lndiana Register 

TITLE 326 AIR POLLUTION CONTROL BOARD 

I SECOND NOTICE OF COMMENT PERIOD 

l' LSA Document #06-603 

( 

t DEVELOPMENT OF AMENDMENTS TO RULES CONCERNING VOLATILE ORGANIC COMPOUNDS FOR 

AUTOMOBILE REFINISHING OPERATIONS IN INDIANA 

PURPOSE OF NOTICE 

The lndiana Department of Environmental Management (IDEM) has developed draft rule language for 

amendments to 326 IAC 8-)0 concerning automobile refinishing operations in Indiana. By this notice, IDEM is 

soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listed and 

any other provisions of Title 326 that may be affected by this rulemaking. 

HISTORY 

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

Continuation of First Notice of Comment Period: June 27, 2007, lndiana Register (DIN: 

20070627-IR-326060603FCA). 

CITATIONS AFFECTED: 326 IAC 8-10. 

AUTHORITY: IC 13-14-8; IC 13-1 7-3-4; IC 13-1 7-3-1 1; IC 13-1 7-3-12. 

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING 

Basic Purpose and Background 

Under the Clean Air Act, the United States Environmental Protection Agency (U.S. EPA) is responsible for: 

(I) establishing ambient air quality standards to protect the public health and welfare; (2) determining which areas 

of the country have air quality that does not meet those standards; and (3) overseeing states' efforts to develop 

and implement plans to improve air quality in those areas. The Clean Air Act establishes basic requirements and 

( procedures for the clean air planning process, but U.S. EPA issues more specific guidance to help states, 

citizens, businesses, and local governments comply with the Clean Air Act's requirements. U.S. EPA also 

promulgates rules to meet the Clean Air Act requirements. 

i In the April 30, 2004, Federal Register (69 FR 23858), the U.S. EPA designated 23 lndiana counties as 

nonattainment for the &hour ozone standard. Since that time, all monitoring locations in lndiana have met the 

8-hr ozone standard and 21 of those counties have been redesignated to attainment. IDEM continues to work with 

U.S. EPA to have Lake County and Porter County redesignated to attainment. Additionally, since the Cincinnati, 

Ohio, metropolitan area has not yet attained the 8-hour standard, IDEM has prepared a State Implementation 

Plan (SIP) revision for Lawrenceburg Township in Dearborn County, which addresses its contribution to 

Cincinnati's ozone nonattainment. 

While all monitored portions of lndiana have attained the current El-hour ozone standard, it is prudent for 

lndiana to consider implementing additional cost-effective measures to reduce emissions that contribute to the 

formation of ozone. The reasons for considering additional reductions include: the narrow margin between 

Indiana's current air quality and the new lower 8-hr ozone standard of 0.075 parts per million (ppm) that the U.S. 

EPA issued on March 12,2008, and the concerns expressed by other states that emissions from lndiana are 

contributing to their inability to attain the standard (the Clean Air Act provides a legal mechanism for those states 

to require lndiana to reduce Indiana's potential contribution to nonattainment in other states). 

Because volatile organic compounds (VOCs) contribute to the formation of ozone, it is important to control 

VOCs in order to comply with the &hour ozone standard. In an effort to assist states in the Midwest Regional 

Planning Organization (MRPO), the Lake Michigan Air Directors Consortium (LADCO) has been working with 

states to identify and recommend regional controls that would help states achieve attainment for the 8-hour ozone 

standard. The MRPO includes Illinois, Indiana, Michigan, Ohio, and Wisconsin. 

lndiana has been working with the other MRPO states on a suite of measures provided by LADCO to be 

considered by each of these states to reduce our mutual contribution to ozone formation in the upper Midwest and 

eastern United States. These measures include regulation of volatile organic compounds (VOCs) from: 

automotive refinishing (the subject of this notice); architectural and industrial maintenance coatings; consumer 

and commercial products; organic solvent degreasers; and stage I vapor recovery from gasoline dispensing 

facilities. In general, these proposed regulations would expand regulations that already exist in parts of lndiana 

and other states to cover all similar emissions from each of the participating states. The potential benefits of this 

. coordinated action include improved lndiana and regional air quality that may prevent future nonattainment 

designations, an improved margin of safety between current lndiana air quality and the current standard, and the 

(. reduced likelihood of the need to impose more costly emission reduction measures in the future. ' Date: May 28.2009 3:20:5OPM EDT DIN: 2008071 6-IR-326060603SNA Page 1 
lndiana Register 

Automobile refinishing includes the application of coatings subsequent to original equipment manufacture. 

