19 

2 0 

21 William 

ACCUKATE 

22 ---- 

Larrne 

23 

--- -1 -1 u 

REPORTING OF INDIANA --.-- 

12922 Brighton Avenue rn 21, Indiana 46032 

(317) 848-0088 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18. 

19 

20 

21 

22 

23 

1 

2 

3 

.- 

1:08 o'clock p.m. 

October 1, 2008 - - - 

CHAIRMAN MINER: The October 1st 

meeting of the Air Pollution Control Board will 

come to order. A quorum of the Board is present. 

I will introduce the members and their 

representation: Mr. Kurt Anderson, representing 

manufacturing; Mr. Tom Anderson, representing 

environmental; Mr. John Bacone, proxy for the 

Department of Natural Resources; Mr. David 

Benshoof, representing small business; Mr. Howard 

Cundiff, representing the Department of Health; 

Ms. Pamela Fisher, representing the Indiana 

Economic Development Corporation; Mr. Chris Horn, 

representing labor; Mr. Brandon Seitz, 

representing the Lieutenant Governor; Dr. Phil 

Stevens, representing the general public; and 

Mr. Jeff Quyle, representing local government. I 

am James Miner, representing medical. 

Reports today, the first report will be 

the Commissionerls report. 

Tom? 

COMM. EASTERLY: Is this working? It 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

2 

3 

4 

5 

- 

1 draft rule, into the record of the hearing. 

Scott, thank you. 

IS there someone from the Department who 

would like to make a comment on the rule? 

MR. DELONEY: Amy Smith. 

CHAIRMAN MINER: Amy? 

MS. SMITH: Thank you. I'm Amy 

Smith, and I'm a rule writer in IDEM'S Office of 

Air Quality, Rule Development Section. 

In this rulemaking, IDEM proposes to amend 

326 IAC 8-10 to extend applicability of the 

existing automobile refinishing rules statewide 

and repeal 326 IAC 8-10-8 to remove an obsolete 

control option from the rule. 

This rulemaking is a part of a larger 

group of VOC control rules that Indiana has 

agreed to complete based on a recommendation from 

LADCO to its member states. LADCO has evaluated 

potential reductions with various regulatory 

options that could be adopted on a multistate 

basis in the region to address regional ozone and 

fine particulate nonattainment. 

Indiana's existing automobile refinishing 
-- 

rule was promulgated in 1995 to meet the 1990 

Clean Air Act's 15 percent plan requirements. 

The existing rule applies to automobile 

refinishing operations in Clark, Floyd, Lake and 

Porter Counties. 

At the time of the original rulemaking, 

these counties were one-hour ozone nonattainment 

areas, and the rule was intended to assist in 

bringing these counties into attainment. In the 

existing rule, Vanderburgh County is also subject 

to selected work practice standards and record 

keeping and reporting requirements. 

The federal automobile refinishing rule, 

at 40 CFR 59 Subpart B, became effective on 

September llth, 1998. The federal rule applies 

to manufacturers and importers of automobile 

refinishing coatings that sell or distribute 

their products in the United States. The federal 

rule provides VOC content limits for automobile 

refinishing coatings, container labeling 

requirements, methods of determining compliance 

with emission limits, and reporting requirements 

for manufacturers and importers. 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

rAutomobile refinishing operations in 

Indiana must comply with the federal rule. 

Expanding Indiana's current automobile 

refinishing rules statewide will require work 

practice standards and record keeping and 

reporting requirements for operations across the 

state. 

An informal survey of automobile 

refinishing operations in Central Indiana 

conducted by IDEM in 2005 shows that compliant 

equipment and work practice standards are already 

being used by many automobile refinishing 

IDEM is also proposing to remove obsolete 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

55 

of a refinishing facility that have the option of 

limiting emissions and VOC1s from refinishing 

operations by one of the following means: By 

using coatings or surface preparation products 

that meet the VOC content limits in 

326 IAC 8-10-4; by employing a control system; or 

by using a combination of coatings and control 

system measures. 

The existing rule was promulgated in 1995, 

approximately three years before the federal 

automobile refinishing rule became effective. 

