[Federal Register Volume 65, Number 247 (Friday, December 22, 2000)]
[Proposed Rules]
[Pages 81134-81173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32023]



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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Large Appliances; Proposed Rule

  Federal Register / Vol. 65 , No. 247 / Friday, December 22, 2000 / 
Proposed Rules  

[[Page 81134]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6917-3]
RIN 2060-AG34


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Large Appliances

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 large appliance surface coating operations 
located at major sources of hazardous air pollutants (HAP). These 
proposed standards would implement section 112(d) of the Clean Air Act 
(CAA) by requiring these operations to meet HAP emission standards 
reflecting the application of the maximum achievable control technology 
(MACT). The HAP emitted by these operations include ethylbenzene, 
glycol ethers (including 2-butoxyethanol), hexane, methylene chloride, 
4,4'-methylene diphenyl diisocyanate, methyl ethyl ketone, methyl 
isobutyl ketone, toluene, and xylene. Exposure to these substances has 
been demonstrated to cause adverse health effects such as irritation of 
the lung, eye, and mucus membranes, asthma, effects on the central 
nervous system, and cancer. In general, these findings have only been 
shown with concentrations higher than those typically in the ambient 
air. The adverse health effects associated with the exposure to these 
specific HAP are further described in the docket for this rulemaking. 
The proposed standards would reduce nationwide HAP emissions from major 
sources by approximately 45 percent.

DATES: Comments. Submit comments on or before February 20, 2001.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing, they should do so by January 11, 2001. If requested, a 
public hearing will be held within approximately 30 days following 
publication of this notice in the Federal Register.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-97-41, U.S. EPA, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier, 
deliver comments (in duplicate if possible) to: Air and Radiation 
docket and Information Center (6102), Attention Docket Number A-97-41, 
U.S. EPA, 401 M Street, SW, Room M-1500, 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 our 
Office of Administration auditorium in Research Triangle Park, North 
Carolina. You should contact Ms. Janet Eck, Coatings and Consumer 
Products Group, Emission Standards Division (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711, 
telephone number (919) 541-7946, to request to speak at a public 
hearing or to find out if a hearing will be held.
    Docket. Docket No. A-97-41 contains supporting information used in 
developing the proposed 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: Dr. Mohamed Serageldin, Coatings and 
Consumer Products Group, Emission Standards Division (MD-13), U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone number (919) 541-2379; facsimile number (919) 541-5689; 
electronic mail (e-mail) address: [email protected].

SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted 
by e-mail to: [email protected]. Electronic comments must be 
submitted as an ASCII file to avoid the use of special characters and 
encryption problems and will also be accepted on disks in WordPerfect 
 version 5.1, 6.1, or Corel 8 file format. All comments and 
data submitted in electronic form must note the docket number: A-97-41. 
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: Dr. Mohamed Serageldin, 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 EPA, 
the information may be made available to the public without further 
notice to the commenter.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Janet Eck, Coatings and Consumer Products Group, Emission Standards 
Division (MD-13), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711; telephone number (919) 541-7946 at 
least 2 days in advance of the public hearing. Persons interested in 
attending the public hearing should also contact Ms. Eck 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 by EPA 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 and Radiation Docket and Information Center 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 this proposed rule is also available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the proposed rule will be posted on the TTN's policy and 
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology 
exchange in various areas of air pollution control. If more information 
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.

[[Page 81135]]

    Regulated Entities. The proposed source category definition 
includes facilities that apply coatings to large appliances or 
components of large appliances. In general, facilities that coat large 
appliances are covered under the Standard Industrial Classification 
(SIC) and North American Industrial Classification System (NAICS) codes 
listed in the following table. However, facilities classified under 
other SIC or NAICS codes may be subject to the proposed standards if 
they meet the applicability criteria. Not all facilities classified 
under the SIC and NAICS codes in the following table will be subject to 
the proposed standards because some of the classifications cover 
products outside the scope of the NESHAP for large appliances.

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                                                1987 SIC   Equivalent 1997      Equivalent 1997 NAICS product
             Product description                  code      NAICS code(s)                description
----------------------------------------------------------------------------------------------------------------
Household Cooking Equipment..................       3631            335221  Household Cooking Appliance
                                                                             Manufacturing.
Household Refrigerators and Home and Farm           3632            335222  Household Refrigerator and Home
 Freezers.                                                                   Freezer Manufacturing.
Household Laundry Equipment..................       3633            335224  Household Laundry Equipment
                                                                             Manufacturing.
Household Appliances; not elsewhere                 3639            335228  Other Major Household Appliance
 classified.                                                                 Manufacturing.
Floor Waxing and Floor Polishing Machines....       3639            335212  Household Vacuum Cleaner
                                                                             Manufacturing.
Air Conditioning and Warm Air Heating               3585            333415  Air Conditioning and Warm Air
 Equipment and Commercial Industrial                                         Heating Equipment and Commercial
 Refrigeration Equipment.                                                    Industrial Refrigeration Equipment
                                                                             Manufacturing.
Motor Vehicle Air Conditioning...............       3585            336391  Motor Vehicle Air Conditioning
                                                                             Manufacturing.
Service Industry Machinery; not elsewhere           3589            333319  Other Commercial and Service
 classified.                                                                 Industry Machinery Manufacturing.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your coating operation is regulated by 
this action, you should examine the applicability criteria in 
Sec. 63.4081 of the proposed rule.
    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 HAP emissions 
from the surface coating of large appliances?
II. Summary of the Proposed Rule
    A. What source categories are affected by this proposed rule?
    B. What is the relationship to other rules?
    C. What are the primary sources of emissions and what are the 
emissions?
    D. What is the affected source?
    E. What are the emission limits, operating limits, and other 
standards?
    F. What are the testing and initial compliance requirements?
    G. What are the continuous compliance provisions?
    H. 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 the regulated pollutants?
    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. How did we select the format of the standards?
    F. How did we select the testing and initial compliance 
requirements?
    G. How did we select the continuous compliance requirements?
    H. How did we select the notification, recordkeeping, and 
reporting requirements?
    I. How did we select the compliance date?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental, and energy 
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

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. The Large 
Appliance (Surface Coating) category of major sources was listed on 
July 16, 1992 (57 FR 31576) under the Surface Coating Processes 
industry group. Major sources of HAP are those that emit or have the 
potential to emit equal to, or greater than, 10 tons per year (tpy) of 
any one HAP or 25 tpy of any combination of HAP.

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. 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. In essence, the MACT 
floor ensures that the standard is set at a level that assures that all 
major sources achieve the 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 
five 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

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the floor based on the consideration of the cost of achieving the 
emission reductions, any non-air quality health and environmental 
impacts, and energy requirements.

C. What Are the Health Effects Associated With HAP Emissions From the 
Surface Coating of Large Appliances?

    The HAP emitted from the surface coating of large appliances 
include ethylbenzene, glycol ethers (including 2-butoxyethanol), 
hexane, methylene chloride, 4,4'-methylene diphenyl diisocyanate, 
methyl ethyl ketone, methyl isobutyl ketone, toluene, and xylene. These 
compounds account for over 80 percent of the nationwide HAP emissions 
from this source category. The HAP that would be controlled with this 
proposed rule are associated with a variety of adverse health effects. 
These adverse health effects include chronic health disorders (e.g., 
irritation of the lung, eyes, and mucus membranes and effects on the 
central nervous system), and acute health disorders (e.g., lung 
irritation and congestion, alimentary effects such as nausea and 
vomiting, and effects on the central nervous system). The EPA has 
classified one of the HAP (methylene chloride) as a probable human 
carcinogen.
    We do not have the type of current detailed data on each of the 
facilities covered by the emission standards for this source category, 
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 potential for resultant health 
effects. Therefore, we do 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 would reduce emissions and subsequent exposures.

II. Summary of the Proposed Rule

A. What Source Categories Are Affected by This Proposed rule?

    The proposed rule would apply to you if you own or operate a large 
appliance surface coating facility that is a major source, or is 
located at a major source, or is part of a major source of HAP 
emissions. We have defined a large appliance surface coating facility 
as any facility engaged in the surface coating of any large appliance 
part or product.
    You would not be subject to the proposed rule if your large 
appliance surface coating facility is located at an area source. An 
area source of HAP is any facility that has the potential to emit HAP 
but is not a major source. You may establish area source status by 
limiting the source's potential to emit HAP through appropriate 
mechanisms available through your permitting authority.
    The source category does not include research or laboratory 
facilities or janitorial, building, and facility maintenance 
operations. The source category also does not include coating 
applications using handheld nonrefillable aerosol containers.

B. What Is the Relationship to Other Rules?

    Affected sources subject to the proposed rule may also be subject 
to other rules. We specifically request comments on how monitoring, 
recordkeeping, and reporting requirements can be consolidated for 
sources that are subject to more than one rule.
    New Source Performance Standards--40 CFR Part 60, Subpart SS. The 
new source performance standards (NSPS) for large appliances apply to 
facilities that apply organic coatings to large appliances and that 
began construction, reconstruction, or modification after October 27, 
1982. The pollutants regulated are volatile organic compounds (VOC). 
Emissions of VOC are limited to 0.9 kilogram HAP per liter (kg HAP/
liter) of coating solids applied (7.52 pounds per gallon (lbs/gal)), 
and the affected source is each individual coating operation.
    The proposed rule differs from the NSPS in three ways. First, the 
affected source for the proposed rule is defined broadly as the 
collection of all coating operations and related activities and 
equipment at the facility, whereas the affected facility for the NSPS 
is defined narrowly as each individual coating operation. The broader 
definition of an affected source allows a facility's emissions to be 
combined for compliance purposes. Second, the proposed rule regulates 
organic HAP. While most organic HAP emitted from large appliance 
surface coating operations are VOC, some VOC are not listed as HAP, 
and, therefore, the NSPS regulates a broader range of pollutants than 
the proposed NESHAP.
    Third, the HAP emission limitations in the proposed rule are based 
on the amount of coating solids used at the affected source. The VOC 
limitations in the NSPS are based on the amount of coating solids 
actually applied to the large appliances, which necessitates estimates 
of transfer efficiency in the compliance calculations.
    Because of the differences between the two rules, compliance with 
either rule cannot be deemed compliance with the other. A large 
appliance surface coating operation that meets the applicability 
requirements of both rules must comply with both. Overlapping 
reporting, recordkeeping, and monitoring requirements may be resolved 
through your title V permit.
    Future national emission standards for the surface coating of 
miscellaneous metal parts and products. Large appliances often contain 
parts, such as metal handles, hinges, and fasteners, that have a wider 
use beyond large appliances. The coating of such metal parts would be 
subject to the proposed rule if the coating takes place at a facility 
that coats other large appliance parts or products; otherwise, the 
coating operation would be subject to the future NESHAP for the surface 
coating of miscellaneous metal parts and products.
    Future national emission standards for the surface coating of 
plastic parts and products. Plastic parts and products may be 
components (e.g., plastic handles) of large appliances. The coating of 
such plastic parts would be subject to the proposed rule if the coating 
takes place at a facility that coats other large appliance parts or 
products; otherwise, the coating operation would be subject to the 
future NESHAP for the surface coating of plastic parts and products.

C. What Are the Primary Sources of Emissions and What Are the 
Emissions?

    HAP Emission Sources. Emissions from coating applications account 
for approximately 80 percent of the HAP emissions from large appliance 
surface coating operations. The remaining emissions are primarily from 
cleaning operations. In most cases, HAP emissions from mixing and 
storage are relatively small. The organic HAP emissions associated with 
coatings (the term ``coatings'' includes protective and decorative 
coatings as well as adhesives) occur at several points. Coatings are 
most often applied either by using a spray gun in a spray booth or by 
dipping the substrate in a tank containing the coating. In a spray 
booth, volatile components evaporate from the coating as it is applied 
to the part and from the overspray. The coated part then passes through 
an open (flash-off) area where additional volatiles evaporate from the 
coating. Finally, the coated part passes through a drying/curing oven, 
or is allowed to air dry, where the remaining volatiles are evaporated.
    Organic HAP emissions also occur from the activities undertaken 
during cleaning operations, where solvent is

[[Page 81137]]

used to remove coating residue or other unwanted materials. Cleaning in 
this industry includes cleaning of spray guns and transfer lines (e.g., 
tubing or piping), tanks, and the interior of spray booths. Cleaning 
also includes applying solvents to manufactured parts prior to coating 
application and to equipment (e.g., cleaning rollers, pumps, conveyors, 
etc.).
    Mixing and Storage. Organic HAP emissions can also occur from 
displacement of organic vapor-laden air in containers used to store HAP 
solvents or to mix coatings containing HAP solvents. The displacement 
of vapor-laden air can occur during the filling of containers and can 
be caused by changes in temperature or barometric pressure, or by 
agitation during mixing.
    Organic HAP. Available emission data collected during the 
development of the proposed NESHAP show that the primary organic HAP 
emitted from the surface coating of large appliances include xylene, 
glycol ethers, toluene, methylene diphenyl diisocyanate, and methyl 
ethyl ketone. These compounds account for approximately 82 percent of 
this category's nationwide organic HAP emissions. Other significant 
organic HAP identified include methyl isobutyl ketone, hexane, and 
methylene chloride.
    Inorganic HAP. Based on information reported in survey responses 
during the development of the proposed NESHAP, inorganic HAP, including 
chromium, cobalt, lead, and manganese compounds, are components of some 
specialty coatings used by this source category. No inorganic HAP were 
reported in cleaning materials. Most of the inorganic HAP components 
remain as solids in the dry coating film on the parts being coated or 
are deposited onto the walls, floor, and grates of the spray booths in 
which they are applied. Some of the inorganic HAP particles are 
entrained in the spray booth exhaust air. Spray booths in the large 
appliance industry typically have either water curtains or dry filters 
to remove overspray particles. Therefore, inorganic HAP emission levels 
are expected to be very low, and have not been quantified.

D. What Is the Affected Source?

    We define an affected source as a stationary source, a group of 
stationary sources, or part of a stationary source to which a specific 
emission standard applies. The proposed standards define the affected 
source as the collection of all operations associated with the surface 
coating of large appliances or parts of large appliances. These 
operations include preparation of a coating for application (e.g., 
mixing with thinners); surface preparation of the large appliances or 
part; coating application and flash-off; drying and/or curing of 
applied coatings; cleaning of equipment used in surface coating; 
storage of coatings, thinners, and cleaning materials; and handling and 
conveyance of waste materials from the surface coating operations.

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

    We are proposing standards that would limit HAP emissions from the 
surface coating of large appliances. The proposed standards include 
emission limits and operating limits.
    Emission Limits. We are proposing to limit organic HAP emissions 
from each new and reconstructed affected source to no more than 0.022 
kg HAP/liter of coating solids used (0.18 lb/gal) in each monthly 
compliance period. The proposed limit for each existing affected source 
is 0.13 kg HAP/liter used (1.1 lb/gal). You can choose from several 
compliance options in the proposed rule to achieve the emission limits. 
You could comply by applying materials (coatings, thinners, and 
cleaning materials) that meet the emission limits, either individually 
or collectively, during each monthly compliance period. You could also 
use a capture system and add-on control device to meet the emission 
limits. You could also comply by using a combination of both 
approaches.
    Operating Limits. If you reduce emissions by using a capture system 
and add-on control device (other than a solvent recovery system for 
which you conduct a liquid-liquid material balance), the proposed 
operating limits would apply to you. These limits are site-specific 
parameter limits that you determine during the initial performance test 
of the system. For capture systems that are not permanent total 
enclosures, you would establish average volumetric flow rates or duct 
static pressure limits for each capture device (or enclosure) in each 
capture system. For capture systems that are permanent total 
enclosures, you would establish limits on average facial velocity or 
pressure drop across openings in the enclosure.
    For oxidizers, you would monitor the combustion temperature (for 
thermal oxidizers) or the temperature immediately before and after the 
catalyst bed (for catalytic oxidizers). For carbon adsorbers for which 
you do not conduct a liquid-liquid material balance, you would monitor 
the carbon bed temperature and the amount of steam or nitrogen used to 
desorb the bed. For condensers, you would monitor the outlet gas 
temperature from the condenser.
    The site-specific parameter limits that you establish must reflect 
operation of the capture system and control devices during a 
performance test that demonstrates achievement of the emission limits 
during representative operating conditions.
    General Provisions. The General Provisions (40 CFR part 63, subpart 
A) also would apply to you as indicated in the proposed rule. The 
General Provisions codify certain procedures and criteria for all 40 
CFR part 63 NESHAP. The General Provisions contain administrative 
procedures, preconstruction review procedures for new sources, and 
procedures for conducting compliance-related activities such as 
notifications, reporting and recordkeeping, performance testing, and 
monitoring. The proposed rule refers to individual sections of the 
General Provisions to emphasize key sections that are relevant. 
However, unless specifically overridden in the proposed rule, all of 
the applicable General Provisions requirements would apply to you.

