lndiana Register
TITLE 326 AIR POLLUTION CONTROL BOARD

Proposed Rule LSA Document#06-603

DIGEST

Amends 326 IAC 8-10-1through 326 IAC 8-10-7 and 326 IAC 8-10-9 concerning automobile refinishing operations in Indiana. Repeals 

### 326 IAC 8-10-8. Effective30 days after filing with the Publisher.

HISTORY First Notice: December27,2006, 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 statesthat 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 EnvironmentalManagement (IDEM) is not requesting additional comment on this proposed rule.

SUMMARYIRESPONSETO 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 receivedcomments from the following parties: ImprovingKids' Environment(IKE) Following isa summary of the comments received and IDEM's responses thereto: 

### Comment: Emissionsof volatile organic compounds (VOCs) from automobile refinishing operations contribute to ozone formation and can include air toxics. IKE isa notfor profit organization based in Central

' lndiana that seeks to reduce environmentalthreats to children's health, including air pollution. IKE is fully supportive of IDEM's proposal to extend the existing requirementsfor automobile refinishersthat

are now effective in only four countiesto the rest of the state. The current rule isa 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 bythis 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 reducingair toxics where ever they are emitted is beneficialto public health, it is prudent to requirethese work practicesthroughout the state and thereby provide greater health protectionfor lndiana residents. (IKE) Response: IDEM is cognizant of the importance in addressingthe ozone issue from a regional perspective. Extendingthe automobile refinishing rulesto all lndiana counties will contributetoa regionalcontrol of VOCs that will assist many counties intheir efforts to reach and maintainattainmentfor the &hour ozone standard.

SUMMARYIRESPONSETO COMMENTS RECEIVEDAT THE FIRST 

### PUBLIC HEARING On October 1,2008, the Air Pollution Control Board (board) conducted the first public hearinglboard meeting concerning the developmentof amendments to 326 IAC 8-10 and repealof 326 IAC 8-10-8. No comments were made at the first hearing. 

### Small BusinessAssistance Information IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program provides assistance to smaH businessesand 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 businessesaffected byenvironmental 

### regulations.'Informationon the CTAP program, the monthly CTAP newsletter, and other resources available can befound at: 

### www.in.govlidem/compliancelctaplindex.htmI Small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:

Alison Surface IDEM Complianceand TechnicalAssistance Program

# - OPPTA MC 

### 60-04 IGCSW041 100 

### North SenateAvenue

- -- -- Date: May 28.2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA Page IIndiana Register Indianapolis, IN46204-2251 (317) 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, IN46204-2251 (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 8-10-6; 326 IAC 

### 8- 10-7; 326 IAC 8-10-8; 326 IAC 8-10-9 

## -

SECTION 1.326 IAC 8-10-1 IS AMENDED TO READAS 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 ruleapply applies to any personwho does the following: 

### (1) Sells, offers for sale, or manufactures for sale 

### -, 

### e: %%Gem#y refinishing coatings

or surface preparation products inthe 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, motorvehicle components, or mobile equipment, as defined in section 

### ?+&) 2(25) and 

### 2@Qj 2(26) of this rule, inthe following: 

### (A) Clark, Floyd, 

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

(b) The following activitiesare 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 individualswho: (I) own; 

### (2) lease; (3) operate; or 

### (4) control;

a facility, as defined in326 IAC 1-2-27, that refinishes three 

### (3) or fewer motorvehicles 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 ofthis rule.



### (Air Pollution 

### ControlBoard; 

### 326 

### IAC 

### 8-70-7; filed (3ct3, 

### 1995, 3:00p.m.: 19

### IR 194; filedJull4, 1998, 5:04p.m.: 21 IR 

### 4578; filedApr 

### 23, 1999,2:12p.m.: 

### 22 IR 2856)

SECTION 

### 2.326 IAC 

### 8-10-2 ISAMENDED TO READ AS FOLLOWS:

326 IAC 8-10-2 Definitions

Date: May 28,2009 3:27:34PM EDT DIN: 20081022-IR326060603PRA Page2

### Indiana Register Authority: 1C 13-1 4-8; IC 13-17-3-4 

### Affected: IC 13-32



## i Sec. 2. 

### The following definitionsfkaH 

### apply throughout this rule: (I) 

### "Adhesion promoter" means a coating: (A) used to promote adhesion of atopcoat 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, asspecified underthe UnitedStates Department of Transportation Motor Vehicle Safety Standards. (4) 

