lndiana Register 

TITLE 326 AIR POLLUTION CONTROL BOARD 

Proposed Rule 

LSA Document #06-603 

DIGEST 

Amends 326 IAC 8-10-1 through 326 IAC 8-10-7 and 326 IAC 8-10-9 concerning automobile refinishing 

operations in Indiana. Repeals 326 IAC 8-10-8. Effective 30 days after filing with the Publisher. 

HISTORY 

First Notice: December 27,2006, lndiana Register (DIN: 20061227-IR-326060603FNA). 

Continuation of First Notice: June 27,2007, lndiana Register (DIN: 20070627-ER-326060603FCA). 

Second Notice: July 16, 2008, lndiana Register (DIN: 20080716-IR-326060603SNA). 

Notice of First Hearing: July 16, 2008, lndiana Register (DIN: 20080716-IR-326060603PHA). 

Date of First Hearing: October 1,2008. 

PUBLIC COMMENTS UNDER IC 13-14-9-4.5 

IC 13-14-9-4.5 states that a board may not adopt a rule under IC 13-14-9 that is substantively different from 

the draft rule published under IC 73-14-94 until the board has conducted a third comment period that is at least 

21 days long. 

Because this proposed rule is not substantively different from the draft rule published on July 16,2008, at 

20080716-IR-326060603SNA, the lndiana Department of Environmental Management (IDEM) is not requesting 

additional comment on this proposed rule. 

SUMMARYIRESPONSE TO COMMENTS FROM THE SECOND COMMENT PERIOD 

IDEM requested public comment from July 16,2008, through August 15,2008, on IDEM's draft rule 

language. IDEM received comments from the following parties: 

Improving Kids' Environment (IKE) 

Following is a summary of the comments received and IDEM's responses thereto: 

Comment: Emissions of volatile organic compounds (VOCs) from automobile refinishing operations 

contribute to ozone formation and can include air toxics. IKE is a not for profit organization based in Central 

' 

lndiana that seeks to reduce environmental threats to children's health, including air pollution. 

IKE is fully supportive of IDEM's proposal to extend the existing requirements for automobile refinishers that 

are now effective in only four counties to the rest of the state. The current rule is a great example of pollution 

prevention, because it results in lower emissions of VOCs and air toxics, thus improving air quality and saving 

companies money and materials. The work practice and equipment standards required by this rule represent 

current best practices for these types of operation, are already in use by many companies, and therefore should 

not impose an undue burden on the businesses affected. Because ozone is a regi~nal pollutant and because 

reducing air toxics where ever they are emitted is beneficial to public health, it is prudent to require these work 

practices throughout the state and thereby provide greater health protection for lndiana residents. (IKE) 

Response: IDEM is cognizant of the importance in addressing the ozone issue from a regional perspective. 

Extending the automobile refinishing rules to all lndiana counties will contribute to a regional control of VOCs that 

will assist many counties in their efforts to reach and maintain attainment for the &hour ozone standard. 

SUMMARYIRESPONSE TO COMMENTS RECEIVED AT THE FIRST PUBLIC HEARING 

On October 1,2008, the Air Pollution Control Board (board) conducted the first public hearinglboard meeting 

concerning the development of amendments to 326 IAC 8-1 0 and repeal of 326 IAC 8-10-8. 

No comments were made at the first hearing. 

Small Business Assistance Information 

IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program 

provides assistance to smaH businesses and information regarding compliance with environmental regulations. In 

accordance with IC 13-28-3 and IC 13-285, there is a small business assistance program ombudsman to provide 

a point of contact for small businesses affected by environmental regulations.'Information on the CTAP program, 

the monthly CTAP newsletter, and other resources available can be found at: 

www.in.govlidem/compliancelctaplindex.htmI 

Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator: 

Alison Surface 

IDEM Compliance and Technical Assistance Program - OPPTA 

MC 60-04 IGCS W041 

100 North Senate Avenue - -- -- 

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Indiana Register 

Indianapolis, IN 46204-2251 

(3 17) 232-8 172 or (800) 988-7901 

ctap@idem.in.gov 

The Small Business Assistance Program Ombudsman is: 

Megan Tretter 

IDEM Small Business Assistance Program Ombudsman 

MC 50-01 - IGCN 1307 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

(31 7) 234-3386 

mtretter@idem.in.gov 

326 IAC 8-10-1; 326 IAC 8-10-2; 326 IAC 8-10-3; 326 IAC 8-10-4; 326 IAC 8-10-5; 326 IAC 8-1 0-6; 326 IAC 8- 

- 10-7; 326 IAC 8-1 0-8; 326 IAC 8-1 0-9 

SECTION 1.326 IAC 8-10-1 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-1 0-1 Applicability 

Authority: IC 13-14-8; IC 13-1 7-34; IC 13-1 7-3-1 I 

Affected: IC 13-15; IC 13-17 

Sec. 1. (a) AlhA&e& This rule apply applies to any person who does the following: 

(1) Sells, offers for sale, or manufactures for sale -, e: %%Gem#y refinishing coatings 

or surface preparation products in the following: 

(A) Clark, Floyd, Lake, or Porter County. 

