N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 228-1.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 228-1.1 - Applicability and exemptions

(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.

(b) This Subpart does not apply to the following:

(1) coating lines used in research and development processes which produce a product for study rather than eventual sale;

(2) coating lines where coatings are applied manually (by hand or without the use of mechanical means) with a brush, roller, cloth or an aerosol spray can;

(3) coating lines which apply clear or translucent coatings to clear or translucent plastic substrates utilized in the manufacture of back-lighted outdoor signs;

(4) coating lines which apply clear and pearlescent coatings to plastic fashion items such as beads, buttons, buckles or other plastic accessories;

(5) coating lines used in the manufacture of optical lenses at a facility whose annual potential to emit VOCs is 10 tons or less;

(6) coating lines which apply reflective coatings to highway cones;

(7) coating lines which apply electromagnetic interference/radio frequency interference (EMI/RFI) coatings on plastic electronic equipment to provide shielding against electromagnetic interference, radio frequency interference, or static charge;

(8) coating lines which apply electric dissipating coatings used to rapidly dissipate a high voltage electric charge applied on plastic parts;

(9) facility wide use of up to 55 gallons of coatings (or up to 400 pounds of actual VOC usage) on a 12-month rolling total. This exemption is contingent on the owner or operator of the facility maintaining records of such surface coatings, and maintaining compliance with all requirements of section 228-1.3,'General Requirements', of this Subpart. Mobile equipment repair and refinishing or color matched coating lines do not qualify for this exemption;

(10) mobile equipment repair and refinishing or color-matched coating lines where the person applying the coatings does not receive compensation;

(11) coating lines which use powder coatings;

(12) coating lines that are subject to Part 234 'Graphic Arts' of this Title;

(13) mobile equipment repair and refinishing or color-matched coating lines where the facility:

(i) applies coatings using one or more of the techniques specified in section 228-1.3(e)(3) of this Subpart that minimize VOC emissions;

(ii) cleans spray guns using techniques specified in section 228-1.3(d)(7) of this Subpart that minimize VOC emissions;

(iii) uses coatings that do not exceed the appropriate VOC content limits in table A of section 228-1.4(a)(2) of this Subpart;

(iv) uses appropriate emission control measures;

(v) applies coatings to work areas that do not exceed 9.0 square feet unless the coating is applied within an enclosure which prevents the uncontrolled release of air contaminants to the outside atmosphere and operates using appropriate emission control measures; and

(vi) uses a quantity of coatings and cleaning solvents on an annual basis that does not exceed 55 gallons (or 400 pounds of actual VOC usage, from coatings and cleaning solutions) on a 12-month rolling total. This exemption is contingent on the owner or operator of the facility maintaining records of the coatings and cleaning materials used, and maintaining compliance with all requirements of section 228-1.3, 'General Requirements', of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 228-1.1