Vehicles included in this category are passenger cars, trucks, vans, motorcycles, and other mobile equipment 

capable of being driven or drawn on the highway. The steps involved in automobile refinishing include surface 

preparation, surface painting, and equipment cleaning. Emissions occur at all of these stages due to evaporation 

of the solvents in the primers, paints and other coatings, and in the cleaning solutions. The automobile refinishing 

rule at 326 IAC 8-10 affects automobile refinishing operations performed in the following types of shops: auto 

body and repair shops; new car dealer repair and paint shops; fleet operator repair and paint shops; and any 

other facility that coats vehicles under Standard Industrial Classification (SIC) Code 7532, as well as 

manufacturers and distributors of automobile refinishing coatings. Besides VOC content limits, 326 IAC 8-10 also 

includes work practice standards and training requirements. 

Indiana's existing,automobile refinishing rule at 326 IAC 8-10 was promulgated in 1995 to meet the 1990 

Clean Air Act "1 5% plan" requirements by November 15, 1996. The rule was based on Option 1 in the April 1994 

automobile refinishing Alternative Control Technology (ACT) document issued by the U.S. EPA. Indiana's current 

automobile refinishing rule applies to four counties: Clark, Floyd, Lake, and Porter. These counties had been 

I-hour ozone nonattainment areas and the rule was promulgated to assist bringing these counties into attainment. 

The federal automobile refinishing rule, 40 CFR 59, Subpart B-National Volatile Organic Compound Emission 

Standards for Automobile Refinish Coatings, became effective on September 11, 1998 (63 FR 48806). Under the 

federal rule, automobile refinishing coatings and coating components sold or distributed in the United States after 

January 11, 1999, are subject to the federal requirements. The federal rule provides VOC content limits for 

automobile refinish coatings, container labeling requirements, methods to determine compliance with emission 

limits, and reporting requirements for the manufacturers and importers of automobile refinish coatings or coating 

components. 

Automobile refinishing operations across lndiana must already comply with the federal rule. For operations 

not currently covered by the state rule, extending the existing state rule to the entire state would require work 

practice standards for operations not currently covered by the state rule. LADCO estimates that extending the 

existing lndiana automobile refinishing rule to the entire state will reduce VOCs by approximately 25% from 2002 

actual emissions or 2,528 tons per year. A review of data specific to lndiana indicates a reduction of 

approximately 9% beyond the reductions from the federal rule is more realistic. However, an informal survey of 

automobile refinishing operations in Central lndiana conducted by IDEM in 2005 showed that the high-volume 

low-pressure (HVLP) equipment is already in use by most operations because of the increased efficiency, safety, 

( and overall cost savings of using the newer technology. The operations contacted have also already implemented 

I improved work practices. 

In order to remove obsolete language IDEM is also proposing to repeal 326 IAC 8-1 0-8 and any additional 

language in 326 IAC 8-10 regarding control system operation, maintenance, and monitoring. IDEM's rule 326 IAC 

8-10 was promulgated in 1995, approximately three years before the federal automobile refinishing rule became 

effective. Owners or operators of a refinishing facility subject to 326 IAC 8-10 have the option of limiting emissions 

of VOCs from refinishing operations by one of the following means: (1) by using coatings or surface preparation 

products that meet the VOC content limits in 326 IAC 8-1 0-4; (2) by employing a control system; or (3) by using a 

combination of coatings and control system measures. When the federal automobile refinishing rule became 

effective on September 11, 1998, all coatings or surface preparation products nationwide were required to meet 

VOC content limits that were identical to IDEM's 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. 

