### 19 20 

### 21 William 

### ACCUKATE 22 

### ---- Larrne 23 --- -1 -1 u 

### REPORTING OF INDIANA --.-- 

### 12922 Brighton 

### Avenue

rn 

### 21, Indiana 46032 (317) 848-00884 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? It6 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'mAmy 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 obsolete1 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 IDEM1sVOC 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 -- 

### itlsthe 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 therelsno 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 refinishi nn An,:-' '

production paint shops?

14 

## "

# 11 MS. SMTTU- TI- - --Ad. 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's1 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 other1 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 donltknow 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 9 

### we get a work group together to take a look at



# 1

his and how these two marry together so we don't pass something that welvegot to come back and fix, but at the same time, I1d like to make sure welremoving 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 

### ozone1 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 also1 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 reductions. 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 would2 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 8-10-8. 

### HISTORY First Notice: December 27,2006, Indiana Register (DIN:20061227-IR-326060603FNA). Continuation ofFirst 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: 20080716- 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 1.326IAC 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 

### anyperson who 

### does the following: (1) Sells, offers for sale, or manufactures for sale refinishing coatings 

### or surface preparationproducts, in the following: Page 1 of 20Dm(#06-603) Automobile Refinishing October 1,2008 (A) Clark, Floyd, Lake, orPorter 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) ofthis 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-toexempt any facility fromtherequirements of this rule.

k4; 7 

### , filed JUZ 14,1998,5:04p.m.: 21

### IR 4518;filedApr 23, 1999,2:12p.m.:22 

### IR 2856) SECTION 2.326IAC 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) "Adhesionpromoter" 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 

### 20Dm(#06-603) Automobile Refinishing October 1,2008



### . . The term excludesprimers, primer sealers, primer surfacers,and topcoats. 

### (2) "Aerosol coatingproducts" 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/safetycoating" means a low gloss coating formulated to eliminateor reduce glare for safety purposes on interior surfaces of a vehicle, as specifiedunder the United States Department ofTransportationMotor Vehicle Safety Standards. (4) "Application station" means the part of an automobile refinishing facility where coatings are applied. (5)"Automobile refinishing" means refinishing operationsfor 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 StandardIndustrial 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 aspart of a multistage topcoat system. (7) "Basecoat/clearcoatsystem" means a topcoat system composed of a pigmented basecoat portion and a transparent clearcoat portion. The VOC content of a basecoat/clearcoat system shallbe calculated accordingto the following formula:

Where: VOC,,c,cc = VOC content as applied of thebasecoat (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 

### 20Dm(#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 

### .clctkiekthat: (A) containsno pigments or only transparent pigments; and 

### dxeh (B) is the finaltopcoat applied as apart of a multistage topcoat system. fE!j 

### (10) "Coating"means aprotective, decorative, or functional material with VOC content greater than zero 

### (0) used in automobile refinishing operations. 

### (11) "Colormatch" means the ability of a repair coating to blend in an existing coating so that color differenceis 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 

# 't . . i f-%j 

### (13) "Disposed off site" means sending outsideoftherefinishng facility, theused: (A) coatings; 

### (B) surfacepreparation products; (C)solvents; or 

### (D) wastes. ffWj 

### (14) "Elastomericmaterials"means topcoats and primers that are specifically formulated for application over flexible parts such as the

### following: (A) Fillerpanels. 

### (B) Elastomericbumpers. f%j 

### (15) "Electrostaticapplication" means the application to a substrateof charged atomized paint dropletswhich that are depositedby electrostaticattraction. 

### (16) "Equipment"means devices that are used to transfer or applycoating, surface preparation product, or solvent, such as, but not limited to, the 

### following: 

### (A) Sprayguns. 

### 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 

### 20Dm(#06-603) Automobile Refinishing October 1,2008 

## 0 (18) "Gloss flatteners" means coatings that are formulatedto 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 theuse 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 cureby cross-linking ofthe resin components. 

