RULES AND REGULATIONS
Title 25--ENVIRONMENTAL PROTECTION
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CHS. 121, 129 AND 139]
Surface Coating Processes (RBI #4)
[30 Pa.B. 2995] The Environmental Quality Board (Board), by this order amends Chapters 121, 129 and 139 (relating to general provisions; standards for sources; and sampling and testing) to read as set forth in Annex A.
These amendments provide procedures for determining compliance with the volatile organic compound (VOC) emission limits for surface coating processes in § 129.52 (relating to surface coating processes). These amendments include an averaging approach for evaluating VOC emissions; an exemption for small quantities of coatings; and revision of the existing Table I to express VOC content in volume-solids-based and weight-solids-based emission limits. The amendments also establish presumptive reasonably available control technology (RACT) requirements for wood furniture manufacturing operations in §§ 129.101--129.107. The presumptive RACT requirements, based on the Environmental Protection Agency's (EPA) Control Techniques Guidelines (CTG), apply Statewide to VOC-emitting wood furniture manufacturing facilities with actual or potential emissions of 25 tons per year or more of VOCs. These amendments will be submitted to the EPA as a revision to the State Implementation Plan (SIP).
This final-form rulemaking was adopted by the Board at its meetings of December 21, 1999, and March 21, 2000.
A. Effective Date
These amendments will be effective immediately upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Air Resources Management, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-4310; or Joyce E. Epps, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, Rachel Carson State Office Building, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.
Persons with a disability may use the AT&T Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This final-form rulemaking is available through the Department of Environmental Protection (Department) Web site (http://www.dep.state.pa.us).
C. Statutory Authority
This final-form rulemaking is being made under the authority of section 5(a)(1) of the Air Pollution Control Act (act) (35 P. S. § 4005(a)(1)), which grants to the Board the authority to adopt rules and regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth.
D. Background and Purpose
These amendments include regulatory changes which implement the Bureau of Air Quality's Regulatory Basics Initiative (RBI) mandated under the ''Directive on Review of Existing Regulations and Technical Guidance'' issued by Secretary Seif on August 4, 1995, and Executive Order 1996-1 (Regulatory Review and Promulgation). The changes for the surface coating provisions in § 129.52 are the fourth in a series of amendments to the air resources regulations under the RBI. The revisions to § 129.52 delete existing regulatory language to adjust coatings to a standard solvent density of 7.36 pounds per gallon and to a solids basis. The amendments also require the owners and operators of affected facilities to calculate and express the VOC content of the as applied coatings in volume-solids-based and weight-solids-based units and add criteria to allow for emission averaging of VOCs in certain surface coating processes on a 30-day rolling average basis. An exemption for small quantities of coatings used for touch-up and repair is also included in this final-form rulemaking.
These amendments also establish presumptive RACT requirements for certain wood furniture manufacturing operations. Section 183(a) of the Clean Air Act (42 U.S.C.A. § 7511b(a)) requires the EPA to issue CTGs for 11 categories of stationary sources of VOCs. On May 20, 1996, the EPA published a CTG document for control of VOCs from wood furniture manufacturing operations including wood furniture finishing, cleaning and washoff operations (61 FR 25223 (May 20, 1996)). The wood furniture manufacturing operations CTG establishes a ''presumptive norm'' RACT for the control of affected stationary sources. The standards apply to wood furniture manufacturing facilities located in marginal, moderate, serious and severe ozone nonattainment areas or ozone transport regions that emit or have the potential to emit 25 tons per year or more of VOCs. The CTG and a model rule for wood furniture manufacturing operations were developed by the EPA after reaching consensus among representatives from the environmental community, the wood furniture industry and state permitting agencies.
On September 27, 1996, the EPA published an addendum to the CTG which specified dates for the adoption and implementation of the standards. The notice required states that had not adopted an EPA-approvable RACT rule for wood manufacturing facilities to submit a RACT rule to the EPA on or before May 20, 1997, as a revision to the SIP. State rules should have required affected sources to install and operate control devices or implement procedures to demonstrate compliance no later than May 20, 1998 (61 FR 50823 (September 27, 1996)).
The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) during the development of this final-form rulemaking. On August 23, 1999, the AQTAC recommended that the final-form rulemaking be submitted to the Board for consideration. The Department also discussed the final-form regulations with the Small Business Compliance Advisory Committee. Following promulgation of the amendments to Chapters 121, 129 and 139, the provisions will be submitted to the EPA as a SIP revision.
