[Federal Register Volume 65, Number 191 (Monday, October 2, 2000)]
[Proposed Rules]
[Pages 58702-58719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24671]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6877-6]
RIN 2060-AH17


National Emission Standards for Hazardous Air Pollutants for 
Leather Finishing Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes national emission standards for hazardous 
air pollutants (NESHAP) for leather finishing operations. The EPA has 
identified these facilities as major sources of hazardous air pollutant 
(HAP) emissions such as glycol ethers, toluene, and xylene. These HAP 
are associated with a variety of adverse health effects. These adverse 
health effects include chronic health disorders (e.g., effects on the 
central nervous system, blood, and heart) and acute health disorders 
(e.g., irritation of eyes, throat, and mucous membranes and damage to 
the liver and kidneys). These proposed NESHAP will implement section 
112(d) of the Clean Air Act (CAA) by requiring all leather finishing 
facilities that are major sources to meet HAP emission standards 
reflecting the application of the maximum achievable control technology 
(MACT). The EPA estimates that these proposed NESHAP will reduce 
nationwide emissions of HAP from leather finishing operations by 
approximately 375 tons per year (tpy). In addition, the proposed NESHAP 
would reduce non-HAP emissions of volatile organic compounds (VOC) by 
750 tpy. The emissions reductions achieved by these proposed NESHAP, 
when combined with the emission reductions achieved by other similar 
standards, will provide protection to the public and achieve a primary 
goal of the CAA.

DATES: Comments. Submit comments on or before December 1, 2000.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing by October 23, 2000, a public hearing will be held on 
November 1, 2000.

ADDRESSES: Comments. Submit written comments (in duplicate if possible) 
to: Air and Radiation Docket and Information Center (6102), Attention 
Docket Number A-99-38, Room M-1500, U.S. Environmental Protection 
Agency, 1200 Pennsylvania Avenue, NW, Washington, DC 20460. The EPA 
requests a separate copy also be sent to the contact person listed in 
FOR FURTHER INFORMATION CONTACT.
    Public Hearing. If a public hearing is held, it will be held at 
10:00 a.m. in the EPA's Office of Administration Auditorium, Research 
Triangle Park, North Carolina, or at an alternate site nearby.
    Docket. Docket No. A-99-38 contains supporting information used in 
developing the standards. The docket is located at the U.S. 
Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460 
in room M-1500, Waterside Mall (ground floor), and may be inspected 
from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal 
holidays.

FOR FURTHER INFORMATION CONTACT: For information about the proposed 
NESHAP, contact Mr. William Schrock, Organic Chemicals Group, Emission 
Standards Division, (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; telephone number (919) 
541-5032; facsimile number (919) 541-3470; electronic mail address 
``[email protected].''

SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted 
by electronic mail (e-mail) to: [email protected]. Comments 
submitted by e-mail must be submitted as an ASCII file to avoid the use 
of special characters and encryption problems. Comments will also be 
accepted on disks in WordPerfect(R) version 5.1, 6.1, or 8 
file format. All comments and data submitted in electronic form must 
note the docket number: A-99-38. No confidential business information 
(CBI) should be submitted by e-mail. Electronic comments may be filed 
online at many Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Attention: Mr. William Schrock, c/o 
OAQPS Document Control Officer (Room 740B), U.S. Environmental 
Protection Agency, 411 W. Chapel Hill Street, Durham, NC 27701. The EPA 
will disclose information identified as CBI only to the extent allowed 
by the procedures set forth in 40 CFR part 2. If no claim of 
confidentiality accompanies a submission when it is received by the 
EPA, the information may be made available to the public without 
further notice to the commenter.
    Public Hearing. A request for a public hearing must be made by the 
date specified under the DATES section. Persons interested in 
presenting oral testimony or inquiring as to whether a hearing is to be 
held should contact: Ms. Maria Noell, Organic Chemicals Group, Emission 
Standards Division, (MD-13), U.S. Environmental Protection Agency, 
Research Triangle Park, North Carolina 27711; telephone number (919) 
541-5607 at least 2 days in advance of the public hearing. Persons 
interested in attending the public hearing must also call Ms. Maria 
Noell to verify the time, date, and location of the hearing. The public 
hearing will provide interested parties the opportunity to present 
data, views, or arguments concerning these proposed emission standards.
    Docket. The docket is an organized and complete file of all the 
information considered in the development of this rulemaking. The 
docket is a dynamic file because material is added throughout the 
rulemaking process. The docketing system is intended to allow members 
of the public and industries involved to readily identify and locate 
documents so that they can effectively participate in the rulemaking 
process. Along with the proposed and promulgated standards and their 
preambles, the contents of the docket will serve as the record in the 
case of judicial review. (See section 307(d)(7)(A) of the CAA.) The 
regulatory text and other materials related to this rulemaking are 
available for review in the docket or copies may be mailed on request 
from the Air Docket by calling (202) 260-7548. A reasonable fee may be 
charged for copying docket materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's proposed rule will also be available on 
the WWW through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the rule will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air

[[Page 58703]]

pollution control. If more information regarding the TTN is needed, 
call the TTN HELP line at (919) 541-5384.
    Regulated Entities. Categories and entities potentially regulated 
by this action include those listed in Table 1 of this preamble.

                                   Table 1.--Regulated Categories and Entities
----------------------------------------------------------------------------------------------------------------
                   Category                         SIC         NAICS         Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industry......................................         3111         3161  Leather finishing operations.
Federal government............................  ...........  ...........  Not affected.
State/local/tribal government.................  ...........  ...........  Not affected.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather a guide 
regarding entities likely to be regulated by this action. To determine 
whether your facility is regulated by this action, you should examine 
the applicability criteria in section Sec. 63.5285 of the proposed 
NESHAP. If you have any questions regarding the applicability of this 
action to a particular entity, consult the person listed in the 
preceding FOR FURTHER INFORMATION CONTACT section.
    Outline. The information presented in this preamble is organized as 
follows:
I. Background
    A. What is the source of authority for development of NESHAP?
    B. What criteria are used in the development of NESHAP?
    C. What are the health effects associated with the pollutants 
emitted from leather finishing operations?
    D. How were the proposed NESHAP developed?
II. Summary of the Proposed NESHAP
    A. What source categories and subcategories are affected by 
these proposed NESHAP?
    B. What are the primary sources of emissions and what are the 
baseline emissions?
    C. What is the affected source?
    D. What are the emission limits, operating limits and other 
standards?
    E. When must I comply with these proposed NESHAP?
    F. What are the continuous compliance provisions?
    G. What are the notification, recordkeeping and reporting 
requirements?
III. Rationale for Selecting the Proposed Standards
    A. How did we select the source category?
    B. How did we select any subcategories?
    C. How did we select the affected source?
    D. How did we determine the basis and level of the proposed 
standards for existing and new sources?
    E. Did we consider control options more stringent than the MACT 
floor?
    F. How did we select the form of the standards?
    G. How did we select the test methods for determining compliance 
with these proposed NESHAP?
    H. How did we select the notification, recordkeeping and 
reporting requirements?
    I. What is the relationship of these proposed NESHAP to other 
rules?
IV. Summary of Environmental, Energy and Economic Impacts
    A. What are the secondary and energy impacts associated with 
these standards?
    B. What are the cost impacts?
    C. What are the economic impacts?
V. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments
    D. Executive Order 13045, Protection of Children from 
Environmental Health Risks and Safety Risks
    E. Unfunded Mandates Reform Act of 1995
    F. Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 
U.S.C. 601 et seq.
    G. Paperwork Reduction Act
    H. National Technology Transfer and Advancement Act of 1995

I. Background

A. What Is the Source of Authority for Development of NESHAP?

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. As specified 
in section 112(a) of the CAA, major sources of HAP are those that have 
the potential to emit greater than 10 tpy of any one HAP or 25 tpy of 
any combination of HAP. On July 16, 1992, we published an initial list 
of source categories to be regulated (57 FR 31576). The Leather Tanning 
and Finishing Operations source category was not included on the 
initial list but was added by an update to the list on June 4, 1996 (61 
FR 28207). Today's proposed rule modifies the listing of this source 
category by deleting tanning facilities from the definition and 
renaming the source category Leather Finishing Operations. We propose 
this change because our data indicate there are no stand-alone tanning 
facilities that are major sources of HAP, and that tanneries collocated 
at finishing facilities do not constitute a significant emission point 
for HAP that requires control. This proposal to delete tanning 
facilities does not preclude us from relisting tanning facilities in 
the future should a situation arise that tanning facilities become a 
major source of HAP emissions.

B. What Criteria Are Used in the Development of NESHAP?

    Section 112 of the CAA requires that we establish NESHAP for the 
control of HAP from both new and existing major sources. The CAA 
requires the NESHAP to reflect the maximum degree of reduction in 
emissions of HAP that is achievable, taking into consideration the cost 
of achieving the emissions reductions, any nonair quality health and 
environmental impacts, and energy requirements. This level of control 
is commonly referred to as the MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. The MACT floor is 
established at a level to assure that all major sources achieve a level 
of control at least as stringent as that already achieved by the 
better-controlled and lower-emitting sources in each source category or 
subcategory. For new sources, the MACT floor cannot be less stringent 
than the emission control that is achieved in practice by the best-
controlled similar source. The MACT standards for existing sources can 
be less stringent than standards for new sources, but they cannot be 
less stringent than the average emission limitation achieved by the 
best-performing 12 percent of existing sources in the category or 
subcategory (or the best-performing 5 sources for categories or 
subcategories with fewer than 30 sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on the consideration of cost, nonair quality 
health and environmental impacts, and energy requirements.

[[Page 58704]]

C. What Are the Health Effects Associated With the Pollutants Emitted 
From Leather Finishing Operations?

    These proposed NESHAP protect air quality and promote the public 
health by reducing emissions of HAP listed in section 112(b)(1) of the 
CAA. The predominate HAP emitted by leather finishing operations 
include glycol ethers, toluene, and xylene. Exposure to these compounds 
has been demonstrated to cause a variety of adverse health effects. 
Acute (short-term) exposure in humans to high levels of glycol ethers 
results in narcosis, pulmonary edema, and severe liver and kidney 
damage. Chronic (long-term) exposure to glycol ethers may result in 
neurological and blood effects, including fatigue, nausea, tremor, and 
anemia. No information is available on the reproductive, developmental, 
or carcinogenic effects of glycol ethers in humans. Animal studies have 
reported reproductive and developmental effects, including testicular 
damage, reduced fertility, maternal toxicity, early embryonic death, 
birth defects, and delayed development.
    Acute inhalation of toluene by humans may cause effects to the 
central nervous system (CNS), such as fatigue, sleepiness, headache, 
and nausea, as well as irregular heartbeat. Humans that are chronic 
inhalation abusers of toluene have reported adverse CNS effects after 
exposure to high levels of toluene. Symptoms include tremors, decreased 
brain size, involuntary eye movements, and impaired speech, hearing, 
and vision. Chronic inhalation exposure of humans to lower levels of 
toluene also causes irritation of the upper respiratory tract, eye 
irritation, sore throat, nausea, dizziness, headaches, and difficulty 
with sleep. Studies of children exposed to toluene or to mixed solvents 
inhalation during their mother's pregnancy have reported CNS problems, 
facial and limb abnormalities, and delayed development. However, these 
effects may not be attributable to toluene alone.
    Acute inhalation of mixed xylenes (a mixture of three closely-
related compounds) in humans may cause irritation of the nose and 
throat, nausea, vomiting, gastric irritation, mild transient eye 
irritation, and neurological effects. Chronic inhalation of xylenes in 
humans may result in nervous system effects such as headache, 
dizziness, fatigue, tremors, and incoordination. Other reported effects 
include labored breathing, heart palpitation, severe chest pain, 
abnormal electrocardiograms, and possible effects on the blood and 
kidneys.
    The EPA does not have the type of current detailed data on each 
leather finishing operation covered by the proposed rule, and the 
people living around the facilities, that would be necessary to conduct 
an analysis to determine the actual population exposures to the HAP 
emitted from these facilities and the potential for resultant health 
effects. Therefore, the EPA does not know the extent to which the 
adverse health effects described above occur in the populations 
surrounding these facilities. However, to the extent the adverse 
effects do occur, the proposed rule will reduce emissions and 
subsequent exposures.