## 0 (22) "High-volume, 1o.w-pressure 

### (HVLP) spray" means technology used to apply coatingto a substrateby means of coating application equipment

### vkd~ that operates between one-tenth 

### (0.1) and ten (10)pounds per square inch gauge (psig) airpressure measured dynamicallyat the center of the air cap and at the airhorns of the spray system. (23) "Material safety data sheet" or "MSDS"means the chemical, physical, technical, and safetyinformation 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-rrehthat is the middle topcoat applied aspart of a three (3) stage topcoat system. (25) "Mobile equipment"means any equipment wheh 

### that maybe driven or drawn on a roadway, including, but not limited to, the following: 

### .- (A) Truck bodies. (B) Truck trailers. (C) Cargo vaults. 

### (D) Utilitybodies. 

### (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 

### 20Dm(#06-603) Automobile Refinishing October 1,2008 (iv) Tow motors. 

### and (v) Fork lifts. @-lj (26) "Motorvehicles" 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-mhthat is:

. . (A) a coatingthat 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 anybasecoat/clearcoattopcoat system or any three (3) stage topcoat system: (A) manufactured as a system; and (B) used as specifiedby the manufacturer. f3f$ (29) "Precoat" means any coating

### w-hn31that 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-tenthspercent 

### (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 appliedto a substrate prior to the application of a topcoat for the purpose ofproviding any ofthe 

### 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 

### 20Dm(#06-603) Automobile Refinishing October 1,2008 f39j 

### (33) "Primersurfacer" 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 surfaceby 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, includingpartial body collisionrepairs, for the purpose of protection orbeautification and which 

### that is subsequentto the original coating applied at an original equipment manufacturing 

### (OEM)plant coating assembly line. 

### (36) "Refinishing job" means for each motor-vehicle or piece ofmobile equipment any or all ofthe 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 isused 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 thereuse of a: (A) coating; 

### (B) surface preparation product; or 

### (C) solvent; in the refinishing facility. 

### (39) "Solvent"means a liquid containingVOCs that is used for: 

### (A) dissolvingor 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 arenecessary 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 

### 20Dm(#06-603) Automobile Refinishing i October 1,2008 

### (D) Elastomericmaterials. 

### (E) Gloss flatteners. 

### (F) Bright metal trim repair. (G) Anti-glarehafety coatings. 

### (H) Multicolor coatings.

. . . . f47j 

### (41) "Spotrepairs" 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 entirepanel need not be repaired. @8j 

### (42) "Substrate"means the surfaceonto which coatings or surface preparation products are applied. (-49) 

### (43) "Surfacepreparationproducts" 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 semitransparentmidcoat portion, and a transparent clearcoat portion. The VOC content of a three (3) stagecoating system shallbe calculated accordingto the followingformula:

- - VOC,, -t VOC,, + 2V0CCC '"~3 -stage 4 Where: VOC,- = VOC content as applied ofthe three (3) stage coating system. stage VOC,, = VOC content as applied of any givenbasecoat. 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 shallbe calculated using the same formula specified forthe 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 offilms of coating applied to a substrate for the purpose ofprotection or appearance. f52j 

### (46) "Touch-up coating" means a coating appliedby brush orhand-held, nonrefillable aerosol cans to repair minor surface damage and imperfections. f53j 

### (47) "Uniformfinish 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 duringthe refinishingof a vehicle imperceptiblyblend in with the undamaged finish ofrepaired and undamaged portions ofthe: (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, ofcoating or surfacepreparation 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 preparationproducts, sold and deliveredby the manufacturer to the user. (51) "Volatile organic compound'' or "VOC" has the meaning set forth in 326 IAC 1-2-90. (52) "Weld-throughprimer" means primers that have the characteristicsof withstandinghigh temperatures associated with welding without catching fire. (Air Pollution Control Board; 326IAC 

