WSR 98-07-029

PROPOSED RULES

SPOKANE COUNTY AIR

POLLUTION CONTROL AUTHORITY

[Filed March 11, 1998, 10:09 a.m.]

Original Notice.

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

Title of Rule: Spokane County Air Pollution Control Authority (SCAPCA) Regulation I, Section 6.13 - General Surface Coating

Purpose: To amend the existing regulation to address issues that made enforcement of the regulation difficult and to make the regulation more understandable

Statutory Authority for Adoption: RCW 70.94.141 and 70.94.380

Statute Being Implemented: Chapter 70.94 RCW and 42 U.S.C. 7401 et seq

Summary: The amendments to this rule will make enforcement more achievable and they are still consistent with the original intent which is to reduce particulate emissions from coating overspray; reduce public exposure to toxic air pollutants as listed in chapter 173-460 WAC. An in-depth history of reasons for the proposed revisions is shown below.

Proposed Changes to SCAPCA's Surface Coating Regulation and Impact to Industry: Changes to SCAPCA's Surface Coating Regulation (SCR) are proposed to make it easier to understand and to remedy enforcement issues that have surfaced since the rule's inception. The following information is provided to familiarize the regulated community and public with the proposed changes. A copy of the regulation can be obtained from SCAPCA upon request.

Proposed Regulation Changes:

regulation restructuring

Reason for Change: SCAPCA's compliance staff and the regulated community find it hard to locate information related to the source's operation in the original rule.

Solution: The regulation is restructured to make it easier to locate relevant information, and easier to read and understand.

definitions changes

Reason for Change: Certain surface coating operations are unique. They require unique or conventional application methods to be successful in realizing the primary intent of the SCR, which is reduction of VOC emissions. The definitions for these applications were not included in the original SCR.

Solution: Definitions for the following terms are proposed to be added to the regulation: Airless Spray, Air-Assisted Airless Spray, Automated, and Standard engineering practices.

Reason for Change: Some definitions included in the original SCR were unclear as to their meaning.

Solution: The definitions for the following terms are altered to clarify the intent of the definitions:

High Volume Low Pressure - it is important to specify where the pressure is measured.

Multi-Coat System - the resultant calculation of VOC_TM is an average and the clear coat application is for two coats applied,

Topcoat - combinations of base coat and clear coat are to be considered topcoats,

Volatile Organic Compound - the definition needed to include the notion of the effect on atmospheric photochemical reactions and the compounds that have been excluded from the list by the EPA, and

Wash Solvent - water is a solvent; however, it should not be included here because it is not toxic.

Reason for Change: The definition for Touchup is no longer needed because the term is no longer used in the SCR.

Solution: The definition for Touchup is deleted.

prohibitions on emissions

Reason for Change: Requirements mandated under chapter 173-460 WAC apply to new sources (Toxic Best Available Control Technology), not existing sources (Reasonably Available Control Technology (RACT)); therefore, the following section was not appropriate to be included in a RACT rule.

Solution: Deleted - "Sufficient quantities of VOC or exempt solvents to cause facility-wide light duty vehicle refinishing emissions to exceed the small quantity emission rates as defined in WAC 173-460-080 (2)(e)."

Reason for Change: VOC content for certain paint classifications is regulated under the EPA's National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings (NVOCESARC). Some of the VOC content limits in the original SCR are inconsistent with the current limits established in the NVOCESARC.

Solution: The VOC limits that were less stringent than the NVOCESARC limits are adjusted to be consistent with the NVOCESARC limits. The following limits are changed:

requirements

Enclosure and Controls

Reason for Change: The original SCR did not set standards for the particulate control system. All kinds of filter materials and ventilation systems, many which were inadequate to meet the intent of the SCR were being used. Some surface coating facilities were using furnace filters placed over fans that exhausted horizontally at face height outside the building. In some cases, emissions left the surface coating facility and entered adjacent businesses. In addition, many surface coating facility stacks were equipped with china hat stack caps that deflected emissions back to the ground. The most desirable method of emission dispersion is vertical exhausting at an elevated height considerably above head height.

Solution: The following is added to this section:

The particulate control system, including filtration, ducting, and fan shall be installed and sized using standard engineering practices.

Acceptable filtration methods may include:

Filter banks supplied with filter media designed for spray booth applications.

Water baths where the inlet air flow to the water bath is submerged.

Water wall systems that form a continuous water curtain through which the particulate flow stream must pass.

Other filtration methods that have received the prior written approval of the Control Officer.

Added - "Emissions from the booth/area shall be vented to the atmosphere through a vertical stack. The top of the exhaust stack/vent shall be at least 6 feet above the penetration point of the roof, or if the exhaust stack/vent exits horizontally out the side of the building, then the exhaust stack/vent shall vent vertically at least 6 feet above the eave of the roof. A higher stack/vent may be required if the authority determines that it is necessary for compliance with Section 6.04 or 6.06 of this regulation. There shall be no flow obstructions (elbows, tees, or stack caps) inside of or at the top of the stack that will impede upward vertical flow of the exhausted air."

Added - "It shall be the owner/operator's responsibility to comply with other applicable federal, state, and local regulations for the stack/vent."