In combination with similar efforts in the other MRPO states, extending the automobile refinishing rules to all 

lndiana counties will contribute to a regional control of VOC that will assist many counties to reach and maintain 

attainment for the 8-hour ozone standard. Upon completion, this rule will be submitted to U.S. EPA for approval 

into the SIP and, along with other regional and state measures, will guide air pollution control efforts in Indiana. 

IC 13-14-9-4 Identification of Restrictions and Requirements Not Imposed under Federal Law 

The following element of the draft rule imposes either a restriction or a requirement on persons to whom the 

draft ~le applies that is "not imposed under federal law" (NIFL element or elements). 

The following information is provided with each NlFL element: 

(1) The environmental circumstance or hazard dictating the imposition of the NlFL element in order to protect 

human health and the environment in lndiana and examples in which federal law is inadequate to provide this 

protection for Indiana. 

(2) The estimated fiscal impact and expected benefits of the NlFL element, based on the extent to which the 

NlFL element exceeds the requirements of federal law. 

(3) The availability for public inspection of all materials relied on by IDEM in the development of the NIFL 

L element including, if applicable: health criteria, analytical methods, treatment technology, economic impact 

data, environmental assessment data, analyses of methods to effectively implement the proposed rule, and 

other background data. i NlFL Element A: Requiring work practice standards in parts of the state not already covered by the rule. The 

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lndiana Register 

applicability provisions in 326 IAC 8-1 0-1 will require all automobile refinishing operations in lndiana to comply 

with the entire rule, including the work practice standards in 326 IAC 8-10-5, the compliance procedures in 326 

IAC 8-10-6, the test procedures in 326 IAC 8-10-7, and the record keeping and reporting requirements of 326 IAC 

8-1 0-9. -- - 

(1) The application of certain VOC control measures to all counties in lndiana will provide a general benefit to 

nonattainment areas. This rule is part of a larger group of VOC control rules that have been agreed to by the 

LADCO states to address regional ozone and particulate matter nonattainment. 

(2) The fiscal impact of compliance with the work practice standards is expected to be minimal because most 

affected operations already follow the standards for increased efficiency, safety, and cost savings. 

(3) LADCO evaluated potential reductions from various regulatory options that could be adopted on a 

multistate basis in the region. LADCO calculates that extending the current automobile refinishing rules 

statewide will reduce VOC emissions in the five state MRPO region from 25,319 tons per year to 19,126 tons 

per year. The estimated control cost for these measures is $1,354 per ton. The information used for the 

evaluation is presented in a white paper on Auto Refinishing at: 

http:llwww.ladco.org/RegionaI~Air~Quality.html 

Potential Fiscal Impact 

Though the OTC estimated a cost of $1,354 per ton of VOC reduced based on the use of HVLP spray guns 

and a gun cleaning system, Indiana's rule would not require this equipment, but would allow its use as an 

alternative to meeting the specific VOC limits. In addition, the VOC limits in Indiana's existing rule are comparable 

to the existing federal rule, 40 CFR 59, that all lndiana automobile refinishers and manufacturers of the applicable 

coatings must comply with now. An informal survey of automobile refinishing operations in Central lndiana in 2005 

showed that the HVLP equipment is already in use by most operations because of the increased efficiency, 

safety, and overall cost savings of using the newer technology. IDEM believes this is true throughout the state 

and that most of these operations have probably also already begun using improved work practices comparable 

to those specified in the existing state rule to increase safety and maintain the equipment. Therefore, because 

automobile refinishers already must comply with the federal VOC limits and because most already use the work 

practices in the existing lndiana rule, IDEM anticipates that the fiscal impact of this alternative is minimal to the 

regulated community. 