(B) All other counties on or after June 1,2009. 

(2) Owns, leases, operates, or controls a facility, as defined in 326 IAC 1-2-27, that refinishes motor vehicles, 

motor vehicle parts, motor vehicle components, or mobile equipment, as defined in section ?+&) 2(25) 

and 2@Qj 2(26) of this rule, in the following: 

(A) Clark, Floyd, Lake, or Porter County. 

(B) All other counties on or after June 1,2009. 

(b) The following activities are exempt from this rule: 

(1) Application of aerosol coating products. 

(2) Graphic design application. 

(3) Touch-up coating application. 

(c) This rule does not apply to individuals who: 

(I) own; 

(2) lease; 

(3) operate; or 

(4) control; 

a facility, as defined in 326 IAC 1-2-27, that refinishes three (3) or fewer motor vehicles per calendar year. 

(d) The exemption provided by 326 IAC 8-2-9(b)(4) shall not apply+ exempt any facility st&@&b from the 

requirements of this rule. 

(Air Pollution Control Board; 326 IAC 8-70-7; filed (3ct 3, 1995, 3:00 p.m.: 19 IR 194; filed Jull4, 1998, 5:04 p.m.: 

21 IR 4578; filed Apr 23, 1999,2:12 p.m.: 22 IR 2856) 

SECTION 2.326 IAC 8-10-2 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-10-2 Definitions 

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Authority: 1C 13-1 4-8; IC 13-1 7-3-4 

Affected: IC 13-32 

i 

Sec. 2. The following definitions fkaH apply throughout this rule: 

(I) "Adhesion promoter" means a coating: 

(A) used to promote adhesion of a topcoat on surfaces such as: 

(i) trim moldings; 

(ii) door locks; and 

(iii) door sills; or 

(6) that provides adhesion to plastic substrates, where sanding is impracticable. 

The term excludes primers, primer sealers, primer surfacers, and topcoats. 

(2) "Aerosol coating products" means a mixture of: 

(A) resins; 

(B) pigments; 

(C) liquid solvents; and 

(D) gaseous propellants; 

packaged in a disposable can for hand-held application. 

(3) "Anti-glarelsafety coating" means a low gloss coating formulated to eliminate or reduce glare for safety 

purposes on interior surfaces of a vehicle, as specified under the United States Department of Transportation 

Motor Vehicle Safety Standards. 

(4) "Application station" means the part of an automobile refinishing facility where coatings are applied. 

(5) "Automobile refinishing" means refinishing operations for after-market motor vehicles, motor vehicle 

parts, motor vehicle components, or mobile equipment performed in: 

(A) auto body and repair shops; 

(6) production paint shops; 

(C) new car dealer repair and paint shops; 

(D) fleet operation repair and paint shops; and 

(E) any other facility wbkh that coats vehicles under the Standard Industrial Classification (SIC) code 7532 

(top, body, and upholstery repair shops and paint shops). o 

ift&Ahg The term includes dealer repair of vehicles damaged in transit. 

(6) "Basecoat" means a pigmented topcoat wbkb that is the first topcoat applied as part of a multistage 

topcoat system. 

(7) "Basecoat/clearcoat system" means a topcoat system composed of a pigmented basecoat portion and a 

transparent clearcoat portion. The VOC content of a basecoat/clearcoat system 

shall be calculated according to the following formula: 

Where: VOCTbclcc = VOC content as applied of the basecoat (bc) and clearcoat (cc) systems. 

VOCbc = VOC content as applied of any given basecoat. 

VOCcc = VOC content as applied of any given clearcoat. 

4% "CC - It . . 

(8) "Catalyst" means a substance whose presence enhances the reaction between chemical compounds. 

fr51) (9) "Clearcoat" means a topcoat w4kb that: 

(A) contains no pigments or only transparent pigments; and wkiek 

(6) is the final topcoat applied as a part of a multistage topcoat system. 

&2j (10) "Coating" means a protective, decorative, or functional material with VOC content greater than zero 

(0) used in automobile refinishing operations. 