Reason for Change: Staff determined at some sites, the original SCR would require unreasonably high exhaust stacks because of the closeness of taller buildings. Exhaust stacks were required to be 1.2 times the height of the tallest building within 200 feet of the stack. This would increase the cost associated with stack installation and may or may not affect emission impacts at the property line. A Decision was made that the engineering staff could best handle these stack issues on a case by case basis. Case by case analysis of emission impacts would adequately address issues associated with building down drafts. In some cases, higher stacks may be required, but the stack height required could be based on emission impacts listed in chapter 173-460 WAC.

Solution: Deleted - "and vented to the atmosphere through a vertical stack which is at least 1.2 times the height (as measured from ground level) of the tallest building within 200 feet of the stack and which does not impede the upward vertical flow of the exhausted air. Visible emissions from the stack shall not exceed 10% opacity for an aggregate of more than three (3) minutes in any one hour period, as determined by EPA Method 9."

application method requirements

Reason for Change: Compliance and Technical Staff determined that the original SCR could be too restrictive by limiting the application method to HVLP and LVLP application methods. Spray technology is constantly evolving. The intent of the SCR was to allow application methods that were equivalent to HVLP and LVLP application methods. If the industry, develops an airless or air-assisted airless or any other type of application that has an equivalent transfer efficiency to HVLP or LVLP, then that application method should be equally acceptable. The lowest transfer efficiency for HVLP and LVLP application methods is 65%: therefore, other application methods capable of meeting 65% transfer efficiency when tested using ASTM standards should be acceptable.

Solution: Added - A spraying technique that when tested, using the methodology presented in ASTM Standard D 5327-92, or when test documentation, provided to and approved by the authority, exhibits a transfer efficiency of at least 65%.

Reason for Change: Compliance and Technical Staff determined with the help of industry that certain situations did not fit the "one size fits all" approach. Under certain circumstances, the HVLP or LVLP application method was not well suited to a surface coating operation. For example, in some circumstances, the paint required excessive thinning in order for it to pass through an HVLP gun. In fact, after thinning the paint, the VOC emissions were greater than what they would have been if an airless or air-assisted airless gun had been used. Numerous exemptions to the SCR were written to allow the use of airless or air-assisted airless gun.

Also, in automated Airless and Air-Assisted Airless spray system painting the transfer efficiency was less subject to human variation and provided transfer efficiencies equivalent to HVLP.

Companies that coat large structural members do so with high pressure paint delivery systems that do not require the paint to be thinned in order for it to transport through the paint delivery lines. Unthinned paint can be used, thus lowering VOC emissions.

In some situations, it is not technologically, or economically feasible to use a surface coating technique with a transfer efficiency of 65%. Therefore, the Control Officer was given more flexibility in granting exemptions for the use of application methods with transfer efficiencies less than 65%.

Solution: Added - "Such alternate methods may be used, provided that the owner or operator makes a written request to use an alternate method and the Control Officer grants approval. These methods include but are not limited to the following application methods and circumstances:

Airless and Air-Assisted Airless Spray systems may be used under any of the following circumstances:

When the volatile organic compound (VOC) emissions are determined by the Control Officer to be no more than VOC emissions that would be generated by a spray application with a transfer efficiency of 65%;

When the spraying operation is automated;

When spray painting structural steel members where the coating, as formulated by the coating manufacturer, does not require addition of reducers to spray, and is delivered under high pressure (> 1,000 psig for airless, or > 300 psig for air-assisted airless) to the application system; or

Where the Control Officer has determined that the coating cannot be feasibly applied with a method that has a minimum transfer efficiency of 65%.

general clean-up

Reason for Change: Compliance staff found during inspections that partially used containers of coatings, wipe down agents, wash solvents, and reducers were being left open at some sites. Also, some companies were trying to decrease solid waste handling by allowing solvents to evaporate to the air, resulting in increased VOC emissions.

Solution: Added - "unused or partially used" containers to be closed when not in use.

Reason for Change: Cleaning rags were being left out at some businesses so that solvents in the rags evaporated to the air.

The fire departments were contacted to determine what kind of containers they required for disposable materials. They require closed metal containers.

Solution: Added - "clean up materials and collected" waste shall be stored in closed "metal" containers.

Added - "All disposable materials which contain VOCs associated with wipe-down or application of coatings and other agents shall be stored in closed "metal" containers for disposal."

recordkeeping requirements

Reason for Change: The light duty vehicle refinishing industry uses thousands of different color coatings. Requiring the industry to keep a record of every coating they use would be oppressive. Therefore, SCAPCA changed this section so that the industry could combine all of their primers, top coats, clear coats and gun cleaners into one number per each of the above categories of coating materials, thus simplifying industry reporting requirements.

Solution: Added - Light duty vehicle refinishing. Annual purchases and usage of total primers, total top coats, total clear coats, and total gun cleaner.

Reason for Change: A clarification of the term "as applied" was needed, because the term "as applied" was not included in the original SCR definition section. There was confusion in the regulated community as to how to report usage. Reporting "as applied" includes additional emissions resulting from the addition of thinners, catalyst, and other additives.

Solution: Added - Usage shall be reported "as applied," i.e. after reducing and catalyzing, if applicable."

