Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
224.20-100,
224.20-110,
224.20-120,
40 C.F.R. 60 Appendix A (Method 24),
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 metal furniture 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 indoor or outdoor metal furniture.
(2) "Applicator" means the mechanism or
device used to apply the coating, including, but not limited to, dipping,
spraying, or flow coating.
(3)
"Flash-off area" means the space between the applicator and the oven.
(4) "Prime coat" means the first film of
coating applied in a two (2) coat operation which is responsible for protecting
the surface from corrosion and providing for good adhesion of the
topcoat.
(5) "Topcoat" means the
final film of coating applied in a two (2) coat operation to obtain desired
aesthetic effects.
(6) "Single
coat" means a single film coating applied directly to the metal substrate
omitting the prime coat.
(7)
"Coating line" means a series of equipment or operations used to apply, dry, or
cure any prime, topcoat or single 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 VOCs 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.
(8) "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.
(9) "Metal furniture" means household and
business items including but not limited to tables, chairs, waste baskets,
beds, desks, lockers, benches, shelving, file cabinets, lamps and room
dividers.
(10) "Classification
date" means June 29, 1979.
(11)
"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 to
permit more than one (1) interpretation of this definition, the interpretation
that results in the minimum value for allowable emission shall
apply.
Section 2.
Applicability. 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.
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) In all cases the design of any control
system shall be subject to approval by the cabinet.
(2) 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.
(3) 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.
(4) 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. Appendix A to 40 CFR 60, Method 24, which has been
incorporated by reference in
401 KAR
50:015, shall be used as applicable to determine
compliance of the coatings, unless the cabinet determines that other methods
would be more appropriate. Case-by-case alternatives approved by the cabinet,
but not previously authorized by the U.S. EPA, shall be submitted to the U.S.
EPA as a SIP revision.
(5)
Compliance on one (1) coating line with VOC emission limits shall be based on
an averaging period not to exceed twenty-four (24) hours. If it is not
economically or technically feasible to determine emissions on a daily basis,
alternatives expressing emission limits for longer averaging times may be
accepted if approved by the cabinet. Case-by-case alternatives approved by the
cabinet, but not previously authorized by the U.S. EPA, shall be submitted to
the U.S. EPA as a SIP revision.
(6)
The amount of exempt solvents shall be subtracted from the amount of coatings,
just like water, with the ultimate value of interest being the mass of VOC per
unit volume of coating less exempt solvent or water or both.
(7) Calculations to determine equivalency on
one (1) coating line shall be based on mass of VOC per volume of
solids.
(8) Daily records shall be
maintained by the source for the most recent two (2) year period. These records
shall be made available to the cabinet or the U.S. EPA upon request. The
records shall include, but not be limited to, the following:
(a) Applicable administrative regulation
number;
(b) Application method and
substrate type;
(c) Amount and type
of adhesive, coating (including catalyst and reducer for multicomponent
coatings), or solvent used at each point of application, including exempt
compounds;
(d) The VOC content as
applied in each adhesive, coating, or solvent;
(e) The date for each application for
adhesive, coating, or solvent;
(f)
The amount of surface preparation, cleanup, or washup solvent (including exempt
compounds) used and the VOC content of each; and
(g) Oven temperature, if
applicable.
Section
5. Compliance Timetable.
(1)
Affected facilities which were subject to this administrative regulation as in
effect on June 29, 1979, shall have achieved final compliance by August 1,
1981.
(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) 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.
(b) The
control system contract or the exempt coatings and any accompanying process
change contracts shall be awarded no later than eleven (11) months after the
date the affected facility becomes subject to this administrative
regulation.
(c) 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.
(d) 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.
(e) Final compliance
shall be achieved no later than eighteen (18) months after the affected
facility becomes subject to this administrative regulation.
(f) 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.
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 less than 0.36 kg/l of coating (three (3.0) lb/gal), excluding water
or exempt solvent or both, delivered to the applicators associated with the
prime, single or topcoat coating line.
(2) An affected facility shall be exempt from
this administrative regulation if the total VOC emissions from all affected
facilities subject to this administrative regulation are less than or equal to:
(a) Three (3) lb/hr actual emissions before
add-on control;
(b) Fifteen (15)
lb/day actual emissions before add-on control; or
(c) Ten (10) tons per year theoretical
potential emissions based on design capacity (or maximum production) and 8760
hr/yr before add-on control.
(3) 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.
STATUTORY AUTHORITY:
KRS
224.10-100