(11) "Color match" means the ability of a repair coating to blend in an existing coating so that color 

-' 

difference is not visible. 

(12) "Container" means a vessel or tank used to store any of the following: 

t (A) Coatings. 

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(B) Surface preparation products. 

(C) Solvents. e~ 

(D) Waste. 

(I 3) "Disposed off site" means sending outside of the refinishing facility the used: 

(A) coatings; 

(6) surface preparation products; 

(C) solvents; or 

(D) wastes. 

(49j (14) "Elastomeric materials" means topcoats and primers that are specifically formulated for application 

over flexible parts such as the following: 

(A) Filler panels. & 

(B) Elastomeric bumpers. 

f£@ (15) "Electrostatic application" means the application to a substrate of charged atomized paint droplets 

W that are deposited by electrostatic attraction. 

0 (1 6) "Equipment" means devices that are used to transfer or apply coating, surface preparation product, 

or solvent, such as, but not limited to, the following: 

(A) Spray guns ad 

(B) Brushes. e~ 

(C) Nonrefillable aerosol cans. 

0 (17) "Exempt compounds" means a nonphotochemically reactive hydrocarbon as defined in 326 IAC 1-2- 

a. 

(18) "Gloss flatteners" means coatings that are formulated to provide low gloss to match original 

equipment manufacturer's (OEM) specifications. 

(24j (19) "Graphic design application" means the application of: 

(A) logos; 

(B) letters; 

(C) numbers; and 

(D) graphics; 

to a painted surface, with or without the use of a template. 

f?5) (20) "Ground support" means vehicles used in support of aircraft activities at airports. 

(21) "Hardenern means an additive designed to promote a faster cure of coatings w&b that cure by 

cross-linking of.the resin components. 

-0 (22) "High-volume, low-pressure (HVLP) spray" means technology used to apply coating to a substrate by 

means of coating application equipment whkb that operates between one-tenth (0.1) and ten (10) pounds per 

square inch gauge (psig) air pressure measured dynamically at the center of the air cap and at the air horns of 

the spray system. 

(28) (23) "Material safety data sheet" or "MSDS means the chemical, physical, technical, and safety 

information document supplied by the manufacturer of the coating, solvent, or other chemical product, usually 

through the distribution network or retailers. 

(24) "Midcoat" means a semitransparent topcoat wkidt that is the middle topcoat applied as part of a 

three (3) stage topcoat system. 

(Mj (25) "Mobile equipmentn means any equipment whkb that may be driven or drawn on a roadway, 

including, but not limited to, the following: 

(A) Truck bodies. 

(B) Truck trailers. 

(C) Cargo vaults. 

(D) Utility bodies. 

(E) Camper shells. 

(F) Construction equipment, such as the following: 

(i) Mobile cranes. 

(ii) Bulldozers. ftR$ 

(, (iii) Concrete mixers. 

i (G) Farming equipment, such as the following: 

(i) Tractors. 

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(ii) Plows. ad 

(iii) Pesticide sprayers. 

(H) Miscellaneous equipment, such as the following: 

(i) Street cleaners. 

(ii) Golf carts. 

(iii) Ground support vehicles. 

(iv) Tow motors. 

(v) Fork lifts. 

0 (26) "Motor vehicles" means the following: 

(A) Automobiles. 

(8) Buses. 

(C) Trucks. 

(D) Vans. 

(E) Motor homes. 

(F) Recreational vehicles. 

(G) Motorcycles. 

(27) "Multicolor coating" means a topcoat wktkb that is: 

(A) a coating that exhibits more than one (I) color when applied; EMS . . 

(B) packaged in a single container; and 

(C) applied in a single coat. 

@3j (28) "Multistage topcoat system" means any basecoatlclearcoat topcoat system or any three (3) stage 

topcoat system: 

(A) manufactured as a system; and 

(B) used as specified by the manufacturer. 

. . 

-metal primarily to deactivate the metal 

surface to provide corrosion resistance against a subsequent water-based primer. 

(36j (30) "Pretreatment wash primer" means the first coat applied to bare metal if solvent-based primers will be 

applied. This coating: 

(A) contains a minimum of five-tenths percent (0.5%) acid by weight; 

(B) is necessary to provide surface etching; and 

(C) is applied directly to bare metal surfaces to provide corrosion resistance. 

(87) (31) "Primer" means any coating applied to a substrate prior to the application of a topcoat for the purpose 

of providing any of the following: 

(A) Corrosion resistance. 

(B) Adhesion of subsequent coatings. ef 

(C) Color uniformity. 