Reason for Change: In general, the variety of coatings and related materials used at facilities that do not paint light duty vehicles is much less than facilities that paint light duty vehicles. Typically, coating and related coating materials, such as reducers, catalyst, etc. number less than 30 different compounds. Recordkeeping of these minor amount of compounds is manageable and should not require an inordinate amount of time.

Solution: Added - "Other surface coating facilities. Annual purchases and usage of individual coatings, coating additives, wipe-down agents, wash solvents, reducers, and other materials containing volatile organic compounds or volatile toxic air pollutants."

Reason for Change: This section was deleted because, keeping track of reducer usage for every coating used (thousands) is time consuming and is not very useful. Since total primers, total top coats, total clear coats, and total gun cleaner annual usage is tracked, information related to VOC emissions can be easily obtained without this section. VOC content in paints is regulated under the EPA's National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings (NVOCESARC). The VOC limits changed in Section 6.13.D.2 are those limits set in the NVOCESARC.

Solution: Deleted - "Records of the volume of reducers added to light duty vehicle refinishing coatings, with sufficient detail to determine whether the coatings, as applied, comply with Section 6.13.D."

exceptions

Coating process exemptions.

Reason for Change: SCAPCA staff and industry both were uncertain which types of facilities were subject to the regulation and which were not. (e.g.: Are fiberglass facilities subject to the regulation?)

Architectural coatings were included in the original SCR.

The original intent of the SCR was not to include fiberglass and gel coat operations. The materials used in these operations are of an entirely different nature than paints. The materials are generally thicker, and are catalyzed. Historically, Air Pollution Control Authorities have written separate regulations for fiberglass and gel coat operations.

The materials used in asphaltic coatings or plastic spray on bed liners are extremely thick, requiring an airless gun with high pressure material delivery systems to apply. These guns do not atomize the spray, instead the process is more akin to watering a garden with no misting. In order for the materials to be sprayed by an HVLP gun, they must be thinned dramatically. VOC and toxic emissions would increase as a result of the thinning. The processes are significantly different enough from typical surface coating operations to warrant their own regulation if needed. Presently only three operations have been identified in Spokane County. Two of them are controlled by SCAPCA through the New Source Review process which requires best available control technology (BACT) which is at least as stringent and in most cases, more stringent than reasonably available control technology (RACT). The SCR is a RACT rule. The other facility does not use solvents that have VOCs or toxics and is not considered to be an air pollution source by SCAPCA.

Spray plasma plating operations use processes that apply a metal matrix over another different type of metal by heating the covering metal to a point where it becomes a plasma and spraying it on the base metal. Usually this process is used to enhance or alter the characteristics of the base material. (e.g. corrosion resistance, increased strength, abrasion resistance, etc.) There are no VOCs generated in these processes; however, some insignificant amounts of toxic particulate could be generated. The process is sufficiently different from normal surface coating operations to not be included in the SCR. Conditions placed on such a source would be substantially different from normal surface coating operations.

Solution: The following coating processes have been added to the surface coating regulation exemption list:

The application of architectural coatings to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

Fiberglass resin application operations.

Gel coating operations.

The application of asphaltic or plastic liners. This includes undercoating, sound deadening coating, and spray on bed lining for trucks.

Spray plasma plating operations.

Touchup Exemption

Reason for Change: Compliance staff discovered a number of facilities that were misusing this exemption. Whole or major portions of cars were being painted by auto body under this exemption, which was not the intent of the exemption. Also, many collision repair shops frequently paint an area no larger than 9 ft². This exemption was not meant to exempt them from enclosure and control and application method requirements. It appeared that the touchup exemption could be sufficiently handled by the low usage exemption.

Solution: The touchup exemption is eliminated because the low usage exemption adequately addresses this situation.

Large Object Exemption

Reason for Change: The original rule would have allowed a facility to regularly paint large objects outside without control, which was not the intent of the rule. For example, a hypothetical facility might have a small paint booth to paint small parts. The facility could receive a contract to paint parts too large to fit in the existing paint booth. This contract could become a significant source of income to the facility and in fact more painting could be done outside of the paint booth than inside. The intent of the rule was to allow the rare painting of parts outside of the paint booth. If the facility decides that painting the large parts is to be a significant portion of their business, then a paint booth must be built or purchased to house the operation. In order to further define the intent of the rule, the term infrequent was added.

The term infrequent is defined later in the section.

Solution: Added the term "infrequent" to "infrequent outdoor surface coating."

Reason for Change: In order to determine whether a facility is infrequently painting outdoors, SCAPCA needs to know the frequency of outdoor painting; therefore, a section was included to allow SCAPCA to track facility outdoor painting by requiring a request for exemption to be made in writing to the Control Officer.

Solution: Added - "The request for this exemption must be made in writing to the Control Officer and the approval must be in writing. Infrequent means outdoor spray surface coating that amounts to 10% or less of the total annual gallons of paint applied at the facility in the previous 12 months. Annual records must be kept of the number of gallons of paint that are sprayed outdoors.

wash solvent exemption

Reason for Change: Wash solvents can contain numerous toxic compounds that need to be controlled at the same level as coatings.