D. How Were the Proposed NESHAP Developed?

    We consulted many representatives of the leather finishing 
industry, State and Federal representatives, and coating suppliers in 
developing the proposed NESHAP. We held a series of stakeholder 
meetings over a period of nearly 3 years. These meetings were held to 
keep stakeholders informed and to solicit data and information on 
issues relevant to the NESHAP development. Stakeholders helped in data 
gathering, arranged site visits, and reviewed questionnaires. 
Stakeholders also shared data, identified issues, and provided 
information to help resolve issues in the rulemaking process.
    We identified the MACT floor control level with information 
obtained through questionnaire responses from 18 sources, of which 16 
will be affected by this proposed subpart. We also conducted site 
visits, made telephone contacts, and reviewed operating permits.

II. Summary of the Proposed NESHAP

A. What Source Categories and Subcategories Are Affected by These 
Proposed NESHAP?

    Today's proposed NESHAP apply only to the Leather Finishing 
Operations source category. Operations that finish leather through a 
solvent degreasing process, such as in the manufacture of leather 
chamois, are already subject to the Halogenated Solvent Cleaning NESHAP 
(40 CFR part 63, subpart T). Those degreasing operations are not 
subject to today's proposed NESHAP. There are no subcategories for the 
Leather Finishing Operations source category.

B. What Are the Primary Sources of Emissions and What Are the Baseline 
Emissions?

    The primary sources of HAP emissions at leather finishing 
operations are process vents associated with spray booth operations and 
the drying of the leather following coating. Total baseline HAP 
emissions from all 16 affected sources are 731 tons/yr.

C. What Is the Affected Source?

    The affected source for leather finishing operations is the 
collection of all equipment and activities used for the application of 
film-forming materials to a leather substrate to provide desired 
material properties. The affected source includes, but is not limited 
to, all equipment that emits HAP, such as process vents, storage 
vessels, wastewater, and fugitive sources. The affected source also 
includes other auxiliary equipment that is necessary to make the 
operation run but may not emit HAP.

D. What Are the Emission Limits, Operating Limits and Other Standards?

    As provided under the authority of CAA section 112(d), we are 
proposing the requirements in this rule in the form of a mass emission 
limit standard. For this proposed rule, the MACT performance level is 
an emission limit for finishing operations expressed in terms of HAP 
emissions per quantity of leather processed over a rolling 12-month 
compliance period. All facilities currently involved in leather 
finishing operations limit their HAP emissions through the use of low-
HAP content coatings. Depending upon the intended use of the final 
leather product, different coatings with different HAP contents must be 
used. Therefore, a different emission limit has been established for 
the four primary products produced: (1) Upholstery with finish add-on 
greater than or equal to 4 grams per square foot, (2) upholstery with 
finish add-on less than 4 grams per square foot, (3) water-resistant 
leather, and (4) nonwater-resistant leather.

E. When Must I Comply With These Proposed NESHAP?

    Leather finishing operations categorized as an existing affected 
source must comply with the emission standards for existing sources no 
later than 3 years from the effective date of the promulgated subpart. 
New or reconstructed affected sources that startup before the effective 
date of the promulgated subpart must comply with the emission standards 
for new and reconstructed sources no later than the effective date of 
the promulgated subpart. New or reconstructed affected sources that 
startup after the effective date of the promulgated subpart must comply 
with the emission standards for

[[Page 58705]]

new and reconstructed sources upon startup of your affected source.

F. What Are the Continuous Compliance Provisions?

    To demonstrate compliance, you must perform the following: (1) 
Develop a plan for demonstrating compliance; (2) maintain monthly 
records of finish usage, HAP content of all finishes, and quantity of 
leather finished; (3) comply with the HAP emission limits, expressed as 
pounds of HAP emissions per 1,000 square feet of leather processed for 
each leather product process operation; (4) submit the necessary 
notifications; and (5) submit the necessary reports.

G. What Are the Notification, Recordkeeping and Reporting Requirements?

1. What Notifications Must I Submit?
    If you are an existing major source, you must submit an ``initial 
notification'' no later than 120 calendar days after the effective date 
of the promulgated subpart. You must provide a brief description of 
your source including the types of leather product process operations 
that are performed and the nominal operating capacity of your source. 
This initial submission notifies the Administrator that you have an 
affected source and must comply with the rule as promulgated. These 
NESHAP do not apply to area sources. If you are a new or reconstructed 
source, you must make several notifications during the process of 
construction and startup according to Sec. 63.9 of the General 
Provisions.
    You must also submit a notification of compliance status no later 
than 60 calendar days after determining your initial 12-month 
compliance ratio. The notification of compliance status identifies your 
affected source, lists the types of leather product process operations 
processed, and certifies the compliance status of your affected source.
    You must submit a notification of intent to conduct an applicable 
performance test at least 60 calendar days before the performance test 
is scheduled to begin.
2. What Is a Plan for Demonstrating Compliance?
    Most leather finishing sources currently use reliable methods in 
determining the quantity of HAP emissions lost to the atmosphere and 
the quantity of leather processed. For example, the quantity of HAP 
emissions from an affected source may be based on direct volumetric or 
mass measurements of the amounts of each solvent type applied to 
leather substrates and the HAP content of each solvent type provided on 
material safety data sheets (MSDS). Therefore, today's proposed NESHAP 
do not require you to change the method of measurement, but do require 
you to document each method of measurement and to consistently follow 
each documented method. You must develop a plan for demonstrating 
compliance which describes in detail how you will determine your finish 
usage, HAP content of each finish, and the quantity of leather 
processed in each product process operation. The plan for demonstrating 
compliance must be developed by the compliance date and must be kept on 
site and available for inspection.
3. What Data Must I Record?
    You must record all of the data necessary to determine your 
compliance ratio on a monthly basis. This includes all records used to 
determine the monthly and 12-month rolling sum of finish usage, HAP 
content of each finish applied, and quantity of leather processed. If 
you use an emission control device to comply with these proposed 
NESHAP, then you must also record all necessary data from monitoring 
the emission control device as specified at 40 CFR part 63, subpart SS. 
The frequency in which you measure and record necessary information 
must be specified in your plan for demonstrating compliance.
    The proposed NESHAP require you to keep records in a form suitable 
and readily available for review. You must keep each record for 5 years 
following the date of each occurrence, measurement, maintenance, 
corrective action, report, or record. Records must remain on site for 
at least 2 years and then can be maintained offsite for the remaining 3 
years.
4. What Reports Must I Submit?
    The proposed NESHAP require you to submit an annual report 
certifying the compliance status of your affected source. The first 
annual compliance status certification is due 1 year after the 
submittal of your notification of compliance status.
    If your compliance ratio exceeds one, you must submit a deviation 
report by the fifteenth of the following month in which you determined 
the deviation.

III. Rationale for Selecting the Proposed Standards

A. How Did We Select the Source Category?

    As noted in section I.B, today's proposed NESHAP revise the 
definition of the source category. Leather tanning operations have been 
deleted from the definition of the source category. We took this action 
after reviewing the data from the facilities engaged in leather tanning 
operations.

B. How Did We Select Any Subcategories?

    We reviewed the available information on the leather finishing 
operations industry and determined that the industry did not warrant 
subcategorization. We found that, in general, the raw materials, 
emissions, and process steps are similar.
    However, we observed differences in achievable emission levels 
between the types of leather products produced. Four product process 
operations were established for these NESHAP because of differences in 
finish properties and coating formulations which affect the achievable 
level of HAP emissions. The four leather product process operations 
established for the leather finishing source category are described in 
the following paragraphs.
    1. Upholstery leather with finish add-on greater than or equal to 4 
grams per square foot. The coatings used in this product process 
operation are typically aqueous-based acrylic resins with surfactants 
and aqueous-based polyurethane dispersions. These coatings produce a 
leather that exhibits good abrasion resistance, thermal stability, and 
ultraviolet light stability, as well as excellent adhesion properties.
    2. Upholstery leather with finish add-on less than 4 grams per 
square foot. The typical coatings used to produce leather in this 
product process operation are nitrocellulose or cellulose acetate 
butyrate. The desired properties of this type of leather are primarily 
aesthetic, and only these types of coatings produce the desired effect.
    3. Water-resistant leather (able to pass 5,000 or more American 
Society for Testing and Materials (ASTM) Maeser Flexes). Leather in 
this product process operation requires the use of solvent-based 
finishes to achieve the required water resistance. Due to the nature of 
this product being water resistant, substitution of a water-based 
coating is not an option.
    4. Nonwater-resistant leather (unable to pass 5,000 ASTM Maeser 
Flexes). Finishes used in this product process operation can either be 
solvent-based or aqueous-based depending on the use of the leather. 
Most leather producers make a variety of products that require the use 
of both types of finishes.
    For the prior mentioned reasons, we have not established 
subcategories, but rather we have established four different

[[Page 58706]]

performance standards for the various leather products produced. Thus, 
an affected source may consist of any combination of the four product 
process operations located at a major source site.

C. How Did We Select the Affected Source?

    In selecting the affected source for the Leather Finishing 
Operations source category, we included all equipment that emits HAP, 
such as process vents, storage vessels, wastewater, and fugitive 
sources. In addition, because ``reconstruction,'' as defined in 
Sec. 63.2 of the General Provisions, is calculated based on the 
affected source, we also included other auxiliary equipment that is 
necessary to make the operation run, but which may not emit HAP. Thus, 
we are defining the affected source broadly to include the sum of all 
operations engaged in the finishing of the leather product.
    A broadly-defined affected source provides owners and operators 
with more flexibility to comply using emissions averaging. In addition, 
we defined the affected source broadly because emissions from the sum 
of all operations are better documented than emissions from individual 
process lines or emission points.