F. What Are the Testing and Initial Compliance Requirements?

    Compliance Dates. Existing affected sources would have to be in 
compliance with the final standards no later than [Date 3 years after 
the date the final rule is published in the Federal Register]. New and 
reconstructed sources would have to be in compliance upon startup of 
the affected source or no later than [Date the final rule is published 
in the Federal Register], whichever is later.
    The proposed initial compliance period begins on the compliance 
date and ends on the last day of the first full calendar month 
following the compliance date; except that for new and reconstructed 
sources required to conduct performance tests, the initial compliance 
period ends on the last day of the first full calendar month following 
the performance test if the performance test is conducted later than 
the compliance date (the proposed rule allows the test to be conducted 
up to 180 days later). Being ``in compliance'' means that the owner or 
operator of the affected source meets the requirements to achieve the 
proposed emission limitations by the end of the initial compliance 
period. At the end of the initial compliance period, the owner or 
operator would use the data and records generated to determine whether 
or not the affected source is in compliance for that period. If the 
affected source does not meet the applicable limits and other

[[Page 81138]]

requirements, it is out of compliance for the entire initial compliance 
period.
    Emission Limits. There are several proposed options for complying 
with the proposed emission limits, and the testing and initial 
compliance requirements vary accordingly.
    Option 1: Compliance based on materials used in the affected source
    If you demonstrate compliance based on the materials used, you 
would determine the mass of organic HAP and the volume fraction of 
coating solids in all materials used during the compliance period.
    To determine the mass of organic HAP in coatings, thinners, and 
cleaning materials and the volume fraction of coating solids, you could 
either rely on manufacturer's data or on results from the test methods 
listed below. You may use alternative test methods provided you get EPA 
approval in accordance with the NESHAP General Provisions, 40 CFR 
63.7(f). However, if there is any inconsistency between the test method 
results (either EPA's or an approved alternative) and manufacturer's 
data, the test method results would prevail for compliance and 
enforcement purposes.
     For organic HAP content, use Method 311 of 40 CFR part 63, 
appendix A;
     The proposed rule allows you to use non-aqueous volatile 
matter as a surrogate for organic HAP, which would include all organic 
HAP plus all other organic compounds, and excluding water. If you 
choose this option, use Method 24 of 40 CFR part 60, appendix A; and
     For volume fraction of coating solids, use either Equation 
1 in Sec. 63.4141 of the proposed rule, ASTM Method D2697-86 (1998), or 
ASTM Method D6093-97.
    To demonstrate initial compliance based on the materials used, you 
would be required to demonstrate that either the organic HAP content of 
each coating meets the emission limits and that you use no organic HAP-
containing thinners or cleaning materials, or that the total mass of 
organic HAP in all coatings, thinners, and cleaning materials divided 
by the total volume of coating solids meets the emission limits. For 
the latter option, you would be required to:
     Determine the quantity of each coating, thinner, and 
cleaning material used.
     Determine the mass of organic HAP in each coating, 
thinner, and cleaning material.
     Determine the volume fraction of coating solids for each 
coating.
     Calculate the total mass of organic HAP in all materials 
and total volume of coating solids for the compliance period. You may 
subtract from the total mass of organic HAP the amount contained in 
waste materials you send to a hazardous waste treatment, storage, and 
disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
     Calculate the ratio of the total mass of organic HAP for 
the materials used to the total volume of coating solids used.
     Record the calculations and results and include them in 
your Notification of Compliance Status.
    Option 2: Compliance based on using a capture system and add-on 
control device
    If you use a capture system and add-on control device, other than a 
solvent recovery system for which you conduct a liquid-liquid material 
balance, your testing and initial compliance requirements are as 
follows:
     Conduct an initial performance test to determine the 
capture and control efficiencies of the equipment and to establish 
operating limits to be achieved on a continuous basis. The performance 
test would have to be completed no later than the compliance date for 
existing sources and 180 days after the compliance date for new and 
reconstructed sources. You would also need to schedule it in time to 
obtain the results for use in completing your compliance determination 
for the initial compliance period.
     Determine the mass of organic HAP in each material and the 
volume fraction of coating solids for each coating used during the 
initial compliance period.
     Calculate the organic HAP emissions from the controlled 
coating operations using the capture and control efficiencies 
determined during the performance test and the total mass of organic 
HAP in materials used in controlled coating operations.
     Calculate the ratio of the total mass of HAP emissions to 
the total volume of coating solids used during the initial compliance 
period.
     Record the calculations and results and include them in 
your Notification of Compliance Status.
    If you use a capture system and add-on control device, other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances, you would determine both the efficiency of the capture system 
and the emission reduction efficiency of the control device. To 
determine the capture efficiency, you would either verify the presence 
of a permanent total enclosure using EPA Method 204 of 40 CFR part 51, 
appendix M (and all materials must be applied and dried within the 
enclosure); or use one of three protocols in Sec. 63.4165 to measure 
capture efficiency. If you have a permanent total enclosure and all 
materials are applied and dried within the enclosure and you route all 
exhaust gases from the enclosure to a control device, you would assume 
100 percent capture.
    To determine the emission reduction efficiency of the control 
device, you would conduct measurements of the inlet and outlet gas 
streams. The test would consist of three runs, each run lasting 1 hour, 
using the following EPA Methods in 40 CFR part 60, appendix A:
     Method 1 or 1A for selection of the sampling sites.
     Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate.
     Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight.
     Method 4 to determine stack moisture.
     Method 25 or 25A to determine organic volatile matter 
concentration. Alternatively, any other test method or data that have 
been validated according to the applicable procedures in Method 301 of 
40 CFR part 63, appendix A, and approved by the Administrator, could be 
used.
    If you use a solvent recovery system, you could determine the 
overall control efficiency using a liquid-liquid material balance 
instead of conducting an initial performance test. If you use the 
material balance alternative, you would be required to measure the 
amount of all materials used in the affected source during the 
compliance period and determine the total volatile matter contained in 
these materials. You would also measure the amount of volatile matter 
recovered by the solvent recovery system during the compliance period. 
Then you would compare the amount recovered to the amount used to 
determine the overall control efficiency, and apply this efficiency to 
the organic HAP-to-coating solids ratio for the materials used. You 
would record the calculations and results and include them in your 
Notification of Compliance Status.
    Operating Limits. As mentioned above, you would establish operating 
limits as part of the initial performance test of a capture system and 
control device, other than a solvent recovery system for which you 
conduct liquid-liquid material balances. The operating limits are the 
minimum or maximum (as applicable) values achieved for capture systems 
and control devices during the most recent performance test that 
demonstrated compliance with the emission limits. If you operate your 
capture system and control device at different sets of representative 
operating conditions, you must establish operating limits for the 
parameters for each different operating condition.

[[Page 81139]]

    The proposed rule specifies the parameters to monitor for the types 
of emission control systems commonly used in the industry. You would be 
required to install, calibrate, maintain, and continuously operate all 
monitoring equipment according to manufacturer's specifications and 
ensure that the continuous parameter monitoring systems (CPMS) meet the 
requirements in Sec. 63.4168 of the proposed rule. If you use control 
devices other than those identified in the proposed rule, you would 
submit the operating parameters to be monitored to the Administrator 
for approval. The authority to approve the parameters to be monitored 
is retained by EPA and is not delegated to States.
    If you use a thermal or catalytic oxidizer, you would continuously 
monitor the appropriate temperature and record it at least every 15 
minutes. For thermal oxidizers, the temperature monitor is placed in 
the firebox or in the duct immediately downstream of the firebox before 
any substantial heat exchange occurs. The operating limit would be the 
average temperature measured during the performance test, and for each 
consecutive 3-hour period the average temperature would have to be at 
or above this limit. For catalytic oxidizers, temperature monitors are 
placed immediately before and after the catalyst bed. The operating 
limits would be the average temperature just before the catalyst bed 
and the average temperature difference across the catalyst bed during 
the performance test, and for each 3-hour period the average 
temperature and the average temperature difference would have to be at 
or above these limits.
    If you use a carbon adsorber and do not conduct liquid-liquid 
material balances to demonstrate compliance, you would monitor the 
carbon bed temperature after each regeneration and the total amount of 
steam or nitrogen used to desorb the bed for each regeneration. The 
operating limits would be the carbon bed temperature (not to be 
exceeded) and the amount of steam or nitrogen used for desorption (to 
be met as a minimum).
    If you use a condenser, you would monitor the outlet gas 
temperature to ensure that the air stream is being cooled to a low 
enough temperature. The operating limit would be the average condenser 
outlet gas temperature measured during the performance test, and for 
each consecutive 3-hour period the average temperature would have to be 
at or below this limit.
    For each capture system that is not a permanent total enclosure, 
you would establish operating limits for gas volumetric flow rate or 
duct static pressure for each enclosure or capture device. The 
operating limit would be the average volumetric flow rate or duct 
static pressure during the performance test, to be met as a minimum. 
For each capture system that is a permanent total enclosure, the 
operating limit would require the average facial velocity of air 
through all natural draft openings to be at least 200 feet per minute 
or the pressure drop across the enclosure to be at least 0.007 inches 
water.

G. What Are the Continuous Compliance Provisions?

    Emission Limits. If you demonstrate compliance with the proposed 
emission limits based on the materials used, you would demonstrate 
continuous compliance if, for each monthly compliance period, the ratio 
of organic HAP to coating solids is less than or equal to the emission 
limits. You would follow the same procedures for calculating the 
organic HAP to coating solids ratio that you used for the initial 
compliance period.
    For each coating operation on which you use a capture system and 
control device, other than solvent recovery for which you conduct a 
liquid-liquid material balance, you would use the continuous parameter 
monitoring results for the month in determining the mass of organic HAP 
emissions. If the monitoring results indicate no deviations from the 
operating limits and there were no bypasses of the control device, you 
would assume the capture system and control device are achieving the 
same percent emission reduction efficiency as they did during the most 
recent performance test in which compliance was demonstrated. You would 
then apply this percent reduction to the total mass of organic HAP in 
materials used in controlled coating operations to determine the 
monthly emission rate from those operations. If there were any 
deviations from the operating limits during the month or any bypasses 
of the control device, you would account for them in the calculation of 
the monthly emission rate by assuming the capture system and control 
device were achieving zero emission reduction during the periods of 
deviation.
    For each coating operation on which you use a solvent recovery 
system and conduct a liquid-liquid material balance each month, you 
would use the liquid-liquid material balance to determine control 
efficiency. To determine the overall control efficiency, you must 
measure the amount of all materials used during each month and 
determine the volatile matter content of these materials. You must also 
measure the amount of volatile matter recovered by the solvent recovery 
system during the month, calculate the overall control efficiency, and 
apply it to the total mass of organic HAP in the materials used to 
determine total organic HAP emissions.
    Operating Limits. If you use a capture system and control device, 
the proposed rule would require you to achieve on a continuous basis 
the operating limits you establish during the performance test. If the 
continuous monitoring shows that the capture system and control device 
are operating outside the range of values established during the 
performance test, you have deviated from the established operating 
limits.
    If you operate a capture system and control device that allow 
emissions to bypass the control device, you would have to demonstrate 
that HAP emissions from each emission point within the affected source 
are being routed to the control device by monitoring for potential 
bypass of the control device. You may choose from the following four 
monitoring procedures:
     Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device;
     Car-seal or lock-and-key valve closures to secure the 
bypass line valve in the closed position when the control device is 
operating;
     Valve closure continuous monitoring to ensure any bypass 
line valve or damper is closed when the control device is operating; or
     Automatic shutdown system to stop the coating operation 
when flow is diverted from the control device.
    If the bypass monitoring procedures indicate that emissions are not 
routed to the control device, you have deviated from the emission 
limits.
    Operations During Startup, Shutdown, and Malfunction. If you use a 
capture system and control device for compliance, you would be required 
to develop and operate according to a startup, shutdown, and 
malfunction plan during periods of startup, shutdown, and malfunction 
of the capture system and control device.
    Emissions Reductions Plan for Mixing, Storage, and Waste Handling. 
If you use a capture system and add-on control device for compliance, 
you would be required to develop and operate according to a plan for 
reducing emissions from mixing operations, storage tanks or other 
containers, and waste handling operations. This plan would include a 
description of all steps taken to minimize emissions from these sources 
(e.g., using closed storage containers practices to minimize emissions 
during filling and transfer of

[[Page 81140]]

contents from containers, using spill minimization techniques, placing 
solvent-laden cloth in closed containers immediately after use, etc.). 
If you do not develop a plan for reducing HAP emissions or you do not 
implement the plan, this would be a deviation from the work practice 
standard. You would have to make the emissions reductions plan 
available for inspection if the Administrator requests to see it. Under 
the option where emissions are reduced by using lower-HAP or no-HAP 
materials, we are assuming that all the HAP in the materials entering 
the affected source are volatilized (emitted), unless the facility can 
show that a portion of the HAP released is recovered. Therefore, 
emissions from operations occurring within the affected source (e.g., 
mixing operations) are accounted for in the estimate of total materials 
usage at the affected source. However, when you comply by using capture 
systems and add-on control devices, these systems and control devices 
may not be associated with some operations within the affected source, 
such as the mixing, storage, and waste handling operations. An 
emissions reductions plan is needed to assure that emissions are 
reduced from those uncontrolled operations using best available 
practices. When the plan is instituted as a work practice, it should 
provide a level of quality control and assurance.

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

    You are required to comply with the applicable requirements in the 
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in 
the proposed rule. The General Provisions notification requirements 
include: initial notifications, notification of performance test if you 
are complying using a capture system and control device, notification 
of compliance status, and additional notifications required for 
affected sources with continuous monitoring systems. The General 
Provisions also require certain records and periodic reports.
    Initial Notifications. If the proposed standards apply to you, you 
must send a notification to the EPA Regional Office in the region where 
your facility is located, and to your State agency, at least 1 year 
before the compliance date for existing sources and within 120 days 
after the date of initial startup for new and reconstructed sources, or 
120 days after publication of the final rule, whichever is later. That 
report notifies us and your State agency that you have an existing 
facility that is subject to the proposed standards or that you have 
constructed a new facility. Thus, it allows you and the permitting 
authority to plan for compliance activities. You would also need to 
send a notification of planned construction or reconstruction of a 
source that would be subject to the proposed rule and apply for 
approval to construct or reconstruct.
    Notification of Performance Test. If you demonstrate compliance by 
using a capture system and control device for which you do not conduct 
a liquid-liquid material balance, you would conduct a performance test. 
The performance test would be required no later than the compliance 
date for an existing affected source, and no later than 180 days after 
startup or 180 days after publication of the final rule, whichever is 
later, for a new or reconstructed source. You must notify us (or the 
delegated State or local agency) at least 60 calendar days before the 
performance test is scheduled to begin, as indicated in the General 
Provisions for the NESHAP.
    Notification of Compliance Status. Your compliance procedures would 
depend on which compliance option you choose. For each compliance 
option, you would send us a Notification of Compliance Status within 30 
days after the end of the initial compliance period. In the 
notification, you would certify whether the affected source has 
complied with the proposed standards, identify the option(s) you used 
to demonstrate initial compliance, summarize the data and calculations 
supporting the compliance demonstration, and describe how you will 
determine continuous compliance.
    If you elect to comply by using a capture system and control device 
for which you conduct performance tests, you must provide the results 
of the tests. Your notification would also include the measured range 
of each monitored parameter and the operating limits established during 
the performance test, and information showing whether the source has 
complied with its operating limits during the initial compliance 
period.
    Recordkeeping Requirements. You would be required to keep records 
of reported information and all other information necessary to document 
compliance with the proposed rule for 5 years. As required under the 
General Provisions, records for the 2 most recent years must be kept 
on-site; the other 3 years' records may be kept off-site. Records 
pertaining to the design and operation of the control and monitoring 
equipment must be kept for the life of the equipment.
    Depending on the compliance option that you choose, you may need to 
keep records of the following:
     Organic HAP content, volatile matter content, coating 
solids content, and quantity of the coatings, thinners, and cleaning 
materials used during each compliance period; and
     All documentation supporting initial notifications and 
notifications of compliance status.
    If you demonstrate compliance by using a capture system and control 
device, you would also need to keep records of the following:
     The occurrence and duration of each startup, shutdown, or 
malfunction of the emission capture system and control device;
     All maintenance performed on the capture system and 
control device;
     Actions taken during startup, shutdown, and malfunction 
that are different from the procedures specified in the affected 
source's startup, shutdown, and malfunction plan;
     All information necessary to demonstrate conformance with 
the affected source's startup, shutdown, and malfunction plan when the 
plan procedures are followed;
     All information necessary to demonstrate conformance with 
the affected source's plan for minimizing emissions from mixing, 
storage, and waste handling operations;
     Each period during which a CPMS is malfunctioning or 
inoperative (including out-of-control periods);
     All required measurements needed to demonstrate compliance 
with the standards; and
     All results of performance tests.
    The proposed rule would require you to collect and keep records 
according to certain minimum data requirements for the CPMS. Failure to 
collect and keep the specified minimum data would be a deviation that 
is separate from any emission limits, operating limits, or work 
practice standards.
    Deviations, as determined from these records, would need to be 
recorded and also reported. A deviation is any instance when any 
requirement or obligation established by the proposed rule including, 
but not limited to, the emission limits, operating limits, and work 
practice standards, is not met.
    If you use a capture system and control device to reduce HAP 
emissions, you would have to make your startup, shutdown, and 
malfunction plan available for inspection if the Administrator requests 
to see it. It would stay in your records for the life of the affected 
source or until the source is no longer subject to the proposed 
standards. If you revise the plan, you

[[Page 81141]]

would need to keep the previous superseded versions on record for 5 
years following the revision.
    Periodic Reports. Each reporting year is divided into two 
semiannual reporting periods. If no deviations occur during a 
semiannual reporting period, you would submit a semiannual report 
stating that the affected source has been in continuous compliance. If 
deviations occur, you would include them in the report as follows:
     Report each deviation from the monthly emission limit.
     If you are complying by using a thermal oxidizer, report 
all times when a consecutive 3-hour average temperature is below the 
operating limit.
     If you are complying by using a catalytic oxidizer, report 
all times when a consecutive 3-hour average temperature difference 
across the catalyst bed is below the operating limit, and also report 
all times when a 3-hour average temperature before the catalyst bed is 
below the operating limit.
     If you are complying by using oxidizers, or solvent 
recovery systems where liquid-liquid material balances are not 
conducted, report all times when the value of the site-specific 
operating parameter used to monitor the capture system performance was 
less than the operating limit established for the capture system.
     If you are complying by using a carbon adsorber for which 
you do not conduct liquid-liquid material balances, report all times 
when the steam or nitrogen flow is less than the operating limit and 
also report all times when the carbon bed temperature is more than the 
operating limit.
     If you are complying by using a condenser, report all 
times when a 3-hour average outlet temperature is higher than the 
operating limit.
     If your capture system contains bypass lines that could 
divert emissions from the control device to the atmosphere, report all 
times when emissions were not routed to the control device.
     Report other specific information on the periods of time 
the deviations occurred.
    You would also have to include an explanation in each semiannual 
report if a change occurs that might affect the compliance status of 
the affected source, or you change to another option for meeting the 
emission limit.
    Other Reports. You would be required to submit reports for periods 
of startup, shutdown, and malfunction of the capture system and control 
device. If the procedures you follow during any startup, shutdown, or 
malfunction are inconsistent with your plan, you would report those 
procedures with your semiannual reports in addition to immediate 
reports required by Sec. 63.10(d)(5)(ii).

