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 Departmentof Environmental Management (IDEM) has developed draft rule language for amendmentsto 326 IAC 8-)0 concerning automobile refinishingoperations in Indiana. By this notice, IDEM is soliciting public comment on the draft rule language. IDEM seeks comment on the affected citations listedand any other provisionsof 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 13-17-3-4; IC 13-17-3-1

### 1; IC 13-1 7-3-12.

SUBJECT MATTER AND BASIC PURPOSE OF RULEMAKING Basic Purpose and Background Underthe Clean Air Act, the United States EnvironmentalProtectionAgency (U.S. EPA) is responsiblefor: 

### (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 meetthose standards; and (3) overseeing states' efforts to develop and implementplansto improve air quality inthose areas. The CleanAir Act establishes basic requirementsand


### ( procedures for the clean air planning process, but U.S. EPA issues more specific guidanceto help states, citizens, businesses, and local governments comply with the CleanAir Act's requirements. 

### U.S. EPA also promulgates rules to meet the Clean Air Act requirements. 

# i Inthe April 30, 2004, Federal Register (69 FR 23858), the U.S. EPA designated23 lndiana countiesas nonattainment for the &hour ozone standard. Since that time, all monitoringlocations in lndiana have met the 8-hr ozone standard and 21 of those counties have been redesignatedto attainment. IDEM continues to work with U.S. EPAto have Lake Countyand Porter County redesignatedto 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 LawrenceburgTownship in Dearborn County, which addresses its contribution to Cincinnati's ozone nonattainment. While all monitored portions of lndiana have attained the current El-hourozone standard, it is prudentfor lndiana to consider implementing additional cost-effective measures to reduce emissionsthat contribute to the formation of ozone. The reasonsfor considering additional reductions include: the narrow margin between Indiana's current air quality and the new lower 8-hr ozone standardof 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 contributingto their inabilityto attain the standard (the CleanAir Act provides a legal mechanismfor those states to require lndiana to reduce Indiana's potential contribution to nonattainmentin other states). Becausevolatile organic compounds (VOCs) contributeto the formation of ozone, 

### it is importantto control VOCs in orderto comply with the &hour ozone standard. In an effortto assist states inthe Midwest Regional PlanningOrganization (MRPO), the Lake MichiganAir DirectorsConsortium (LADCO) has been workingwith statesto identifyand 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 LADCOto be considered by each of these states to reduce our mutual contribution to ozone formation inthe upper Midwestand 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 recoveryfrom gasoline dispensing facilities. In general, these proposed regulations would expand regulationsthat already exist in parts of lndiana and other statesto cover all similar emissionsfrom each of the participatingstates. The potential benefits of this



# . coordinatedaction include improved lndiana and regional air qualitythat may preventfuture nonattainment designations, an improved margin of safety between current lndiana air quality and the current standard, and the 

## (. reduced likelihoodofthe needto impose more costly emission reduction measures in the future. 

# '

Date: May 28.2009 3:20:5OPM EDT DIN: 20080716-IR-326060603SNA Page 1lndiana Register
Automobile refinishing includes the application of coatings subsequentto 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 inthe cleaning solutions. The automobile refinishing rule at 326 IAC 8-10 affects automobile refinishing operations performed inthe 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 manufacturersand distributors of automobile refinishing coatings. Besides VOC content limits, 326 IAC 8-10 also includes work practice standards and training requirements. Indiana'sexisting,automobile refinishing rule at 326 IAC 8-10 was promulgated in 1995to meet the 1990 CleanAir 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 rulewas promulgatedto assist bringing these counties into attainment. The federal automobile refinishing rule, 40 CFR 59, Subpart B-NationalVolatile Organic Compound Emission Standards for Automobile Refinish Coatings, became effective on September 11, 1998 (63 FR 48806). Underthe federal rule, automobile refinishingcoatings 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 compliancewith emission limits, and reporting requirements for the manufacturersand importersof automobile refinish coatings or coating components. Automobile refinishing operations across lndiana must already complywith the federal rule. For operations not currently covered by the state rule, extendingthe existing state rule to the entire state would require work practice standardsfor operations not currently covered bythe state rule. LADCO estimates that extending the existing lndiana automobile refinishingruleto 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 reductionsfrom the federal rule is more realistic. However, an informal survey of automobile refinishing operations in Central lndiana conducted by IDEM in 2005 showedthat 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 usingthe newertechnology. The operationscontacted have also already implemented



