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NY Seeks Coating Rule Changes

Friday, November 16, 2012

More items for Environmental Controls

Coating facilities in New York may soon face several new rules affecting paint industry products and industrial surface coating.

On Nov. 1, the New York State Department of Environmental Conservation (NYSDEC) proposed amendments to rules pertaining to coating processes, paint and coatings products, and facility permits.

The American Coatings Association is reviewing the proposed amendments and plans to submit comments on them.

The proposed changes to Subpart 228-1, and attendant revisions to Parts 200 and 201, incorporate federal Control Techniques Guidelines (CTGs) establishing Reasonably Available Control Technology (RACT) for VOCs emitted by surface coating processes.

Photos: U.S. Department of Labor

New York is proposing changes to rules affecting industrial surface coating.

The Rules fall under NYSDEC's Regulations, Chapter III–Air Resources and Title 6 of the Official Compilation of Codes, Rules, and Regulations of the State of New York (6 NYCRR).

Proposed Revisions to Part 228

Within Part 228, there are proposed revisions to Subpart 228-1, Surface Coating Processes, and "clarifying and non-substantive changes" to Subpart 228-2, Commercial and Industrial Adhesives, Sealants and Primers.

The proposed changes to 228-1 include:

• Applicability criteria for various coating processes;
• New definitions, including several added coating types used in updated coating processes;
• A new section that describes the minimum requirements of surface coating facilities and acceptable application techniques common to surface coating processes;
• The maximum VOC content allowed for coatings used in surface coating processes, including additional requirements and exceptions specific to a coating process, coating type, or application requirements;
• Alternative means of complying with VOC content limits; and
• The requirements necessary to determine and maintain compliance with the regulation.

The proposed changes include maximum VOC content for surface coatings. Application techniques are also addressed.

Proposed Revisions to Parts 200 and 201

Part 200, General Provisions, has proposed revisions that will add three references in Table 1 of Section 200.9. This table correlates specific referenced material with specific regulations. The publication date and page numbers of existing referenced documents to the 2006 Code of Federal Regulations will also be updated.

Proposed updates to Part 201, Permits and Registrations, revises the criteria for a facility performing coating processes to qualify as an exempt activity. The existing provisions exempt facilities using less than 25 gallons per month of coating materials and cleaning solvents, combined. The revision provides an optional exemption criterion for facilities with 1,000 pounds or less of actual facility-wide VOC usage on a 12-month rolling basis.

Submitting Comments

The agency is accepting written comments through 5 p.m. ET Dec. 28, 2012.

Comments should be directed to John Henkes, New York State Department of Environmental Conservation, Division of Air Resources, 625 Broadway, Albany, NY 12233-3254; phone: 518-402-8403; email 228scp@gw.dec.state.ny.us.