Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.20-100,
224.20-110,
224.20-120,
42 U.S.C.
7401 et seq., 7407, 7408, 7410
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
224.10-100 requires the Environmental and
Public Protection Cabinet to prescribe administrative regulations for the
prevention, abatement, and control of air pollution.
42
USC 7410 likewise requires the state to
implement standards for national primary and secondary ambient air quality.
This administrative regulation provides for the control of volatile organic
compound emissions from existing automobile and light-duty truck surface
coating operations.
Section 1.
Definitions. As used in this administrative regulation, all terms not defined
in this section shall have the meaning given to them in
401 KAR
61:001.
(1) "Affected
facility" means a coating line for automobile and light-duty truck frames,
small parts, wheels, and main body parts at an assembly plant but does not
include the following:
(a) Underbottom-sound
deadener coatings;
(b) Zinc rich
antirust and weld line antirust prime coatings;
(c) Adhesive coatings or mastics;
(d) Flexible coatings;
(e) Plastic body fillers or caulks;
or
(f) Interior coatings which are
applied after upholstery and interior plastic parts are attached to the
body.
(2) "Applicator"
means the mechanism or device used to apply the coating, including, but not
limited to dipping and spraying.
(3) "Automobile" means all passenger cars or
passenger car derivatives capable of seating twelve (12) or fewer
passengers.
(4) "Classification
date" means June 29, 1979.
(5)
"Coating line" means a series of equipment or operations used to apply, dry, or
cure any prime, topcoat or repair coatings containing volatile organic
compounds (VOCs). This shall include, but is not limited to:
(a) Mixing operations;
(b) Process storage;
(c) Applicators;
(d) Drying operations including, but not
limited to, flash-off area evaporation, oven drying, baking, curing, and
polymerization;
(e) Clean up
operations;
(f) Leaks, spills and
disposal of VOCs;
(g) Processing
and handling of recovered VOCs;
(h)
For the purposes of determining compliance with this administrative regulation,
if any equipment or operation is considered to be a part of more than one (1)
coating line, its VOC emissions shall be assigned to each coating line of which
it is a part proportionally to the throughput of VOC it receives from or
distributes to each coating line;
(i) If any portion of the series of equipment
or operations qualifies for an exemption according to Section 6 of this
administrative regulation, then that portion shall be considered to be a
separate coating line.
(6) "Final repair coating line" means a
coating line for the repainting of any coatings which are damaged during
vehicle assembly.
(7) "Flash-off
area" means the space between the application area and the oven.
(8) "Light-duty truck" means all motor
vehicles rated at 3,864 kilograms (8,500 pounds) gross vehicle weight or less
which is designed primarily for purposes of transportation of property or are
derivatives of these vehicles (including, but not limited to, pickups, vans,
and window vans).
(9) "Prime coat
coating line" means a coating line for the first coating and surfacer which are
responsible for protecting the surface from corrosion and providing for good
adhesion of the topcoat.
(10)
"Process storage" means mixing tanks, holding tanks, and other tanks, drums, or
other containers which contain surface coatings, VOCs, or recovered VOCs; but
does not mean storage tanks of petroleum liquids which are subject to
401 KAR
59:050, 401 KAR 59:052, or
401 KAR
61:050.
(11) "Topcoat coating line" means a coating
line for the coating of the surface to obtain desired aesthetic
effects.
(12) "Surfacer" means the
spray application of primer to touchup areas on the surface not adequately
covered during electrodeposition.
(13) "VOCs net input" means the total amount
of VOCs input to the affected facility minus the amount of VOCs that are not
emitted into the atmosphere. VOCs that are prevented from being emitted to the
atmosphere by the use of control devices shall not be subtracted from the total
for the purposes of determining VOCs net input. When the nature of any
operation or design of equipment permits more than one (1) interpretation of
this definition, the interpretation that results in the minimum value for
allowable emission shall apply.