The federal rule requires all coatings or surface 

preparation products nationwide to meet VOC 

content limits that are identical to IDEM1s VOC 

content limits in 326 IAC 8-10-4. 

Since all coatings or surface preparation 

products must comply with the federal rule, 

current rule language providing an option of a 

control system to limit VOC emissions from 

coatings or surface preparation products is now 

obsolete. 

The Department requests that the Board 

adopt the amendments to 326 IAC 8-10. 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

2 0 

21 

22 

23 

56 

Any questions? 

CHAIRMAN MINER: Any questions for 

Amy? 

MR. K. ANDERSON: Amy, I have a 

couple. I guess one, I might be missing it, but 

I couldn't find it. Could you give a definition 

of aerosol coating products? There is nowhere in 

the rule that identifies them as being subject or 

exempt, so I have to assume you're saying they're 

subject to this, or did I miss it? Because I 

know in the national rule and every rule I've 

even seen, they've been exempt. 

COMM. EASTERLY: It's in the 

definitions. I've seen it in there. 

MR. K. ANDERSON: What did you say? 

COMM. EASTERLY: It's in the 

definitions . 

, MR. K. ANDERSON: I know it's in the 

definitions . 

COMM. EASTERLY: Question -- itls the 

second question on -- 

MR. K. ANDERSON: I'm trying to 

figure out -- it's in the definitions why? Where 

- -- - -A ILLY spare time, so -- 

MR. K. ANDERSON: You also have a 

category identified as production paint, but 

therels no definition of what that is, and I 

guess what I'm trying to figure out is: Anybody 

doing production painting, and this is under 

automotive ref inishi nn An,:-' ' 

production paint shops? 

14 " 11 MS. SMTTU- --Ad. TI- I 111 sorry; where - is that 
definition of specialty coating, and we include 

multicolor coatings, and then you look at the 

definition of topcoat in 8-10-4, where we're then 

breaking down the limits, the subcategories of 

topcoat being single and two stage, three and 

four stage, the multicolor topcoat would be a 

category within topcoats, and specialty as 

defined, including multicolor coatings, would 

make -- includes all of the specialty coatings as 

the limit of 840, because it says multicolor 

coating -- 

MR. K. ANDERSON: Yeah. 

MR. MURRAY: -- as one of the 

specialty coatings. 

MR. K. ANDERSON: So, are you telling 

me that you think there's a difference between 

multi colored coatings and multicolored topcoat? 

MR. MURRAY: Yes, I believe there'd 

be a subcategory of specialty that would be 

multicolor coatings that may not be a topcoat. 

MR. K. ANDERSON: Okay. 

MR. MURRAY: I'm not sure what they 

would be off the top of my head, but I think it's 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

guess, regulating quality training, things that 

improve quality versus things that address 

environmental concerns. 

This rule has an awful lot of quality 

training requirements in it. Those, to me, 

become nothing more than a regulatory compliance 

issue. I don't think they serve the rule or 

serve the intent of environmental protection. 

So, I guess I'd really like you to take a 

look at what you're asking for there. If it 

doesn't serve in improving the environment, I 

don't think we should be regulating how people 

paint in their paint shops and tell them, "This 

is the conditions you have to be to get a good 

paint job." That's not our place. 

And I think they can do their own paint 

job if they want to stay in business, so we 

should look at those that serve the environment. 

On all of those work practices, more and more of 

this is coming through, and I'd like to see us 

continue that. 

That's all I have. 

CHAIRMAN MINER: Okay. Any other 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

-. 

This is an important part of our job is to try to 

make that work. 

I guess, based on if I could get 

assurances that they're going to address some of 

what I feel are shortcomings in here -- and, you 

know, this is -- I'm surprised there's not other 

coating people here. I sat in a meeting less 

than three weeks ago about the new federal CTG 

for refinishing, and there was hundreds of 

people. 

So, why -- and I never even heard about 

this until it showed up in my Board packet. I 

mean this caught me totally off guard, and 

especially when the federal CTG rule's supposed 

to be coming out next month; right? I mean they 

closed hearing in September. It was under a 

court deadline to get done. 