Solution: The wash solvent exemption limit changes from 120 gallons per year to 10 gallons per year.

non-spray and ((a)) aerosol can application exemption

Reason for Change: Operations such as flow, dip, brush, and roll coating have no particulate emissions; therefore, particulate filtration and enclosure requirements for these operations are not needed.

Solution: Added - "flow coat, dip coat, brush coat, or roll coat applications" to list.

Reason for Change: Section 6.13.D.2 was eliminated from the regulation; therefore, since Section 6.13.D now covers only Lead or Hexavalent Chromium, then it is logical to rename the section.

Solution: Toxic air pollutant exemption changed to Lead or Hexavalent Chromium exemption.

enclosure and/or particulate control exemption (new)

Reason for Addition: Some surface coating is performed inside of very large buildings. In these buildings, particulate settles out before it reaches doors, windows, or any other possible exit point including HVAC ventilation exhausts. Airflow requirements, based on the Uniform Fire Code (UFC) and American Conference of Governmental Industrial Hygienists (ACGIH) recommendations, would be prohibitive and requirements for filtration would be impossible, since particulate would never reach the filters. In order to give the Control Officer more flexibility in unusual situations, this exemption was added to the rule.

Solution: The enclosure and/or particulate control requirements shall not apply to a surface coating operation where the Control Officer determines that such requirements would be ineffective, inadequate, or unreasonable in capturing or controlling particulate or volatile organic compounds emissions from the facility.

inside exhaust exemption (new)

Reason for Addition: In some operations, the internal building levels of VOCs and toxics do not exceed the Department of Labor and Industries' (L&I) thresholds and an exhaust system is not required. Generally L&I standards are more stringent than outside air quality standards. In operations where L&I and the fire department do not require an exhaust system, then SCAPCA can be reasonably certain that fugitive emissions will be insignificant. This exemption gives the Control Officer the ability to exempt these facilities from the enclosure and control requirements of Section 6.13.E.1. It is important to note that the facility may not be exempt from the other requirements of the SCR.

Solution: Added: "If the Department of Labor and Industries determines that the emissions from a surface coating operation to an inside work area are below the threshold where an exhaust system is required and the applicable Fire Department has no objection, then the Control Officer may grant an exemption to Subsection 6.13.E.1 (Enclosure and Controls)."

compliance schedule

Reason for Deletion: The compliance schedule given in the original SCR was complicated. The changes made to this section simplify the compliance schedule.

Solution: Deleted - "on the date of adoption shall comply with the following schedule:

No later than 6 months prior to the effective date, apply for a Notice of Construction and Order of Approval, pursuant to Article V of this Regulation, to install the required equipment; and

No later than 30 days after the date of the Order of Approval, order the required equipment; and

No later than 1 month prior to the effective date, commence installation of the required equipment; and

No later than the effective date, be in full compliance with Section 6.13.G.

Added - "shall be in full compliance with Section 6.13 by (Insert compliance date), unless an extension is applied for by the owner or operator and is granted in writing by the Authority."

Summary of Surface Coating Regulation Impacts on Industry:

The Surface Coating Regulation is more understandable.

It is better organized.

It is more flexible.

More spraying techniques are available under prescribed circumstances.

Stack requirements are less stringent.

Required stack height is 6 feet above penetration of roof or eave if stack exits building horizontally through outside wall.

Stack could be higher if a nuisance or public health risk exists.

Reasons Supporting Proposal: Issues arising from the lack of cohesive structure of the initial rule posed difficulties in rule interpretation for enforcement staff and confused the regulated industry. In addition, some portions of the rule were counterproductive to the overall intent of the rule, which is to decrease toxic air pollutant emissions

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Spokane County Air Pollution Control Authority, 1101 West College, #403, Spokane, WA 99201, (509) 456-4727

Name of Proponent: Spokane County Air Pollution Control Authority, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Certain sections of the original regulation were unclear in their intent. In addition, enforcement staff were having some difficulty in enforcing the original regulation. The historical document shown below addresses these difficulties

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

Explanation of Rule, its Purpose, and Anticipated Effects: (1) Reduce particulate emissions from coating overspray; (2) reduce public exposure to toxic air pollutants as listed in chapter 173-460 WAC; (3) reduce emissions of precursors to the formation of tropospheric ozone and other photochemical oxidants; and (4) encourage pollution prevention

Proposal Changes the Following Existing Rules: The Surface Coating Regulation is more understandable and better organized; the Surface Coating Regulation is more flexible; definitions for Airless Spray, Air-Assisted Airless Spray, Automated, and Standard Engineering Practices were added; definitions for High Volume Low Pressure, Multi-Coat System, Topcoat, Volatile Organic Compound, and Wash Solvent were clarified and the definition for Touchup is deleted; types of acceptable filtration is defined, stack requirements are better defined; applications techniques are further defined. Techniques with less than 65% transfer efficiency are approved under prescribed conditions; General Clean-up and Recordkeeping requirements are further defined; exception list is expanded, touchup exemption is eliminated, large object exemption is further defined, Wash solvent exemption decreased to ten gallons per year, Nonspray application exemption list expanded; expanded Control Officer's ability to approve exemptions where the requirements would be ineffective, inadequate, or unreasonable; inside exhaust is acceptable if, the Department of Labor and Industries and the fire department have no objection; and compliance schedule extended

No small business economic impact statement has been prepared under chapter 19.85 RCW. This is a local agency rule and RCW 34.05.328 has not been made voluntarily applicable to this rule.