E. Summary of Regulatory Requirements and Changes from Proposed to Final
These amendments implement the fourth series of changes under the Department's RBI for air resources regulations and establish criteria to implement the presumptive RACT requirements for wood furniture manufacturing operations. The presumptive RACT requirements establish limitations on VOC emissions and the implementation of work practice standards. A summary of the final rulemaking follows:
Chapter 121. General Provisions § 121.1. Definitions.
The amendments to § 121.1 (relating to definitions) add the following definitions: ''alternative method,'' ''as applied,'' ''as supplied,'' ''basecoat,'' ''CPDS--certified product data sheet,'' ''coating,'' ''coating solids or solids,'' ''compliant coating,'' ''continuous coater,'' ''conventional air spray,'' ''cosmetic specialty coatings,'' ''enamel,'' ''equivalent method,'' ''MSDS--material safety data sheet,'' ''nonpermanent final finish,'' ''normally closed container,'' ''pollution prevention,'' ''sealer,'' ''stain,'' ''strippable spray booth coating,'' ''thinner,'' ''touch-up and repair,'' ''washoff operations,'' ''waterborne coating,'' ''wood furniture,'' ''wood furniture component'' and ''wood furniture manufacturing operations.''
The final rulemaking deletes the following terms in § 121.1: ''clear sealers,'' ''opaque ground coats and enamels,'' ''other coatings,'' ''semitransparent spray stains'' and ''semitransparent wiping and glazing stains.'' The terms were deleted to eliminate inconsistencies between definitions for existing surface coating requirements in § 129.52 and the newly adopted presumptive RACT requirements for wood furniture manufacturing operations in §§ 129.101--129.107. The proposed definition for the term ''operating parameter value'' has been included in this final rulemaking even though it was recently codified in § 121.1 as part of the final-form regulations for aerospace manufacturing and rework facilities. See 29 Pa.B. 1879 (April 10, 1999).
In addition, the second paragraph in the ''CPDS--certified product data sheet'' definition has been deleted because it is not consistent with the EPA's CTG and model rule. Information pertaining to the emission of hazardous air pollutants can be obtained under the National Emission Standards for Hazardous Air Pollutants (NESHAP) for wood furniture manufacturing operations in 40 CFR Part 63, Subpart JJ (relating to National emission standards for wood furniture manufacturing operations). The ''CPDS--certified product data sheet'' definition applies solely to the wood furniture manufacturing requirements in §§ 129.101--129.107.
These amendments also include revisions to the following existing definitions:
''Miscellaneous metal parts and products''--The amendments delete the phrase ''but not limited to'' and expand the Standard Industrial Classification Codes from 3300 through 3900 to 3999.
''Process''--The revisions to the term ''process'' correct a grammatical error and include ''operations'' necessary for the completion and transformation of the materials to produce a physical or chemical change.
''Surface coating process''--The changes to the definition specify that the surface coating process is 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.
''Topcoat''--The amendments delete the existing definition of ''topcoat'' and define the term ''topcoat'' as the last film-building coating 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.
''VOC--volatile organic compound''--The revision to the ''VOC'' definition adds 40 CFR 51.100 (relating to definitions), the Federal citation for VOCs determined by the Administrator of the EPA to have negligible photochemical reactivity.
''Washcoat''--The revisions delete ''low solids'' and include a solids content by weight of 12.0% or less in accordance with the ''washcoat'' definition in the CTG and model rule for wood furniture manufacturing operations.
In response to the suggestions of several commentators, clarifying changes were made to the following definitions:
''Coating''--Revisions to the ''coating'' definition specify that the term applies only to the requirements for wood furniture manufacturing operations in §§ 129.101--129.107. The term does not include adhesives.
''Coating solids or solids''--Changes to the ''coating solids or solids'' definition clarify that the definition only applies to the requirements in §§ 129.101--129.107. In addition, the term explicitly provides that when the EPA's Reference Method 24 is not used to determine solids content, the use of alternative methodology must be approved by the Administrator of the EPA.
''Continuous coater''--Amendments to the ''continuous coater'' definition delete the word ''roll'' and add ''roller'' for consistency with the ''roller'' coating definition in § 121.1.
''Dip coating''--The existing definition for ''dip coating'' has been revised to clarify that components or objects are immersed into the coating. Once dipped, the coating may be recycled to a reservoir.
''Enamel''--The ''enamel'' definition has been revised to clarify that a coating may be applied as a topcoat over the enamel.
''Stains''--Revisions to the ''stain'' definition clarify that term is defined for purposes of the wood furniture manufacturing operations provisions in §§ 129.101--129.107.