### 8-1 0-2;filed Oct3, 1995, 3:OOp.m.: 19

### IR 194; errata filed Dec 11, 1995, 3:OOp.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 Sec. 3. (a) 

### I, 

### 1 Each manufacturer or distributor of coatings or surface preparation products manufactured or distributed forusein

# - Indiana shall complywith the following: (1) 

# 1 The VOC content limits listed in section4fbj 4(a) of this rule. 

### (2) The compliance procedures outlined in section 6(a) ofthis rule. 

### (b) l?dmmy 

### 1, 1996,Any:person commercially providing refinishing coatings or surface preparation products for use in 

### vhid~ Indiana thatwere manufactured after 

### ?-bvmbei- 1, 

### f445January 

### 11,1999 shall comply with the following: (1) 

# 1 TheVOC content limits listed in section 4@$4(a) of this rule. (2) The compliance procedures outlined in section 6(b) ofthis rule. (c) &mmh=fh

### May 1, 1996, Any person applying any coating or surface preparation Page 

### 9 of 

### 20Dm(#06-603) AutomobileRefinishing / \ 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) ofthis 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 anyrefinishing facility 

### subject to this rule to use a refinishing coating or surface preparation product that does not complywith the VOC content limits listed in section 4fb)4(a) of this rule. . . (-a,- 17 1: (1; 

### TI- 

### (2; $$ tC1 SG~~XC-



### (AirPollution 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)

\ 

### SECTION4.326 

### 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 20Dm (#06-603) Automobile Refinishing October 1,2008 subject to thsrule shall limit emissions of VOCs from refinishing operations

### by 

## fi 

# (w using coatings or surface preparation products t+mhmt& with 

### VOC limits based on the VOC content as applied. The VOC content shallnot 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;jA A-v-L . .



# L. &.

-. Page 

### .I

### 1 of 

### 20Dm(#06-603) Automobile Refinishing October 1,2008 

### i

m(b)

### Application of all specialty coatings except anti-glarehafetycoatings shall not exceed fivepercent (5%) by volume of all coatings applied on a monthlybasis. 

### (AirPollution ControlBoard 326IAC 8-IO-4;.filed 

### Oct 3, 1995, 3:OOp.m.: I9 

### IR 197) 

### SECTION 5.326 IAC 8-10-5IS 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 arefinishing facility subject to this rule shall ensurethat spray guns are cleaned in an enclosed device that: (1) is closed during: (A) 

### spraygun equipment cleaning operations except when depositing and removing objects to be cleaned; and 

### (B) noncleaning operationswith the exception ofthe maintenance and repair ofthe cleaning device itself; and (3j (2) 

### recirculatescleaning solvent during the cleaningoperation so that the solvent is available for reuse on site or for disposal off site.

- 

### The cleaningdevice shallbe operated and maintained accordingto the manufacturer's recommendations. The owner or operator ofthe refinishing facilitysubject to this rule 

### shall have the cleaningdevicemanufacturer's recommendations availablefor inspectionupon request by the departmentor theU.S. EPA.

, 

### (b) Btrmrrfaftff

### M%+%, 

## he owner or operatorof arefinishing facility subject to this rule shall use one (I) or a combination of the followingequipment 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 achievingat least sixty-five percent (65%) 

### transfer efficiency.The owner or operatormust submit sufficient data for the departmentto be ableto determinethe accuracy ofthe transfer efficiency claims. Coatingapplication equipment shall be operated and maintained accordingto the manufacturer's 

# t Page 12 of 20Dm(#06-603) AutomobileRefinishing October 1,2008 recommendations. The owner or operator shallhave the manufacturer's recommendations available for inspectionupon requestby the department or the 

### U.S. EPA. (c) Mayw%,The owner or operatorof arefinishing facility subject to this rule shall implementhousekeeping 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 closedunlessbeing 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 shallbe free from: 

### (A) cracks; (B) holes; and (C) leaks. (4) Waste coatings and used automotive fluids shallbe stored in closed containers. (5) Equipment cleanup shallbe performed with methods that minimize the use of solvents. Reasonable efforts shall be made to reclaim the bulk ofused solvents. No cleaning shallbe performed by direct spraying of solventsinto the atmosphere. 