I'm trying to wonder why we're going ahead 

with this until we see what that comes out with, 

and hopefully we're going to be consistent with 

that, but on the other side, I don't want us to 

stall not getting this done. I want to see this 

in the rules as soon as we can get it so we can 
take advantage of it. I just want to make sure 

that we have a rule that is not conflicting with 

3 the federal rule or the federal guidelines. 

4 And I don't -- I donlt know if any of you 

participated in that CTG rule for plastic and 

metal coatings, refinishing, but there was an 

awful lot of good testimony that went into that. 

8 

I 

And I guess my -- what I propose is either 1 9 we get a work group together to take a look at 

his and how these two marry together so we don't 

pass something that welve got to come back and 

fix, but at the same time, I1d like to make sure 

welre moving ahead in a speedy process. 

CHAIRMAN MINER: Okay. 

15 Any further comments or questions from the 

17 MR. BENSHOOF: I guess the question 

: Whatls the drive behind -- if we didn't 

19 

20 

21 

22 

23 

- 

preliminarily adopt this today, what will that 

do? 

COMM. EASTERLY: Delays the emission 

reductions statewide, to the extent that there 

are some. We're trying to get to a 75 ozone 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

level statewide. This is one of many that you'll 

be seeing over time, and I was looking -- this 

started back in '06, so actually I guess Kurt's 

frustration is partially that our system is so 

slow. 

CHAIRMAN MINER: You know. I think 

that there's also the opportunity -- if this is a 

preliminarily adoption, there's the opportunity 

for revisions to occur that will address some of 

the definitions and kind of the little pitfalls 

and the clarifications that Kurt's bringing to 

bear, and hopefully if he can have access to this 

MR. DELONEY: Yeah, there are -- 
66 

rule as well as the consumer commercial products, 

where EPA is looking at implementing rules at the 

federal level, we've been looking for achieving 

statewide VOC reductions, and we aren't getting 

clear-cut indication as to what time -- the 

timing, when those rules will be in place to 

achieve the reductions, so we have decided to 

proceed based on what we expect to be consistent 

with the federal requirements. 

MR. MURRAY: And I would emphasize 

that as well. We've been waiting for a year that 

EPA has been saying -- a full year -- that the 

architectural industrial maintenance coating rule 

is going to be issued, and it hasn't. 

So, we were doing exactly what Kurt had 

recommended, waiting, so that our state rule 

would be consistent with it, but after a year, 

we're done waiting, so we're moving forward with 

that, knowing that we may have to revise it again 

in the future if and when the federal AIM Rule is 

ever made effective. 

CHAIRMAN MINER: Okay. 

MR. DELONEY,: I think that it's also 
1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

worth making one further clarification, and that 

is, is that really this particular rulemaking, 

the genesis of it derived from two of our 

regional air quality advisory groups, where they 

had recommended extending applicable rules in 

Clark, Floyd, Lake and Porter Counties statewide 

due to the fact of the cost-effective emission 

reduct ions. 

So, this is more or less extending 

existing rules to other counties in -- wLth 

regard to the training and work practice 

applications. We can work to address that issue, 

CHAIRMAN MINER: Okay. 

MR. K. ANDERSON: There's just one 

COMM. EASTERLY: Well, sort of, yeah. 

MR. K. ANDERSON: -- the counties 
MR. DELONEY: Right. 

MR. K. ANDERSON: That's -- 

COMM. EASTERLY: But there are 

MR. K. ANDERSON: I understand, yes. 

COMM. EASTERLY: Yes, so we need to 

MR. K. ANDERSON: Right. 

COMM. EASTERLY: And to the extent 

CHAIRMAN MINER: I think there's 

Any other comments or -- 

MR. K. ANDERSON: Well, one I would 
2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

1 

- 

ask is that CTG plan that's being proposed for 

the plastic and metal business machine and one 

other category of adhesives, that those at least 

be considered in what that proposed rule was. Do 

you see where we're at? I guess you -- I would 

even suggest you talk to Bruce Moore, who's the B 

on that group, and find out what they're -- 

because they're supposed to give a final -- after 

comments here. My understanding the final is the 

13th of October. So -- 

COMM. EASTERLY: We can certainly do 

that. 