''Topcoat''--The ''topcoat'' definition has been revised to clarify that a topcoat can be applied in several layers.
The following definitions were added to provide clarity to the final-form regulations:
''Adhesive''--A chemical substance that is applied for the purpose of bonding two surfaces together other than by chemical means. The term does not include coatings or finishing materials. This definition has been added because the revised coating definition explicitly states that the term ''coating'' does not include ''adhesives.''
''Cosmetic specialty coatings''--Materials, including padding stains, shading stains, sap stains, spatter stains, fillers, waxes and inks applied to enhance wood finishes. The definition replaces the ambiguous term ''other coatings'' used in the existing surface coating provisions in § 129.52. Several commentators indicated that the term ''other coatings'' is confusing and not consistent with certain definitions in the presumptive RACT requirements.
Chapter 129. Sources of VOCs § 129.52. Surface coating processes.
This final-form rulemaking includes the following amendments to this section:
§ 129.52(b)(1)--The amendments delete the existing regulatory language requiring adjustment to a standard solvent density and a solids basis. This adjustment is incorporated into revisions to Table I (relating to allowable content of VOCs in surface coatings by process).
§ 129.52(b)(1)(i)--The final changes add an equation for calculating the VOC content of the as applied coating on the basis of weight of VOC per volume of coating solids to be used in evaluating compliance for Table I, Categories 1--10. This clarification is in response to the RBI report on Regulations Which Lack Clarity. The existing equation in § 129.52(b)(2) is not expressed in a format to allow for easy calculation of compliance.
§ 129.52(b)(1)(ii)--This amendment adds an equation for calculating the VOC content of dip coatings on a 30-day rolling average basis. The methodology for calculating the VOC content includes the gallons of thinner added to the coating in the process over any consecutive 30-day period to replace evaporated solvent.
§ 129.52(b)(1)(iii)--This amendment adds a simple equation for calculating the VOC content on the basis of weight of VOC per weight of coating solids. This methodology is used to evaluate compliance with Table I, Category 11 and with Table IV in §§ 129.101--129.107.
§ 129.52(b)(1)(iv)--The equation proposed for dip-coating operations has been deleted because it would have established more stringent requirements than the CTG for wood furniture manufacturing operations. Subparagraph (v) was renumbered.
§ 129.52(b)(2)--The existing equation for calculating the percentage of emission reductions needed for compliance purposes when using control equipment is deleted. A new equation is added for calculating the overall efficiency of the control system based on the new units of measurement in Table I (weight of VOC per volume of solids and weight of VOC per weight of solids).
§ 129.52(c)--This amendment deletes the existing list of required records and adds recordkeeping requirements that are appropriate to the required analytical methods used to evaluate compliance as specified in the Source Testing Manual. This change also emphasizes the need for facilities to keep records of volume solids content for coatings used in Table I, Categories 1--10.
§ 129.52(e)--Revisions to this subsection clarify that records pertaining to the volume percent of solids are required only for surface coating processes listed in Table I, Categories 1--10.
§ 129.52(f)--Amendments to this subsection add terms that are consistent with the ''roller coating'' and ''cosmetic specialty coatings'' definitions specified in § 121.1.
§ 129.52(g)--This amendment moves the existing requirement for maintaining records for 2 years from the existing § 129.52(c) to this subsection to emphasize and add clarity to the amendments.
§ 129.52(h)--This amendment adds an exemption from VOC emission limitations for small quantities of coatings used for determination of product quality and commercial acceptance, touch-up and repair and other small quantity coatings. Subsection (h) requires the facility owner or operator to submit a written request to the Department to exempt quantities of coating which do not exceed 50 gallons a year for a single coating and a total of 200 gallons each year for all coatings combined for the facility. The Department's written approval must be obtained prior to use of the exempted coatings.
Wood Furniture Manufacturing Operations § 129.101. General provisions and applicability.
The requirements in § 129.101 (relating to general provisions and applicability) state that §§ 129.101--129.107 apply to each wood furniture manufacturing facility located in a county included in the northeast ozone transport region or in a county classified as severe, serious, moderate or marginal nonattainment for ozone and which emits or has the potential to emit 25 tons or more per year of VOCs from wood furniture manufacturing operations. The most stringent VOC emission limitation will apply to a wood furniture manufacturing operation that meets the applicability threshold limits for both § 129.52 and §§ 129.101--129.107.
