[30 Pa.B. 2995]
[Continued from previous Web Page] F. Summary of Comments and Responses on the Proposed Rulemaking
The Board held four public hearings on the proposed rulemaking published at 29 Pa.B. 1299 (March 6, 1999). The hearings were held at Department Regional Offices in the following areas of this Commonwealth: Pittsburgh on April 6, 1999; Harrisburg on April 7, 1999; Conshohocken on April 8, 1999; and Williamsport on April 9, 1999. Five interested persons provided testimony during the public hearings. The public comment period closed on May 10, 1999.
During the 66-day public comment period, written comments on the proposal were submitted to the Board by IRRC and 13 commentators including the EPA and wood furniture manufacturers. All comments submitted to the Board were considered and, when appropriate, the final-form rulemaking was revised to reflect the commentators' suggestions or objections on the proposal. Testimony and written comments received during the public comment period are summarized in the Comment and Response Document that is available electronically at www.dep.state.pa.us. A listing of significant comments concerning the proposal is as follows:
1. Four commentators expressed support for the proposed rulemaking.
Comment: In general, my company supports the proposed rulemaking. We support the use of the presumptive RACT requirements for wood furniture manufacturing operations in this Commonwealth.
Response: The Department appreciates industry support of the proposal published at 29 Pa.B. 1299.
2. Several commentators offered suggestions and objections to certain definitions proposed in § 121.1.
Comment: The definition for the term ''CPDS--certified product data sheet'' states that the CPDS should include the content of hazardous air pollutants (HAPs). This information should not be required on a data sheet used to determine compliance with a VOC rule.
Response: The ''CPDS'' definition has been revised to only require information pertaining to the VOC content. Information pertaining to HAPs will be obtained from the CPDS submitted under section 112 of the Clean Air Act (42 U.S.C.A. § 7412) and 40 CFR Part 63, Subpart JJ. The ''CPDS--certified product data sheet'' definition applies solely to the wood furniture manufacturing requirements in §§ 129.101--129.107.
Comment: It was suggested that the Department clearly indicate that adhesives are not included in the definition of ''coatings.'' As currently written, this could be open to question.
Response: The ''coating'' definition has been revised to explicitly state that the term does not include adhesives and that the term ''coating'' applies only to the requirements for wood furniture manufacturing operations in §§ 129.101--129.107. Certain adhesives will continue to be regulated under § 129.52, Table I, for processes in Categories 1--10. However, adhesives are not regulated for VOC content under § 129.52, Table I, Category 11 and §§ 129.101--129.107.
Comment: The definition of the term ''coating solids or solids'' states that the ''Solids content is determined using data from the EPA Reference Method 24 or an alternative method.'' It is not clear if the EPA or the Department must approve the alternative method.
Response: The proposed definition of the term ''alternative method'' states that the EPA shall approve any method of sampling and analyzing for an air pollutant that is not a reference or equivalent method. To address the commentator's concern, the revised definition indicates that EPA approval is required to use an alternative method. The term ''coating solids or solids'' applies solely to §§ 129.101--129.107.
Comment: The presumptive RACT standard contains no definition for the term ''enamel.'' The proposed ''enamel'' definition was taken from the EPA's MACT standard. Retaining the definition of ''enamel'' from the MACT standard will only cause confusion in the field.
Response: The commentators are mistaken. The EPA's ''Model Rule for Wood Furniture Finishing and Cleaning Operations'' contains the same definition of ''enamel'' as is included in Pennsylvania's RBI #4 proposal. Therefore, the ''enamel'' definition in the proposed rule will be retained in the final rulemaking. See pages B-5 and 6, Section B.3 (relating to definitions and nomenclature) of the EPA's model rule.
Comment: The commentator suggested that the term ''enamel'' be included in the definition of ''topcoat'' for purposes of the presumptive RACT regulation.
Response: The suggested revisions are not consistent with the presumptive RACT requirements for state programs and will not be included in the final-form regulations. The EPA's model rule provides separate definitions for the terms ''enamel'' and ''topcoat.'' As proposed, the definitions for the terms ''enamel'' and ''topcoat'' are consistent with the EPA's CTG and model rule.