D. How Did We Determine the Basis and Level of the Proposed Standards 
for Existing and New Sources?

    For these proposed NESHAP, the MACT performance level is an 
emission limit for finishing operations expressed in terms of pounds of 
HAP emission per 1,000 square feet of leather processed over a rolling, 
12-month compliance period. For each of the four product process 
operations, we determined an overall finishing operation performance 
level based on 1 year of monthly data relating HAP emissions to leather 
processing rates.
    We used statistical procedures to address variability observed in 
monthly data used in the MACT floor determinations. Customer and 
consumer preferences for different types of leather finishing products 
vary from month-to-month, thus affecting finishing operations and HAP 
emissions. One year of emission and process information is not 
sufficient to characterize the long-term impacts of customer and 
consumer finishing preferences. The never-to-be-exceeded format of 
these proposed NESHAP required us to statistically examine variability 
and make adjustments to the HAP loss performance level of each product 
process operation in order to establish numerical limits that are 
achievable across the source category.
    For existing sources, we determined the MACT floor for each product 
process operation based on the performance levels corresponding to the 
five top-performing operations since there are fewer than 30 sources in 
each product process operation. For new sources, we determined the MACT 
floor for each product process operation based on the performance level 
corresponding to the top ranking product process operation of each 
type. The new source MACT floor for each product process operation is 
more stringent than the corresponding existing source MACT floor.

E. Did We Consider Control Options More Stringent Than the MACT Floor?

    We considered a regulatory alternative more stringent than the MACT 
floor, but rejected it because of a significantly higher cost per ton 
of emissions reductions. The more stringent option would require the 
installation of a thermal oxidizer to control HAP emissions in the 
combined exhaust streams from spray stations and finish dryers. At 
present, no leather finishing facility has installed such emission 
controls on spray station exhausts or finish dryers.

F. How Did We Select the Form of the Standards?

    We evaluated two predominant possibilities for the form of the 
standards. In our data collection efforts, we requested State rules 
that apply to the types of leather finishing activities we are 
regulating by this proposal. The State standards are expressed either 
in the form of a limit on the HAP content in the coatings used or a HAP 
emissions limit per unit area of leather coated. One State uses a 
combination of the two forms. Most States limit the HAP content in the 
coatings. However, there is nearly an equal number of facilities 
covered by each form of the standards.
    We decided to express the standards as a HAP emissions limit per 
unit area of leather finished for the following reasons: (1) This form 
of the standard simplified the data collection efforts necessary to 
determine the MACT floor, (2) facilities within the source category are 
already tracking HAP usage and amount of leathered processed, and (3) 
this form of the standard provides facilities more compliance 
flexibility.

G. How Did We Select the Test Methods for Determining Compliance With 
These Proposed NESHAP?

    The reference test method for measuring the HAP content of leather 
surface coatings and wipe-down solvents subject to the proposed NESHAP 
is EPA Method 311 (Analysis of Hazardous Air Pollutant Compounds in 
Paints and Coatings by Direct Injection Into a Gas Chromatograph). This 
is an established method that is appropriate for measuring the types of 
HAP used in these materials. You may use alternative methods for 
measuring HAP content that we approve.
    The proposed NESHAP do not require a compliance test for HAP 
content, nor do they require you to test every shipment of materials 
that you receive. You are responsible for ensuring, by any means that 
you choose such as periodic testing, or manufacturers' certification, 
that the HAP content of your materials complies with the requirements 
of the proposed NESHAP. We may require you to conduct a test at any 
time using EPA Method 311 (or any approved alternative method) to 
confirm the HAP content in the compliance reports that you submit. If 
there is any inconsistency between the results of the EPA Method 311 
test and any other means of determining HAP content, the Method 311 
results will govern.

H. How Did We Select the Notification, Recordkeeping and Reporting 
Requirements?

    The selection of notification requirements was based on the 
notification requirements listed in the General Provisions (40 CFR part 
63, subpart A). These notification requirements provide the minimum 
necessary information to inform the EPA that a facility will be subject 
to the promulgated rule during normal operations and assure EPA that a 
facility will be subject to the promulgated rule during site-specific 
testing conditions and during construction/reconstruction conditions.
    Recordkeeping is limited to information required for determining 
finish usage and resulting HAP emissions. An inventory log of finish 
applications is required to satisfy monitoring requirements of the 
proposed rule. The required information is as follows: finish usage, 
HAP content of the finish, date, time, operator, and leather product 
process operation. Additional information may be required depending on 
the nature of the facility. For example, density and volume 
determinations may have to be recorded so that an actual finish weight 
may be calculated.
    After submitting initial notifications and developing a plan for 
demonstrating compliance, the source will be required to file an annual 
statement certifying compliance status. The annual compliance status 
certificate is due 12

[[Page 58707]]

months from the anniversary of the last compliance status certificate.

I. What Is the Relationship of These Proposed NESHAP to Other Rules?

1. NESHAP for Halogenated Solvent Cleaning (40 CFR part 63, subpart T)
    Operations that finish leather through a solvent degreasing 
process, such as the manufacture of leather chamois, are already 
subject to the provisions in 40 CFR part 63, subpart T. Since leather 
finishing operations involving a degreasing process are already subject 
to the NESHAP for Halogenated Solvent Cleaning, those operations 
involving leather degreasing are, therefore, not subject to today's 
proposed NESHAP. At least one facility that is involved in the 
finishing of leather into chamois is subject to subpart T, which covers 
the same types of operations as this proposed rule.
2. Relationship Between Operating Permit Program and the Proposed 
Standards
    Under the operating permit program codified at 40 CFR parts 70 and 
71, a major source subject to standards under section 111 or 112 of the 
CAA must obtain an operating permit (Sec. 70.3(a)(1) and 
Sec. 71.3(a)(1)). Therefore, every major source subject to these 
proposed NESHAP must obtain an operating permit. Area sources in this 
industry are not regulated by these proposed NESHAP, and, therefore, 
would not be required to obtain an operating permit because of these 
proposed NESHAP.
    Some leather finishing facilities may be major sources based solely 
on their potential to emit, even though their actual emissions are 
below the major source level. These leather finishing facilities may 
choose to obtain a federally enforceable limit on their potential to 
emit so that they are no longer considered major sources and not 
subject to the proposed NESHAP. Sources that opt to limit their 
potential to emit by placing limits on operating hours or amount of 
material used are referred to by the EPA as ``synthetic'' area sources. 
To become a synthetic area source, you must contact your local 
permitting authority to obtain an operating permit with the appropriate 
operating limits prior to the compliance date of the promulgated rule. 
These operating limits will then be federally enforceable under 40 CFR 
70.6(b).

IV. Summary of Environmental, Energy and Economic Impacts

A. What Are the Secondary and Energy Impacts Associated With These 
Standards?

    We do not expect any significant secondary air emission, 
wastewater, solid waste, or energy impacts resulting from the proposed 
rule. The emissions reduction techniques that will be used to comply 
with the NESHAP are pollution-prevention techniques such as greater 
efficiency with finish transfer technologies and chemistry changes from 
solvent-based finishes to aqueous-based finishes. More details on the 
secondary and energy impacts can be found in the memorandum entitled 
``Environmental and Energy Impacts for Leather Tanning and Finishing 
MACT Floor Regulatory Option'' (Docket A-99-38).

B. What Are the Cost Impacts?

    We determined the total capital cost associated with the MACT floor 
level of control to be approximately $5.6 million which corresponds to 
a total annualized cost of approximately $440,000 per year. The total 
annualized costs also include the costs associated with compliance 
monitoring, recordkeeping, and reporting.
    We determined the overall cost effectiveness associated with the 
MACT floor level of control to be $1,300 per ton of HAP reduced. This 
level of control will reduce HAP emissions from existing sources by 
approximately 375 tpy, a reduction of approximately 51 percent.

C. What Are the Economic Impacts?

    The total annualized costs associated with these proposed NESHAP 
are approximately $440,000 in 1997 dollars. This cost represents only 
0.014 percent of total industry revenues based on 1996 value of 
shipments. Because the total annualized costs associated with complying 
with the proposed NESHAP are such a small percentage of total market 
revenues (value of shipments), it is unlikely market prices or 
production will change as a result of these proposed NESHAP. As an 
alternative to performing a market analysis, we evaluated the cost 
impacts on facility and firm revenues. The calculation of cost-to-sales 
ratios shows that only one firm (owning one facility) shows an impact 
that is greater than 1 percent of revenues (1.52 percent). All other 
firms have impacts well below 1/10th of 1 percent and range from 0.00 
percent to 0.09 percent of firm revenues. Given that overall costs 
represent a small fraction of industry revenues, and individual firm 
revenues experience minimal impacts, we conclude that economic impacts 
associated with this proposed rule will be negligible.

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB). The Executive Order defines ``significant regulatory action'' as 
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligation of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that this rule is not a ``significant regulatory action'' 
because none of the listed criteria apply to this action. Consequently, 
this action was not submitted to OMB for review under Executive Order 
12866.

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Under 
Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds

[[Page 58708]]

necessary to pay the direct compliance costs incurred by State and 
local governments, or EPA consults with State and local officials early 
in the process of developing the proposed rule. The EPA also may not 
issue a regulation that has federalism implications and that preempts 
State law unless the Agency consults with State and local officials 
early in the process of developing the proposed rule.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to OMB, in a separately identified section of the preamble 
to the rule, a federalism summary impact statement (FSIS). The FSIS 
must include a description of the extent of EPA's prior consultation 
with State and local officials, a summary of the nature of their 
concerns and the Agency's position supporting the need to issue the 
regulation, and a statement of the extent to which the concerns of 
State and local officials have been met. Also, when EPA transmits a 
draft final rule with federalism implications to OMB for review 
pursuant to Executive Order 12866, EPA must include a certification 
from the Agency's Federalism Official stating that EPA has met the 
requirements of Executive Order 13132 in a meaningful and timely 
manner.
    This proposed rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. 
This is because the proposed rule applies to affected sources in the 
leather finishing industry, not to States or local governments. Nor 
will State law be preempted, or any mandates be imposed on States or 
local governments. Thus, the requirements of section 6 of the Executive 
Order do not apply to this proposed rule. The EPA notes, however, that 
although not required to do so by this Executive Order (or otherwise), 
it did consult with State governments during development of this 
proposed rule.

C. Executive Order 13084, Consultation and Coordination With Indian 
Tribal Governments

    Under Executive Order 13084, we may not issue a regulation that is 
not required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or we consult with those 
governments. If we comply by consulting, we are required by Executive 
Order 13084 to provide to the OMB in a separately identified section of 
the preamble to the rule, a description of the extent of our prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 13084 
requires us to develop an effective process permitting elected 
officials and other representatives of Indian tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.''
    Today's proposed rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of Executive Order 13084 do not apply to this proposed 
rule.

D. Executive Order 13045, Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that we have reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it is based solely on technology 
performance. No children's risk analysis was performed because no 
alternative technologies exist that would provide greater stringency at 
a reasonable cost. Additionally, this proposed rule is not 
``economically significant'' as defined under Executive Order 12866.

E. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, we 
must generally prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating a rule for which a written statement is 
needed, section 205 of the UMRA generally requires us to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least-costly, most cost-effective, or least-burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows us to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before we establish any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of our regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    We have determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The total annual cost of this proposed 
rule for any 1 year has been estimated at $440,000 per year. Thus, 
today's proposed rule is not subject to the requirements of sections 
202 and 205 of the UMRA. In addition, we have determined that this 
proposed rule contains no regulatory requirements that might 
significantly or uniquely affect small governments because it contains 
no requirements that apply to such governments or impose obligations 
upon them. Therefore, today's proposed rule is not subject to the 
requirements of section 203 of the UMRA.

[[Page 58709]]

F. Regulatory Flexibility Act (RFA), as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et 
seq.

    The RFA generally requires an agency to conduct a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedure Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business whose 
parent company has fewer than 500 employees; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's proposed rule on 
small entities, we certify that this action will not have a significant 
economic impact on a substantial number of small entities. There are 
currently a total of 16 facilities that are major sources of HAP 
emissions and affected by this proposed rule. The industry is 
characterized as having some finishing operations that are relatively 
small, often specializing in the manufacture of leather with unique 
attributes, while others employ several hundred people and produce a 
wide variety of leathers. However, many of the smaller leather 
finishing operations are owned by ultimate parent firms that are 
classified as large corporations. Also, this industry typically 
operates with more than 300 establishments, so only a small fraction of 
the firms in the industry are impacted by the proposed rule. We 
determined that the 16 affected facilities are owned by 14 parent 
firms, and only 3 of these firms are classified as small by the 
previously mentioned definition. Nearly all of the firms (small and 
large) have very minimal impacts which range from 0.00 percent to 0.09 
percent of firm revenues. Only one firm of the 14 will experience 
compliance costs that exceed 1 percent of firm revenues (1.52 percent), 
and this firm is a small business. This impact, however, is not 
considered significant for this industry. Typical profit margins for 
the leather industry average 3.5 percent.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, we nonetheless have 
tried to reduce the impact of this proposed rule on small entities. We 
have worked closely with the Leather Industry of America in determining 
the form of the standard and establishing methods for minimizing the 
compliance burden. This outreach included a series of meetings over a 
2-year period and our attendance at the industries annual regulatory 
meeting of the Leather Industry of America. These meetings and outreach 
provided updates to the industry on the progress of the proposed rule 
and also forecasting the timeline for compliance with the proposed 
rule. In addition, these meetings provided us with useful information 
that we used in developing the proposed rule. For instance, currently 
no facilities use add-on control devices and we anticipate that no 
facilities will need to install a device to achieve compliance with the 
proposed rule. This will minimize costs to achieve compliance as well 
as simplify demonstrating compliance since already maintained purchase 
and usage records are all that will be needed to demonstrate 
compliance. We are also proposing that compliance demonstrations be 
conducted monthly, rather than on a daily basis which we believe will 
reduce the amount of records necessary to demonstrate compliance with 
the proposed rule. Furthermore, we are proposing the minimum 
monitoring, recordkeeping, and reporting requirements specified in the 
General Provisions. We continue to be interested in the potential 
impacts of the proposed rule on small entities and welcome comments on 
issues related to such impacts.

G. Paperwork Reduction Act

    The information collection requirements in this proposed rule will 
be submitted for approval to the OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The EPA has prepared an Information Collection 
Request (ICR) document 1985.01, and you may obtain a copy from Sandy 
Farmer by mail at the U.S. Environmental Protection Agency, Office of 
Environmental Information, Collection Strategies Division (2822), 1200 
Pennsylvania Avenue NW, Washington, DC 20460, by email at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded off the internet at http://www.epa.gov/icr. The information 
requirements are not effective until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to the EPA 
pursuant to the recordkeeping and reporting requirements for which a 
claim of confidentiality is made is safeguarded according to EPA 
policies set forth in 40 CFR part 2, subpart B.
    The annual monitoring, reporting, and recordkeeping burden for this 
collection, as averaged over the first 3 years after the effective date 
of the rule, is estimated to be 485 labor hours per year at a total 
annual cost of $21,600. This estimate includes a one-time plan for 
demonstrating compliance, annual compliance certificate reports, 
notifications, and recordkeeping. Total labor burden associated with 
the monitoring requirements over the 3-year period of the ICR are 
estimated at $64,700.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An Agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. Send comments on the ICR to the 
Director, Collection Strategies Division, U.S. Environmental Protection 
Agency (2822), 1200 Pennsylvania Ave., NW, Washington, DC 20460; and to 
the Office of Information and Regulatory Affairs, Office of Management 
and Budget, 725 17th St., NW, Washington, DC 20503,

[[Page 58710]]

marked ``Attention: Desk Officer for EPA.'' Include the ICR number in 
any correspondence. Since OMB is required to make a decision concerning 
the ICR between 30 and 60 days after October 2, 2000, a comment to OMB 
is best assured of having its full effect if OMB receives it by 
November 1, 2000. The final rule will respond to any OMB or public 
comments on the information collection requirements contained in this 
proposal.

H. National Technology Transfer and Advancement Act of 1995

    Under section 12(d) of the National Technology Transfer and 
Advancement Act (NTTAA) of 1995 (Public L. No. 104-113), all Federal 
agencies are required to use voluntary consensus standards in their 
regulatory and procurement activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards such as, materials 
specifications, test methods, sampling procedures, business practices, 
developed or adopted by one or more voluntary consensus bodies. The 
NTTAA requires Federal agencies to provide Congress, through annual 
reports to the OMB, with explanations when an agency does not use 
available and applicable voluntary consensus standards.
    Consistent with the NTTAA, the EPA conducted a search for EPA's 
Method 311 (Analysis of Hazardous Air Pollutant Compounds in Paints and 
Coatings by Direct Injection into a Gas Chromatograph) and found no 
candidate voluntary consensus standards for use in identifying glycol 
ethers, toluene, and xylene. This proposal references the National 
Emission Standards for Closed Vent Systems, Control Devices, Recovery 
Devices, and Routing to a Fuel Gas System or a Process (40 CFR part 63, 
subpart SS). Since there are no new technical standard requirements 
resulting from specifying subpart SS in this proposed rule, and no 
candidate consensus standards were identified for EPA Method 311 
(glycol ethers, toluene, and xylene) in this proposal, EPA is not 
proposing/adopting any voluntary consensus standards in this 
rulemaking.
    The EPA takes comment on proposed compliance demonstration 
requirements proposed in this rulemaking and specifically invites the 
public to identify potentially-applicable voluntary consensus 
standards. Commenters should also explain why this regulation should 
adopt them in lieu of EPA's standards. Emission test methods and 
performance specifications submitted for evaluation should be 
accompanied with a basis for the recommendation, including method 
validation data and the procedure used to validate the candidate method 
(if method other than Method 301, 40 CFR part 63, appendix A, was 
used).
    Section 63.2854 (b)(1) of the proposed standards list EPA Method 
311, which has been used by States and industry for approximately 5 
years. Nevertheless, under Sec. 63.7(f), the proposal allows any State 
or source to apply to EPA for permission to use an alternative method 
in lieu of EPA Method 311 listed in Sec. 63.2854(b)(1).

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

    Dated: September 20, 2000.
Carol M. Browner,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of the Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

    1. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. Part 63 is amended by adding subpart TTTT to read as follows:
Subpart TTTT--National Emission Standards for Hazardous Air Pollutants 
for Leather Finishing Operations

What This Subpart Covers

Sec.
63.5280  What is the purpose of this subpart?
63.5285  Am I subject to this subpart?
63.5290  What parts of my facility does this subpart cover?
63.5295  When do I have to comply with this subpart?

Standards

63.5305  What emission standards must I meet?

Compliance Requirements

63.5320  How does my affected major source comply with the HAP 
emission standards?
63.5325  What is a plan for demonstrating compliance and when must I 
have one in place?
63.5330  How do I determine the compliance ratio?
63.5335  How do I determine the actual HAP loss?
63.5340  How do I determine the allowable HAP loss?
63.5345  How do I distinguish between the two upholstery product 
process operations?
63.5350  How do I distinguish between the water-resistant and 
nonwater-resistant leather product process operations?
63.5355  How do I monitor and collect data to demonstrate continuous 
compliance?
63.5360  How do I demonstrate continuous compliance with the 
emission standards?

Testing and Initial Compliance Requirements

63.5375  When must I conduct a performance test or initial 
compliance demonstration?
63.5380  How do I conduct performance test methods?
63.5385  How do I measure the quantity of finish applied to the 
leather?
63.5390  How do I measure the HAP content of a finish?
63.5395  How do I measure the density of a finish?
63.5400  How do I measure the quantity of leather processed?

Notifications, Reports, and Records

63.5415  What notifications must I submit and when?
63.5420  What reports must I submit and when?
63.5425  When must I start recordkeeping to determine my compliance 
ratio?
63.5430  What records must I keep?
63.5435  In what form and how long must I keep my records?

Other Requirements and Information

63.5450  What parts of the General Provisions apply to me?
63.5455  Who administers this subpart?
63.5460  What definitions apply to this subpart?

Figures

Figure 1 to Subpart TTTT--Example Logs for Recording Leather Finish 
Use and HAP Content

Tables

Table 1 to Subpart TTTT--Leather Finishing HAP Emission Limits for 
Determining the Allowable HAP Loss
Table 2 to Subpart TTTT--Applicability of General Provisions to 
Subpart TTTT

Subpart TTTT--National Emission Standards for Hazardous Air 
Pollutants for Leather Finishing Operations

What This Subpart Covers


Sec. 63.5280  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for leather finishing operations. These 
standards limit HAP emissions from specified leather finishing 
operations. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission standards.

[[Page 58711]]

Sec. 63.5285  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a leather 
finishing operation that is a major source of hazardous air pollutants 
(HAP) emissions or that is located at, or is part of, a major source of 
HAP emissions. A leather finishing operation is defined in 
Sec. 63.5460. In general, it is a single process or group of processes 
used for the application of film-forming materials to a leather 
substrate to provide desired properties.
    (b) You are a major source of HAP emissions if you own or operate a 
plant site that emits or has the potential to emit any single HAP at a 
rate of 10 tons (9.07 megagrams) or more per year or any combination of 
HAP at a rate of 25 tons (22.68 megagrams) or more per year.


Sec. 63.5290  What parts of my facility does this subpart cover?

    (a) This subpart applies to each new, reconstructed, or existing 
affected source at leather finishing operations.
    (b) The affected source subject to this subpart is the collection 
of all equipment and activities used for the application of film-
forming materials to a leather substrate to provide desired material 
properties. This subpart applies to the leather finishing operations 
listed in paragraphs (b)(1) through (4) of this section and as defined 
in Sec. 63.5460, whether or not the operations are collocated with 
leather tanning operations:
    (1) Upholstery leather with greater than or equal to 4 grams finish 
add-on per square foot of leather;
    (2) Upholstery leather with less than 4 grams finish add-on per 
square foot of leather;
    (3) Water-resistant leather; and
    (4) Nonwater-resistant leather.
    (c) An affected source does not include portions of your leather 
finishing operation that are listed in paragraphs (c)(1) and (2) of 
this section:
    (1) A leather finishing operation affected source does not include 
equipment used solely with leather tanning operations.
    (2) A leather finishing operation affected source does not include 
that portion of your leather finishing operation using a solvent 
degreasing process, such as in the manufacture of leather chamois, that 
is already subject to the Halogenated Solvent Cleaning NESHAP (40 CFR 
part 63, subpart T).
    (d) An affected source is a new affected source if you commenced 
construction of the affected source after October 2, 2000, and you meet 
the applicability criteria at the time you commenced construction.
    (e) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (f) An affected source is existing if it is not new or 
reconstructed.


