DAR File No. 36728

Environmental Quality, Air Quality

Rule R307-346

Metal Furniture Surface Coatings

Change in Proposed Rule

DAR File No.: 36728
Filed: 12/10/2012 12:14:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the public comment period, stakeholders and existing small sources expressed their concerns about the 2.7 tons per year applicability being applied to existing sources in Box Elder and Tooele counties. The EPA also submitted comments regarding the record keeping requirements. The changes to the proposed rule are in response to these comments.

Summary of the rule or change:

Section R307-346-2 is changed stating that in Tooele and Box Elder counties, as of 02/01/2013, the rule applies to existing sources as of 02/01/2013, that have the potential to emit 5 tons per year or more of VOC and applies to new sources that have the potential to emit 2.7 tons per year or more VOC. The rule still applies in Cache, Davis, Salt Lake, Utah, and Weber counties to sources that have the potential to emit 2.7 tons per year or more VOC. Language is added to Section R307-346-5 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Section R307-346-6 is changed to require owners and operators to maintain records demonstrating compliance with the rule on an annual basis and to require them to make those records available to the director upon request. Subsection R307-346-6(3) is amended by adding application requirements. Section R307-346-7 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-346-6. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed new rule that was published in the October 1, 2012, issue of the Utah State Bulletin, on page 69. Underlining in the rule below indicates text that has been added since the publication of the proposed rule mentioned above; strike-out indicates text that has been deleted. You must view the change in proposed rule and the proposed new rule together to understand all of the changes that will be enforceable should the agency make this rule effective.)

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

The changes to this rule do not result in any new requirements to the state; therefore, there are no anticipated costs or savings to the state budget.

local governments:

The changes to this rule do not result in any new requirements to local governments; therefore, there are no anticipated costs or savings to local governments.

small businesses:

Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,220 per ton of VOC removed.

persons other than small businesses, businesses, or local governmental entities:

Because there are no new requirements for persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings.

Compliance costs for affected persons:

Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,220 per ton of VOC removed.

Comments by the department head on the fiscal impact the rule may have on businesses:

Because the rule's applicability to existing sources in Box Elder and Tooele counties is changed from sources with the potential to emit 2.7 tons per year VOC to sources with the the potential to emit 5 tons per year VOC, the rule will apply to fewer sources in those counties, resulting in a savings of up to $2,220 per ton of VOC removed.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

This rule may become effective on:

02/01/2013

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-346. Metal Furniture Surface Coatings.

R307-346-1. Purpose.

The purpose of this rule is to limit volatile organic compound (VOC) emissions from metal furniture surface coating operations in application areas, flash-off areas, and ovens of metal furniture coating lines involved in prime and top-coat or single coat operations.

 

R307-346-2. Applicability.

[R307-346 applies to the application areas, flash-off areas, and ovens of metal furniture coating lines involved in prime and top-coat or single coat operations, including related cleaning activities, that have the potential to emit 2.7 tons per year of VOC and that are located in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber counties.](1) R307-346 applies to sources located in Cache, Davis, Salt Lake, Utah and Weber counties that have the potential to emit 2.7 tons per year or more of VOC, including related cleaning activities.

(2) In Box Elder and Tooele counties, R307-346 applies to the following sources:

(a) Existing sources as of February 1, 2013 with the potential to emit 5 tons per year or more of VOC, including related cleaning activities; and

(b) New sources as of February 1, 2013 that have the potential to emit 2.7 tons per year or more of VOC, including related cleaning activities.

 

R307-346-3. Exemptions.

(1) The requirements of R307-346 do not apply to the following:

(a) Stencil coatings;

(b) Safety-indicating coatings;

(c) Solid-film lubricants;

(d) Electrical-insulating and thermal-conducting coatings;

(e) Touch-up and repair coatings; or

(f) Coating applications utilizing hand-held aerosol cans.

 

R307-346-4. Definitions.

"Air dried coating" means coatings that are dried by the use of air or a forced warm air at temperatures up to 194 degrees Fahrenheit.

"Application area" means the area where the coating is applied by spraying, dipping, or flow coating techniques.