(32) "Primer sealer" means any coating applied to a substrate prior to the application of a topcoat to: 

(A) provide: 

(i) corrosion resistance; 

(ii) adhesion of the topcoat; and 

(iii) color uniformity; and 

(B) promote the ability of an undercoat to resist penetration by the topcoat. 

(39j (33) "Primer surfacer" means any coating applied to a substrate prior to the application of a topcoat to: 

(A) provide: 

(i) corrosion resistance; and 

(ii) adhesion of the topcoat; and 

(B) promote a uniform surface by filling in surface imperfections. 

(44j (34) "Reducer" means the solvent added to dilute a coating, usually for the purpose of lowering the 

viscosity of a coating. 

+%) (35) "Refinishing" means any coating of motor vehicles, motor vehicle parts, & motor vehicle 

components, or mobile equipment, including partial body collision repairs, for the purpose of protection or 

beautification and wMb that is-subsequent to the original coating applied at an original equipment 

manufacturing (OEM) plant coating assembly line. 

@2j (36) "Refinishing job" means for each motor vehicle or piece of mobile equipment any or all of the 

following: 

(A) Surface preparation. 

(B) Primer application. i (C) Primer surfacer application. 

(D) Primer sealer application. 

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(E) Topcoat application. 

@-3j (37) "Repair coating" means a coating that is used in the repair of: 

(A) a motor vehicle; 

(B) a motor vehicle part; 

(C) a motor vehicle component; or 

(D) mobile equipment. 

f44j (38) "Reused on site" means the reuse of a: 

(A) coating; 

(B) surface preparation product; or 

(C) solvent; 

in the refinishing facility. 

(39) "Solvent" means a liquid containing VOCs that is used for: 

(A) dissolving or dispersing constituents in a coating; 

(B) adjusting the viscosity of a coating; or 

(C) cleaning application stations, equipment, or containers. 

(40) "Specialty coatings" means coatings wbkb that are necessary due to unusual and uncommon job 

performance requirements, including, but not limited to, the following: 

(A) Weld-through primers. 

(B) Adhesion promoters. 

(C) Uniform finish blenders. 

(D) Elastomeric materials. 

(E) Gloss flatteners. 

(F) Bright metal trim repair. 

(G) Anti-glarelsafety coatings. 

(H) Multicolor coatings. 

f4-3f (41) "Spot repairs" means repairs to motor vehicles in which the damaged area to be repaired is limited to 

only a portion of any given panel so that an entire panel need not be repaired. 

(42) "Substrate" means the surface onto which coatings or surface preparation products are applied. 

f44) (43) "Surface preparation products" means products with VOC content greater than zero (0) used to 

remove: 

(A) wax; 

(B) tar; 

(C) grease; and 

(D) other undesirable contaminants; 

from the surface to be refinished. 

@Oj (44) "Three (3) or four (4) stage topcoat system" means a topcoat system composed of a pigmented 

basecoat portion, a semitransparent midcoat portion, and a transparent clearcoat portion. The VOC content of 

a three (3) stage coating system shall be calculated according to the following formula: 

Where: VOCT3Stage = VOC content as applied of the three (3) stage coating system. 

VOC, = VOC content as applied of any given basecoat. 

v°Cmc = VOC content as applied of any given midcoat. 

VOCcc = VOC content as applied of any given clearcoat. 

The VOC content of a four (4) stage system shall be calculated using the same formula specified for the three 

(3) stage coating system except that there would be an additional coating in the numerator, and the 

denominator would be five (5). 

(45) "Topcoat" means the final film or series of films of coating applied to a substrate for the purpose of 

protection or appearance. 

(46) "Touch-up coating" means a coating applied by brush or hand-held, nonrefillable aerosol cans to 

repair minor surface damage and imperfections. 

&%) (47) "Uniform finish blenders" means coatings that are utilized to ensure that the coatings applied during 

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the refinishing of a vehicle imperceptibly blend in with the undamaaed finish of - repaired and undamaged 

portions of the: 

(A) motor vehicle; 

(B) motor vehicle parts; 

(C) motor vehicle components; or 

(D) mobile equipment. 

f54$ (48) "VOC content" of coating or surface preparation products means the weight of VOC, less water, and 

less exempt sekefrk compounds, per unit volume, of coating or surface preparation product. 

f55j (49) "VOC content as applied" of coatings or surface preparation products means the VOC content of the 

coating or surface preparation product, as applied to the substrate. 

(50) "VOC content as supplied" means the VOC content of coating or surface preparation products, sold 

and delivered by the manufacturer to the user. 

(51) "Volatile organic compound" or "VOC" has the meaning set forth in 326 IAC 1-2-90. 