Sec. 63.5295  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section:
    (1) If you startup your affected source before the effective date 
of the subpart, then you must comply with the emission standards for 
new and reconstructed sources in this subpart no later than the 
effective date of the subpart.
    (2) If you startup your affected source after the effective date of 
the subpart, then you must comply with the emission standards for new 
and reconstructed sources in this subpart upon startup of your affected 
source.
    (b) If you have an existing affected source, you must comply with 
the emission standards for existing sources no later than 3 years from 
the effective date of this subpart.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP and an 
affected source subject to this subpart, paragraphs (c)(1) and (2) of 
this section apply.
    (1) An area source that meets the criteria of a new affected source 
as specified at Sec. 63.5290(d) or a reconstructed affected source as 
specified at Sec. 63.5290(e) must be in compliance with this subpart 
upon becoming a major source.
    (2) An area source that meets the criteria of an existing affected 
source as specified at Sec. 63.5290(f) must be in compliance with this 
subpart no later than 3 years after it becomes a major source.
    (d) You must meet the notification requirements in Sec. 63.5415 and 
in subpart A of this part. Some of the notifications must be submitted 
before you are required to comply with the emission standards in this 
subpart.

Standards


Sec. 63.5305  What emission standards must I meet?

    The emission standards limit the number of pounds of HAP lost per 
square foot of leather processed. You must meet each emission limit in 
Table 1 of this subpart that applies to you.

Compliance Requirements


Sec. 63.5320  How does my affected major source comply with the HAP 
emission standards?

    (a) All affected sources must be in compliance with the 
requirements of this subpart at all times, including periods of 
startup, shutdown and malfunction.
    (b) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec. 63.6(e)(1)(i).
    (c) You must perform all of the items listed in paragraphs (c)(1) 
through (10) of this section:
    (1) Submit the necessary notifications in accordance with 
Sec. 63.5415.
    (2) Develop and implement a plan for demonstrating compliance in 
accordance with Sec. 63.5325.
    (3) Submit the necessary reports in accordance with Sec. 63.5420.
    (4) Keep a finish inventory log to record monthly the pounds of 
each type of finish applied for each leather product process operation 
and the mass fraction of HAP in each applied finish as specified at 
Sec. 63.5335(b). You may be required to start recordkeeping prior to 
the compliance dates specified at Sec. 63.5295.
    (5) Keep a leather processed inventory log to record monthly the 
surface area of leather processed in 1,000's of square feet for each 
product process operation as specified at Sec. 63.5430(f). You may be 
required to start recordkeeping prior to the compliance dates specified 
at Sec. 63.5295.
    (6) Determine the actual HAP loss from your affected source in 
accordance with Sec. 63.5335.
    (7) Determine the allowable HAP loss for your affected source in 
accordance with Sec. 63.5340.
    (8) Determine the compliance ratio for your affected source each 
month as specified at Sec. 63.5330. The compliance ratio compares your 
actual HAP loss to your allowable HAP loss for the previous 12 months.
    (9) Maintain the compliance ratio for your affected source at or 
below 1.00 in accordance with Sec. 63.5330.
    (10) Maintain all the necessary records you have used to 
demonstrate compliance with this subpart in accordance with 
Sec. 63.5430.


Sec. 63.5325  What is a plan for demonstrating compliance and when must 
I have one in place?

    (a) You must develop and implement a written plan for demonstrating 
compliance that provides the detailed procedures you will follow to 
monitor

[[Page 58712]]

and record data necessary for demonstrating compliance with this 
subpart. Procedures followed for quantifying HAP loss from the source 
and amount of leather processed vary from source to source because of 
site-specific factors such as equipment design characteristics and 
operating conditions. Typical procedures include one or more accurate 
measurement methods such as weigh scales and volumetric displacement. 
Because the industry does not have a uniform set of procedures, you 
must develop and implement your own site-specific plan for 
demonstrating compliance not later than the compliance date for your 
source. You must also incorporate the plan for demonstrating compliance 
by reference in the source's title V permit. The plan for demonstrating 
compliance must include the items listed in paragraphs (a)(1) through 
(7) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) Provide a detailed description of all methods of measurement 
your source will use to determine your finish usage, HAP content of 
each finish, quantity of leather processed, and leather product process 
operation type.
    (4) Specify when each measurement will be made.
    (5) Provide examples of each calculation you will use to determine 
your compliance status. Include examples of how you will convert data 
measured with one parameter to other terms for use in compliance 
determination.
    (6) Provide example logs of how data will be recorded.
    (7) Provide a quality assurance/quality control plan to ensure that 
the data continue to meet compliance demonstration needs.
    (b) You may be required to revise your plan for demonstrating 
compliance. We may require reasonable revisions if the procedures lack 
detail, are inconsistent, or do not accurately determine finish usage, 
HAP content of each finish, quantity of leather processed, or leather 
product process operation type.


Sec. 63.5330  How do I determine the compliance ratio?

    (a) When your source has processed leather for 12 months, you must 
determine the compliance ratio for your affected source by the 
fifteenth of each month for the previous 12 months.
    (b) You must determine the compliance ratio using equation 1 of 
this section as follows:
[GRAPHIC] [TIFF OMITTED] TP02OC00.000


Where:

Actual HAP Loss = Pounds of actual HAP loss for the previous 12 months, 
as determined in Sec. 63.5335.
Allowable HAP Loss = Pounds of allowable HAP loss for the previous 12 
months, as determined in Sec. 63.5340.

    (1) If the value of the compliance ratio is less than or equal to 
1.00, your affected source was in compliance with the applicable HAP 
emission limits of this subpart for the previous month.
    (2) If the value of the compliance ratio is greater than 1.00, your 
affected source was deviating from compliance with the applicable HAP 
emission limits of this subpart for the previous month.


Sec. 63.5335  How do I determine the actual HAP loss?

    (a) This section describes the information and procedures you must 
use to determine the actual HAP loss from your leather finishing 
operation. By the fifteenth of each month, you must determine the 
actual HAP loss in pounds from your leather finishing operation for the 
previous month.
    (b) Use a finish inventory log to record the pounds of each type of 
finish applied for each leather product process operation and the mass 
fraction of HAP in each applied finish. Figure 1 of this subpart shows 
an example log for recording the minimum information necessary to 
determine your finish usage and HAP loss. The finish inventory log must 
contain, at a minimum, the information for each type of finish applied 
listed in paragraphs (b)(1) through (7) of this section:
    (1) Finish type.
    (2) Pounds (or density and volume) of each finish applied to the 
leather.
    (3) Mass fraction of HAP in each applied finish.
    (4) Date of the recorded entry.
    (5) Time of the recorded entry.
    (6) Name of the person recording the entry.
    (7) Product process operation type.
    (c) To determine the pounds of HAP loss for the previous month, you 
must first determine the pounds of HAP loss from each finish 
application.
    (1) For facilities not using add-on emission control devices, the 
entire HAP content of the finishes are assumed to be released to the 
environment. Using the finish inventory log, multiply the pounds of 
each recorded finish usage by the corresponding mass fraction of HAP in 
the finish. The result is the HAP loss in pounds from each finish 
application. Sum the pounds of HAP loss from all finish applications 
recorded during the previous month to determine the total monthly HAP 
loss in pounds from your finishing operation.
    (2) For facilities using add-on emission control devices, the 
finish inventory log and the emission reduction efficiency of the add-
on control device can be used to determine the net HAP loss in pounds. 
The emission reduction efficiency for a control device must be 
determined from a performance test conducted in accordance with 
Secs. 63.5375 and 63.5380. Using the finish inventory log, multiply the 
pounds of each recorded finish usage by the corresponding mass fraction 
of HAP in the finish. The result is the gross HAP loss in pounds from 
each finish application prior to the add-on control device. Multiply 
the gross HAP loss by the percent emission reduction achieved by the 
add-on control device and then subtract this amount from the gross HAP 
loss. The result is the net HAP loss in pounds from each finish 
application. Sum the pounds of net HAP loss from all finish 
applications recorded during the previous month to determine the total 
monthly net HAP loss in pounds from your finishing operation.
    (d) After collecting HAP loss data for 12 months, you must also 
determine by the fifteenth of each month the annual HAP loss in pounds 
by summing the monthly HAP losses for the previous 12 months. The 
annual HAP loss is the ``actual HAP loss,'' which is used in Equation 1 
of Sec. 63.5330 to calculate your compliance ratio, as described in 
Sec. 63.5330.


Sec. 62.5340  How do I determine the allowable HAP loss?

    (a) By the fifteenth of each month, you must determine the 
allowable HAP loss in pounds from your leather finishing operation for 
the previous month.
    (b) To determine the allowable HAP loss for your leather finishing 
operation, you must select the appropriate HAP emission limit, 
expressed in pounds of HAP loss per 1,000 square feet of leather

[[Page 58713]]

processed, from Table 1 of this subpart, for each type of leather 
product process operation performed during the previous 12 months. 
Under the appropriate existing or new source column, select the HAP 
emission limit that corresponds to each type of product process 
operation performed during the previous 12 months. Next, determine the 
annual total of leather processed in 1,000's of square feet for each 
product process operation in accordance with Sec. 63.5400. Then, 
multiply the annual total of leather processed in each product process 
operation by the corresponding HAP emission limit to determine the 
allowable HAP loss in pounds for the corresponding leather product 
process operation. Finally, sum the pounds of HAP loss from all leather 
product process operations performed in the previous 12 months. 
Equation 1 of this section illustrates the calculation of allowable HAP 
loss as follows:
[GRAPHIC] [TIFF OMITTED] TP02OC00.001


Where:

Annual Total of Leather Processed = 1,000's of square feet of leather 
processed in the previous 12 months in product process operation ``i''.
HAP Emission Limit = From Table 1 of this subpart, the HAP emission 
limit in pounds of HAP loss per 1,000 square feet of leather processed 
for product process operation ``i''.
n = Number of leather product process operation types performed during 
the previous 12 months.

    (c) The resulting ``allowable HAP loss'' is used in Equation 1 of 
Sec. 63.5330 to calculate your compliance ratio, as described in 
Sec. 63.5330.


Sec. 62.5345  How do I distinguish between the two upholstery product 
process operations?

