### ENCLOSURE 1

COMMONWEALTH OF VIRGINIA
STATE AIR POLLUTION CONTROL BOARD
REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED
REVISION E 09
CONCERNING

VOC EMISSION STANDARDS, MISCELLANEOUS METAL PARTS AND PRODUCTS
COATING APPLICATION SYSTEMS (9VAC5 CHAPTER 40)

Adoption Date: June 19, 2015 Effective Date: February 1, 2016

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementation Plan (SIP). Hig hlighted provisions are included for information purposes only and are not to be construed as part of the Commonwealth's SIP, nor are any provisions directly related to the highlighted provisions to be considered as part of the SIP. A copy of the actual r egulation submitted for approval and incorporation by reference into the Virginia SIP is included in Enclosure 2; details concerning the specific provisions that are not to be included in the Virginia SIP are noted in this copy.

CHAPTER 20 GENERAL PROVISIONS

9VAC5

- 20

- 21 Documents Incorporated by Reference ( amended )

CHAPTER 40 EXISTING STATIONARY SOURCES

PART II Emission Standards

ARTICLE 34 EMISSION STANDARDS FOR MISCELLANEOUS METAL PARTS
AND PRODUCTS COATING APPLICATION SYSTEMS (RULE 4

- 34 )

9VAC5

- 40

- 4760 Applicability and designation of affected facility ( amended)

ARTICLE 5 9 EMISSION STANDARDS FOR MISCELLANEOUS METAL PARTS
AND PRODUCTS COATING APPLICATION SYSTEMS IN THE
NORTHERN VIRGINIA VOLATILE ORGANIC COMPOUND
EMISSIONS CONTR OL AREA, 8

- HOUR OZONE STANDARD (RULE 4

- 5 9 )

### 9VAC5

- 40

- 8 8 10 Applicability and designation of affected facility (added)

9 VAC5

- 40

- 8 8 20 Definitions (added)
9VAC5

- 40

- 8 8 30 Standard for volatile organic compounds (added)
9VAC5

- 40

- 8 8 40 Standard for visible emissions (added)
9VAC5

- 40

- 8 8 50 Standard for fugitive dust/emissions (added)
9VAC5

- 40

- 8 8 60 Standard for odor (added)
9VAC5

- 40

- 8 8 70 Standard for toxic pollutants (added)
9VAC5

- 40

- 8 8 80 Compliance (added)
9VAC5

- 40

- 8 8 90 Compliance schedule (added)
9VAC5

- 40

- 8 9 0 0 Test methods and procedures (added)
9VAC5

- 40

- 8 9 10 Monitoring (added)
9VAC5

- 40

- 8 9 20 Notification, reco rds and reporting (added)
9VAC5

- 40

- 8 9 30 Registration (added)
9VAC5

- 40

- 8 9 40 Facility and control equipment maintenance or malfunction (added)
9VAC5

- 40

- 8 9 50 Permits (added)

TEMPLATES \ SIP

- REG \ REG01
SIP \ NONATTN PLANS \ 201 6 \ E 09

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### 9VAC5 CHAPTER 20.
GENERAL PROVISIONS.

PART I.

Administrative.

9VAC5

- 20

- 21. Documents incorporated by reference.

A. The Administrative Process Act and Virginia Register Act provide that state regulations may incorporate documents by reference. Throughou t these regulations, documents of the types specified below have been incorporated by reference.

1. United States Code.

2. Code of Virginia.

3. Code of Federal Regulations.

4. Federal Register.

5. Technical and scientific reference documents

.

Additional information on key federal regulations and nonstatutory documents incorporated by reference and their availability may be found in subsection E of this

section.

B. Any reference in these regulations to any provision of the Code of Federal

R egulations (CFR) shall be considered as the adoption by reference of that provision. The specific version of the provision adopted by reference shall be that contained in the CFR ( 2013 ) in effect July 1, 2013

. In making reference to the Code of Federal

Re gulations, 40 CFR Part 35 means Part 35 of Title 40 of the Code of Federal Regulations; 40 CFR 35.20 means § 35.20 in Part 35 of Title 40 of the Code of Federal Regulations.

C. Failure to include in this section any document referenced in the regulations shall not invalidate the applicability of the referenced document.

D. Copies of materials incorporated by reference in this section may be examined by the public at the central office of the Department of Environmental Quality, Eighth Floor, 629 East Ma in Street, Richmond, Virginia, between 8:30 a.m. and 4:30 p.m. of each business day.COMMONWEALTH OF VIRGINIA PAGE 2 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### E. Information on federal regulations and nonstatutory documents incorporated by reference and their availability may be found below in this subsection.

1. Code of Fe deral Regulations.

a. The provisions specified below from the Code of Federal Regulations (CFR) are incorporated herein by reference.

(1) 40 CFR Part 50

- National Primary and Secondary Ambient Air Quality Standards.

(a) Appendix A

- 1

- Refer ence Measurement Principle and Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere (Ultraviolet Fluorescence Method).

(b) Appendix A

- 2

- Reference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosani line Method).

(c) Appendix B

- Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High

- Volume Method).

(d) Appendix C

- Measurement Principle and
Calibration Procedure for the Continuous Measurement of Ca rbon Monoxide in the Atmosphere (Non

- Dispersive Infrared Photometry).

(e) Appendix D

- Measurement Principle and Calibration Procedure for the Measurement of Ozone in the Atmosphere.

(f) Appendix E

- Reserved.

(g) Appendix F

- Measurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence).

(h) Appendix G

- Reference Method for the Determination of Lead in Suspended Particulate Matter Collected from Ambient Air.

(i) Appendix H

- Interpretation of the National Ambient Air Quality Standards for Ozone.COMMONWEALTH OF VIRGINIA PAGE 3 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### (j) Appendix I

- Interpretation of the 8

- Hour Primary and Secondary National Ambient Air Quality Standards for Ozone.

(k) Appendix J

- Reference Meth od for the
Determination of Particulate Matter as PM 10 

### in the Atmosphere.

(l) Appendix K

- Interpretation of the National Ambient Air Quality Standards for Particulate Matter.

(m) Appendix L

- Reference Method for the
Determination of Fine Part iculate Matter as PM 2.5 

### in the Atmosphere.

(n) Appendix M

- Reserved.

(o) Appendix N

- Interpretation of the National Ambient Air Quality Standards for PM 2.5



### .

(p) Appendix O

- Reference Method for the
Determination of Coarse Particulate M atter as PM in the Atmosphere.

(q) Appendix P

- Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone.

(r) Appendix Q

- Reference Method for the Determination of Lead in Suspended Particulate Matter as PM 1 0 

### Collected From

Ambient Air.

(s) Appendix R

- Interpretation of the National Ambient Air Quality Standards for Lead.

(t) Appendix S

- Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide ).

(u) Appendix T

- Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).

(2) 40 CFR Part 51

-- Requirements for Preparation, Adoption, and Submittal of Implementation Plans.

(a) Appen dix M

-- Recommended Test Methods forCOMMONWEALTH OF VIRGINIA PAGE 4 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### State Implementation Plans.

(b) Appendix S

-- Emission Offset Interpretive Ruling.

(c) Appendix W

-- Guideline on Air Quality Models (Revised). (d) Appendix Y

- Guidelines for BART Determinations

Under the Regional Haze Rule.

(3) 40 CFR Part 55

-- Outer Continental Shelf Air Regulations.

(4) 40 CFR Part 58

-- Ambient Air Quality Surveillance.

Appendix A

- Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring.

(5) 40 CFR Part 59

-- National Volatile Organic Compound
Emission Standards for Consumer and Commercial Products.

(a) Subpart C

- National Volatile Organic Compound
Emission Standards for Consumer Products.

(b) Subpart D

- National Volatile Organic Co mpound Emission Standards for Architectural Coatings, Appendix A

-- Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings.

(6) 40 CFR Part 60

-- Standards of Performance for New Stationary So urces.

The specific provisions of 40 CFR Part 60 incorporated by reference are found in Article 5 (9VAC5

- 50

- 400 et seq.) of Part II of
9VAC5

- 50 (New and Modified Sources).

(7) 40 CFR Part 61

-- National Emission Standards for

Hazardous Air Pollu tants.

The specific provisions of 40 CFR Part 61 incorporated by reference are found in Article 1 (9VAC5

- 60

- 60 et seq.) of Part II of
9VAC5

- 60 (Hazardous Air Pollutant Sources).COMMONWEALTH OF VIRGINIA PAGE 5 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### (8) 40 CFR Part 63

- National Emission Standards for

Hazardous Air Pollutants for Source Categories.

The specific provisions of 40 CFR Part 63 incorporated by reference are found in Article 2 (9VAC5

- 60

- 90 et seq.) of Part II of
9VAC5

- 60 (Hazardous Air Pollutant Sources).

(9) 40 CFR Part 64, Compliance Assurance Monitoring.

(10) 40 CFR Part 72, Permits Regulation.

(11) 40 CFR Part 73, Sulfur Dioxide Allowance System.

(12) 40 CFR Part 74, Sulfur Dioxide Opt

- Ins.

(13) 40 CFR Part 75, Continuous Emission Monitoring.

(14) 40 CFR Part 76, Acid Rain Nitrogen Oxides Emission Reduction Program.

(15) 40 CFR Part 77, Excess Emissions.

(16) 40 CFR Part 78, Appeal Procedures for Acid Rain Program.

(17) 40 CFR Part 152 Subpart I, Classification of Pesticides.

(18) 49 CFR Part 172, Hazardous Materials Table. Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements, Subpart E, Labeling.

(19) 29 CFR Part 1926 Subpart F, Fire Protection and

Prevention.

b. Copies may be ob tained from: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250

- 7954; phone (202) 783

- 3238.

2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental ProtectionCOMMONWEALTH OF VIRGINIA PAGE 6 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### Agency are incorporated herein by reference:

(1) Reich Test, Atmospheric Emissions from Sulfuric Acid Manufacturing Processes, Public Health Service Publication No. PB82250721, 1980.

(2) Compilation of Air Pollutant Emission Factors (AP

- 42). Volume I: Stationary and Are a Sources, stock number 055

- 000

- 00500

- 1, 1995; Supplement A, stock number 055

- 000

- 00551

- 6, 1996; Supplement B, stock number

055

- 000

- 00565, 1997; Supplement C, stock number 055

- 000

- 00587

- 7, 1997; Supplement D, 1998; Supplement E, 1999.

(3) "Guidelines for Determining Capture Efficiency" (GD

- 35), Emissions Monitoring and Analysis Division, Office of Air Quality Planning and Standards, January 9, 1995.

b. Copies of the document identified in subdivision E 2 a (1) of this

s ection , and Volume I and Supp lements A through C of the document identified in subdivision E 2 a (2) of this s ection , may be obtained from: U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161; phone 1

- 800

- 553

- 6847. Cop ies of Supplements D and E of the document identified in subdivision E 2 a (2) of this s ection may be obtained online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/index.html. Copies of the document identified in subdivision E 2 a (3) of this s ection are only available online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.

3. U.S. government.

a. The following document from the U.S. government is incorporated herein by reference: Standard Industria l Classification Manual, 1987 (U.S. Government Printing Office stock number 041

- 001

- 00

- 314

- 2).

b. Copies may be obtained from: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250

- 7954; phone (202) 512

- 1800.

4. American Socie ty for Testing and Materials (ASTM).

a. The documents specified below from the American Society for Testing and Materials are incorporated herein by reference.

(1) D323

- 99a, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Meth od)."COMMONWEALTH OF VIRGINIA PAGE 7 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### (2) D97

- 96a, "Standard Test Method for Pour Point of

Petroleum Products."

(3) D129

- 00, "Standard Test Method for Sulfur in Petroleum Products (General Bomb Method)."

(4) D388

- 99, "Standard Classification of Coals by Rank."

(5) D39 6

- 98, "Standard Specification for Fuel Oils."

(6) D975

- 98b, "Standard Specification for Diesel Fuel Oils."

(7) D1072

- 90(1999), "Standard Test Method for Total Sulfur
in Fuel Gases."

(8) D1265

- 97, "Standard Practice for Sampling Liquefied

Pet roleum (LP) Gases (Manual Method)."

(9) D2622

- 98, "Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X

- Ray Fluorescence Spectrometry."

(10) D4057

- 95(2000), "Standard Practice for Manual Sampling of Petroleum and Petro leum Products."

(11) D4294

- 98, "Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy

- Dispersive X

- Ray Fluorescence Spectroscopy."

(12) D523

- 89, "Standard Test Method for Specular Gloss" (1999).

(13) D1613

- 02, "Standa rd Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products" (2002).

(14) D1640

- 95, "Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperatur e" (1999).

(15) E119

- 00a, "Standard Test Methods for Fire Tests of Building Construction Materials" (2000).COMMONWEALTH OF VIRGINIA PAGE 8 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### (16) E84

- 01, "Standard Test Method for Surface Burning Characteristics of Building Construction Materials" (2001).

(17) D4214

- 98, "St andard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films" (1998).

(18) D86

- 04b, "Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure" (2004).

(19) D4359

- 90, "Standard Test Method for Determ ining Whether a Material is a Liquid or a Solid" (reapproved 2000).

(20) E260

- 96, "Standard Practice for Packed Column Gas Chromatography" (reapproved 2001).

(21) D3912

- 95, "Standard Test Method for Chemical Resistance of Coatings Used in Light

- W ater Nuclear Power Plants" (reapproved 2001).

(22) D4082

- 02, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light

- Water Nuclear Power Plants."

(23) F852

- 99, "Standard Specification for Portable Gasoline
Containers for Consumer Use" (reapproved 2006).

(24) F976

- 02, "Standard Specification for Portable Kerosine
and Diesel Containers for Consumer Use."

(25) D4457

- 02, "Standard Test Method for Determination of Dichloromethane and 1,1,1

- Trichloroethane in Paints a nd Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).

(26) D3792

- 05, "Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph."

(27) D2879

- 97, "Standard Test Method for Vapor Pressure

Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope" (reapproved 2007).

b. Copies may be obtained from: American Society for Testing Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428

- 2959;COMMONWEALTH OF VIRGINIA PAGE 9 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### ph one (610) 832

- 9585.

5. American Petroleum Institute (API).

a. The following document from the American Petroleum Institute is incorporated herein by reference: Evaporative Loss from Floating Roof Tanks, API MPMS Chapter 19, April 1, 1997.

b. Cop ies may be obtained from: American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005; phone (202) 682

- 8000.

6. American Conference of Governmental Industrial Hygienists (ACGIH).

a. The following document from the ACGIH is incorpo rated herein by reference: 1991

- 1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices (ACGIH Handbook).

b. Copies may be obtained from: ACGIH, 1330 Kemper Meadow Drive, Suite 600, Cincinnati, Ohio 45240 ; phone (513) 742

- 2020.

7. National Fire Prevention Association (NFPA).

a. The documents specified below from the National Fire Prevention Association are incorporated herein by reference.

(1) NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 Edition.

(2) NFPA 30, Flammable and Combustible Liquids Code,

2000 Edition.

(3) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2000 Edition.

b. Copies may be obtained from the National Fi re Prevention Association, One Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269

- 9101; phone (617) 770

- 3000.

8. American Society of Mechanical Engineers (ASME).

a. The documents specified below from the American Society ofCOMMONWEALTH OF VIRGINIA PAGE 10 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### Mechanical Eng ineers are incorporated herein by reference.

(1) ASME Power Test Codes: Test Code for Steam Generating Units, Power Test Code 4.1

-- 1964 (R1991).

(2) ASME Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition (1971).

(3) Standard for the Qualification and Certification of Resource Recovery Facility Operators, ASME QRO

- 1

- 1994.

b. Copies may be obtained from the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 1 0016; phone (800)

843

- 2763.

9. American Hospital Association (AHA).

a. The following document from the American Hospital Association is incorporated herein by reference: An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities, AHA Catalog no. W5

- 057007, 1993.

b. Copies may be obtained from: American Hospital Association, One North Franklin, Chicago, IL 60606; phone (800) 242

- 2626.

10. Bay Area Air Quality Management District (BAAQMD).

a. The following documents from t he Bay Area Air Quality Management District are incorporated herein by reference:

(1) Method 41, "Determination of Volatile Organic Compounds in Solvent

- Based Coatings and Related Materials Containing Parachlorobenzotrifluoride" (December 20, 1995).

(2) Method 43, "Determination of Volatile Methylsiloxanes in
Solvent

- Based Coatings, Inks, and Related Materials" (November 6, 1996).

b. Copies may be obtained from: Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 9410 9, phone (415) 771

- 6000.

11. South Coast Air Quality Management District (SCAQMD).COMMONWEALTH OF VIRGINIA PAGE 11 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### a. The following documents from the South Coast Air Quality Management District are incorporated herein by reference:

(1) Method 303

- 91, "Determination of Exempt Compounds," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(2) Method 318

- 95, "Determination of Weight Percent Elemental Metal in Coatings by X

- Ray Diffraction," in Manual SSMLLABM, "Laboratory Methods of Analysi s for Enforcement Samples" (1996).

(3) Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991).

(4) Method 304

- 91, "Determination of Volatile Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM, "Laboratory M ethods of Analysis for Enforcement Samples" (1996).

(5) Method 316A

- 92, "Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(6) "General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems," October 3, 1989.

b. Copies may be obtained from: South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, phone (909)

396

- 20 00.

12. California Air Resources Board (CARB).

a. The following documents from the California Air Resources Board are incorporated herein by reference:

(1) Test Method 510, "Automatic Shut

- Off Test Procedure for Spill

- Proof Systems and Spill

- Pr oof Spouts" (July 6, 2000).

(2) Test Method 511, "Automatic Closure Test Procedure for Spill

- Proof Systems and Spill

- Proof Spouts" (July 6, 2000).