Subsection (b) requires the owners or operators of wood furniture manufacturing operations to comply with the requirements of §§ 129.101--129.107 by June 11, 2000, if the actual emissions or potential to emit (PTE) for VOCs are 25 tons per year or greater. The compliance deadline for the presumptive RACT requirements does not apply to wood furniture manufacturing operations that have obtained EPA-approved SIP revisions for case-by-case RACT prior to June 10, 2000. Major VOC-emitting wood furniture manufacturing operations will no longer be subject to the RACT requirements in §§ 129.91--129.95 (relating to stationary sources of NOx and VOCs) because the EPA has now issued a CTG for the control of VOC emissions from wood furniture manufacturing operations (61 FR 25223 (May 20, 1996)). Therefore, the Department will withdraw any case-by-case RACT determination that has not been EPA-approved as a SIP revision by June 10, 2000.
Subsection (c) provides a compliance deadline for the owner or operator of an existing wood furniture manufacturing facility which increases its actual emissions or PTE to 25 tons per year or more of VOCs from wood furniture manufacturing operations after the effective date of these amendments. Within 1 year after increasing actual VOC emissions or the PTE to 25 tons per year or more, the owner or operator of the affected facility shall comply with §§ 129.101--129.107. The newly adopted presumptive RACT requirements for wood manufacturing operations do not apply to facilities with EPA-approved SIP revisions for case-by-case RACT prior to June 10, 2000.
Subsection (d) establishes a compliance date for existing facilities that install new sources. New sources installed at an existing facility shall meet the VOC emission standards upon installation of the sources.
Subsection (e) describes the interface between the existing surface coating requirements in § 129.52 and the newly adopted presumptive RACT requirements. If actual or potential VOC emissions would subject the facility to both § 129.52 and §§ 129.101--129.107, the owner or operator would only have to demonstrate compliance with the most stringent emissions limitation.
The general provisions also exempt from the VOC emission limits in § 129.102, Table IV, a small quantity of coatings used exclusively for determination of product quality and commercial acceptance, touch-up and repair and other small quantity coatings if the Department provides prior written approval for the use of the coatings. Subsection (f) requires the owner or operator to submit a written request to the Department for exempt quantities of coating which do not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility. The Department's written approval must be obtained prior to use of the coatings.
§ 129.102. Emission standards.
This section lists in Table IV (relating to emission limits of VOC for wood furniture manufacturing sealers, topcoats and strippable spray booth coatings, as applied) the emission limits of VOCs for wood furniture manufacturing sealers and topcoats that are actually used for coating the substrate and strippable spray booth coatings. The owner or operator of a facility may demonstrate compliance with the VOC emission standards by applying either waterborne topcoats or a combination of sealers, topcoats and strippable spray booth coatings with a VOC content equal to or less than the standards specified in Table IV. Facility owners or operators may demonstrate compliance with the VOC emission standards by using an emissions averaging approach which meets the requirements of § 129.107 (relating to emissions averaging) or by using a control system that will achieve a reduction in emissions equivalent to 0.8 lb VOC/lb solids for topcoats or 1.8 lb VOC/lb solids for topcoats and 1.9 lb VOC/lb solids for sealers. An allowable emissions limit equal to 2.3 lb VOC/lb solids, as applied, is provided for the use of acid-cured alkyd amino sealers. When using acid-cured alkyd amino conversion varnish topcoats, the VOC emissions limit is 2.0 lb VOC/lb solids, as applied. The emission limits for sealers and topcoats are equivalent to coatings with solids contents of approximately 32 to 35% by weight respectively.
§ 129.103. Work practice standards.
This section establishes work practice standards to reduce VOC emissions from wood furniture manufacturing operations. The work practice standards include the development of a work practice implementation plan and operator training program, leak inspection and maintenance plan, and a cleaning and washoff solvent accounting system. Subsection (a) requires the owner or operator of a facility subject to the requirements in §§ 129.101--129.107 to develop and maintain a work practice implementation plan no later than 60 days after the compliance date. The work practice implementation plan shall include an operator training program, leak inspection and maintenance plan, a cleaning and washoff solvent accounting system, spray booth cleaning requirements, storage requirements and application equipment requirements. The owner or operator of the facility shall comply with each provision of the work practice implementation plan. If the Department determines that the work practice implementation plan does not adequately address the criteria in § 129.103(b)--(j), the owner or operator shall revise the plan.