+SF) (52) "Weld-through primer" means primers that have the characteristics of withstanding high temperatures 

associated with welding without catching fire. 

(Air Pollution Control Board; 326 IAC 8-10-2; filed Oct 3, 1995, 3:00 p.m.: 19 IR 194; errata filed Dec 11, 1995, 

3:00 p.m.: 19 IR 674) 

SECTION 3.326 IAC 8-10-3 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-10-3 Requirements 

Authority: IC 13-14-8; IC 13-17-3-4 

Affected: IC 13-12 

Set. 3. (a)-= ?, ? $95; Each manufacturer or distributor of coatings or surface 

preparation products manufactured or distributed for use in a lndiana shall 

comply with the following: 

(1 ) The The VOC content limits listed 

in section 40 4(a) of this rule. 

(2) The compliance procedures outlined in section 6(a) of this rule. 

(b) Any person commercially providing refinishing coatings or surface 

preparation products for use in r'--'- lndiana that were manufactured after 

, ,99& January 11, 1999, shall comply with the following: 

(1) The VOC content limits listed in section 4fB) 4(a) of this 

rule. 

(2) The compliance procedures outlined in section 6(b) of this rule. 

(c) ?, ?W Any person applying any coating or surface preparation product in Gkk+&& 

lndiana shall comply with the following: 

(1) The provisions of section 4&! 4 of this rule. 

(2) The work practice standards of section 5 of this rule. 

(3) The compliance procedures outlined in section 6(c) of this rule. 

(4) The test procedures in section 7 of this rule. 

(d) NO person shall solicit or require any refinishing facility subject to this rule to 

use a refinishing coating or surface preparation product that does not comply with the VOC content limits listed in 

section 4(a) of this rule. . . 

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(Air Pollution Control Board; 326 IAC 8-10-3; filed Oct 3, 1995, 3:00 p.m.: 19 IR 197; filed Apr 23, 1999, 2:12 p.m.: 

22 IR 2856) 

SECTION 4.326 IAC 8-10-4 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-10-4 Means to limit volatile organic compound emissions 

Authority: IC 13-14-8; IC 13-17-3-4 

Affected: IC 13-12 

Sec. 4. (a) 7; 1, ?29& The owner or operator of a refinishing facility subject to this rule shell 

limit emissions of VOCs from refinishing operations by 

using coatings or surface preparation products %&meet with VOC limits based on the VOC content 

as applied. The VOC content shall not exceed the following limits: 

Coating Category VOC Limit 

grams Ibs 

liter gallon 

Pretreatment wash primer 780 6.5 

Precoat 660 5.5 

Primerlprimer surfacer 576 4.8 

Primer sealer 552 4.6 

Topcoat 

Single and two stage 600 5.0 

Three and four stage 624 5.2 

Multi-colored topcoat 680 5.7 

Specialty 840 7.0 

For surface preparation products: 

Type of Substrate VOC Limit 

grams Ibs 

liter gallon 

Plastic 780 6.5 

Other 168 1.4 

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@j (b) Application of all specialty coatings except anti-glarelsafety coatings shall not exceed five percent (5%) 

by volume of all coatingsapplied on a monthly basis. 

(Air Pollution Control Board; 326 IAC 8-10-4; filed Oct 3, 1995, 3:00 p.m.: 79 IR 197) 

SECTION 5.326 IAC 8-10-5 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-10-5 Work practice standards 

Authority: IC 13-14-8; IC 13-17-3-4 

Affected: IC 13-1 2 

Sec. 5. (a) 1, ? 9%% The owner or operator of a refinishing facility subject to this rule shall 

ensure that spray guns are cleaned in an enclosed device that: 

(1) is closed during: 

(A) spray gun equipment cleaning operations except when depositing and removing objects to be cleaned; 

and 

(B) noncleaning operations with the exception of the maintenance and repair of the ! cleaning device itself; and 

f3) (2) recirculates cleaning solvent during the cleaning operation so that the solvent is available for reuse on 

site or for disposal off site. 

The cleaning device shall be operated and maintained according to the manufacturer's recommendations. The 

owner or operator of the refinishing facility subject to this rule shall have the cleaning device manufacturer's 

recommendations available for inspection upon request by the department or the U.S. EPA. 

(b) 8RaR4a#erlbQaj, ? , ?99% The owner or operator of a refinishing facility subject to this rule shall use one 

(1) or a combination of the following equipment for coating application: 

(1) Electrostatic equipment. 

(2) High-volume, low-pressure (HVLP) spray equipment. 

(3) Any other coating application equipment that has been demonstrated, by the owner or operator, to the 

satisfaction of the department to be capable of achieving at least sixty-five percent (65%) transfer efficiency. 