Comment: The definition of the term ''spent solvent'' in § 129.103(d)(3) is not clear and should be modified. The existing definition would almost always yield a result of zero.
Response: The proposed ''spent solvent'' provision is based on the EPA's model rule. Changes to spent solvent requirements in § 129.103(d)(3) clarify that the owner/operator of the facility shall document the quantity of each organic solvent evaporated to the atmosphere from cleaning and washoff activities.
Comment: The definition of ''stain'' conflicts with the definition of ''other coatings'' in § 121.1. ''Other coatings'' includes some of the same coatings as ''stain.'' This creates confusion.
Response: The term ''other coatings'' has been changed to ''cosmetic specialty coating'' in the final-form regu- lations. The ''stain'' definition now applies solely to the presumptive RACT requirements in §§ 129.101--129.107
3. One commentator indicated that this rulemaking deletes the requirement to adjust VOC content by using a standard solvent density of 7.36 pounds per gallon.
Comment: The deletion of the existing requirement to adjust the VOC content by using a standard solvent density of 7.36 pounds per gallon is a good idea since this concept never had good technical merit as to yield correct values or relationships for compliance.
Response: This rulemaking only deletes the expressed reference to the 7.36 pounds per gallon adjustment. This factor is reflected in the conversion of the VOC content limits in § 129.52, Table I from the gallons of coating less water basis to the solids basis. The conversion was made using the 7.36 lb VOC/gal VOC standard solvent density factor.
4. The EPA indicated that the proposal did not contain a specific reference to transfer efficiencies.
Comment: The regulations make reference in § 129.52(b)(1) to the limits being ''VOC content of each coating as applied is equal to or less than the standard specified in Table I.'' There is no reference to transfer efficiencies even though the provision infers that you must account for transfer efficiencies.
Response: The term ''as applied'' means ''[t]he VOC and solids content of a coating that is actually used to coat the substrate. The term includes the contribution of materials used for in-house dilution of the coating.'' Under the ''as applied'' definition, the owner or operator shall account for the VOC and solids content of the coating after mixing but prior to actual application for compliance purposes. Therefore, the transfer efficiency is not taken into account for ''as applied'' coatings.
5. The EPA pointed out that the proposal does not state whether compliance is to be determined on an instantaneous or 30-day rolling average basis for processes covered under equations in § 129.52(b)(1)(i) and (iii).
Comment: Since § 129.52(b)(1)(i) and (iii) do not apply to dip coating processes, it is not clear whether the 30-day rolling average applies or if compliance is to be determined on an instantaneous basis.
Response: Evaluation of a coating for compliance with § 129.52(b)(1)(i) and (iii) shall be determined on an instantaneous basis. The VOC content is determined either by review of coating records or by sampling the as applied coating and analyzing the sample by the EPA Reference Method 24 and other methods listed in the Department's Source Testing Manual. If the company's reported VOC content and the Department's laboratory analysis for a particular coating differ, the Department's laboratory analysis controls if it shows that the coating exceeds the allowable VOC emissions limit.
6. Several commentators and IRRC raised questions concerning the impact that the presumptive RACT requirements for wood furniture manufacturing facilities would have on the existing case-by-case RACT provisions in §§ 129.91--129.95. A few of the comments and responses pertaining to case-by-case RACT determinations are as follows:
Comment: Neither the Preamble nor the regulations address the issue of the existence of state-only case-by-case RACT permits. These permits are being issued prior to case-by-case RACT plans being approved by the EPA as SIP revisions. The Preamble should address how these State-only case-by-case RACT permits can be rescinded. Otherwise it appears that a manufacturer could be subject to both presumptive RACT and case-by-case RACT. This is clearly not the intent of the Department or the EPA.