    (a) Product process operations that finish leather for use in 
automobile and furniture seat coverings are categorized as an 
upholstery product process operation. There are two upholstery product 
process operations subject to the requirements of this subpart--
operations with less than 4 grams of finish add-on per square foot, and 
operations with 4 grams or more of finish add-on per square foot. You 
must distinguish between the two upholstery product process operations 
so that you can determine which HAP emission limit in Table 1 of this 
subpart applies to your affected source.
    (b) You must determine finish add-on by calculating the difference 
in mass before and after the finishing process. You may use an 
empirical method to determine the amount of finish add-on applied 
during the finishing process, as described in paragraphs (b)(1) through 
(4) of this section:
    (1) Weigh a one square foot representative section of polyester 
film or equivalent material substrate to be finished. This will provide 
a baseline mass and surface area prior to starting the finishing 
process.
    (2) Use a scale with an accuracy of at least 5 percent of the mass 
in grams of the representative section of polyester film.
    (3) Upon completion of these measurements, process the polyester 
film on the finishing line as you would for a typical section of 
leather.
    (4) After the finishing and drying process, weigh the 
representative section of polyester film to determine the final mass. 
Divide the net mass in grams gained by the representative section of 
polyester film by its surface area in square feet to determine grams 
per square foot of finish add-on. Equation 1 of this section 
illustrates this calculation, as follows:
[GRAPHIC] [TIFF OMITTED] TP02OC00.002


Where:

Finish Add-On = Grams per square foot of finish add-on applied to a 
representative section of polyester film.
Final Mass = Final mass in grams of representative section of polyester 
film, after finishing and drying.
Initial Mass = Initial mass in grams of representative section of 
polyester film, prior to finishing.
Surface Area = Surface area in square feet of a representative section 
of polyester film.

    (c) Any appropriate engineering units may be used for determining 
the finish add-on. However, finish add-on results must be converted to 
the units of grams of finish add-on per square foot of leather 
processed. If multiple representative leather sections are analyzed, 
then use the average of these measurements for selecting the 
appropriate product process operation.


Sec. 63.5350  How do I distinguish between the water-resistant and 
nonwater-resistant leather product process operations?

    (a) Product process operations that finish leather for 
nonupholstery use are categorized as either water-resistant or 
nonwater-resistant product process operations. You must distinguish 
between the water-resistant and nonwater-resistant product process 
operations so that you can determine which HAP emission limit in Table 
1 of this subpart applies to your affected source.
    (b) To determine whether your product process operation produces 
water-resistant or nonwater-resistant leather, you must conduct the 
Maeser Flexes test method according to American Society for Testing and 
Materials (ASTM) Designation D2099-98 or a method approved by the 
Administrator.
    (c) Statistical analysis of initial water penetration data 
performed to support ASTM Designation D2099-98 indicates that poor 
quantitative precision is associated with this testing method. 
Therefore, three sections of leather substrate from at least 12 sides 
of leather must be tested for a minimum of three times to determine the 
water-resistant characteristics of the leather. You must average the 
results of these tests to determine the final number of Maeser Flexes 
prior to initial water penetration.
    (d) Results from leather samples indicating an average of 5,000 
Maeser Flexes or more is considered a water-resistant product process 
operation, and results indicating less than 5,000 Maeser Flexes is 
considered nonwater-resistant product process operation.


Sec. 63.5355  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) You must monitor and collect data according to this section.
    (b) You must collect data at all required intervals as specified in 
your plan for demonstrating compliance as specified at Sec. 63.5325.
    (c) For emission control devices, except for monitor malfunctions, 
associated repairs, and required quality assurance or control 
activities (including, as applicable, calibration checks and required 
zero and span

[[Page 58714]]

adjustments), you must monitor continuously (or collect data at all 
required intervals) at all times that the affected source is operating.
    (d) You may not use data recorded during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities in data averages and calculations used to report emission or 
operating levels, nor may such data be used in fulfilling a minimum 
data availability requirement, if applicable. You must use all the data 
collected during all other periods in assessing the compliance ratio, 
and, if an emission control device is used, in assessing the operation 
of the control device.


Sec. 63.5360  How do I demonstrate continuous compliance with the 
emission standards?

    (a) You must demonstrate continuous compliance with the emission 
standards in Sec. 63.5305 by following the requirements in paragraphs 
(a)(1) and (2) of this section:
    (1) You must collect and monitor data according to the procedures 
in your plan for demonstrating compliance as specified in Sec. 63.5325.
    (2) If you use an emission control device, you must collect the 
monitoring data according to 40 CFR part 63, subpart SS.
    (3) You must maintain your compliance ratio less than or equal to 
1.00, as specified at Sec. 63.5330.
    (b) You must report each instance in which you did not meet the 
emission standards in Sec. 63.5305. This includes periods of startup, 
shutdown, and malfunction. These deviations must be reported according 
to the requirements in Sec. 63.5420(b).
    (c) You must conduct the initial compliance demonstration before 
the compliance date that is specified for your source in Sec. 63.5295.

Testing and Initial Compliance Requirements


Sec. 63.5375  When must I conduct a performance test or initial 
compliance demonstration?

    You must conduct performance tests after the installation of any 
emission control device that reduces HAP emissions and can be used to 
comply with the HAP emission requirements of this subpart. You must 
complete your performance tests not later than 60 calendar days before 
the end of the 12-month period used in the initial compliance 
determination.


Sec. 63.5380  How do I conduct performance test methods?

    (a) Each performance test must be conducted according to the 
requirements in Sec. 63.7(e) and the procedures of Sec. 63.997(e)(1) 
and (2).
    (b) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
    (c) You must conduct three separate test runs for each performance 
test required in this section, as specified in Sec. 63.7(e)(3). Each 
test run must last at least 1 hour.


Sec. 63.5385  How do I measure the quantity of finish applied to the 
leather?

    (a) To determine the amount of finish applied to the leather, you 
must measure the mass, or density, and volume of each applied finish.
    (b) Determine the mass of each applied finish with a scale 
calibrated to an accuracy of at least 5 percent of the amount measured. 
The quantity of all finishes used for finishing operations must be 
weighed or have a predetermined weight.
    (c) Determine the density and volume of each applied finish 
according to the criteria listed in paragraphs (c)(1) through (3) of 
this section:
    (1) Determine the density of each applied finish in pounds per 
gallon in accordance with Sec. 63.5395. The finish density will be used 
to convert applied finish volumes from gallons into mass units of 
pounds.
    (2) Volume measurements of each applied finish can be obtained with 
a flow measurement device. For each flow measurement device, you must 
perform the items listed in paragraphs (c)(2)(i) through (v) of this 
section:
    (i) Locate the flow sensor and other necessary equipment such as 
straightening vanes in or as close to a position that provides a 
representative flow.
    (ii) Use a flow sensor with a minimum tolerance of 2 percent of the 
flow rate.
    (iii) Reduce swirling flow or abnormal velocity distributions due 
to upstream and downstream disturbances.
    (iv) Conduct a flow sensor calibration check at least semiannually.
    (v) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (3) Volume measurements of each applied finish can be obtained with 
a calibrated volumetric container with an accuracy of at least 5 
percent of the amount measured.


Sec. 63.5390  How do I measure the HAP content of a finish?

    (a) To determine the HAP content of a finish, the reference method 
is EPA Method 311 of appendix A of 40 CFR part 63. You may use EPA 
Method 311, an alternative method approved by the Administrator, or any 
other reasonable means for determining the HAP content. Other 
reasonable means of determining HAP content include, but are not 
limited to, a material safety data sheet (MSDS) or a manufacturer's 
hazardous air pollutant data sheet. If the HAP content is provided on a 
MSDS or a manufacturer's data sheet as a range of values, then the 
highest HAP value of the range must be used for the determination of 
compliance to this standard. This value must be entered on the finish 
log for each type of finish applied. You are not required to test the 
materials that you use, but the Administrator may require a test using 
EPA Method 311 (or another approved method) to confirm the reported HAP 
content. However, if the results of an analysis by EPA Method 311 are 
different from the HAP content determined by another means, the EPA 
Method 311 results will govern compliance determinations.
    (b) You may use the weighted average of the HAP content analysis as 
determined in Sec. 63.5390(a) for each finish when you perform one of 
the actions listed in paragraphs (b)(1) and (2) of this section:
    (1) Mix your own finishes on site.
    (2) Mix new quantities of finish with previous quantities of finish 
that may have a different HAP content.


Sec. 63.5395  How do I measure the density of a finish?

    (a) To determine the density of a finish, the reference method is 
EPA Method 24 of appendix A of 40 CFR part 60. You may use EPA Method 
24, an alternative method approved by the Administrator, or any other 
reasonable means for determining the density of a finish. Other 
reasonable means of determining density include, but are not limited 
to, an MSDS or a manufacturer's hazardous air pollutant data sheet. If 
the density is provided on a MSDS or a manufacturer's data sheet as a 
range of values, then the highest density value of the range must be 
used for the determination of compliance to this standard. This value 
must be entered on the finish log for each type of finish applied. You 
are not required to test the materials that you use, but the 
Administrator may require a test using EPA Method 24 (or another 
approved method) to confirm the reported density. However, if the 
results of an analysis by EPA Method 24 are different from the density 
determined by another means, the EPA Method 24 results will govern 
compliance determinations.
    (b) You may use the weighted average of finish densities as 
determined in

[[Page 58715]]

Sec. 63.5395(a) for each finish when you perform one of the actions 
listed in paragraphs (b)(1) and (2) of this section:
    (1) Mix your own finishes on site.
    (2) Mix new quantities of finish with previous quantities of finish 
that may have different densities.
    (c) Equation 1 of this section may be used to determine the 
weighted average of finish densities. Equation 1 of this section 
follows:
[GRAPHIC] [TIFF OMITTED] TP02OC00.003


Where:

Average Weighted Density = The average weighted density of applied 
finishes in pounds per gallon.
Mass = Pounds of finish ``i'' applied.
Density = The density of finish ``i'' in pounds per gallon.
n = Number of finish types applied.


Sec. 63.5400  How do I measure the quantity of leather processed?

    (a) This section describes the information and procedures you must 
use to determine the quantity of leather processed at your affected 
source. By the fifteenth of each month, you must determine the quantity 
of leather processed in 1,000's of square feet for each product process 
operation during the previous month. After collecting data on the 
amount of leather processed for 12 months, you must also determine by 
the fifteenth of each month the annual total of leather processed in 
1,000's of square feet for each product process operation by summing 
the monthly quantities of leather processed in each product process 
operation for the previous 12 months. The ``annual total of leather 
processed'' in each product process operation is used in Equation 1 of 
Sec. 63.5340 to calculate your allowable HAP loss as described in 
Sec. 63.5340. Your allowable HAP loss is then subsequently used to 
calculate your compliance ratio as described in Sec. 63.5330.
    (b) To determine the surface area of leather processed at your 
source for each product process operation, you must use one of the 
methods listed in paragraphs (b)(1) and (2) of this section:
    (1) Premeasured leather substrate sections being supplied by 
another manufacturer as an input to your finishing process.
    (2) Measure the surface area of each piece of processed leather 
with a computer scanning system accurate to 0.1 square feet. The 
computer scanning system must be initially calibrated for minimum 
accuracy to the manufacturer's specifications. For similar leather 
production runs, use an average based on a minimum of 500 pieces of 
leather in lieu of individual measurements.