The owner or operator must submit sufficient data for the department to be able to determine the accuracy of 

the transfer efficiency claims. 

Coating application equipment shall be operated and maintained according to the manufacturer's 

recommendations. The owner or operator shall have the manufacturer's recommendations available for inspection 

upon request by the department or the U.S. EPA. 

(c) -' The owner or operator of a refinishing facility subject to this rule shall implement 

housekeeping practices, which include the following: 

(1 ) All: 

(A) paper; ef 

(B) cloth; 

(C) plastic; or 

(D) other materials; 

used for activities such as surface preparation and surface cleanup that have been contaminated with 

coatings or solvent shall be stored, in closed containers until disposed of off site. The containers shall remain 

closed unless being filled or emptied. 

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(2) Except when actively or directly applying, store in closed 

containers, all fresh or used refinishing materials including, but not limited to, the following: I (A) Solvents. 

(B) Coatings. (, (C) VOC-containing additives and materials. 

(D) VOC-containing waste materials. 

(3) Storage containers and equipment shall be free from: 

(A) cracks; 

(B) holes; and 

(C) leaks. 

(4) Waste coatings and used automotive fluids shall be stored in closed containers. 

(5) Equipment cleanup shall be performed with methods that minimize the use of solvents. Reasonable efforts 

shall be made to reclaim the bulk of used solvents. No cleaning shall be performed by direct spraying of 

solvents into the atmosphere. 

(6) Effort shall be made to schedule operations of a similar nature to significantly reduce total 

eewpmd VOC material consumption. 

(7) Coatings or surface preparation products shall be applied in a manner that minimizes overspray. 

(d) The owner or operator of a refinishing facility subject to this rule shall comply with the training 

requirements of this rule as follows: 

(1) VW$+K%+ Develop a written training program. The training program may include training 

provided by the manufacturer or supplier and shall include written procedures and hands-on demonstration, as 

appropriate, on the following topics: 

(A) Identification of appropriate coatings or surface preparation products. 

(B) Preparation of coatings or surface preparation products according to coating manufacturer, distributor, or 

owner or operator's recommendations. 

(C) Application of coatings or surface preparation products or organic solvents using techniques that 

minimize their usage. 

(D) Operation and maintenance of spray gun cleaning equipment to minimize evaporation of organic 

solvents to the atmosphere. 

(E) Work practice standards established in subsection (c). 

(F) Procedures to: 

(i) gather; 

(ii) record; 

(iii) monitor; and 

(iv) report; 

data in accordance with section 9 of this rule. 

(2) Provide annual refresher training prior to May 1 of each year to any employee performing one (I) or more of the activities listed in subdivision (I). St!&The training shall be appropriate to 

the job responsibilities of the employee. 

(3) Any person may perform one (1) or more activities addressed in subdivision (I), for not more than one 

hundred eighty (180) days, notwithstanding the requirement of subdivision (2), provided each of the following: 

(A) St& The untrained person works under the supervision of a person who meets the training 

requirements of subdivision (2). 

(B) The owner or operator keeps the following records: 

(i) The date the person was assigned to the activity. 

(ii) The date training was completed. 

(iii) The name of the person providing the supervision. 

(4) The owner or operator of the refinishing operation subject to this rule shall keep records of the training 

program. The records shall consist of the following: 

(A) The date training was completed. 

(B) A list of persons, by name and activity and the topics in which they have been trained. 

(C) A statement signed by the trainer certifying each trainee who satisfactorily has completed training in the 

topics and is proficient in the procedures specified in subdivision (1). 

(Air Pollution Control Board; 326 IAC 8-10-5; filed Oct 3, 1995, 3:00 p.m.: 19 IR 198; errata filed Dec 11, 1995, 

3:00 p.m.: 19 IR 674; filed Jul14, 1998, 5-04 p.m.: 21 IR 4518; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1568) 

SECTION 6.326 IAC 8-10-6 IS AMENDED TO READ AS FOLLOWS: 

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326 IAC 8-10-6 Compliance procedures 

Authority: IC 13-94-8; I& 13-17-3-4 

Affected: IC 13-12 

Set. 6. (a) -r 1, ? 995; Each manufacturer of coatings or surface preparation products 

who supplies coatings or surface preparation products to a distributor, retailer, or owner or operator of a 

refinishing facility ' subject to this rule shall, for each coating or surface 

preparation prod

the owner or operator of a refinishing facility with a 

written record or document containing the following coating or surface preparation product information: 

(1) Product description. 

(2) Date of manufacture, date code, or batch number. 

