New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter III - AIR RESOURCES › Subchapter A - PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION › Part 228 - SURFACE COATING PROCESSES, COMMERCIAL AND INDUSTRIAL ADHESIVES, SEALANTS AND PRIMERS › Subpart 228-1 - SURFACE COATING PROCESSES › Section 228-1.1 - Applicability and exemptions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Applicability.
Except as provided for in subdivision (b) of this
						section, every owner or operator of a facility containing a coating line must
						comply with the provisions of this Subpart. All facilities which start-up after
						the effective date of this regulation must be in compliance upon start-up. All
						other subject facilities must be in compliance by the effective date of this
						regulation; or submit a schedule and plan to the department within three months
						of the effective date of this regulation. The schedule and plan must describe
						in detail how the facility will implement the applicable requirements of this
						Subpart, and include a compliance schedule outlining the specific dates the
						implementation measures will be completed. This schedule and plan must be
						implemented and bring the facility into compliance within nine months of the
						effective date of the regulation.
(1)
					 Table 1 identifies the coating lines subject to this Subpart based on their
					 potential to emit (PTE) or actual emissions of volatile organic compounds
					 (VOCs), from all sources at the facility, regardless of process type, excluding
					 combustion installations. The coating lines identified in table 1 must comply
					 with the requirements set forth in this Subpart, including any specific
					 requirements applicable to the designated coating line class.
Table 1 - Applicability
Designation of Coating Line Class & Description
								  of Coating Line
The following facilities, containing a
								  corresponding coating line, are subject to this Subpart:
Class A Coating Line:
Mobile Equipment Repair and Refinishing or Color
								  Matched Coating Lines
(i) All facilities regardless of location or their
								  actual or potential to emit volatile organic compounds.
Class B Coating Lines:
(1) Metal Furniture (2) Large Appliance (3) Flat
								  Wood Paneling (4) Miscellaneous Metal Parts (5) Miscellaneous Plastic Parts (6)
								  Auto/Transportation and Business Machine Plastic Parts (7) Marine pleasure
								  craft surface (8) Motor vehicle materials (9) Automobile and Light Duty Truck
								  Assembly
(i) All facilities located in the New York City
								  metropolitan area, plus the Orange County towns of Blooming Grove, Chester,
								  Highlands, Monroe, Tuxedo, Warwick, and Woodbury; and (ii) Facilities not
								  located in the above counties and towns with actual process emissions greater
								  than or equal to 3 tons of VOC per year.
Class C Coating Line:
Wood Finishing
(i) All facilities located in the New York City
								  metropolitan area, plus the Orange County towns of Blooming Grove, Chester,
								  Highlands, Monroe, Tuxedo, Warwick, and Woodbury; and (ii) Facilities not
								  located in the above counties and towns with PTE's greater than or equal to 25
								  tons of VOC per year.
Class D Coating Lines:
Magnetic Wire Metal Cans Coil Vinyl Fabric Paper,
								  Film and Foil
(i) All facilities located in the New York City
								  metropolitan area, plus the Orange County towns of Blooming Grove, Chester,
								  Highlands, Monroe, Tuxedo, Warwick, and Woodbury; and (ii) Facilities not
								  located in the above counties and towns with PTE's greater than or equal to 10
								  tons of VOC per year.
Class E Coating Lines:
Tablet (pharmaceutical) Glass Leather
								  Aerospace
(i) All facilities located in the New York City
								  metropolitan area, plus the Orange County towns of Blooming Grove, Chester,
								  Highlands, Monroe, Tuxedo, Warwick, and Woodbury; and (ii) Facilities not
								  located in the above counties and towns with PTE's greater than or equal to 50
								  tons of VOC per year.
(2) Coating lines not specifically listed in
					 table 1 may also be subject to the requirements applicable to coating line
					 classes A through E. The owner/operator of any "coating line" or "coating
					 process" not specifically listed in table 1 of this section must contact the
					 department's regional office, who will determine the applicable VOC control
					 requirements of the coating process and the class of the coating line. The
					 department's applicability determination will be based on a review of the
					 facility, including but not limited to a review of any processes, emission
					 sources, and/or products to be, or being, coated at the facility. For purposes
					 of its review, the department may require a physical inspection of the
					 facility.
(3) Any coating line that
					 is or becomes subject to the provisions of this Subpart will remain subject to
					 these provisions even if the annual potential to emit, or actual emissions of
					 VOCs, for the facility later falls below the thresholds set forth in this
					 subdivision of this section.
(4)
					 Coating lines not specifically identified in table 1 of paragraph (1) of this
					 subdivision or subject to class A through E requirements pursuant to paragraph
					 (2) of this subdivision need only comply with the 'General Requirements'
					 provisions of section
					 228-1.3(a) through
					 (d)  of this Subpart, including opacity,
					 recordkeeping, prohibition of sale, and handling, storage and disposal
					 requirements.