(3) Method 100, "Procedures for Continuous GaseousCOMMONWEALTH OF VIRGINIA PAGE 12 of 36

STATE AIR POLLUTION CONTROL BOARD

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AND 40)



### Emission Stack Sampling" (July 28, 1997).

( 4) Test Method 513, "Determination of Permeation Rate for Spill

- Proof Systems" (July 6, 2000).

(5) Method 310, "Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (Includin g Appendices A and B)" (May 5, 2005).

(6) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 2 , §§ 94509 and 94511 (2003).

(8) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 4, §§ 94540

- 94555 (2003).

(9) "Certification Procedure 501 for Portable Fuel Containers and Spill

- Proof Spouts, CP

- 501" (Jul y 26, 2006).

(10) "Test Procedure for Determining Integrity of Spill

- Proof Spouts and Spill

- Proof Systems, TP

- 501" (July 26, 2006).

(11) "Test Procedure for Determining Diurnal Emissions from Portable Fuel Containers, TP

- 502" (July 26, 2006).

b. Copies may be obtained from: California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812, phone (906) 322

- 3260 or (906) 322

- 2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American Architec tural Manufacturers Association are incorporated herein by reference:

(1) Voluntary Specification 2604

- 02, "Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels" (2002).

(2) Voluntar y Specification 2605

- 02, "Performance Requirements and Test Procedures for Superior Performing Organic Coatings onCOMMONWEALTH OF VIRGINIA PAGE 13 of 36

STATE AIR POLLUTION CONTROL BOARD

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AND 40)



### Aluminum Extrusions and Panels" (2002).

b. Copies may be obtained from: American Architectural Manufacturers Association, 1827 Walden Off ice Square, Suite 550, Schaumburg, IL 60173, phone (847) 303

- 5664.

14. American Furniture Manufacturers Association.

a. The following document from the American Furniture Manufacturers Association is incorporated herein by reference: Joint Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric Standards and Guidelines (January 2001).

b. Copies may be obtained from: American Furniture Manufacturers Association, P.O. Box HP

- 7, High Point, NC 27261; phone (336) 884

- 5000.

15. American Architectural Manufacturers Association (AAMA)

.

a. The following documents from the American Architectural Manufacturers Association are incorporated herein by reference:

1. Voluntary Specification, Performance Requirements and

Tes t Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels, publication number AAMA 2604

- 05

.

2. Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrus ions and Panels, publication number AAMA 2605

- 05.

b. Copies may be obtained from : American Architectural
Manufacturers Association , 1827 Walden Office Square, Suite 550, Schaumburg, IL

60173

- 4268; phone 847

- 303

- 5774.

9 VAC 5 CHAPTER 40.
EXISTING STATI ONARY SOURCES.

PART II.
Emission Standards.

ARTICLE 34.COMMONWEALTH OF VIRGINIA PAGE 14 of 36

STATE AIR POLLUTION CONTROL BOARD

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AND 40)



### Emission Standards f or Miscellaneous Metal Parts

and Products Coating Application Systems (Rule 4

- 34).

9VAC5

- 40

- 4760. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each miscellaneous metal parts and products coating application system.

B. The provisions of this article apply only to sources of volatile organi c compounds in volatile organic compound emissions control areas designated in 9VAC5

- 20

- 206

. On and after February 1, 2017, this article do es not apply to so urces in the Northern Virginia Volatile Organic Compound E m issions Control A rea designated in
9VAC5

- 20

- 206. These sources are subject to Article 59 (9VAC5

- 40

- 8810 et seq.) of this part.

C. Exempted from the provisions of this article are c oating plants whose emissions of volatile organic compounds are not more than 2.7 tons per year, 15 pounds per day and three pounds per hour, based on the actual emission rate. All volatile organic compound emissions from purging or washing solvents shall be considered in applying the exemption levels specified in this subsection.

D. The provisions of this article d o not apply to the following:

1. Coating application systems used exclusively for determination of product quality and commercial acceptance provided:

a. The operation is not an integral part of the production process;

b. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

c. The exemption is approved by the board.

2. Vehicle refinishing operations.

3. Vehicle customized coating operations, if production is less than 20

v ehicles per day.

4. Fully assembled aircraft and marine vessel exterior coating operations.COMMONWEALTH OF VIRGINIA PAGE 15 of 36

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AND 40)



### ARTICLE 59

. Emission Standards f or Miscellaneous Metal Parts a nd Products Coating Application Systems in the Northern Virginia Volatile Organic Compound Emissi ons Control Area,

8

- hour Ozone Standard (Rule 4

- 59 ).

9VAC5

- 40

- 8810. Applicability and designation of affected facility.

A. Except as provided in subsection s C through H of this section, the affected facility to which the provisions of this article apply is each miscellaneous metal product and plastic parts surface coating operation at a facility where the total actual emissions of volatile organic compounds (VOCs) from all miscellaneous metal product and plastic parts surface coating operations, includin g related cleaning activities, at that facility are equal to or exceed 6.8 kilograms per day (15 pounds per day), or an equivalent level of 2.7 tons per 12

- month rolling period, before consideration of controls.

B. The provisions of this article apply on ly to affected facilities located in the Northern Virginia VOC Emissions Control Area designated in subdivision 1a of 9VAC5

- 20

- 206.

C. Facilities that coat bodies or body parts for new heavier vehicles (including all
vehicles that meet the definition of the term "other motor vehicles" as defined in 40 CFR

63.3176 of the National Emission Standards for Surface Coating of Automobile and Light

- Duty Trucks ) may, in lieu of complying with the provisions of this article, opt to comply with Article 28 ( Emission Standards For Automobile a nd Light Duty Truck Coating Application Systems, 9VAC5

- 40

- 3860 et seq.) of 9VAC5

- 40 (Existing Stationary S ources)

.

D

. The provisions of this article do not apply to the following:

1. Miscellaneous metal product and plastic pa rts surface coating operations subject to Article 26 ( Emissions Standards for Large Appliance Coating Application Systems , 9VAC5

- 40

- 3560 et seq.), Article 27 (Emission Standards For Magnet Wire Coating Application Systems , 9VAC5

- 40

- 3710 et seq.), Article 2 9 (Emission Standards For Can Coating Application Systems, 9VAC 5

- 40

- 4010 et seq.), Article 30 (Emission Standards For Metal Coil Coating Application Systems, 9VAC5

- 40

- 4160), Article 31 (Emission Standards For Paper and Fabric Coating Application Systems, 9 VAC5

- 40

- 4310), Article 33 (Metal Furniture Coating Application Systems,
9VAC5

- 40

- 4610 et seq.), and Article 48 (Emission Standards for Mobile Equipment Repair and Refinishing Operations, 9VAC5

- 40

- 6970 et seq.) of 9VAC5

- 40 (Existing Stationary Sources) ; and Article 5 (Emission Standards for Architectural and IndustrialCOMMONWEALTH OF VIRGINIA PAGE 16 of 36

STATE AIR POLLUTION CONTROL BOARD

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AND 40)



### Maintenance Coatings, 9VAC5

- 45

- 520 et seq.) of 9VAC5

- 45 (Consumer and
Commercial P roducts)

.

2

. Coating application systems used exclusively for determination of product quality and coatings that are applied to test panels and coupons as part of research and development, quality control, or performance testing activities at paint research or manufacturing facilities.

3

. Coatings applied using a hand

- held, pressurized, non

- refillable

contain er which expels coatings from the container in a finely divided spray when a valve on the container is depressed.

4. Miscellaneous metal product and plastic parts surface coating operations associated with the following product categories or processes: aerospace coatings; wood furniture coatings; fiberglass boat manufacturing materials; and paper, film, and foil coatings not otherwise regulated under Article 31 (Emission Standards f or Paper and Fabric Coating Application Systems, 9VAC5

- 40

- 4310) of 9VAC5

- 40 ( Existing Stationary Sources)

.

5. Recommended VOC limits and application methods do not apply to

a erosol coating products or powder coatings.

E. For metal coatings:

1. . Recommended work practices still apply, however, th e VOC limits and appli cation methods for provisions of this article do not apply to the following:

a. S tencil coatings ;

b. Safety

- indicating coatings ;

c S olid

- film lubricants ;

d. E lectric

- insulating and thermal conducting coatings ;

e. M agnetic data stora ge disk coatings ; and

f. P lastic extruded onto metal parts to form a coating.

2. Recommended VOC limits and work practices still apply to these coatings and coating operations, however, the application methods for provisions of thisCOMMONWEALTH OF VIRGINIA PAGE 17 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### article do not apply to the following:

a. T ouch

- up coatings ;

b. R epair coatings ; and

c. T extured finishes.

F. For plastic coatings:

1. Recommended application and work practices still apply to these coatings and coating operations, however, the VOC limi ts for provisions of this article do not apply to the following:

a. Touch

- up and repair coatings;

b. Stencil coatings applied on clear or transparent substrates;

c. Clear or translucent coatings;

d. Coatings applied at a paint manufacturing facility while conducting performance tests on the coatings;

e. Any individual coating category used in volumes less than 50 gallons in any one year, if substitute complaint coatings are not available, provided that the total usage of all such coating s does not exceed 200 gallons per year, per facility;

f. Reflective coating applied to highway cones;

g. Mask coatings that are less than 0.5 millimeter thick (dried) and the area coated is less than 25 square inches;

h. EMI/RF shielding coatin gs; and

i. Heparin

- benzalkonium chloride (HBAC)

- contained coatings applied to medical devices, provided that the total usage of all such coatings does not exceed 100 gallons per year, per facility.

2. The application methods for provisions of this article do not apply to airbrush methods using 5 gallons or less per year of coating, however, VOC limits and work practices do apply.COMMONWEALTH OF VIRGINIA PAGE 18 of 36

STATE AIR POLLUTION CONTROL BOARD

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AND 40)



### G. For automotive/transportation and business machine plastic part coatings :

1. The VOC limits for provisions of thi s article do not apply to the following:

a. Texture coatings;

b. Vacuum metalizing coatings;

c. Gloss reducers;

d. Texture topcoats;

e. Adhesion primers;

f. Electrostatic preparation coatings;

g. Resist coatings; and

h. Ste ncil coatings.

2. Recommended application and work practices still apply to these coatings and coating operations.

H. For pleasure craft surface coating operations, VOC limits and work practices do apply to extreme high gloss coatings, however, recom mended application methods do not apply.

9VAC5

- 40

- 8820

. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meaning given them in
subsection C of this sectio n.

B. As used in this article, all terms not defined here shall have the meaning given
them in 9VAC5

- 10 ( General Definitions ), unless otherwise required by context.

C. Terms defined.

"A erospace coatings" means materials that are applied to the surfa ce of an aerospace vehicle or component to form a decorative, protective, or functional solidCOMMONWEALTH OF VIRGINIA PAGE 19 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### film, or the solid film itself at a facility that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.

"Air

- dried coating" means:

1. For general use, a coating that is cured at a temperature below 90°C (194°F).

2. For automotive/transportation and business machine use, a coating that is dried by the use of air or forced warm air at temperatures up to 90°C (194°F).

"Antifoulant coating" means any coating applied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms, and registered with the U.S. E nvironmental P rotection A gency (EPA) as a pesticid e under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136).

“Antifouling Sealer/Tie Coat " means any coating applied over b iocidal antifouling coating for the purpose of preventing release of biocides into the environment and/or to pro mote adhesion between an antifouling and a primer or other antifoulings.”

"Baked coating" means a coating that is cured at a temperature at or above 90°C (194°F).

"Black automotive coating" means a coating that meets both of the following criteria: ( i) maximum lightness of 23 units and (ii) saturation of less than 2.8, where saturation equals the square root of A2 + B2. These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, maximum lightness is 33 uni ts.

" Biocide" means a chemical substance or microorganism which can deter, render harmless, or exert a controlling effect on any harmful organism by chemical or biological means.

"Business machine" means a device that uses electronic or mechanical

me thods to process information, perform calculations, print or copy information or convert sound into electrical impulses for transmission, including devices listed in Standard Industrial Classification numbers 3572, 3573, 3574, 3579, and 3661 and photocopy machines, a subcategory of Standard Industrial Classification number 386 National American Industry Classification System (NAICS) codes 333318, 334111,COMMONWEALTH OF VIRGINIA PAGE 20 of 36

STATE AIR POLLUTION CONTROL BOARD

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AND 40)



### 339940, 334112, 334118, 334210, 334418, 334519, 334613 and p hotocopying equipment in 333316

.

"Camoufl age coating" means a coating used, principally by the military, to conceal equipment from detection.

"Clear coating" means:

1. For general use, a colorless coating that contains binders, but no pigment, and is formulated to form a transparent film.

2. For automotive/transportation and business machine use, a coating that lacks color and opacity or is transparent and that uses the undercoat as a
reflectant base or undertone color.

" Coating unit " means a series of one or more coating applicators and any associated drying area or oven wherein a coating is applied, dried, or cured. A coating unit ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary for a coating un it to have an oven
or flash

- off area.

"Drum" means any cylindrical metal shipping container larger than 12 gallons capacity but no larger than 110 gallons capacity.

"Electric dissipating coating" means a coating that rapidly dissipates a high

- voltag e electric charge.

"Electric

- insulating varnish" means a non

- convertible

- type coating applied to electric motors, components of electric motors, or power transformers, to provide electrical, mechanical, and environmental protection or resistance.

"EM F / RFI shielding" means a coating used on electrical or electronic equipment to provide shielding against electromagnetic interference, radio frequency interference , or static discharge.

"Etching filler" means a coating that contains less than 23% solid s by weight and at least 0 .5% acid by weight, and is used instead of applying a pretreatment coating followed by a primer.

"Extreme high

- gloss coating" means:COMMONWEALTH OF VIRGINIA PAGE 21 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### 1. For general use, a coating that, when tested by the American Society for Testing and Ma terials (ASTM) Standard Test Method for Specular Gloss (see 9VAC5

- 20

- 21) , shows a reflectance of 75 or more on a 60° meter.

2. For p leasure craft surface coating, any coating that achieves at least 95% reflectance on a 60° meter when tested by ASTM Sta ndard Test Method for Specular Gloss (see 9VAC5

- 20

- 21)

.

"Extreme performance coating" means a coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following:

1. Chronic exposure to corrosive, ca ustic or acidic agents, chemicals, chemical fumes, chemical mixtures or solutions;

2. Repeated exposure to temperatures in excess of 250°F; or

3. Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solve nts, cleansers or scouring agents.

Extreme performance coatings include, but are not limited to, coatings applied to locomotives, railroad cars, farm machinery, and heavy duty trucks.

"Fiberglass boat manufacturing materials" means materials utilized at facilities that manufacture hulls or decks of boats from fiberglass, or build molds to make fiberglass boat hulls or decks. Fiberglass boat manufacturing materials are not materials used at facilities that manufacture solely parts of boats (such as hatc hes, seats, or lockers) or boat trailers, but do not (i) manufacture hulls or decks of boats from fiberglass, or (ii) build molds to make fiberglass boat hulls or decks.

"Finish primer/surfacer" means a coating applied with a wet film thickness

of less then 10 mils prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier, or promotion of a uniform surface necessary for filling in surface imperfections.

"Flexible coating" means any coating that is required to comply with engineering specifications for impact resistance, mandrel bend, or elongation as defined by the original equipment manufacturer.

"Fog coat" means a coating that is applied to a plastic part for the purpo se of color matching without masking a molded

- in texture. A fog coat shall not be applied at a thickness of more than 0.5 mils of coating solids.COMMONWEALTH OF VIRGINIA PAGE 22 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### "Heat

- resistant coating" means a coating that must withstand a temperature of at least 400°F during normal use.

"High bake coating" means a coating that is designed to cure only at temperatures of more than 90°C (194°F).

"High build primer/surfacer" means a coating applied with a wet film thickness of 10 mils or more prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, or a moisture barrier, or promoting a uniform surface necessary for filling in surface imperfections.

"High gloss" means any coating that achieves at least 85% reflectance on a 60° meter when tested by ASTM Standard Test Method for Specular Gloss (see
9VAC5

- 20

- 21)

.

"High performance architectural coating" means a coating used to protect architectural subsections and that meets the requirements of the Architectural

Aluminu m Manufacturer Association's publication number AAMA 2604

- 05 (Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels) or 2605

- 05 (Voluntary Specification, Performance Re quirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels).

"High temperature coating" means a coating that is certified to withstand a temperature of 1000°F for 24 hours.

"Metallic coating" means a coa ting that contains more than 5 grams of metal particles per liter of coating as applied. "Metal particles" are pieces of a pure
elemental metal or a combination of elemental metals.

"Military specification coating" means a coating that has a formulation approved by a United States military a gency for use on military equipment.

"Miscellaneous metal parts and products" means a varied range of metal and plastic parts and products that are constructed either entirely or partially from metal or plastic. Th ese miscellaneous metal products and plastic parts include, but are not limited to, metal and plastic components of the following types of products as well as the products themselves: fabricated metal products, molded plastic parts, small and large farm ma chinery, commercial and industrial machinery and equipment, automotive or transportation equipment, interior or exterior automotive parts, constructionCOMMONWEALTH OF VIRGINIA PAGE 23 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational vehicles, pleasure craft (recreational boats), extruded aluminum structural components, railroad cars, heavier vehicles (as defined in 40 CFR 63.3176), lawn and garden equipment, business machines, laboratory and medical equipment, electronic equipment, steel drums, metal p ipes, and numerous other industrial and household products.

" Miscellaneous metal product and plastic parts coating " means coatings

that include paints, sealants, caulks, inks, and maskants (decorative, protective, or
functional materials that consist on ly of protective oils for metal, acids, bases, or any combination of these substances are not considered miscellaneous metal or plastic part coatings). The paints include several categories of primers, topcoats, and specialty coatings, typically defined by the coating’s function. The types of coating technologies used by miscellaneous metal product and plastic part surface coating facilities include higher solids, waterborne, and powder coatings, as well as conventional solvent

- borne coatings. Decorative, p rotective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances are not considered miscellaneous metal or plastic part coatings.