### "Application station" means the part of an automobile refinishingfacility where coatings are applied. 

### (5) "Automobile refinishing" means refinishing operationsfor after-market motorvehicles, motor vehicle parts, motorvehicle 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 paintshops; and 

### (E) any other facilitywbkhthat coats vehicles under the Standard Industrial Classification (SIC) code 7532 

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

### ift&AhgThe term includes dealer repair of vehicles damaged intransit. (6) 

### "Basecoat" means a pigmentedtopcoat wbkbthat isthe first topcoat applied as part of a multistage topcoat system. (7) 

### "Basecoat/clearcoatsystem" means a topcoat system composed of a pigmented basecoat portionand a transparent clearcoat portion. The VOC content of a basecoat/clearcoat system shall be calculated accordingto 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

### w4kbthat: (A) contains no pigments or onlytransparent pigments; and 

### wkiek (6)

### isthe 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" meansthe ability of a repair coatingto blend in an existing coating so that color

-' 

### difference is notvisible. (12) 

### "Container" means a vessel or tank usedto store any of thefollowing: 

# t (A) Coatings.

Date: May 28,2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA Page 3Indiana Register (B) Surface preparation products. (C) Solvents. 

### e~ (D) Waste.

(I

3) "Disposed off site" means sending outside of the refinishingfacility 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 applicationto a substrate of charged atomized paint droplets 

### W that are deposited by electrostaticattraction. 

## 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" meansthe applicationof:



### (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) "Hardenernmeans 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 usedto apply coatingto 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) "Materialsafety data sheet" or "MSDS means the chemical, physical, technical, and safety information document supplied by the manufacturerof the coating, solvent, or other chemical product, usually through the distribution networkor 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 equipmentnmeans any equipment

### whkb that may be driven or drawn on a roadway, including, but not limitedto, 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 thefollowing: (i) Tractors.

Date: May 28,2009 3:27:34PM EDT DIN: 20081022-IR-326060603~~~ Page 4Indiana Register (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 basecoatlclearcoattopcoat system or any three (3) stage topcoat system: 

### (A) manufactured as a system; and 

### (B) used as specified by the manufacturer.



### . 

## . -metal primarilyto deactivate the metal

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

### (36j (30) "Pretreatmentwash primer" means the first coat appliedto bare metal if solvent-based primerswill 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) isapplied 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 thefollowing:



### (A) Corrosion resistance. 

### (B) Adhesion of subsequent coatings. ef 

### (C) Color uniformity. (32) "Primer sealer" means any coating applied to a substrate priorto 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 priorto the applicationof a topcoat to: (A) provide:

(i) corrosion resistance; and (ii) adhesion of the topcoat; and 

### (B) promote a uniform surface by filling insurface imperfections. 

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

### +%) (35) "Refinishing" means any coating of motor vehicles, 

### motorvehicle parts, 

### &motor vehicle components, or mobile equipment, including partial body collision repairs, for the purpose of protection or beautification and 

### wMbthat is-subsequent to the original coating applied at an original equipment manufacturing

### (OEM) plant coating assembly line. 

### @2j (36) "Refinishingjob" meansfor each motorvehicle 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.

Date: May 28,2009 3:27:34PM 

### EDT DIN: 20081022-IR-326060603PRA Page 5Indiana Register 

### (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 usedfor:



### (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 uncommonjob performance requirements, including, but not limited to, the following:

(A) Weld-through primers. 

