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 can 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 cans.
(2) "Applicator" means the mechanism or
device used to apply the coating, including but not limited to spray or
roller.
(3) "Flash-off area" means
the space between the applicator and the oven.
(4) "End sealing compound" means a synthetic
rubber compound which is coated onto can ends and functions as a gasket when
the end is assembled on the can.
(5) "Exterior base coating" means a coating
applied to the exterior of a can to provide exterior protection to the metal
and background for the lithographic or printing operation.
(6) "Interior base coating" means a coating
applied by roller coater or spray to the interior of a can to provide a
protective lining between the can metal and product.
(7) "Interior body spray" means a coating
sprayed on the interior of the can body to provide a protective film between
the product and the can.
(8)
"Overvarnish" means a coating applied directly over ink to reduce the
coefficient of friction, to provide gloss and to protect the finish against
abrasion and corrosion.
(9) "Three
(3) piece can side-seam spray" means a coating sprayed on the exterior and
interior of a welded, cemented or soldered seam to protect the exposed
metal.
(10) "Two (2) piece can
exterior end coating" means a coating applied by roller coating or spraying to
the exterior end of a can to provide protection to the metal.
(11) "Coating line" means a series of
equipment or operations used to apply, dry, or cure any 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.
(12) "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.
(13) "Classification date" means June 29,
1979.
(14) "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. If
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.
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 so requested by the
cabinet, performance tests as specified by the cabinet shall be conducted in
order 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 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 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
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 date 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. Any affected facility
shall be exempt from Section 3 of this administrative regulation if the VOC
content of the coating is:
(1) Less than 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 sheet base
coat (exterior and interior) and overvarnish or two (2) piece can exterior
(basecoat and overvarnish) coating lines;
(2) Less than 0.51 kg/l of coating (four and
two-tenths (4.2) lb/gal), excluding water, or exempt solvent or both, delivered
to the applicators associated with the two (2) and three (3) piece can interior
body spray or two (2) piece can exterior end (spray or roll coat) coating
lines;
(3) Less than 0.66 kg/l of
coating (five and five-tenths (5.5) lb/gal), excluding water, or exempt solvent
or both, delivered to the applicators associated with the three (3) piece can
side-seam spray coating line;
(4)
Less than 0.44 kg/l of coating (three and seven-tenths (3.7) lb/gal), excluding
water, or exempt solvent or both, delivered to the applicators associated with
the end sealing compound coating line.
(5) 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 for maximum production) and 8760
hr/yr before add-on control.
(6) Low-use coatings shall be exempt from
Section 3 of this administrative regulation if the plant-wide 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