"Baked coating" means a coating that is cured at a temperature at or above 194 degrees Fahrenheit.

"Coating" means a protective, functional, or decorative film applied in a thin layer to a surface. This term applies to paints, sealants, caulks, inks, adhesives, and maskants.

"Extreme performance coatings" means coatings designed for harsh exposure or extreme environmental conditions.

"Maskants" means a material that protects a metal surface during the etching process.

"Metal furniture coating" means the surface coating of any furniture made of metal or any metal part that will be assembled with other metal, wood fabric, plastic, or glass parts to form a furniture piece.

 

R307-346-5. Emission Standards.

Each owner or operator shall not apply coatings with a VOC content in excess of the amounts specified in Table 1 or shall use an add-on control device as specified in R307-346-7.

 

TABLE 1

METAL FURNITURE SURFACE COATING VOC LIMITS
(values in pounds of VOC per gallon of coating, minus water and
exempt solvents (compounds not classified as VOC, as applied)

COATING CATEGORY                   VOC EMISSION RATE

                                 Baked          Air Dried

General, One Component            2.3             2.3

General, Multi-Component          2.3             2.8

Extreme High Gloss                3.0             2.8

Extreme Performance               3.0             3.5

Heat Resistant                    3.0             3.5

Metallic                          3.5             3.5

Pretreatment Coatings             3.5             3.5

Solar Absorbent                   3.0             3.5

 

R307-346-6. Work Practices.

(1) The owner or operator shall:

(a) Store all VOC-containing coatings, thinners, and cleaning materials in closed containers;

(b) Minimize spills of VOC-containing coatings, thinners, and cleaning materials;

(c) Clean up spills immediately;

(d) Convey any coatings, thinners, and cleaning materials in closed containers or pipes;

(e) Close mixing vessels that contain VOC coatings and other materials except when specifically in use; and

(f) Minimize usage of solvents during cleaning of storage, mixing, and conveying equipment.

(2) No person shall apply any coating unless the coating application method achieves a demonstrated 65% transfer efficiency.

The following applications achieve a minimum of 65% transfer efficiency and shall be operated in accordance with the manufacturers specifications:

(a) Electrostatic application;

(b) Electrodeposition;

(c) Brush coat;

(d) Flow coat;

(e) Roll coat;

(f) Dip coat;

(g) Continuous coating;

(h) High-volume, low-pressure (HVLP) spray; or

(i) Other application method capable of achieving at least 65% transfer efficiency, as certified by the manufacturer.

(3) All persons shall perform solvent cleaning operations with cleaning material having VOC content of 0.21 pounds per gallon or less, unless such cleaning operations are performed within the control of the emission control system of R307-346-7.

([2]4) [The owner or operator shall maintain records from the manufacturer that demonstrates compliance with the emission standards of R307-348-4.]All sources subject to R307-346 shall maintain records demonstrating compliance with all provisions of R307-346 on an annual basis.

(a) Records shall include, but not be limited to, inventory and product data sheets of all coatings and solvents subject to R307-346.

(b) These records shall be available to the director upon request.

 

R307-346-7. Optional Add-On Controls.

(1) The owner or operator may install and maintain an incinerator, carbon adsorption, or any other add-on emission control device, provided that the emission control device will attain at least 90% efficiency performance.

(2) The owner or operator of a control device shall provide [certification from the manufacturer that the emission control system will attain required efficiency performance]documentation that the emission control system will attain the requirements of R307-346-7.

(3) Emission control systems shall be operated and maintained in accordance with the manufacturer recommendations. The owner or operator shall maintain for a minimum of two years records of operating and maintenance sufficient to demonstrate that the equipment is being operated and maintained in accordance with the manufacturer recommendations.

 

R307-346-8. Compliance Schedule.

(1) All sources in Davis and Salt Lake counties are subject to this rule as of the effective date.

(2) Sources in Box Elder, Cache, Utah, Tooele, and Weber counties shall be in compliance with the rule by January 1, 2014.

 

KEY: air pollution, emission controls, surface coating, metal furniture

Date of Enactment or Last Substantive Amendment: [2012]2013

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)