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 amendment.

Hearing Location: Spokane County Public Works Building, 1206 West Broadway, Hearing Room Lower Level, Spokane, WA 99201, on May 7, 1998 at 9:00 a.m

Submit Written Comments to: Charles E. Studer, Spokane County Air Pollution Control Authority, 1101 West College, Suite #403, Spokane, WA 99201, FAX (509) 459-6828, by May 4, 1998

Date of Intended Adoption: May 7, 1998

March 9, 1998

Charles E. Studer

Environmental Engineer

AMENDATORY SECTION

REGULATION I SECTION 6.13 GENERAL SURFACE COATING

SECTION 6.13 GENERAL SURFACE COATING

adopted: November 3, 1994

effective: June 7, 1998 ((December 18, 1994 (Sections 6.13.A., B., C., G.3, G.4, G.5, H., I., and J.)

effective: November 3, 1995 (Sections 6.13.D., E., F., G.1, and G.2)))

revised: May 7, 1998

A. Purpose. This Section establishes controls on surface coating operations in Spokane County in order to:

1. Reduce particulate emissions from coating overspray;

2. Reduce public exposure to Toxic Air Pollutants as listed in Chapter 173-460 WAC;

3. Reduce emissions of precursors to the formation of tropospheric ozone and other photochemical oxidants; and

4. Encourage pollution prevention.

B. Applicability. This Section applies to all surface preparation, surface coating, cleanup, and disposal associated with general surface coating in Spokane County, unless specifically exempted. (( Sections 6.13.A., B., C., G.3, G.4, G.5, H., I., and J. become effective 45 days after the date of adoption. Sections 6.13.D., E., F., G.1, and G.2 become effective 12 months after the date of adoption.))

C. Definitions. Unless a different meaning is clearly required by context, words and phrases used in this Section shall have the following meaning:

1. Airless Spray means a spraying system that uses hydraulic atomization instead of air atomization. The coating is supplied to the gun under high fluid pressure between 1000 and 3000 psig and the coating is forced through a small orifice.

2. Air-Assisted Airless Spray means a spraying system that combines air and airless features. An airless type fluid tip atomizes the paint and shapes the fan pattern at fluid pressures between 300 and 1000 psig. Lower pressure air from 10 to 30 psig combines at the spray cap to adjust the fan shape to eliminate heavy edges (tails).

3. Automated means the technique, method, or system of operating or controlling a process by mechanical, electrical, hydraulic, or electronic means independent of human intervention.

4. ((1.)) Brush Coat Application means manual application of coatings by use of a paint brush.

5. ((2.)) Coating means a material or formulation of materials that is applied to or impregnated into a surface in order to beautify, protect, enhance the function, or otherwise cover the surface.

6. ((3.)) Dip Coat Application means application of coatings in which the surface to be coated is immersed in a solution (or dispersion) containing the coating material and withdrawn

7. ((4.)) Electrostatic Application means application of coatings where an electrostatic potential is created between the part to be coated and the paint particles.

8. ((5.)) Exempt Solvent means a solvent, or solvent component, which is not a volatile organic compound (VOC).

9. ((6.)) Flow Coat Application means application of coatings by flowing the coating over the surface to be coated and draining the excess coating to a collection system.

10. ((7.)) High Volume, Low Pressure (HVLP) or Low Volume, Low Pressure (LVLP) coating system means equipment used to apply coatings by means of a spray gun which operates between 0.1 and 10.0 pounds per square inch gauge air pressure measured at the nozzle.

11. ((8.)) Light Duty Vehicle means a passenger car, truck, van, or other motor vehicle which has a gross vehicle weight of 8500 pounds or less, or components thereof.

12. ((9.)) 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 to the surface, where such particles are visible in dried film.

13. ((10.)) Multi-Coat System means a coating system where more than one product or coat is sequentially applied to the same surface and generally consists of a pigmented base coat, one or more semi-transparent mid-coats, and a transparent clear coat. The VOC content for a multi-coat system shall be calculated as follows:

where: VOC_TM is the average sum of the VOC content, as applied to the surface, in a multi-coat system; and

VOC_BC is the VOC content, as applied to the surface, of the base coat; and

VOC_X is the VOC content, as applied to the surface, of each sequentially applied mid-coat; and

VOC_CC is the VOC content, as applied to the surface, of the clear coat (Two coats are applied); and

n is the total number of coats applied to the primer coat(s) surface.

14. ((11.)) Precoat means any coating that is applied to bare metal, primarily to deactivate the metal surface for corrosion resistance to a subsequently applied water-based primer.

15. ((12.)) Pre-packaged Aerosol Can Application means application of coatings from cans which are sold by the coating supplier as nonreusable, hand-held pressurized containers. The coating is expelled as a finely divided spray when a valve on the container is depressed.

16. ((13.)) Pretreatment Wash Primer means any coating which contains a minimum of 0.5% acid by weight that is applied directly to bare metal to etch the metal surface to enhance corrosion resistance and adhesion of subsequently applied coatings.