"Miscellaneous metal product and plastic parts surfa ce coating operation" means the application of surface coatings by the manufacturer of miscellaneous metal and plastic parts to the parts it produces, and by facilities that perform surface coating of miscellaneous metal and plastic parts on a contract bas is.

"Mold seal coating" means the initial coating applied to a new mold or a repaired mold to provide a smooth surface that, when coated with a mold release coating, prevents products from sticking to the mold.

"Motor vehicle bedliner" means a multi

- component coating, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to a cargo bed after the application of topcoat to provide additional durability and chip

resistance.

"Motor vehicle cavity wax" means a coating, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied into the cavities of the vehicle primarily for the purpose of enhancing corrosion protection.

"Motor vehicle deadener" means a coating, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to selected vehicle surfaces primarily for the purpose of reducing the sound of road noise in the passenger compartment.COMMONWEALTH OF VIRGINIA PAGE 24 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### "Motor vehicle gasket/sealing materia l" means a fluid, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to coat a gasket or replace and perform the same function as a gasket. Automobile and light

- duty truck gasket/gasket sealing material incl udes room temperature vulcanization (RTV)

seal material.

"Motor vehicle lubricating wax/compound" means a protective lubricating material, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to vehicle hub s and hinges.

"Motor vehicle sealer" means a high viscosity material, used at a facility that is not an automobile or light

- duty truck assembly coating facility, generally, but not always, applied in the paint shop after the body has received an electro deposition primer coating and before the application of subsequent coatings (e.g., primer

surfacer). The primary purpose of automobile and light

- duty truck sealer is to fill body joints completely so that there is no intrusion of water, gases or corrosive materials into the passenger area of the body compartment. Such materials are also referred to as sealant, sealant primer, or caulk.

"Motor vehicle trunk interior coating" means a coating, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to the trunk interior to provide chip protection.

"Motor vehicle underbody coating" means a coating, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to the

undercarr iage or firewall to prevent corrosion or provide chip protection.

"Multi

- colored coating" means a coating that exhibits more than one color when applied, and which is packaged in a single container and applied in a single coat.

"Multi

- component coati ng" means a coating requiring the addition of a separate reactive resin, commonly known as a catalyst or hardener, before application to form an acceptable dry film.

"One

- component coating" means a coating that is ready for application as

it comes out o f its container to form an acceptable dry film. A thinner, necessary to reduce the viscosity, is not considered a component.

"Optical coating" means a coating applied to an optical lens.COMMONWEALTH OF VIRGINIA PAGE 25 of 36

STATE AIR POLLUTION CONTROL BOARD

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AND 40)



### "Pan

- backing coating" means a coating applied to the surface of pots, pans, or other cooking implements that are exposed directly to a flame or other heating

elements.

"Paper, film and foil coating" means coating that is applied to paper, film, or foil surfaces in the manufacturing of several major product types fo r the following industry sectors: pressure sensitive tape and labels (including fabric coated for use in pressure sensitive tapes and labels); photographic film; industrial and decorative laminates; abrasive products (including fabric coated for use in abr asive products) ; and flexible packaging (including coating of non

- woven polymer substrates for use in flexible packaging). Paper and film coating also includes coatings applied during miscellaneous coating operations for several products including: corruga ted and solid fiber boxes; die

cut paper paperboard, and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifold business forms and related products; plastic aseptic packaging; and ca rbon paper and inked ribbons.

"Pleasure craft" means vessels that are manufactured or operated primarily for recreational purposes, or leased, rented, or chartered to a person or business for recreational purposes. The owner of such vessels shall be res ponsible for certifying that the intended use is for recreational purposes.

"Pleasure craft coating" means any marine coating, except unsaturated polyester resin (fiberglass) coatings, applied by brush, spray, roller, or other means to a pleasure craft.

"Prefabricated architectural component coatings" means coatings applied to metal parts and products that are to be used as an architectural structure.

"Pretreatment coating" means a coating that contains no more than 12% solids by weight, and at lea st 0 .5% acid s , by weight, is used to provide surface etching, and is applied directly to metal surfaces to provide corrosion resistance, adhesion, and ease of stripping.

"Pretreatment wash primer" means a coating that contains no more than 12% solids, b y weight, and at least 0 .5% acids, by weight; is used to provide surface etching; and is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings.

"Red automotive coating" means a coating that meets all of the following

criteria:COMMONWEALTH OF VIRGINIA PAGE 26 of 36

STATE AIR POLLUTION CONTROL BOARD

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AND 40)



### 1. Yellow limit: the hue of hostaperm scarlet.

2. Blue limit: the hue of monastral red

- violet.

3. Lightness limit for metallics: 35% aluminum flake.

4. Lightness limit for solids: 50% titanium dioxide white.

5. Solid reds: hue angle of

- 11 to 38 degrees and maximum lightness of 23 to 45 units.

6. Metallic reds: hue angle of

- 16 to 35 degrees and maximum lightness of 28 to 45 units.

These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, the upper limit is 49 units. The maximum lightness varies as the hue moves from violet to orange. This is a natural consequence of the strength of the colorants, and real colors show this effect.

"Repair coati ng" means a coating used to re

- coat portions of a previously coated product that has sustained mechanical damage to the coating following normal coating operations.

"Shock

- free coating" means a coating applied to electrical components to protect the use r from electric shock. The coating has characteristics of being of low capacitance and high resistance, and having resistance to breaking down under high voltage.

"Silicone release coating" means any coating that contains silicone resin

and is intended to prevent food from sticking to metal surfaces such as baking pans.

"Solar

- absorbent coating" means a coating that has as its prime purpose the absorption of solar radiation.

"Texture coating" means a coating that is applied to a plastic part that, in its finished form, consists of discrete raised spots of the coating.

"Topcoat" means any final coating applied to the interior or exterior of a pleasure craft.

"Touchup coating" means a coating used to cover minor coatingCOMMONWEALTH OF VIRGINIA PAGE 27 of 36

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AND 40)



### imperfections appearing a fter the main coating operation.

"Vacuum

- metalizing coating means:

1. For general use, the undercoat applied to the substrate on which the metal is deposited or the overcoat applied directly to the metal film. Vacuum metalizing/physical vapor deposi tion (PVD) is the process whereby metal is vaporized and deposited on a substrate in a vacuum chamber.

2. For automotive/transportation and business machine use, topcoats and basecoats that are used in the vacuum

- metalizing process.

"VOC" means vola ti l e organic compound.

"Wood furniture coatings" means protective, decorative, or functional films applied in thin layers to a surface used in the manufacture of wood furniture or wood furniture components. Such coatings include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels, inks, and temporary protective coatings.

9VAC5

- 40

- 8830

. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the

atmos phere from a coating application system any volatile organic compound in excess
of the limits contained in Tables 4

- 59 A through 4

- 59E . The VOC content limits are mass VOC per gallon of coating less water and exempt solvents, and are based on low

- VOC

coatin gs. If more than one emission limitation in this subsection applies to a specific coating, then the least

- stringent emission limitation shall be applied.

TABLE 4

- 59A.
METAL PARTS AND PRODUCTS VOC CONTENT LIMITS

Coating Category Air

- dried Coating Baked C oating kg VOC/l coating lb VOC/gal coating kg VOC/l coating lb VOC/gal coating

General one

c omponent 0.34 2.8 0.28 2.3

General m ulti

c omponent 0.34 2.8 0.28 2.3

Camouflage 0.42 3.5 0.42 3.5

Electric

- i nsulating

v arnish 0.42 3.5 0.42 3.5

Etching f ill er 0.42 3.5 0.42 3.5COMMONWEALTH OF VIRGINIA PAGE 28 of 36

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AND 40)

Extreme h igh

- g loss 0.42 3.5 0.36 3.0

Extreme

p erformance 0.42 3.5 0.36 3.0

Heat

- r esistant 0.42 3.5 0.36 3.0 High performance

a rchitectural ] 0.74 6.2 0.74 6.2

High t emperature 0.42 3.5 0.42 3.5

Metallic 0.42 3.5 0.42 3.5 Military s pecification 0.34 2.8 0.28 2.3

Mold s eal 0.42 3.5 0.42 3.5

Pan

- b acking 0.42 3.5 0.42 3.5

Prefabricated

architectural m ulti

c omponent 0.42 3.5 0.28 2.3

P refabricated

architectural o ne

c omponent 0.42 3.5 0.28 2.3

Pretreatment

c oatings 0.42 3.5 0.42 3. 5

Repair and t ouch

- u p 0.42 3.5 0.36 3.0

S ilicone r elease 0.42 3.5 0.42 3.5

Solar

- a bsorbent 0.42 3.5 0.36 3.0

Vacuum

- m etalizing 0.42 3.5 0.42 3.5 Drum coating, new,

e xterior 0.34 2.8 0.34 2.8

Drum coating, new,

i nterior 0.42 3.5 0.42 3.5

Drum coatin g, reconditioned,

e xterior 0.42 3.5 0.42 3.5

Drum coating, reconditioned,

i nterior 0.50 4.2 0.50 4.2



### TABLE 4

- 59B. PLASTIC PARTS AND PRODUCTS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

General one c omponent 0.28 2.3

G eneral m ulti

- c omponent 0.42 3.5

Electric d i ssipating and s hock

free 0.80 6.7

Extreme p erformance 0.42 (2

- pack coatings /m ulti

component) 3.5 (2

- pack coatings /m ulti

component)

Metallic 0.42 3.5 Military s pecification 0.34 (1 pack /1 component) 0.42 (2 pa ck /multi

- component) 2.8 (1 pack /1 component) 3.5 (2 pack /multi

- component)COMMONWEALTH OF VIRGINIA PAGE 29 of 36

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AND 40)

Mold s eal 0.76 6.3

Multi

- colored 0.68 5.7 Optical 0.80 6.7

Vacuum

- m etalizing 0.80 6.7



### TABLE 4

- 59 C . AUTOMOTIVE/TRANSPORTATION AND BUSINESS MACHINE

PLASTIC PARTS VOC CONTENT LIMI TS

Coating Category kg VOC/liter coating lbs VOC/gal coating Automotive/Transportation Coatings (For red, yellow, and black automotive coatings, except touch up and repair coatings, the recommended limit is determined by multiplying the appropriate limit in this table by 1.15.) I. High Bake Coatings

- Interior and Exterior Parts

Flexible 0.54 4.5

Nonflexible 0.42 3.5

Base c oat ing 0.52 4.3

Clear c oat ing 0.48 4.0

Non

- basecoat/clear coat 0.52 4.3

II. Low Bake/Air

- d ried Coatings

- Exterior Parts

Prime rs 0.58 4.8

Base c oat ing 0.60 5.0

Clear c oating : 0.54 4.5

Non

- base coat/clear coat 0.60 5.0

III. Low Bake/Air

- d ried Coatings

- Interior Parts 0.60 5.0

IV. Touchup and Repair Coatings 0.62 5.2 Business Machine Coatings

I. Primers 0.35 2.9 II. Topcoa t 0.35 2.9

III. Texture Coat 0.35 2.9 IV. Fog Coat 0.26 2.2 V. Touchup and R epair 0.35 2.9



### TABLE 4

- 59D. PLEASURE CRAFT SURFACE COATING VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating Extreme high gloss t op coa t 0.60 5.0 High gloss t opcoat 0.42 3.5

Pretreatmen t wa sh p rimers 0.78 6.5 Finish primer/s urfacer 0.42 3.5 High build p rimer

/ s urfacer 0.34 2.8

Aluminum substrate antifoulant

c oating 0.56 4.7

Antifouling sealer/tie c oat 0.42 3.5

Other substrate antifoulant 0.33 2.8COMMONWEALTH OF VIRGINIA PAGE 30 of 36

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AND 40)

c oati ng All other pleasure craft surface coatings for metal or plastic 0.42 3.5



### TABLE 4

- 59E. MOTOR VEHICLE MATERIALS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating Motor vehicle cavity wax 0.65 5.4

Motor vehicle sea ler 0.65 5.4

Motor vehicle deadener 0.65 5.4 Motor vehicle gasket/gasket sealing material 0.20 1.7

Motor vehicle underbody coating 0.65 5.4

Motor vehicle trunk interior coating 0.65 5.4

Motor vehicle bedliner 0.20 1.7 Motor vehicle lubricating
wax/co mpound 0.70 5.8



### B. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess
of the limits contained in Tables 4

- 59F through 4

- 59I. The emission rate limits are based

on low

- VOC coatings and add

- on controls on a VOC per volume solids basis

. If more than one emission limitation in this subsection applies to a specific coating, then the least stringent emission limitation shall be applied.

TABLE 4

- 59F.

METAL P ARTS AND PRODUCTS VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category Air

- d ried Baked kg VOC/l solids lb VOC/gal

solids Kg VOC/l solids lb VOC/gal

solids

General one c omponent 0.54 4.52 0.40 3.35

General m ulti

- c omponent 0.54 4.52 0.40 3 .35 Camouflage 0.80 6.67 0.80 6.67

Electric

- i nsulating v arnish 0.80 6.67 0.80 6.67 Etching f iller 0.80 6.67 0.80 6.67 Extreme high

- g loss 0.80 6.67 0.61 5.06 Extreme p erformance 0.80 6.67 0.61 5.06

Heat

- r esistant 0.80 6.67 0.61 5.06 High p erformance

a rchitectural 4.56 38.0 4

. 56 38.0

High t emperature 0.80 6.67 0.80 6.67COMMONWEALTH OF VIRGINIA PAGE 31 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)

Metallic 0.80 6.67 0.80 6.67 Military s pecification 0.54 4.52 0.40 3.35

Mold

- s eal 0.80 6.67 0.80 6.67

Pan

- b acking 0.80 6.67 0.80 6.67

Prefabricated a rchitectural

Multi

- c omponent 0 .80 6.67 0.40 3.35

Prefabricated architectural

o ne

- c omponent 0.80 6.67 0.40 3.35

Pretreatment c oatings 0.80 6.67 0.80 6.67

Silicone r elease 0.80 6.67 0.80 6.67

Solar

- a bsorbent 0.80 6.67 0.61 5.06

Vacuum

- m etalizing 0.80 6.67 0.80 6.67 Drum coating, n ew, e xterior 0.54 4.52 0.54 4.52 Drum coating, new, i nterior 0.80 6.67 0.80 6.67 Drum coating, reconditioned,

e xterior 0.80 6.67 0.80 6.67

Drum coating, reconditioned,

i nterior 1.17 9.78 1.17 9.78



### TABLE 4

- 59G.
PLASTIC PARTS AND PRODUCTS VOC EMISSION R ATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

General one c omponent 0.40 3.35

General m ulti

- c omponent 0.80 6.67

Electric d issipating coatings and

shock

- f ree 8.96 74.7

Extreme p erformance 0.80 (2

- pack coatin gs /multi

component ) 6.67 (2

- pack coatings /multi

component )

Metallic 0.80 6.67 Military s pecification 0.54 (1 pack /1 component ) 0.80 (2 pack / multi

- component 4.52 (1 pack /1 component ) 6.67 (2 pack /multi

- component )

Mold s eal 5.24 43.7

Multi

- colored 3.04 2 5.3 Optical 8.96 74.7

Vacuum

- m etalizing 8.96 74.7



### TABLE 4

- 59H.
AUTOMOTIVE/TRANSPORTATION AND BUSINESS MACHINE PLASTIC PARTS
VOC EMISSION RATE LIMITS (VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solidsCOMMONWEALTH OF VIRGINIA PAGE 32 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)

Automotive/Transporta tion Coatings (For red, yellow, and black automotive coatings, except touch up and repair coatings, the recommendedlimit is determined by multiplying the appropriate limit in this table by 1.15.) I. High Bake Coatings

- Interior and Exterior Parts

Flexib le p rimer 1.39 11.58 Nonflexible p rimer 0.80 6.67

Base c oats 1.24 10.34

C lear c oat 1.05 8.76

Non

- basecoat/clear coat 1.24 10.34

II. Low Bake/Air

- d ried Coatings . Exterior Parts

Primers 1.66 13.80

Basecoat 1.87 15.59

Clear coat 1.39 11.58

Non

- bas ecoat/clear coat 1.87 15.59

III. Low Bake/Air

- d ried Coatings

- Interior Parts 1.87 15.59

IV. Touchup and Repair Coatings 2.13 17.72 Business Machine Coatings

I. Primers 0.57 4.80 II. Topcoat 0.57 4.80

III. Texture Coat 0.57 4.80 IV. Fog Coat 0.38 3. 14 V. Touchup and R epair 0.57 4.80



### TABLE 4

- 59I.
PLEASURE CRAFT SURFACE COATING VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

Extreme h igh

- g loss t opcoat 1.88 15.6 High gloss t opcoat 0.80 6.7 Pretreatment wash p rimer 6.67 55.6 Finish primer/s urfacer 0.80 6.7 High build primer s urfacer 0.55 4.6

Aluminum substrate antifoulant

c oating 1.53 12.8

Antifouling sealer/tie c oat 0. 8 6.7

Other substrate antifoulant

c oating 0.53 4.4

All other pleasur e craft surface coatings for metal or plastic 0.80 6.7



### C. Should product performance requirements or other needs dictate the use of higher

- VOC materials than those that would meet the emission limits of subsections A
and B of this section , a n affected f acility may opt to use add

- on control equipment withCOMMONWEALTH OF VIRGINIA PAGE 33 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### an o verall control efficiency of 90% in lieu of using low

- VOC coatings and required application methods in subsection E of this section

. A dd

- on devices include but are not

limited to oxidizers, adsorbers , absorbers, and concentrators. Add

- on devices coupled with capture systems to collect the VOC being released at the affected facilities shall achieve an overall control efficiency of no less than 90 %

.