### (6) Effort shallbe made to schedule operations of a similarnature to significantly reduce total 

### VOC material consumption. 

### (7) Coatings or surface preparation products shallbe appliedin amanner that minimizes overspray. (d) The owner or operator of a refinishing facility subject to this rule shall complywith the trainingrequirements ofthis rule as follows: (1)

### f3mdxhx May 1, 

### 1%, Develop a written training program. The trainingprogram may include trainingprovided by the manufacturer or supplier and shall includewritten procedures and hands-on demonstration, as appropriate, on the following topics: 

### (A) Identification of appropriatecoatings or surfacepreparation products. 

### (B) Preparation ofcoatings or surface preparation products accordingto coating manufacturer, distributor, or owner or operator's recommendations. Page 13 of 

### 20Dm(#06-603) Automobile Refinishing October 1,2008 (C) Application of coatingsor 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 establishedin subsection (c). 

### (F) Proceduresto: 

### (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 appropriateto thejob 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 ofthe following: (A) Such

### Theuntrained 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 oftherefinishing operation 

### subjectto this rule shall keep records of the training program. Therecords shall consist of the following:

. (A) The date training was completed. 

### (B) A list ofpersons, by name and activity and the topics in which they have been trained. (C) A statement signedby the trainer certifying each trainee who satisfactorilyhas completed training in the topics and is proficient in the procedures specified in subdivision (1). (Air Pollution Control Board; 326UC8-10-5;$led Oct 3, 1995, 3:OOp.m.: 19IR 198; errata $led Dee 11, 1995, 3:OOp.m.: 19IR 674;JiledJul14, 1998, 5:04p.m.: 21IR 451

### 8; errata filed Dec 12, 2002, 3:35p.m. : 26

### IR 1568) SECTION 6.326

### IAC 8-10-6 

### IS AMENDED TOREAD 

### AS FOLLOWS: 

### 326 IAC 8-10-6 Compliance procedures Authority: IC 13-14-8; IC 13-17-3-4 Affected: IC 13-12 Page 14of 

### 20Dm(#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 preparationproduct information: 

### (1) Product description. (2) Date ofmanufacture, date code, or batch number. (3) Thinning instructions. (4) The VOC contentin grams per liter and poundsper gallon, as packaged or as supplied: (A) for single coat products, the VOC as applied after any thinningrecommended 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 ofthe maximum allowablepackaged 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 statementthat fa) the coating is, or is not, in compliance with the VOC limits in section4@) 

### 4(a) of this rule.



### (6) The: 

### (A) name; 

### (B) address; 

### (C) telephone number; and 

### (D) signature; ofthe person purchasing the product. 

### (b) -j; 'I, 1%Any person who is engaged in commercially providing ccmbgcoatings or surface preparation products in- 

### Indiana shall provide to the recipient and shall keep the following records of all coatingsor surface preparation products supplied. 

# -. The records shall include the following: 

### (1) 

### Theproduct description. 

### (2) The amount supplied. Page 

### 15 of 

### 20Dm(#06-603) Automobile Refinishing October 1,2008 

## C (3) The date supplied,date code, orbatch 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 thinningrecommended by the manufacturer; or 

### (B) for multistage systems in which the VOC as applied is dependent upon the VOC content of a combination ofproducts with varying VOC levels, provide: 

### one ejwf i- (i) a list of the maximum allowablepackaged VOC for the individual layers; (ii) a comprehensive chart of color combinationsand their as-appliedVOC content; or (iii) a simpleto 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) telephonenumber; and 