17. ((14.)) Primer means any coating that is applied to a surface to enhance corrosion resistance, protection from the environment, functional fluid resistance, and adhesion of subsequently applied coatings.

18. ((15.)) Primer Sealer means any coating that is applied prior to the application of a topcoat to enhance corrosion resistance, adhesion of the topcoat, color uniformity, and the ability of an undercoat to resist penetration by the topcoat.

19. ((16.)) Primer Surfacer means any coating that is applied prior to the application of a topcoat to enhance corrosion resistance, adhesion of the topcoat, and a uniform surface by filling in surface imperfections.

20. ((17.)) Reducer means any solvent added to a coating which has the effect of reducing the viscosity of the coating or shortening the drying time.

21. ((18.)) Refinishing means reapplying coating to a surface to repair, restore, or alter the finish.

22. ((19.)) Roll Coat Application means manual application of coatings by the use of a paint roller.

23. ((20.)) Solvent Consumption means the volume of solvent purchased or otherwise procured, less the volume recycled or disposed. In the absence of records which document the transfer of solvent to an authorized recycler or waste hauler, solvent consumption means the volume of solvent purchased or otherwise procured.

24. ((21.)) Specialty Coating means any coating that is necessary due to unusual job performance requirements, including but not limited to uniform finish blenders, elastomeric materials for coating of flexible plastic parts, coatings for non-metallic parts, ((jambing clear coatings)) gloss flatteners, and anti-glare/safety coatings.

25. Standard engineering practices means that accepted, peer reviewed sets of criteria are used in designing equipment (i.e. Uniform Building, Electrical, and Fire Codes, recommendations of the American Conference of Governmental Industrial Hygienists, guidelines of the Department of Labor and Industry, etc.).

26. ((22.)) Surface Coating means the application of coating to a surface.

27. ((23.)) Topcoat means any coating that is applied over a primer or directly to a surface, primarily to enhance appearance. For the purposes of this rule, either a base coat/clear coat shall be considered jointly and individually as a topcoat.

((24. Touchup means that portion of the coating operation, involving nine square feet (9 ft²) or less or 10% or less, which ever is smaller, of total surface, which is incidental to the main coating process but necessary to cover minor imperfections.))

28. ((25.)) Volatile Organic Compound (VOC) ((has the same meaning as the definition in 40 CFR 51.100(s))) means any compound of carbon which participates in atmospheric photochemical reactions as defined in 40 CFR part 51, § 51.100(s), other than those organic compounds that the Administrator has excluded in 40 CFR part 51, § 51.100 from this definition.

29. ((26.)) VOC Content means pounds of VOC per gallon of coating (Lb/Gal) or grams of VOC per liter of coating (G/L), minus water and exempt solvents. The VOC content is calculated as follows:

where: VOC_CT is the VOC content of the coating, as applied to the surface; and

W_V is the weight of VOC per unit volume of coating, as applied to the surface; and

V_M is the unit volume of coating, as applied to the surface; and

V_W is the volume of water per unit volume of coating, as applied to the surface; and

V_ES is the volume of exempt solvents per unit volume of coating, as applied to the surface.

30. ((27.)) Wash Solvent means any solution, solvent, suspension, compound, or other material, excluding water, that is used to clean spray equipment, spray equipment lines, containers, and any other equipment associated with the application of coatings.

31. ((28.)) Wipe-Down Agent means any solution, solvent, suspension, compound, or other material that is applied to a surface exclusively for cleaning the surface or preparing the surface for coating.

D. Light duty vehicle refinishing - prohibitions on VOC content. Except as provided in Section 6.13.I., no person shall cause or allow the application of any coating or other agent to any light duty vehicle or light duty vehicle component, with a VOC content in excess of the following limits:

D. ((E.)) Prohibitions on emissions ((of certain toxic air pollutants. No person shall cause or allow the application of any coating which contains:))

1. No person shall cause or allow the application of any coating which contains ((G))greater than 0.1% by weight of one or more compounds of lead or hexavalent chromium.((; or))

((2. Sufficient quantities of VOC or exempt solvents to cause facility-wide light duty vehicle refinishing emissions to exceed the small quantity emission rates as defined in Chapter 173-460-080 (2)(e) WAC.))

2. Light duty vehicle refinishing - prohibitions on VOC content. Except as provided in Section 6.13.F, no person shall cause or allow the application of any coating or other agent to any light duty vehicle or light duty vehicle component, with a VOC content in excess of the following limits:

(*VOC Content is consistent with EPA National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings)

((F. Application methods. Except as provided in Section 6.13.I., no person shall cause or allow the application of any coating or other agent containing VOC unless the coating or agent is applied by the use of one of the following methods:

1. High Volume, Low Pressure coating system; or

2. Low Volume, Low Pressure coating system; or

3. Electrostatic application; or

4. Flow coat application; or

5. Dip coat application; or

6. Brush coat application; or

7. Pre-packaged aerosol can application; or

8. Roll coat application; or

9. Other application methods that have received the prior written approval of the Control Officer.))

E ((G)). ((Enclosure and control r)) Requirements. ((Except as provided in Section 6.13.I., a)) All persons subject to the requirements of Section 6.13 shall comply with all of the following, ((enclosure and control requirements)) unless exempted under Section 6.13.F:

1. Enclosure and Controls - Spray application shall be ((is)) conducted in a booth or area which is vented to an operating particulate control system. The particulate control system, including filtration, ducting, and fan shall be installed and sized according to standard engineering practices. Acceptable filtration methods may include:

a. Filter banks supplied with filter media designed for spray booth applications.

b. Water baths where the inlet air flow to the water bath is submerged.

c. Water wall systems that form a continuous water curtain through which the particulate flow stream must pass.

d. Other filtration methods that have received the prior written approval of the Control Officer.

