WSR 03-16-025

PERMANENT RULES

PUGET SOUND

CLEAN AIR AGENCY

[ Filed July 29, 2003, 11:56 a.m. , effective September 1, 2003 ]

Date of Adoption: July 24, 2003.

Purpose: Regulation II, to make our rule consistent with EPA national rule that applies to motor vehicle refinishing, we are deleting unnecessary definitions and clarifying the distinction between automobile refinishing, which is covered by EPA rule, and original equipment manufacturing, which is addressed by our revised rule. Industry administrative burden is also reduced by this proposal. Regulation III, to remove an unnecessary section of our rules.

Citation of Existing Rules Affected by this Order: Repealing Section 3.01 of Regulation III; and amending Sections 1.05 and 3.04 of Regulation II and Section 2.01 of Regulation III.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Adopted under notice filed as WSR 03-13-134 on June 18, 2003.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Effective Date of Rule: September 1, 2003.

July 28, 2003

Kwame Agyei

Air Resource Specialist

AMENDATORY SECTION


REGULATION II SECTION 1.05 SPECIAL DEFINITIONS

When used in Regulation II of the Puget Sound Clean Air Agency:

(a) AEROSPACE COMPONENT means the fabricated part, assembly of parts, or completed unit of any aircraft, helicopter, missile or space vehicle.

(b) ANTIGLARE/SAFETY COATING means a coating that does not reflect light.

(((c) CAMOUFLAGE COATING means a coating applied on motor vehicles to conceal such vehicles from detection.

(d) COLOR MATCH means the ability of a repair coating to blend into an existing coating so that color difference is not visible.))

(((e))) (c) COMMERCIAL AEROSPACE PRIMER means BMS 10-11, Type I.

(((f))) (d) COMMERCIAL AEROSPACE TOPCOAT means BMS 10-11, Type II.

(((g))) (e) CUTBACK ASPHALT means an asphalt that has been blended with more than 7% petroleum distillates by weight.

(((h) EXTREME PERFORMANCE COATING means any coating used on the surface of a Group II vehicle, mobile equipment or their parts or components that during intended use is exposed to industrial grade detergents, cleaners or abrasive scouring agents or extreme environmental conditions as determined by the Control Officer.))

(((i))) (f) FLEXOGRAPHIC PRINTING means the application of words, designs and pictures to a substrate by means of a roll printing technique in which the pattern to be applied is raised above the printing roll and the image carrier is made of rubber or other elastomeric materials.

(((j))) (g) GELCOAT means a polyester resin surface coating that provides a cosmetic enhancement and improves resistance to degradation from exposure to the environment.

(((k) GROUP I VEHICLES means passenger cars, large/heavy-duty truck cabs and chassis (>10,000 pounds gross vehicle weight), light- and medium-duty trucks and vans (<10,000 pounds gross vehicle weight), and motorcycles.

(l) GROUP II VEHICLES means public transit buses.))

(((m))) (h) METALLIC/IRIDESCENT TOPCOAT means any coating that contains more than 5 grams per liter (0.042 lb/gal) of metal or iridescent particles, as applied, where such particles are visible in the dried film.

(((n))) (i) MILITARY AEROSPACE PRIMER means the current version of MIL-P-85582.

(((o))) (j) MILITARY AEROSPACE TOPCOAT means the current version of MIL-C-85285.

(((p) MOBILE EQUIPMENT means any equipment that may be drawn or is capable of being driven on a roadway, including, but not limited to, truck bodies, truck trailers, utility bodies, camper shells, mobile cranes, bulldozers, street cleaners, golf carts and implements of husbandry.))

(((q))) (k) PACKAGING ROTOGRAVURE PRINTING means rotogravure printing upon paper, paper board, metal foil, plastic film, and other substrates, that are, in subsequent operations, formed into packaging products and labels for articles to be sold.

(((r) PETROLEUM SOLVENT means organic material produced by petroleum distillation comprising a hydrocarbon range of 8 to 12 carbon atoms that exists as a liquid under standard conditions, frequently called "Stoddard" solvent.))

