DAR File No. 36736

Environmental Quality, Air Quality

Rule R307-354

Automotive Refinishing Coatings

Change in Proposed Rule

DAR File No.: 36736
Filed: 12/10/2012 01:19:59 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. Industry also submitted several comments requesting substantive changes to the proposed rule. 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 R307-354-2 is changed stating that in Tooele and Box Elder counties, 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 of 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. Section R307-354-3 is changed by removing the definitions "cut-in, or jambing, clearcoat," "elastomeric coating," "finishing material," "finishing operation," "low gloss coating," and "specialty coatings." Language is added to Section R307-354-4 to clarify that exempt solvents are not included in the VOC content limits for the coating used. Section R307-354-5 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. Section R307-354-6 is changed to clarify that the owner or operator must provide documentation that the emission control system will attain the requirements of Section R307-354-6. (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 88. 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 $2,500 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 $2,500 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 $2,500 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.

R307-354. Automotive Refinishing Coatings.

R307-354-1. Purpose.

The purpose of R307-354 is to limit volatile organic compound emissions (VOC) from automotive refinishing sources.

 

R307-354-2. Applicability.

[R307-354 applies to automotive refinishing sources, including related cleaning operations, that have the potential to emit 2.7 tons per year of VOC and are located in Box Elder, Cache, Davis, Salt Lake, Tooele, Utah and Weber counties.](1) R307-354 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, R307-354 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.

(3) The requirements of R307-354 shall not apply to any canned aerosol coating products.

 

R307-354-3. Definitions.

The following additional definitions apply to R307-354:

"Adhesion promoter" means a coating which is labeled and formulated to be applied to uncoated plastic surfaces to facilitate bonding of subsequent coatings, and on which, a subsequent coating is applied.

"Automotive" means passenger cars, vans, motorcycles, trucks, buses, golf carts and all other mobile equipment.

"Automotive refinishing" means the process of coating automobiles, after-market automobiles, motorcycles, light and medium-duty trucks and vans that are performed in auto body shop s, auto repair shops, production paint shops, new car dealer repair and paint shops, fleet operation repair and paint shops, and any other facility which coats vehicles under the Standard Industrial Classification Code 7532 (Top, Body and Upholstery Repair Shops and Paint Shops). This includes dealer repair of vehicles damaged in transit. It does not include refinishing operations for other types of mobile equipment, such as farm machinery and construction equipment or their parts, including partial body collision repairs, that is subsequent to the original coating applied at an automobile original equipment manufacturing plant.

"Clear coating" means any coating that contains no pigments and is labeled and formulated for application over a color coating or clear coating.

"Coating" means a protective, decorative, or functional material applied in a thin layer to a surface. Such materials may include paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, inks, and temporary protective coatings.

"Color coating" means any pigmented coating, excluding adhesion promoters, primers, and multi-color coatings, that requires a subsequent clear coating and which is applied over a primer, adhesion promoter, or color coating. Color coatings include metallic and iridescent color coatings.

[ "Cut-in, or jambing, clearcoat" means a fast-drying, ready-to-spray clearcoat applied to surfaces such as door jambs and trunk and hood edges to allow for quick closure.

"Elastomeric coating" means a coating designed for application over flexible parts, such as elastomeric bumpers.

] "Enclosed paint gun cleaner" means a cleaner consisting of a closed container with a door or top that can be opened and closed and fitted with cleaning connections. The spray gun is attached to a connection, and solvent is pumped through the gun and onto the exterior of the gun. Cleaning solvent falls back into the cleaner's solvent reservoir for recirculation.

[ "Finishing material" means a coating used in the automotive refinishing industry, including basecoats, stains, washcoats, sealers, and topcoats.

"Finishing operation" means those activities in which a finishing material is applied to a substrate and is subsequently air-dried, cured in an oven, or cured by radiation.

"Low-gloss coating" means a coating which exhibits a gloss reading less than or equal to 25 on a 60 degree glossmeter.

] "Metallic/Iridescent color coating" means a coating which contains iridescent particles, composed of either metal as metallic particles or silicon as mica particles, in excess of 0.042 pounds per gallon as applied, where such particles are visible in the dried film.

"Multi-color[ed] coating" means a coating which exhibits more than one color when applied, and which is packaged in a single container and applied in a single coat.

"Non[]-[ ]enclosed paint gun cleaner" means cleaner consisting of a basin similar to a sink in which the operator washes the outside of the gun under a solvent stream. The gun cup is filled with recirculated solvent, the gun tip is placed into a canister attached to the basin, and suction draws the solvent from the cup through the gun. The solvent gravitates to the bottom of the basin and drains through a small hole to a reservoir that supplies solvent to the recirculation pump.