Response: Wood furniture manufacturers that currently do not have case-by-case RACT determinations approved by the EPA as SIP revisions shall continue to comply with the case-by-case RACT terms and conditions specified in Federally enforceable permits. If the Board adopts the presumptive RACT requirements prior to a company receiving SIP-approval of its case-by-case RACT determination, the facility would then be subject to the State's presumptive RACT requirements. The SIP submittal would be withdrawn and the permit revised to reflect the newly adopted RACT requirements for wood furniture manufacturing operations. Following issuance of the revised permit, the case-by-case RACT requirements would no longer be applicable.
Comment: The proposed regulations are silent on how the Department's case-by-case RACT rules (§§ 129.91--129.95) will be affected by the adoption of presumptive RACT. Sections 129.91--129.95 should be amended to reflect the adoption of presumptive RACT, in place of case-by-case RACT, for those facilities subject to presumptive RACT.
Response: The final-form rulemaking adds language to § 129.91(a) to clarify that the existing RACT requirements do not apply to major VOC-emitting facilities for which requirements have been established in § 129.52 Table I, Category 11 and §§ 129.101--129.107. Consequently, the case-by-case RACT provisions would no longer apply to wood furniture manufacturing facilities subject to regulation under the presumptive RACT requirements in §§ 129.101--129.107 if their case-by-case determinations have not been SIP-approved.
Comment: Section 129.101 should be amended to reflect the adoption of presumptive RACT, in place of case-by-case RACT, for those facilities subject to presumptive RACT.
Response: The final-form rulemaking amends § 129.91 to address this concern. As proposed, in § 129.101(b) and (c) contain an exception for facilities that have RACT determinations approved by EPA as a SIP revision prior to June 10, 2000, for surface coating processes.
7. One commentator suggested that the amount of coatings exempted for determination of product quality and commercial acceptance is insufficient for large operations.
Comment: The proposed exemption from VOC content limitations for small quantities of coatings used for determination of product quality and commercial acceptance is excellent in principle. However, the proposed exemptions of 50 gallons for one coating and 200 gallons for all coatings combined at the facility per year are not realistic numbers for large surface coating operations.
Response: The small quantity exemption amounts of 50 gallons for one coating and 200 gallons for all coatings combined will be retained in the final-form rulemaking to ensure that there will be no adverse air quality impacts from these activities.
8. The Board specifically requested comments concerning the need for owners or operators of wood furniture manufacturing facilities with actual emissions or the potential to emit 25 tons per year or more of VOCs to comply with both the surface coating requirements in § 129.52 and the proposed presumptive RACT requirements in §§ 129.101--129.107.
Comment: Relative to the first question posed by the Department in Section J (relating to public comments) of the Preamble, wood furniture manufacturers subject to the proposed §§ 129.101--129.107 should have to comply only with the proposed presumptive RACT requirements. Manufacturers should no longer be subject to the requirements in § 129.52.
Response: The existing wood cabinet and furniture finishing provisions in § 129.52 were adopted by the Board on May 7, 1988, and will continue to apply to all affected wood furniture manufacturing operations. Generally, facilities which are currently regulated under § 129.52 have demonstrated compliance with the applicable VOC content limits and should therefore have no trouble continuing to comply with the applicable requirements of § 129.52. A facility that is subject to both §§ 129.52 and 129.101--129.107 need only demonstrate compliance with the more stringent emissions limitation or other applicable requirement as specified in § 129.101(e).
Comment: To require wood furniture and cabinet manufacturers to adhere to two different and often conflicting sets of surface coating regulations is inconsistent with Executive Order 1996-1 and the Department's Regulatory Basics Initiative. Additionally, requiring compliance with both the presumptive RACT requirements and § 129.52 places extra restrictions on manufacturing processes (above the Federal CTG requirements), is difficult to understand, largely redundant and requires excessive recordkeeping and reporting.
Response: The surface coating processes proposed rulemaking is consistent with the principles of Executive Order 1996-1 which provides, in relevant part, that ''if Federal regulations exist, regulations of the Commonwealth may not exceed Federal standards unless justified by a compelling and articulable Pennsylvania interest or required by State law.'' The existing provisions in § 129.52 were adopted to ''help reduce emissions of VOC which is necessary to meet the ambient air quality standards . . .'' See 18 Pa.B. 2098 (May 7, 1988). The entire Commonwealth is included in the Ozone Transport Region established under section 184 of the Clean Air Act. See 42 U.S.C.A. § 7511c. Therefore, retention of § 129.52 is justified by a compelling Pennsylvania interest, achieving and maintaining the NAAQS for ozone.