# I improvedwork practices. In order to remove obsolete language IDEM is also proposingto repeal 326 IAC 8-10-8 and any additional language in 326 IAC 8-10 regardingcontrol system operation, maintenance, and monitoring. IDEM's rule 326 IAC 

### 8-10was promulgated 

### in 1995, approximatelythree 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 productsthat meetthe VOC content limits in326 IAC 8-10-4; 

### (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 coatingsor surface preparation products nationwidewere required to meet VOC content limits that were identicalto IDEM's

### VOC content limits in 326 IAC 8-10-4. Since all coatings or surface preparation products must complywith the federal rule, current rule language providing an option of a control system to limit VOC emissions from coatings or surface preparationproducts is now obsolete. In combinationwith similar efforts inthe other MRPOstates, extendingthe automobile refinishing rules to all lndiana countieswill contribute to a regional control of VOC that will assist many counties to reach and maintain attainmentfor 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 pollutioncontrol efforts in Indiana. IC 13-14-9-4 Identificationof 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 appliesthat is "not imposed underfederal law" (NIFL element or elements). The following information is providedwith each NlFLelement: (1) The environmental circumstance or hazard dictating the impositionof the NlFL element in order to protect human health and the environment in lndiana and examples inwhich federal law is inadequateto providethis protection for Indiana. 

### (2) The estimated fiscal impact and expected benefits of the NlFL element, based on the extenttowhich the NlFL element exceeds the requirementsof federal law. (3) The availability for public inspection of all materials relied on by IDEM in the developmentofthe NIFL 

# L element including, if applicable: health criteria, analytical methods, treatment technology, economic impact data, environmental assessmentdata, analyses of methods to effectively implementthe proposed rule, and other background data. 

# i NlFL Element

### A: Requiringwork practice standards in parts of the state not already covered by the rule. The

Date: May 28,2009 3:20:50PM EDT DIN: 20080716-iR-326060603SNA Page 2lndiana Register applicability provisions in 326 IAC 8-10-1 will require all automobile refinishingoperations 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 8-10-9.

-- - (1)The application of certain VOC control measures to all counties in lndiana will provide a general benefitto 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 compliancewith the work practice standards is expected to be minimal because most affected operations already follow the standards for increasedefficiency, safety, and cost savings. (3) LADCO evaluated potential reductionsfrom various regulatory optionsthat could be adopted on a multistate basis inthe region. LADCO calculates that extending the current automobile refinishing rules statewidewill reduce VOC emissions inthe five state MRPO regionfrom 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 Refinishingat: 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 rulewould 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 manufacturersofthe 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 usingthe newertechnology. IDEM believesthis istrue 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 maintainthe 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 anticipatesthat the fiscal impact ofthis alternative is minimal to the regulated community. Small Business Assistance Information IDEM established a compliance andtechnical assistance (CTAP) program under IC 13-28-3. The program i provides assistanceto small businesses and information regardingcompliance with environmental regulations. In 

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

a point of contact for small businessesaffected by environmental regulations. lnformationon the CTAP program, the monthly CTAP newsletter, and other resources available can be found at: 

### www.in.govlidemlcompliance/ctaplindex. html Small businesses affected bythis 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, IN46204-2251 (31 7) 232-81 72 ctap@idem.in.gov The Small Business Assistance Program Ombudsman is: Megan Tretter IDEM Small BusinessAssistance Program Ombudsman MC50-01- IGCN 1307 100 North Senate Avenue Indianapolis, IN46204-2251 (31 

### 7) 234-3386 mtretter@idern.in.gov Public Participation andWorkgroup lnformation No workgroup is planned for the rulemaking. Ifyou feel that a workgroup or other informaldiscussion 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 suggestionsfor the development of draft rule language. IDEM received no comments in responseto the first notice of public comment period. 

### (\ Date: May 28,2009 3:20:50PM EDT DIN: 20080716-IR-326060603SNA Page 3lndiana Register
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 submissionof 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 Departmentof EnvironmentalManagement 100 North Senate Avenue Indianapolis, lndiana 46204. Hand delivered comments will be accepted by the receptionist on duty at the tenth floor receptiondesk, Office of Air Quality, 100 North SenateAvenue, Indianapolis, Indiana. Comments may be submitted by facsimile at the IDEM fax number: (317) 233-2342, Mondaythrough 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 (317) 233-0426.

COMMENT PERIOD DEADLINE Comments must be postmarked,faxed, or hand delivered byAugust 15,2008. Additional information regarding this action may be obtainedfrom Amy Smith, Rules DevelopmentSection, Office of Air Quality, (31 7) 233-8628 or (800) 451-6027 (in Indiana).

