Original Notice.

Exempt from preproposal statement of inquiry under RCW 70.94.141(1).

Title of Rule: Amend: Regulation I, Sections 5.03, 6.03, and 9.16.

Purpose: To clarify reasonably available control technology (RACT) for spray-coating operations and to clearly define the exemptions that apply. Also to clarify the outdoor spray-coating requirements for a notice of construction approval.

Other Identifying Information: Section 5.03 - Registration Required; Section 6.03 - Notice of Construction; and Section 9.16 - Spray-Coating Operations.

Statutory Authority for Adoption: Chapter 70.94 RCW.

Statute Being Implemented: RCW 70.94.141.

Summary: Clarifies the spray-coating operations rule and defines the exemptions.

Reasons Supporting Proposal: The current rule requirements are not clear and exemptions are not adequately defined.

Name of Agency Personnel Responsible for Drafting: Larry Vaughn, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4035; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Neal Shulman, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4078.

Name of Proponent: Puget Sound Air Pollution Control Agency, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The state implementation plan will be updated to reflect these amendments.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The proposed rule will not change the spray-coating requirements, but will more clearly explain reasonably available control technology (RACT) for spray-coating operations. The proposed rule clarifies the outdoor spray-coating requirements for a notice of construction approval. Spray-coating operations that are not significant are defined and exempted.

Proposal Changes the Following Existing Rules: This proposal clarifies existing rules regarding spray-coating operations. It clarifies the outdoor spray-coating requirements for a notice of construction approval. Also the exemption of small-scale spray-coating operations is defined.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This agency is not subject to the small business economic impact provision of the Administrative Procedure Act.

RCW 34.05.328 does not apply to this rule adoption. Pursuant to RCW 70.94.141(1), RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Puget Sound Air Pollution Control Agency Offices, 110 Union Street, #500, Seattle, WA 98101, on June 10, 1999, at 9:00 a.m.

Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by June 3, 1999, TDD 1-800-833-6388, or 1-800-833-6385 (Braille).

Submit Written Comments to: Dennis McLerran, Puget Sound Air Pollution Control Agency Offices, 110 Union Street, #500, Seattle, WA 98101, fax (206) 343-7522, by June 1, 1999.

Date of Intended Adoption: June 10, 1999.

May 4, 1999

Larry C. Vaughn

Engineer I

REGULATION I SECTION 5.03 REGISTRATION REQUIRED

(a) The registration requirements of this article do not apply to:

(1) motor vehicles;

(2) nonroad engines or nonroad vehicles as defined in Section 216 of the federal Clean Air Act;

(3) sources that require an operating permit under Article 7; ((or))

(4) spray-coating operations exempt under Section 9.16(b) of this regulation; or

(((4))) (5) any source, including any listed in Section 5.03(b) below, that has been determined through review by the Control Officer not to warrant registration, due to the amount and nature of air contaminants produced or the potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property.

(b) It shall be unlawful for any person to cause or allow the operation of any source required to register under Section 5.03, unless it conforms to all the requirements of Article 5. Except as provided in Section 5.03(a), the owner or operator of each of the following stationary air contaminant sources shall register the source with the Agency by paying the annual fee required by Section 5.07 and submitting any reports required by Section 5.05.

(1) Any category of stationary sources to which a federal standard of performance (NSPS) under 40 CFR Part 60, other than Subpart S (Primary Aluminum Reduction Plants), BB (Kraft Pulp Mills), or AAA (New Residential Wood Heaters), applies;

(2) Any source category subject to the National Emission Standards for Hazardous Air Pollutants (NESHAP) under 40 CFR Part 61, other than Subpart M (asbestos on roadways, asbestos demolition or renovation activities, or asbestos spraying), or 40 CFR Part 63;

