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
224.10-110 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 miscellaneous metal parts and products 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 located at job shops and original equipment
manufacturing industries which apply coatings on metal substrates not subject
to an administrative regulation, other than
401 KAR
61:060, in this chapter.
(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) "Single coat" means only one (1) film of
coating is applied to the metal substrate.
(5) "Prime coat" means the first of two (2)
or more films of coating applied in an operation.
(6) "Topcoat" means the final film or series
of films of coating applied in a two (2) coat (or more) operation.
(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 equipment or an 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 a 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) "Miscellaneous metal parts and products"
means items including but not limited to:
(a)
Large farm machinery (harvesting, fertilizing and planting machines, tractors,
combines, etc.);
(b) Small farm
machinery (lawn and garden tractors, lawn mowers, rototillers, etc.);
(c) Small appliances (fans, mixers, blenders,
crock pots, dehumidifiers, vacuum cleaners, etc.);
(d) Commercial machinery (computers and
auxiliary equipment, typewriters, calculators, vending machines,
etc.);
(e) Industrial machinery
(pumps, compressors, conveyor components, fans, blowers, transformers,
etc.);
(f) Fabricated metal
products (metal covered doors, frames, etc.); and
(g) Any other industrial category not subject
to an administrative regulation, other than
401 KAR
61:060, in this chapter which coats metal parts or
products.
(10) "Heat
sensitive material" means materials which cannot be exposed to temperatures
greater than eighty-two (82) to ninety-three (93) °C
(180°-200°F).
(11) "Air or
forced air-dried items" means parts that are too large or too heavy for
practical size ovens; parts that are sensitive to heat; parts to which heat
sensitive materials are attached; or equipment assembled prior to top coating
for specific performance or quality standards.
(12) "Outdoor or harsh exposure or extreme
environmental conditions" means exposure to any of the following: year round
weather conditions, temperatures consistently above ninety-five (95)°C,
detergents, scouring, solvents, corrosive atmospheres; and similar
environmental conditions.
(13)
"Classification date" means February 4, 1981.
(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 VOC net input. If the nature of an operation or
a design of equipment is such as to permit more than one (1) interpretation of
this definition, the interpretation that results in the minimum value for
allowable emissions shall apply.
(15) "Glass adhesive primer" means a primer
applied to the body of a vehicle to etch the topcoat for the purpose of
ensuring a positive bond with the adhesive used to secure the windshield and
back glass to the vehicle in a manner consistent with federal safety
regulations.
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) In all cases the design of a control
system is 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 other factors that
could influence the performance of the system. If requested by the cabinet,
Method 25, which has been incorporated by reference in
401 KAR
50:015, shall be performed in order to determine the
efficiency of the control device or demonstrate compliance with the standard.
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 and the U.S. EPA determine that
other methods would be more appropriate.
(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 and 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, clean-up, or wash-up 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 February 4, 1981, shall have achieved final compliance by December
31, 1982.
(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) Submit a final control plan for achieving
compliance with this administrative regulation no later than nine (9) months
after the date the affected facility becomes subject to this administrative
regulation.
(b) Award a contract
for the control system or for the exempt coatings and any other accompanying
process change no later than eleven (11) months after the date the affected
facility becomes subject to this administrative regulation.
(c) Initiate on-site construction or
installation of emission control equipment or process changes for exempt
coatings 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.
(1) An affected facility shall be exempt from
Section 3 of this administrative regulation if the VOC content of the coating
is:
(a) Less than 0.52 kg/l of coating (four
and three-tenths (4.3) lb/gal), excluding water or exempt solvent or both,
delivered to applicators associated with clear coat;
(b) Less than 0.42 kg/l of coating (three and
five-tenths (3.5) lb/gal), excluding water or exempt solvent or both, delivered
to applicators associated with air or forced air-dried items or items subject
to outdoor or harsh exposure or extreme environmental conditions;
(c) Less than 0.36 kg/l of coating (three
(3.0) lb/gal), excluding water or exempt solvent or both, delivered to
applicators associated with color coat or first coat on untreated ferrous
substrate; or
(d) Less than 0.05
kg/l of powder coating (four-tenths (0.4) lb/gal) delivered to applicators
associated with no or infrequent color change, or a small number of colors
applied.
(2) The surface
coating of the following metal parts and products are exempt from this
administrative regulation:
(a) The exterior of
airplanes and marine vessels, but not parts for the exterior of airplanes and
marine vessels that are coated as a separate manufacturing or coating
operation;
(b) Automobile
refinishing; and
(c) Customized top
coating of automobiles and trucks, if production is less than thirty-five (35)
vehicles per day.
(3) 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 thirty (30) tons per year.
(4) 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.
(5) Glass adhesive primer with VOC content
equal to or less than five and one-tenth (5.1) lb/gal of glass adhesive primer
excluding water or exempt solvent or both, shall be exempt from this
administrative regulation.