III. Rationale for Selecting the Proposed Standards

A. How Did We Select the Source Category?

    The surface coating of large appliances is a source category that 
is on the list of source categories to be regulated because it contains 
major sources which emit or have the potential to emit at least 10 tons 
of any one HAP or at least 25 tons of any combination of HAP annually. 
The proposed rule would control HAP emissions from both new and 
existing major sources. Area sources are not being regulated under this 
proposed rule.
    The surface coating of large appliances as described in the listing 
includes any facility engaged in the surface coating of large appliance 
parts or products. We use the large appliance product lists contained 
in the SIC and NAICS code descriptions to describe the vast array of 
large appliance parts and products.
    We intend the source category to include facilities for which the 
surface coating of large appliances is either their principal activity 
or an integral part of a production process that is the principal 
activity. Most coating operations are located at plant sites that are 
dedicated to these activities. However, some may be located at sites 
for which some other activity is principal. Collocated surface coating 
operations comparable to the types and sizes of the dedicated 
facilities, in terms of the coating operation and applicable emission 
control techniques, are included in the source category.
    The source category does not include research or laboratory 
facilities or janitorial, building, and facility maintenance 
operations.

B. How did we select the regulated pollutants?

    Organic HAP. Available emission data collected during the 
development of the proposed NESHAP show that the primary organic HAP 
emitted from the surface coating of large appliances include xylene, 
glycol ethers, toluene, methylene diphenyl diisocyanate, and methyl 
ethyl ketone. These compounds account for approximately 82 percent of 
this category's nationwide organic HAP emissions. However, many other 
organic HAP are used, or can be used, in large appliance coatings, 
thinners, and cleaning materials. Therefore, the proposed rule would 
regulate emissions of all organic HAP.
    Inorganic HAP. Although most of the coatings used in this source 
category do not contain inorganic HAP, some special purpose coatings 
used by this source category do contain inorganic HAP such as chromium, 
cobalt, lead, and manganese. Emissions of these materials to the 
atmosphere are minimal because the facilities in this source category 
employ either water curtains or dry filters that remove overspray 
particles from the spray booth exhaust. At this time, it does not 
appear that emissions of inorganic HAP from this source category 
warrant Federal regulation.

C. How Did We Select the Affected Source?

    In selecting the affected source(s) for emission standards, our 
primary goal is to ensure that MACT is applied to HAP-emitting 
operations or activities within the source category being regulated. 
The affected source also serves to establish where new source MACT 
applies under a particular standard. Specifically, the General 
Provisions in subpart A of 40 CFR part 63 define the terms 
``construction'' and ``reconstruction'' with reference to the term 
``affected source'' and provide that new source MACT applies when 
construction or reconstruction of an affected source occurs. The 
collection of equipment and activities evaluated in determining MACT 
(including the MACT floor) is used in defining the affected source.
    When an emission standard is based on a collection of emissions 
sources, or total facility emissions, we select an affected source 
based on that same collection of emission sources, or the total 
facility, as well. This approach for defining the affected source 
broadly is particularly appropriate for industries where a plantwide 
emission standard provides the opportunity and incentive for owners and 
operators to utilize control strategies that are more cost effective 
than if separate standards were established for each emission point 
within a facility.
    Selection of Affected Source. The affected source for these 
proposed standards is broadly defined to include all operations 
associated with the coating of large appliances and the cleaning of 
product substrates or coating operation equipment. These operations 
include storage and mixing of coatings and other materials; surface 
preparation of the large appliances prior to coating application; 
coating application and flash-off, drying and curing of applied

[[Page 81142]]

coatings; cleaning operations; and waste handling operations.
    In selecting the affected source, we considered, for each 
operation, the extent to which HAP-containing materials are used and 
the amount of HAP that are emitted. Cleaning and coating application, 
flash-off, and curing/drying operations account for the majority of HAP 
emissions at large appliance surface coating operations. These 
operations are included in the affected source.
    We were not able to obtain data to adequately quantify HAP 
emissions from storage, mixing, and waste handling. However, solvents 
that are added to coatings as thinners, and other HAP-containing 
additives to coatings, may be emitted during mixing and storage. The 
level of emissions depends on the type of mixing and the type of 
storage container and the work practices used at the facility. 
Emissions from waste handling operations depend on the type of system 
used to collect and transport organic HAP-containing waste coatings, 
thinners, and cleaning materials in the facility. For example, solvent-
laden rags that are used to clean spray booths or tanks could be a 
source of HAP emissions. The method used to isolate and store such rags 
affects the level of emissions to ambient air. Mixing, storage, and 
waste handling operations are included in the affected source.
    A broad definition of the affected source was selected to provide 
maximum flexibility in complying with the proposed emission limits for 
organic HAP. In planning its total usage of HAP-containing materials, 
each facility can select among available coatings, thinners, and 
cleaning materials to comply with the proposed limits.
    Additional information on the large appliance surface coating 
operations selected for regulation, and other operations, are included 
in the docket for the proposed standards.

D. How did we determine the basis and level of the proposed standards 
for existing and new sources?

    The sections below present the rationale for determining the MACT 
floor, regulatory alternatives beyond the floor, and selection of the 
proposed standards for existing and new affected sources.
    How did we determine the MACT floor technology? After we identify 
the specific source categories or subcategories of sources to regulate 
under section 112 of the CAA, we must develop emission standards for 
each category and subcategory. Section 112(d)(3) establishes a minimum 
baseline or ``floor'' for standards. For new sources in a category or 
subcategory, the standards cannot be less stringent than the emission 
control that is achieved in practice by the best-controlled similar 
source. The 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 (or the best-performing five sources for categories 
or subcategories with fewer than 30 sources).
    Within the large appliance industry, organic HAP emission control 
for cleaning and surface coating operations is accomplished primarily 
through the use of lower-HAP coatings, thinners, and cleaning 
materials. Add-on capture and control systems for organic HAP are 
rarely used by the industry. While lower organic HAP materials have 
achieved broad use throughout the industry, each particular coating 
technology is not used at every facility. Rather, facilities use 
various combinations of low-HAP coatings, thinners, and cleaning 
materials. Thus, we judged the most reasonable approach to establishing 
a MACT floor to be the evaluation of a facility's organic HAP emissions 
from all coating-related operations. To account for differences in 
production levels from one facility to another, we normalized the 
organic HAP emission rate by the volume of coating solids used. We 
believe coating solids usage is an appropriate indicator of overall 
production levels.
    We used information obtained from industry survey responses to 
estimate the sourcewide organic HAP emission rate from each survey 
respondent. We calculated total organic HAP emissions by assuming that 
100 percent of the volatile components in all coatings (including 
adhesives), thinners, and cleaning materials (including surface 
preparation materials) are emitted. Major sources were identified as: 
those facilities that listed ``major source'' or ``synthetic minor 
source'' as their title V status on their questionnaire response; those 
facilities that reported their HAP emissions under ``maximum design 
capacity'' as greater than 9.1 megagrams per year (Mg/yr) (10 tpy); and 
other facilities that we judged to have the capacity to increase their 
HAP emissions to at least 9.1 Mg/yr, even though they did not identify 
themselves as major or synthetic minor sources. The final group of 
facilities were included because they reported actual HAP emissions of 
greater than 3 Mg (3.3 tons) during the reporting year and did not 
report a ``maximum design capacity.'' If these facilities operate at 
full capacity over multiple shifts each day, their annual emission rate 
may equal or exceed 9.1 Mg/yr.
    The survey response information was used to determine the total 
volume of coating solids used by each source from all types of 
coatings. We included decorative, protective, and functional coatings 
in this total.
    Using the sourcewide organic HAP emissions and the total volume of 
coating solids used for each survey respondent, we calculated the 
normalized organic HAP emissions (emission rate) in units of kilograms 
organic HAP per liter of coating solids used. The facilities were then 
ranked from the lowest emission rate to the highest, with the following 
exceptions. Facilities that reported the predominant use of powder 
coatings (greater than 90 percent of all coating solids usage) were 
excluded from the MACT floor calculations. While powder coating 
technology is a proven low-HAP coating technology, its applicability is 
not considered to be universal for all products manufactured within the 
source category. For those facilities whose products can be coated with 
this technology, the use of powder coatings is a very effective and 
efficient means of reducing HAP emissions. The degree of HAP reductions 
that can be achieved with the powder coating technology is close to 100 
percent. However, because many large appliance parts and products 
cannot be satisfactorily coated with powder coating technology, we 
concluded that it would not be appropriate to define the MACT floors 
based primarily on their use. Facilities that used lesser amounts of 
powder coatings in combination with other low-HAP coating technologies 
were included in the MACT floor determination.
    For some facilities, the organic HAP to coating solids ratio was 
very low due to the facilities' usage of unusually large quantities of 
low-HAP and non-HAP adhesives. The low- and non-HAP adhesives usage for 
these facilities ranged from 40 to 84 percent of all coating solids. 
While many facilities in the source category use adhesives (a 
functional coating), their use is not as widespread compared to the 
decorative and protective coatings usually associated with the 
appearance of large appliance products. On the average, adhesive usage 
among all facilities in the source category database is about 4 percent 
of the total solids used. We concluded that because of the specific 
function served by adhesives, the low-HAP adhesive technology employed 
in the facilities described above may not be transferable to the 
decorative and

[[Page 81143]]

protective coatings which account for the remaining 96 percent of 
coating solids usage in the industry. Thus, we concluded that the 
facilities using atypically large quantities of these adhesives 
relative to decorative and protective coatings should not be included 
in the floor determination of existing sources or new sources.
    For the existing source MACT floor, the top 12 percent of the 
facilities were determined based on the number of facilities in the 
MACT floor database (95 database facilities  x 12 percent=11.4). 
Because the calculated value was greater than 11, we used data from 12 
facilities to determine the MACT floor. The floor was calculated as the 
arithmetic average of the emission rates of the top 12 best-performing 
representative facilities.
    This process resulted in a MACT floor equal to 0.13 kg HAP/liter of 
coating solids (1.1 lb/gal). The survey data showed no appreciable 
differences between the floor facilities and the remaining facilities 
in the database in terms of the substrates coated, the coating 
technologies used, or the applicability of control measures across the 
various operations. Therefore, we believe the floor level of control is 
achievable by all existing sources.
    The best performing facility in our database has an emission rate 
of 0.022 kg HAP/liter of coating solids (0.18 lb/gal). This facility 
operates under SIC 3585 and manufactures supermarket display cases and 
equipment. This facility uses both solvent-based coatings and powder 
coatings and is considered similar to the other sources in the category 
in terms of the substrate coated and the coating technologies used. 
Therefore, the new source MACT floor was based on the data from this 
facility and was determined to be 0.022 kg HAP/liter (0.18 lb/gal) of 
coating solids.
    How did we consider beyond-the-floor technology? After the floors 
have been determined for new and existing sources in a source category 
or subcategory, we must set emission standards that are technically 
achievable and no less stringent than the floors. Such standards must 
then be met by all sources within the category or subcategory. We 
identify and consider any reasonable regulatory alternatives that are 
``beyond-the-floor,'' taking into account emissions reductions, cost, 
non-air quality health and environmental impacts, and energy 
requirements. These alternatives may be different for new and existing 
sources because of different MACT floors, and separate standards may be 
established for new and existing sources.
    We identified three regulatory alternatives more stringent than the 
MACT floor level of control for organic HAP. These alternatives were 
conversion to powder coatings; conversion to liquid coatings that have 
a very low, or no, organic HAP content; and use of add-on capture 
systems and control devices.
    Information indicates that several large appliance surface coating 
facilities have converted to using only powder coatings. Such 
facilities typically produce a single type of product (such as laundry 
equipment), do not require unusual finishes, and use a small number of 
colors. Many large appliance surface coating facilities, however, 
manufacture more than one product and often use a wide array of colors. 
Although powder coatings may be somewhat more durable than conventional 
liquid coatings, specialty finishes such as antique and crackle, as 
well as the palette of designer colors offered by some manufacturers, 
may not be adequately duplicated by powder coatings. Consequently, 
while powder coating is a proven technology that can be used in many 
situations, it is not universally applicable in the large appliance 
industry and was, therefore, rejected as a beyond-the-floor option.
    Lower organic HAP liquid coatings fall into two primary categories. 
The most common category is coatings formulated with solvents that are 
not organic HAP (but may be VOC). The second category is those coatings 
that result from alternate technologies such as ultraviolet (UV)--
curable coatings and electron beam (EB)--curable coatings. These 
coatings do not employ organic HAP or VOC to keep the pigment and other 
components of the coating in solution until curing. Therefore, organic 
HAP emissions are very small.
    These lower organic HAP coatings are currently in production use in 
some industries, but their applicability in the large appliance 
industry is limited. Given the limited applicability of UV--curable and 
EB--curable coatings, we do not believe it is feasible to require the 
use of these coatings and rejected them as a beyond-the-floor option 
for organic HAP.
    It is technically feasible to reduce emissions from affected 
sources by at least 95 percent through the use of capture systems and 
add-on control devices. Based on the model plants analysis used to 
estimate the impacts of the proposed rule, over half of the existing 
facilities will be required to achieve HAP emissions reductions of 
greater than 80 percent to meet the existing source MACT floor level of 
control. For these facilities, the incremental HAP reductions that 
could be achieved by using capture systems and control devices to 
comply with a ``beyond-the-floor'' alternative of 95 percent reduction 
would range from about 0.30 Mg (0.33 tons) to about 1.7 Mg (1.9 tons). 
The estimated cost of a permanent total enclosure and a control device, 
such as an oxidizer, for these facilities could be as much as $1 
million. We believe the incremental emissions reductions that would be 
achieved at this time do not warrant the additional cost that each 
existing source would incur by using add-on control systems. Therefore, 
we rejected requiring capture systems and add-on control devices as a 
beyond-the-floor option for organic HAP.
    How did we select the proposed standards? For existing sources, we 
based the proposed standards on the existing source MACT floor. As 
described earlier, we determined that beyond-the-floor options were not 
technically or economically feasible for all existing sources. For the 
same reasons, we based the proposed standards for new sources on the 
new source MACT floor.
    The MACT levels of control for new and existing sources can be 
achieved in several different ways. Many sources would be able to use 
lower-HAP coatings, although they may not be available to meet the 
needs of every source. If a source is also using cleaning materials 
that contain organic HAP, then it may be able to switch to lower-HAP or 
non-HAP cleaning materials, which are widely available, to reduce the 
sourcewide organic HAP emissions rate to the MACT level. Other 
available options are the use of powder coatings or capture systems and 
add-on control devices to reduce emissions.
    We note here that our assumption, used in the development of the 
MACT floors, that 100 percent of the organic HAP in the materials used 
are emitted by the affected source would not apply when the source 
sends waste organic HAP-containing materials to a facility for 
treatment or disposal. We made that assumption because the industry 
survey responses provided little information as to the amount of 
organic HAP recovered and recycled or treated and disposed. We, 
therefore, concluded that that practice may not be common within the 
large appliance industry. We recognize, however, that some large 
appliance facilities may conduct such activities and should be allowed 
to account for such activities in determining their emissions. Thus, 
the proposed rule allows you to reduce the organic HAP emissions by the 
amount of any organic HAP contained in waste treated or disposed at a 
hazardous waste treatment, storage, and disposal facility

[[Page 81144]]

that is regulated under 40 CFR part 262, 264, 265, or 266.

E. How did we select the format of the standards?

    Numerical emission standards are required by section 112(h) of the 
CAA unless we can justify that it is not feasible to prescribe or 
enforce an emission standard, in which case a design, equipment, work 
practice, or operational standard can be set.
    We selected the format of the standards to be mass of organic HAP 
per volume of coating solids. The performance-based nature of this 
proposed format would allow large appliance coating operation owners 
and operators flexibility in choosing any combination of means 
(including coating reformulation, use of lower-HAP or non-HAP 
materials, solvent elimination, work practices, and add-on control 
devices) to comply with the emission limits that is workable for their 
particular situations.
    We selected volume of coating solids as a component of the proposed 
standards to normalize the rate of organic HAP emissions across all 
sizes and types of facilities. We selected the volume of coating solids 
used because it is directly related to the surface area coated (i.e., 
the average dry film thickness of coatings on most large appliance 
parts or products is generally consistent) and, therefore, provides an 
equitable basis for all coatings, regardless of differences in coating 
densities. A format based on the mass or weight of coating solids 
(instead of volume) could result in inequitable standards for higher-
density pigmented coatings, such as basecoats or enamels, compared to 
coatings with lower densities per unit volume.
    Other choices for the format of the standards that we considered, 
but rejected, included a usage limit (mass per unit time) and a never-
to-be-exceeded limit on the organic HAP content of coatings, solvents, 
or cleaning materials. As it is not our intent to limit a facility's 
production under these proposed standards, we rejected a usage limit. 
We also rejected a never-to-be-exceeded limit, as the proposed 
standards allow averaging of HAP emissions from the materials used 
during the compliance period.

F. How did we select the testing and initial compliance requirements?

    The proposed standards would allow you to choose among several 
methods to demonstrate compliance with the proposed standards for 
organic HAP: coatings with low or no organic HAP; an overall organic 
HAP emission rate from all coatings, thinners, and cleaning materials 
that is less than the applicable emission limit; or capture systems and 
control devices.
    Coatings with Low or No Organic HAP. You would be required to 
document the organic HAP content of all coatings and show that each is 
less than the applicable emission limit. You would also have to show 
that each thinner and each cleaning material used contains no organic 
HAP. Method 311 is the method developed by EPA for determining the mass 
fraction of organic HAP in coatings and has been used in previous 
surface coating NESHAP. We have not identified any other methods that 
provide advantages over Method 311 for use in the proposed standards.
    Method 24 is the method developed by EPA for determining the mass 
fraction of volatile matter for coatings and can be used if you choose 
to determine the non-aqueous volatile matter content as a surrogate for 
organic HAP. In past standards, VOC emission control measures have been 
implemented in coating industries, with Method 24 as the compliance 
method. We have not identified any other methods that provide 
advantages over Method 24 for use in the proposed standards.
    The proposed requirements for determining volume fraction of 
coating solids would allow you to choose between calculating the value 
using Equation 1 in Sec. 63.4141 of the proposed standards or measuring 
the volume with either ASTM Method D2697-86 (1998) or ASTM Method 
D6093-97.
    Overall Organic HAP Emission Rate. To demonstrate initial 
compliance using this option, you would calculate the organic HAP 
emission rate for one or more coating operations in the affected 
source, based on the mass of organic HAP in all coatings, thinners, and 
cleaners and the volume of coating solids used during the compliance 
period, and demonstrate that it does not exceed the applicable emission 
limit. You would determine these values using the methods discussed 
previously.
    Capture Systems and Control Devices. If you use a capture system 
and control device, other than a solvent recovery device for which you 
conduct a liquid-liquid material balance, you would be required to 
conduct an initial performance test of the system to determine its 
overall control efficiency. For a solvent recovery system for which you 
conduct a liquid-liquid material balance, you would determine the 
quantity of volatile matter applied and the quantity recovered during 
the initial compliance period to determine its overall control 
efficiency. For both cases, the overall control efficiency would be 
combined with the monthly mass of organic HAP in the coatings and other 
materials used to calculate the monthly HAP emission rate in kg HAP/
liter of coating solids. If you conduct a performance test, you would 
also determine parameter operating limits during the test. The test 
methods that the proposed standards would require for the performance 
test have been required under many standards of performance for 
industrial surface coating sources under 40 CFR part 60 and NESHAP 
under 40 CFR part 63. We have not identified any other methods that 
provide advantages over these methods.