(3) Thinning instructions. 

(4) The VOC content in grams per liter and pounds per gallon, as packaged or as 

supplied: 

(A) for single coat products, the VOC as applied after any thinning recommended by the manufacturer; or 

(B) for multistage systems in which the VOC as applied is dependent upon the VOC content of a 

combination of products with varying VOC levels, provide: 

(i) a list of the maximum allowable packaged VOC for the individual layers; 

(ii) a comprehensive chart of color combinations and the as-applied VOC content; or 

(iii) a simple to use formula or grid for the end user to calculate the as-applied VOC content of their 

multistage system. 

(5) A statement that the coating is, or is not, in compliance with the VOC limits in section 4fbj 4(a) of this rule. 

(6) The: 

(A) name; 

(6) address; 

(C) telephone number; and 

I (D) signature; 

of the person purchasing the product. 

(. (b) Any person who is engaged in commercially providing ewthg coatings or 

surface preparation products in Indiana shall provide to the recipient and 

shall keep the following records of all coatings or surface preparation products supplied. -The 

records shall include the following: 

(I) The product description. 

(2) The amount supplied. 

(3) The date supplied, date code, or batch number. 

(4) The VOC content in grams per liter and pounds per gallon, as packaged or as 

supplied: 

(A) for single coat products, the VOC as applied after any thinning recommended by the manufacturer; or 

(9) for multistage systems in which the VOC as applied is dependent upon the VOC content of a 

combination of products with varying VOC levels, provide: 

(i) a list of the maximum allowable packaged VOC for the individual layers; 

(ii) a comprehensive chart of color combinations and their as-applied VOC content; or 

(iii) a simple to use formula or grid for the end user to calculate the as-applied VOC content of their 

multistage system. 

(5) The: 

(A) name; 

(B) address; 

(C) telephone number; and 

(D) signature; 

of the person purchasing the product. 

(c) -; ? , 1% The owner or operator of a refinishing facility subject to this rule shall submit to 

( the department a statement signed by a responsible official of the facility certifying that the facility has acquired 

i and will continuously employ wathgj coatings or surface preparation products meeting the VOC limits of section 

4++ 4(a) of this rule. 

Date: May 28,2009 327:34PM EDT DIN: 20081022-IR-326060603PRA Page 11 
lndiana Register 

(Air Pollution Control Board; 326 IAC 8-110-6; filed Oct 3, 1995, 3:00 p.m.: 19 IR 199; filed Jul 14, 1998, 5-04 p.m.: 

21 IR 4519; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 11568) 

i 

SECTION 7. 326 IAC 8-10-7 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-10-7 Test procedures 

Authority: IC 13-'f4-8; IC 13-1 7-3-4 

Affected: IC 13-1 2 

Sec. 7. (a) Owners or operators of refinishing facilities subject to this rule shall be subject to the applicable test 

m&ed methods and requirements of 326 IAC 8-1-4 and 40 CFR 60, Appendix A*. 

(b) Owners or operators may use data provided with coatings or surface preparation products formulation 

information such as the: 

(1) container label; #e 

(2) product data sheet; and Cke 

(3) MSDS sheet; 

in order to comply with sections 4 and 9(a) of this rule. The department and U.S. EPA may require VOC content 

determination and verification of any coating or surface preparation product using 40 CFR 60, Appendix A, 

Method 24*. In the event of any inconsistency between 40 CFR 60, Appendix A, Method 24 and formulation data, 

40 CFR 60, Appendix A, Method 24 shall govern. 

*These documents are incorporated by reference. Copies may be obtained from the Government Printing 

Office, 732 North Capitol Street NW, Washington, D.C. 20401 or are available for review and copying at the 

lndiana Department of Environmental Management, Office of Air Quality, lndiana Government Center North, 

Tenth Floor, 100 North Senate Avenue, Indianapolis, lndiana 46204. 

(Air Pollution Control Board; 326 IAC 8- 10-7; filed Ocf 3, 1995, 3.90 p.m.: 19 IR 199; errata filed Dec I I, 1995, 

3:00 p.m.: 19 IR 674; errata filed Dec 12, 2002, 3:35 p.m.: 26 IR 1568; filed Aug 26, 2004, 11:30 a.m.: 28 IR 58) 

SECTION 8.326 IAC 8-1 0-9 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-104 Record keeping and reporting 

Authority: JC 13-1 4-8; IC 13-1 7-34 

Affected: 1C 13-42 

Sec. 9. (a) Owners or operators of refinishing facilities subject to the provisions of section 4@j 4(a) of this rule 

t shall keep records of the following: 

(1) For each batch of coating mixed or refinishing job performed, the following information: 

i (A) Batch or job identification number or name. 