In addition, retention of the wood cabinet and furniture finishing requirements of § 129.52 is not contrary to applicable requirements of the act. Section 4.2(f) of the act (35 P. S. § 4004.2(f)) provides that the Board may retain existing requirements in § 129.52 if the regulations were adopted prior to July 9, 1992. The existing wood cabinet and furniture finishing requirements in § 129.52 were adopted by the Board on May 7, 1988. These provisions are currently being met by most facilities. Whenever a surface coating process is subject to the presumptive RACT requirements and the requirements of § 129.52, the facility shall demonstrate compliance with the more stringent requirement.
If the requirements in § 129.52 were deleted for larger wood furniture manufacturing operations, facilities with actual VOC emissions greater than 2.7 tons per year, but potential emissions of VOCs less than 25 tons per year, would no longer be regulated. Consequently, those facilities could then legally use noncomplying materials and application equipment, increase VOC emissions and counteract the Department's efforts to comply with the Federal National Ambient Air Quality Standard (NAAQS) for ozone.
Comment: Every major component of § 129.52 is also included in §§ 129.101--129.107. They both have material VOC content limits, application equipment requirements and recordkeeping and reporting obligations. It is our position that at the time a facility reaches the potential to emit of VOCs of 25 tons per year or more, only the more stringent presumptive RACT requirements of §§ 129.101--129.107 should apply.
Response: The proposed language in § 129.101(e) stated that ''when subject to § 129.52 and this section and §§ 129.102--129.107, the more stringent limitation applies to the wood furniture manufacturing operation.'' In the final rulemaking, subsection (e) has been revised to indicate that facilities subject to § 129.52 and 129.101--129.107 need only demonstrate compliance with the most stringent requirement. Under section 184 of the Clean Air Act (42 U.S.C.A. § 7511(c)), this Commonwealth is included in the Ozone Transport Region established by operation of law. Therefore, retention of the existing requirements in § 129.52 is justified by a compelling Pennsylvania interest, achieving and maintaining the NAAQS for ozone.
In some circumstances, § 129.52 requirements will apply instead of the newly adopted presumptive RACT requirements. Whenever a facility's actual emissions exceed 2.7 tons per year and its potential VOC emissions reach 25 tons per year or more, the facility owner/operator need only demonstrate compliance with the more stringent provision. Title V permits issued to major wood furniture manufacturing operations would contain streamlined permit conditions. The most stringent applicable requirement would be included in the permit. In these instances, the streamlined permit condition would assure compliance with the less stringent provision. Consequently, the permit would not contain duplicative permit conditions.
Comment: The commentator suggested that the term ''vinyl'' be deleted from the coating systems listed in § 129.102(1), Table IV, Category 3. Acid cured sealers and topcoats are primarily based on what is known as alkyd amino technology. Resins such as vinyl or nitrocellulose are sometimes added to the alkyd amino base to help dry the surface of these otherwise slow systems. Specifying the term ''vinyl'' severely limits the resin choices for modifying the alkyd amino base. The solvents needed to dissolve the vinyl in the coating system may be more active, higher VOC or HAPs containing solvents. Modifying resins other than vinyls can and are used to produce acid-cured alkyd amino systems at equal or lower pounds of VOC per pound of coating solids than are produced with vinyls.
Response: The Department concurs with this recommendation and has deleted the term ''vinyl'' from the acid-cured alkyd amino systems category specified in § 129.102(1), Table IV, Category 3.
Comment: In the discussion relating to § 129.103(d), it would be helpful to explain that the sensitive data generated by the cleaning and washoff solvent accounting system is not required to be submitted to the Department in any type of report. There is concern in the regulated community that this data could be made publicly available.