Small Business Assistance Information 

IDEM established a compliance and technical assistance (CTAP) program under IC 13-28-3. The program i provides assistance to small businesses and information regarding compliance with environmental regulations. In 

i accordance with IC 13-28-3 and IC 13-28-5, there is a small business assistance program ombudsman to provide 

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

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

www.in.govlidemlcompliance/ctaplindex. html 

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

Alison Surface 

IDEM Compliance and Technical Assistance Program 

OPPTA - MC60-04 

100 North Senate Avenue 

W-04 1 

Indianapolis, IN 46204-2251 

(31 7) 232-81 72 

ctap@idem.in.gov 

The Small Business Assistance Program Ombudsman is: 

Megan Tretter 

IDEM Small Business Assistance Program Ombudsman 

MC50-01- IGCN 1307 

100 North Senate Avenue 

Indianapolis, IN 46204-2251 

(31 7) 234-3386 

mtretter@idern.in.gov 

Public Participation and Workgroup lnformation 

No workgroup is planned for the rulemaking. If you feel that a workgroup or other informal discussion on the 

rule is appropriate, please contact Amy Smith, Rules Development Section, OfFice of Air Quality at (317) 

233-8628 or (800) 451-6021 (in Indiana). 

I SUMMARYIRESPONSE TO COMMENTS FROM THE FIRST COMMENT PERIOD L IDEM requested public comment from December 27,2006, through January 26, 2007, on alternative ways to 

achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received no 

comments in response to the first notice of public comment period. 

(\ 

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IDEM requested public comment from June 27,2007, through July 27, 2007, on additional alternatives to 

achieve the purpose of the rule and suggestions for the development of draft rule language. IDEM received no 

comments in response to the continuation of first notice of public comment period. 

REQUEST FOR PUBLIC COMMENTS ' 

i 

\ 

This notice requests the submission of comments on the draft rule language, including suggestions for 

specific revisions to language to be contained in the draft rule and comments on the potential fiscal impact of the 

draft rule language. Mailed comments should be addressed to: 

#06-603(APCB) Automobile Refinishing 

Amy Smith Mail Code 61 -50 

c/o Administrative Assistant 

Rules Development Section 

Office of Air Quality 

lndiana Department of Environmental Management 

100 North Senate Avenue 

Indianapolis, lndiana 46204. 

Hand delivered comments will be accepted by the receptionist on duty at the tenth floor reception desk, Office of 

Air Quality, 100 North Senate Avenue, Indianapolis, Indiana. 

Comments may be submitted by facsimile at the IDEM fax number: (317) 233-2342, Monday through Friday, 

between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules 

Development Section at (31 7) 233-0426. 

COMMENT PERIOD DEADLINE 

Comments must be postmarked, faxed, or hand delivered by August 15,2008. 

Additional information regarding this action may be obtained from Amy Smith, Rules Development Section, 

Office of Air Quality, (31 7) 233-8628 or (800) 451-6027 (in Indiana). 

DRAFT RULE 

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

326 IAC 8-10-1 Applicability 

Authority: IC 13-14-8; lC 13-1 7-3-4; IC $3-173-1 1 

Affected: IC 13-1 5; IC 13-1 7 

Sec. 1. (a) +Ww&h+& This rule apply applies to any person who as follows: 

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

or surface preparation products in the following: 

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

(B) All other counties on or after June I, 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 ?(3+ 2(25) 

and 2(3Q) 2(26) of this rule, in the following: 

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

(B) All other counties on or after June I, 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; 

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

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

requirements of this rule. 

(Air Pollution Control Board; 326 IA C 8-10-1; filed Oct 3, 1995, 3:00 p.m.: 19 IR 194; filed Jul 14, 1998, 5:04 p.m.: 

21 IR 4518; filed Apr 23, 1999, 2: 12 p.m.: 22 lR 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. . . 

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

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

(A) resins; 

(B) pigments; 

(C) liquid solvents; and 

(D) gaseous propellants; 

packaged in a disposable can for hand-held application. 

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

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

Motor Vehicle Safety Standards. 

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

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

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

(A) auto body and repair shops; 

(B) production paint shops; 

(C) new car dealer repair and paint shops; 

(D) fleet operation repair and paint shops; and 

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

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

The term includes dealer repair of vehicles damaged in transit. 

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

topcoat system. 

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

transparent clearcoat portion. The VOC content of a basecoatlclearcoat system 

shall be calculated according to the following formula: 

i Where: vocndcc = VOC content as applied of the basecoat (bc) and clearcoat (cc) 

systems. 