Notifications, Reports, And Records


Sec. 63.5415  What notifications must I submit and when?

    (a) In accordance with Secs. 63.7(b) and (c) and 63.9(b) and (h) of 
the General Provisions, you must submit the one-time notifications 
listed in paragraphs (b) through (g) of this section.
    (b) As specified in Sec. 63.9(b)(2), if you startup your affected 
source before the effective date of this subpart, you must submit an 
Initial Notification not later than 120 calendar days after the 
effective date of this subpart.
    (c) In the Initial Notification, include the items in paragraphs 
(c)(1) through (4) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) Identification of the relevant standard, such as the Leather 
Finishing Operations NESHAP, and compliance date.
    (4) A brief description of the source including the types of 
leather product process operations and nominal operating capacity.
    (d) As specified in Sec. 63.9(b)(1) and (2), if you start up your 
new or reconstructed affected source on or after the effective date of 
this subpart, you must submit an Initial Notification not later than 
120 calendar days after you become subject to this subpart.
    (e) If you are required to conduct a performance test, you must 
submit a Notification of Intent to Conduct a Performance Test at least 
60 calendar days before the performance test is scheduled to begin as 
required in Sec. 63.7(b)(1).
    (f) You must submit a Notification of Compliance Status report not 
later than 60 calendar days after determining your initial 12-month 
compliance ratio. The notification of compliance status must contain 
the items in paragraphs (f)(1) through (5) of this section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) Each type of leather product process operation performed during 
the previous 12 months.
    (4) Each HAP identified under Sec. 63.5390 in finishes applied 
during the 12-month period used for the initial compliance 
determination.
    (5) A compliance status certification indicating whether the source 
complied with all of the requirements of this subpart throughout the 
12-month period used for the initial source compliance determination. 
This certification must include a certification of the items in 
paragraphs (f)(5)(i) through (iii) of this section:
    (i) The plan for demonstrating compliance, as described in 
Sec. 63.5325, is complete and available on site for inspection.
    (ii) You are following the procedures described in the plan for 
demonstrating compliance.
    (iii) The compliance ratio value was determined to be less than or 
equal to 1.00, or the value was determined to be greater than 1.00.
    (g) If your source becomes a major source on or after the effective 
date of this subpart, you must submit an initial notification not later 
than 120 days after you become subject to this subpart.


Sec. 63.5420  What reports must I submit and when?

    (a) You must submit the first annual compliance status 
certification 12 months after you submit the Notification of Compliance 
Status. Each subsequent annual compliance status certification is due 
12 months after the previous annual compliance status certification. 
The annual compliance status certification provides the compliance 
status for each month during the 12-month period ending 60 days prior 
to the date on which the report is due. Include the information in 
paragraphs (a)(1) through (5) of this section in the annual 
certification:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.

[[Page 58716]]

    (3) Each type of leather product process operation performed during 
the 12-month period covered by the report.
    (4) Each HAP identified under Sec. 63.5390 in finishes applied 
during the 12-month period covered by the report.
    (5) A compliance status certification indicating whether the source 
complied with all of the requirements of this subpart throughout the 
12-month period covered by the report. This certification must include 
a certification of the items in paragraphs (a)(5)(i) and (ii) of 
section:
    (i) You are following the procedures described in the plan for 
demonstrating compliance.
    (ii) The compliance ratio value was determined to be less than or 
equal to 1.00, or the value was determined to be greater than 1.00.
    (b) You must submit a Deviation Notification Report for each 
compliance determination you make in which the compliance ratio exceeds 
1.00, as determined under Sec. 63.5330. Submit the deviation report by 
the fifteenth of the following month in which you determined the 
deviation from the compliance ratio. The Deviation Notification Report 
must include the items in paragraphs (b)(1) through (4) of this 
section:
    (1) The name and address of the owner or operator.
    (2) The physical address of the leather finishing operation.
    (3) Each type of leather product process operation performed during 
the 12-month period covered by the report.
    (4) The compliance ratio comprising the deviation. You may reduce 
the frequency of submittal of the Deviation Notification Report if the 
responsible agency of these NESHAP does not object, as provided in 
Sec. 63.10(e)(3)(iii).


Sec. 63.5425  When must I start recordkeeping to determine my 
compliance ratio?

    (a) If you have a new or reconstructed affected source, you must 
start recordkeeping to determine your compliance ratio according to one 
of the schedules listed in paragraphs (a)(1) and (2) of this section:
    (1) If the startup of your new or reconstructed affected source is 
before the effective date of this subpart, then you must start 
recordkeeping to determine your compliance ratio no later than the 
effective date of this subpart.
    (2) If the startup of your new or reconstructed affected source is 
after the effective date of this subpart, then you must start 
recordkeeping to determine your compliance ratio upon startup of your 
affected source.
    (b) If you have an existing affected source, you must start 
recordkeeping to determine your compliance ratio no later than 2 years 
after the effective date of this subpart.
    (c) If you have a source that becomes a major source of HAP 
emissions after the effective date of the subpart, then you must start 
recordkeeping to determine your compliance ratio immediately upon 
submitting your Initial Notification as required at Sec. 63.5415(g).


Sec. 63.5430  What records must I keep?

    (a) You must keep the plan for demonstrating compliance as required 
at Sec. 63.5325 on-site and readily available as long as the source is 
operational. If you make any changes to the plan for demonstrating 
compliance, then you must keep all previous versions of the plan and 
make them readily available for inspection for at least 5 years after 
each revision.
    (b) You must keep a copy of each notification and report that you 
are required to submit in accordance with this subpart.
    (c) You must keep records of performance tests in accordance with 
this subpart.
    (d) You must record and maintain a continuous log of finish usage 
as specified at Sec. 63.5335(b).
    (e) You must maintain all necessary records to document the methods 
you used and the results of all HAP content measurements of each 
applied finish.
    (f) For each leather product process operation, you must maintain a 
monthly log of the items listed in paragraphs (f) (1) and (2) of this 
section:
    (1) Dates for each leather product process operation.
    (2) Total surface area of leather processed for each leather 
product process operation.
    (g) If you use an emission control device, you must keep records of 
monitoring data as specified at 40 CFR part 63, subpart SS.


Sec. 63.5435  In what form and how long must I keep my records?

    (a) Your records must be in a form suitable and readily available 
for expeditious review according to Sec. 63.10(b)(1).
    (b) As specified in Sec. 63.10(b)(1), you must keep each record for 
5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record according to Sec. 63.10(b)(1). You can keep 
the records offsite for the remaining 3 years.

Other Requirements and Information


Sec. 63.5450  What parts of the General Provisions apply to me?

    Table 2 of this subpart shows which parts of the General Provisions 
in Secs. 63.1 through 63.13 apply to you.


Sec. 63.5455  Who administers this subpart?

    (a) This subpart can be administered by us, the U.S. EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
U.S. EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency has the primary authority to administer 
and enforce this subpart. You should contact your U.S. EPA Regional 
Office to find out if the authority to implement and enforce this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator of U.S. EPA and are not transferred to 
the State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the emission standards in 
Sec. 63.5305 under Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.5460  What definitions apply to this subpart?

    Terms used in this subpart are defined in:
    (a) Clean Air Act; and
    (b) 40 CFR 63.2, the NESHAP General Provisions; and
    (c) This section as follows:
    Area source means any stationary source of hazardous air pollutants 
that is not a major source as defined in this part.
    Compliance ratio means the ratio of the actual HAP loss from the 
previous 12 months to the allowable HAP loss from the previous 12 
months. Equation 1 in Sec. 63.5330 is used to calculate this value. If 
the value is less than or equal to 1.00, the source is in compliance. 
If the value is greater than 1.00, the source is deviating from 
compliance.

[[Page 58717]]

    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limits or work 
practice standards.
    (2) Fails to meet any emission limits, operating limits, or work 
practice standards in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart.
    Drying means the process of removing all but equilibrium moisture 
from the leather. Drying methods currently in use include: toggling, 
hanging, pasting, and vacuum drying.
    Finish add-on means the amount of solid material deposited on the 
leather substrate due to finishing operations. Typically, the solid 
deposition is a dye or other chemical used to enhance the color and 
performance of the leather. Finish add-on is quantified as mass per 
surface area of substrate, such as grams of finish add-on per square 
foot of leather substrate.
    Finishing means the application of film-forming materials to a 
leather substrate to provide abrasion resistance, stain resistance, 
enhanced color, and other desirable quality.
    Hazardous air pollutants (HAP) means any substance or mixture of 
substances listed as a hazardous air pollutant under section 112(b) of 
the Clean Air Act.
    Leather means the pelt or hide of an animal which has been 
transformed by a tanning process into a nonputrescible and useful 
material.
    Leather substrate means a nonputrescible leather surface intended 
for the application of finishing chemicals and materials. The leather 
substrate may be a continuous piece of material such as side leather or 
may be a combination of smaller leather pieces and leather fibers, 
which when joined together, form a integral composite leather material.
    Month means that all references to a month in this subpart refer to 
a calendar month.
    Nonwater-resistant leather means nonupholstery leather that is not 
treated with any type of waterproof finish and, thus, cannot withstand 
5,000 Maeser Flexes with a Maeser Flex Testing Machine or a method 
approved by the Administrator prior to initial water penetration. This 
leather is typically used for dress shoes, handbags, and garments.
    Product process operation means any one of the four leather 
production classifications developed for ease of compliance with this 
subpart. The four leather product process operations are as follows: 
upholstery leather with greater than or equal to 4 grams finish add-on 
per square foot, upholstery leather with less than 4 grams finish add-
on per square foot, water-resistant leather, and nonwater-resistant 
leather.
    Upholstery leather (greater than or equal to 4 grams finish add-on 
per square foot) means an upholstery leather with a final finish add-on 
to leather ratio of 4 or more grams of finish per square foot of 
leather. These types of finishes are used primarily for automobile 
seating covers. These finishes tend to be aqueous-based.
    Upholstery leather (less than 4 grams finish add-on per square 
foot) means an upholstery leather with a final finish add-on to leather 
ratio of less than 4 grams of finish per square foot of leather. These 
types of finishes are typically used for furniture seating covers. The 
finishes tend to be solvent-based and leave a thinner, softer, and more 
natural leather texture.
    Water-resistant leather means nonupholstery leather that has been 
treated with one or more waterproof finishes such that the leather can 
withstand 5,000 or more Maeser Flexes with a Maeser Flex Testing 
Machine or a method approved by the Administrator prior to initial 
water penetration. This leather is used for outerwear, boots and 
outdoor applications.
Figure 1 to Subpart TTTT--Example Logs for Recording Leather Finish Use 
and HAP Content
Month:-----------------------------------------------------------------
Year:------------------------------------------------------------------

                                              Finish Inventory Log
----------------------------------------------------------------------------------------------------------------
                                                                  HAP
                                                    Finish      content      Date and    Operator's    Product
                  Finish type                       usage        (mass         time         name       process
                                                   (pounds)    fraction)                              operation
----------------------------------------------------------------------------------------------------------------
 