The control system shall be equipped with a fan which is capable of capturing all visible overspray. ((and vented to the atmosphere through a vertical stack which is at least 1.2 times the height (as measured from ground level) of the tallest building within 200 feet of the stack and which does not impede the upward vertical flow of the exhausted air. Visible emissions from the stack shall not exceed 10% opacity for an aggregate of more than three (3) minutes in any one hour period, as determined by EPA Method 9.)) Emissions from the booth/area shall be vented to the atmosphere through a vertical stack. The top of the exhaust stack/vent shall be at least 6 feet above the penetration point of the roof, or if the exhaust stack/vent exits horizontally out the side of the building, then the exhaust stack/vent shall vent vertically at least 6 feet above the eave of the roof. A higher stack/vent may be required if the authority determines that it is necessary for compliance with Section 6.04 or 6.06 of this regulation. There shall be no flow obstructions (elbows, tees, or stack caps) inside of or at the top of the stack that will impede upward vertical flow of the exhausted air.

It shall be the owner/operator's responsibility to comply with other applicable federal, state, and local regulations for the stack/vent.

2. Visible Emissions - Visible emissions from the stack shall not exceed 10% opacity averaged over any six minute period, as determined by EPA Method 9.

3. Application methods - Except as provided in Section 6.13.F., no person shall cause or allow the application of any coating or other agent containing VOC unless the coating or agent is applied by one of the following methods:

a. High Volume, Low Pressure coating system;

b. Low Volume, Low Pressure coating system;

c. Wet or Dry electrostatic application;

d. Flow coat application;

e. Dip coat application;

f. Brush coat application;

g. Pre-packaged aerosol can application;

h. Roll coat application;

i. A spraying technique that when tested, using the methodology presented in ASTM Standard D 5327-92, or when test documentation, provided to and approved by the authority, exhibits a transfer efficiency of at least 65%;

j. Alternate application methods that have received the written approval of the Control Officer. Such alternate methods may be used, provided that the owner or operator makes a written request to use an alternate method and the control officer grants approval. These methods include but are not limited to the following application methods and circumstances:

(1) Airless and Air-Assisted Airless Spray systems may be used under any of the following circumstances:

(a) when the volatile organic compound (VOC) emissions are determined by the Control Officer to be no more than VOC emissions that would be generated by a spray application with a transfer efficiency of 65%;

(b) when the spraying operation is automated;

(c) when spray painting structural steel members where the coating, as formulated by the coating manufacturer, does not require addition of reducers to spray, and is delivered under high pressure (> 1,000 psig for airless, or > 300 psig for air-assisted airless) to the application system; or

(d) where the Control Officer has determined that the coating cannot be feasibly applied with a method that has a minimum transfer efficiency of 65%.

4. ((2)) Equipment Cleanup - Equipment cleanup and any other use of wash solvent shall be ((is)) totally enclosed during washing, rinsing, and draining; or wash solvent, after making contact with the equipment being cleaned, shall be ((is)) immediately drained to a closed sump which is an integral part of the cleaning system.

5. General Clean-up

a. ((3)) All unused or partially used containers of coatings, wipe-down agents, wash solvents, reducers, and waste materials containing VOC shall be ((are)) closed, except when in use, ((or)) when being filled or emptied.

b. ((4)) Spills ((of coatings, wipe-down agents, wash solvents, reducers, and waste materials containing VOC are)) must be cleaned up upon discovery and the clean up materials and collected waste ((is)) shall be stored in closed metal containers.

c. ((5)) All disposable materials which contain VOCs associated with wipe-down or ((with)) application of coatings and other agents ((are)) shall be stored in closed metal containers for disposal.

6. ((H)) Recordkeeping ((requirements)). ((Except as provided in Section 6.13.I, a)) All persons subject to Section 6.13 shall maintain the following records for ((all coatings, coating additives, wipe-down agents, wash solvents, and reducers for)) the previous 24-month period at the place of business where surface coating is performed:

a. ((1)) The most current material safety data sheets (MSDS) or other data sheets which clearly indicate the VOC content of the product and of any multi-coat system.

b. ((2)) Records of purchases and usage, including unused materials returned to the supplier.

(1) Light duty vehicle refinishing. Annual purchases and usage of total primers, total top coats, total clear coats, and total gun cleaner. Usage shall be reported "as applied", i.e. after reducing and catalyzing, if applicable.