G. How Did We Select the Continuous Compliance Requirements?

    To ensure continuous compliance with the proposed organic HAP 
emission limits and/or operating limits, the proposed standards would 
require continuous parameter monitoring of capture systems and control 
devices and recordkeeping. We selected the following requirements based 
on reasonable cost, ease of execution, and usefulness of the resulting 
data to both the owners or operators and EPA for ensuring continuous 
compliance with the emission limits and/or operating limits.
    We are proposing that certain parameters be continuously monitored 
for the types of capture systems and control devices commonly used in 
the industry. These monitoring parameters have been used in other 
standards for similar industries. The values of these parameters that 
correspond to compliance with the proposed emission limits are 
established during the initial or most recent performance test that 
demonstrates compliance. These values are your operating limits for the 
capture system and control device.
    You would be required to determine 3-hour average values for most 
monitored parameters for the affected source. We selected this 
averaging period to reflect operating conditions during the performance 
test to ensure the control system is continuously operating at the same 
or better control level as during a performance test demonstrating 
compliance with the emission limits.
    To demonstrate continuous compliance with the monthly emission 
limits, you would also need records of the quantity of coatings and 
other materials used and the data and calculations supporting your 
determination of their organic HAP content. If you conduct liquid-
liquid material balances, you would need

[[Page 81145]]

records of the quantity of volatile matter used and the quantity 
recovered by the solvent recovery system each month.

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

    You would be required to comply with the applicable requirements in 
the NESHAP General Provisions, subpart A of 40 CFR part 63, as 
described in Table 2 of the proposed subpart NNNN. We evaluated the 
General Provisions requirements and included those we determined to be 
the minimum notification, recordkeeping, and reporting necessary to 
ensure compliance with, and effective enforcement of, the proposed 
standards.

I. How Did We Select the Compliance Date?

    You would be allowed 3 years to comply with the final standards for 
existing affected sources. This is the maximum period allowed by the 
CAA. We believe that 3 years for compliance is necessary to allow 
adequate time to accommodate the variety of compliance methods that 
existing sources may use. Most sources in this category would need this 
3-year maximum amount of time to develop and test reformulated 
coatings, particularly those that may opt to comply using a different 
lower-emitting coating technology. We want to encourage the use of 
these pollution prevention technologies. In addition, time would be 
needed to establish records management systems required for enforcement 
purposes. Some sources may need the time to purchase and install 
emission capture and control systems. In such cases, you would need to 
obtain a permit for the use of add-on controls, which will require time 
for approval from the permitting authority.
    The CAA requires that new or reconstructed affected sources comply 
with standards immediately upon startup or the effective date of the 
final rule, whichever is later.

IV. Summary of Environmental, Energy, and Economic Impacts

    Model plants were developed to aid in the estimation of the impacts 
the proposed standards would have on the large appliance industry. Four 
model plants distinguished by size, as measured by the total volume of 
coating solids used, were developed. Impacts were then developed for 
each model plant, and these individual impacts were scaled to 
nationwide levels based on the number of facilities corresponding to 
each model plant size. We used the model plant approach because we did 
not have adequate data to estimate impacts for each actual facility.
    A variety of compliance methods are available to the industry to 
meet the proposed emission limits. We analyzed the information obtained 
from the industry survey responses, industry site visits, trade groups, 
and industry representatives to determine which compliance methods 
would most likely be used by existing and new sources. We expect that 
the most widely-used method for existing sources would be low-HAP 
content liquid coatings (coatings with HAP contents at or below the 
emission limits). Powder coatings, no-HAP cleaning materials, and add-
on capture and control systems would likely be used by existing 
sources, but to a lesser extent. Various combinations of these methods 
may be used. New sources are largely expected to use powder coating 
technologies or a combination of low-HAP coatings and no-HAP cleaning 
materials.
    For the purpose of assessing impacts, we assumed that all existing 
sources would convert to liquid coatings and thinners with lower-HAP 
content than presently used and no-HAP cleaning materials. We assumed 
that new sources would use either powder coatings or lower-HAP coatings 
and no-HAP cleaning materials.
    We first estimated the impacts of the proposed emission limits on 
the four model plants. To scale up the model plant impacts to 
nationwide levels, we multiplied the individual model plant impacts by 
the estimated number of major sources in the United States 
corresponding to each plant size. We estimated that there are 74 
existing major source facilities nationwide. For more information on 
how impacts were estimated, see Chapters 6 and 7 of the background 
information document, EPA-453/R-00-006.

A. What Are the Air Impacts?

    For existing major sources, we estimated that compliance with the 
proposed emission limits would result in reductions of nationwide 
organic HAP emissions of 1,080 Mg/yr (1,191 tpy). This represents a 
reduction of 45 percent from the baseline organic HAP emissions of 
2,394 Mg/yr (2,639 tpy).
    For new sources, we have assumed that most, if not all, will use 
coating technologies that are considered to be ``state-of-the-art'' 
coatings (e.g., powder coatings and low-HAP liquid coatings). Powder 
coating technology has advanced rapidly in recent years and is gaining 
widespread acceptance in the large appliance industry. Powder coatings 
are not only very cost effective, their use eliminates the problems 
associated with worker exposure to organic solvents. Many of the 
facilities in the database indicated that they were in the process of 
converting part or all of their coating operations to use powder 
coatings. Also, four of the most recently constructed facilities in the 
database are using powder coatings extensively and have HAP emission 
levels below the MACT level for new sources. For these reasons, we 
project the baseline emission levels for new sources to be at, or 
below, the requirements in the proposed standards. Therefore, we have 
assumed no emissions reductions from new sources attributable to the 
proposed standards.

B. What Are the Cost Impacts?

    We have estimated the costs related to complying with the emission 
limitations and meeting the monitoring, recordkeeping, and reporting 
requirements. The costs to comply with the emission limitations include 
the increased cost of reformulated low-HAP coating materials, as well 
as any capital expenditures that would be required to facilitate the 
use of these materials. Alternatively, facilities could choose to 
purchase, install, and operate capture systems and add-on control 
devices. We have assumed for this analysis that all affected facilities 
will comply through the use of reformulated coatings, thinners, and 
cleaning materials, and that these materials can be utilized without 
the need for capital expenditures. Annual costs for meeting the 
monitoring, recordkeeping, and reporting requirements of the proposed 
rule have also been included.
    Existing sources. To comply with the proposed standards, existing 
facilities will likely use reformulated coatings, thinners, and 
cleaning materials. Compliance costs were estimated to be the 
incremental cost difference between the materials currently used and 
the complying materials. Estimates of cost impacts were based on four 
model plants that were developed to represent the range of sizes and 
coating materials found throughout the industry. Each model plant was 
assumed to comply with the proposed standards by switching to non-HAP 
adhesives, surface preparation materials, and cleaning materials and 
reducing the HAP content of the coatings and thinners. The annual 
incremental cost of the reformulated raw materials ranged from 
approximately $700 for model plant 1, representing the segment of 
industry with the lowest coating solids usage, to $26,000 for model 
plant 4, representing the segment of industry that uses over 200,000 
liters of coating solids. The nationwide cost impact was

[[Page 81146]]

estimated for each industry segment by multiplying the annual costs for 
each model plant by the number of facilities represented by that model 
plant. A total nationwide cost impact associated with material usage 
was estimated by summing the nationwide costs for each of the four 
industry segments. In addition, we included estimates for monitoring, 
recordkeeping, and reporting costs for all 74 affected sources.
    We estimate total nationwide annual costs in the fifth year to 
comply with the proposed emission limits to be $1.63 million for 
existing sources. These costs include approximately $.48 million for 
direct costs associated with material usage and $1.15 million for 
recordkeeping and reporting.
    New sources. We estimate the number of new major sources to be four 
per year, based on an average of the number of new facilities 
constructed from 1993 to 1997. In the absence of the proposed 
standards, we anticipate that most, if not all, new sources will 
primarily use newer coating technologies such as powder coatings, 
higher solids, and low-HAP liquid coatings. Because these coatings are 
very cost effective and new facilities would likely choose to use them 
even in the absence of the proposed standards, no additional costs 
associated with material usage were assigned for complying with the 
proposed standards. Therefore, only the costs of monitoring, 
recordkeeping, and reporting have been assigned to new facilities.
    We estimate the annual cost in the fifth year due to monitoring, 
recordkeeping, and reporting to be $341,000. We estimated $91,000 each 
year for the four new sources ($23,000 per facility) for their initial 
year of monitoring, recordkeeping, and reporting. In each subsequent 
year of operation, the estimated monitoring, recordkeeping, and 
reporting cost is $16,000 per facility.

C. What Are the Economic Impacts?

    We performed an economic impact analysis (EIA) to provide an 
estimate of the facility and market impacts of the proposed standards 
as well as the social costs. In general, we expect the economic impacts 
of the proposed standards to be minimal, with price increases and 
production decreases of less than 0.01 percent. Based on a model 
referred to as a ``perfectly competitive economic model'' of this 
industry, we estimate social costs of approximately $1.62 million in 
the fifth year for existing sources, with the burden being roughly 
equally shared by consumers and producers.
    For affected facilities, the distribution of costs is slanted 
toward the lower impact levels with many facilities incurring only 
those related to monitoring, recordkeeping, and reporting. The EIA 
indicates that these regulatory costs are expected to represent only 
0.01 percent of the value of product shipments, which should not cause 
producers to cease or alter their current operations. Hence, no firms 
or facilities are expected to become at risk of closure because of the 
proposed standards. International trade impacts are expected to be 
negligible because of the very small price increase (i.e., 0.01 
percent). Based on the projected characteristics and costs for new 
sources, we do not expect any differential impact on these sources. For 
more information, refer to the ``Economic Impact Analysis of the 
Proposed NESHAP: Surface Coating of Large Appliances'' (Docket No. A-
97-41).

D. What Are the Non-Air Health, Environmental, and Energy Impacts?

    Based on information from the industry survey responses, we found 
no indication that the use of low organic HAP content coatings, 
thinners, and cleaning materials at existing sources would result in 
any increase or decrease in non-air health, environmental, and energy 
impacts. There would be no change in the utility requirements 
associated with the use of these materials, so there would be no change 
in the amount of energy consumed as a result of the material 
conversion. Also, there would be no significant change in the amount of 
materials used or the amount of waste produced.
    Because new sources are expected to comply with the proposed 
standards through the use of low-HAP coating technologies rather than 
add-on control devices, there would be no significant change in energy 
usage or waste production.

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. 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 section 6 of 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 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 regulation. 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 regulation.
    This proposed rule does not have federalism implications. It 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. Pursuant to the

[[Page 81147]]

terms of Executive Order 13132, it has been determined that this rule 
does not have ``federalism implications,'' because it does not meet the 
necessary criteria. Thus, the requirements of section 6 of the 
Executive Order do not apply to this proposed rule.

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

    Under Executive Order 13084, EPA 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 EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to OMB, in a separately identified section of 
the preamble to the rule, a description of the extent of EPA's 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 EPA 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. No tribal 
governments own or operate large appliance surface coating facilities. 
Accordingly, the requirements of section 3(b) of Executive Order 13084 
do not apply to this action.

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

    Executive Order 13045 (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 EPA has reason to believe may have a 
disproportionate effect on children. If the regulatory action meets 
both criteria, EPA 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 proposed rule is not 
subject to Executive Order 13045 because it does not establish an 
environmental standard based on an assessment of health or safety 
risks. No children's risk analysis was performed because no alternative 
technologies exist that would provide greater stringency at a 
reasonable cost. Furthermore, this rule has been determined not to be 
``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, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and tribal governments, in 
aggregate, or by the private sector, of $100 million or more in any 1 
year. Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA 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 EPA 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 EPA establishes 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 EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has 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 maximum total annual cost of this 
rule for any year has been estimated to be slightly less than $2 
million. Thus, today's proposed rule is not subject to the requirements 
of sections 202 and 205 of the UMRA. In addition, EPA has 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.

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 prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedures 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 the purposes of assessing the impacts of today's proposed rule 
on small entities, small entity is defined as: (1) A small business 
ranging from 100-1,000 employees or less than $3.5 million in annual 
sales; (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.
    In accordance with the RFA and SBREFA, EPA conducted an assessment 
of the proposed standards on small businesses within the large 
appliance coating industry. Based on Small Business Administration size 
definitions and reported sales and employment data, EPA's survey 
identified 221 facilities that apply surface coatings to large 
appliances. These facilities, which include major and area sources, are 
owned by 84 companies. Of these companies, 34 are small businesses. 
Although small

[[Page 81148]]

businesses represent about 40 percent of the companies within the 
source category, they are expected to incur only 10 percent of the 
total industry compliance costs. Under the proposed standards, the 
average annual compliance cost share of sales for small businesses is 
only 0.20 percent, with 26 of the 34 small businesses not expected to 
incur any additional costs because they are area sources or are 
permitted as synthetic minor HAP emission sources. After reviewing the 
range of costs to be borne by small businesses, EPA has determined the 
costs are typically small and, thus, certifies that this action will 
not have a significant impact on a substantial number of small 
entities.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA has nonetheless 
worked aggressively to minimize the impact of this proposed rule on 
small entities, consistent with our obligations under the CAA. We 
solicited input from small entities during the data-gathering phase of 
the proposed rulemaking. We are proposing compliance options which give 
small entities flexibility in choosing the most cost effective and 
least burdensome alternative for their operation. For example, a 
facility could purchase and use low-HAP coatings (i.e., pollution 
prevention) that meet the proposed standards instead of using add-on 
capture and control systems. This method of compliance can be 
demonstrated with minimum burden by using purchase and usage records. 
No testing of materials would be required, as the facility owner could 
show that their coatings meet the emission limits by providing 
formulation data supplied by the manufacturer.
    We continue to be interested in the potential impacts of the 
proposed standards on small entities and welcome comments on issues 
related to such impacts. For more information, consult the docket for 
this project.

G. Paperwork Reduction Act

    The information collection requirements in the proposed rule will 
be submitted for approval to the OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501, et seq. An Information Collection Request (ICR) 
document has been prepared by EPA (ICR No. 1954.01) and a copy may be 
obtained from Sandy Farmer by mail at the Collection Strategies 
Division (2822), U.S. Environmental Protection Agency, 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 EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to Agency policies set 
forth in 40 CFR part 2, subpart B.
    The proposed standards would require maintaining records of all 
coatings, thinners, and cleaning materials data and calculations used 
to determine compliance. This information includes the volume used 
during each monthly compliance period, mass fraction organic HAP, 
density, and, for coatings only, volume fraction of coating solids.
    If an add-on control device is used, records must be kept of the 
capture efficiency of the capture system, destruction or removal 
efficiency of the add-on control device, and the monitored operating 
parameters. In addition, records must be kept of each calculation of 
the affected sourcewide emissions for each monthly compliance period 
and all data, calculations, test results, and other supporting 
information used to determine this value.
    The monitoring, recordkeeping, and reporting burden in the fifth 
year after the effective date of the promulgated rule is estimated to 
be 32,000 labor hours at a cost of $1.50 million for new and existing 
sources.
    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.
    Under the Paperwork Reduction Act, EPA must consider the paperwork 
burden imposed by any information collection request in a proposed or 
final rule. The proposed standards will not impose any new information 
collection requirements beyond those specified in the ICR document.
    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. By U.S. Postal Service, send comments 
on the ICR to the Director, Collection Strategies Division; U.S. 
Environmental Protection Agency (2822); 1200 Pennsylvania Ave., NW, 
Washington, DC 20460 (or by courier, send comments on the ICR to the 
Director, Collection Strategies Division; U.S. Environmental Protection 
Agency (2822); 401 M Street, SW, Room 925H, West Tower; Washington, DC) 
and to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th St., NW., Washington, DC 20503, 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 December 22, 2000, a comment to OMB is 
best assured of having its full effect if OMB receives it by January 
22, 2001. 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

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C. 
272 note), directs EPA to use voluntary consensus standards (VCS) in 
their regulatory and procurement activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. The VCS are 
technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to the OMB, with