(((s))) (l) POLYESTER RESIN means a group of synthetic resins containing ethylenic unsaturation and capable of undergoing free radical polymerization with styrene monomer.

(((t))) (m) PRECOAT means any coating that is applied to bare metal primarily to deactivate the metal surface for corrosion resistance to a subsequent water-based primer.

(((u))) (n) PRETREATMENT WASH PRIMER means any coating that contains a minimum of 0.5% acid by weight, is necessary to provide surface etching and is applied directly to bare metal surfaces to provide corrosion resistance and adhesion.

(((v))) (o) PRIMER means a coating applied directly to a component for purposes of corrosion protection, protection from the environment, functional fluid resistance and adhesion of subsequent coatings.

(((w))) (p) PRIMER SEALER means any coating applied prior to the application of a topcoat for the purpose of corrosion resistance, adhesion of the topcoat, color uniformity, and to promote the ability of an undercoat to resist penetration by the topcoat.

(((x))) (q) PRIMER SURFACER means any coating applied prior to the application of topcoat for the purpose of corrosion resistance, adhesion of the topcoat, and that promotes a uniform surface by filling in surface imperfections.

(((y))) (r) PUBLICATION ROTOGRAVURE PRINTING means rotogravure printing upon paper that is subsequently formed into books, magazines, catalogues, brochures, directories, newspaper supplements and other types of printed materials.

(((z))) (s) ROTOGRAVURE PRINTING means the application of ink to a substrate by means of a roll printing technique that involves an intaglio or recessed image areas in the form of cells.

(((aa) SOLVENT RECOVERY DRYER means a dry cleaning dryer that employs a condenser to liquify and recover solvent vapors evaporated in a closed-loop, recirculating stream of heated air.

(bb) SPECIALTY COATINGS are coatings that are necessary due to unusual job performance requirements. Said coatings include, but are not limited to, adhesion promoters, uniform finish blenders, elastomeric materials, gloss flatteners, bright metal trim repair, and antiglare/safety coatings.))

(((cc))) (t) TEMPORARY PROTECTIVE COATING means a coating applied to an aerospace component to protect it from mechanical and environmental damage during manufacturing.

(((dd))) (u) TOPCOAT means a coating applied over a primer or directly to a component primarily for purposes of appearance or identification.

(((ee) TOUCHUP means the portion of the operation that is necessary to cover minor imperfections.))


AMENDATORY SECTION


REGULATION II SECTION 3.04 MOTOR VEHICLE AND MOBILE EQUIPMENT COATING OPERATIONS

(a) It shall be unlawful for ((any person to cause or allow the application of any coating with a VOC content in excess of the following limits to Group I vehicles and their parts and components, or Group II vehicles and mobile equipment where color match is required:)) original equipment manufacturers (OEMs) to apply any coating with a VOC content in excess of the following limits to motorized vehicles, their parts and components, or equipment designed to be pulled by motorized vehicles:

VOC Content

(excluding water)

Type of Coating Grams/Liter (Lbs/Gal)
Pretreatment Wash Primer 780 (6.5)
Precoat 780 (6.5)
Primer/Primer Surfacer 720 (6.0)
Primer Sealer 720 (6.0)
Topcoat 720 (6.0)
Metallic/Iridescent Topcoat 720 (6.0)

(((b) It shall be unlawful for any person to cause or allow the application of any coating with a VOC content in excess of the following limits to Group II vehicles and mobile equipment where color match is not required:

((VOC Content

(excluding water)

Type of Coating Grams/Liter (Lbs/Gal)
Pretreatment Wash Primer 780 (6.5)
Precoat 780 (6.5)
Primer 340 (2.8)
Topcoat 420 (3.5)
Metallic/Iridescent Topcoat 650 (5.4)
Extreme Performance 750 (6.2)
Camouflage 420 (3.5)))

(((c))) (b) It shall be unlawful for any person to ((cause or allow the use of)) apply any specialty coating with a VOC content in excess of 840 grams/liter (7.0 lbs/gal), excluding water. Use of all specialty coatings except antiglare/safety coatings shall not exceed 5.0% of all coatings applied on a ((daily)) monthly basis. Specialty coatings are coatings that are necessary due to unusual job performance requirements and whose VOC content exceeds 630 grams/liter.