(14) "Electrophoretic deposition" means a
process of applying a coating by dipping the component in a coating bath with
an electrical potential difference between the component and the
bath.
Section 2.
Applicability.
(1) This administrative
regulation shall apply to each affected facility commenced before the
classification date defined in Section 1 of this administrative regulation
which is located in a county or portion of a county which is designated ozone
nonattainment, for any nonattainment classification except marginal, under
401 KAR
51:010.
(2) This administrative regulation shall not
apply to affected facilities which are subject to local air pollution control
district regulations which have been approved by the cabinet and the U.S.
EPA.
Section 3. Standard
for VOCs. No person shall cause, allow, or permit an affected facility to
discharge into the atmosphere more than fifteen (15) percent by weight of the
VOCs net input into the affected facility.
Section 4. Compliance.
(1) If applicable, compliance is determined
by "Protocol for Determining the Daily Volatile Organic Compound Emission Rate
of Automobile and Light-Duty Truck Topcoat Operations", which has been
incorporated by reference in Section 7 of this administrative
regulation.
(2) In all cases the
design of any control system shall be subject to approval by the
cabinet.
(3) Compliance with the
standard in Section 3 of this administrative regulation shall be demonstrated
by a material balance unless the cabinet determines that a material balance is
not possible. If a material balance is not possible, compliance shall be
determined based upon an engineering analysis by the cabinet of the control
system design, control device efficiency, control system capture efficiency,
and any other factors that may influence the performance of the system. If
requested by the cabinet, performance tests specified by the cabinet shall be
conducted to determine the efficiency of the control device. Capture efficiency
shall be determined by procedures specified in
401 KAR
50:047.
(4) With the prior approval of the cabinet,
the owner or operator may elect to effect all changes necessary to qualify for
an exemption under Section 6 of this administrative regulation.
(5) If deemed necessary by the cabinet, the
cabinet shall obtain samples of the coatings used at an affected facility to
verify that the coatings meet the requirements in Section 6 of this
administrative regulation.
Section
5. Compliance Timetable.
(1)
Affected facilities which were subject to this administrative regulation as in
effect June 29, 1979, shall have achieved final compliance by January 1, 1983,
for prime coatings systems and final repair systems and by January 1, 1986, for
topcoat systems.
(2) The owner or
operator of an affected facility that becomes subject to this administrative
regulation on or after June 24, 1992 shall be required to complete the
following:
(a) Prime coatings systems, topcoat
systems, and final repair coating systems except as provided for in paragraph
(b) of this subsection:
1. A final control
plan for achieving compliance with this administrative regulation shall be
submitted no later than nine (9) months after the date the affected facility
becomes subject to this administrative regulation.
2. The control system contract or the exempt
coatings contracts and purchase orders shall be awarded no later than eleven
(11) months after the date the affected facility becomes subject to this
administrative regulation.
3.
On-site construction or installation of emission control equipment or process
changes for exempt coatings shall be initiated no later than thirteen (13)
months after the date the affected facility becomes subject to this
administrative regulation.
4.
On-site construction or installation of emission control equipment or process
changes for exempt coatings shall be completed no later than seventeen (17)
months after the date the affected facility becomes subject to this
administrative regulation.
5. Final
compliance shall be achieved no later than eighteen (18) months after the date
the affected facility becomes subject to this administrative
regulation.
6. If an affected
facility becomes subject to this administrative regulation because it is
located in a county previously designated nonurban nonattainment or
redesignated in
401 KAR
51:010 after November 15, 1990, final compliance may
be extended to May 31, 1995, and the schedule in paragraphs (a) through (d) of
this subsection adjusted by the cabinet.
(b) Prime coating lines which are using
electrophoretic deposition on or before the effective date of this
administrative regulation shall be in compliance on the effective date of this
administrative regulation.
Section 6. Exemptions.