(3) Any source that emits any of the following pollutants at a rate of emission equal to or greater than any one of the following rates (tons/year):

carbon monoxide . . . . . . . . . . . .	25
nitrogen oxides . . . . . . . . . . . .	25
sulfur dioxide . . . . . . . . . . . .	25
particulate matter (PM10) . . . . . . . . . . . .	25
particulate matter (PM2.5) . . . . . . . . . . . .	25
volatile organic compounds (VOC) . . . . . . . . . . . .	25
facility-combined total of all toxic air contaminants (TAC) . . . . . . . . . . . .	6
any single toxic air contaminant (TAC) . . . . . . . . . . . .	2

(4) Any source that has equipment or control equipment, with an approved Notice of Construction under Article 6 of Regulation I;

(5) Any source that has been determined through review by the Control Officer to warrant registration, due to the amount and nature of air contaminants produced, or the potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property;

(6) Any source that has elected to opt out of the operating permit program by limiting its potential-to-emit (synthetic minor) or is required to report periodically to demonstrate nonapplicability to EPA requirements under Sections 111 or 112 of the federal Clean Air Act;

(7) Other sources, such as:

aerosol can-filling facilities;

agricultural chemical facilities engaging in the manufacturing of liquid or dry fertilizers or pesticides;

agricultural drying and dehydrating operations;

alumina processing;

ammonium sulfate manufacturing plants;

asphalt and asphalt products production facilities;

automobile or light-duty truck surface coating operations;

baker's yeast manufacturing;

brick and clay manufacturing plants, including tiles and ceramics;

cattle feedlots with operational facilities that have an inventory of 1,000 or more cattle in operation between June 1 and October 1, where vegetation forage growth is not sustained over the majority of the lot during the normal growing season;

chemical manufacturing plants;

coal preparation plants;

coffee roasting facilities;

composting operations, including commercial, industrial and municipal, but exempting agricultural and residential composting activities;

concrete product manufacturers and ready-mix and premix concrete plants;

crematoria or animal carcass incinerators;

dry cleaning plants;

ethylene dichloride, polyvinyl chloride, or vinyl chloride plants;

explosives production;

flexible polyurethane foam production;

flexible vinyl and urethane coating and printing operations;

gasoline stations, bulk gasoline plants, and gasoline loading terminals;

gelcoat, polyester, resin, or vinylester coating manufacturing operations at commercial or industrial facilities;

glass manufacturing plants;

grain, seed, animal feed, legume, and flour processing operations and handling facilities;

hazardous waste treatment and disposal facilities;

ink manufacturers;

insulation fiber manufacturers;

landfills, active and inactive, including covers, gas collection systems, or flares;

lead-acid battery manufacturing plants;

lime manufacturing plants;

metal casting facilities and foundries, ferrous and nonferrous;

metal plating and anodizing operations;

metallic and nonmetallic mineral processing plants, including rock crushing plants and sand and gravel operations;

metallurgical processing plants;

mills such as lumber, plywood, shake, shingle, woodchip, veneer operations, dry kilns, pulpwood insulating board, or any combination thereof;

mineral wool production;

mineralogical processing plants;

municipal waste combustors;

nitric acid plants;

paper manufacturers, except Kraft and sulfite pulp mills;

petroleum refineries;

pharmaceuticals production;

plastics and fiberglass product fabrication facilities;

pneumatic materials conveying operations and industrial house-keeping vacuuming systems that exhaust more than 1,000 acfm to the atmosphere;

portland cement plants;

primary copper smelters, lead smelters, magnesium refining and zinc smelters, but excluding primary aluminum plants;

rendering plants;

semiconductor manufacturing;

shipbuilding and ship repair (surface coating);

soil vapor extraction (active), thermal soil contaminant desorption, or groundwater air stripping remediation projects;

sulfuric acid plants;

surface-coating manufacturers;

surface spray-coating operations, including automotive, metal, cans, pressure-sensitive tape, labels, coils, wood, plastic, rubber, glass, paper, and other substrates;

synthetic fiber production facilities;

synthetic organic chemical manufacturing industries;

tire recapping facilities;

vegetable oil production;

wastewater treatment plants; or

wood treatment.