D . In addition to the emissions limitations describe d in subsections A through C

of this section

, the following w ork practices for storage, mixing operations, and handling operations for coatings, thinners, and coating

- related waste materials shall be utilized:

1

. All VOC

- containing coatings, thinners, a nd coating

- related waste

materials shall be stored in closed containers

.

2. M ixing and storage containers used for VOC

- containing coatings, thinners, and coating

- related waste materials shall be kept closed at all times except when depositing or removin g these materials

.

3. S pills of VOC

- containing coatings, thinners, and coating

- related waste

materials shall be minimized.

4. VOC

- containing coatings, thinners, and coating

- related waste materials shall be conveyed from one location to another in clo sed containers or pipes.

E

. In addition to the w ork p ractices described in subsection D, the following work practices for cleaning m aterials

, used to clean surfaces before coating (surface preparation) and to clean application equipment between coating j obs, shall be utilized:

1 . A ll VOC

- containing cleaning materials and used shop towels shall be

stored in closed containers

.

2. S torage containers used for VOC

- containing cleaning materials shall be kept closed at all times except when depositing or r emoving these materials

3

. S pills of VOC

- containing cleaning materials shall be minimized.

4

. VOC

- containing cleaning materials shall be conveyed from one location to another in closed containers or pipes

5

. VOC emission s from cleaning of applicat ion, storage, mixing, and conveying equipment shall be minimized by ensuring that equipment cleaning is performed without atomizing the cleaning solvent

, and all spent solvent is captured inCOMMONWEALTH OF VIRGINIA PAGE 34 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### closed containers.

F. One or more of the following application techniques shall be used to apply any
finish material listed in Tables 4

- 59A through 4

- 59I:

1. Flow/curtain coating;

2. Dip coating;

3. Roller coating;

4. Brush coating;

5. Electrodeposition coating;

6. High volume low pressure (HVL P) spraying;

7. Electrostatic spray;

8. Airless spray;

9. Air

- assisted airless spray, or

10. Other coating application methods that achieve emission reductions equivalent to or greater than those achieved by HVLP or electrostatic spray appl ication

methods.

9VAC5

- 40

- 88 4 0

. Standard for visible emissions.

The provisions of Article 1 (9VAC5

- 40

- 60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 885 0

. Standard for fugit ive dust/emissions.

The provisions of Article 1 (9VAC5

- 40

- 60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 886 0

. Standard for odor.

The provisions of Article 2 (9 VAC 5

- 40

- 130 et seq.) of this chapter (Emission Standards for Odor, Rule 4

- 2) apply.COMMONWEALTH OF VIRGINIA PAGE 35 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### 9VAC5

- 40

- 887 0

. Standard for toxic pollutants.

The provisions of Article 4 of 9VAC5

- 60 ( Hazardous Air Pollutant Sources ) apply.

9VAC5

- 40

- 888 0

. Compliance.

A. The provisions of 9V AC5

- 40

- 20 (Compliance) apply.

B. Compliance may be demonstrated (i) on a mass VOC per gallon of coating less water and exempt solvents basis under 9VAC5

- 40

- 8830 A, (ii) on a mass VOC per
volume of solids basis under 9VAC5

- 40

- 8830 B, or (iii) the overall control basis under
9VAC5

- 40

- 8830 C.

C. The emission standards in 9VAC5

- 40

- 8830A and 9VAC5

- 40

- 8830B apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

D. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable emission

s tandards in 9VAC5

- 40

- 8830B and the procedures of 9VAC5

- 20

- 121.

9VAC5

- 40

- 8890 . Compliance schedule.

The owner shall comply with the provisions of this article as expeditiously as possible but in no case later than February 1, 2017

.

9VAC5

- 40

- 8900

. Test m ethods and procedures.

The provisions of 9VAC5

- 40

- 30 (Emission Testing) apply.

9VAC5

- 40

- 8910

. Monitoring.

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8920

. Notification, records and reporting.

The provisions of 9VAC5

- 40

- 50 (Notificat ion, Records and Reporting) apply.

9VAC5

- 40

- 8930

. Registration.COMMONWEALTH OF VIRGINIA PAGE 36 of 36

STATE AIR POLLUTION CONTROL BOARD

REGU LATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER S 20

AND 40)



### The provisions of 9 VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8940

. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5

- 20

- 180 (Facility and Control Equipm ent Maintenance or Malfunction) apply.

9VAC5

- 40

- 8950

. Permits.

A permit may be required prior to beginning any of the activities specified in this

section and the provisions of 9VAC5

- 50 ( New and Modified Stationary Sources ) and
9VAC 5

- 80 ( Permits for Sta tionary Sources ) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (re

- startup) of a facility.

REG \ DEV

\ E 09

- REG

- FIN .DOC

### 1 ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH
STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the following information regarding public participation activities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR Part 51.102(a), t he public was given notice of the opportunity to

submit written comments and attend a public hearing concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan. The notice was provided in

the Washington Times (for the Nationa l Capital Interstate Air Quality Control Region ), along with the location of the proposal for public inspection, on January 12, 2015

. The attached copy of the notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 51.

As requ ired by 40 CFR 51.102(a), the hearing to accept public comment concerning the proposed revision was held at the Department of Environmental Quality, Northern Virginia Regional Office, 13901 Crown Court , Woodbridge Virginia , at 11:00 a

. m

. on February 26, 20 15

. As required by 40 CFR 51.102(f) and Section 2.1(g) of Appendix V of 40 CFR Part 51, the hearing was held in accordance with the information found in the public notice, and according to the state's laws and the requirements of 40 CFR 51.102

.

The Regional Administrator for the U.S. Environmental Protection Agency was notified of the hearing, as was each local air pollution control agency which will be significantly
affected by the revision and is located in the affected Air Quality Control Regi ons. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Control Regions with Virginia, were notified of the hearing. These notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and ( 5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation

amendments were published in the Virginia Register of Regulations on November 30,

2015 after being duly adopted by the Stat e Air Pollution Control Board on June 19,

2015 , certified by the Office of the Attorney General as within the Board’s statutory authority on June 22, 2015 and thus fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of t he Board by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation on October 29, 2015

,

### 2

providing the evidence required by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51. As required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual regulation submitted for approval and incorporation by reference into the Commonwealth of Virginia State Implementation Plan is attached, along with the
effective date of February 1, 2016

.

Only those pro visions of the final regulation which are not marked out on the attached copy are to be considered part of the Virginia State Implementation Plan.

TEMPLATES \ SIP

- REG \ REG02

- PH

- N
SIP \ NONATTN PLANS \ 201 6 \ E 09

- SIP

- 2.DOC

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

795 cleaning solvent and by capturing all spent solvent in

closed containers.

5. The application of adhesives and adhesive primers applied with a handheld, dis posable can that is pressured and that dispenses an adhesive or adhesive primer by means of a propellant shall not be subject to the application method limits and controls found in subdivisions 1, 2, and 4 of this subsection but shall be subject to the wor k practices found in subdivisions 3 and 4 of this subsection.

9VAC5

- 40

- 8690. Standard for visible emissions.

The provisions of Article 1 (9VAC5

- 40

- 60 et seq.) of Part II

of 9VAC5

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8700. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5

- 40

- 60 et seq.) of Part

II of 9VAC5

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8710. Standard for odor.

The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of Part

II of 9VAC

- 40 (Existing Stationar y Sources) apply.

9VAC5

- 40

- 8720. Standard for toxic pollutants.

The provisions of Article 4 (9VAC5

- 60

- 200 et seq.) of Part

II of 9VAC5

- 60 (Hazardous Air Pollutant Sources) apply.

9VAC5

- 40

- 8730. Compliance.

A. The provisions of 9VAC5

- 40

- 20 (Compliance) app ly.

B. The emission standards in 9VAC5

- 40

- 4330 apply to coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Suc h averaging shall not exceed

24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of VOCs per gallon solids or pounds of VOCs per gallon solids applied according to the applicable procedure in

9VAC5

- 20

- 121. Compliance may also be based on transfer efficiency greater than the baseline transfer efficiency of

9VAC5

- 40

- 8680 B if demonstrated by methods acceptable to

the board according to the applicable procedure in 9VAC5

- 20

- 121.

9VAC5

- 40

- 8740. Compliance schedule.

The owner shall comply with the provisions of this article as expeditiously as possible but in no case later than (insert date one year after the effective date of this article).

9VAC5

- 40

- 8750. Test methods and procedures.

The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.

9VAC5

- 40

- 8760. Monitoring.

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8770. Notification, records, and reporting.

The provis ions of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. 9VAC5

- 40

- 8780. Registration.

The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8790. Facility and control equipment

maintenance or malfunction.

The provisions of 9VAC5

- 20

- 180 (Facility and control equipment maintenance or malfunction) apply.

9VAC5

- 40

- 8800. Permits.

A permit may be required prior to beginning any of the activities specified in this section if the provisions of 9VAC5

- 50 (New and Modified Stationary S ources) and 9VAC5

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Recon struction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (re

- startup) of a facility.

6. Operation of a facility.

VA.R. Doc. No. R10

- 2124; Filed D ecember 18, 2014, 8:07 a.m.

Proposed Regulation

Titles of Regulations: 9VAC5

- 20. General Provisions (Rev. E09) (amending 9VAC5

- 20

- 21).

9VAC5

- 40. Existing Stationary Sources (Rev. E09) (amending 9VAC5

- 40

- 4760; adding 9VAC5

- 40

- 8810 through 9VAC5

- 40

- 8950).

Statutory Authority: § 10.1

- 1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Public Hearing Information:

February 26, 2015

- 11 a.m.

- Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193

Public Comment Deadline: March 13, 2015.

Agency Con tact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4423, FAX (804)

698

- 4510, or email mary.major@deq.virginia.gov.

Basis: Section 10.1

- 1308 of the Virginia Air Pollution

Co ntrol Law, Chapter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia, authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health

and welfare.

Specific Federal Requirements.

Ground

- level ozone is an air pollutant that forms when volatile organic compounds (VOCs) and nitrogen oxides

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

796 (NO X ) interact with sunlight. The national standard for ozone measured over an eight

- hour period was promulgated by the U.S. Environmental Protection Agency (EPA) on July 18, 1997 (62 FR 38856), at a level of 0.08 parts per million (ppm).

Once EPA establishes a national standard for ozone, it must then designate areas that do not attain the standard (nonattainment ar eas). In turn, states must develop plans (state implementation plans or SIPs), including regulations,

which will enable nonattainment areas to attain and maintain

the standard.

40 CFR Part 81 specifies the designations of areas made under § 107(d) of the f

ederal Clean Air Act and the associated nonattainment classification under § 181 of the Act or 40 CFR 51.903(a). Virginia's designations are in 40 CFR 81.347. On April 30, 2004 (69 FR 23858), EPA published designations for 0.08 ppm eight

- hour ozone nonatta inment

areas and associated classifications.

On April 30, 2004 (69 FR 23951), EPA promulgated phase 1 of a final rule adding Subpart X to 40 CFR Part 51. Subpart X contains the provisions for the implementation of the eight

hour ozone NAAQS, along with ass ociated planning requirements. Specifically, 40 CFR 51.903(a) sets forth the classification criteria and nonattainment dates for eight

- hour ozone nonattainment areas once they are designated as such under 40 CFR Part 81. The remainder of the planning requi rements (phase 2) were published on November 29, 2005 (70 FR 71612).

In order to implement the control measures needed to attain and maintain ozone air quality standard, Virginia has

established VOC and NO X emissions control areas. These

areas were created to provide a legal mechanism for defining geographic areas in which to implement certain control

measures in the nonattainment areas. The emissions control areas may or may not coincide with the nonattainment areas, depending on regional planning requirem ents.
Section 172(c)(1) of the Act provides that SIPs for nonattainment areas must include "reasonably available control measures" (RACM), including "reasonably available control techniques" (RACT), for sources of emissions. Section 182(b)(2) provides that for c ertain nonattainment areas, states must revise their SIPs to include RACT for sources of VOC emissions covered by a control techniques guidelines document (CTG) issued after November 15, 1990 and prior to the areas date of attainment.

Section 183(e) direc ts EPA to list for regulation those categories of products that account for at least 80% of the VOC emissions from commercial products in ozone nonattainment areas. EPA issued such a list on March 23, 1995, and has revised the list periodically. RACT contr ols for listed source categories controlled by a CTG are known as

CTG RACTs. A CTG RACT has been issued for miscellaneous metal and plastic parts coating operations (October 7, 2008, 73 FR 58481). Therefore, states with moderate ozone nonattainment areas m ust implement this CTG RACT as part of their attainment SIP.

General Federal Requirements.

Sections 109(a) and (b) of the federal Clean Air Act require EPA to prescribe primary and secondary air quality standards to protect public health and welfare. Thes e standards are known as the National Ambient Air Quality Standards (NAAQS). Section 109 (c) requires EPA to prescribe such standards simultaneously with the issuance of new air quality criteria for any additional air pollutant. The primary and secondary a ir quality criteria are authorized for promulgation

under 108.

Once the NAAQS are promulgated pursuant to § 109, § 107(d) sets out a process for designating those areas that are in compliance with the standards (attainment or unclassifiable) and those that are not (nonattainment).

Governors make the initial recommendations but EPA makes the final decision. Section 107(d) also sets forth the process for redesignations once the nonattainment areas are in compliance with the applicable NAAQS.

Section 110(a) of the Act mandates that each state adopt and submit to EPA a plan which provides for the implementation, maintenance, and enforcement of each primary and secondary air quality standard within each air quality control region in the state. The state implement ation plan (SIP) must include provisions to accomplish, among other tasks, the following:

1. Establish enforceable emission limitations and other control measures as necessary to comply with the Act;

2. Establish schedules for compliance;

3. Prohibit emiss ions which would contribute to

nonattainment of the standards or interference with maintenance of the standards by any state; and

4. Require sources of air pollution to install, maintain, and replace monitoring equipment as necessary and to report periodic ally on emissions

- related data.

40 CFR Part 50 specifies the NAAQS for sulfur dioxide, particulate matter, carbon monoxide, ozone, nitrogen dioxide,

and lead.

40 CFR Part 51 sets out requirements for the preparation, adoption, and submittal of SIPs. These requirements mandate that any such plan must include certain provisions, including

those summarized below.

Subpart G (Control Strategy) specifies the description of control measures and schedules for implementation, the description of emissions reductions estimates sufficient to attain and maintain the standards, time periods for demonstrations of the control strategy's adequacy, an emissions inventory, an air quality data summary, data availability, special requirements for lead emissions, stack height pro visions, and intermittent control systems.

Subpart K (Source Surveillance) specifies procedures for emissions reports and recordkeeping, procedures for testing,

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

797 inspection, enforcement, and complaints, transportation control measures, and procedures for co ntinuous emissions monitoring.

Subpart L (Legal Authority) specifies the requirements for legal authority to implement plans. Section 51.230 under Subpart L specifies that each SIP must show that the state has the legal authority to carry out the plan, inc luding the authority to perform the following actions:

1. Adopt emission standards and limitations and any other measures necessary for the attainment and maintenance of the national ambient air quality standards;

2. Enforce applicable laws, regulations, a nd standards, and seek injunctive relief;

3. Abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health of persons;

4. Prevent construction, modification, or operation of a facility, building, structure, or installati on, or combination thereof, which directly or indirectly results or may result in emissions of any air pollutant at any location which will prevent the attainment or maintenance of a national standard;

5. Obtain information necessary to determine whether a ir pollution sources comply with applicable laws, regulations, and standards, including authority to require recordkeeping and to make inspections and conduct tests of air pollution

sources; 6. Require owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the state on the nature and amounts of emissions from such stationary sources; and

7. Make emissions data available to the public as reported and as correlated with any applicabl e emission standards or

limitations.

Section 51.231 under Subpart L requires the identification of legal authority: (i) the provisions of law or regulation which the state determines provide the authorities required under this section must be specifically identified, and copies of such laws or regulations must be submitted with the plan; and (ii) the plan must show that the legal authorities specified in this subpart are available to the state at the time of submission of the plan.

Subpart N (Compliance Sch edules) specifies legally enforceable compliance schedules, final compliance schedule dates, and conditions for extensions beyond one year.

Part D describes how nonattainment areas are established, classified, and required to meet attainment. Subpart 1

pro vides the overall framework of what nonattainment plans are to contain, while Subpart 2 provides more detail on what is required of areas designated nonattainment for ozone.

Section 171 defines "reasonable further progress," "nonattainment area," "lowest a chievable emission rate," and

"modification." Section 172(a) authorizes EPA to classify nonattainment areas for the purpose of assigning attainment dates. Section 172(b) authorizes EPA to establish schedules for the submission of plans designed to achieve attainment by the specified dates. Section 172(c) specifies the provisions to be included in each attainment plan, as follows:

1. Implementation of all reasonably available control measures as expeditiously as practicable and provide for

the attainment of the national ambient air quality standards;

2. Reasonable further progress;

3. A comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutants in the nonattainment area;

4. Identification and quantification of allowable emissions

from the construction and modification of new and modified major stationary sources in the nonattainment

area; 5. A requirement for permits for the construction and operations of new and modified major stationary sources in

the nonattai nment area;

6. Inclusion of enforceable emission limitations and such other control measures (including economic incentives such as fees, marketable permits, and auctions of emission rights) as well as schedules for compliance;

7. If applicable, the propos al of equivalent modeling, emission inventory, or planning procedures; and

8. Inclusion of specific contingency measures to be

undertaken if the nonattainment area fails to make reasonable further progress or to attain the national ambient air quality stan dards by the attainment date.

Section 172(d) requires that attainment plans be revised if EPA finds inadequacies. Section 172(e) authorizes the issuance of requirements for nonattainment areas in the event of a relaxation of any national ambient air qualit y standard. Such requirements must provide for controls which are not less stringent than the controls applicable to these same areas

before such relaxation.