DRAFT RULE

SECTION 1.326 IAC 8-10-1 ISAMENDED 

### 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 13-17

Sec. 1. (a) 

### +Ww&h+& This rule

### apply applies to any personwho asfollows: (1) Sells, offers for sale, or manufactures for sale refinishingcoatings

or surface preparation products inthefollowing:



### (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, motorvehicle 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) Applicationof aerosol coating products. (2) Graphic design application. 

### (3) Touch-up coating application.

(c)This rule does not apply to individualswho: (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 calendaryear.

Date: May 28,20093:20:50PM EDT DIN: 20080716-IR-326060603SNA Page 4Indiana Register
(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 ControlBoard; 326 

### IAC 8-10-1; 

### filed Oct3, 1995, 3:00p.m.: 19 

### IR 194; filed 

### Jul 14, 1998, 5:04p.m.: 21 

### IR 4518; 

### filed Apr 23, 1999, 2: 12p.m.: 22 

### lR 2856)

SECTION 2.326 IAC 8-10-2 IS AMENDED TO READAS 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 

### Wapply throughoutthis 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 adhesionto plastic substrates,where sanding is impracticable. 

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

### (2) "Aerosolcoating products" means a mixture of:

(A) resins; (B) pigments; (C)liquid solvents; and 

### (D) gaseous propellants; packaged in a disposable can for hand-heldapplication. 

### (3) "Anti-glarelsafety coating" means a low gloss coating formulatedto eliminate or reduce glare for safety purposes on interior surfaces of a vehicle, as specified under the UnitedStates Department of Transportation Motor Vehicle Safety Standards. 

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

### (5) "Automobile refinishing" means refinishing operations for after-market motorvehicles, motorvehicle parts, motor vehicle components, or mobile equipment performed in:

(A) auto body and repair shops; (B) productionpaint 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 intransit. (6) "Basecoat" means a pigmented topcoat

### wbkbthat isthe first topcoat applied as part of a multistage topcoat system. 

### (7) "Basecoat~clearcoat system" means a topcoat system composed of a pigmented basecoat portionand 

### a transparent clearcoat portion. The VOC content of a basecoatlclearcoat system shall be calculated according to the followingformula:



# i Where: 

### vocndcc 

### = VOC content as applied of the basecoat (bc) and clearcoat (cc) systems. VOC, 

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

# \

Date: May 28,2009 3:20:50PM EDT DIN: 20080716-IR-326060603SNA Page 5Indiana Register

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 

### wbkhthat: (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 coatingto blend in an existing coating so that color difference is not visible. 

### f?4;) (12) "Container" means a vessel or tank usedto store: (A) coatings; (B) surface preparation products; (C)solvents; or (D) waste.

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



### (A) coatings; (6)surface preparation products; 

### (C) solvents; or 

### (D) wastes.

(14) "Elastomeric materials" meanstopcoats 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 applicationto a substrate of charged atomized paint droplets 

### &kt+ that are deposited by electrostaticattraction. 

### (Zlj(16) "Equipment" means devices that are usedto transfer or apply coating, surface preparation product,

or solvent, such as, but not limitedto, thefollowing:

(A) Spray guns. & (B) Brushes. e~ (C) Nonrefillable aerosol cans. (17) "Exempt compounds" means a nonphotochemically reactive hydrocarbonas 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" meansvehicles used in support of aircraft activitiesat 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

meansof coating application equipment 

### whkbthat operates between one-tenth (0.1) and ten (10) pounds per square inch gauge (psig) air pressure measured dynamicallyatthe center of the air cap and at the air horns of the spray system. @8) 

### (23) "Material safety data sheet" or 

### "MSDS meansthe chemical, physical, technical, and safety information document supplied by the manufacturer of the coating, solvent, or other chemical product, usually 

## (\ Date: May28,2009 3:20:50PM EDT DIN: 2008071 6-IR-326060603SNA Page 6Indiana Register
throuclh the distribution network or retailers. @3j (124) "Midcoat" means a semitransparent topcoat 

### wbkhthat is the middle topcoat applied as part of a three (3) stage topcoat system. 

# i' fMj(25) "Mobile equipment" means any equipment whkbthat 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) Farmingequipment, 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" meansthe following:

(A)Automobiles. (B) Buses. 