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

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VOCcc = VOC content as applied of any given clearcoat. 

i 

i 

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

(4+ (9) "Clearcoat" means a topcoat wbkh that: 

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

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

(4+ (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. 

f?4;) (12) "Container" means a vessel or tank used to store: 

(A) coatings; 

(B) surface preparation products; 

(C) solvents; or 

(D) waste. 

.&3j (13) "Disposed off site" means sending, outside of the refinishing facility, the used: 

(A) coatings; 

(6) surface preparation products; 

(C) solvents; or 

(D) wastes. 

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

over flexible parts such as the following: 

(A) Filler panels. 

(B) Elastorneric bumpers. 

&3j (15) "Electrostatic application" means the application to a substrate of charged atomized paint droplets 

&kt+ that are deposited by electrostatic attraction. 

(Zlj (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. & 

(B) Brushes. e~ 

(C) Nonrefillable aerosol cans. 

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

48. a (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. 

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

f?6j (21) "Hardener" means an additive designed to promote a faster cure of coatings whi& that cure by 

cross-linking of the resin components. 

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

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

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

the spray system. 

@8) (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 

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throuclh the distribution network or retailers. 

@3j (124) "Midcoat" means a semitransparent topcoat wbkh that is the middle topcoat applied as part of a 

three (3) stage topcoat system. 

i' fMj (25) "Mobile equipment" means any equipment whkb that may be driven or drawn on a roadway, 

including, but not limited to, the following: 

(A) Truck bodies. 

i\ (B) Truck trailers. 

(C) Cargo vaults. 

(D) Utility bodies. 

(E) Camper shells. 

(F) Construction equipment, such as the following: 

(i) Mobile cranes. 

(ii) Bulldozers. aR$ 

(iii) Concrete mixers. 

(G) Farming equipment, such as the following: 

(i) Tractors. 

(ii) Plows. 

(iii) Pesticide sprayers. 

(H) Miscellaneous equipment, such as the following: 

(i) Street cleaners. 

(ii) Golf carts. 

(iii) Ground support vehicles. 

(iv) Tow motors. & 

(v) Fork lifts. 

@4j (26) "Motor vehicles" means the following: 

(A) Automobiles. 

(B) Buses. 

(C) Trucks. 

(D) Vans. 

(E) Motor homes. 

(F) Recreational vehicles. 

(G) Motorcycles. 

(3+ (27) "Multicolor coating" means a topcoat w4kb that is: 

(A) a coating that exhibits more than one (1) color when applied; tw&&x&+ . . 

(8) packaged in a single container; and 

(C) applied in a single coat. 

+Sj (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. 

(35) (29) "Precoat" means any coating whkb that is applied to bare metal primarily to deactivate the metal 

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

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

applied. This coating: 

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

(B) is necessary to provide surface etching; and 

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

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

of providing: 

(A) corrosion resistance; 

(B) adhesion of subsequent coatings; or 

(C) color uniformity. 

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

(A) provide: 

(i) corrosion resistance; 

(ii) adhesion of the topcoat; and 

(iii) color uniformity; and 

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

i @9j (33) "Primer surfacer" means any coating applied to a substrate prior to the application of a topcoat to: 

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(A) . wrovide: *. 

(i) corrosion resistance; and 

(ii) adhesion of the topcoat; and 

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

f4Qj (34) "Reducer" means the solvent added to dilute a coating, usually for the purpose of lowering the 

viscosity of a coating. 

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

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

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

manufacturing (OEM) plant coating assembly line. 

(4£j (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. 

f44) (38) "Reused on site" means the reuse of a: 

(A) coating; 

(B) surface preparation product; or 

(C) solvent; 

in the refinishing facility. 

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

(A) dissolving or dispersing constituents in a coating; 

(B) adjusting the viscosity of a coating; or I (C) cleaning application stations, equipment, or containers. 

f45) (40) "Specialty coatings" means coatings w!W+ that are necessary due to unusual and uncommon job 

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

(A) Weld-through primers. 

(B) Adhesion promoters. 

(C) Uniform finish blenders. 

(D) Elastomeric materials. 

(E) Gloss flatteners. 

(F) Bright metal trim repair. 