Date: May 28,2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA 

- - 

Page 12 
Indiana Register 

/B) Date batch made or iob ~erformed. 

(c) Coating category, cdnsistent with the coating categories in section 4+j 4(a) of this rule. 

(D) Coating manufacturer's name and identification number. 

(E) Either the quantity used in making the mix or the mix ratio used. 

(F) VOC content as supplied or packaged. 

(G) Manufacturer's name and identification number of added components, such as the following: 

(i) Catalysts. 

(ii) Reducers. me-4 

(iii) Hardeners. 

(H) Either the quantity of components added or the mix ratio used. 

(2) For each surface preparation product used, the following information: 

(A) Manufacturer's name and identification number. 

(B) Substrate to which the product is applied. 

(C) VOC content as supplied per calendar month for: 

(i) number of containers used; and 

(ii) volume of each container in suitable units, such as quarts, gallons, pints, other similar units, and the 

ratio of components added. 

(3) a Documents such as MSDS, or product or other data sheets for a period 

of three (3) years following use of the product. MSDS or product or other data sheets may be used by the U.S. 

EPA or the department to verify the VOC content, as supplied, provided by the coating manufacturer, 

distributor, or supplier, of the coatings or surface preparation products. 

- -- 

Date: May 28,2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA Page 13 
Indiana Register 

1 

0 (b) Owners or operators of refinishing facilities ek&d-by subject to this rule shall maintain the following 

records: 

(1) Records of training programs as required in section 5(d) of this rule. 

(2) Initial compliance statements as required in section 6(c) of this rule. 

(3) Records as required in this section. 

(c) Owners or operators of refinishing facilities a%&e&y subject to this rule shall: 

(1) maintain all records for a minimum of three (3) years; and st+& 

(2) make records available to the department and the U.S. EPA upon request. 

(ej (d) Failure to maintain records required by subsections (a) t4wx@+@ and (b) shall constitute a violation of 

this rule for each day records are not maintained. 

(e) Owners or operators of refinishing facilities subject to this rule shall report within thirty (30) days 

to the department the following: 

(I) Any incidence in which noncompliant coating was used. 

(2) The reasons for use of the noncompliant coating. 

(3) Corrective actions taken. 

(Air Pollufion Control Board; 326 IAC 8-10-9; filed Oct 3, 1995, 3:00 p.m.: 79 IR 200; errata filed Dec I I, 1995, 

3:00 p.m.: 19 IR 674; filed Jul14, 1998, 5:04 p.m.: 21 IR 4520) 

SECTION 9.326 IAC 8-10-8 IS REPEALED. 

i 

Notice of Public ~earin~ 

Posted: 10/22/2008 by Legislative Services Agency 

An html version of this document. 

l 

\ 

Date: May 28,2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA Page 14 

ADMINISTRATIVE CHECKLIST (40 CFR 51, Appendix V) 

C 

1. The submittal is accompanied by a formal letter of submittal Enclosed 

from the governor or his designee. 

2. Evidence that the State has adopted the plan in the State code Signature Page 

or body of regulations; or issued the permit, order, consent 

agreement ("document"); in final form. 

a. Date of adoption or final issuance: January 7,2009 

b. The effective date of the plan, if different April 26,2009 

fiom the adoption/issuance date. 

3. Evidence that the State has the necessary legal authority IC 13-14-8 

under state law to adopt and implement the plan. 

4. A copy of the actual regulation or document submitted for Final rule as printed in IR 

approval and incorporation by reference into the plan, 

including the following: 

a. Indication of the changes made to the existing 

approved plan, where applicable. 

b. The submittal shall be a copy of the official State 

regulation or document signed, stamped, dated by 

the appropriate state official indicating that it is fblly 

enforceable by the State. Effective date shall be stated 

in the document itself 

5. Evidence that the State followed all of the procedural Signature page 

requirements of the State's laws and constitution in 

conducting and completing the adaption/issuance of the plan. 

6. Evidence that public notice was given, including date of 

proof of publication. 

- X - Notice of First Public Hearing and Publishers' Affidavits 

- X - Notice of Second Public Hearing and Publishers' i4ffidavits 

7. Certification that public hearings were held in accordance 

with information provided in public he;aring,notice. 

- X- Transcript fiom First Public Hearing 

- X- Transcript fi-om Second Public Hearing 

i + 

( 8. Compilation of public comments and State's response. 
- X- Second Notice 

- NIA- Proposed Rule 

9. Technical Support Document (if source specific change). NIA