N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 228-1.3

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

Section 228-1.3 - General requirements

Any facility operating a coating line subject to this Subpart must comply with the following general requirements as specified.

(a) Opacity.

(1) No person shall cause or allow emissions to the outdoor atmosphere having an average opacity of 20 percent or greater for any consecutive six-minute period from any emission source subject to this Subpart.

(b) Recordkeeping.

(1) Except as provided for in paragraph (2) of this subdivision, the owner or operator of any emission source subject to this Subpart must maintain and, upon request, provide the department with a certification from the coating supplier/manufacturer which lists the parameters used to determine the actual VOC content of each as applied coating used at the facility. In addition, purchase, usage and/or production records of the coating material, including solvents, must be maintained in a format acceptable to the department and, upon request, these records must be submitted to the department within 90 days of receiving the request. Any facility required to perform the overall removal efficiency calculation set forth in equation 2 of section 228-1.5(c) of this Subpart, must maintain records to verify the parameters used in the calculation. A facility owner or operator must maintain a record that identifies each air cleaning device that has an overall removal efficiency of at least 90 percent. Any additional information required to determine compliance with this Part must be provided to the department in a format acceptable to the department. All records required by this paragraph must be maintained at the facility for a period of five years.

(2) Owners and operators of emission sources not subject to this Subpart as set forth in section 228-1.1(b)(9) or (13) of this Subpart, or those sources that are using coatings not subject to specific requirements of this Subpart as set forth in paragraph (e)(2) of this section, or section 228-1.4(b)(5)(iii)(e), (i) or (iv) of this Subpart, must maintain records on an as used basis. The records must include the relevant regulatory citation of each exemption and quantity of coating used. If the exemption criteria are based on VOC usage, the records must contain calculations and supplier/manufacturer material data sheets for verification of VOC usage. All records required by this paragraph must be maintained at the facility for a period of five years.

(c) Prohibition of sale or specification.

(1) No person shall sell, supply, offer for sale, solicit, use, specify, or require for use, the application of a coating on a part or product at a facility with a coating line described in section 228-1.1(a) of this Subpart if such sale, specification, or use is prohibited by any of the provisions of this Subpart. The prohibition shall apply to all written or oral contracts under the terms of which any coating is to be applied to any part or product at an affected facility. This prohibition shall not apply to the following:

(i) coatings utilized at surface coating lines where control equipment has been installed to meet the maximum permitted VOC content limitations specified in the tables of section 228-1.4 of this Subpart;

(ii) coatings utilized at surface coating lines where a coating system is used which meets the requirements specified in section 228-1.5(d) of this Subpart; and

(iii) coatings utilized at surface coating lines that have been granted variances pursuant to section 228-1.5(e) of this Subpart.

(2) Any person selling a coating for use in a coating line subject to this Part must, upon request, provide the user with certification of the VOC content of the coating supplied.

(d) Handling, storage and disposal of volatile organic compounds. Within the work area(s) associated with a coating line, the owner or operator of a facility subject to this Subpart must:

(1) use closed, non-leaking containers to store or dispose of cloth or other absorbent applicators impregnated with VOC solvents that are used for surface preparation, cleanup or coating removal;

(2) store in closed, non-leaking containers spent or fresh VOC solvents to be used for surface preparation, cleanup or coating removal;

(3) not use VOC solvents to cleanup spray equipment unless equipment is used to collect the cleaning compounds and to minimize VOC evaporation;

(4) not use open containers to store or dispense surface coatings and/or inks unless production, sampling, maintenance or inspection procedures require operational access. This provision does not apply to the actual device or equipment designed for the purpose of applying a coating material to a substrate. These devices may include, but are not limited to: spray guns, flow coaters, dip tanks, rollers, knife coaters, and extrusion coaters;

(5) not use open containers to store or dispose of spent surface coatings, or spent VOC solvents;

(6) minimize spills during the handling and transfer of coatings and VOC solvents; and

(7) clean hand held spray guns by one of the following:

(i) an enclosed spray gun cleaning system that is kept closed when not in use;

(ii) non-atomized discharge of VOC solvent into a paint waste container that is kept closed when not in use;

(iii) disassembling and cleaning of the spray gun in a vat that is kept closed when not in use; or

(iv) atomized spray into a paint waste container that is fitted with a device designed to capture atomized VOC solvent emissions.

(e) General control requirements for the emission of VOCs.

(1) Only facilities subject to this Subpart in accordance with section 228- 1.1(a)(1) of this Subpart must comply with the compliant material requirements of section 228-1.4 of this Subpart.

(2) A facility containing a coating line (other than a class A coating line) may use up to 55 gallons of coatings (facility wide) on a 12-month rolling total basis which does not comply with the VOC content limits set forth in section 228-1.4 of this Subpart; provided such use is recorded in accordance with the requirements of paragraph (b)(2) of this section.

(3) Facilities operating a class A coating line or most class B coating lines, as specified in section 228-1.4 of this Subpart must use one or more of the following application techniques to apply the coating:

(i) flow/curtain coating;

(ii) dip coating;

(iii) cotton-tipped swab application;

(iv) electro-deposition coating;

(v) high volume low pressure spraying;

(vi) electrostatic spray;

(vii) airless spray, (including air assisted);

(viii) airbrush application methods for stenciling, lettering, and other identification markings; or

(ix) other coating application methods approved by the department which can demonstrate transfer efficiencies equivalent to or greater than high volume low pressure spray.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 228-1.3