CHAIRMAN MINER: Thank you. 

MR. K. ANDERSON: Thank you. 

CHAIRMAN MINER: If there are no 

further comments, I would entertain a motion for 

preliminary adoption of 326 IAC 8-10 and the 

repeal of 326 IAC 8-10-8. 

MR. QUYLE: So moved, Mr. Chairman. 

CHAIRMAN MINER: I have a motion from 

Mr. Quyle. 

MR. T. ANDERSON: Second. 

CHAIRMAN MINER: A second from 



EXHIBIT 1 

c 

Dm (#06-603) pi Automobile Refinishing 

October 1,2008 

TITLE 326 AIR POLLUTION CONTROL BOARD 

DRAFT RULE 

LSA Document #06-603 

DIGEST 

Amends 326 IAC 8-1 0 concerning automobile refinishing operations in Indiana. Repeals 326 

IAC 8-1 0-8. 

HISTORY 

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

Continuation of First Notice: June 27, 2007, Indiana Register (DW:20070627-IR326060603FCA). 

second ~otice: July 16,2008, Indiana Register (DIN: 20080716-IR326060603SNA) 

Notice of First Hearing: July 16,2008, Indiana Register (DIN: 2008071 6- 

IR326060603PHA). 

Date of First Hearing: October 1,2008. 

i 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 

DRAFT RULE 

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

326 IAC 8-10-1 Applicability 

Authority: IC 13-14-8; IC 13-17-3-4; IC 13-17-3-11 

Affected: IC 13-15; IC 13-17 

Set. 1. (a) AKsntmmvf This rule appfg applies to any person who does the following: 

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

refinishing coatings or surface preparation products, in the following: 

Page 1 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

(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 2f38) 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: 

(1) 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 qpfy-to exempt any 

facility from the requirements of this rule. 

k4; 7 , filed JUZ 

14,1998, 5:04p.m.: 21 IR 4518;filed Apr 23, 1999,2:12p.m.: 22 IR 2856) 

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

326 IAC 8-10-2. Definitions 

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

Affected: IC 13-12 

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

(1) "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 

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

Page 2 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

. . 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-glare/safety 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; 

@) production paint shops; 

(C) new car dealer repair and paint shops; 

(D) fleet operation repair and paint shops; and 

(E) any other facility wlmh that coats vehicles under the Standard Industrial 

Classification (SIC) code 7532 (top, body, and upholstery repair shops and paint 

shops). 

-The term includes dealer repair of vehicles damaged in transit. 

(6) "Basecoat" means a pigmented topcoat vbkh 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: VOC,,c,cc = VOC content as applied of the basecoat (bc) and clearcoat (cc) systems. 

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

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

Page 3 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1, 2008 i 

fH3) (8) "Catalyst" means a substance whose presence enhances the reaction between 

chemical compounds. 

(9) "Clearcoat" means a topcoat .clctkiek that: 

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

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

fE!j (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: 

(A) Coatings; 

(B) Surface preparation products. 

(C) Solvents. er 

(D) Waste. 

(17 '

. . i 

f-%j (13) "Disposed off site" means sending outside of the refinishng facility, the used: 

(A) coatings; 

(B) surface preparation products; 

(C) solvents; or 

(D) wastes. 

ffWj (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%j (15) "Electrostatic application" means the application to a substrate of charged 

atomized paint droplets which that are deposited by electrostatic attraction. 

(16) "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. an& 

(B) Brushes. m 

(C) Nonrefillable aerosol cans. 

(17) "Exempt compounds" means a nonphotochemically reactive hydrocarbon as 

\- defined in 326 LAC 1 -2-48. 

Page 4 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

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

match original equipment manufacturer's (OEM) specifications. 

(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. 

f2f) (20) "Ground support" means vehicles used in support of aircraft activities at 

airports. 

(21) "Hardener" means an additive designed to promote a faster cure of coatings 

.PtrkKk that cure by cross-linking of the resin components. 