### (D) signature; of the person purchasing the product. (4

-Y 1>19%- I 

## ,

The owner or operator of arefinishing facility subject to this rule shall submit to the department a statement signedby aresponsible official ofthe facility certifying that the facilityhas acquired and will continuously employ eoatmgcoatings or surface preparation products meeting the VOC limits of section

## 40 4(a) ofthis rule. (Air Pollution ControlBoard; 326IAC 8-10-6;filed Oct 3, 1995, 3:OOp.m.: 19

### IR 199;filed Jul 14, 1998, 5:04p.m.:21

### IR 4519; erratafiledDec 12, 2002, 3:35 p.m.: 26IR 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 operatorsofrefinishing facilities subjectto this rule shall 

### be subject to the applicabletest method methods 

### and requirements of 326 IAC 

### 8-1-4 and 40 

### CFR 60, Appendix A*. 

### (b) Owners or operatorsmayuse dataprovided with coatiilgsor surface preparation (\ products folmulationinfonnation sucli as the: Page 16 of 

### 20Dm(#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)ofthis rule. The department and U.S. EPA may requireVOC content determinationand verification of any coating or surface preparationproduct using 40 CFR 60, Appendix A, Method 24". In the event of 

### any inconsistencybetween 40 CFR 60, Appendix A, Method 24 and formulation data, 40 CFR 60, Appendix A, Method 24 shall govern.



### (11 AA I,lV . .. 

### (21A c.L (3)

### A 

## A .. .

%=& *These documents are incorporatedby reference. Copies maybe obtained from the GovernmentPrinting Office, 732 North Capitol Street

### NW, Washington, D.C. 20401 or are available for review and copying at the Indiana Department ofEnvironmental Management, Office ofAir Quality, Indiana Government Center-North,Tenth Floor, 100North Senate Avenue, Indianapolis, Indiana 46204. 

### (Air Pollution Control Board; 326IAC 8-10-7;)led Oct 3, 1995,3:00 p.m. :

### 19IR 199; errataJiledDec 11, 1995, 3:00p.m. :

### 19IR 674; errata jiled Dec 12, 2002, 3:35p.m.: 26IR 1568;JiledAug 26,2004, 11:30a.m.: 28IR 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) ofthis rule shall keep records of the following: (1) For each batch of coatingmixed or refinishing job performed, the following (\ information: 

# k - Page 17 of 20Dm(#06-603) Automobile Refinishing October 1,2008 (A) Batch orjob identificationnumber or name. (B) Datebatch made orjob performed. (C) Coating category, consistent with the coating categories in section4fbj 4(a) of this rule. (D) Coatingmanufacturer's name and identification number. 

### (E) Either the quantityused 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'sname 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 oftheproduct. MSDS orproduct or other data sheets may be used by the U.S. EPA orthe department to verify the VOC content, as supplied, provided by the cbating manufacturer, distributor,or supplier, ofthe coatings or surface preparation products.



### t li 11 . . . . t2i

## a 11 

### . . . .

Page 

### 18 of 

### 20Dm(#06-603) Automobile Refinishing October 1,2008



### Page 19 

### of 20Dm(#06-603) Automobile Refinishing October 1,2008 fj$ (b) Owners or operators ofrefinishing facilities-subject to this rule shall maintain the followingrecords: (1) Records oftrainingprograms as required in section 5(d) ofthis rule. (2) Initial compliance statements as required in section 

### 6(c) ofthsrule. (3) Records asrequired in this section. m(c)Owners or operators ofrefinishing facilities-subject to this rule shall: 

### (1) maintain all records for a minimum ofthree (3) years; and 

### dmfl (2) make records availableto the department and the 

### U.S. EPA upon request. 

## 0 (d) Failureto 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 subjectto 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. (AirPollution Control Board; 326 IAC 8-10-9;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 9.326IAC 

### 8-10-8 IS REPEALED. 

### (\

Page 20 of 20 

# i