Response: The Department has revised the ''cleaning and washoff solvent accounting system'' requirements in the final-form rulemaking. Section 13.2 of the act (35 P. S. § 4013.2) authorizes the Department to treat certain information obtained by the Department as confidential information if a person shows cause as to why the records, report, data or information should be considered confidential by the Department. Under no circumstances, however, is emissions data kept confidential. Although data obtained from records for the cleaning and washoff solvent accounting system would not routinely be submitted to the Department, this data could be obtained during inspections or for enforcement purposes. If the ''sensitive data'' obtained by the Department is emissions data, it cannot be considered confidential information.
9. The Board specifically requested comments on whether the reporting requirements in 40 CFR 63.7--63.10 should be adopted. These general reporting provisions specify time frames for reporting performance test results, monitoring parameter values and excess performance test results. Under the EPA's model rule for wood furniture manufacturing operations, the general MACT reporting requirements are an optional State presumptive RACT program component.
Comment: Relative to question two posed in paragraph J of the Preamble of the proposed rulemaking, the commentator endorsed the adoption of the MACT reporting requirements that were developed during the EPA Regulatory Negotiation.
Response: The adoption of the MACT reporting requirements for major wood furniture manufacturing operations reporting VOC emissions under the presumptive RACT rule would be duplicative if the facility is already subject to the MACT reporting requirements. When issuing Title V permits, applicable reporting requirements will be streamlined and the most stringent requirement included as a permit condition. For example, if the MACT reporting requirements are more stringent than other applicable reporting provisions, the permit will contain the MACT reporting requirements and explicitly state that the streamlined permit condition assures compliance with other applicable reporting requirements.
G. Benefits and Costs
Executive Order 1996-1 requires a cost/benefit analysis of the final-form regulations.
Benefits
Compliance with these amendments will reduce VOC emissions to the atmosphere. Implementation of the work practice standards will reduce VOC emissions from cleaning operations. The restrictions on the use of conventional air spray guns will result in less overspraying and will, therefore, reduce the amount of solid waste and VOC emissions generated from overspraying. Emission reductions resulting from these regulations are also expected to reduce worker exposure to VOC emissions and other pollutants.
Compliance Costs
These amendments will affect approximately 450 surface coating facilities, including 80 wood furniture manufacturing facilities that are currently subject to recordkeeping and reporting requirements. Approximately 20 of the major wood furniture manufacturing operations that could be subject to these regulations have submitted case-by-case RACT determinations to the EPA for approval as SIP revisions.
The amendments to § 129.52 will result in estimated savings of $5.625 million for approximately 450 affected facilities. These cost savings are based on a reduction of .25 full time equivalent per facility per year in recordkeeping and reporting efforts, at an average salary of $50,000, for a total of $5.625 million for the current fiscal year.
Compliance Assistance Plan
Compliance assistance will be provided to affected facilities that are engaged in surface coating processes or the manufacture of wood furniture or wood furniture components. The Department will utilize the Pennsylvania Small Business Assistance Program and its ongoing regional compliance assistance program to assist small businesses in understanding and complying with Chapter 129.
Pollution Prevention
The work practice standards adopted for the wood furniture manufacturing industry will reduce VOC emissions from affected sources. The restrictions on the use of conventional air spray guns imposed by these final-form regulations will also reduce the amount of VOCs emitted and the amount of solid waste generated from wood finishing operations. In addition, the implementation of operator training programs will reduce emissions and prevent pollution from wood finishing, clean-up and washoff operations.
Paperwork Requirements
These amendments contain recordkeeping and reporting provisions needed to demonstrate compliance with the requirements for surface coating processes and wood furniture manufacturing requirements. The owner or operator of an affected facility that complies with the wood furniture manufacturing provisions in §§ 129.101--129.107 shall prepare and maintain a work practice implementation plan including work practices for operator training, leak inspection and maintenance planning, and cleaning and washoff solvent accounting. The owners or operators of affected facilities shall also prepare and maintain records of work practice plan activities, use of compliant coatings or an alternative methodology. The owners or operators shall also validate and verify information used to demonstrate compliance and prepare and maintain compliance certification records.