0 (22) "High-volume, 1o.w-pressure (HVLP) spray" means technology used to apply 

coating to a substrate by means of coating application equipment vkd~ 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. 

(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. 

f29j (24) "Midcoat" means a semitransparent topcoat wl-rreh that is the middle topcoat 

applied as part of a three (3) stage topcoat system. 

(25) "Mobile equipment" means any equipment wheh 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. and 

(iii) Concrete mixers. 

(G) Farming equipment, such as the following: 

(i) Tractors. 

(ii) Plows. ad 

(iii) Pesticide sprayers. 

(H) Miscellaneous equipment, such as the following: 

(i) Street cleaners; 

(ii) Golf carts. 

(iii) Ground support vehicles. 

Page 5 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

(iv) Tow motors. and 

(v) Fork lifts. 

@-lj (26) "Motor vehicles" means the following: 

(A) Automobiles. 

(B) Buses. 

(C) Trucks. 

(D) Vans. 

(E) Motor homes. 

(F) Recreational vehicles. 

(G) Motorcycles. 

f35!j (27) "Multicolor coating" means a topcoat d-mh that is: . . (A) a coating that exhibits more than one (1) color when applied; 

(B) packaged in a single container; and 

(C) applied in a single coat. 

f33j (28) "Multistage topcoat system" means any basecoat/clearcoat topcoat system or 

any three (3) stage topcoat system: 

(A) manufactured as a system; and 

(B) used as specified by the manufacturer. 

f3f$ (29) "Precoat" means any coating w-hn31 that is applied to bare metal primarily to 

deactivate the metal surface to provide corrosion resistance against a subsequent waterbased primer. 

f3@ (30) "Pretreatment wash primer" means the first coat applied to bare metal if solventbased 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. 

(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. er 

(C) Color uniformity. 

f33j (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. 

Page 6 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

f39j (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. 

@@ (34) "Reducer" means the solvent added to dilute a coating, usually for the purpose 

of lowering the viscosity of a coating. 

@3f) (35) "Refinishing" means any coating of motor vehicles, motor vehicle parts, -rm$ 

motor vehicle components, or mobile equipment, including partial body collision repairs, 

for the purpose of protection or beautification and which that is subsequent to the 

original coating applied at an original equipment manufacturing (OEM) plant coating 

assembly line. 

(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. 

(C) Primer surfacer application. 

(D) Primer sealer application. 

(E) Topcoat application. 

(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. 

f+tj (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 dating; 

(B) adjusting the viscosity of a coating; or 

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

(45j (40) "Specialty coatings" means coatings whkh 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. 

t . Page '7 of 20 
Dm (#06-603) 

Automobile Refinishing i 

October 1,2008 

(D) Elastomeric materials. 

(E) Gloss flatteners. 

(F) Bright metal trim repair. 

(G) Anti-glarehafety coatings. 

(H) Multicolor coatings. . . . . 

f47j (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. 

@8j (42) "Substrate" means the surface onto which coatings or surface preparation 

products are applied. 

(-49) (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. I 

(33j (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: 

- - VOC,, -t VOC,, + 2V0CCC 

'"~3 -stage 4 

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

stage 

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

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

VOC,, = VOC cohtent 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). 

@lj (45) "Topcoat" means the final film or series of films of coating applied to a 

substrate for the purpose of protection or appearance. 

f52j (46) "Touch-up coating" means a coating applied by brush or hand-held, 

nonrefillable aerosol cans to repair minor surface damage and imperfections. 

f53j (47) "Uniform finish blenders" means coatings that are utilized to ensure that the 

I 

Page 8 of 20 (. 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

coatings applied during the refinishing of a vehicle imperceptibly blend in with the 

undamaged finish of repaired and undamaged portions of the: 

(A) motor vehicle; ~ 

(B) motor vehicle parts; 

(C) motor vehicle components; or 

(D) mobile equipment. 

(48) "VOC content" of coating or surface preparation products means the weight of 

VOC, less water, and less exempt smhmrt compounds, per unit volume, of coating or 

surface preparation product. 

f%j (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. 

0 (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. 