[[Page 81149]]

explanations when an agency does not use available and applicable VCS.
    This proposed rulemaking involves technical standards. The EPA 
proposes in this rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 
3, 3A, 3B, 4, 24, 25, 25A, 204, 204A-F, 311, and 316. Consistent with 
the NTTAA, EPA conducted searches to identify VCS in addition to these 
EPA methods. No applicable VCS were identified for EPA Methods 1A, 2A, 
2D, 2F, 2G, 204, 204A-F, and 316. The search and review results have 
been documented and are placed in the docket for this proposed rule.
    Two VCS were identified for determining the volume of coating 
solids (nonvolatiles), and EPA proposes to use them in this rule. The 
standards are ASTM D2697-86 (Reapproved 1998), ``Standard Test Method 
for Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' and 
ASTM D6093-97, ``Standard Test Method for Percent Volume Nonvolatile 
Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer.'' 
These standards fill a void in EPA Method 24 which directs that the 
volume fraction of coating solids be calculated from the coating 
manufacturer's formulation. The proposed rule does allow for the use of 
the volume fraction of coating solids calculated from the coating 
manufacturer's formulation, however, test results will take precedence 
if they do not agree with calculated values.
    Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93 are already 
incorporated by reference in EPA Method 24. In addition, we are 
separately specifying the use of ASTM D1475-90 for measuring the 
density of individual coating components, such as organic solvents. 
Five VCS: ASTM D1979-91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93, 
and ASTM PS 9-94 are incorporated by reference in EPA Method 311.
    In addition to the VCS EPA proposes to use in this rule, the search 
for emission measurement procedures identified 17 other VCS. The EPA 
determined that 11 of these 17 standards were impractical alternatives 
to EPA test methods for the purposes of this proposed rulemaking. 
Therefore, EPA does not propose to adopt these standards today. The 
reason for this determination for the 11 methods are discussed below.
    The standard ISO 10780:1994, ``Stationary Source Emissions--
Measurement of Velocity and Volume Flowrate of Gas Streams in Ducts,'' 
is impractical as an alternative to EPA Method 2 in this proposed 
rulemaking. This standard, ISO 10780:1994, recommends the use of L-
shaped pitots, which historically have not been recommended by EPA 
because the S type design has large openings which are less likely to 
plug up with dust.
    The standard ASTM D3464-96, ``Standard Test Method Average Velocity 
in a Duct Using a Thermal Anemometer,'' is impractical as an 
alternative to EPA Method 2 for the purposes of this proposed 
rulemaking primarily because applicability specifications are not 
clearly defined, e.g., range of gas composition, temperature limits. 
Also, the lack of supporting quality assurance data for the calibration 
procedures and specifications, and certain variability issues that are 
not adequately addressed by the standard limit EPA's ability to make a 
definitive comparison of the method in these areas.
    The standard EN 12619:1999, ``Stationary Source Emissions--
Determination of the Mass Concentration of Total Gaseous Organic Carbon 
at Low Concentrations in Flue Gases--Continuous Flame Ionization 
Detector Method,'' is an impractical alternative to EPA Method 25A for 
the purposes of this proposed rulemaking. This standard is impractical 
because it does not measure solvent process vapors in concentrations 
greater than 40 parts per million (ppm) carbon. A method whose upper 
limit is 40 ppm carbon has a measurement range too limited to be useful 
in measuring source emissions.
    Five of the 11 voluntary consensus standards are impractical 
alternatives to EPA test methods for the purposes of this proposed 
rulemaking because they are too general, too broad, or not sufficiently 
detailed to assure compliance with EPA regulatory requirements: ASME 
C00031 or PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas Analyses,'' 
for EPA Method 3; ASTM 3796-90 (Reapproved 1996), ``Standard Practice 
for Calibration of Type S Pitot Tubes,'' for EPA Method 2; ASTM D3271-
87, ``Standard Practice for Direct Injection of Solvent-Reducible 
Paints into a Gas Chromatograph for Solvent Analysis,'' for EPA Method 
311; ASTM E337-84 (Reapproved 1996), ``Standard Test Method for 
Measuring Humidity with a Psychrometer (the Measurement of Wet- and 
Dry-Bulb Temperatures),'' for EPA Method 4; and CAN/CSA Z223.2--
M86(1986), ``Method for the Continuous Measurement of Oxygen, Carbon 
Dioxide, Carbon Monoxide, Sulphur Dioxide, and Oxides of Nitrogen in 
Enclosed Combustion Flue Gas Streams,'' for EPA Method 3A.
    Three of the 11 VCS are impractical alternatives to EPA test 
methods for the purposes of this proposed rulemaking because they 
lacked sufficient quality assurance and quality control requirements 
necessary for EPA compliance assurance requirements: ASTM D3154-91, 
``Standard Method for Average Velocity in a Duct (Pitot Tube Method),'' 
for EPA Methods 1, 2, 2C, 3, 3B, and 4; ASTM D5835-95, ``Standard 
Practice for Sampling Stationary Source Emissions for Automated 
Determination of Gas Concentration,'' for EPA Method 3A; and ISO 
10396:1993, ``Stationary Source Emissions: Sampling for the Automated 
Determination of Gas Concentrations,'' for EPA Method 3A.
    The following six of the 17 VCS identified in this search were not 
available at the time the review was conducted for the purposes of this 
proposed rulemaking because they are under development by a voluntary 
consensus body: ASME/BSR MFC 12M, ``Flow in Closed Conduits Using 
Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2; ASME/
BSR MFC 13M, ``Flow Measurement by Velocity Traverse,'' for EPA Method 
1 (and possibly 2); ISO/DIS 11890-1 Part 1, ``Paints and Varnishes--
Determination of Volatile Organic Compound (VOC) Content--Difference 
Method,'' for EPA Method 24; ISO/DIS 11890-2 Part 2, ``Paints and 
Varnishes--Determination of Volatile Organic Compound (VOC) Content--
Gas Chromatographic Method,'' for EPA Method 24; ISO/DIS 12039, 
``Stationary Source Emissions--Determination of Carbon Monoxide, Carbon 
Dioxide, and Oxygen--Automated Methods,'' for EPA Method 3A; and ISO/
FDIS 14965, ``Air Quality--Determination of Total Nonmethane Organic 
Compounds--Cryogenic Preconcentration and Direct Flame Ionization 
Method,'' for EPA Method 25A and parts of Method 25. While we are not 
proposing to include these six VCS in today's proposal, EPA will 
consider the standards when final.
    The EPA takes comment on compliance demonstration requirements 
proposed in this rulemaking and specifically invites the public to 
identify potentially applicable VCS. Commenters should also explain why 
this proposed rule should adopt these VCS in lieu of or in addition to 
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 a method other than Method 301, 40 
CFR part 63, appendix A, was used).

[[Page 81150]]

    Sections 63.4901, 63.3911, 63.4921, and Table 3 to subpart NNNN of 
the proposed standards list EPA testing methods included in the 
proposed rule. Under Sec. 63.8 of subpart A of the General Provisions, 
a source may apply to EPA for permission to use alternative monitoring 
in place of any of the EPA testing methods.

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: December 8, 2000.
Carol M. Browner,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of 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 NNNN to read as follows:

Subpart NNNN--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Large Appliances

Sec.

What this Subpart Covers

63.4080  What is the purpose of this subpart?
63.4081  Am I subject to this subpart?
63.4082  What parts of my plant does this subpart cover?
63.4083  When do I have to comply with this subpart?

Emission Limitations

63.4090  What emission limits must I meet?
63.4091  What are my options for meeting the emission limits?
63.4092  What operating limits must I meet?
63.4093  What work practice standards must I meet?

General Compliance Requirements

63.4100  What are my general requirements for complying with this 
subpart?
63.4101  What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.4110  What notifications must I submit?
63.4120  What reports must I submit?
63.4130  What records must I keep?
63.4131  In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.4140  By what date must I conduct the initial compliance 
demonstration?
63.4141  How do I demonstrate initial compliance with the emission 
limitations?
63.4142  How do I demonstrate continuous compliance with the 
emission limitations?

Compliance Requirements for the Emission Rate Without Add-On Controls 
Option

63.4150  By what date must I conduct the initial compliance 
demonstration?
63.4151  How do I demonstrate initial compliance with the emission 
limitations?
63.4152  How do I demonstrate continuous compliance with the 
emission limitations?

Compliance Requirements for the Emission Rate With Add-On Controls 
Option

63.4160  By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.4161  How do I demonstrate initial compliance?
63.4162  How do I determine the organic HAP emission rate for a 
controlled coating operation not using a material balance if I 
operate it under different sets of representative operating 
conditions?
63.4163  How do I demonstrate continuous compliance with the 
emission limitations?
63.4164  What are the general requirements for performance tests?
63.4165  How do I determine the emission capture system efficiency?
63.4166  How do I determine the add-on control device emission 
destruction or removal efficiency?
63.4167  How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.4168  What are the requirements for continuous monitoring system 
(CMS) installation, operation, and maintenance?

Other Requirements and Information

63.4180  Who implements and enforces this subpart?
63.4181  What definitions apply to this subpart?

Tables

Table 1 to Subpart NNNN. Operating Limits if Using the Emission Rate 
with Add-on Controls Option
Table 2 to Subpart NNNN. Applicability of General Provisions to 
Subpart NNNN
Table 3 to Subpart NNNN. Organic HAP Content of Solvents and Solvent 
Blends
Table 4 to Subpart NNNN. Organic HAP Content of Petroleum Solvent 
Groups

What this Subpart Covers


Sec. 63.4080  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants for large appliance surface coating facilities. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations.


Sec. 63.4081  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
facility that applies coatings to large appliances and is a major 
source, is located at a major source, or is part of a major source of 
emissions of hazardous air pollutants (HAP), except as provided in 
paragraphs (a)(1)(i) and (ii) of this section.
    (1) The large appliance surface coating source category includes 
any facility engaged in the surface coating of any large appliance part 
or product. Large appliance parts and products include, but are not 
limited to, heating and air conditioning units and parts, chillers, 
household refrigerators and home and farm freezers, household laundry 
equipment, household cooking equipment, dishwashers, floor waxers and 
polishers, garbage disposal units, trash compactors, and water heaters.
    (i) The surface coating of small items such as metal or plastic 
handles, hinges, or fasteners that have a wider use beyond large 
appliances are not subject to this subpart if the surface coating 
occurs at a facility that does not apply coatings to other large 
appliance items.
    (ii) The surface coating of large appliances conducted for the 
purpose of repairing or maintaining large appliances used by a facility 
and not for commerce is not subject to this subpart, unless organic HAP 
emissions from the surface coating itself are as high as the rates 
specified in paragraph (a)(4) of this section.
    (2) The large appliance surface coating activities and equipment to 
which this subpart applies are listed in paragraphs (a)(2)(i) through 
(viii) of this section:
    (i) Surface preparation of the large appliance parts and products;
    (ii) Preparation of a coating for application (e.g., mixing in 
thinners and other components);
    (iii) Application of a coating to large appliance parts and 
products using, for example, spray guns or dip tanks;
    (iv) Flash-off, drying, or curing following the coating application 
operation;
    (v) Cleaning of equipment used in coating operations (e.g., 
application equipment, hangers, racks);
    (vi) Storage of coatings, thinners, and cleaning materials;
    (vii) Conveying of coatings, thinners, and cleaning materials from 
storage areas to mixing areas or coating application areas, either 
manually (e.g., in buckets) or by automated means (e.g.,

[[Page 81151]]

transfer through pipes using pumps); and
    (viii) Handling and conveying of waste materials generated by 
coating operations.
    (3) This subpart does not apply to research or laboratory 
facilities; janitorial, building, and facility maintenance operations; 
or coating applications using hand-held nonrefillable aerosol 
containers.
    (4) A major source of HAP emissions is any stationary source or 
group of stationary sources located within a contiguous area and under 
common control that emits or has the potential to emit any single HAP 
at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any 
combination of HAP at a rate of 22.68 Mg (25 tons) or more per year.
    (b) You are not subject to this subpart if your large appliance 
surface coating facility is located at, or is part of, an area source 
of HAP emissions. An area source of HAP emissions is any stationary 
source or group of stationary sources located within a contiguous area 
and under common control that is not a major source.


63.4082  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items 
listed in paragraphs (b)(1) through (4) of this section that are part 
of the large appliance surface coating facility:
    (1) All coating operations as defined in Sec. 63.4181;
    (2) All storage containers and mixing vessels in which organic-HAP-
containing coatings, thinners, and cleaning materials are stored or 
mixed;
    (3) All manual and automated equipment and containers used for 
conveying organic-HAP-containing coatings, thinners, and cleaning 
materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying organic-HAP-containing waste 
materials generated by a coating operation.
    (c) An affected source is a new affected source if you commenced 
its construction after December 22, 2000, and the construction is of a 
completely new large appliance surface coating facility where 
previously no large appliance surface coating facility had existed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.


Sec. 63.4083  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
meet the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the startup of your new or reconstructed affected source is 
before [the effective date of this subpart], you must comply with the 
requirements for new and reconstructed sources no later than [the 
effective date of this subpart].
    (2) If the startup of your new or reconstructed affected source 
occurs after [the effective date of this subpart], you must comply with 
the requirements for new and reconstructed sources upon initial startup 
of your affected source.
    (b) If you have an existing affected source, you must comply with 
the requirements for existing sources no later than [3 years after 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 emissions, 
you must meet the dates specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the area source that becomes a new or 
reconstructed affected source, you must comply with the requirements 
for new and reconstructed sources upon initial startup or no later than 
[the effective date of this subpart], whichever is later.
    (2) For any portion of the area source that becomes an existing 
affected source, you must comply with the requirements for existing 
sources no later than 1 year after the area source becomes a major 
source or [3 years after the effective date of this subpart], whichever 
is later.
    (d) You must meet the notification requirements in Sec. 63.4110 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

Emission Limitations


Sec. 63.4090  What emission limits must I meet?

    (a) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than 0.13 kilogram per liter 
(kg/liter) (1.1 pound per gallon (lb/gal) of coating solids used during 
each compliance period.
    (b) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere to no more than 0.022 kg/liter 
(0.18 lb/gal) of coating solids used during each compliance period.


Sec. 63.4091  What are my options for meeting the emission limits?

    To meet the emission limits in Sec. 63.4090, you must use at least 
one of the three compliance options listed in paragraphs (a) through 
(c) of this section. You may apply any of the compliance options to an 
individual coating operation or to multiple coating operations as a 
group or to the entire affected source. You may use different 
compliance options for different coating operations or at different 
times on the same coating operation. However, you may not use different 
compliance options at the same time on the same coating operation. If 
you switch between compliance options for any coating operation or 
group of coating operations, you must document this switch as required 
by Sec. 63.4130(c), and you must report it in the next semiannual 
compliance report required in Sec. 63.4120.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than 
or equal to the applicable emission limit in Sec. 63.4090 and that each 
thinner and each cleaning material used contains no organic HAP. You 
must meet all the requirements of Secs. 63.4140, 63.4141, and 63.4142 
to demonstrate compliance with the emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on data on the coatings, thinners, and cleaning materials used in 
the coating operation(s), the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit in 
Sec. 63.4090. You must meet all the requirements of Secs. 63.4150, 
63.4151, and 63.4152 to demonstrate compliance with the emission limit 
using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on data on the coatings, thinners, and cleaning materials used in 
the coating operation(s), and the emission capture and add-on control 
efficiencies achieved, the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit in 
Sec. 63.4090. If you use this compliance option, you must also 
demonstrate that all capture systems and control devices for the 
coating operation(s) meet the operating limits required in 
Sec. 63.4092, except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4161(h); and that 
you meet the work practice standards required in Sec. 63.4093. You must 
meet all the requirements of Secs. 63.4160 through

[[Page 81152]]

63.4168 to demonstrate compliance with the emission limits, operating 
limits, and work practice standards using this option.


Sec. 63.4092  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any operating limits. For any controlled 
coating operation(s) on which you use the emission rate with add-on 
controls option, except those for which you use a solvent recovery 
system and conduct a liquid-liquid material balance according to 
Sec. 63.4161(h), you must meet the operating limits specified in Table 
1 of this subpart. These operating limits apply to the emission capture 
and control systems on the coating operation(s) for which you use this 
option, and you must establish the operating limits during the 
performance test according to the procedures in Sec. 63.4167. You must 
meet the operating limits at all times after you establish them.
    (b) If you use a control device other than those listed in Table 1 
of this subpart, or wish to monitor an alternative parameter and comply 
with a different operating limit, you must apply to the Administrator 
for approval of alternative monitoring under Sec. 63.8(f).


Sec. 63.4093  What work practice standards must I meet?

    For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any work practice standards. If you use 
the emission rate with add-on controls option, you must develop and 
implement a work practice plan to minimize organic HAP emissions from 
the storage, mixing, and conveying of coatings, thinners, and cleaning 
materials used in, and waste materials generated by, the controlled 
coating operation(s) for which you use this option; or you must meet an 
alternative standard as provided in paragraph (e) of this section. The 
plan must address at a minimum the elements specified in paragraphs (a) 
through (d) of this section.
    (a) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (b) Spills of organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be minimized.
    (c) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (d) Mixing vessels used for organic-HAP-containing coatings and 
other materials must be closed except when adding to, removing, or 
mixing the contents.
    (e) As provided in Sec. 63.6(g), we, EPA, may choose to grant you 
permission to use an alternative to the work practice standards in this 
section.

General Compliance Requirements


Sec. 63.4100  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) and (2) of this section.
    (1) Any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, as 
specified in Sec. 63.4091(a) and (b), must be in compliance with the 
applicable emission limit in Sec. 63.4090 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.4091(c), must be 
in compliance with the applicable emission limit in Sec. 63.4090 at all 
times except during periods of startup, shutdown, and malfunction. Each 
controlled coating operation must be in compliance with the operating 
limits for emission capture systems and add-on control devices required 
by Sec. 63.4092 at all times, except during periods of startup, 
shutdown, and malfunction, and except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to 
Sec. 63.4161(h). Each controlled coating operation must be in 
compliance with the work practice standards in Sec. 63.4093 at all 
times.
    (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) If your affected source uses an emission capture system and 
add-on control device, you must maintain a log detailing the operation 
and maintenance of the emission capture system, add-on control device, 
and continuous parameter monitors during the period between the 
compliance date specified for your affected source in Sec. 63.4083 and 
the date when the initial emission capture system and add-on control 
device performance tests have been completed, as specified in 
Sec. 63.4160. This requirement does not apply to a solvent recovery 
system for which you conduct a liquid-liquid material balance according 
to Sec. 63.4161(h).
    (d) If your affected source uses an emission capture system and 
add-on control device, you must develop and implement a written 
startup, shutdown, and malfunction plan according to the provisions in 
Sec. 63.6(e)(3). The plan must address the startup, shutdown, and 
corrective actions in the event of a malfunction of the emission 
capture system or the add-on control device. The plan must also address 
any coating operation equipment that may cause increased emissions or 
that would affect capture efficiency if the process equipment 
malfunctions, such as conveyors that move parts among enclosures.


Sec. 63.4101  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 63.15 apply to you.

Notifications, Reports, and Records


Sec. 63.4110  What notifications must I submit?