Subsection (b) describes the elements of the operator training program. A copy of the required operator training program shall be maintained with the work practice implementation plan. All new and existing personnel, including contract personnel, who are involved in coating, cleaning or washoff operations or implementation of the requirements in §§ 129.101--129.107 shall complete the operator training program. The amendments require any new personnel hired after June 10, 2000, to be trained upon hiring. The operator training program must be completed by existing employes by December 11, 2000. For facilities which increase VOC emissions to the applicability threshold limits, new employes shall be trained upon hiring and existing employes shall be trained no later than 6 months before the compliance date.
Subsection (c) contains the requirements for the leak inspection and maintenance plan. The plan must address the required monthly visual inspections of equipment used to transfer or apply coatings or solvents and procedures for documenting the date and results of each inspection and any repairs that were made. The plan shall also include procedures to address the detection and repair of leaks. At a minimum, an attempt to repair the leaks shall begin no later than 5 working days after the leak is detected. Final repairs to the system must be made within 15 working days, unless new equipment is being installed to repair the system. When installing new equipment, repairs shall be completed no later than 3 months from the date a leak is detected.
Subsection (d) describes the requirements pertaining to the cleaning and washoff solvent accounting system. A solvent accounting form shall be developed for recording information pertaining to the solvents used in cleaning and washoff operations. The information recorded on the form shall include the following:
(1) The total number of pieces washed off each month and the reason for the washoff.
(2) The names and total quantity of each solvent used each month for cleaning and washoff activities.
(3) The name and total quantity of each solvent evaporated to the atmosphere each month from cleaning and washoff activities.
The cleaning and washoff solvent accounting information should be maintained onsite. However, the Department may request information pertaining to the cleaning and washoff solvent accounting system for compliance or enforcement purposes.
Subsection (e) provides work practices for spray booth cleaning. The owners or operators may not use compounds containing more than 8.0% by weight of VOC for cleaning spray booth components other than conveyors, continuous coaters and their enclosures, or metal filters unless the spray booth is being refurbished. When a spray booth is being refurbished, no more than 1 gallon of organic solvent may be used to prepare the booth prior to applying the new strippable booth coating. The strippable booth coating shall contain no more than 0.8 lb VOC/lb solids (0.8 kg VOC/kg solids), as applied.
Section 129.103 also includes work practice standards for the storage of coating, cleaning and washoff materials, application equipment requirements, line cleaning, spray gun cleaning and washoff operations. Subsection (g) describes the work practice standards for application equipment and limits the use of conventional air spray guns. The use of conventional air spray guns is prohibited if the conventional air spray guns are not used in accordance with the procedures in § 129.103(g)(1)--(6). Conventional air spray guns may be used: to apply coatings that have a VOC content less than or equal to 1.0 lb VOC/lb solids (1.0 kg VOC/kg solids), as applied; if the spray is automated; or if the emissions from the surface coating process are directed to a VOC control system. The use of conventional air spray guns for touch-up and repair coatings is allowed if the coatings are applied after completion of the wood furniture manufacturing operation. The coatings may also be applied after the stain and before any other type of coating is applied and the coatings are applied from a container that has a volume of no more than 2.0 gallons. These amendments also prohibit the use of conventional air spray guns if the cumulative total coating is more than 5.0% of the total gallons of coating used during a semiannual reporting period.
§ 129.104. Compliance procedures and monitoring requirements.
This section describes compliance procedures and monitoring requirements used to demonstrate compliance with the presumptive RACT regulations for wood furniture manufacturing operations. The owner or operator of a facility subject to the emission standards of § 129.102 must demonstrate compliance through the use of compliant coatings, use of add-on control devices, an emissions-averaging approach or a combination of these compliance methods. When a combination of compliance options is selected, the owner or operator shall demonstrate compliance with each applicable compliance technique. When compliant coatings are being used, the owner or operator shall maintain CPDSs for each coating. If a solvent or other VOC is added to the coating before application, the facility must account for the dilution and maintain documentation showing the VOC content of the coating as applied, in lb VOC/lb solids.
Initial Compliance
Subsection (a) describes the methods and procedures an owner or operator of the facility shall use to demonstrate compliance with the VOC emission standards in § 129.102. The owner or operator shall maintain a CPDS for each coating that is subject to the VOC emission limits and records which demonstrate that each coating as applied meets the applicable VOC emission limit. When a control system is used to meet the VOC emission limits, the overall control efficiency shall be calculated using the equations in § 129.104(a)(2).
Subsection (b) describes the requirements for initial compliance. The owners or operators of a facility demonstrating compliance through the use of compliant coatings shall submit an initial compliance status report in accordance with § 129.106(a). Subsection (b)(1) requires the initial compliance report to specify whether compliant sealers, topcoats and strippable spray booth coatings are being used by the facility.