(G) Anti-glarelsafety coatings. 

(H) Multicolor coatings. 

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

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

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

f49) (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. 

@Qj (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: G 

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Where: V°CT3-stage = VOC content as applied of the three (3) stage coating system. 

VOCbc = VOC content as applied of any given basecoat. 

VOCmc = VOC content as applied of any given midcoat. 

VOCm = VOC content as applied of any given clearcoat. -- 

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

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

denominator would be five (5). 

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

protection or appearance. 

(52j (46) "Touch-up coating" means a coating applied by brush or hand-held, nonrefillable aerosol cans to 

repair minor surface damage and imperfections. 

&Gij (47) "Uniform finish blenders" means coatings that are utilized to ensure that the 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. 

f54j (48) "VOC content" of coating or surface preparation products means the weight of VOC, less water, and 

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

(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. 

(!36j (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) "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 8-70-2; filed Oct 3, 1995, 3:00 p.m.: 19 IR 194; errata filed Dec I I, 1995, 

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

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

326 IAC 8-10-3 Requirements 

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

Affected: IC 13-12 

Sec. 3. (a) -r ? , ?!B& Each manufacturer or distributor of coatings or surface 

preparation products manufactured or distributed for use 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(a) of this rule. 

(b) -r' ? , 19% Any person commercially providing refinishing coatings or surface 

preparation products for use -, c: -that were manufactured after ,.,.-I , , .I -2% January I I, 1999, shall comply with the following: 

(1 ) 1 The VOC content limits listed in section 4.0 4(a) of this 

(, rule. 

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

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(c) Any person applying any coating or surface preparation product 

-sh;l; cornply with the following: 

(1) The provisions of section 4.0 4 of this rule. 

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

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

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

(d) ?, 139% 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. 

(Air Pollution Control Board; 326 IAC 8-10-3; filed Oct 3, 1995, 3:00 p.m.: 19 lR 197; filed Apr 23, 1999, 2:tZp.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 13-17-34 

Affected: IC 13-12 

Set. 4. (a) 1, 139% The owner or operator of a refinishing facility subject to this rule shall 

limit emissions of VOCs from refinishing operations by ef~~ (?) 

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

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

Coating Category VOC Limit 

grams Ibs 

liter gallon 

Pretreatment wash primer 780 6.5 

Precoat 660 5.5 

Primertprimer surfacer 576 4.8 

Primer sealer 552 4.6 

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Topcoat 

I Single and two stage 

Three and four stage 

Multi-colored topcoat 

i Specialty 

For surface preparation products: 

Type of Substrate 

Plastic 

Other 

600 

624 

680 

840 

grams 

liter 

780 

168 

VOC Limit 

Ibs 

gallon 

6.5 

1.4 

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

by volume of all coatings applied on a monthly basis. 

(Air Pollution Control Board; 326 IA C 8- 10-4; fled Oct 3, 1995, 3:00 p.m.: -19 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 13-1 1-34 

Affected: IC 13-42 

set- 5. (a) -I 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 

(6) noncleaning operations with the exception of the maintenance and repair of the 

cleaning device itself; and 

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

site or for disposal off site. 

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

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

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

L. (b) -The owner or operator of a refinishing facility subject to this rule shall use one 

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

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

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

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

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

(c) 1, ?9% 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) 1 Except when actively or directly applying, store in closed 

containers, all fresh or used refinishing materials, 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. 

i (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 

eempemd 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) ?, ?$!Xi Develop a written training program. The training program may include training 

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

appropriate, on the following topics: 

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

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

owner or operator's recommendations. 

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

minimize their usage. 

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

solvents to the atmosphere. 

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

(F) Procedures to: 

(i) gather; 

(ii) record; 

(iii) monitor; and 

(iv) report; 

data in accordance with section 9 of this rule. 

(2) Provide annual refresher training prior to May 1 of each year to any employee 

performing one (1) or more of the activities listed in subdivision (I). Swb The training shall be appropriate to 

the job responsibilities of the employee. 

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

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

(A) Sweh The untrained person works under the supervision of a Derson who meets the trainina " 

requirements of subdivision (2). 