Section 107(d)(3)(D) provides that a state may petition EPA to redesignate a nonattainment area as attainment and EPA may approve the redesignation subject to certain criteria being met. Section 107(d)(3)(E) stipulates one of these criteria, that EPA must fully approve a maintenance plan that meets the requirements of § 175A. According to § 175A(a),

th e maintenance plan must be part of a SIP submission, and must provide for maintenance of the NAAQS for at least 10 years after the redesignation. The plan must contain any

additional measures needed to ensure maintenance. Section 175A(b) further requires t hat eight years after redesignation, a maintenance plan for the next 10 years must then be submitted. As stated in § 175A(c), nonattainment requirements continue to apply until the SIP submittal is approved. Finally, § 175A(d) requires that the maintenance plan contain contingency provisions which will be

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

798 implemented should the area fail to maintain the NAAQS as provided for in the original plan.

Under Part D, Subpart 2, § 181 sets forth the classifications

and nonattainment dates for 1

- hour ozone nonattain ment areas once they are designated as such under § 107(d).

Section 182(a)(2)(A) requires that the existing regulatory program requiring reasonably available control technology (RACT) for stationary sources of VOCs in marginal

nonattainment areas be correc ted by May 15, 1991, to meet the minimum requirements in existence prior to the enactment of the 1990 amendments. EPA has published control techniques guidelines (CTGs) for various types of sources, thereby defining the minimum acceptable control measure o r RACT for a particular source type.

Section 182(b) requires stationary sources in moderate nonattainment areas to comply with the requirements for sources in marginal nonattainment areas. The additional, more comprehensive control measures in § 182(b)(2)( A) require that each category of VOC sources employ RACT if the source is covered by a CTG document issued between

enactment of the 1990 amendments and the attainment date for the nonattainment area. Section 182(b)(2)(B) requires that existing stationary s ources emitting VOCs for which a CTG existed prior to adoption of the 1990 amendments also employ RACT.

40 CFR Part 81 specifies the designations of areas made under § 107(d) of the Act and the associated nonattainment classification (if any) under § 181 o f the Act or 40 CFR 51.903(a), as applicable. Subpart X to 40 CFR Part 51 contains the provisions for the implementation of the eight

hour ozone NAAQS, along with associated planning requirements. Specifically, 40 CFR 51.903(a) sets forth the

classificatio n criteria and nonattainment dates for 8

- hour ozone nonattainment areas once they are designated.

State Requirements.

These specific amendments are not required by state mandate. Rather, Virginia's Air Pollution Control Law gives the State

Air Pollution C ontrol Board the discretionary authority to promulgate regulations "abating, controlling and prohibiting air pollution throughout or in any part of the Commonwealth" (§ 10.1

- 1308 A of the Code of Virginia). The law defines such air pollution as "the presen ce in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfere with the enjoyment by the people or life or propert y" (§ 10.1

- 1300 of the Code of Virginia).

Purpose: The purpose of the proposed action is to adopt new standards for the control of volatile organic compound (VOC) emissions from miscellaneous metal and plastic parts coating operations within the Northern V irginia VOC Emissions Control Area. This action is being taken to allow Virginia to meet its obligation to implement control measures in areas designated as nonattainment under the 0.08 parts per million (ppm) eight

- hour ozone standard. It will contribute to the reduction of ozone air pollution, and thereby improve public

health and welfare.

Substance:

1. An applicability section is established, which specifies the affected source population.

2. Definitions of terms used in the rule are provided.

3. A stan dard for VOC emissions is established, along with provisions for achieving the standard.

4. Standard provisions are provided for visible emissions; fugitive dust/emissions; odor; toxic pollutants; compliance; a compliance schedule; test methods and procedu res; monitoring; notification, records and reporting; registration; facility and control equipment maintenance or malfunction; and permits.

Issues: The primary advantage to the general public is the reduction of VOC air pollution, which has a negative effe ct on public health and welfare. Regulated sources may realize cost savings through more effective application procedures and practices. There are no disadvantages to the public.

The primary advantages to the department are that the adoption of these regul ations will allow Virginia to attain and maintain air quality standards and improve public health of Virginians. The primary disadvantage to the department is the potential for an increased compliance cost to administer the new regulations.

Department of P lanning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The State Air Pollution Control Board (Board) proposes to amend its existing air pollution regulations to add new standards for the control of volatile organic compound (VOC) emissions from industrial solvent miscellaneous metal and plastic parts coating processes within the Northern Virginia VOC Emissions Control Area. The Board also proposes to update references to the Code of Federal Regulations (CFR).

Result of Analysis. Because the Department of Environmental Quality (DEQ) does not know with any degree of certainty how many entities these regulatory changes will affect, there is likely insufficient information to decide if benefits outweigh costs.

Estimated Economic Impact. Currently, the Board's air pollution control regulations do not include rules for the control of volatile organic compound (VOC) emissions from industrial solvent cleaning operations and miscellaneous industrial adhesive application proces ses. The Board proposes to add rules that are partially new and partially taken from the already promulgated consumer products rules. For cleaning materials, the parts of these rules that are completely new require businesses to 1) store cleaning materials and used shop towels in closed containers which are required to remain closed except when cleaners or towels are added or removed, 2) minimize spills of VOC containing cleaners, 3) move VOC

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

799 containing cleaners from one place to another in closed

container s or pipes and 4) clean equipment without atomizing the cleaners and capture all spent solvent in closed containers. For coatings, thinners, and coating

- related waste materials, the parts of these rules that are completely new require businesses to 1) stor e all VOC containing coatings, thinners, and coating

- related waste materials in closed containers which are required to remain closed except when materials are being added or removed 2) minimize spills of VOC containing coatings, thinners, and coating

- rela ted waste materials and 3) move VOC containing coatings, thinners, and coating

- related waste materials from one place to another in closed containers or pipes.

DEQ will incur costs associated with promulgating these new

rules that include the cost of ident ifying and registering affected businesses. DEQ estimates that these costs will total between $12,144 and $48,576. Affected businesses may incur costs for potentially more expensive low VOC products and, on rarer occasions, for control equipment. DEQ estim ates that these costs would add to approximately $265 per ton of VOC but believe that these costs will be partially or completely offset by savings that businesses will see on account of decreased evaporation of their cleaning or adhesive products. In any case, the Environmental Protection Agency (EPA) is requiring Virginia to promulgate these regulations under threat of loss of highway funding so one of the benefits of this regulatory action will be the preservation of that highway funding.

Businesses and Entities Affected. DEQ reports that it is impossible to know how many businesses will be affected by these regulations. Given that the products that will be regulated have many applications, there are likely numerous

businesses that will be affected. Becau se these rules will be new, many affected businesses will not have had to register with, or get a permit from, the Board before.

Localities Particularly Affected. Localities in the Northern Virginia non

- attainment area (the counties of Arlington, Fairfax, Loudon, Prince William and Stafford as well as the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park) will be particularly affected by this proposed regulatory action.

Projected Impact on Employment. This regulatory action will

likel y have little impact on employment in the

Commonwealth.

Effects on the Use and Value of Private Property. This regulatory action will likely have little effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other E ffects. Affected small businesses may incur costs from having to change the coating products that they use or, in rare instances, from having to purchase control equipment. DEQ believes that these costs will be offset by savings that businesses will realiz e from losing less product to evaporation. Small Businesses: Alternative Method that Minimizes Adverse Impact. There do not appear to be any alternate

methods that would both further minimize costs and achieve

the aims of the Board.

Real Estate Development Costs. This regulatory action will likely have no effect on real estate development costs in the

Commonwealth.

Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2

- 4007.04 of the

Administrative Process Act and Executive Order Number 14 (10). Section 2.2

- 4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or com

ply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2

- 4007.04 requires that such economic impact analyses include (i) an identification and estima te of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regula tion. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The Department of Environmental Quality has reviewed the economic impact analysis prepared by the Department of

Plan ning and Budget and has no comment.

Summary:

The proposed regulation requires owners to limit emissions of air pollution from miscellaneous metal and plastic parts coating operations to the level necessary for the protection of public health and welfare an d the attainment and maintenance of the air quality standards. The regulation applies to sources within the Northern Virginia Volatile Organic Compound Emissions Control Area, and establishes standards, control techniques, and provisions for determining co mpliance. The regulation also includes provisions for visible emissions, fugitive dust, odor, toxic pollutants, compliance, test methods and procedures, monitoring, notification, registration, malfunctions, and permits.

9VAC5

- 20

- 21. Documents incorporated by reference.

A. The Administrative Process Act and Virginia Register Act provide that state regulations may incorporate documents

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

800 by reference. Throughout these regulations, documents of the types specified below have been incorporated by reference.

1. U nited States Code.

2. Code of Virginia.

3. Code of Federal Regulations.

4. Federal Register.

5. Technical and scientific reference documents.

Additional information on key federal regulations and nonstatutory documents incorporated by reference and their

a vailability may be found in subsection E of this section.

B. Any reference in these regulations to any provision of the Code of Federal Regulations (CFR) shall be considered as the adoption by reference of that provision. The specific version of the provis ion adopted by reference shall be that contained in the CFR (2013) in effect July 1, 2013. In making reference to the Code of Federal Regulations, 40 CFR Part 35 means Part 35 of Title 40 of the Code of Federal Regulations;

40 CFR 35.20 means § 35.20 in Pa rt 35 of Title 40 of the Code of Federal Regulations.

C. Failure to include in this section any document referenced in the regulations shall not invalidate the applicability of the

referenced document.

D. Copies of materials incorporated by reference in th is section may be examined by the public at the central office of the Department of Environmental Quality, Eighth Floor,

629 East Main Street, Richmond, Virginia, between 8:30 a.m. and 4:30 p.m. of each business day.

E. Information on federal regulations a nd nonstatutory documents incorporated by reference and their availability may be found below in this subsection.

1. Code of Federal Regulations.

a. The provisions specified below from the Code of Federal Regulations (CFR) are incorporated herein by

refere nce.
(1) 40 CFR Part 50

-- National Primary and Secondary Ambient Air Quality Standards.

(a) Appendix A

- 1

-- Reference Measurement Principle

and Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere (Ultraviolet Fluorescence Method).

(b) Appendix A

- 2

-- Reference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method).

(c) Appendix B

-- Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High

- Volume Method)

. (d) Appendix C

-- Measurement Principle and

Calibration Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere (Non

- Dispersive Infrared Photometry). (e) Appendix D

-- Measurement Principle and

Calibration Procedure for the Measurem ent of Ozone in the Atmosphere.

(f) Appendix E

-- Reserved.

(g) Appendix F

-- Measurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence).

(h) Appendix G

-- Reference Method for th e Determination of Lead in Suspended Particulate Matter

Collected from Ambient Air.

(i) Appendix H

-- Interpretation of the National Ambient Air Quality Standards for Ozone.

(j) Appendix I

-- Interpretation of the 8

- Hour Primary and Secondary National Ambi ent Air Quality Standards

for Ozone.

(k) Appendix J

-- Reference Method for the

Determination of Particulate Matter as PM 10 in the Atmosphere.

(l) Appendix K

-- Interpretation of the National Ambient Air Quality Standards for Particulate Matter.

(m) Append ix L

-- Reference Method for the

Determination of Fine Particulate Matter as PM 2.5 in the Atmosphere.

(n) Appendix M

-- Reserved.

(o) Appendix N

-- Interpretation of the National Ambient Air Quality Standards for PM 2.5

. (p) Appendix O

-- Reference Method f or the

Determination of Coarse Particulate Matter as PM in the Atmosphere.

(q) Appendix P

-- Interpretation of the Primary and Secondary National Ambient Air Quality Standards for

Ozone.

(r) Appendix Q

-- Reference Method for the

Determination of Lead in S uspended Particulate Matter

as PM 10 Collected from Ambient Air.

(s) Appendix R

-- Interpretation of the National Ambient Air Quality Standards for Lead.

(t) Appendix S

-- Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Ni trogen (Nitrogen Dioxide).

(u) Appendix T

-- Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).

(2) 40 CFR Part 51

-- Requirements for Preparation, Adoption, and Submittal of Implementation Plans.

(a ) Appendix M

-- Recommended Test Methods for State Implementation Plans.

(b) Appendix S

-- Emission Offset Interpretive Ruling.

(c) Appendix W

-- Guideline on Air Quality Models (Revised).

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

801 (d) Appendix Y

-- Guidelines for BART Determinations Under the Regi onal Haze Rule.

(3) 40 CFR Part 55

-- Outer Continental Shelf Air Regulations.

(4) 40 CFR Part 58

-- Ambient Air Quality Surveillance.

Appendix A

-- Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring.

(5) 40 CFR Part 59

-- National Volatile Organic Compound Emission Standards for Consumer and

Commercial Products.

(a) Subpart C

-- National Volatile Organic Compound

Emission Standards for Consumer Products.

(b) Subpart D

-- National Volatile Organic Compound

Emission Standards for Arch itectural Coatings, Appendix

A

-- Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings.

(6) 40 CFR Part 60

-- Standards of Performance for New Stationary Sources.

The specific provisions of 40 CF R Part 60 incorporated by reference are found in Article 5 (9VAC5

- 50

- 400 et seq.) of Part II of 9VAC5

- 50 (New and Modified Sources).

(7) 40 CFR Part 61

-- National Emission Standards for

Hazardous Air Pollutants.

The specific provisions of 40 CFR Part 61 i ncorporated by reference are found in Article 1 (9VAC5

- 60

- 60 et seq.) of Part II of 9VAC5

- 60 (Hazardous Air Pollutant Sources).

(8) 40 CFR Part 63

-- National Emission Standards for Hazardous Air Pollutants for Source Categories.

The specific provisions of 40 CFR Part 63 incorporated by reference are found in Article 2 (9VAC5

- 60

- 90 et seq.) of Part II of 9VAC5

- 60 (Hazardous Air Pollutant Sources).

(9) 40 CFR Part 64

-- Compliance Assurance Monitoring.

(10) 40 CFR Part 72

-- Permits Regulation.

(11) 40 CFR P art 73

-- Sulfur Dioxide Allowance System.

(12) 40 CFR Part 74

-- Sulfur Dioxide Opt

- Ins.

(13) 40 CFR Part 75

-- Continuous Emission Monitoring.

(14) 40 CFR Part 76

-- Acid Rain Nitrogen Oxides Emission Reduction Program.

(15) 40 CFR Part 77

-- Excess Emis sions.

(16) 40 CFR Part 78

-- Appeal Procedures for Acid Rain Program.

(17) 40 CFR Part 152 Subpart I

-- Classification of

Pesticides. (18) 49 CFR Part 172

-- Hazardous Materials Table. Special Provisions, Hazardous Materials Communications, Emergency Resp onse Information, and Training Requirements, Subpart E, Labeling.

(19) 29 CFR Part 1926 Subpart F

-- Fire Protection and

Prevention.

b. Copies may be obtained from: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania

15250

- 7954; phone (2 02) 783

- 3238.

2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental Protection Agency are incorporated herein by reference:

(1) Reich Test, Atmospheric Emissions from Sulfuric Acid Manufacturing Processes, Public H ealth Service Publication No. PB82250721, 1980.

(2) Compilation of Air Pollutant Emission Factors (AP

42). Volume I: Stationary and Area Sources, stock

number 055

- 000

- 00500

- 1, 1995; Supplement A, stock

number 055

- 000

- 00551

- 6, 1996; Supplement B, stock

numb er 055

- 000

- 00565, 1997; Supplement C, stock

number 055

- 000

- 00587

- 7, 1997; Supplement D, 1998; Supplement E, 1999.

(3) "Guidelines for Determining Capture Efficiency" (GD

- 35), Emissions Monitoring and Analysis Division, Office of Air Quality Planning and St andards, January 9,

1995.

b. Copies of the document identified in subdivision E 2 a (1) of this subdivision, and Volume I and Supplements A through C of the document identified in subdivision E 2 a (2) of this subdivision, may be obtained from: U.S. Depart ment of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161; phone 1

- 800

- 553

- 6847. Copies of Supplements D and E of the document identified in subdivision E 2 a (2) of this subdivision may be obtained

online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/index.html. Copies of the document identified in subdivision E 2 a (3) of this subdivision are only available online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/emc/guidl nd.html.

3. U.S. government.

a. The following document from the U.S. government is incorporated herein by reference: Standard Industrial Classification Manual, 1987 (U.S. Government Printing

Office stock number 041

- 001

- 00

- 314

- 2).

b. Copies may be obtained from: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania

15250

- 7954; phone (202) 512

- 1800.

4. American Society for Testing and Materials (ASTM).

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

802 a. The documents specified below from the American Society for Testing and Materials are in corporated herein by reference.

(1) D323

- 99a, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)."

(2) D97

- 96a, "Standard Test Method for Pour Point of

Petroleum Products."

(3) D129

- 00, "Standard Test Method for Sulfur in

Petroleu m Products (General Bomb Method)."

(4) D388

- 99, "Standard Classification of Coals by Rank."

(5) D396

- 98, "Standard Specification for Fuel Oils."

(6) D975

- 98b, "Standard Specification for Diesel Fuel

Oils."

(7) D1072

- 90(1999), "Standard Test Method for Tota l

Sulfur in Fuel Gases."

(8) D1265

- 97, "Standard Practice for Sampling Liquefied Petroleum (LP) Gases (Manual Method)."

(9) D2622

- 98, "Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X

- Ray Fluorescence Spectrometry."

(10) D40 57

- 95(2000), "Standard Practice for Manual Sampling of Petroleum and Petroleum Products."

(11) D4294

- 98, "Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy

- Dispersive

X

- Ray Fluorescence Spectroscopy."

(12) D523

- 89, "Standard Tes t Method for Specular Gloss" (1999).

(13) D1613

- 02, "Standard Test Method for Acidity in

Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products" (2002).

(14) D1640

- 95, "Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature" (1999).

(15) E119

- 00a, "Standard Test Methods for Fire Tests of Building Construction Materials" (2000).