    (a) You must submit the notifications in Secs. 63.7(b) and (c), 
63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by the 
dates specified in those sections, except as provided in paragraphs 
(a)(1) and (2) of this section.
    (1) You must submit the Initial Notification required by 
Sec. 63.9(b) for an existing affected source no later than [1 year 
after the effective date of this subpart]. For a new or reconstructed 
affected source, you must submit the Initial Notification no later than 
120 days after initial startup or [120 days after the effective date of 
this subpart], whichever is later.
    (2) You must submit the Notification of Compliance Status required 
by Sec. 63.9(h) no later than 30 calendar days following the end of the 
initial compliance period described in Sec. 63.4140, Sec. 63.4150, or 
Sec. 63.4160 that applies to your affected source.
    (b) The Notification of Compliance Status must contain the 
information specified in paragraphs (b)(1) through (9) of this section 
and in Sec. 63.9(h).
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. 63.4140, Sec. 63.4150, or Sec. 63.4160 that applies 
to your affected source.

[[Page 81153]]

    (4) Identification of the compliance option or options specified in 
Sec. 63.4091 that you used on each coating operation during the initial 
compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(b)(6)(i) and (ii) of this section.
    (i) A description of and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in 
Sec. 63.4090, include all the calculations you used to determine the kg 
organic HAP per liter coating solids. You do not need to submit 
information provided by the materials suppliers or manufacturers or 
test reports.
    (7) For each of the data items listed in paragraphs (b)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec. 63.4141(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner, 
and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner, and one cleaning 
material, except that if you use the compliant material option, only 
the example coating density is required.
    (iv) The information specified in Sec. 63.4151(e)(4) for any waste 
materials sent to a treatment, storage, and disposal facility (TSDF), 
if you are claiming an allowance for organic HAP contained in those 
waste materials in Equation 1 of Sec. 63.4151.
    (8) The calculation of kg organic HAP per liter coating solids for 
the compliance option(s) you use, as specified in paragraphs (b)(8)(i) 
through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content (Hc) for one coating, 
using Equation 2 of Sec. 63.4141.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions 
(He); the calculation of the total volume of coating solids 
(Vst); and the calculation of the organic HAP emission rate 
(Havg), using Equations 1, 2, and 3, respectively, of 
Sec. 63.4151.
    (iii) For the emission rate with add-on controls option, provide 
the calculation of the total mass of organic HAP emissions 
(He) in the coatings, thinners, and cleaning materials used 
in the coating operation(s), using Equation 1 of Sec. 63.4151; and the 
calculation of the organic HAP emission rate (HHAP), using 
either Equation 4 of Sec. 63.4161 or Equation 1 of Sec. 63.4162, as 
applicable.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (b)(9)(i) through (iv) 
of this section.
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you 
use the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show 
you meet the DQO or LCL criteria in appendix A to subpart KK of this 
part. You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented 
the work practice plan required by Sec. 63.4093.


Sec. 63.4120  What reports must I submit?

    You must submit semiannual compliance reports according to the 
requirements of this section. The reporting requirements of this 
section may be satisfied by reports required under other parts of the 
Clean Air Act (CAA or Act), as specified in paragraph (a)(5) of this 
section.
    (a) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must prepare and submit 
each semiannual compliance report according to the dates specified in 
paragraphs (a)(1) through (4) of this section.
    (1) The first report must cover the first semiannual reporting 
period which begins the day after the end of the initial compliance 
period described in Sec. 63.4140, Sec. 63.4150, or Sec. 63.4160 that 
applies to your affected source and ends on June 30 or December 31, 
whichever date is the first date following the end of the initial 
compliance period.
    (2) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 
or the semiannual reporting period from July 1 through December 31.
    (3) Each semiannual compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (4) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you 
may submit the first and subsequent compliance reports according to the 
dates the permitting authority has established instead of according to 
the date specified in paragraph (a)(3) of this section.
    (5) Each affected source that has obtained a title V operating 
permit pursuant to 40 CFR part 70 or 71 must report all deviations as 
defined in this subpart in the semiannual monitoring report required by 
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected 
source submits a compliance report pursuant to this section along with, 
or as part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance 
report includes all required information concerning deviations from any 
emission limitation in this subpart, submission of the compliance 
report shall be deemed to satisfy any obligation to report the same 
deviations in the semiannual monitoring report. However, submission of 
a compliance report shall not otherwise affect any obligation the 
affected source may have to report deviations from permit requirements 
to the permit authority.
    (b) The semiannual compliance report must contain the information 
specified in paragraphs (b)(1) through (4) of this section, and the 
information specified in paragraphs (c) through (j) of this section 
that is applicable to your affected source.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.

[[Page 81154]]

    (3) Date of report and beginning and ending dates of the reporting 
period. The reporting period is the 6-month period ending on June 30 or 
December 31.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4091 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (c) If there were no deviations from the emission limitations in 
Secs. 63.4090, 63.4092, and 63.4093 that apply to you, the semiannual 
compliance report must include a statement that there were no 
deviations from the emission limitations during the reporting period.
    (d) If you use the compliant material option, and there was a 
deviation from the applicable emission limit in Sec. 63.4090, the 
semiannual compliance report must contain the information in paragraphs 
(d)(1) through (4) of this section.
    (1) Identification of each coating used that deviated from the 
emission limit, and each thinner and cleaning material used that 
contained organic HAP, and the dates and time periods each was used.
    (2) The calculation of the organic HAP content (Hc, 
using Equation 2 of Sec. 63.4141) for each coating identified in 
paragraph (d)(1) of this section. You do not need to submit background 
data supporting this calculation, for example, information provided by 
coating suppliers or manufacturers, or test reports.
    (3) The determination of mass fraction of organic HAP for each 
thinner and cleaning material identified in paragraph (d)(1) of this 
section. You do not need to submit background data supporting this 
calculation, for example, information provided by material suppliers or 
manufacturers, or test reports.
    (4) A statement of the cause of each deviation.
    (e) If you use the emission rate without add-on controls option, 
and there was a deviation from the applicable emission limit in 
Sec. 63.4090, the semiannual compliance report must contain the 
information in paragraphs (e)(1) through (3) of this section.
    (1) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the emission limit.
    (2) The calculations used to determine the organic HAP emission 
rate for the compliance period in which the deviation occurred. You 
must submit the calculations for Equations 1, 1A through C, 2, and 3 in 
Sec. 63.4151; and the calculation used to determine Rw 
according to Sec. 63.4151(e)(4). You do not need to submit background 
data supporting these calculations, for example, information provided 
by materials suppliers or manufacturers, or test reports.
    (3) A statement of the cause of each deviation.
    (f) If you use the emission rate with add-on controls option and 
there were no periods during which the continuous parameter monitoring 
systems were out-of-control as specified in Sec. 63.8(c)(7), the 
semiannual compliance report must include a statement that there were 
no periods during which the continuous parameter monitoring systems 
were out-of-control during the reporting period.
    (g) If you use the emission rate with add-on controls option, and 
there was a deviation from an emission limitation (including any 
periods when emissions bypassed the add-on control device and were 
diverted to the atmosphere), the semiannual compliance report must 
contain the information in paragraphs (g)(1) through (14) of this 
section. This includes periods of startup, shutdown, and malfunction 
during which deviations occurred.
    (1) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec. 63.4090.
    (2) The calculations used to determine the organic HAP emission 
rate for each compliance period in which a deviation occurred. You must 
submit the calculations that apply to you, including Equations 1, 1A 
through C, and 2 of Sec. 63.4151; Equations 1, 1A through C, 2, and 3 
of Sec. 63.4161; and either Equation 4 of Sec. 63.4161 or Equation 1 of 
Sec. 63.4162, as applicable. You do not need to submit the background 
data supporting these calculations, for example information provided by 
materials suppliers or manufacturers, or test reports.
    (3) The date and time that each malfunction started and stopped.
    (4) A brief description of the continuous parameter monitoring 
system.
    (5) The date of the latest continuous parameter monitoring system 
certification or audit.
    (6) The date and time that each continuous parameter monitoring 
system was inoperative, except for zero (low-level) and high-level 
checks.
    (7) The date, time, and duration that each continuous parameter 
monitoring system was out-of-control, including the information in 
Sec. 63.8(c)(8).
    (8) The date and time that each deviation from an operating limit 
in Table 1 of this subpart; date and duration of any bypass of the add-
on control device; and whether each deviation occurred during a period 
of startup, shutdown, or malfunction or during another period.
    (9) A summary of the total duration of each deviation from an 
operating limit in Table 1 of this subpart and bypass of the add-on 
control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (10) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 of this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (11) A summary of the total duration of continuous parameter 
monitoring system downtime during the semiannual reporting period and 
the total duration of continuous parameter monitoring system downtime 
as a percent of the total source operating time during that semiannual 
reporting period.
    (12) A description of any changes in the continuous parameter 
monitoring system, coating operation, emission capture system, or add-
on control device since the last semiannual reporting period.
    (13) For each deviation from the work practice standards, a 
description of the deviation; the date, time, and duration of the 
deviation; and the actions you took to correct the deviation.
    (14) A statement of the cause of each deviation.
    (h) If you use the emission rate with add-on controls option, you 
must submit reports of performance test results for emission capture 
systems and add-on control devices no later than 60 days after 
completing the tests as specified in Sec. 63.10(d)(2).
    (i) [Reserved]
    (j) If you use the emission rate with add-on controls option and 
you have a startup, shutdown, or malfunction during the semiannual 
reporting period, you must submit the reports specified in paragraphs 
(j)(1) and (2) of this section.
    (1) If your actions were consistent with your startup, shutdown, 
and malfunction plan, you must include the information specified in 
Sec. 63.10(d) in the semiannual compliance report.
    (2) If your actions were not consistent with your startup, 
shutdown, and malfunction plan, you must submit an

[[Page 81155]]

immediate startup, shut down, and malfunction report as described in 
paragraph (j)(2)(i) and (ii) of this section.
    (i) You must describe the actions taken during the event in a 
report delivered by facsimile or by telephone to the Administrator 
within 2 working days after starting actions that are inconsistent with 
the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in 
Sec. 63.10(d)(5)(ii). The letter must contain the information specified 
in Sec. 63.10(d)(5)(ii).


Sec. 63.4130  What records must I keep?

    You must collect and keep a record of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers 
or manufacturers, such as manufacturer's formulation data or test data 
used to determine the mass fraction of organic HAP and density for 
coatings, thinners, and cleaning materials and the volume fraction of 
coating solids. If you conducted testing to determine mass fraction of 
organic HAP, density, or volume fraction of coating solids, you must 
keep a copy of the complete test report. If you use information 
provided to you by the manufacturer or supplier of the material that 
was based on testing, you must keep the summary sheet of results 
provided to you by the manufacturer or supplier. You are not required 
to obtain the test report or other supporting documentation from the 
manufacturer or supplier.
    (c) For each compliance period, a record of the time periods 
(beginning and ending dates) and the coating operations at which each 
compliance option was used, and a record of all calculations of kg 
organic HAP per liter of coating solids for the compliance option(s) 
you used, as specified in paragraphs (c)(1) through (3) of this 
section.
    (1) For the compliant material option, the calculation of the 
organic HAP content (Hc) for each coating, using Equation 2 
of Sec. 63.4141.
    (2) For the emission rate without add-on controls option, the 
calculation of the total mass of organic HAP emissions (He), 
the calculation of the total volume of coating solids (Vst), 
and the calculation of the organic HAP emission rate (Havg), 
using Equations 1, 2, and 3, respectively, of Sec. 63.4151.
    (3) For the emission rate with add-on controls option, the 
calculation of the total mass of organic HAP emissions (He) 
in the coatings, thinners, and cleaning materials used, using Equation 
1 of Sec. 63.4151; the calculation of the mass of organic HAP emissions 
reduced by emission capture systems and add-on control devices 
(HC and HCSR), using Equations 1 and 3, 
respectively, of Sec. 63.4161; and the calculation of the organic HAP 
emission rate (HHAP), using either Equation 4 of 
Sec. 63.4161 or Equation 1 of Sec. 63.4162, as applicable.
    (d) A record of the name and volume of each coating, thinner, and 
cleaning material used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner, and cleaning material used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) A record of the density for each coating used during each 
compliance period; and, if you use either the emission rate without 
add-on controls or the emission rate with add-on controls compliance 
option, the density for each thinner and cleaning material used during 
each compliance period.
    (h) If you are claiming an allowance for organic HAP in waste 
materials sent to a TSDF according to Sec. 63.4151(e)(4), you must keep 
records of the mass of organic HAP in the waste materials sent to a 
TSDF during each compliance period with supporting calculations and 
documentation, including the waste manifest for each shipment and any 
additional documentation that provides the information in paragraphs 
(h)(1) through (5) of this section.
    (1) The date of the shipment and the TSDF to which the waste was 
shipped;
    (2) A brief description of the waste, including the operations 
producing the waste;
    (3) The amount of waste in the shipment;
    (4) The kg organic HAP contained in the shipment, including 
calculations of the HAP content; and
    (5) Any information used to calculate the kg organic HAP contained 
in the shipment that is not shown on the waste manifest.
    (i) [Reserved]
    (j) You must keep records of the date, time, and duration of each 
deviation.
    (k) If you use the emission rate with add-on controls option, you 
must keep the records specified in paragraphs (k)(1) through (9) of 
this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of startup, shutdown, or malfunction.
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 of this subpart that applies to 
you.
    (4) If you operate under multiple operating conditions that affect 
emission capture system efficiency or add-on control device organic HAP 
destruction or removal efficiency, and you are using different emission 
capture system efficiency or add-on control device organic HAP 
destruction or removal efficiency factors for each condition, then you 
must keep records of the data needed to calculate the organic HAP 
emission rate for each compliance period, as described by Equation 1 in 
Sec. 63.4162.
    (5) For each capture system that is a PTE, the data and 
documentation needed to support a determination that the capture system 
meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a 
PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.4165(a).
    (6) For each capture system that is not a PTE, the data and 
documentation needed to determine capture efficiency according to the 
procedures specified in Secs. 63.4164 and 63.4165(b), (c), or (d) 
including the records specified in paragraphs (k)(6)(i) through (iii) 
of this section that apply to you.
    (i) Records for a liquid-to-fugitive protocol using a temporary 
total enclosure or building enclosure. Records of the mass of total 
volatile hydrocarbon (TVH) as measured by Method 204A or F of appendix 
M to 40 CFR part 51 for each material used in the coating operation, 
and the total TVH for all materials used during each capture efficiency 
test run, including a copy of the test report. Records of the mass of 
TVH emissions not captured by the capture system that exited the 
temporary total enclosure or building enclosure during each capture 
efficiency test run, as measured by Method 204D or E of appendix M to 
40 CFR part 51, including a copy of the test report. Records 
documenting that the enclosure used for the capture efficiency test met 
the criteria in Method 204 of appendix M to 40 CFR part 51 for either a 
temporary total enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the

[[Page 81156]]

emission capture system as measured by Method 204B or C of appendix M 
to 40 CFR part 51 at the inlet to the add-on control device, including 
a copy of the test report. Records of the mass of TVH emissions not 
captured by the capture system that exited the temporary total 
enclosure or building enclosure during each capture efficiency test 
run, as measured by Method 204D or E of appendix M to 40 CFR part 51, 
including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec. 63.4165(e), if applicable.
    (7) The records specified in paragraphs (k)(7)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.4166.
    (i) Records of each add-on control device performance test 
conducted according to Secs. 63.4164 and 63.4166.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test needed to document that the performance 
test was conducted under representative operating conditions.
    (8) Records of the data and calculations needed to establish the 
emission capture and add-on control device operating limits as 
specified in Sec. 63.4167 and to document compliance with the operating 
limits as specified in Table 1 of this subpart.
    (9) A record of the work practice plan required by Sec. 63.4093, 
and documentation that you are implementing the plan on a continuous 
basis.


Sec. 63.4131  In what form and for 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). Where 
appropriate, the records may be maintained as electronic spreadsheets 
or as a database.
    (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 off site for the remaining 3 years.

Compliance Requirements for the Compliant Material Option


Sec. 63.4140  By what date must I conduct the initial compliance 
demonstration?

    You must complete the compliance demonstration for the initial 
compliance period according to the requirements in Sec. 63.4141. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4083 and ends on the last day of the first full 
calendar month after the compliance date. The initial compliance 
demonstration includes the calculations showing that you used no 
coating with an organic HAP content that exceeded the applicable limit 
in Sec. 63.4090, and documentation that you used no thinners or 
cleaning materials that contained organic HAP as determined by the 
procedures listed in Sec. 63.4141(a) during the compliance period.


Sec. 63.4141  How do I demonstrate initial compliance with the emission 
limitations?