### (C) Trucks. 

### (D) Vans. 

### (E) Motor homes. 

### (F) Recreationalvehicles. 

### (G) Motorcycles. (3+ (27)"Multicolorcoating" means a topcoat

### w4kb that is: (A) a coating that exhibits morethan one (1) color when applied; 

### tw&&x&+ 

### . . (8) packaged in a single container; and (C) appliedin a single coat. +Sj (28) "Multistagetopcoat system" means any basecoat/clearcoattopcoat system or any three (3) stage topcoat system: (A) manufactured as a system; and 

### (B) used as specified bythe manufacturer.

(35) (29) "Precoat" means any coating

### whkb that is appliedto bare metal primarilyto deactivatethe metal surface to provide corrosion resistance against a subsequent water-based primer. 

### (36j (30) "Pretreatmentwash 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 byweight; (B) is necessary to provide surface etching; and (C)isapplied directly to bare metal surfaces to provide corrosion resistance.

(31) "Primer" means any coating appliedto a substrate prior to the applicationof 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 appliedto a substrate prior to the application of a topcoatto: (A) provide:

(i) corrosion resistance; (ii) adhesion of the topcoat; and (iii) color uniformity; and (B) promotethe ability of an undercoatto resist penetration by the topcoat. 

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

# ( Date: May 28,2009 3:20:5OPM EDT DIN: 2008071 6-IR-326060603SNA Page7Indiana Register (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 loweringthe viscosity of a coating. 

### @+ (35) "Refinishing" means any coating of motor vehicles, motorvehicle parts,

### a+=& motorvehicle components, or mobile equipment, including partial body collision repairs, for the purpose of protectionor beautification and 

### wbkb that is subsequentto the original coating applied at an original equipment manufacturing (OEM) plant coating assembly line. (4£j(36) "Refinishingjob" 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 containingVOCs that 

### is usedfor:

(A) dissolving or dispersing constituents 

### in a coating; (B) adjusting the viscosity ofa coating; or
I (C) cleaning applicationstations, equipment, or containers. f45) (40) "Specialty coatings" means coatings 

### w!W+ that are necessary due to unusual and uncommon job performancerequirements, including, but not limitedto, the following: (A) Weld-through primers. 

### (B) Adhesion promoters. (C) Uniformfinish blenders. (D) Elastomeric materials. 

### (E) Gloss flatteners. 

### (F) Bright metaltrim repair. (G) Anti-glarelsafety coatings. 

### (H) Multicolor coatings.

(41) "Spot repairs" means repairsto motor vehicles inwhich 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 coatingsor surface preparation products are applied. 

### f49) (43) "Surface preparation products" means productswith VOC content greaterthan 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 accordingto the followingformula: 

# G

Date: May 28,2009 3:20:50PM EDT DIN: 20080716-IR-326060603SNA Page 8Indiana Register

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 additionalcoating in the numerator, and the denominatorwould be five 

### (5). (Slj(45) "Topcoat" means the final film or series of films of coating appliedto 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 refinishingof a vehicle imperceptibly blend in with the undamaged finish of repaired and undamaged portions of the:

(A) motorvehicle; 

### (B) motorvehicle parts; (C) motorvehicle components; or 

### (D) mobile equipment. 

### f54j (48) "VOC content" of coatingor 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 preparationproducts means the VOC content of the coating or surface preparationproduct, as applied to the substrate. (!36j (50) "VOC contentas supplied" means the VOC content of coating or surface preparation products, sold and delivered by the manufacturerto the user. @?) (51) "Weld-through primer" means primers that have the characteristicsof withstanding high temperatures associated with welding without catching fire. (Air PollutionControlBoard; 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 READAS 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 manufactureror distributor of coatings or surface preparation products manufactured or distributedfor use shall complywith the following: (1) 

# 1 The VOC content limits listed in section 

### 4+) 4(a) of this rule. (2) The compliance proceduresoutlined insection 6(a) of this rule.

(b)



### -r' ?

, 19% Any personcommercially providing refinishingcoatings or surface preparation products for use 

### -, c: -that were manufacturedafter ,.,.-I

,

### , .I 

### -2% January 

### I I,

1999, shall comply with the following: (1

) 

# 1 The VOC content limits listed in section 

## 4.04(a) of this 

# (, rule. (2) The compliance proceduresoutlined in section 6(b) of this rule. 

# t (\ Date: May28,2009 3:20:50PM EDT DIN:20080716-IR-326060603SNA Page 9Indiana Register

(c) Any person applyingany 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 personshall 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 ControlBoard; 326 

