Section 326IAC8-10-1. Applicability

   (a) This rule applies to any person who does the following:

(1) Sells, offers for sale, or manufactures for sale refinishing coatings or surface preparation products in the following:

(A) Clark, Floyd, Lake, or Porter County.

(B) All other counties on or after June 1, 2009.

(2) Owns, leases, operates, or controls a facility, as defined in 326 IAC 1-2-27, that refinishes motor vehicles, motor vehicle parts, motor vehicle components, or mobile equipment, as defined in section 2(25) and 2(26) of this rule, in the following:

(A) Clark, Floyd, Lake, or Porter County.

(B) All other counties on or after June 1, 2009.

  (b) The following activities are exempt from this rule:

(1) Application of aerosol coating products.

(2) Graphic design application.

(3) Touch-up coating application.

  (c) This rule does not apply to individuals who:

(1) own;

(2) lease;

(3) operate; or

(4) control;

a facility, as defined in 326 IAC 1-2-27, that refinishes three (3) or fewer motor vehicles per calendar year.

  (d) The exemption provided by 326 IAC 8-2-9(b)(4) shall not exempt any facility from the requirements of this rule. (Air Pollution Control Division; 326 IAC 8-10-1; filed Oct 3, 1995, 3:00 p.m.: 19 IR 194; filed Jul 14, 1998, 5:04 p.m.: 21 IR 4518; filed Apr 23, 1999, 2:12 p.m.: 22 IR 2856; filed Mar 27, 2009, 9:58 a.m.: 20090422-IR-326060603FRA)