    You may use the compliant material option for any individual 
coating operation, for any group of coating operations in the affected 
source, or for all the coating operations in the affected source. You 
must use either the emission rate without add-on controls option or the 
emission rate with add-on controls option for any coating operation(s) 
in the affected source for which you do not use this option. To 
demonstrate initial compliance using the compliant material option, the 
coating operation or group of coating operations must use no coating 
with an organic HAP content that exceeds the applicable emission limit 
in Sec. 63.4090 and must use no thinner or cleaning material that 
contains organic HAP, as determined according to this section. Any 
coating operation(s) for which you use the compliant material option is 
not required to meet the operating limits or work practice standards 
required in Secs. 63.4092 and 63.4093, respectively. To demonstrate 
initial compliance with the emission limitations using the compliant 
material option, you must meet all the requirements of this section for 
the coating operation(s) using this option. Use the procedures in this 
section on each coating, thinner, and cleaning material in the 
condition it is in when it is received from its manufacturer or 
supplier and prior to any alteration.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner, and cleaning material used during the compliance 
period by using one of the options in paragraphs (a)(1) through (5) of 
this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the 
procedures specified in paragraphs (a)(1)(i) and (ii) of this section 
when performing a Method 311 test.
    (i) Count each organic HAP that is measured to be present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)--defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 
percent of the material by mass, you don't have to count it. Express 
the mass fraction of each organic HAP you count as a value truncated to 
four places after the decimal point (for example, 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (for 
example, 0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data. Count each organic HAP that is 
present at 0.1 percent by mass or more for OSHA-defined carcinogens as 
specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more 
for other compounds. For example, if toluene (not an OSHA carcinogen) 
is 0.5 percent of the material by mass, you don't have to count it. If 
there is a disagreement between such information and results of the 
test methods specified in paragraphs (a)(1) through (3) of this 
section, then the test method results will take precedence.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which

[[Page 81157]]

must be counted toward the total organic HAP mass fraction of the 
materials. When test data for solvent blends are not available, you may 
use the value for mass fraction of organic HAP listed in Table 3 or 4 
of this subpart. If you use the tables, you must use the values in 
Table 3 for all solvent blends that match Table 3 entries, and you may 
only use Table 4 if the solvent blends in the materials you use do not 
match any of the solvent blends in Table 3 and you only know whether 
the blend is aliphatic or aromatic. However, if the results of Method 
311 indicate higher values than those listed on Table 3 or 4 of this 
subpart, the Method 311 results will take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by a test, by information provided by the 
supplier or the manufacturer of the material, or by calculation as 
specified in paragraphs (b)(1) through (3) of this section. The results 
obtained with paragraph (b)(1) of this section will take precedence if 
they do not agree with the results obtained with paragraph (b)(2) or 
(3) of this section.
    (1) ASTM Method D2697-86(1998) or D6093-97. You may use ASTM Method 
D2697-86(1998) or D6093-97 to determine the volume fraction of coating 
solids for each coating. Multiply the nonvolatile volume percent 
obtained with the methods by 100 to calculate volume fraction of 
coating solids.
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (3) Calculation of volume fraction of coating solids, 
Vs. If the volume fraction of coating solids cannot be 
determined using the options in paragraphs (b)(1) and (2) of this 
section, you must determine it using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.017

Where:

Vs = Volume fraction of coating solids, liters coating 
solids per liter coating.
m volatiles = Total volatile matter content of the coating, 
including HAP, volatile organic compounds (VOC), water, and exempt 
compounds, determined according to Method 24 in appendix A of 40 CFR 
part 60, grams volatile matter per liter coating.
Davg = Average density of volatile matter in the coating, 
grams volatile matter per liter volatile matter, determined from test 
results using ASTM Method D1475-98, information from the supplier or 
manufacturer of the material, or reference sources providing density or 
specific gravity data for pure materials. If there is disagreement 
between ASTM Method D1475-98 test results and other information 
sources, the test results will take precedence.

    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM Method D1475-98, information from the supplier or manufacturer of 
the material, or reference sources providing density or specific 
gravity data for pure materials. If there is disagreement between ASTM 
Method D1475-98 test results and other information sources, the test 
results will take precedence.
    (d) Calculate the organic HAP content of each coating. Calculate 
Hc, the organic HAP content, kg organic HAP per liter 
coating solids, of each coating used during the compliance period, 
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.018

Where:

Hc = Organic HAP content of the coating, kg organic HAP per 
liter coating solids.
Dc = Density of coating, kg coating per liter coating, 
determined according to paragraph (c) of this section.
Wc = Mass fraction of organic HAP in the coating, kg organic 
HAP per kg coating, determined according to paragraph (a) of this 
section.
Vs = Volume fraction of coating solids, liters coating 
solids per liter coating, determined according to paragraph (b) of this 
section.

    (e) Compliance demonstration. The calculated organic HAP content, 
Hc, for each coating used during the initial compliance 
period must be less than or equal to the applicable emission limit in 
Sec. 63.4090; and each thinner and cleaning material used during the 
initial compliance period must contain no organic HAP, determined 
according to paragraph (a) of this section. You must keep all records 
required by Secs. 63.4130 and 63.4131. As part of the Notification of 
Compliance Status required in Sec. 63.4110, you must identify the 
coating operation(s) for which you used the compliant material option 
and submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the initial compliance 
period because you used no coatings for which the organic HAP content 
exceeds the applicable emission limit in Sec. 63.4090, and you used no 
thinners or cleaning materials that contain organic HAP.


Sec. 63.4142  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) For each compliance period, to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content, 
Hc, determined using Equation 2 of Sec. 63.4141, exceeds the 
applicable emission limit in Sec. 63.4090, and use no thinner or 
cleaning material that contains organic HAP, determined according to 
Sec. 63.4141(a). Each calendar month following the initial compliance 
period described in Sec. 63.4140 is a compliance period.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner, or 
cleaning material that does not meet the criteria specified in 
paragraph (a) of this section is a deviation from the emission 
limitations that must be reported as specified in Secs. 63.4110(b)(6) 
and 63.4120(d).
    (c) As part of each semiannual compliance report required by 
Sec. 63.4120, you must submit a statement that you were in compliance 
with the emission limitations during the reporting period because you 
used no thinners or cleaning materials that contained organic HAP, and 
you used no coatings for which the organic HAP content exceeded the 
applicable emission limit in Sec. 63.4090.
    (d) You must maintain records as specified in Secs. 63.4130 and 
63.4131.

Compliance Requirements for the Emission Rate Without Add-On 
Controls Option


Sec. 63.4150  By what date must I conduct the initial compliance 
demonstration?

    You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4151. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4083 and ends on the last day of the first full 
calendar month after the compliance date. The initial compliance 
demonstration includes the calculations showing that the organic HAP 
emission rate for the initial compliance period was equal to or less 
than the applicable emission limit in Sec. 63.4090.

[[Page 81158]]

Sec. 63.4151  How do I demonstrate initial compliance with the emission 
limitations?

    You may use the emission rate without add-on controls option for 
any individual coating operation, for any group of coating operations 
in the affected source, or for all the coating operations in the 
affected source. You must use either the compliant material option or 
the emission rate with add-on controls option for any coating 
operation(s) in the affected source for which you do not use this 
option. To demonstrate initial compliance using the emission rate 
without add-on controls option, the coating operation(s) must meet the 
applicable emission limit in Sec. 63.4090 but not the operating limits 
or work practice standards in Secs. 63.4092 and 63.4093, respectively. 
You must meet all the requirements of this section to demonstrate 
initial compliance with the applicable emission limit in Sec. 63.4090 
for the coating operation(s). When calculating the organic HAP emission 
rate according to this section, do not include any coatings, thinners, 
or cleaning materials used on coating operations for which you use the 
compliant material option or the emission rate with add-on controls 
option.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner, 
and cleaning material used during the compliance period according to 
the requirements in Sec. 63.4141(a).
    (b) Determine the volume fraction of coating solids for each 
coating. Determine the volume fraction of coating solids for each 
coating used during the compliance period according to the requirements 
in Sec. 63.4141(b).
    (c) Determine the density of each material. Determine the density 
of each coating, thinner, and cleaning material used during the 
compliance period according to the requirements in Sec. 63.4141(c).
    (d) Determine the volume of each material used during the 
compliance period. Determine the volume (liters) of each coating, 
thinner, and cleaning material used during the compliance period by 
measurement or usage records.
    (e) Calculate the mass of organic HAP emissions during the 
compliance period. The mass of organic HAP emissions, He , 
is the combined mass of organic HAP contained in all coatings, 
thinners, and cleaning materials used during the compliance period 
minus the organic HAP in certain waste materials. Calculate 
He using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP22DE00.019

Where:

He = The total mass of organic HAP emissions during the 
compliance period, kg.
A = The total mass of organic HAP in the coatings used during the 
compliance period, kg, as calculated in Equation 1A of this section.
B = The total mass of organic HAP in the thinners used during the 
compliance period, kg, as calculated in Equation 1B of this section.
C = The total mass of organic HAP in the cleaning materials used during 
the compliance period, kg, as calculated in Equation 1C of this 
section.
Rw = The total mass of organic HAP in waste materials sent 
to a hazardous waste TSDF for treatment or disposal, kg, determined 
according to paragraph (e)(4) of this section. (You may assign a value 
of zero to Rw if you do not wish to use this allowance.)

    (1) Calculate A, the kg organic HAP in the coatings used during the 
compliance period using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.020

Where:

Volc,i = Total volume of coating, i, used during the 
compliance period, liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg 
organic HAP per kg coating.
m = Number of different coatings used during the compliance period.

    (2) Calculate B, the kg of organic HAP in the thinners used during 
the compliance period using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.021

Where:

Volt,j = Total volume of thinner, j, used during the 
compliance period, liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg 
organic HAP per kg thinner.
n = Number of different thinners used during the compliance period.

    (3) Calculate C, the kg organic HAP in the cleaning materials used 
during the compliance period using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.022

Where:

Vols,k = Total volume of cleaning material, k, used during 
the compliance period, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
kg organic HAP per kg material.
p = Number of different cleaning materials used during the compliance 
period.

    (4) Determine the mass of organic HAP contained in waste materials 
sent to a TSDF (Rw). If you choose to account for the mass 
of organic HAP contained in waste materials sent to a hazardous waste 
TSDF in the calculation of He (Equation 1 of this section), 
then you must include in your Notification of Compliance Status the 
information specified in paragraphs (e)(4)(i) through (iv) of this 
section. You may use this allowance only if the waste materials are 
generated by the coating operations for which you use Equation 1 of 
this section and are sent to a facility that is regulated as a TSDF 
under 40 CFR part 262, 264, 265, or 266. You must not make an allowance 
for organic HAP contained in wastewater.
    (i) The name and address of each TSDF to which the waste material 
was sent during the compliance period and a statement of which 
regulations under 40 CFR parts 262, 264, 265, and 266 apply to the 
facility.
    (ii) A description of the waste material sent to each TSDF, 
including the operations producing the waste material streams, the 
amount of waste materials sent to the TSDF during the compliance 
period, and the mass of organic HAP contained in these waste materials.
    (iii) The methodology used to determine the total amount of waste 
materials sent to the TSDF during the compliance period and the mass of 
organic HAP contained in these waste materials. This must include the 
sources for all data used in the determination, methods used to 
generate the data, and frequency of testing or monitoring.
    (iv) To the extent that waste manifests include the information 
specified in paragraphs (e)(4)(i) through (iii) of this section, they 
may be used as part of the documentation of the amount of waste 
materials and organic HAP content of waste materials sent to the TSDF.
    (f) Calculate the total volume of coating solids used during the

[[Page 81159]]

compliance period. Determine Vst, the total volume of 
coating solids used, liters, which is the combined volume of coating 
solids for all the coatings used during the compliance period, using 
Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TP22DE00.023

Where:

Vst = Total volume of coating solids used during the 
compliance period, liters.
Volc,i = Total volume of coating, i, used during the 
compliance period, liters.
Vs,i = Volume fraction of coating solids for coating, i, 
liters solids per liter coating, determined according to 
Sec. 63.4141(b).
m = Number of coatings used during the compliance period.

    (g) Calculate the organic HAP emission rate during the compliance 
period. Calculate Havg the organic HAP emission rate, kg 
organic HAP per liter coating solids used, using Equation 3 of this 
section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.024

Where:

Havg = The organic HAP emission rate for the compliance 
period, kg organic HAP per liter coating solids.
He = Total mass organic HAP emissions from all materials 
used during the compliance period, kg, as calculated by Equation 1 of 
this section.
Vst = Total volume coating solids used during the compliance 
period, liters, as calculated by Equation 2 of this section.

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period, Havg must be less than or equal 
to the applicable emission limit in Sec. 63.4090. You must keep all 
records as required by Secs. 63.4130 and 63.4131. As part of the 
Notification of Compliance Status required by Sec. 63.4110, you must 
identify the coating operation(s) for which you used the emission rate 
without add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in 
Sec. 63.4090.


Sec. 63.4152  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, determined according to the procedures 
in Sec. 63.4151(a) through (g), must be less than or equal to the 
applicable emission limit in Sec. 63.4090. Each calendar month 
following the initial compliance period described in Sec. 63.4150 is a 
compliance period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec. 63.4090, this is a 
deviation from the emission limitations for that compliance period and 
must be reported as specified in Secs. 63.4110(b)(6) and 63.4120(e).
    (c) As part of each semiannual compliance report required by 
Sec. 63.4120, you must submit a statement that you were in compliance 
with the emission limitations during the reporting period because the 
organic HAP emission rate for each compliance period was less than or 
equal to the applicable emission limit in Sec. 63.4090.
    (d) You must maintain records as specified in Secs. 63.4130 and 
63.4131.

Compliance Requirements for the Emission Rate With Add-On Controls 
Option


Sec. 63.4160  By what date must I conduct performance tests and other 
initial compliance demonstrations?

    (a) Existing sources. For an existing affected source, you must 
meet the requirements of paragraphs (a)(1) through (3) of this section.
    (1) Except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4161(h), you must 
conduct a performance test of each capture system and add-on control 
device according to the procedures in Secs. 63.4164, 63.4165, and 
63.4166, and establish the operating limits required by Sec. 63.4092, 
no later than the compliance date specified in Sec. 63.4083. For a 
solvent recovery system for which you conduct liquid-liquid material 
balances according to Sec. 63.4161(h), you must initiate the first 
material balance no later than the compliance date specified in 
Sec. 63.4083.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4093 no later than the compliance date specified in 
Sec. 63.4083.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4161. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4083 and ends on the last day of the first full 
calendar month after the compliance date. The initial compliance 
demonstration includes the results of emission capture system and add-
on control device performance tests conducted according to 
Secs. 63.4164, 63.4165, and 63.4166; results of liquid-liquid material 
balances conducted according to Sec. 63.4161(h); calculations showing 
whether the organic HAP emission rate for the initial compliance period 
was equal to or less than the emission limit in Sec. 63.4090(a); the 
operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by 
Sec. 63.4168; and documentation of whether you developed and 
implemented the work practice plan required by Sec. 63.4093.
    (b) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (b)(1) through (4) of this section.
    (1) Except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4161(h), you must 
conduct a performance test of each capture system and add-on control 
device according to the procedures in Secs. 63.4164, 63.4165, and 
63.4166, and establish the operating limits required by Sec. 63.4092, 
no later than 180 days after startup or 180 days after the effective 
date of this subpart, whichever is later. For a solvent recovery system 
for which you conduct liquid-liquid material balances according to 
Sec. 63.4161(h), you must initiate the first material balance no later 
than 180 days after startup or 180 days after the effective date of 
this subpart, whichever is later.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4093 no later than the compliance date specified in 
Sec. 63.4083.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec. 63.4161. The 
initial compliance period begins on the applicable compliance date 
specified in Sec. 63.4083 and ends on the last day of the first full 
calendar month after the compliance date, or the date you conduct the 
performance tests of the emission capture systems and add-on control 
devices, or initiate the first liquid-liquid material balance for a 
solvent recovery system, whichever is later. The initial compliance 
demonstration includes the results of emission capture system and add-
on control device performance tests conducted according to 
Secs. 63.4164, 63.4165, and 63.4166; results of liquid-liquid material 
balances conducted

[[Page 81160]]

according to Sec. 63.4161(h); calculations showing whether the organic 
HAP emission rate for the initial compliance period was equal to or 
less than the emission limit in Sec. 63.4090(b); the operating limits 
established during the performance tests and the results of the 
continuous parameter monitoring required by Sec. 63.4168; and 
documentation of whether you developed and implemented the work 
practice plan required by Sec. 63.4093.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by 
Sec. 63.4092 until after you have completed the performance tests 
specified in paragraph (b)(1) of this section. Instead, you must 
maintain a log detailing the operation and maintenance of the emission 
capture system, add-on control device, and continuous parameter 
monitors during the period between the compliance date and the 
performance test. All continuous parameter monitoring systems must be 
installed and operating on the applicable compliance date specified in 
Sec. 63.4083. You must begin complying with the operating limits for 
your affected source on the date you complete the performance tests 
specified in paragraph (b)(1) of this section. This requirement does 
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances.


Sec. 63.4161  How do I demonstrate initial compliance?

    You may use the emission rate with add-on controls option for any 
coating operation, for any group of coating operations in the affected 
source, or for all of the coating operations in the affected source. 
You may include both controlled and uncontrolled coating operations in 
a group for which you use this option. You must use either the 
compliant material option or the emission rate without add-on controls 
option for any coating operation(s) in the affected source for which 
you do not use this option. To demonstrate initial compliance, the 
coating operation(s) for which you use the emission rate with add-on 
controls option must meet the applicable emission limit in 
Sec. 63.4090, and each controlled coating operation must meet the 
operating limits and work practice standards required in Secs. 63.4092 
and 63.4093, respectively. You must meet all the requirements of this 
section to demonstrate initial compliance with the emission 
limitations. When calculating the organic HAP emission rate according 
to this section, do not include any coatings, thinners, or cleaning 
materials used on coating operations for which you use the compliant 
material option or the emission rate without add-on controls option.
    (a) Compliance with operating limits. Except as provided in 
Sec. 63.4160(b)(4), you must establish and demonstrate continuous 
compliance during the initial compliance period with the operating 
limits required by Sec. 63.4092, using the procedures specified in 
Secs. 63.4167 and 63.4168.
    (b) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.4093 during the initial compliance period as 
specified in Sec. 63.4130.
    (c) Compliance with emission limits. You must follow the procedures 
in paragraphs (d) through (l) of this section to demonstrate compliance 
with the applicable emission limit in Sec. 63.4090.
    (d) Determine the mass fraction of organic HAP, density, volume 
used, and volume of coating solids. Follow the procedures specified in 
Sec. 63.4151(a) through (d) to determine the mass fraction of organic 
HAP, density, and volume of each coating, thinner, and cleaning 
material used during the compliance period; and the volume fraction of 
coating solids for each coating used during the compliance period.
    (e) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.4151, calculate the total mass of 
organic HAP emissions, He, before add-on controls from all 
coatings, thinners, and cleaning materials used during the compliance 
period.
    (f) Calculate the organic HAP emission reduction for each 
controlled coating operation. Determine the mass of organic HAP 
emissions reduced for each controlled coating operation during the 
compliance period. The emissions reduction determination quantifies the 
total organic HAP emissions that pass through the emission capture 
system and are destroyed or removed by the add-on control device. Use 
the procedures in paragraph (g) of this section to calculate the mass 
of organic HAP emissions reduction for each controlled coating 
operation using an emission capture system and add-on control device 
other than a solvent recovery system for which you conduct liquid-
liquid material balances. For each controlled coating operation using a 
solvent recovery system for which you conduct a liquid-liquid material 
balance, use the procedures in paragraph (h) of this section to 
calculate the organic HAP emissions reduction.
    (g) Calculate the organic HAP emissions, HC , reduction 
for controlled coating operations not using liquid-liquid material 
balance. For each controlled coating operation using an emission 
capture system and add-on control device other than a solvent recovery 
system for which you conduct liquid-liquid material balances, calculate 
HC, using Equation 1 of this section, by applying the 
emission capture system efficiency and add-on control device efficiency 
to the mass of organic HAP contained in the coatings, thinners, and 
cleaning materials that are used in the coating operation served by the 
emission capture system and add-on control device during the compliance 
period. If an operating parameter for the emission capture system or 
add-on control device deviates from the operating limits specified in 
Sec. 63.4092, then you must assume zero efficiency for the emission 
capture system and add-on control device during the deviation. For the 
purposes of completing the compliance calculations, you must treat the 
materials used during a deviation on a controlled coating operation as 
if they were used on an uncontrolled coating operation for the time 
period of the deviation. You must not include those materials in the 
calculations of organic HAP emissions reduction in Equation 1 of this 
section.
[GRAPHIC] [TIFF OMITTED] TP22DE00.025

Where:

HC = Mass of organic HAP emissions reduction for the 
controlled coating operation during the compliance period, kg.
AI = The total mass of organic HAP in the coatings used in 
the controlled coating operation, kg, as calculated in Equation 1A of 
this section.
BI = The total mass of organic HAP in the thinners used in 
the controlled

[[Page 81161]]

coating operation, kg, as calculated in Equation 1B of this section.
CI = The total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the compliance period, 
kg, as calculated in Equation 1C of this section.
CE = The capture efficiency of the emission capture system vented to 
the add-on control device, percent. Use the test methods and procedures 
specified in Secs. 63.4164 and 63.4165 to measure and record capture 
efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
control device, percent. Use the test methods and procedures in 
Secs. 63.4164 and 63.4166 to measure and record the organic HAP 
destruction or removal efficiency.