(16) E84

- 01, "Standard Test Method for Surface Burning Characteristics of Building Constructio n Materials" (2001).

(17) D4214

- 98, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films" (1998).

(18) D86

- 04b, "Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure" (2004).

(19) D4359

- 90, "St andard Test Method for Determining Whether a Material is a Liquid or a Solid" (reapproved 2000).

(20) E260

- 96, "Standard Practice for Packed Column Gas Chromatography" (reapproved 2001).

(21) D3912

- 95, "Standard Test Method for Chemical

Resistance of Coati ngs Used in Light

- Water Nuclear Power Plants" (reapproved 2001). (22) D4082

- 02, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light

- Water

Nuclear Power Plants."

(23) F852

- 99, "Standard Specification for Portable

Gasoline Containers for Consumer Use" (reapproved 2006).

(24) F976

- 02, "Standard Specification for Portable

Kerosine and Diesel Containers for Consumer Use."

(25) D4457

- 02, "Standard Test Method for Determination of Dichloromethane and 1,1,1

- Trichloroethane in Pain ts and Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).

(26) D3792

- 05, "Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph."

(27) D2879

- 97, "Standard Test Method for Vapor

Pressure

- Tempe rature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope" (reapproved 2007).

b. Copies may be obtained from: American Society for Testing Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428

- 2959; phone (610)

832

- 9585.

5. American Petroleum Institute (API).

a. The following document from the American Petroleum Institute is incorporated herein by reference: Evaporative Loss from Floating Roof Tanks, API MPMS Chapter 19, April 1, 1997.

b. Copies may be obtained f rom: American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005; phone (202) 682

- 8000.

6. American Conference of Governmental Industrial Hygienists (ACGIH).

a. The following document from the ACGIH is incorporated herein by reference: 1 991

- 1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices (ACGIH Handbook).

b. Copies may be obtained from: ACGIH, 1330 Kemper Meadow Drive, Suite 600, Cincinnati, Ohio 45240; phone (513) 742

- 2020.

7. Natio nal Fire Prevention Association (NFPA).

a. The documents specified below from the National Fire Prevention Association are incorporated herein by

reference.

(1) NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 Edition.

(2) N FPA 30, Flammable and Combustible Liquids Code, 2000 Edition.

(3) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2000 Edition.

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

803 b. Copies may be obtained from the National Fire Prevention Association, One Batterymarch Park, P.O.

Box 9101, Quincy, Massachusetts 02269

- 9101; phone (617) 770

- 3000.

8. American Society of Mechanical Engineers (ASME).

a. The documents specified below from the American Society of Mechanical Engineers are incorporated herein by reference.

(1) ASME Power Test Codes: Test Code for Steam Generating Units, Power Test Code 4.1

- 1964 (R1991).

(2) ASME Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition (1971).

(3) Standard for the Qualification and Certification of Resource Recovery Facility Operators, ASME QRO

- 1

- 1994.

b. Copies may be obtained from the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016; phone (800) 843

- 2763.

9. American Hospital Association (AHA).

a. The following document from the American Hospital Association is incorporated herein by reference: An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities, AHA Catalog no. W5

- 057007,

1993.

b. Copies may be obtained from: American Hospital

Associati on, One North Franklin, Chicago, IL 60606; phone (800) 242

- 2626.

10. Bay Area Air Quality Management District (BAAQMD).

a. The following documents from the Bay Area Air Quality Management District are incorporated herein by

reference:

(1) Method 41, "Determination of Volatile Organic Compounds in Solvent

- Based Coatings and Related Materials Containing Parachlorobenzotrifluoride" (December 20, 1995).

(2) Method 43, "Determination of Volatile Methylsiloxanes in Solvent

- Based Coatings, Inks, and

Related Materials" (November 6, 1996).

b. Copies may be obtained from: Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109, phone (415) 771

- 6000.

11. South Coast Air Quality Management District (SCAQMD).

a. The following documents f rom the South Coast Air Quality Management District are incorporated herein by

reference:

(1) Method 303

- 91, "Determination of Exempt Compounds," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996). (2) Method 318

- 95, "Deter mination of Weight Percent Elemental Metal in Coatings by X

- Ray Diffraction," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(3) Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991).

(4) Meth od 304

- 91, "Determination of Volatile Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(5) Method 316A

- 92, "Determination of Volatile Organic Compounds (VOC) in Materials Us ed for Pipes and Fittings" in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(6) "General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems," October 3,

1989.

b. Copies may be obtained from: South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, phone (909) 396

- 2000.

12. California Air Resources Board (CARB).

a. The following documents from the California Air Resources Board are incorporated herein by reference:

(1) Test Method 510, "Automatic Shut

- Off Test Procedure for Spill

- Proof Systems and Spill

- Proof Spouts" (July 6, 2000).

(2) Test Method 511, "Automatic Closure Test Procedure for Spill

- Proof Systems and Spill

- Proof Spouts" (July 6, 2000).

(3) Method 100, " Procedures for Continuous Gaseous Emission Stack Sampling" (July 28, 1997).

(4) Test Method 513, "Determination of Permeation Rate for Spill

- Proof Systems" (July 6, 2000).

(5) Method 310, "Determination of Volatile Organic Compounds (VOC) in Consumer Produ cts and Reactive Organic Compounds in Aerosol Coating Products (Including Appendices A and B)" (May 5, 2005).

(6) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7) California Code of Regulatio ns, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 94511 (2003).

(8) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 4, §§ 94540

- 94555 (2003).

(9) "Certification Procedure 501 for Portable Fuel Containers and Spill

- Proof Spouts, CP

- 501" (July 26, 2006).

(10) "Test Procedure for Determining Integrity of Spill

Proof Spouts and Spill

- Proof Systems, TP

- 501" (July 26, 2006).

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

804 (11) "Test Procedure for Determining Diurnal Emissions

from Portable Fue l Containers, TP

- 502" (July 26, 2006).

b. Copies may be obtained from: California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812, phone (906) 322

- 3260 or (906) 322

- 2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American Architectural Manufacturers Association are incorporated herein by reference:

(1) Voluntary Specification 2604

- 02, "Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Pa nels" (2002).

(2) Voluntary Specification 2605

- 02, "Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels" (2002).

b. Copies may be obtained from: American Architectural

Manufacturers Associ ation, 1827 Walden Office Square, Suite 550, Schaumburg, IL 60173, phone (847) 303

- 5664.

14. American Furniture Manufacturers Association.

a. The following document from the American Furniture Manufacturers Association is incorporated herein by

reference: Joint Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric Standards and Guidelines (January 2001).

b. Copies may be obtained from: American Furniture Manufacturers Association, P.O. Box HP

- 7, High Point, NC 27261; phone (336) 884

- 5000.

15. American Architectural Manufacturers Association.

a. The following documents from the American Architectural Manufacturers Association are incorporated herein by reference:

(1) Voluntary Specification, Performance Requirements

and Test Pro cedures for High Performance Organic Coatings on Aluminum Extrusions and Panels, publication number AAMA 2604

- 05.

(2) Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels, publication number AAMA 2605

- 05.

b. Copies may be obtained from: American Architectural Manufacturers Association, P 1827 Walden Office Square, Suite 550, Schaumburg, IL 60173

- 4268; phone

847

- 303

- 5774. Article 34

Emission Standards for Miscellane ous Metal Parts and Products Coating Application Systems (Rule 4

- 34)

9VAC5

- 40

- 4760. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this

ar ticle apply is each miscellaneous metal parts and products coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5

- 20

- 206. A fter (insert date one year from effective date of this article) they do not apply to sources in the Northern Virginia Volatile Organic Compound Emissions Control Area designated in

9VAC5

- 20

- 206. These sources are subject to Article 59 (9VAC5

- 40

- 8810 et seq .) of this part.

C. Exempted from the provisions of this article are coating plants whose emissions of volatile organic compounds are not more than 2.7 tons per year, 15 pounds per day and three pounds per hour, based on the actual emission rate. All

volat ile organic compound emissions from purging or washing solvents shall be considered in applying the exemption levels specified in this subsection.

D. The provisions of this article do not apply to the following:

1. Coating application systems used exclus ively for determination of product quality and commercial acceptance provided:

a. The operation is not an integral part of the production

process; b. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30

da y period; and

c. The exemption is approved by the board.

2. Vehicle refinishing operations.

3. Vehicle customized coating operations, if production is less than 20 vehicles per day.

4. Fully assembled aircraft and marine vessel exterior coating operati ons.

Article 59

Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8

- hour Ozone Standard (Rule 4

- 59)

9VAC5

- 40

- 8810. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each miscellaneous metal product and plastic parts surface coating operation at a facility where the total actual emissions of volatile organic compounds (VOCs) from

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

805 all miscellaneous metal product and plastic parts surface coating operations, including related cleaning activities, at that facility are equal to or exceed 6.8 kilograms p er day (15 pounds per day), or an equivalent level of 2.7 tons per 12

- month rolling period, before consideration of controls.

B. The provisions of this article apply only to affected facilities located in the Northern Virginia VOC Emissions

Control Area de signated in subdivision 1 a of 9VAC5

- 20

- 206.

C. Facilities that coat bodies or body parts for new heavier vehicles (including all vehicles that meet the definition of the

term "other motor vehicles" as defined in 40 CFR 63.3176 of

the National Emission Sta ndards for Surface Coating of Automobile and Light

- Duty Trucks) may, in lieu of complying with the provisions of this article, opt to comply with Article 28 (Emission Standards for Automobile And Light Duty Truck Coating Application Systems, 9VAC5

- 40

- 3860 et seq.) of 9VAC5

- 40 (Existing Stationary Sources).

D. The provisions of this article do not apply to the following:

1. Miscellaneous metal product and plastic parts surface coating operations subject to Article 26 (Large Appliance Coatings, 9VAC5

- 40

- 3560 et seq.), Article 27 (Emission Standards for Magnet Wire Coating Application Systems,

9VAC5

- 40

- 3710 et seq.), Article 29 (Emission Standards for Can Coating Application Systems, 9VAC5

- 40

- 4010 et seq.), Article 30 (Emission Standards for Metal Coil Coating Application Systems, 9VAC5

- 40

- 4160), Article 31 (Emission Standards for Paper and Fabric Coating Application Systems, 9VAC5

- 40

- 4310), Article 33 (Metal Furniture Coating Application Systems, 9VAC5

- 40

- 4610 et seq.), and Article 48 (Emission Standards for Mo bile Equipment Repair and Refinishing Operations, 9VAC5

- 40

- 6970 et seq.) of 9VAC5

- 40 (Existing Stationary Sources); and Article 5 (Emission Standards for Architectural and Industrial Maintenance Coatings, 9VAC5

- 45

- 520 et seq.)

of 9VAC5

- 45 (Consumer and Com mercial Products).

2. Coating application systems used exclusively for determination of product quality and coatings that are applied to test panels and coupons as part of research and development, quality control, or performance testing activities at pain t research or manufacturing facilities.

3. Coatings applied using a handheld, pressurized, nonrefillable container that expels coatings from the container in a finely divided spray when a valve on the container is depressed.

4. Miscellaneous metal product and plastic parts surface coating operations associated with the following product categories or processes: aerospace coatings; wood furniture coatings; fiberglass boat manufacturing materials; and paper, film, and foil coatings not otherwise regulated und er Article 31 (Emission Standards For Paper and Fabric Coating Application Systems, 9VAC5

- 40

- 4310) of

9VAC5

- 40 (Existing Stationary Sources). 9VAC5

- 40

- 8820. Definitions.

A. For the purpose of this article and subsequent amendments or any orders issued by the board, the words or terms shall have the meaning given them in subsection C of

this section.

B. As used in this article, all terms not defined here shall have the meaning given them in 9VAC5

- 10 (General Definitions), unless otherwise required by contex t.

C. Terms defined.

"Aerospace coatings" means materials that are applied to the surface of an aerospace vehicle or component to form a decorative, protective, or functional solid film, or the solid film itself at a facility that produces, reworks, or rep airs in any amount any commercial, civil, or military aerospace vehicle or component.

"Air

- dried coating" means:

1. For general use, a coating that is cured at a temperature below 90°C (194°F).

2. For automotive/transportation and business machine

use, a c oating that is dried by the use of air or forced warm air at temperatures up to 90°C (194°F).

"Antifoulant coating" means any coating applied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms, and reg istered with the U.S. Environmental Protection Agency (EPA) as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136).

"Baked coating" means a coating that is cured at a temperature at or above 90°C (194°F).

"Black automoti ve coating" means a coating that meets both of the following criteria: (i) maximum lightness of 23 units and (ii) saturation of less than 2.8, where saturation equals the square root of A2 + B2. These criteria are based on Cielab color space, 0/45 geometry . For spherical geometry, specular included, maximum lightness is 33

units.

"Business machine" means a device that uses electronic or mechanical methods to process information, perform calculations, print or copy information, or convert sound

into electric al impulses for transmission, including devices listed in Standard Industrial Classification numbers 3572, 3573, 3574, 3579, and 3661 and photocopy machines, a subcategory of Standard Industrial Classification number

3861.

"Camouflage coating" means a coat ing used, principally by the military, to conceal equipment from detection.

"Clear coating" means:

1. For general use, a colorless coating that contains binders, but no pigment, and is formulated to form a transparent film.

2. For automotive/transportation and business machine use, a coating that lacks color and opacity or is

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806 transparent and that uses the undercoat as a reflectant

base or undertone color.

"Coating unit" means a series of one or more coating applicators and any associated drying area or oven wherein a coating is applied, dried, or cured. A coating unit ends at the point where the coating is dried or cured, or prior to any subsequent application of a different coating. It is not necessary for a coating unit to have an oven or flash

- off

area. "Drum" means any cylindrical metal shipping container larger than 12 gallons capacity but no larger than 110 gallons capacity.

"Electric dissipating coating" means a coating that rapidly dissipates a high

- voltage electric charge.

"Electric

- insulating varnish" means a nonconvertible

- type coating applied to electric motors, components of electric motors, or power transformers to provide electrical, mechanical, and environmental protection or resistance.

"Etching filler" means a coating that contains less than 23% solids by weight and at least 0.5% acid by weight and is used instead of applying a pretreatment coating followed by a primer.

"Extreme high

- gloss coating" means:

1. For general use, a coating that when tested by the American Society for Testing and Materials (ASTM) Standard Test Method for Specular Gloss (see 9VAC5

- 20

- 21) shows a reflectance of 75 or more on a 60° meter.

2. For pleasure craft surface coating, any coating that

achieves at least 95% reflectance on a 60° meter when tested by ASTM St andard Test Method for Specular Gloss (see 9VAC5

- 20

- 21).

"Extreme performance coating" means a coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to the following:

1. Chronic exposure to corrosive, caustic, or acidic agents, chemicals, chemical fumes, chemical mixtures, or solutions;

2. Repeated exposure to temperatures in excess of 250°F;

or 3. Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents,

cleanser s, or scouring agents.

Extreme performance coatings include, but are not limited to, coatings applied to locomotives, railroad cars, farm machinery, and heavy duty trucks.

"Fiberglass boat manufacturing materials" means materials

utilized at facilities th at manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks. Fiberglass boat manufacturing

materials are not materials used at facilities that manufacture solely parts of boats (i.e., hatches, seats, or

lock ers) or boat trailers, but do not (i) manufacture hulls or decks of boats from fiberglass or (ii) build molds to make fiberglass boat hulls or decks.

"Finish primer/surfacer" means a coating applied with a wet film thickness of less than 10 mils prior to t he application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier, or promotion of a uniform surface necessary for filling in surface imperfections.

"Flexible coating" means any coating that is required to comply with engineering specifications for impact resistance, mandrel bend, or elongation as defined by the original equipment manufacturer.

"Fog coat" means a coating that is applied to a plastic part for the purpose of color matching without masking a

molded

- in texture. A fog coat shall not be applied at a thickness of more than 0.5 mils of coating solids.

"Heat

- resistant coating" means a coating that must withstand a temperature of at least 400°F during normal

use. "High bake coating" means a coating that is designed to cure only at temperatures of more than 90°C (194°F).

"High build primer/surfacer" means a coating applied with a wet film thickness of 10 mils or more prior to the application of a topcoat for purposes of providing

corrosion re sistance, adhesion of subsequent coatings, or a moisture barrier, or promoting a uniform surface necessary for filling in surface imperfections.

"High gloss" means any coating that achieves at least 85% reflectance on a 60° meter when tested by ASTM Standa rd Test Method for Specular Gloss (see 9VAC5

- 20

- 21).

"High performance architectural coating" means a coating used to protect architectural subsections and that meets the requirements of the Architectural Aluminum Manufacturer Association's publication num ber AAMA 2604

- 05 (Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels) or 2605

- 05 (Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels).

"High temperature coating" means a coating that is certified to withstand a temperature of 1000°F for 24

hours.

"Metallic coating" means a coating that contains more than 5 grams of metal part icles per liter of coating as applied. "Metal particles" are pieces of a pure elemental metal or a

combination of elemental metals.

"Military specification coating" means a coating that has a formulation approved by a United States military agency

for use on military equipment.

"Miscellaneous metal parts and products" means a varied range of metal and plastic parts and products that are

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

807 constructed either entirely or partially from metal or plastic. These miscellaneous metal products and plastic parts inclu de, but are not limited to, metal and plastic components of the following types of products as well as the products themselves: fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equipme nt, automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational vehicles, pleasure craft (recreational boats), extruded aluminum

structura l components, railroad cars, heavier vehicles (as defined in 40 CFR 63.3176), lawn and garden equipment, business machines, laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and numerous other industrial and household produc ts.
"Miscellaneous metal product and plastic parts coating" means coatings that include paints, sealants, caulks, inks, and maskants (decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combi nation of these substances are not considered miscellaneous metal or plastic part coatings). The paints include several categories of primers, topcoats, and specialty coatings, typically defined by the coating's function. The types of coating technologies used by miscellaneous metal product and plastic part surface coating facilities include higher solids, waterborne, and powder coatings, as well as conventional solvent

- borne coatings. Decorative, protective, or functional materials that consist only of pro tective oils for metal, acids, bases, or any combination of these substances are not considered miscellaneous metal or plastic part coatings.