AMENDATORY SECTION

REGULATION I SECTION 6.03 NOTICE OF CONSTRUCTION

(a) It shall be unlawful for any person to cause or allow the construction, installation, establishment, or modification of an air contaminant source, except those sources that are excluded in Section 6.03(b), unless a "Notice of Construction and Application for Approval" has been filed with and approved by the Agency.

(b) Except when part of a new major source or major modification in a nonattainment area, or when constructing or reconstructing a major source of hazardous air pollutants, the following air contaminant sources do not need a "Notice of Construction and Application for Approval" approved by the Agency prior to construction, installation, establishment, or modification:

(1) Ventilating systems, including fume hoods, not designed to prevent or reduce air contaminant emissions.

(2) Fuel burning equipment that has a maximum input rate of:

(A) less than 0.5 million Btu per hour (0.15 million joules per second) burning waste-derived fuel; or

(B) less than 10 million Btu per hour (3 million joules per second) burning natural gas, propane, or butane; or

(C) less than 1 million Btu per hour (0.3 million joules per second) burning any other fuel.

(3) Insecticide, pesticide, or fertilizer spray equipment.

(4) Internal combustion engines less than the size thresholds of the proposed United States Environmental Protection Agency (EPA) New Source Performance Standards (NSPS) 40 CFR Part 60 Subpart FF (Stationary Internal Combustion Engines, 44 FR 43152 7/23/79) or the promulgated EPA NSPS 40 CFR Part 60 Subpart GG (Stationary Gas Turbines).

(5) Laboratory equipment used exclusively for chemical or physical analyses.

(6) Laundry dryers without control equipment.

(7) Dryers or ovens used solely to accelerate evaporation.

(8) Routing, turning, carving, cutting, and drilling equipment used for metal, wood, plastics, rubber, leather, or ceramics which does not release air contaminants to the ambient air.

(9) Storage tanks:

(A) that do not store substances capable of emitting air contaminants; or

(B) with a rated capacity of 1,000 gallons (3,780 liters) or less used for storage of gasoline; or

(C) with a rated capacity of less than 10,000 gallons (38,000 liters) used for storage of volatile organic compounds; or

(D) with a rated capacity of less than 40,000 gallons (150,000 liters) used for storage of volatile organic compounds with a true vapor pressure less than 0.01 kPa (0.002 psia).

(10) Sanitary or storm drainage systems.

(11) Welding, brazing, or soldering equipment.

(12) Asphalt roofing and laying equipment (not including manufacturing or storage).

(13) Restaurants and other retail food-preparing establishments.

(14) Cold solvent cleaners using a solvent with a true vapor pressure less than or equal to 4.2 kPa (0.6 psia).

(15) Retail printing operations (not including web presses).

(((16) Spray painting or blasting equipment used at a temporary location to clean or paint bridges, water towers, buildings, or similar structures.))

(16) Spray-coating operations exempt under Section 9.16 (b)(1), (3), (4), (5), and (6) of this regulation.

(17) Any source that has been determined through review by the Control Officer not to warrant a "Notice of Construction and Application for Approval", due to the minimal amount and nature of air contaminants produced and potential to contribute to air pollution, with special reference to effects on health, economic and social factors, and physical effects on property. The owner or operator shall submit to the Control Officer, the information necessary to make this determination. The Control Officer shall notify the owner or operator in writing whether a "Notice of Construction and Application for Approval" is required for the source.

(c) Each Notice of Construction and Application for Approval shall be submitted on forms provided by the Agency and shall be accompanied by a set of plans that fully describes the proposed source, the means for prevention or control of the emissions of air contaminants, the appropriate fee as required by Section 6.04, and any additional information required by the Board or Control Officer to demonstrate that the proposed source will meet the requirements of Section 6.07.

(d) Within 30 days of receipt of a Notice of Construction and Application for Approval, the Agency shall notify the applicant in writing if any additional information is necessary to complete the application.