(9) 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. 

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

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

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

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

3:00 p.m.: 19 IR 674; filed Jul 14, 1998, 5:04 p.m.: 21 IR 4518; errata filed Dec 12, 2002, 3:35 p.m.: 26 lR 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: 1C 13-12 

Sec. 6. (a) -2: 1, ? 24% Each manufacturer of coatings or surface preparation products 

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

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

preparation produ~c)o~d~~de the owner or operator of a refinishing facility with a 

written record or document containing the following coating or surface preparation product information: I (1) Product description. 

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

(3) Thinning instructions. 

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

supplied: 

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

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

combination of products with varying VOC levels, provide: 

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

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

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

multistage system. 

(5) A statement that: 

(A) the coating is, or is not, in compliance with the VOC limits in section 4-@j 4(a) of this rule; and 

(B) if the coating is not in compliance, this rule prohibits its application at an automobile refinishing facility 

that does not control VOC emissions with the application of a control system. 

(6) The: 

(A) name; 

(B) address; 

(C) telephone number; and 

(D) signature; 

of the person purchasing the product. 

(b) -;?, ? 99& Any person who is engaged in commercially providing eedkg coatings or 

surface preparation products ' shall provide to the recipient and shall keep 

the following records of all coa:suppli

'-'*---The records shall 

include the following: 

(1) The product description. 

(2) The amount supplied. 

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

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(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: ex (1) 

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

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

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

multistage system. 

(5) The: 

(A) name; 

(B) address; 

(C) telephone number; and 

(D) signature; 

of the person purchasing the product. 

(c) ?29& The owner or operator of a refinishing facility subject to this rule shall submit to 

the depEmd~t signed by a responsible official of the facility certifying that the facility has acquired 

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

4&+ 4(a) of this rule. 

(Air Pollution Control Board; 326 IAC 8-10-6; filed Oct 3, 1995,3:00p.m.: 19 IR 199; filed Jul 14, 1998, 5:04 p.m.: 

21 IR 4519; errata fled Dec 12, 2002, 3:35p.m.: 26 lR 1568) 

SECTION 7.326 IAC 8-10-7 IS AMENDED TO READ AS FOLLOWS: 

326 IAC 8-1 0-7 Test procedures 

i Authority: IC 13-14-8; 1C 13-17-34 

Affected: IC 13-1 2 

i 

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

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

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

information such as the: 

(1) container label; 

(2) product data sheet; and t!+e 

(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. 

(, 

t 

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

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

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

i Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204. 

i (Air Pollution Control Board; 326 IAC 8-70-7; filed Oct 3, 1995, 3:00 p.m.: 19 IR 199; errata filed Dec I I, 1995, 

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

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

326 IAC 8-10-9 Record keeping and reporting 

Authority: IC 13-14-8; IC 13-1 7-3-4 

Affected: IC 13-12 

Sec. 9. (a) Owners or operators of refinishing facilities subject to the provisions of section 4&j 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: 

(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 4(a) of this rule. 

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

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

(F) VOC content as supplied or packaged. 

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

(i) Catalysts. 

(ii) Reducers. 

(iii) Hardeners. 

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

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

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

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

( .,, 

( 

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kc! of - . . 

@j (b) Owners or operators of refinishing facilities a#fe&&& subject to this rule shall maintain the following 

records: 

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

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

I (3) Records as required in this section. 

@j (c) Owners or operators of refinishing facilities a+k&&y subject to this rule shall: 

(I) maintain all records for a minimum of three (3) years; and fkaH 

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

fe) (d) Failure to maintain records required by subsections (a) tbmgW& and (b) shall constitute a violation of 

this rule for each day records are not maintained. 

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

to the department the following: 

(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 8-10-9; filed Oct 3, 1995, 3:00 p.m.: 19 IR 200; errata filed Dec 11, 1995, 

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

SECTION 9.326 IAC 8-10-8 IS REPEALED. 

Notice of Public Hearing 

Posted: 07/16/2008 by Legislative Services Agency 

An html version of this document. 

Date: May 28,2009 3:20:50PM EDT DIN: 20080716-IR-326060603SNA Page 16