### IAC8-10-3; filed 

### Oct 3, 1995,

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

### lR 197;filed Apr 23, 1999, 

### 2:tZp.m.: 22 IR2856)

SECTION4.326 IAC 8-10-4 IS AMENDED TO READAS 

### FOLLOWS:

326 IAC 8-10-4 Meansto 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 refinishingfacility 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 Pretreatmentwash primer 

### 780 6.5 Precoat 660 5.5 Primertprimersurfacer 576 

### 4.8 Primer sealer 552 4.6

Date: May 28,2009 3:20:50PM EDT DIN: 20080716-1R-326060603SNA Page 10Indiana Register 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-glareisafetycoatings shall not exceed fwe percent (5%) 

### byvolume of all coatings applied on a monthly basis. (Air Pollution Control Board; 326 IAC 8- 10-4; fled Oct3, 1995, 3:00p.m.: -19IR 197)

SECTION 5.326 IAC 8-10-5 ISAMENDED TO READ 

### AS FOLLOWS:

326 IAC 8-10-5 Work practice standards Authority: IC 13-14-8; IC 13-11-34 Affected: IC 13-42



### set- 

### 5. (a) 

## -I The owner or operator of a refinishingfacility 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 operationswith the exception of the maintenance and repair of the cleaning device itself; and 

### f3) (2) recirculates cleaning solvent during the cleaning operation so that the solvent is available for reuse on site or for disposal off site. The cleaningdevice shall be operated and maintainedaccording to the manufacturer's recommendations. The

owner or operatorof the refinishing facility subject tothis rule shall have the cleaning device manufacturer's recommendations available for inspectionupon 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 combinationof the following equipment for coating application: 

# i (1) Electrostatic equipment. 

# '

Date: May 28,2009 3:20:50PM EDT DIN: 20080716-IR-326060603SNA Page 11Indiana Register (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 maintainedaccording to the manufacturer's recommendations.The owner or operator shall havethe manufacturer's recommendations availablefor 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 Exceptwhen actively ordirectly 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 automotivefluids shall be stored in closed containers. 

### (5) Equipment cleanup shall be performed with methodsthat minimize the use of solvents. Reasonable efforts shall be madeto reclaimthe bulk of used solvents. No cleaning shall be performed by direct spraying of solvents intothe atmosphere. 

### (6) Effort shall be made to schedule operations of a similar nature to significantly reduce total eempemdVOC 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 tothis ruleshall comply with the training requirementsofthis rule as follows: (1) 

### ?, 

### ?$!XiDevelop a written training program. The training program may include training provided by the manufacturer or supplier and shall includewritten proceduresand 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 techniquesthat minimize their usage. (D) Operationand maintenance of spray gun cleaning equipment to minimizeevaporation of organic solvents to the atmosphere. 

### (E) Work practice standards established insubsection (c). 

### (F) Proceduresto:

(i) gather; (ii) record; (iii) monitor; and (iv) report; data in accordance with section 9 of this rule. (2) Provide annual refreshertraining priorto May 1 of each year to any employee performing one 

### (1) or more of the activities listed insubdivision (I). 

### SwbThe training shall be appropriateto thejob responsibilities of the employee. (3) Any person may performone (I)or more activities addressed in subdivision

### (I),for not more than one

- - - - -- Date: May 28,20093:20:50PM EDT DIN: 20080716-IR-326060603SNA Page I2Indiana Register
hundred eighty (180) days, notwithstandingthe requirement of subdivision (2), provided each of the following: (A) SwehThe untrained person works under the supervision of a Derson who meets the trainina " requirementsof subdivision (2). (9) The owner or operator keeps the following records:

(i) The date the person was assignedto 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 ControlBoard; 326 IAC 8-10-%filed Oct 3, 1995, 3:00 p.m.: 19lR 198;errata filed Dec 11, 1995, 3:00p.m.: 19 

### IR 674; filed Jul 14, 1998, 5:04 p.m.: 21 IR 4518; errata filed Dec 12, 2002, 3:35p.m.: 26 lR 1568)

SECTION 6.326 IAC 8-10-6 ISAMENDED 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 coatingsor surface preparation products who supplies coatings or surface preparation productsto a distributor, retailer, or owner or operator of a refinishingfacility ' 

# _- subject to this ruleshall, for each coating or surface preparationprodu~c)o~d~~de the owner or operator of a refinishingfacility with a written record or document containingthe 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 recommendedby the manufacturer; or 

### (B) for multistagesystems inwhich the VOC as applied is dependent upon the VOC content of a combination of products with varying VOC levels, provide:

(i) a list of the maximum allowable packagedVOC for the individual layers; (ii) a comprehensive chart of color combinations and the as-applied VOC content; or (iii) a simple to use formula or grid for the end user

### to calculate the as-appliedVOC content of their multistagesystem. 

### (5) A statement that:

(A) the coating is, or is not, in compliancewith 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 controlsystem. (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 preparationproducts ' shall provide to the recipient and shall keep the following records of all coa:supplied. '-'*---The records shall include the following: (1) The product description. 