### (B) Adhesion promoters. 

### (C) Uniformfinish 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 motorvehicles inwhich the damaged area to be repairedis limitedto only a portion of any given panel so that an entire panel need not be repaired. 

### (42) "Substrate" meansthe surface onto which coatingsor 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 surfaceto be refinished. @Oj 

### (44) "Three (3) or four 

### (4) stage topcoat system" means a topcoat system composed of a pigmented basecoat portion, a semitransparentmidcoat 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 inthe numerator, and the denominatorwould befive 

### (5). (45) "Topcoat" meansthe finalfilm 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



### Date:May 28,20093:27:34PM 

### EDT DIN: 20081022-IR-326060603PRA Page 6lndiana Register the refinishingof 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 unitvolume, 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 manufacturerto the user. (51) "Volatile organic compound" or "VOC" has the meaning set forth in326 IAC 1-2-90. +SF) (52) "Weld-through primer" means primersthat have the characteristics of withstanding high temperatures associatedwith welding without catching fire. (Air Pollution ControlBoard; 326 IAC 8-10-2; filed Oct 3, 1995, 3:00

### p.m.: 19

### IR 194;errata filed Dec 11, 1995, 3:00p.m.: 19 IR 674)

SECTION 3.326 IAC 8-10-3 ISAMENDED TO READAS 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 manufactureror distributorof coatings or surface preparation products manufactured or distributed for use 

### in 

# a lndiana shall complywith 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 productsfor use in 

## r'--'- lndianathatwere manufacturedafter



### , ,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 insection 

### 6(b) of this rule.

(c) 

### ?, 

## ?W Any personapplying any coating or surface preparation product in

### Gkk+&& lndiana shall comply with the following: (1) The provisions of section 

### 4&! 4 ofthis rule. 

### (2) The work practice standards of section 

### 5 of this rule. (3) The compliance procedures outlined insection 6(c) ofthis rule. 

### (4) Thetest procedures in section 

### 7of this rule.

(d) NOpersonshall solicit or require any refinishingfacility subjecttothis rule to
use a refinishingcoating orsurface preparation productthat does not comply with the 

### VOC content limits listed in section 4(a) of this rule. 

## .

# .

Date: May 28,2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA Page 7Indiana Register

(Air Pollution ControlBoard; 326 IAC 8-10-3; filed Oct 3, 1995, 

### 3:00 p.m.: 19 IR 197; 

### filedApr 23, 1999, 2:12p.m.: 22 IR 2856)

SECTION 4.326 IAC 8-10-4 ISAMENDED 

### TO READAS 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 refinishingfacility subject to this rule shell limit emissions of VOCs from refinishingoperations by using coatings or surface preparation products

### %&meet with VOC limits basedontheVOC content

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

Coating Category 

### VOC Limit grams Ibs

liter gallon Pretreatmentwash primer 

### 780 6.5 Precoat 660 

### 5.5 Primerlprimersurfacer 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

Date: May 28,2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA Page 8

### Indiana Register

@j 

### (b)Application of all specialty coatings except anti-glarelsafetycoatings shall not exceed five percent (5%) by volume of all coatingsapplied on a monthly basis. (Air 

### PollutionControl Board; 326 IAC 

### 8-10-4; filed 

### Oct 3, 

### 1995, 3:00

### p.m.: 79

### IR 197)



### SECTION 5.326 

### IAC 8-10-5 

### ISAMENDED TO READAS 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 refinishingfacility subject to this rule shall ensure that spray guns are cleaned inan 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 operationswith 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 refinishingfacility 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 applicationequipment 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 departmentto be able to determine the accuracy of the transfer efficiency claims. Coating application equipment shall be operated and maintained accordingto 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 includethe following: (1

) All: 

### (A) paper; 

### ef (B) cloth; (C) plastic; or 

### (D) other materials; used for activities such as surface preparationand surface cleanupthat have been contaminatedwith coatings or solvent shall be stored, in closed containers until disposed of off site. The containers shall remain closed unless beingfilled or emptied.

