CLEAN AIR AGENCY
Exempt from preproposal statement of inquiry under RCW 70.94.141(1).
Title of Rule: Regulation II, amend Sections 1.05 and 3.04; and Regulation III, amend Section 2.01 and repeal Section 3.01.
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.
Other Identifying Information: Regulation II, Section 1.05 - Special Definitions; Section 3.04 - Motor Vehicle and Mobile Equipment Coating Operations.
Regulation III, Section 2.01 Applicability to Toxic Air Contaminant Sources; Section 3.01 - Hard and Decorative Chromium Electroplating and Chromium Anodizing.
Statutory Authority for Adoption: Chapter 70.94 RCW.
Statute Being Implemented: RCW 70.94.141.
Summary: See Purpose above.
Reasons Supporting Proposal: Regulation II, EPA issued a new auto refinishing rule that is more stringent than the agency's, however, that rule does not address original vehicle coating. Our proposed rule will rely on the EPA rule for auto refinishing and will clarify our rule on original vehicle coating.
Regulation III, keeping our chrome rule subjects facilities to two different rules - EPA's and PSCAA's.
Name of Agency Personnel Responsible for Drafting: Kwame Agyei, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4054; Implementation: Dave Kircher, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4050; and Enforcement: Jim Nolan, 110 Union Street, #500, Seattle, WA 98101, (206) 689-4053.
Name of Proponent: Puget Sound Clean Air 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 the Regulation II amendments.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: See Purpose above.
Proposal Changes the Following Existing Rules: See Purpose above.
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 Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, on July 24, 2003, at 9:15 a.m.
Assistance for Persons with Disabilities: Contact Agency Receptionist, (206) 689-4010, by July 17, 2003, TDD (800) 833-6388 or (800) 833-6385 (Braille).
Submit Written Comments to: Dennis McLerran, Puget Sound Clean Air Agency, 110 Union Street, Suite 500, Seattle, WA 98101, fax (206) 434-7522, by July 14, 2003.
Date of Intended Adoption: July 24, 2003.
June 16, 2003
Air Resource SpecialistAMENDATORY 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
(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
(o))) (j) MILITARY AEROSPACE TOPCOAT means the current version
(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
(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
(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
(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
(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.))
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
|Type of Coating||Grams/Liter||(Lbs/Gal)|
|Pretreatment Wash Primer||780||(6.5)|
(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
(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.
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.
REGULATION III SECTION 3.01 HARD AND DECORATIVE CHROMIUM ELECTROPLATING AND CHROMIUM ANODIZING