(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 8-1 0-2;filed Oct 3, 1995, 3:OOp.m.: 19 IR 194; errata 

filed Dec 11, 1995, 3:OOp.m.: 19 IR 674) 

SECTION 3.326 IAC 8-1 0-3 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 

Sec. 3. (a) I, 1 Each manufacturer or distributor of coatings - or surface preparation products manufactured or distributed for use inIndiana shall comply with the following: 

(1) 1 The 

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

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

(b) l?dmmy 1, 1996, Any: person commercially providing refinishing 

coatings or surface preparation products for use in vhid~ 

Indiana that were manufactured after ?-bvmbei- 1, f445 January 11,1999 shall comply with 

the following: 

(1) 1 The VOC content limits listed in 

section 4@$4(a) of this rule. 

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

(c) &mmh=fh May 1, 1996, Any person applying any coating or surface preparation 

Page 9 of 20 
Dm (#06-603) 

Automobile Refinishing / \ 

October 1,2008 

product in Indiana shall comply with the following: 

(1) The provisions of section 4faj 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. 

t3lirmk 

(6) (5) The record keeping and reporting provisions in section 9 of this rule. 

(d) -ay I, 1936, 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 4fb) 4(a) of this rule. . . 

(-a,- 17 1: 

(1; TI- 

(2; $$ 

tC1 SG~~XC- 

(Air Pollution Control Board; 326LAC 8-10-3;Jiled Oct 3, 1995, 3:OOp.m.: 19 IR 197;Jiled Apr 

23, 1999, 2:12p.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 

t. Sec. 4. (a) €kmkh&m 1, 13!%, The owner or operator of a refinishing facility 

Page 10 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

subject to ths rule shall limit emissions of VOCs from refinishing 

operations (w by fi 

using coatings or surface preparation products t+mhmt& with VOC limits based 

on the VOC content as applied. The VOC content shall not exceed the following 

limits: 

tui CC . . 

Coating Category VOC Limit 

grams Ibs 

liter gallon 

Pretreatment wash 780 6.5 

primer 

Precoat 660 5.5 

Primerlprimer surfacer 576 4.8 

Primer sealer 552 4.6 

Topcoat 

i Single and two stage 600 5.0 

i 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 lbs 

liter gallon 

Plastic 780 6.5 

Other 168 1.4 

t;j A A-v-L 

. . 

L. 

&. -. 

Page .I 1 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 i 

m(b) Application of all specialty coatings except anti-glarehafety coatings shall not 

exceed five percent (5%) by volume of all coatings applied on a monthly basis. (Air Pollution 

Control Board 326 IAC 8-IO-4;.filed Oct 3, 1995, 3:OOp.m.: I9 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 13-12 

Sec. 5. (a) ?day 1, 1596, 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 

(3j (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) Btrmrrfaftff M%+%, he owner or operator of a refinishing facility subject to 

this rule shall use one (I) 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 

t Page 12 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

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) Mayw%,The owner or operator of a refinishing facility subject to 

this rule shall implement housekeeping practices, which include the following: 

(1) All: 

(A) paper; 

(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. 

(2) Except when actively 

or directly applying, store in closed containers, all fresh or used refinishing rnaierials 

including, but not limited to, the following: 

(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 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) f3mdxhx May 1, 1 %, 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. 

Page 13 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

(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 (1) or more of the activities listed in subdivision (1). Such 

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 (1 80) days, notwithstanding the requirement of 

subdivision (2), provided each of the following: 

(A) Such 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; 326UC 8-10-5;$led Oct 3, 1995, 3:OOp.m.: 19 IR 198; errata 

$led Dee 11, 1995, 3:OOp.m.: 19 IR 674;Jiled Jul14, 1998, 5:04 p.m.: 21 IR 451 8; errata filed 

Dec 12, 2002, 3:35p.m. : 26 IR 1568) 

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

326 IAC 8-10-6 Compliance procedures 

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

Affected: IC 13-12 

Page 14 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

Sec. 6. (a) -i- 1, 1 *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 -yd, Lsubject to this rule shall, for each coating or surface preparation product supplied, keep records 

of and provide 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: one 

(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 asapplied VOC content of their multistage system. 