"Pretreatment coating" means a coating which contains no more that 16% solids, by weight, and at least 0.5% acid, by weight, is used to provide surface etching, and is applied directly to bare metal surfaces to provide corrosion resistance and promote adhesion for subsequent coatings.

"Primer" means any coating which is labeled and formulated for application to a substrate to provide a bond between the substrate and subsequent coats; corrosion resistance; a smooth substrate surface; or resistance to penetration of subsequent coats, and on which a subsequent coating is applied. Primers may be pigmented.

"Single-stage coating" means any pigmented coating, excluding primers and multi-color coatings, labeled and formulated for application without a subsequent clear coat. Single-stage coatings include single-stage metallic/iridescent coatings.

"Solids" means the part of the coating that remains after the coating is dried or cured; solids content is determined using data from EPA Method 24.

[ "Specialty coatings" means adhesion promoters, low-gloss coatings, bright metal trim repair coatings, jambing (cut-in) clearcoats, elastomeric coatings, impact resistant coatings, underbody coatings, uniform finish blenders, and weld-through primers.

] "Temporary protective coating" means any coating which is labeled and formulated for the purpose of temporarily protecting areas form overspray or mechanical damage.

"Topcoat" means any coating or series of coatings applied over a primer or an existing finish for the purpose of protection or beautification.

"Truck bed liner coating" means any coating, excluding clear, color, multi-color, and single-stage coatings, labeled and formulated for application to a truck bed to protect it from surface abrasion.

"Underbody coating" means any coating labeled and formulated for application to wheel wells, the inside of door panels or fenders, the underside of a trunk or hood, or the underside of the motor vehicle.

"Uniform finish coating" means any coating labeled and formulated for application to the area around a spot repair for the purpose of blending a repaired area's color or clear coat to match the appearance of an adjacent area's existing coating. Prior to May 1, 2013, this coating category may be referred to as uniform finish blenders.

"Uniform finish blender" means a coating designed to blend a repaired topcoat into an existing topcoat.

 

R307-354-4. 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 R307-354-6.

 

TABLE 1

AUTOMOTIVE REFINISHING VOC LIMITS
(values in pounds of VOC per gallon of coating, minus water and
 exempt solvent (compounds not defined as VOC), as applied)

COATING CATEGORY                             VOC EMISSION RATES

Adhesion Promoter                                 4.5

Clear Coating                                     2.1

Color Coating                                     3.5

Multi-color Coating                               5.7

Pretreatment Coating                              5.5

Primer                                            2.1

Primer Sealer                                     2.1

Single-stage Coating                              2.8

Temporary Protective Coating                      0.5

Truck Bed Liner Coating                           2.6

Underbody Coating                                 3.6

Uniform Finish Coating                            4.5

Any Other Coating Type                            2.1

 

R307-354-5. Work Practice and Recordkeeping.

(1) Control techniques and work practices are to be implemented at all times to reduce VOC emissions from fugitive type sources. Control techniques and work practices include:

(a) Tight fitting covers for open tanks;

(b) Covered containers for solvent wiping cloths;

(c) Collection hoods for areas where solvent is used for cleanup;

(d) Minimizing spill of VOC-containing cleaning materials;

(e) Conveying VOC-containing materials from one location to another in closed containers or pipes; and

(f) Cleaning spray guns in enclosed systems or a non-enclosed paint gun cleaner may be used if the vapor pressure of the cleaning solvent is less than 100 mm Hg at 68 degrees Fahrenheit and the solvent is directed towards a drain that leads directly to an enclosed remote reservoir .[; and

(g) Using recycled solvents for cleaning.

(2) The owner or operator shall maintain records from the manufacturer that demonstrate compliance with the emission standards of R307-354-4.]

([3]2) Application equipment requirements:

(a) A person shall not apply any coating to an automotive part or component unless the coating application method achieves a demonstrated 65% transfer efficiency.

(b) The following coating application methods have been demonstrated to achieve a minimum of 65% transfer efficiency:

(i) Brush, dip or roll coating operated in accordance with the manufacturers specifications;

(ii) Electrostatic application equipment operated in accordance with the manufacturers specifications; and

(iii) High Volume, Low Pressure spray equipment operated in accordance with the manufacturers specifications.

(c) Other coating application methods may be used that have been demonstrated to be capable of achieving at least 65% transfer efficiency, as certified by the manufacturer.

(3) All sources subject to R307-354 shall maintain records demonstrating compliance with all provisions of R307-354 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 R307-354.

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

 

R307-354-6. 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]documentation that the emission control system will attain the requirements of R307-354-6[required efficiency performance].

(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.

 

R307-354-7. Compliance Schedule.

All sources within Box Elder, Cache, Davis, Salt Lake, Tooele, Utah, and Weber counties shall be in compliance with this rule by [January 1,]July 1, 2014.

 

KEY: air pollution, automotive refinishing, VOC, coatings

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

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