AMENDATORY SECTION

REGULATION I SECTION 9.16 SPRAY-COATING OPERATIONS

(((a) It shall be unlawful for any person to cause or allow the use of spray equipment to apply any VOC-containing material, including any negligibly reactive compound, unless the operation is conducted inside an enclosed spray area that is registered with the Agency and incorporates either dry filters or water wash curtains to control the overspray or the use of another technique that has received the prior written approval of the Control Officer. The exhaust from the spray area shall be vented to the atmosphere through a vertical stack or through the use of another technique that has received the prior written approval of the Control Officer.

(b) The provisions of Section 9.16 shall not apply to:

(1) the use of hand-held aerosol cans,

(2) touch-up operations,

(3) the coating of marine vessels in dry docks,

(4) the coating of bridges, water towers, buildings or similar structures,

(5) insecticide, pesticide, or fertilizer spray equipment,

(6) the coating of items that cannot be reasonably handled in an enclosed spray area, provided the operation has received the prior written approval of the Control Officer.

(c) The provisions of Section 9.16 shall become effective January 1, 1992.))

(a) Applicability. This section applies to spray-coating operations at facilities subject to Article 5 (Registration), Article 6 (New Source Review), or Article 7 (Operating Permits) of this regulation, where a coating that protects or beautifies a surface is applied with spray-coating equipment.

(b) Exemptions. The following activities are exempt from the provisions of Sections 9.16 (c) and (d) of this regulation. Persons claiming any of the following spray-coating exemptions shall have the burden of demonstrating compliance with the claimed exemption.

(1) Application of architectural or maintenance coatings to stationary structures (e.g., bridges, water towers, buildings, stationary machinery, or similar structures);

(2) Aerospace coating operations subject to 40 CFR Part 63, Subpart GG. This includes all activities and materials listed in 40 CFR 63.741(f);

(3) Use of high-volume, low-pressure (HVLP) spray guns when:

(A) spray-coating operations do not involve motor vehicles or motor vehicle components;

(B) the gun cup capacity is 8 fluid ounces or less;

(C) the spray gun is used to spray-coat less than 9 square feet per day per facility;

(D) coatings are purchased in containers of 1 quart or less; and

(E) spray-coating is allowed by fire department, fire marshal, or other government agency requirements.

(4) Use of air-brush spray equipment with 0.5 to 2.0 CFM airflow and a maximum cup capacity of 2 fluid ounces;

(5) Use of hand-held aerosol spray cans with a capacity of 1 quart or less; or

(6) Indoor application of automotive undercoating materials using organic solvents having a flash point in excess of 100°F.

(c) General Requirements for Indoor Spray-Coating Operations. It shall be unlawful for any person subject to the provisions of this section to cause or allow spray-coating inside a structure, or spray-coating of any motor vehicles or motor vehicle components, unless the spray-coating is conducted inside an enclosed spray area. The enclosed spray area shall employ either properly seated paint arresters, or water-wash curtains with a continuous water curtain to control the overspray. All emissions from the spray-coating operation shall be vented to the atmosphere through an unobstructed vertical exhaust vent.

(d) General Requirements for Outdoor Spray-Coating Operations. After January 1, 2000, it shall be unlawful for any person subject to the provisions of this section to cause or allow spray-coating outside an enclosed structure unless such spray-coating operations are approved in a notice of construction permit issued in accordance with Article 6 of this regulation. The following minimum requirements for outdoor spray-coating operations will be included in all such notice of construction permits:

(1) Reasonable methods to confine overspray to the property where the spray-coating is being conducted shall be used (e.g., tarps, shrink wrap, mobile enclosure, or similar methods for control of overspray); and

(2) High-transfer efficiency spray equipment that minimizes overspray shall be used (e.g., HVLP, low-volume, low-pressure (LVLP), electrostatic, or air-assisted airless). Airless spray equipment may be used where low viscosity and high solid coatings precludes the use of higher-transfer efficiency spray equipment.

(e) Compliance with Other Regulations. Compliance with this regulation does not exempt any person from compliance with Regulation I, Sections 9.11 and 9.15 and all other applicable regulations including those of other agencies.

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