(1) Any affected facility shall be exempt
from Section 3 of this administrative regulation if the VOC content of the
coating is:
(a) Prime coating line: 0.14 kg/l
of coating (one and two-tenths (1.2) lb/gal), excluding water or exempt solvent
or both, which shall be applied by electrophoretic deposition and 0.34 kg/l of
coating (two and eight-tenths (2.8) lb/gal), excluding water or exempt solvent
or both, delivered to the applicators associated with the surfacer. An
alternative for the surfacer is fifty-five (55) percent solids by volume
organic-borne prime coat applied with a minimum of sixty-five (65) percent
transfer efficiency, or one and nine-tenths (1.9) kg/l (fifteen and one-tenth
(15.1) lb/gal) of solids deposited. An alternative for the prime coating line
is an organic borne prime coat consisting of a minimum of fifty-five (55)
percent solids by volume which is applied with a minimum of fifty (50) percent
transfer efficiency.
(b) Topcoat
coating line: 0.34 kg/l of coating (two and eight-tenths (2.8) lb/gal),
excluding water or exempt solvent or both, delivered to the applicator(s)
associated with the topcoat coating line or a fifty (50) percent solids by
volume organic-borne topcoat applied with a minimum of sixty-five (65) percent
transfer efficiency, or one and nine-tenths (1.9) kg/l (fifteen and one-tenth
(15.1) lb/gal) of solids deposited.
(c) Repair coating line: 0.58 kg/l of coating
(four and eight-tenths (4.8) lb/gal), excluding water or exempt solvent or
both, as delivered to the applicator applied with a minimum of sixty-five (65)
percent transfer efficiency.
(2) Any affected facility using this section
may elect to use a weighted average of the coatings used in the particular
coating line involved. If this average meets the exemption then all the
coatings shall be considered to meet the exemption.
(3) The exemptions specified in this section
may be achieved by:
(a) Use of low solvent
coating; or
(b) Any other emission
reduction process or equipment shown to be as effective.
(4) Low-use coatings shall be exempt from
Section 3 of this administrative regulation if the plantwide consumption of
these coatings in the aggregate is less than or equal to fifty-five (55)
gallons during the previous twelve (12) months.
Section 7. Reference Material.
(1) Incorporation by Reference. The following
document is incorporated by reference: "Protocol for Determining the Daily
Volatile Organic Compound Emission Rate of Automobile and Light Duty Truck
Topcoat Operations," EPA-450/3-88-018, December 1988, available from U.S.
Environmental Protection Agency, Office of Air Quality Planning and Standards,
Research Triangle Park, North Carolina 27711 and the U.S. Department of
Commerce, National Technical Information Service, Springfield, Virginia
22161.
(2) The document
incorporated by reference in subsection (1) of this section is available for
public inspection and copying, subject to copyright law, at the following main
and regional offices of the Kentucky Division for Air Quality during the normal
working hours of 8 a.m. to 4:30 p.m., local time.
(a) Kentucky Division for Air Quality, 300
Sower Boulevard, Frankfort, Kentucky 40601, (502) 564-3999(502)
573-3382;
(b) Ashland Regional
Office, 1550 Wolohan Drive, Suite 1, Ashland, Kentucky 41102-8942, (606)
929-5285;
(c) Bowling Green
Regional Office, 1508 Westen Avenue, Bowling Green, Kentucky 42104, (270)
746-7475;
(d) Florence Regional
Office, 8020 Veterans Memorial Drive, Suite 110, Florence, Kentucky 41042,
(859) 525-4923;
(e) Hazard Regional
Office, 233 Birch Street, Suite 2, Hazard, Kentucky 41701, (606)
435-6022;
(f) London Regional
Office, 875 South Main Street, London, Kentucky 40741, (606)
330-2080;
(g) Owensboro Regional
Office, 3032 Alvey Park Drive West, Suite 700, Owensboro, Kentucky 42303, (270)
687-7304; and
(h) Paducah Regional
Office, 130 Eagle Nest Drive, Paducah, Kentucky 42003, (270)
898-8468.
STATUTORY AUTHORITY:
KRS
224.10-100