Date: May 18,20093:27:34PM EDT DIN: 20081022-IR-326060603PRA Page 9Indiana Register (2) Except when actively or directly applying, store in closed containers, all fresh or used refinishing materials including, but not limitedto, 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) Equipmentcleanup shall be performed with methodsthat minimize the use of solvents. Reasonable efforts shall be made to reclaimthe 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 eewpmdVOC material consumption. (7) Coatings or surface preparation products shall be applied in a mannerthat minimizes overspray.

(d) The owner or operator of a refinishingfacility subject to this rule shall comply with the training requirementsof this rule as follows: (1) 

### VW$+K%+ Developa written training program. The training program may include training provided by the manufacturer or supplier and shall includewritten procedures and hands-on demonstration, as appropriate, on the following topics: (A) Identificationof appropriate coatings or surface preparationproducts. (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 usingtechniques that minimizetheir usage. (D) Operation and maintenance of spray gun cleaning equipmentto minimize evaporation of organic solvents to the atmosphere. (E) Work practicestandards established in subsection (c). (F) Proceduresto:

(i)gather; (ii) record; (iii) monitor; and 

### (iv) report; data in accordancewith section 9 of this rule. (2) Provide annual refresher training prior to May 

### 1of each year to any employee performingone (I) or more of the activities listed in subdivision 

### (I). St!& The training shall be appropriate to thejob responsibilitiesof 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 requirementof subdivision 

### (2), providedeach of the following:

(A) St& The untrained personworks underthe supervision of a person who meetsthe training requirements of subdivision (2). 

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

(i) The date the personwas assignedto the activity. (ii) The date training was completed. (iii) The name of the person providingthe supervision. 

### (4) The owner or operator ofthe refinishingoperation subject tothis ruleshall keep recordsof the training program. The recordsshall consist of the following:

(A) The date training was completed. 

### (B) A list of persons, 

### by name and activity and the topics 

### inwhichthey have beentrained. 

### (C) A statement signed 

### bythetrainer certifying each trainee who satisfactorily has completedtraining inthe topics and is proficient 

### in the proceduresspecified in subdivision 

### (1). 

### (AirPollution ControlBoard; 

### 326 IAC

### 8-10-5; filed Oct 

### 3, 1995, 3:00p.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, 3:35p.m.:26 IR 

### 1568)

SECTION 

### 6.326 IAC 

### 8-10-6 IS AMENDED 

### TO 

### READ AS 

### FOLLOWS:

Date: May 28.2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA Page 10lndiana Register
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 produ;d the owner or operator of a refinishing facility with a written record or document containingthe following coating or surface preparationproduct 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 packagedVOC for the individual layers; (ii) a comprehensive chart of color combinationsand the as-applied VOC content; or (iii) a simple to use formula or grid for the end user to calculate the as-appliedVOC content of their multistagesystem. 

### (5) A statement that the coating is, or is not, in compliancewith 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 purchasingthe product. 

# (. (b) Any personwho is engaged in commercially providing

### ewthg coatings or surface preparationproducts in Indianashall provideto the recipient and shall keepthe following records of all coatings or surface preparation products supplied. -The records shall includethe 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 

### bythe manufacturer; or (9)for multistage systems inwhich the VOC as applied is dependent upon the VOC content of a combinationof productswith varyingVOC levels, provide:



### (i) a list of the maximum allowable packaged VOC for the individual layers; (ii) a comprehensivechart of color combinations and their as-applied VOC content; 

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

### (5) The:



### (A) name; 

## (B) address; 

### (C) telephone number; and 

### (D) signature; of the person purchasingthe product.



### (c) -; ?


### , 1% The owner or operatorof a refinishing facility subject to this rule shall submit to 

## ( the department a statement signed by a responsibleofficial of the facility certifyingthat the facility has acquired



# i and will continuously employ 

### wathgjcoatings or surface preparationproducts meetingthe 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 ControlBoard; 326 IAC 