Subsection (b)(2) explains the initial compliance requirements for facilities using a continuous coater to apply sealers, topcoats or both. To demonstrate initial compliance, the owners or operators are required to submit an initial compliance status report. The report must specify either that compliant sealers, topcoats or both, as determined by the VOC content of the coating in the reservoir and as calculated from records, are being used or that compliant sealers, topcoats or both, as determined by the VOC content of the coating in the reservoir are being used and the viscosity of the coating in the reservoir is being monitored. The data provided shall show a correlation between the viscosity and the VOC content of the coating in the reservoir.
Subsection (b)(3) requires users of control systems to include the operating parameter values to be monitored for the capture device and the results of the initial performance testing in the initial compliance report. The procedures and test methods shall meet the requirements specified in Chapter 139.
Continuous Compliance Demonstrations
The owners or operators of wood furniture manufacturing operations subject to the presumptive RACT requirements in this final-form rulemaking shall submit a compliance certification with the semiannual report required under § 129.106(b). Facilities using compliant coatings to demonstrate compliance shall maintain records that prove that the coatings used in their operations are compliant. The compliance certification must also state that compliant sealers, topcoats or both and strippable spray booth coatings have been used each day in the semiannual reporting period.
Subsection (c)(2) explains the continuous compliance requirements for facilities using continuous coaters to apply sealers or topcoats. The compliance certification submitted to the Department shall include a statement that compliant sealers, topcoats or both have been used each day in the semiannual reporting period. If the facility has not been in continuous compliance, the certification shall include the days of noncompliance and the reasons for noncompliance.
Subsection (c)(3) specifies the requirements for facilities that demonstrate compliance by using a control system. Owners or operators of affected sources are required to install, calibrate, maintain and operate monitoring equipment that has been approved, in writing, by the Department. If the facility is using a control system that is not described in § 129.104, approval by the Department shall be obtained prior to using the control system. The request for approval of the control system includes the following: a description of the system, test data verifying the performance of the system, the appropriate operating parameter values that will be monitored and the monitoring device that will be used to demonstrate continuous compliance with the standard.
The compliance certification for the control system must specify that the control system has not been operated at a daily average value greater than or less than (as appropriate) the operating parameter value for each day in the semiannual reporting period. If the operating parameter value is not in compliance, the certification shall identify the days of noncompliance and the reasons for noncompliance.
Each owner or operator of a facility that is subject to the work practice standards of § 129.103 shall demonstrate continuous compliance by following the work practice implementation plan. The compliance certification shall state that the work practice implementation plan is being followed, or should otherwise identify the periods of noncompliance with the work practice standards and the reasons for noncompliance.
Subsection (d) requires compliance certifications to be signed by a responsible official of the company. In addition to the certification requirements of this section, the certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the documents are true, accurate and complete.
§ 129.105. Recordkeeping requirements.
This section establishes recordkeeping requirements for wood furniture manufacturing operations. The owners or operators of affected facilities shall keep records adequate to demonstrate compliance with §§ 129.101--129.107. The records shall be maintained for at least 5 years. This section also includes specific recordkeeping requirements for facilities using compliant coatings, continuous coaters, control systems or a combination of these methods. The recordkeeping requirements of subsections (a)--(c) include the following:
(1) CPDS for each coating and strippable spray booth coating.
(2) Records of the VOC content of the as applied coating, lb VOC/lb solids (kg VOC/kg solids), of each coating and strippable spray booth coating and copies of data sheets documenting how the as applied values were determined. Owners or operators applying sealers, topcoats or both, using continuous coaters shall also keep records of solvent and coating additions to the continuous coater reservoir and viscosity measurements.
Subsection (d) prescribes additional recordkeeping requirements for control systems which include copies of the calculations to support the equivalency of using a control system and records of the daily average value of each continuously monitored parameter for each operating day. If all recorded values for a monitored parameter are within the range established during the initial performance test, the owner or operator may record that all values were within the range rather than calculating and recording an average for that day.
Subsection (e) specifies that a copy of the work practice implementation plan and all records associated with meeting the requirements of that plan shall be maintained onsite. The records kept for the work implementation plan shall also satisfy the recordkeeping requirements for applicable provisions of the work practice implementation plan including the operator training program, the leak inspection and maintenance plan, the cleaning and washoff solvent accounting system and restrictions on the use of conventional air spray guns.
§ 129.106. Reporting requirements.