"Miscellaneous metal product and plastic parts surface coating operation" means the application of surface coating s by the manufacturer of miscellaneous metal and plastic parts to the parts it produces, and by facilities that perform surface coating of miscellaneous metal and plastic parts on a contract basis.

"Mold seal coating" means the initial coating applied to a new mold or a repaired mold to provide a smooth surface that, when coated with a mold release coating, prevents products from sticking to the mold.

"Motor vehicle bedliner" means a multi

- component coating, used at a facility that is not an automobile or l ight

duty truck assembly coating facility, applied to a cargo bed after the application of topcoat to provide additional durability and chip resistance.

"Motor vehicle cavity wax" means a coating, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied into the cavities of the vehicle primarily for the purpose of enhancing corrosion protection.

"Motor vehicle deadener" means a coating, used at a facility that is not an automobile or light

- duty truck assembly coati ng facility, applied to selected vehicle surfaces primarily for the purpose of reducing the sound of road noise in the passenger compartment.

"Motor vehicle gasket/sealing material" means a fluid, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to coat a gasket or replace and perform the same function as a gasket. Automobile and light

- duty truck gasket/gasket sealing material includes room temperature vulcanization (RTV)

seal material.

"Motor vehicle lubri cating wax/compound" means a protective lubricating material, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to vehicle hubs and hinges.

"Motor vehicle sealer" means a high viscosity material,

used at a facility that is not an automobile or light

- duty truck assembly coating facility, generally, but not always, applied in the paint shop after the body has received an electrodeposition primer coating and before the application of subsequent coatings (e.g., primer

- surfacer). The primary purpose of automobile and light

- duty truck sealer is to fill body joints completely so that there is no intrusion of water, gases or corrosive materials into the passenger area of the body compartment. Such materials are also referred to as sealant, sealant primer, or caulk.

"Motor vehicle trunk interior coating" means a coating, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to the trunk interior to provide chip protection.

"Motor vehicle underbody coating" means a coating, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to the undercarriage or firewall to prevent corrosion and/or provide chip protection.

"Multi

- colored coat ing" means a coating that exhibits more than one color when applied, and which is packaged in a single container and applied in a single coat.

"Multi

- component coating" means a coating requiring the addition of a separate reactive resin, commonly known as a catalyst or hardener, before application to form an acceptable dry film.

"One

- component coating" means a coating that is ready for application as it comes out of its container to form an acceptable dry film. A thinner, necessary to reduce the viscosity, is not considered a component.

"Optical coating" means a coating applied to an optical

lens.

"Pan

- backing coating" means a coating applied to the surface of pots, pans, or other cooking implements that are exposed directly to a flame or other heating eleme nts.
"Paper, film, and foil coating" means coating that is applied to paper, film, or foil surfaces in the manufacturing of several major product types for the following industry

# Regulations

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808 sectors: pressure sensitive tape and labels (including fabric

coated for use in pressure sensitive tapes and labels); photographic film; industrial and decorative laminates; abrasive products (including fabric coated for use in abrasive products); and flexible packaging (including coating of nonwoven polymer substrates for use in f lexible packaging). Paper and film coating also includes coatings applied during miscellaneous coating operations for several products including: corrugated and solid fiber boxes; die

cut paper paperboard, and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifold business forms and related products; plastic aseptic packaging; and carbon paper and inked ribbons.

"Pleasure craft" means vessels that are manufactured or operated primaril y for recreational purposes, or leased, rented, or chartered to a person or business for recreational purposes. The owner of such vessels shall be responsible for certifying that the intended use is for recreational

purposes. "Pleasure craft coating" means any marine coating, except unsaturated polyester resin (fiberglass) coatings, applied by brush, spray, roller, or other means to a pleasure craft.

"Prefabricated architectural component coatings" means coatings applied to metal parts and products that are to be

used as an architectural structure.

"Pretreatment coating" means a coating that contains no more than 12% solids by weight, and at least 0.5% acid, by weight, is used to provide surface etching, and is applied directly to metal surfaces to provide c orrosion resistance, adhesion, and ease of stripping.

"Pretreatment wash primer" means a coating that contains no more than 12% solids, by weight, and at least 0.5% acids, by weight; is used to provide surface etching; and is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings.

"Red automotive coating" means a coating that meets all of the following criteria:

1. Yellow limit: the hue of hostaperm scarlet.

2. Blue limit: the hue of monastral red

- violet.

3. Lightness limit for metallics: 35% aluminum flake.

4. Lightness limit for solids: 50% titanium dioxide white.

5. Solid reds: hue angle of

- 11 to 38 degrees and maximum lightness of 23 to 45 units.

6. Metallic reds: hue angle of

- 16 to 35 de grees and maximum lightness of 28 to 45 units.

These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, specular included, the upper limit is 49 units. The maximum lightness varies as the hue moves from violet to orange. This is a natural consequence of the strength of the colorants, and real

colors show this effect. "Repair coating" means a coating used to re

- coat portions of a previously coated product that has sustained mechanical damage to the coating following normal

coati ng operations.

"Shock

- free coating" means a coating applied to electrical components to protect the user from electric shock. The coating has characteristics of being of low capacitance and high resistance, and having resistance to breaking down under high voltage.

"Silicone release coating" means any coating that contains silicone resin and is intended to prevent food from sticking to metal surfaces such as baking pans.

"Solar

- absorbent coating" means a coating that has as its prime purpose the absorption of solar radiation.

"Texture coating" means a coating that is applied to a plastic part that, in its finished form, consists of discrete raised spots of the coating.

"Topcoat" means any final coating applied to the interior or exterior of a pleasure craft.

"Touchup coating" means a coating used to cover minor coating imperfections appearing after the main coating operation.

"Vacuum

- metalizing coating means:

1. For general use, the undercoat applied to the substrate on which the metal is deposited or the ove rcoat applied directly to the metal film. Vacuum metalizing/physical vapor deposition (PVD) is the process whereby metal is vaporized and deposited on a substrate in a vacuum

chamber.

2. For automotive/transportation and business machine use, topcoats and basecoats that are used in the vacuum

metalizing process.

"VOC" means volatile organic compound.

"Wood furniture coatings" means protective, decorative, or functional films applied in thin layers to a surface used in

the manufacture of wood furniture or wo od furniture components. Such coatings include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels, inks, and temporary protective coatings.

9VAC5

- 40

- 8830. Standard for volatile organic compounds.

A. No owne r or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of the limits

contained in Tables 4

- 59A through 4

- 59E. The VOC content limits are mass VOC per gallon of coa ting less water and exempt solvents and are based on low

- VOC coatings. If more than one emission limitation in this subsection applies to a specific coating, then the least

- stringent emission limitation shall be applied.

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

809 TABLE 4

- 59A.

METAL PARTS AND PRODUCTS VOC CONTENT LIMITS

Coating Category Air

- dried Coating Baked Coating

kg VOC/l coating lb VOC/gal coating kg VOC/l coating lb VOC/gal coating

General one

component 0.34 2.8 0.28 2.3

General multi

component 0.34 2.8 0.28 2.3

Camouflage 0.42 3.5 0.42 3.5

Electric

- insulating

harnish 0.42 3.5 0.42 3.5

Etching filler 0.42 3.5 0.42 3.5

Extreme high

- gloss 0.42 3.5 0.36 3.0

Extreme performance 0.42 3.5 0.36 3.0

Heat

- resistant 0.42 3.5 0.36 3.0

High performance

architectural 0.42 3.5 0.42 3.5

High temperature 0.42 3.5 0.42 3.5

Metallic 0.42 3.5 0.42 3.5

Military specification 0.34 2.8 0.28 2.3

Mold seal 0.42 3.5 0.42 3.5

Pan

- backing 0.42 3.5 0.42 3.5

Prefabricated

architectural multi

component 0.42 3.5 0.28 2.3

Prefabricated

architectural one

component 0.42 3.5 0.28 2.3

Pretreatment coatings 0.42 3.5 0.42 3.5

Repair and touch

- up 0.42 3.5 0.36 3.0

Silicone release 0.42 3.5 0.42 3.5

Solar

- absorbent 0.42 3.5 0.36 3.0

Vacuum

- metalizing 0.42 3.5 0.42 3.5

Drum coating, new,

exterior 0.34 2.8 0.34 2.8

Drum coating, new,

interior 0.42 3.5 0.42 3.5

Drum coating, reconditioned, exterior 0.42 3.5 0.42 3.5

Drum coating, reconditioned, interior 0.50 4.2 0.50 4.2

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

810 TABLE 4

- 59B. PLASTIC PARTS AND PRODUCTS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

General one component 0.28 2.3

General multi

- component 0.42 3.5

Electric dissipating and shock

- free 0.80 6.7

Extreme performance 0.42 (2

- pack coatings /m ulti

component) 3.5 (2

- pack coatings /m ulti

- component)

Metallic 0.42 3.5

Military specification 0.34 (1 pack/1 component)

0.42 (2 pack/multi

- component) 2.8 (1 pack/1 component)

3.5 (2 pack/multi

- component)

Mold seal 0.76 6.3

Multi

- colored 0.68 5.7

Optical 0.80 6.7

Vacuum

- metalizing 0.80 6.7

TABLE 4

- 59C. AUTOMOTIVE/TRANSPORTATION AND BUSINESS MACHINE PLASTIC PARTS VOC

CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Automotive/Transportation Coatings (For red, yellow, and black automotive coatings, except touch up and repair coatings, the recommended limit is determined by multiplying the appropriate limit in this table by 1.15.)

I. High Bake Coatings

- Interior and Exterior Parts

Flexible 0.54 4.5

Nonflexible 0.42 3.5

Base coating 0.52 4.3

Clear coating 0.48 4.0

Non

- basecoat/clear coat 0.52 4.3

II. Low Bake/Air

- dried Coatings

- Exterior Parts

Primers 0.58 4.8

Base coating 0.60 5.0

Clear coatings: 0.54 4.5

Non

- basecoat/clear coat 0.60 5.0

III. Low Bake/Air

- dried Coatings

- Interior Parts 0.60 5.0

IV. Touchup and Repair Coatings 0.62 5.2

Business Machine Coatings

I. Primers 0.35 2.9

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Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

8 11 II. Topcoat 0.35 2.9

III. Texture Coat 0.35 2.9

IV. Fog Coat 0.26 2.2

V. Touchup and Repair 0.35 2.9

TABLE 4

- 59D. PLEASURE CRAFT SURFACE COATING VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Extreme high

- gloss topcoat 0.49 4.1

High gloss topcoat 0.42 3.5

Pretreatment wash primers 0.78 6.5

Finish primer/surfacer 0.42 3.5

High build primer/surfacer 0.34 2.8

Aluminum substrate antifoulant coating 0.56 4.7

Other substrate antifoulant coating 0.33 2.8

All other pleasure craft surface coatings for metal or plastic 0.42 3.5

TABLE 4

- 59E. MOTOR VEHICLE MATERIALS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Motor vehicle cavity wax 0.65 5.4

Motor vehicle sealer 0.65 5.4

Motor vehicle deadener 0.65 5.4

Motor vehicle gasket/gasket sealing material 0.20 1.7

Motor vehicle underbody coating 0.65 5.4

Motor vehicle trunk interior coating 0.65 5.4

Motor vehicle bedliner 0.20 1.7

Motor vehicle lubricating wax/compound 0.70 5.8

B. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of the limits contained in Tables 4

- 59F through 4

- 59I. The emission rate limits are based

on low

- VOC coatings and add

- on controls on a VOC per volume solids basis. If more than one emission limitation in this subsection applies to a specific coating, then the least stringent emission limitation shall be applied.

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

812 TABLE 4

- 59F.

METAL PARTS AND PRODUCTS VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category Air

- dried Baked

kg VOC/l solids lb VOC/gal

solids Kg VOC/l

solids lb VOC/gal solids

General one component 0.54 4.52 0.40 3.35

General multi

- component 0.54 4.52 0.40 3.35

Camouflage 0.80 6.67 0.80 6.67

Electric

- insulating varnish 0.80 6.67 0.80 6.67

Etching filler 0.80 6.67 0.80 6.67

Extreme high

- gloss 0.80 6.67 0.61 5.06

Extreme performance 0.80 6.67 0.61 5.06

Heat

- resistant 0.80 6.67 0.61 5.06

High performance

architectural 0.80 6.67 0.80 6.67

High temperature 0.80 6.67 0.80 6.67

Metallic 0.80 6.67 0.80 6.67

Military specification 0.54 4.52 0.40 3.35

Mold

- seal 0.80 6.67 0.80 6.67

Pan

- backing 0.80 6.67 0.80 6.67

Prefabricated architectural

multi

- component 0.80 6.67 0.40 3.35

Prefabricated architectural

one

- component 0.80 6.67 0.40 3.35

Pretreatment coatings 0.80 6.67 0.80 6.67

Silicone release 0.80 0.80 6.67 0.80 6.67

Solar

- absorbent 0.80 6.67 0.61 5.06

Vacuum

- metalizing 0.80 6.67 0.80 6.67

Drum coating, new, exterior 0.54 4.52 0.54 4.52

Drum coating, new, interior 0.80 6.67 0.80 6.67

Drum coating, reconditioned,

exterior 0.80 6.67 0.80 6.67

Drum coating, reconditioned,

interior 1.17 9.78 1.17 9.78

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

813 TABLE 4

- 59G.

PLASTIC PARTS AND PRODUCTS VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

General one component 0.40 3.35

General multi

- component 0.80 6.67

Electric dissipating coatings and

shock

- free 8.96 74.7

Extreme performance 0.80

(2

- pack coatings/multi

- component) 6.67

(2

- pack coatings/multi

- component)

Metallic 0.80 6.67

Military specification 0.54 (1 pack/1 component)

0.80 (2 pack

/ multi

- component 4.52 (1 pack/1 component)

6.67 (2 pack/multi

- component)

Mold seal 5.24 43.7

Multi

- colored 3.04 25.3

Optical 8.96 74.7

Vacuum

- metalizing 8.96 74.7

TABLE 4

- 59H.

AUTOMOTIVE/TRANSPORTATION AND BUSINESS MACHINE PLASTIC PARTS VOC EMISSION RATE

LIMITS (VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

Automotive/Transportation Coatings (For red, yellow, and black automotive coatings, except touch up and repair coatings,

the recommended limit is determined by multiplying the appropriate limit in this table by 1.15.)

I. High Bake Coatings

- Interior and Exterior Parts

Flexible primer 1.39 11.58

Nonflexible primer 0.80 6.67

Base coats 1.24 10.34

Clear coat 1.05 8.76

Non

- basecoat/clear coat 1.24 10.34

II. Low Bake/Air

- dried Coatings

- Exterior Parts

Primers 1.66 13.80

Basecoat 1.87 15.59

Clearcoats 1.39 11.58

Non

- basecoat/clearcoat 1.87 15.59

III. Low Bake/Air

- dried Coatings

- Interior Parts 1.87 15.59

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

814 IV. Touchup and Repair Coatings 2.13 17.72

Business Machine Coatings

I. Primers 0.57 4.80

II. Topcoat 0.57 4.80

III. Texture Coat 0.57 4.80

IV. Fog Coat 0.38 3.14

V. Touchup and Repair 0.57 4.80

TABLE 4

- 59I.

PLEASURE CRAFT SURFACE COATING VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

Extreme high

- gloss topcoat 1.10 9.2

High gloss topcoat 0.80 6.7

Pretreatment wash primer 6.67 55.6

Finish primer/surfacer 0.80 6.7

High build primer surfacer 0.55 4.6

Aluminum substrate antifoulant coating 1.53 12.8

Other substrate antifoulant coating 0.53 4.4

All other pleasure craft surface coatings for metal or plastic 0.80 6.7

C. Should product performance requirements or other needs dictate the use of higher

- VOC materials than those that would

meet the emission limits of subsections A and B of this section, an affected facility may opt to use add

- on control equipment with an overall control efficiency of 90% in lieu of using low

- VOC coatings and required application methods in

subsection E of this section. Add

- on devices include but are

not limited to oxidizers , adsorbers, absorbers, and

concentrators. Add

- on devices coupled with capture systems to collect the VOC being released at the affected facilities shall achieve an overall control efficiency of no less than

90%.

D. In addition to the emissions limitations described in subsections A through C of this section, the following work practices for storage, mixing operations, and handling operations for coatings, thinners, and coating

- related waste

materials shall be utilized:

1. All VOC

- containing coatings, thinn ers, and coating

related waste materials shall be stored in closed containers.

2. Mixing and storage containers used for VOC

- containing coatings, thinners, and coating

- related waste materials shall be kept closed at all times except when depositing or

remo ving these materials.

3. Spills of VOC

- containing coatings, thinners, and coating

- related waste materials shall be minimized.

4. VOC

- containing coatings, thinners, and coating

- related waste materials shall be conveyed from one location to

another in closed containers or pipes.

E. In addition to the work practices described in subsection D of this section, the following work practices for cleaning materials, used to clean surfaces before coating (surface preparation) and to clean application equipment betwee n coating jobs, shall be utilized:

1. All VOC

- containing cleaning materials and used shop

towels shall be stored in closed containers.

2. Storage containers used for VOC

- containing cleaning materials shall be kept closed at all times except when depositing or removing these materials.

3. Spills of VOC

- containing cleaning materials shall be

minimized.