(((d) The maximum calculated VOC content of each coating regulated by this section shall be displayed on the container, or be provided in a handout at the point of sale to the end user, or be provided by other sources and be available for inspection in order to evaluate compliance.))

(c) The VOC content of each coating regulated by this section shall be available to Agency personnel upon request. Monthly records shall be maintained to demonstrate compliance with the standards specified in Section 3.04(a) and 3.04(b) of this regulation. The records shall include type of paint, quantity applied, and how the coating qualifies as specialty. The records shall be made available to Agency personnel upon request.

(((e))) (d) It shall be unlawful for any person to ((cause or allow the application of any VOC-containing material to any Group I or II vehicle or mobile equipment or their parts and components)) apply any VOC-containing material to any motorized vehicles, their parts and components, or equipment designed to be pulled by motorized vehicles unless the coating is applied by the use of one of the following methods:

(1) High volume, low pressure (0.1 to 10 psig air pressure for atomization) spray equipment,

(2) Electrostatic spray equipment,

(3) Flow coat,

(4) Dip coat,

(5) Brush coat,

(6) Hand-held aerosol cans,

(7) Roll coat, or

(8) Air brush.

(((f))) (e) It shall be unlawful for any person to use any VOC-containing material for the cleanup of spray equipment, including paint lines, unless equipment for collecting the VOC-containing material and minimizing the evaporation to the atmosphere is employed. All VOC-containing materials that are flushed through the spray equipment or lines during cleanup shall be collected in a closed container.

(((g))) (f) It shall be unlawful for any person to use open containers for the storage or disposal of VOC-containing materials. Such containers and tanks shall be kept closed except when being cleaned or when materials are being added, mixed, or removed. Closed containers for solvent rag or paper disposal are required. Empty containers as defined in WAC 173-303-160 are exempt.

AMENDATORY SECTION


REGULATION III SECTION 2.01 APPLICABILITY TO TOXIC AIR CONTAMINANT SOURCES

(a) Article 2 of this Regulation III shall apply to all sources of toxic air contaminants except that Section 2.05 shall not apply to the following:

(1) Asbestos Removal Operations subject to Article 4 of Regulation III

(2) Hard and Decorative Chromium Electroplating and Chromium Anodizing subject to ((Section 3.01 of Regulation III)) 40 CFR Part 63, Subpart N

(3) Solvent Metal Cleaners subject to Section 3.05 of Regulation III

(4) Perchloroethylene Dry Cleaners subject to Section 3.03 of Regulation III

(5) Gasoline Storage and Dispensing Operations subject to Article 2 of Regulation II

(6) Graphic Arts Systems subject to Section 3.05 of Regulation II

(7) Can and Paper Coating Operations subject to Section 3.03 of Regulation II

(8) Motor Vehicle and Mobile Equipment Coating Operations subject to Section 3.04 of Regulation II

(9) Polyester/Vinylester/Gelcoat/Resin Operations subject to Section 3.08 of Regulation II

(10) Coatings and Ink Manufacturing subject to Section 3.11 of Regulation II

(11) Ethylene Oxide Sterilizers and Aerators subject to Section 3.07 of Regulation III

(12) Shipyard Coating Operations where all the coatings employed comply with the requirements in Table 2 in Subpart II 40 CFR Part 63 of NESHAP Shipbuilding and Ship Repair (Surface Coating) Operations

(b) Any demonstration required by this Article shall be conducted in accordance with Section 2.07 of this Regulation.


REPEALER


REGULATION III SECTION 3.01 HARD AND DECORATIVE CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING

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