### 8-110-6; filed 

### Oct 3, 1995, 3:00 p.m.: 19 IR 

### 199; filed Jul 14, 

### 1998, 5-04p.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 

### READAS 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 refinishingfacilities 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 productsformulation 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 preparationproduct using 40 CFR 60, Appendix A, Method 24*. Inthe event of any inconsistency between 40 CFR 60, Appendix A, Method24 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 Departmentof EnvironmentalManagement, Office of Air Quality, lndiana GovernmentCenter North, Tenth Floor, 100 North Senate Avenue, Indianapolis, lndiana46204. (Air Pollution Control Board; 326 

### IAC8- 

### 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 filedDec 12, 2002, 3:35 p.m.: 26 IR 1568; filedAug 26, 2004, 11:30 a.m.: 28 IR58)

SECTION 8.326 IAC 8-10-9 

### ISAMENDED TO READAS 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 refinishingfacilities subject to the provisionsof section

### 4@j 

### 4(a) of this rule 

# t shall keep recordsof the following: 

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

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

Date: May28,2009 3:27:34PM EDT DIN: 20081022-IR-326060603PRA - - Page 12Indiana 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 makingthe mix or the mix ratio used. (F) VOC content as supplied or packaged. (G) Manufacturer'sname and identificationnumber of added components, such as the following:

(i) Catalysts. (ii) Reducers.me-4 

### (iii) Hardeners. (H) Eitherthe quantity of componentsadded 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 28,20093:27:34PM EDT 

### DIN:20081022-IR-326060603PRA Page 13Indiana Register

1 

## 0(b) Owners or operators of refinishing facilities

### ek&d-by subject 

### to this rule shall maintain the following records: (1) Recordsof 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 inthis section.



### (c) Owners or operators of refinishing facilities 

### a%&e&y subject to this rule shall: (1) maintain all recordsfor a minimum of three (3) years; and 

### st+& (2) make records available to the department and the 

### U.S. EPA upon request.

(ej (d) Failureto 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. (AirPollufion ControlBoard; 326 

### IAC 8-10-9; filed Oct

### 3, 1995, 3:00

### p.m.: 79 IR 200; errata filedDec I 

### I, 1995, 3:00 

### p.m.: 19 

### IR 674; filedJul14, 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 

## aformal letter of submittal Enclosed from the governor or his 

## designee.

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

orbody of regulations; orissued the permit, order, consent agreement ("document"); in final form.

a. 

## Date of adoption or final issuance: January 7,2009

b. 

## The effective date ofthe plan, ifdifferent April 26,2009 fiom the adoption/issuancedate.

3. 

## Evidence that the Statehasthe necessary legal authority 

## IC 13-14-8 

## under state law to adopt and implement the plan.

4. 

## A copy ofthe actual regulation or document submitted for Final rule as 

## printed 

## in IR approval and incorporationby referenceinto theplan, includingthe 

## following:

a. Indication ofthe changes made to the existing approved plan, where applicable.

b. The submittal shallbe a copy of the official State regulation or document signed, stamped, dated by the appropriate state official indicatingthat it is fblly enforceableby the State. Effectivedate shallbe stated in the document itself

5. Evidence that the Statefollowed all ofthe procedural Signature page requirements ofthe State's laws 

## and constitutionin conducting and completingthe adaption/issuanceoftheplan.



## 6. Evidence that public notice was given, includingdate 

## of proof ofpublication. 

## X Notice ofFirst PublicHearing and Publishers' Affidavits 

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



## 7. Certification that public hearings were held 

## in accordance with informationprovided 

## inpublic he;aring,notice. 

## X- Transcriptfiom First Public Hearing 

## - X- Transcript fi-om SecondPublic Hearing 

## - 

# i

+ 

## ( 8. 

## Compilation ofpublic comments and State's response.

### - 

## X- Second Notice

-



## NIA- Proposed Rule



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

## NIA