Any wood furniture manufacturing facility complying with the case-by-case RACT determinations or the National Emission Standards for Hazardous Air Pollutants (NESHAP) will have the same work practice standards and application equipment requirements. The Board expects that the majority of the remaining 60 wood furniture manufacturing facilities will be subject to the NESHAP for wood furniture manufacturing operations in 40 CFR Part 63, Subpart JJ. These facilities will already have developed and implemented the paperwork requirements associated with the work practice standards such as operator training, inspection and maintenance planning, cleaning and washoff solvent accounting prior to June 10, 2000.
H. Sunset Review
These final-form regulations will be reviewed in accordance with the sunset review schedule published by the Board to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 17, 1999, the Board submitted a copy of the proposed rulemaking, published at 29 Pa.B. 1299, to IRRC and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees for review and comment.
In compliance with section 5(c) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of the comments as well as other documentation. In preparing the final-form regulations, the Board has considered the comments received from IRRC and the public. The Committees did not provide comments on the proposed rulemaking.
Under section 5.1(d) of Regulatory Review Act (71 P. S. § 745.5a(d)), these final-form regulations were deemed approved by the House and Senate Committees on April 17, 2000. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 27, 2000, and approved the final-form regulations.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period and public hearings were provided as required by law and all comments were considered.
(3) These final-form regulations do not enlarge the purpose of the proposal published at 29 Pa.B. 1299.
(4) These final-form regulations are necessary and appropriate for administration and enforcement of the authorizing act identified in Section C of this Preamble.
(5) These final-form regulations are necessary to satisfy related Clean Air Act requirements as they specifically relate to this Commonwealth and are reasonably necessary to achieve and maintain the NAAQS.
K. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapters 121, 129 and 139, are amended by amending §§ 121.1, 129. 52, 129.91, 139.4 and 139.14 and by adding §§ 129.101--129.107 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
JAMES M. SEIF,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 30 Pa.B. 2430 (May 13, 2000).)
Fiscal Note: 7-339. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 121. GENERAL PROVISIONS § 121.1. Definitions.
The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:
* * * * * Adhesive--A chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means. The term does not include coatings or finishing materials.
* * * * * Alternative method--A method of sampling and analyzing for an air pollutant that is not a reference or equivalent method but has been demonstrated to the satisfaction of the Administrator of the EPA to, in specific cases, produce results adequate for a determination of compliance.
* * * * * As applied--The VOC and solids content of a coating that is actually used to coat the substrate. The term includes the contribution of materials used for in-house dilution of the coating.
As supplied--The VOC and solids content of a coating as sold and delivered to the end user.
* * * * * Basecoat--A coat of colored material, usually opaque, that is ordinarily applied before graining inks, glazing coats or other opaque coatings and is usually covered with an application of topcoat for protection.
* * * * * CPDS--Certified Product Data Sheet--For purposes of wood furniture manufacturing operations under §§ 129.101--129.107 (relating to wood furniture manufacturing operations), documentation furnished by a coating supplier or an outside laboratory for a coating, strippable spray booth coating or solvent that provides the VOC content as pounds of VOC per pound of coating solids calculated from data measured using the EPA Reference Method 24 or an equivalent or alternative method. Batch formulation data may be used if it is demonstrated to the satisfaction of the Administrator of the EPA that the coating does not release additional VOC as reaction byproducts during the cure. The VOC content stated should represent the maximum VOC emission potential of the coating, strippable spray booth coating or solvent.
* * * * * Clear coat--A coating which lacks opacity or which is transparent and uses the undercoat as a reflectant base or undertone color, except for extreme performance coatings.
Closed charging--The introduction of coal into a coke oven without exposing or opening the receiving coke oven to the atmosphere during charging.
* * * * * Coating--For purposes of wood furniture manufacturing operations under §§ 129.101--129.107, a protective, decorative or functional material applied in a thin layer to a surface.
(i) The term includes paints, topcoats, clear coats, varnishes, sealers, stains, washcoats, basecoats, inks and temporary protective coatings.
(ii) The term does not include adhesives.