This section establishes reporting requirements for wood furniture manufacturing operations subject to the presumptive RACT requirements of §§ 129.101--129.107. Subsection (a) requires owners or operators of affected facilities to submit an initial compliance report to the Department no later than 60 days after the compliance date. The report shall include the items required by § 129.104(b).
Subsection (b) requires the submittal of semiannual reports certifying compliance for the previous 6 months of wood furniture manufacturing operations. The first report shall be submitted to the Department within 30 calendar days after the end of the first 6-month period following the compliance date. Subsequent reports shall be submitted within 30 calendar days after the end of each 6-month period following the first report.
§ 129.107. Special provisions for facilities using an emissions averaging approach.
This section allows the owners or operators of manufacturing operations to comply with the VOC emission limitations by averaging emissions across wood furniture finishing lines. The wood furniture manufacturing operation may use stains, basecoats, washcoats, sealers and topcoats in any emissions averaging program that meets the equivalency requirements in § 129.51(a). The facility may use other coatings for its emissions averaging program if the averaging approach meets the equivalency requirements. The emissions averaging program submitted to the Department for approval prior to use must include a summary of the reasons why the facility would like to comply with the emission limitations through an equivalency determination using emissions averaging procedures. The program summary shall also include an explanation of how averaging can be used to meet the emission limitations and a description of the types of coatings that will be included in the facility's emissions averaging program. An additional 10% reduction in emissions is required under subsection (b) for affected facilities using the emissions averaging approach.
Subsection (c) requires the owner or operator of the facility to submit a written summary to the Department explaining why the emissions averaging program should be used to demonstrate compliance. The written summary shall also explain how emissions averaging can be used to meet the emissions limitations.
Subsection (d) requires the owner or operator of the facility to describe the types of coatings that will be included in the emissions averaging program. Coatings used in an averaging program may include basecoats, sealers, stains, topcoats and washcoats. Coatings in the emissions averaging program cannot be applied using a continuous coater unless the amount of coating used is determined on a daily basis.
Subsection (e) specifies that the baseline for each coating included in the emissions averaging program shall be the lower of the actual or allowable emission rate as of June 10, 2000. The baseline emission rate for the facility cannot be higher than what was presumed in the 1990 emissions inventory for the facility unless the Department has accounted for the increase in emissions as growth.
Subsection (f) provides that the quantification procedures used in the emissions averaging program shall demonstrate that the facility's actual emissions are less than the allowable emissions.
Subsection (g) requires that the emissions averaging program submitted to the Department include monitoring, recordkeeping and reporting procedures that will allow Department inspectors or owners or operators of facilities using an averaging approach to determine the facility's compliance status on a daily basis. The monitoring, recordkeeping and reporting procedures shall also include methods for determining required data when monitoring, recordkeeping and reporting violations result in missing, inadequate or erroneous monitoring and recordkeeping.
Chapter 139. Sampling and Testing
Subchapter A. Sampling and Testing Methods and Procedures § 139.4. References.
The revisions to this section reflect name changes for the Department and the Bureau of Air Quality.
§ 139.14. Emissions of VOCs.
The amendments to this section require that the test methods and procedures for the content of total volatiles, solids and exempt solvents be equivalent to those listed in § 139.4(1) and (5).
Changes from the Proposed Rulemaking
In addition to the definitional changes that were summarized earlier in this section, changes from the proposed rulemaking are summarized as follows:
§ 129.91. Control of major sources of NOx and VOCs.
Amendments to § 129.91 address questions raised by several commentators and the Independent Regulatory Review Commission (IRRC) regarding the relationship between existing case-by-case RACT requirements and the newly adopted presumptive RACT requirements for wood furniture manufacturing operations. The amendments to § 129.91(a) state that the section does not apply to the owner or operator of a major VOC emitting facility for which requirements have been established in § 129.52, Table I, Category 11 (relating to surface coating processes) and §§ 129.101--129.107. However, the newly adopted presumptive RACT requirements would not apply to a facility for which the EPA approves a case-by-case RACT determination as a SIP revision prior to June 10, 2000. In these instances, the wood furniture manufacturing operation would continue to be subject to § 129.52 and the existing RACT requirements in §§ 129.91--129.95. See 24 Pa.B. 467 (January 15, 1994).
§ 129.101(b) and (c).
The phrase, ''in addition to the requirements in § 129.52 (relating to surface coating processes)'' has been deleted because an owner or operator only has to demonstrate compliance with the most stringent provision when subject to § 129.52 and the presumptive RACT provisions in §§ 129.101--129.107.
§ 129.101(e).