(5) A statement that 

fa) the coating is, or is not, in compliance with the VOC limits in section 4@) 

4(a) of this rule. 

(6) The: 

(A) name; 

(B) address; 

(C) telephone number; and 

(D) signature; 

of the person purchasing the product. 

(b) -j; 'I, 1 %Any person who is engaged in commercially providing 

ccmbg 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: 

(1 ) The product description. 

(2) The amount supplied. 

Page 15 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 C 

(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 

(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: one 

ej wf i- 

(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 asapplied VOC content of their multistage system. 

(5) The: 

(A) name; 

(B) address; 

(C) telephone number; and 

(D) signature; 

of the person purchasing the product. 

(4 -Y 1>19%- 

I , 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 and will continuously employ eoatmg coatings or surface 

preparation products meeting the VOC limits of section 40 4(a) of this rule. 

(Air Pollution Control Board; 326 IAC 8-10-6;filed Oct 3, 1995, 3:OOp.m.: 19 IR 199;filed Jul 

14, 1998, 5:04p.m.: 21 IR 4519; erratafiled Dec 12, 2002, 3:35 p.m.: 26 IR 1568) 

SECTION 7.326 IAC 8-1 0-7 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-10-7 Test procedures 

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

Affected: IC 13-12 

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

to the applicable test method methods and requirements of 326 IAC 8- 1-4 and 40 CFR 60, 

Appendix A*. 

(b) Owners or operators may use data provided with coatiilgs or surface preparation 

(\ products folmulation infonnation sucli as the: 

Page 16 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

(1) container label; the 

(2) product data sheet; and the 

(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. 

(11 AA I,lV . .. 

(21 A c.L 

(3) A A .. . 

%=& 

*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 Indiana Department of Environmental Management, 

Office of Air Quality, Indiana Government Center-North, Tenth Floor, 100 North Senate 

Avenue, Indianapolis, Indiana 46204. (Air Pollution Control Board; 326 IAC 8-1 0- 7;)led Oct 3, 

1995,3:00 p.m. : 19 IR 199; errata Jiled Dec 11, 1995, 3:00 p.m. : 19 IR 674; errata jiled Dec 12, 

2002, 3:35 p.m.: 26 IR 1568;Jiled Aug 26,2004, 11:30 a.m.: 28 IR 58) 

SECTION 8.326 IAC 8-10-9 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-10-9 Record keeping and reporting 

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

Affected: IC 13-12 

Sec. 9. (a) Owners or operators of refinishing facilities subject to the provisions of section 

4+bj 4(a) of this rule shall keep records of the following: 

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

(\ information: 

k - Page 17 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

(A) Batch or job identification number or name. 

(B) Date batch made or job performed. 

(C) Coating category, consistent with the coating categories in section 4fbj 4(a) of 

this rule. 

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

(E) Either the quantity used in malung 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. ad 

(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) . . Documents such as MSDS, or product or other 

data]s 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 cbating manufacturer, distributor, or supplier, of the 

coatings or surface preparation products. 

t li 11 . . . . 

t2i a 11 

. . . . 

Page 18 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

Page 19 of 20 
Dm (#06-603) 

Automobile Refinishing 

October 1,2008 

fj$ (b) Owners or operators of refinishing facilities-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 ths rule. 

(3) Records as required in this section. 

m(c) Owners or operators of refinishing facilities-subject to this rule shall: 

(1) maintain all records for a minimum of three (3) years; and dmfl 

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

0 (d) Failure to maintain records required by subsections (a) -and (b) shall 

constitute a violation of this nile 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: 

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

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

(3) Corrective actions taken. 

(Air Pollution Control Board; 326 IAC 8-1 0-9;Jiled Oct 3, 1995, 3:00 p. rn. : 19 1R 200; errata 

filed Dec 11, 1995, 3:00 p.m.: 19 IR 674; filed Jul14,1998, 5.04p.m.: 21 IR 4520) 

SECTION 9.326 IAC 8-1 0-8 IS REPEALED. 

(\ 

Page 20 of 20 i