 
 
 
 
 
----------------------------------------------------------------------------------------------------------------


                                         Monthly Summary of Finish Usage
----------------------------------------------------------------------------------------------------------------
                                                              Upholstery
                                                            leather  (4    leather  (4   resistant    resistant
                                                                grams)        grams)      leather      leather
----------------------------------------------------------------------------------------------------------------
Number of Entries.........................................
Total Finish Usage (pounds)...............................
Total HAP Usage (pounds)..................................
----------------------------------------------------------------------------------------------------------------


[[Page 58718]]


   Table 1 to Subpart TTTT--Leather Finishing HAP Emission Limits for
                   Determining the Allowable HAP Loss
------------------------------------------------------------------------
                                                     HAP emission limit
                                                      (lb/1,000 square
                                                            feet)
     Type of leather product process operation     ---------------------
                                                     Existing     New
                                                     sources    sources
------------------------------------------------------------------------
1. Upholstery Leather (4 grams add-on/         2.6        0.5
 square feet).....................................
2. Upholstery Leather (4 grams add-on/square feet)        7.1        2.9
3. Water-resistant Leather (5,000              5.9        4.9
 Maeser Flexes)...................................
4. Nonwater-resistant Leather (5,000 Maeser               3.4        2.1
 Flexes)..........................................
------------------------------------------------------------------------


                  Table 2 of Subpart TTTT--Applicability of General Provisions to Subpart TTTT
----------------------------------------------------------------------------------------------------------------
                                     Subject of     Brief description      Applies to
 General  provisions  citation        citation        of requirement        subpart             Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1.....................  Applicability....  Initial            Yes..............
                                                     Applicability
                                                     Determination;
                                                     Applicability
                                                     After Standard
                                                     Established;
                                                     Permit
                                                     Requirements;
                                                     Extensions,
                                                     Notifications.
Sec.  63.2.....................  Definitions......  Definitions for    Yes..............  Except as specifically
                                                     part 63                               provided in this
                                                     standards.                            subpart.
Sec.  63.3.....................  Units and          Units and          Yes..............
                                  Abbreviations.     abbreviations
                                                     for part 63
                                                     standards.
Sec.  63.4.....................  Prohibited         Prohibited         Yes..............
                                  Activities and     Activities;
                                  Circumvention.     Compliance Date;
                                                     Circumvention,
                                                     Severability.
Sec.  63.5.....................  Construction/      Applicability;     Yes..............  Except for subsections
                                  Reconstruction.    Applications;                         of Sec.  63.5 as
                                                     Approvals.                            listed below.
Sec.  63.5(c)..................  [Reserved].......
Sec.  63.5(d) (1)(ii) (H)......  Application for    Type and Quantity  No...............  All sources emit HAP.
                                  Approval.          of HAP,                               Subpart TTTT does not
                                                     Operating                             require control from
                                                     Parameters.                           specific emission
                                                                                           points.
Sec.  63.5(d) (1)(i)...........  [Reserved].......
Sec.  63.5(d) (1)(iii), (d)(2),  .................  Application for    No...............  The requirements of
 (d)(3)(ii).                                         Approval.                             the application for
                                                                                           approval for new and
                                                                                           reconstructed sources
                                                                                           are described in Sec.
                                                                                            63.5320(b) of
                                                                                           subpart TTTT. General
                                                                                           provision
                                                                                           requirements for
                                                                                           identification of HAP
                                                                                           emission points or
                                                                                           estimates of actual
                                                                                           emissions are not
                                                                                           required.
                                                                                           Descriptions of
                                                                                           control and methods,
                                                                                           and the estimated and
                                                                                           actual control
                                                                                           efficiency of such do
                                                                                           not apply.
                                                                                           Requirements for
                                                                                           describing control
                                                                                           equipment and the
                                                                                           estimated and actual
                                                                                           control efficiency of
                                                                                           such equipment apply
                                                                                           only to control
                                                                                           equipment to which
                                                                                           the subpart TTTT
                                                                                           requirements for
                                                                                           quantifying solvent
                                                                                           destroyed by an add-
                                                                                           on control device
                                                                                           would be applicable.
Sec.  63.6.....................  Applicability of   Applicability of   Yes..............  Except for subsections
                                  GP.                GP.                                   of Sec.  63.6 as
                                                                                           listed below.
Sec.  63.6(b)(1)-(3)...........  Compliance dates,    ...............  No...............  Section Sec.  63.5283
                                  new and                                                  of subpart TTTT
                                  reconstructed                                            specifies the
                                  sources.                                                 compliance dates for
                                                                                           new and reconstructed
                                                                                           sources.
Sec.  63.6(b)(6)...............  [Reserved].......
Sec.  63.6(c)(3)-(4)...........  [Reserved].......
Sec.  63.6(d)..................  [Reserved].......
Sec.  63.6(e)..................  Operations and       ...............  Yes..............  Except for subsections
                                  Maintenance                                              of Sec.  63.6(e) as
                                  Requirements.                                            listed below.
Sec.  63.6(e)(3)...............  Operation and      Startup,           No...............  Subpart TTTT does not
                                  Maintenance        Shutdown, and                         have any startup,
                                  Requirements.      Malfunction Plan                      shutdown, and
                                                     Requirements.                         malfunction plan
                                                                                           requirements.

[[Page 58719]]

 
Sec.  63.6(f)-(g)..............  Compliance with    Comply with        No...............  Subpart TTTT does not
                                  Nonopacity         Emission                              have nonopacity
                                  Emission           Standards at All                      requirements.
                                  Standards Except   Time Except
                                  During SSM.        During SSM.
Sec.  63.6(h)..................  Opacity/Visible      ...............  No...............  Subpart TTTT has no
                                  Emission (VE)                                            opacity or visual
                                  Standards.                                               emission standards.
Sec.  63.6(i)..................  Compliance         Procedures and     Yes..............
                                  Extension.         Criteria for
                                                     Responsible
                                                     Agency to Grant
                                                     Compliance
                                                     Extension.
Sec.  63.6(j)..................  Presidential       President may      Yes..............
                                  Compliance         Exempt Source
                                  Exemption.         Category from
                                                     Requirement to
                                                     Comply with
                                                     Subpart..
Sec.  63.7.....................  Performance        Schedule,          Yes..............  Except for subsection
                                  Testing            Conditions,                           of Sec.  63.7 as
                                  Requirements.      Notifications                         listed below. Subpart
                                                     and Procedures..                      TTTT requires
                                                                                           performance testing
                                                                                           only if the source
                                                                                           applies additional
                                                                                           control that destroys
                                                                                           solvent. Section Sec.
                                                                                            63.5311 requires
                                                                                           sources to follow the
                                                                                           performance testing
                                                                                           guidelines of the
                                                                                           General Provisions if
                                                                                           a control is added.
Sec.  63.7(a)(2) (i) and (iii).  Performance        Applicability and  No...............  Section Sec.
                                  Testing            Performance                           63.5310(a) of subpart
                                  Requirements.      Dates.                                TTTT specifies the
                                                                                           requirements of
                                                                                           performance testing
                                                                                           dates for new and
                                                                                           existing sources.
Sec.  63.8.....................  Monitoring           ...............  No...............  Subpart TTTT does not
                                  Requirements.                                            require monitoring
                                                                                           other than as
                                                                                           specified therein.
Sec.  63.9.....................  Notification       Applicability and  Yes..............  Except for subsections
                                  Requirements.      State Delegation.                     of $63.9 as listed
                                                                                           below.
Sec.  63.9(e)..................  Notification of    Notify             Yes..............  Applies only if
                                  Performance Test.  Responsible                           performance testing
                                                     Agency 60 Days                        is performed.
                                                     Ahead.
Sec.  63.9(f)..................  Notification of    Notify             No...............  Subpart TTTT has no
                                  VE/Opacity         Responsible                           opacity or visual
                                  Observations.      Agency 30 Days                        emission standards.
                                                     Ahead.
Sec.  63.9(g)..................  Additional         Notification of    No...............  Subpart TTTT has no
                                  Notifications      Performance                           CMS requirements.
                                  When Using a       Evaluation;
                                  Continuous         Notification
                                  Monitoring         using COMS Data;
                                  System (CMS).      Notification
                                                     that Exceeded
                                                     Criterion for
                                                     Relative
                                                     Accuracy.
Sec.  63.9(h)..................  Notification of    Contents.........  No...............  Section Sec.
                                  Compliance                                               63.5320(d) of subpart
                                  Status.                                                  TTTT specifies
                                                                                           requirements for the
                                                                                           notification of
                                                                                           compliance status.
Sec.  63.10....................  Recordkeeping/     Schedule for       Yes..............  Except for subsections
                                  Reporting.         Reporting,                            of Sec.  63.10 as
                                                     Record Storage.                       listed below.
Sec.  63.10(b)(2)..............  Recordkeeping....  Record Startup,    No...............  Subpart TTTT has no
                                                     Shutdown, and                         recordkeeping
                                                     Malfunction                           requirements for
                                                     Events.                               startup, shutdown,
                                                                                           and malfunction
                                                                                           events.
Sec.  63.10(c).................  Recordkeeping....  Additional CMS     No...............  Subpart TTTT does not
                                                     Recordkeeping.                        require CMS.
Sec.  63.10(d)(2)..............  Reporting........  Reporting          Yes..............  Applies only if
                                                     Performance Test                      performance testing
                                                     Results.                              is performed.
Sec.  63.10(d)(3)..............  Reporting........  Reporting Opacity  No...............  Subpart TTTT has no
                                                     or VE                                 opacity or visible
                                                     Observations.                         emission standards.
Sec.  63.10(d)(4)..............  Reporting........  Progress Reports.  Yes..............  Applies if a condition
                                                                                           of compliance
                                                                                           extension.
Sec.  63.10(d)(5)..............  Reporting........  Startup,           No...............  Subpart TTTT has no
                                                     Shutdown, and                         startup, shutdown,
                                                     Malfunction                           and malfunction
                                                     Reporting.                            reporting
                                                                                           requirements.
Sec.  63.10(e).................  Reporting........  Additional CMS     No...............  Subpart TTTT does not
                                                     Reports.                              require CMS.
Sec.  63.11....................  Control Device     Requirements for   Yes..............  Applies only if your
                                  Requirements.      Flares.                               source uses a flare
                                                                                           to control solvent
                                                                                           emissions. Subpart
                                                                                           TTTT does not require
                                                                                           flares.
Sec.  63.12....................  State Authority    State Authority    Yes..............
                                  and Delegations.   to Enforce
                                                     Standards.
Sec.  63.13....................  State/Regional     Addresses Where    Yes..............
                                  Addresses.         Reports,
                                                     Notifications,
                                                     and Requests are
                                                     Sent.
Sec.  63.14....................  Incorporation by   Test Methods       Yes..............
                                  Reference.         Incorporated by
                                                     Reference.
Sec.  63.15....................  Availability of    Public and         Yes..............
                                  Information and    Confidential
                                  Confidentiality.   Information.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 00-24671 Filed 9-29-00; 8:45 am]
BILLING CODE 6560-50-P