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

Date:May 28,20093:20:50PM

### EDT 

### DIN:20080726-IR-326060603SNA Page 13Indiana Register (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 uponthe VOC content of a combination of productswith varying VOC levels, provide: 

### ex (1)

(i) a list of the maximum allowable packagedVOC 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 userto calculatethe as-applied VOC content of their multistage system. (5) The:



### (A) name; 

### (B) address; (C) telephone number; and (D) signature; of the person purchasingthe product.

(c) 

### ?29& The owner or operator of a refinishingfacility 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 continuouslyemploy wahgcoatings or surface preparation products meetingthe VOC limits of section 

### 4&+4(a) of this rule.



### (AirPollution ControlBoard; 326 IAC8-10-6; filed Oct 3, 1995,3:00p.m.: 19 IR 199; filed 

### Jul 14, 1998, 5:04 p.m.: 21IR4519; errata fled Dec 12, 2002, 3:35p.m.: 26 lR 1568)

SECTION 7.326 IAC 8-10-7 ISAMENDED TO READAS FOLLOWS:

326 IAC 8-10-7 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 tothe 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 preparationproducts formulation information such asthe: (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*. Inthe event of any inconsistency between40 CFR 60, Appendix A, Method 24 andformulation data, 40 CFR 60, Appendix

### A, Method24 shall govern.



### (, 

# t

Date: May28,2009 3 20'50PM EDT DIN: 20080716-IR-326060603SNA Page 14lndiana Register

"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,Indiana46204. 

# i (Air Pollution Control Board; 326 

### IAC 8-70-7; filed Oct 3, 1995, 3:00p.m.: 19 

### IR 199; errata filed Dec I I, 1995, 3:00 p.m.: 19 IR 674; errata filed Dec 12, 2002, 3:35p.m.: 26 IR 1568;filed Aug 26, 2004, 11:30a.m.: 28 IR 58)

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

326 IAC 8-10-9 Record keeping and reporting Authority: IC 13-14-8; IC 13-17-3-4 Affected: 

### IC 13-12

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

### 4&j4(a) of this rule shall keep records of the following: (1) For each batch of coating mixed or refinishingjob performed, the following information:

(A) Batch orjob identification number or name. (B) Date batch made orjob performed. (C) Coating category, consistent with the coatingcategories in section 4(a) of this rule. 

### (D) Coating manufacturer's name and identificationnumber. (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) Substrateto which the product is applied. 

### (C) VOC content as supplied per calendar monthfor:

(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 componentsadded. (3) 

## fl Documentssuch 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 departmentto verify the VOC content, as supplied, provided by the coating manufacturer, distributor, or supplier, of the coatings or surface preparation products.



# (

.,, 

# (

Date: May 28,2009 3:20:50PM EDT DIN: 20080716-IR-326060603SNA Page 15Indiana Register
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 inthis 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 availableto the department and the U.S. 

### EPA upon request.

fe) (d) Failureto maintain records required by subsections (a)

### tbmgW& and (b) shall constitute aviolation of this rule for each day records are not maintained.

(e) Owners or operators of refinishingfacilities subject to this rule shall reportwithin thirty (30) days to the department the following: 

### (1) Any incidencein which noncompliantcoating was used. 

### (2) The reasonsfor use of the noncompliantcoating. 

### (3) Corrective actions taken. (Air PollutionControlBoard; 326 IAC 8-10-9;filed Oct 3, 1995, 3:00p.m.: 19 IR 200; errata filed Dec 11, 1995, 3:00 

### p.m.: 19 IR 674;filedJul14, 1998, 5:04p.m.: 21 IR 4520)

SECTION 9.326 IAC 8-10-8 IS

## REPEALED.

Noticeof Public Hearing

Posted: 07/16/2008by Legislative ServicesAgency An

## html version ofthis document.

Date: May 28,20093:20:50PM EDT DIN: 20080716-IR-326060603SNA Page 16