Coating solids or solids--For purposes of wood furniture manufacturing under §§ 129.101--129.107, the part of the coating which remains after the coating is dried or cured. Solids content is determined using data from the EPA Reference Method 24 or an alternative method approved by the Administrator of the EPA.
* * * * * Compliant coating--A coating that meets the applicable emission limits specified in Chapter 129 (relating to standards for sources).
* * * * * Continuous coater--A surface coating process that continuously applies coatings onto parts moving along a conveyor. Coatings that are not transferred to the part are recycled to a reservoir. Several types of application methods can be used with a continuous coater including spraying, curtain coating, roller coating, dip coating and flow coating.
* * * * * Conventional air spray--A spray coating application method in which the coating is atomized by mixing it with compressed air and applied at an air pressure greater than 10 pounds per square inch (gauge) at the point of atomization. The term does not include:
(i) Airless and air assisted airless spray technologies.
(ii) Electrostatic spray technology.
* * * * * Cosmetic specialty coatings--Materials including padding stains, shading stains, sap stains, spatter stains, fillers, waxes and inks applied to enhance wood finishes.
* * * * * Dip coating--The application of a coating by immersing an object into the coating.
* * * * * Enamel--A coat of colored material, usually opaque, that is applied as a protective topcoat over a basecoat, primer or previously applied enamel coat. Another coating may be applied as a topcoat over the enamel.
* * * * * Equivalent method--A method of sampling and analyzing for an air pollutant that has been demonstrated to the satisfaction of the Administrator of the EPA to have a consistent and quantitatively known relationship to the reference method under specific conditions.
* * * * * Final repair coat--Liquids applied to correct imperfections or damage to the topcoat.
* * * * * MSDS--Material Safety Data Sheet--The documentation required for hazardous chemicals by the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard--29 CFR Part 1910 (relating to occupational safety and health standards)--for a solvent, cleaning material, coating or other material that identifies select reportable hazardous ingredients of the material, safety and health considerations and handling procedures.
* * * * * Miscellaneous metal parts and products--Items made of ferrous or nonferrous metals, including large farm machinery, small farm machinery, small appliances, commercial and industrial machinery, fabricated metal products and items listed under the Standard Industrial Classification Codes 3300--3999. The term does not include cans, coils, automobiles, light-duty trucks, metal furniture, magnet wire, large appliances, aerospace vehicles or components and automobile refinishing and customized top coating of automobiles and trucks, if production since January 1, 1987, has not exceeded 34 vehicles per day.
* * * * * Nonpermanent final finish--A material such as a wax, polish, nonoxidizing oil or similar substance that must be periodically reapplied to a substrate over its lifetime to maintain or restore the material's effect.
* * * * * Normally closed container--A container that is closed unless an operator is actively engaged in activities such as emptying or filling the container.
* * * * * Opacity--The degree to which emissions reduce the transmission of light and obscure the view of an object in the background.
Open burning--A fire, the air contaminants from which are emitted directly into the outdoor atmosphere and not directed thereto through a flue.
* * * * * Open top vapor degreaser--A batch-loaded device used to clean metal parts through the condensation or organic solvent on colder metal parts.
Operating parameter value--A minimum or maximum value established for a control equipment process parameter that, if achieved by itself or in combination with one or more other operating parameter values, determines whether an owner or operator has complied with an applicable emission limitation.
Optical antireflection coating--A coating, applied to aerospace vehicles or components, with a low reflectance in the infrared and visible wavelength ranges that is used for antireflection on or near optical and laser hardware.
Organic liquid cargo vessel--A tanker, freighter, barge, vessel, ship or boat used for the bulk transport of organic liquid cargo.
Outer zone of the southeast Pennsylvania air basin--The political subdivisions in the southeast Pennsylvania air basin which are not in the inner zone of the southeast Pennsylvania air basin.
* * * * * Pollution prevention--Source reduction and other practices that reduce or eliminate the creation of pollutants through changes within the production process, including process modifications, feedstock substitutions, improvements in feedstock purity, shipping and packing modifications, housekeeping and management practices, increases in the efficiency of machinery and recycling within a process. The term does not include out-of-process recycling, treatment and safe disposal.