4. VOC

- containing cleaning materials shall be conveyed from one location to another in closed containers or pipes

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

815 5. VOC emissions from cleaning of application, storage, mixing, and conveying equipment shall be minimized by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

F. One or more of the following applica tion techniques shall be used to apply any finish material listed in Tables 4

- 59A through 4

- 59I:

1. Flow/curtain coating;

2. Dip coating;

3. Roller coating;

4. Brush coating;

5. Electrodeposition coating;

6. High volume low pressure (HVLP) spraying;

7. Ele ctrostatic spray;

8. Airless spray;

9. Air

- assisted airless spray; or

10. Other coating application methods that achieve emission reductions equivalent to or greater than those achieved by HVLP or electrostatic spray application

methods.

9VAC5

- 40

- 8840. Sta ndard for visible emissions.

The provisions of Article 1 (9VAC5

- 40

- 60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 8850. Standard for fugitive dust/emissions.

The provisions of Ar ticle 1 (9VAC5

- 40

- 60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 8860. Standard for odor.

The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of this chapter (Emission Standards f or Odor, Rule 4

- 2) apply.

9VAC5

- 40

- 8870. Standard for toxic pollutants.

The provisions of Article 4 of 9VAC5

- 60 (Hazardous Air Pollutant Sources) apply.

9VAC5

- 40

- 8880. Compliance.

A. The provisions of 9VAC5

- 40

- 20 (Compliance) apply.

B. Compliance may be de monstrated (i) on a mass VOC per gallon of coating less water and exempt solvents basis under

9VAC5

- 40

- 8830 A, (ii) on a mass VOC per volume of solids

basis under 9VAC5

- 40

- 8830 B, or (iii) the overall control

basis of under 9VAC5

- 40

- 8830 C.

C. The emission standards in 9VAC5

- 40

- 8830 A and 9VAC5

- 40

- 8830 B apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Suc h averaging shall not exceed 24

hours.
D. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable emission standards in

9VAC5

- 40

- 8830 B and the procedures of 9VAC 5

- 20

- 121.

9VAC5

- 40

- 8890. Compliance schedule.

The owner shall comply with the provisions of this article as expeditiously as possible but in no case later than (one year after the effective date of this article).

9VAC5

- 40

- 8900. Test methods and procedures.

The provisions of 9VAC5

- 40

- 30 (Emission Testing) apply.

9VAC5

- 40

- 8910. Monitoring.

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8920. Notification, records, and reporting.

The provisions of 9VAC5

- 40

- 50 (Notification, Records and Reporting) apply.

9VAC5

- 40

- 8930. Registration.

The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8940. Facility and control equipment

maintenance or malfunction.

The provisions of 9VAC5

- 20

- 180 (Facility and Control Equipment Maintenance or Malfunction) apply.

9VAC5

- 40

- 8950. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5

- 50 (New and Modified Stationary Sources) and 9VAC5

- 80 (Permits for Stationary Sources) may apply. Owners contempl ating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation o f a facility.

5. Reactivation (re

- startup) of a facility.

VA.R. Doc. No. R10

- 2125; Filed December 18, 2014, 8:11 a.m.



#  

# –––––––––––––––––– 

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Final Regulation

REGISTRAR'S NOTICE: The State Board of Health is claiming an exclusion from Article 2 of the Administrative Process Act in accordance with § 2.2

- 4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The State Board of Health will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

### 1 ENCLOSURE 3

RECORD OF HEARING AND SUMMARY OF COMMENT

As required by 40 CFR 51.102(e), the complete record of the hearing, along with a list
of commenters and the text of the written presentations or summary of the oral presentations, is located at the Air Division of the Department of Environmental Quality. The Department contact to access this information is the Director, Air Division

.

As required by Sec tion 2.1(h) of Appendix V of 40 CFR Part 51, a copy of the comments received and responses thereto is attached. Included is a brief statement of the subject, the identification of the commenter, the summary of the comment and the response (analysis and ac tion taken). Each issue is discussed in light of all of the comments received that affect that issue. All comments have been reviewed and responses developed based on an evaluation of the issues raised in consideration of the overall goals and objectives of the air quality program and the intended purpose of the

document under review.

TEMPLATES \ SIP

- REG \ REG03

- ph
SIP \ NONATTN PLANS \ 201 6 \ E 09

- SIP

- 3.DOC

### 2 COMMONWEALTH OF VIRGINIA
STATE AIR POLLUTION CONTROL BOARD
SUMMARY AND ANALYSIS OF PUBLIC COMMENT FOR

REGU LATION REVISION D09
CONCERNING

VOC EMISSION STANDARDS, MISCELLANEOUS

9VAC5 CHAPTER 40

INTRODUCTION

At the September 2010 meeting, the b oard authorized the d epartment to promulgate for public comment a proposed regulation revision concerning volatile organic compound (VOC) emission standards for miscellaneous sources (industrial solvent cleaning operations and miscellaneous industrial adhesive application processes)

.

A public hearing was advertised accordingly and held in Woodbridge, Virginia on Febru ary 26, 2015 and the public comment period closed on March 13, 2015 . The proposed regulation amendments subject to the hearing are summarized below followed by a summary of the public participation process and an analysis of the public

comment , along with the basis for the decision of the b oard.

SUMMARY OF PROPOSED AMENDMENTS

For each new article:

1. An applicability section is established which specifies the affected source population.

2. Definitions of terms used in the rule are provided.

3. A stan dard for VOC emissions is established, along with provisions for achieving the

standard.

4. Standard provisions are provided for visible emissions; fugitive dust/emissions; odor; toxic pollutants; compliance; a compliance schedule; test methods and proced ures; monitoring; notification, records and reporting; registration; facility and control equipment maintenance or malfunction; and permits.

SUMMARY OF PUBLIC PARTICIPATION PROCESS

A public hearing was held in Woodbridge , Virginia on February 26, 2015

. One person attended the hearing and offer ed comments, and three additional written comments were received during the public comment period. As required by law, notice of this hearing was given to the public on January 12, 2015 in the Virginia Register an d the

### 3

Washington Times . In addition, personal notice of this hearing and the opportunity to comment was given by mail to those persons on the d epartment's list to receive notices of proposed regulation revisions. A list of hearing attendees and the complete text or an account of each person's comments is included in the hearing report which is on file at

the d epartment.

ANALYSIS OF COMMENT

Below is a summary of each person's comments and the accompanying analysis. Included is a brief statement of the subject, the identification of the commenter, the text
of the comment and the b oard's response (analysis and action taken). Each issue is

disc ussed in light of all of the comments received that affect that issue. The b oard has reviewed the comments and developed a specific response based on its evaluation of

the issue raised. The b oard's action is based on consideration of the overall goals an d objectives of the air quality program and the intended purpose of the regulation.

1. SUBJECT : Malfunctions.

COMMENTER : U.S. Environmental Protection Agency (EPA)

TEXT : These regulations contain the provision " Facility and control equipment
maintena nce or malfunction ," which incorporat es by reference the provisions of 9VAC5

- 20

- 180. This regulation contains Virginia’s affirmative defense for malfunction ( sub section G). EPA cannot approve any State Implementation Plan (SIP) revisions containing 9VAC5

- 2 0

- 180 G as presently written.

By notice published on February 22, 2013 (78 FR 12459), EPA proposed to take action on a petition for rulemaking that the Sierra Club filed with the EPA Administrator on June 30, 2011. In that proposal notice, we described a nd proposed the EPA’s response

to the p etition concerning the treatment of excess emissions from sources during periods of startup/shutdown/malfunction (SSM) in SIPs. EPA proposed to find these provisions are substantially inadequate because they are not consistent with fundamental legal requirements o f the Clean Air Act , and EPA proposed to issue a SIP call to each affected state for these specific provisions. In the February 2013 proposal notice, EPA included Virginia’s 9VAC5

- 20

- 180 G.

Subsequent to EP A’s issuance of the February 2013 proposal, a federal court ruled that §§ 113 and 304 of the Act preclude EPA authority to create affirmative defense provisions in EPA’s own regulations imposing emission limits on sources, because such provisions purport t o alter the jurisdiction of federal courts to assess liability and impose penalties for violations of those limits in private civil enforcement cases. See NRDC v. EPA

, 749 F.3d 1055 (D.C. Cir.2014).

EPA believes that the reasoning of the United States Court of Appeals for the District of
Columbia Circuit in NRDC v. EPA indicates that the states, like EPA, have no authority in SIP provisions to alter the jurisdiction of federal courts to assess penalties for

### 4

violations of Act requirements through affirma tive defense provisions. If states lack authority under the Act to alter the jurisdiction of the federal courts through affirmative defense provisions in SIPs, then the EPA lacks authority to approve any such provision
in a SIP.

Therefore, in a supplemen tal proposed rulemaking (SNPR) on states ' affirmative defense provisions for malfunctions in SIPs, we supplemented and revised what we had earlier proposed as our response to the Petitioner’s requests in our February 2013 rulemaking, but only to the extent the requests narrowly concern affirmative defense provisions in SIPs. See 79 FR 55920 (September 17, 2014). This SNPR also identified Virginia’s 9VAC5

- 20

- 180 G among other states’ regulations. In the SNPR, EPA proposed to find that these provisions for affirmative defenses are substantially inadequate because they are not consistent with fundamental legal requirements of the

Act , and EPA proposed to issue a SIP call to each affected state, including Virginia, for these specific provisions. EPA is addres sing state regulations which contain provisions related to exemptions or affirmative defenses in this separate rulemaking. See 78 FR
12460 and 79 FR 55920. In the meantime, EPA encourages any state having deficient SSM provisions to take steps to correct them as soon as possible.

RESPONSE : I n EPA's September 17, 2014 (79 FR 55920) supplemental proposal,
EPA reiterated that 9VAC5

- 20

- 180 G is substantially inadequate to meet Act requirements and is thus proposing to issue a SIP call with respect to this p rovision. It is anticipated that this proposal will become final in May 2015; states will have 18
months after that date to submit a corrected SIP.

Virginia's current series of CTG rules for the control of VOC (Revisions C09, D09 and E09) were approved b y the Governor to be issued for public comment on December 10, 2014. This started a mandatory Administrative Process Act (APA) clock for the remainder of the regulatory process. In order to meet the APA schedule (as well as
fulfill the state's federal ob ligation to promulgate these regulations), the regulations will be adopted as final by the State Air Pollution Control Board at the June 2015 meeting.

Depending on the timing and the content of the final SIP call malfunction rule, the department may be ab le to modify its malfunction rules in time such that reference to them in the CTG rules is not an issue. If this is not possible, the department will simply not submit the affected malfunction provisions of the CTG rules as part of the SIP. This

will ena ble EPA to approve the remainder of the CTG rules into the SIP in an administratively rational manner while avoiding adverse impacts to the environment.

No change has been made to the proposal as a result of this comment.

2. SUBJECT : State

- only provisio ns.

COMMENTER : U.S. EPA

TEXT : These regulations contain the provision s entitled " Standard for odor " and

" Standard for toxic pollutants, " which incorporat e by reference the provisions in 9VAC5

-

### 5

40

- 130 (Emissi on Standards for Odor ) and 9VAC5

- 60

- 200 (Emission Standards for Toxic Pollutants from Existing Sources). Section 107(a) of the Clean Air Act provides that State Implementation Plans are for the attainment and maintenance of national ambient air quality standards (NAAQS). The p rovisions in 9VAC5

- 40

- 130 and 9VAC5

- 60

- 200 are not applicable to the NAAQS. Therefore, EPA is concerned with SIP

approving provisions not in accordance with § 107(a), unless Virginia can explain how
these are related to attainment and maintenance of the NA AQS.

RESPONSE : As has been done in the past with other stationary source regulations for the control of VOC, the state

- only odor and toxics provisions will not be submitted as part of the final SIP submittal. The public notice states, "It is planned to submit all provisions of the proposals as revisions to the Commonwealth of Virginia SIP with the exception of provisions related to state programs for odor and toxics."

No change has been made to the proposal as a result of this comment.

3

. SUBJECT : Cl eaning activities associated with digital printing.

COMMENTER : Specialty Graphic Imaging Association (SGIA)

TEXT : Our intent is to encourage adoption of a regulation that conforms with the industrial solvent cleaning regulations adopted by other states in the same geographic

area. SGIA is not opposed to environmental controls. However, promulgation of any regulatory controls should allow an industry sector to use the materials that are technologically compatible with their manufacturing process. The comments we offer seek to explore alternative means to promulgate this regulation that will result in environmental benefit without sacrificing an entire industrial sector.

SGIA recommends that, similar to other state air control districts, that the rule be amended to exempt cleaning activities associated with digital printing. Further, SGIA recommends that the rule be amended to include control requirements for screen printing that allow for either use of solvent technology at 4.2 pounds of VOC per gall on, or the use of a product with a vapor pressure of 8 mm Hg. Adoption of these two amendments will provide conformance between the regulations adopted by your district with those that have been implemented in other jurisdictions.

Appendix C, Summary of NAICS Codes for nonattainment facilities estimated to meet the applicability criteria recommended in this CTG, specifically lists commercial screen printing. Screen printing facilities use solvents for a wide range of cleaning activities.
Solvents are use d for basic building maintenance activities, however, solvents are also used to clean the manufacturing equipment used for production purposes. SGIA opposes the adoption of these proposed changes. Specifically, SGIA opposes the implementation of the limit of 50 grams VOC per liter that is included in the draft
revisions. We contend that EPA’s C TG for i ndustrial c leaning s olvents did not intend for this limit to be applied across the board to all solvent cleaning acti vities. We contend that EPA specifically addresses the need for states to consider and adopt solvent limits that are appropriate to the industrial mix in a given area.

### 6

Further, when the EPA CTG for i ndustrial c leaning s olvents was first drafted, the a ge ncy did not consider the impact of this document on new and emerging industry sectors. And, when finally released in 2006, the a gency did not address emerging industry

sectors. The state rules referenced in the CTG did not include digital technologies, a nd since 2006, we have seen the inclusion of digital technologies in both solvent cleaning as well as graphic arts air pollution control standards. Specifically, the Bay Area Air Quality Management District in its recently adopted revisions to their graph ic arts rule, Regulation 8, Rule 20, exempted digital printing operations and presses from all VOC control requirements, including those associated with cleaning solvents. So that this burgeoning technology is not crippled, SGIA recommends that digital op erations be exempted from the Northern Virginia District’s proposed regulations for industrial cleaning solvents. EPA understood during the development of the final CTG that not all industry sectors were adequately represented during the development of th e 1994
document. Further, in the CTG, EPA states that the recommendations contained in this CTG are based on data and information currently available to EPA. These general recommendations may not apply to a particular situation based upon the circumstanc es of a specific source. The data and information used by EPA was collected in 1994 and only addressed nine specific industry sectors.

State air pollution control agencies have adopted regulatory language similar to proposal offered by SGIA. Connecticut regulation 22a

- 174

- 20 (ii) General Solvent Cleaning contains provisions impacting both screen and digital printing facilities. The requirements do not apply to the use of cleaning solvent in a digital printing operation, where digital printing means a me thod of printing in which an electronic output device transfers variable data, in the form of an image, from a computer to a substrate. Further, screen printing facilities that use cleaning solvents with an as

- applied VOC

content that does not exceed 500 grams per liter (4.2 pounds per gallon) is also exempt from the general cleaning solvent requirements.

Maryland adopted a different approach. The state’s regulation, Control of VOC Emissions from Industrial Solvent Cleaning Operations Other Than Cold and Vapor Degreasing (26.11.19.09

- 1), exempts cleaning operations at sources subject to any other VOC regulations in this subtitle (26.11.19.09

- 1 A.6.b.ii). COMAR Rule 26.11.19.18, Control of Volatile Organic Compound Emissions from Screen Printing and Digita l Imaging, includes requirements for cleaning operations for screen printing and also covers digital printing operations, thus, both industry sectors were considered exempt from the requirements contained in the Industrial Solvent Cleaning regulation.

Th e District of Columbia in its recently amended Rule 20

- 770, Miscellaneous Industrial Solvent Cleaning Operations, included an exemption for printing operations using electron beam or ultraviolet inks (which would include both digital and screen printing

pr ocesses) and cleaning and surface preparation operations related to screen printing.

Currently SGIA is working with the State of New Jersey Department of Environmental Protection on the development of regulations to govern emissions from industrial

solve nt cleaning operations that consider the requirements of the screen printing

### 7

industry as well as exemption of digital printing operations from coverage. Other states, such as Illinois, Indiana, Wisconsin and Ohio have already adopted regulations that

consi der the unique requirements of the screen printing industry and have included an exemption for cleaning activities associated wi th digital printing operations.

RESPONSE : We agree that an industry sector should use the materials that are technologically compatible with their manufacturing process , and that the inclusion of digital printing processes in this particular CTG regulation is not appropriate.

This comment is acceptable and the proposal has been modifi ed accordingly.

4

. SUBJECT : C oatings, inks , adhesives and resin manufacturing operations

.

COMMENTER : American Coatings Association (ACA)

TEXT : ACA is very concerned about the proposed Industrial Solvent Cleaning VOC limit (50 g/l) since this that will not allow effective cleaning at coatings, inks, adhesives and resin manufacturing operations. Solvents that meet the 50 g/l limit are less effective, more expensive, more evaporative, and more flammable than current solvents used today. As a result, there will likely be an increase in VOC emissions if the 50 g/l limit were adopted for these operations. ACA recommends DEQ either exempt coatings, ink, ad hesives and resin manufacturing operations from the proposed regulations (as Maryland, Delaware, and Texas have done) or adopt similar language that Wisconsin, Illinois, Ohio, Indiana, North Carolina, and Missouri have adopted, which provides several speci fic options for cleaning at coatings, ink, adhesives and resin manufacturing operations

.

RESPONSE : We agree that an alterative limit that recognizes the use of current, more effective solvents is appropriate.

This comment is acceptable and the proposal has been modified accordingly.

TEMPLATES \ FINAL \ FR04
REG \ DEV

\ D09

- 12ST