(2) Other surface coating facilities. Annual purchases and usage of individual coatings, coating additives, wipe-down agents, wash solvents, reducers, and other materials containing volatile organic compounds or volatile toxic air pollutants.

c. ((3)) ((Records of disposal of w))Waste materials disposal records, including volumes of waste solvents and coatings transferred in sealed containers to authorized waste haulers.

((4. Records of the volume of reducers added to light duty vehicle refinishing coatings, with sufficient detail to determine whether the coatings, as applied, comply with Section 6.13.D.))

F. ((I.)) Exceptions. Exceptions to Section 6.13 shall be made as follows:

1. Noncommercial exemption. Nothing in Section 6.13 shall apply to surface coating operations conducted solely for personal, noncommercial purposes if, on a facility-wide basis, less than 5 gallons of surface coatings are applied per year.

2. ((Architectural c)) Coating process exemptions. Nothing in Section 6.13 shall apply to the ((application of architectural coatings to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.)) following coating processes:

a. The application of architectural coatings to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs;

b. Fiberglass resin application operations;

c. Gel coating operations;

d. The application of asphaltic or plastic liners. This includes undercoating, sound deadening coating, and spray on bed lining for trucks; or

e. Spray plasma plating operations.

3. Low usage exemption. Nothing in Sections 6.13.E.3 & 4 ((F. or 6.13G 1&2)) shall apply to surface coating operations which, on a facility-wide basis, apply less than 10 gallons per year of surface coatings.

((4. Exemption for touchup. Nothing in Section 6.13.F or Subsection 6.13.G.1. shall apply to touchup operations.))

4. ((5.)) Exemption for large objects. Nothing in Subsection 6.13.E((G)).1. shall apply to the infrequent outdoor surface coating of large objects where the ((c))Control ((o))Officer determines that it is impractical to totally enclose the object inside a booth or vented area. The request for this exemption must be made in writing to the Control Officer and the approval must be in writing. Infrequent means outdoor spray surface coating that amounts to 10% or less of the total annual gallons of paint applied at the facility in the previous 12 months. Annual records must be kept of the number of gallons of paint that are sprayed outdoors. In such case, a temporary enclosure (tarps) shall be maintained around the object during the surface coating operation, sufficient at all times to prevent overspray from remaining airborne beyond the property line of the facility.

5. ((6.)) Wash solvent exemption. Nothing in Subsection 6.13.E.4((G.2)). shall apply to:

a. The use of wash solvents with composite vapor pressure of organic compounds less than 45 mm Hg at 20^oC as determined by ASTM Method D-2306-81; or

b. Wash solvent operations if total wash solvent consumption does not exceed ((120)) 10 gallons per year.

6. ((7.)) Stack ((height)) exemption. The stack/vent ((height)) requirements in Subsection 6.13.E((G)).1. shall not apply to surface coating operations where the owner or operator can demonstrate to the satisfaction of the ((c))Control ((o))Officer that emissions of toxic air pollutants will not exceed the Acceptable Source Impact Levels as defined in WAC 173-460-150 & 160 and emissions will not create a nuisance.

7. ((8.)) Non-spray and ((A)) aerosol can application exemption. Nothing in Subsection 6.13.E((G)).1 shall apply to the application of any coating or other agent from pre-packaged aerosol cans, flow coat, dip coat, brush coat, or roll coat applications.

8. ((9.)) Low VOC content exemption. Nothing in Subsection 6.13.E.3((F)) shall apply to the application of coatings where the VOC content does not exceed 2.1 Lb/Gal or 250 G/L.

9. ((10. Toxic air pollutant)) Lead or Hexavalent Chrome exemption. The prohibition in Subsection 6.13.D((E)).1 shall not apply to a surface coating operation where the control officer determines that no practical alternative coating is available.

10. Enclosure and/or particulate control exemption. The enclosure and/or particulate control requirements of Subsection 6.13.E.1. shall not apply to a surface coating operation where the control officer determines that such requirements would be ineffective, or unreasonable in capturing or controlling particulate or volatile organic compounds emissions from the facility.

11. Inside exhaust exemption. If the Department of Labor & Industries or another agency of jurisdiction determines that the emissions from a surface coating operation to an inside work area are below the threshold where an exhaust system is required and the Fire Department or District of jurisdiction has no objection, then the Control Officer may grant an exemption to Subsection 6.13.E.1.

G. ((J)) Compliance with other laws and regulations. Compliance with Section 6.13 or qualifying for an exemption in Section 6.13.F((I)). does not necessarily mean that the surface coating operation complies with fire protection, waste disposal, or other federal, state, or local applicable laws or regulations.

H. ((K)) Compliance schedule. All persons subject to the requirements of Section 6.13((G.1)) and not already in compliance ((on the date of adoption shall comply with the following schedule:

1. No later than 6 months prior to the effective date, apply for a Notice of Construction and Order of Approval, pursuant to Article V of this Regulation, to install the required equipment; and

2. No later than 30 days after the date of the Order of Approval, order the required equipment; and

3. No later than 1 month prior to the effective date, commence installation of the required equipment; and

4. No later than the effective date, be in full compliance with Section 6.13.G.))

shall be in full compliance with Section 6.13 by October 7, 1998, unless an extension is applied for by the owner or operator and is granted in writing by the Authority.

Reviser's note: The typographical errors in the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

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