Revisions to subsection (e) streamline the existing surface coating requirements in § 129.52 and the newly adopted presumptive RACT requirements. If a facility's actual or potential VOC emissions require compliance with both §§ 129.52 and 129.101--129.107, the owner or operator would only have to demonstrate compliance with the most stringent emissions limitation.
§ 129.101(f).
Changes to this section will require an owner or operator seeking an exemption for small quantities of coating to satisfy the requirements of subsection (f)(1) and (2). The proposed rulemaking erroneously allowed the owner or operator to qualify for the exemption by complying with either of the requirements specified in this subsection.
§ 129.102(1).
Revisions to this paragraph clarify that an owner or operator may either apply waterborne topcoats or a combination of sealers and topcoats and strippable spray booth coatings with VOC contents equal to or less than the standards specified in § 129.102, Table IV.
In addition, the word ''vinyl'' has been deleted from Table IV. This revision allows owners or operators to use lower VOC content solvents in acid-cured alkyd amino systems.
§ 129.102(3).
Several commentators pointed out that the proposed emission standards in § 129.102(3) were more stringent than the EPA's CTG and model rule. The 1.8 lb VOC/lb solids emission limit for topcoats was inadvertently omitted during the proposed rulemaking. Final changes to this paragraph provide that the control system shall achieve a reduction in emissions equivalent to either 0.8 lb VOC/lb solids for topcoats or 1.8 lb VOC/lb solids for topcoats and 1.9 lb VOC/lb solids for sealers.
§ 129.103(a).
The EPA's CTG and model rule for wood furniture manufacturing operations require affected sources to develop and maintain a work practice implementation plan within 60 days of the compliance date. Revisions to subsection (a) establish the same timeframe for wood furniture manufacturers to develop and maintain a work practice implementation plan.
§ 129.103(b)(1) and (2).
Final changes to subsection (b)(1) require new employes to be trained upon hiring. For wood furniture manufacturing operations that subsequently increase VOC emissions to the applicability thresholds specified in § 129.101(c), new employes shall also be trained upon hiring.
Revisions to subsection (b)(2) clarify that the training schedule for existing employes will vary for existing facilities currently subject to the final-form regulations and facilities that subsequently increase VOC emissions to the applicability thresholds. Owners or operators of wood furniture manufacturing operations meeting the requirements of § 129.101(b) shall train existing employes by December 11, 2000. If a facility increases its VOC emissions to the applicability thresholds, existing employes shall be trained at least 6 months before the compliance date.
§ 129.103(d).
Revisions to this section clarify that the purpose of the cleaning and washoff accounting system is to track the type and quantity of coatings used in wood furniture manufacturing operations. The owner or operator shall record the name and total quantity of each solvent evaporated to the atmosphere each month from cleaning and washoff activities. This information should remain onsite unless requested by the Department for compliance or enforcement purposes. In accordance with the confidentiality provision in section 13.2 of the act (35 P. S. § 4013.2), an owner or operator of the facility may show cause as to why this information should be treated as confidential information.
§ 129.103(g)(6).
The final amendments to this paragraph specify that the Department will provide written notice to an owner or operator concerning a claim of technical or economic infeasibility for spray technology other than a conventional air spray gun. When an owner or operator claims technical or economic infeasibility, the conventional air spray gun cannot be used until the Department notifies the applicant in writing of its determination.
§ 129.103(j)(1).
Final changes to subsection (j)(1) add the terms, ''normally closed container'' and ''washoff operations,'' to be consistent with the terms defined in § 121.1.
§ 129.104.
Minor revisions to this section correct typographical errors. In addition, parameter ''E'' for the equation used to calculate the overall control efficiency for a control system has been revised to indicate that the applicable emission limit is specified in Table IV.
§ 129.105.
Minor changes to this section include corrections needed to address final-form rulemaking changes pertaining to the initial status report and compliance certifications required under § 129.106.
§ 129.106(a).
The proposed initial notification requirement in subsection (a) has been deleted. Information concerning facilities that are subject to the presumptive RACT requirements in §§ 129.101--129.107 can be obtained through the Department's plan approval and operating permit programs. Certain MACT-affected facilities have already provided the initial notification required under 40 CFR Part 63, Subpart JJ (relating to National emission standards for wood furniture manufacturing operations).
§ 129.107(d)(2) and (3).
Final changes to subsection (d)(2) specify that the owner or operator of the facility may choose the coatings used in an emissions averaging program. A reference to the owner or operator of the facility has also been added in subsection (d)(3).
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