* * * * * Process--A method, reaction or operation in which materials are handled or whereby materials undergo physical change--that is, the size, shape, appearance, temperature, state or other physical property of the material is altered--or chemical change--that is, a substance with different chemical composition or properties is formed or created. The term includes all of the equipment, operations and facilities necessary for the completion of the transformation of the materials to produce a physical or chemical change. There may be several processes in series or parallel necessary to the manufacture of a product.
* * * * * Sealer--A coating used to seal the pores of a wood substrate before additional coatings are applied.
* * * * * Semiaqueous cleaning solvent--A solution in which water is a primary ingredient (>60% by weight of the solvent solution as applied is water).
Serious ozone nonattainment area--A region with an ozone design value greater than or equal to 0.160 but less than 0.180 ppm as designated by the Administrator of the EPA. A designation is based on data from the 3-year period of 1987--1989 and may not be changed until the region demonstrates attainment of the NAAQS except in accordance with section 181 of the Clean Air Act.
* * * * * Stain--For purposes of wood furniture manufacturing operations under §§ 129.101--129.107, a color coat having a solids content by weight of no more than 8.0% that is applied in single or multiple coats directly to the substrate. The term includes nongrain raising stains, equalizer stains, sap stains, body stains, no-wipe stains, penetrating stains and toners.
* * * * * Strippable spray booth coating--A coating that meets the following requirements:
(i) Is applied to a spray booth wall to provide a protective film to receive overspray during a surface coating process including wood furniture manufacturing operations.
(ii) Is subsequently peeled off and disposed.
(iii) Reduces or eliminates the need to use solvents to clean spray booth walls by meeting the conditions of subparagraphs (i) and (ii).
* * * * * Substrate--The surface onto which a coating is applied or into which a coating is impregnated.
* * * * * Surface coating process--The application and solidification of a coating onto or into a substrate as the substrate proceeds through the equipment and activities of the manufacturing process.
* * * * * Thinner--A volatile liquid that is used to dilute coatings (to reduce viscosity, color strength or solids content or to modify drying conditions). The term includes diluent, makeup solvent or reducer.
* * * * * Topcoat--The last film-building coating that is applied, in one or more layers, to wood furniture or a wood furniture component substrate in a surface coating process. The term does not include nonpermanent final finishes.
* * * * * Touch-up and repair--The application of coatings to cover minor finishing imperfections.
* * * * * VOC--volatile organic compound--An organic compound which participates in atmospheric photochemical reactions; that is, an organic compound other than those which the Administrator of the EPA designates in 40 CFR 51.100 (relating to definitions) as having negligible photochemical reactivity.
* * * * * Washcoat--Clear liquids having a solids content by weight of 12% or less, applied over stains and toners to protect the color coats and to set the fibers for subsequent sanding or to separate spray stains from wiping stains to enhance color depth.
* * * * * Washoff operations--Operations in which solvent is used to remove coating from a substrate.
* * * * * Waterborne coating--A coating that contains more than 5% water by weight in its volatile fraction.
* * * * * Wood furniture--A product made of wood, a wood product such as rattan or wicker or an engineered wood product such as particleboard that is manufactured under the following Standard Industrial Classification Codes: 2434 (Wood kitchen cabinets), 2511 (Wood household furniture, except upholstered), 2512 (Wood household furniture, upholstered), 2517 (Wood television, radio, phonograph, and sewing machine cabinets), 2519 (Household furniture, not elsewhere classified), 2521 (Wood office furniture), 2531 (Public building and related furniture), 2541 (Wood office and store fixtures, partitions, shelving, and lockers), 2599 (Furniture and fixtures, not elsewhere classified) or 5712 (Furniture stores).
Wood furniture component--A part that is used in the manufacture of wood furniture. The term includes drawer sides, cabinet doors, seat cushions and laminated tops.
Wood furniture manufacturing operations--The coating, cleaning and washoff operations associated with the production of wood furniture or wood furniture components.
* * * * *
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