    (1) Calculate AI, the mass of organic HAP in the 
coatings used in the controlled coating operation, kg, using Equation 
1A of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.026

Where:

Volc,i = Total volume of coating, i, used, liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per 
kg.
m = Number of different coatings used.

    (2) Calculate BI, the mass of organic HAP in the 
thinners used in the controlled coating operation, kg, using Equation 
1B of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.027

Where:

Volt,j = Total volume of thinner, j, used, liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg per 
kg.
n = Number of different thinners used.

    (3) Calculate CI, the mass of organic HAP in the 
cleaning materials used in the controlled coating operation during the 
compliance period, kg, using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.028

Where:

Vols,k = Total volume of cleaning material, k, used, liters.
Ds,k  = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
kg per kg.
p = Number of different cleaning materials used.

    (h) Calculate the organic HAP emissions reduction for controlled 
coating operations using liquid-liquid material balance, 
HCSR. For each controlled coating operation using a solvent 
recovery system for which you conduct liquid-liquid material balances, 
calculate HCSR by applying the volatile organic matter 
collection and recovery efficiency to the mass of organic HAP contained 
in the coatings, thinners, and cleaning materials that are used in the 
coating operation controlled by the solvent recovery system during the 
compliance period. Perform a liquid-liquid material balance for each 
compliance period as specified in paragraphs (h)(1) through (6) of this 
section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each compliance period. The 
device must be initially certified by the manufacturer to be accurate 
to within  2.0 percent.
    (2) For each solvent recovery system, determine the mass, 
MVR, of volatile organic matter recovered for the compliance 
period, kg, based on measurement with the device required in paragraph 
(h)(1) of this section.
    (3) Determine the mass fraction, CV, of volatile organic 
matter for each coating used in the coating operation controlled by the 
solvent recovery system during the compliance period, kg volatile 
organic matter per kg coating. You may determine the volatile organic 
matter mass fraction using Method 24 of 40 CFR part 60, appendix A, or 
an EPA approved alternative method, or you may use information provided 
by the manufacturer or supplier of the coating. In the event of any 
inconsistency between information provided by the manufacturer or 
supplier and the results of Method 24 of 40 CFR part 60, appendix A, or 
an approved alternative method, the test method results will govern.
    (4) Determine the density of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period, kg per liter, according 
to Sec. 63.4151(c).
    (5) Measure the volume of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period, liters.
    (6) Calculate the solvent recovery system's volatile organic matter 
collection and recovery efficiency, RV, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.029

Where:

RV = Volatile organic matter collection and recovery 
efficiency of the solvent recovery system during the compliance period, 
percent.
MVR = Mass of volatile organic matter recovered by the 
solvent recovery system during the compliance period, kg.
Voli = Volume of coating, i, used in the coating operation 
controlled by the solvent recovery system during the compliance period, 
liters.
Di = Density of coating, i, kg per liter.
CVi = Mass fraction of volatile organic matter for coating, 
i, kg volatile organic matter per kg coating.
Volj = Volume of thinner, j, used in the coating operation 
controlled by the solvent recovery system during the compliance period, 
liters.
Dj = Density of thinner, j, kg per liter.
Volk = Volume of cleaning material, k, used in the coating 
operation controlled by the solvent recovery system during the 
compliance period, liters.
Dk = Density of cleaning material, k, kg per liter.
m = Number of different coatings used in the coating operation 
controlled by the solvent recovery system during the compliance period.
n = Number of different thinners used in the coating operation 
controlled by the solvent recovery system during the compliance period.

[[Page 81162]]

p = Number of different cleaning materials used in the coating 
operation controlled by the solvent recovery system during the 
compliance period.

    (7) Calculate the mass of organic HAP emissions reduction for the 
coating operation controlled by the solvent recovery system during the 
compliance period, HCSR, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.030

Where:

HCSR = Mass of organic HAP emissions reduction for the 
coating operation controlled by the solvent recovery system during the 
compliance period, kg.
AI = The total mass of organic HAP in the coatings used in 
the coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 1A of this section.
BI = The total mass of organic HAP in the thinners used in 
the coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 1B of this section.
CI = The total mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery 
system, kg, calculated using Equation 1C of this section.
RV = Volatile organic matter collection and recovery 
efficiency of the solvent recovery system, percent, from Equation 2 of 
this section.

    (i) [Reserved]
    (j) Calculate the total volume of coating solids used. Determine 
Vst, the total volume of coating solids used, liters, which 
is the combined volume of coating solids for all the coatings used 
during the compliance period, using Equation 2 of Sec. 63.4151.
    (k) Calculate the organic HAP emission rate. Determine 
HHAP, the organic HAP emission rate to the atmosphere, kg 
organic HAP per liter coating solids used during the compliance period, 
using either Equation 4 of this section or Equation 1 of Sec. 63.4162.
[GRAPHIC] [TIFF OMITTED] TP22DE00.031

Where:

He = Total mass of organic HAP emissions before add-on 
controls from all the coatings, thinners, and cleaning materials used 
during the compliance period, kg, determined according to paragraph (e) 
of this section.
HC,i = Total mass of organic HAP emissions reduction for 
controlled coating operation, i, during the compliance period, kg, from 
Equation 1 of this section.
HCSR,j = Total mass of organic HAP emissions reduction for 
controlled coating operation, j, during the compliance period, kg, from 
Equation 3 of this section.
Vst = Total volume of coating solids used during the 
compliance period, liters, from Equation 2 of Sec. 63.4151.
q = Number of controlled coating operations except those controlled 
with a solvent recovery system.
r = Number of coating operations controlled with a solvent recovery 
system.

    (l) Compliance demonstration. To demonstrate initial compliance 
with the emission limit, HHAP, calculated using either 
Equation 4 of this section or Equation 1 of Sec. 63.4162, must be less 
than or equal to the applicable emission limit in Sec. 63.4090. You 
must keep all records as required by Secs. 63.4130 and 63.4131. As part 
of the Notification of Compliance Status required by Sec. 63.4110, you 
must identify the coating operation(s) for which you used the emission 
rate with ad-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in 
Sec. 63.4090, and you achieved the operating limits required by 
Sec. 63.4092 and the work practice standards required by Sec. 63.4093.


Sec. 63.4162  How do I determine the organic HAP emission rate for a 
controlled coating operation not using a material balance if I operate 
it under different sets of representative operating conditions?

    (a) If a controlled coating operation for which you do not conduct 
liquid-liquid material balances, its emission capture system, or its 
add-on control device will be operated at multiple sets of 
representative operating conditions that result in different capture 
system or add-on control device efficiencies during the compliance 
period, you must determine the organic HAP emission rate according to 
either paragraph (b) or (c) of this section. The cases described in 
paragraphs (a)(1) and (2) of this section are examples of such 
operating conditions.
    (1) You use a single add-on control device to reduce emissions from 
two or more coating operations, and the number of coating operations 
vented to the add-on control device is variable during the compliance 
period. This case also includes situations where you have more than one 
capture device on the same coating operation, and the number of capture 
devices or one of the capture devices vented to the control device is 
changed during the compliance period.
    (2) The coatings or cleaning materials you apply, or the products 
to which you apply them, differ during the compliance period, and the 
differences are such that the emission capture efficiency or add-on 
control device efficiency changes. This case includes a change in the 
shape or size of the product coated such that there is a change in 
capture efficiency of the capture system. This case also includes a 
change in the materials that results in an inlet concentration to the 
add-on control device that is sufficiently lower such that the percent 
reduction the control device can achieve changes, or a change in the 
volatility of the organic HAP in the materials used such that a lower 
proportion of the HAP is captured by the capture system, and a higher 
amount is not captured by the capture system.
    (b) If you conduct your performance test under the representative 
operating conditions that are expected to result in the lowest emission 
capture system and add-on control device efficiencies, as allowed under 
Sec. 63.4164(b)(2), then determine the organic HAP emission rate 
according to the procedures and equations in Sec. 63.4161. You do not 
need to follow paragraph (c) of this section.
    (c) If you conduct your performance test under multiple sets of 
representative operating conditions to establish different emission 
capture system and add-on control device efficiencies for each set of 
operating conditions, as allowed under

[[Page 81163]]

Sec. 63.4164(b)(1), then determine the organic HAP emission rate 
according to paragraphs (c)(1) and (2) of this section.
    (1) You must use Equation 1 of this section for determining 
HHAP, the organic HAP emission rate to the atmosphere, kg 
organic HAP per liter coating solids used.
[GRAPHIC] [TIFF OMITTED] TP22DE00.032

Where:

He = Total mass of organic HAP emissions before add-on 
controls from all coatings, thinners, and cleaning materials used 
during the compliance period, kg, determined according to 
Sec. 63.4161(e).
HC,i1, HC,i2, HC,in = Total mass of 
organic HAP emissions reduction, kg, for controlled coating operation, 
i, while operating under each operating condition, n, during the 
compliance period, from Equation 1 of Sec. 63.4161.
HCSR,j = Total mass of organic HAP emissions reduction, kg, 
from coating operation, j, controlled by a solvent recovery system, 
from Equation 3 of Sec. 63.4161.
Vst = Total volume of coating solids used during the 
compliance period, liters, from Equation 2 of Sec. 63.4151.
n = Number of different operating conditions that affect emission 
capture system efficiency or add-on control device organic HAP 
destruction or removal efficiency under which the coating operation 
operated during the compliance period.
q = Number of controlled coating operations not controlled by a solvent 
recovery system.
r = Number of different coating operations controlled by a solvent 
recovery system.

    (2) To determine the HCn in Equation 1 of this section, 
follow the steps in paragraphs (c)(2)(i) through (iii) of this section.
    (i) Use Equation 1 of Sec. 63.4161 to calculate the HCn 
for each operating condition of each controlled coating operation.
    (ii) For the factors AI, BI, and 
CI in Equation 1 of Sec. 63.4161, use the mass of organic 
HAP contained in the coatings, thinners, and cleaning materials used in 
each controlled coating operation while operating under each operating 
condition, n.
    (iii) In Equation 1 of Sec. 63.4161, use the emission capture 
system efficiency and add-on control device organic HAP destruction or 
removal efficiency that apply under each operating condition, n. These 
efficiencies for each operating condition are determined from the 
performance test required by Sec. 63.4160.


Sec. 63.4163  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.4090, the organic HAP emission rate for each 
compliance period, determined according to the procedures in 
Sec. 63.4161 (and in Sec. 63.4162, if applicable), must be equal to or 
less than the applicable emission limit in Sec. 63.4090. Each calendar 
month following the initial compliance period described in Sec. 63.4160 
is a compliance period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec. 63.4090, this is a 
deviation from the emission limitation for that compliance period and 
must be reported as specified in Secs. 63.4110(b)(6) and 63.4120(g).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4092 that applies to you, as specified in 
Table 1 of this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 of this subpart, this is a deviation from the operating 
limit that must be reported as specified in Secs. 63.4110(b)(6) and 
63.4120(g).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 of this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Secs. 63.4161 and 
63.4162, you must treat the materials used during a deviation on a 
controlled coating operation as if they were used on an uncontrolled 
coating operation for the time period of the deviation. You must not 
include those materials in the calculation of organic HAP emissions 
reduction in Equation 1 of Sec. 63.4161.
    (d) You must meet the requirements for bypass lines in 
Sec. 63.4168(b). If any bypass line is opened and emissions are 
diverted to the atmosphere when the coating operation is running, this 
is a deviation that must be reported as specified in 
Secs. 63.4110(b)(6) and 63.4120(g). For the purposes of completing the 
compliance calculations specified in Secs. 63.4161 and 63.4162, you 
must treat the materials used during a deviation on a controlled 
coating operation as if they were used on an uncontrolled coating 
operation for the time period of the deviation. You must not include 
those materials in the calculation of organic HAP emissions reduction 
in Equation 1 of Sec. 63.4161.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4093. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec. 63.4130(k)(9), this is a deviation from 
the work practice standards that must be reported as specified in 
Secs. 63.4110(b)(6) and 63.4120(g).
    (f) As part of each semiannual compliance report required in 
Sec. 63.4120, you must submit a statement that you were in compliance 
with the emission limitations during the reporting period because the 
organic HAP emission rate for each compliance period was less than or 
equal to the applicable emission limit in Sec. 63.4090, and you 
achieved the operating limits required by Sec. 63.4092 and the work 
practice standards required by Sec. 63.4093 during each compliance 
period.
    (g) During periods of startup, shutdown, and malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency, you must 
operate in accordance with the startup, shutdown, and malfunction plan 
required by Sec. 63.4100(d).
    (h) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that 
occur during a period of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with the startup, shutdown, and 
malfunction plan. The Administrator will determine whether deviations 
that occur during a period of

[[Page 81164]]

startup, shutdown, or malfunction are violations according to the 
provisions in Sec. 63.6(e).
    (i) [Reserved]
    (j) You must maintain records as specified in Secs. 63.4130 and 
63.4131.


Sec. 63.4164  What are the general requirements for performance tests?

    (a) You must conduct each performance test according to the 
requirements in Sec. 63.7(e)(1) and under the conditions in paragraphs 
(a)(1) and (2) of this section, except as provided in paragraph (b) of 
this section:
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or malfunction and periods of nonoperation do not constitute 
representative conditions. You must record the process information that 
is necessary to document operating conditions during the test and 
explain why the conditions are representative of normal operation.
    (2) Representative emission capture system and add-on control 
device operating conditions. You must conduct the performance test when 
the emission capture system and add-on control device are operating at 
a representative flow rate, and the add-on control device is operating 
at a representative inlet concentration. You must record information 
that is necessary to document emission capture system and add-on 
control device operating conditions during the test and explain why the 
conditions are representative of normal operation.
    (b) If the coating operation, emission capture system, or add-on 
control device will be operated at different sets of representative 
operating conditions, you must conduct the performance test according 
to either paragraph (b)(1) or (2) of this section:
    (1) Test at each of the representative operating conditions and 
establish emission capture system and add-on control device 
efficiencies and operating limits for each operating condition. To 
demonstrate continuous compliance following the performance test, 
record the conditions under which the process, emission capture system, 
and add-on control device are operating during each time period of 
operation, and calculate the organic HAP emission rate as described in 
Sec. 63.4162.
    (2) Test at the representative operating conditions that are 
expected to result in the lowest emission capture system and add-on 
control device efficiencies and establish efficiencies and operating 
limits based on this test. Use these efficiencies in the emission 
calculations in Sec. 63.4161.
    (c) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.4165 and of an add-on 
control device according to the requirements in Sec. 63.4166.
    (d) The performance test to determine add-on control device organic 
HAP destruction or removal efficiency must consist of three runs as 
specified in Sec. 63.7(e)(3) and each run must last at least 1 hour.


Sec. 63.4165  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required 
by Sec. 63.4160.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from 
the enclosure to an add-on control device.
    (2) All coatings, thinners, and cleaning materials used in the 
coating operation are applied within the capture system; coating 
solvent flash-off and coating, curing, and drying occurs within the 
capture system; and the removal of or evaporation of cleaning materials 
from the surfaces they are applied to occurs within the capture system. 
For example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs and each run must last at 
least 3 hours and through a complete production run as long as the 
production run does not exceed 8 hours.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation, referred to as TVHused, to the mass of TVH 
emissions not captured by the emission capture system, referred to as 
TVHuncaptured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (c)(1) through (6) of this 
section to measure emission capture system efficiency using the liquid-
to-uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners, and cleaning 
materials are applied, and all areas where emissions from these applied 
coatings and materials subsequently occur, such as flash-off, curing, 
and drying areas. The areas of the coating operation where capture 
devices collect emissions for routing to an add-on control device, such 
as the entrance and exit areas of an oven or spray booth, must also be 
inside the enclosure. The enclosure must meet the applicable definition 
of a temporary total enclosure or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction, kg TVH per kg material, of TVH liquid 
input from each coating, thinner, and cleaning material used in the 
coating operation during each capture efficiency test run. To make the 
determination, substitute TVH for each occurrence of the term VOC in 
the methods.
    (3) Use Equation 1 of this section to calculate TVHused, 
the total mass of TVH liquid input from all the coatings, thinners, and 
cleaning materials used in the coating operation during each capture 
efficiency test run.
[GRAPHIC] [TIFF OMITTED] TP22DE00.033


[[Page 81165]]


Where:

TVHi = Mass fraction of TVH in coating, thinner, or cleaning 
material, i, that is used in the coating operation during the capture 
efficiency test run, kg TVH per kg material.
Voli = Total volume of coating, thinner, or cleaning 
material, i, used in the coating operation during the capture 
efficiency test run, liters.
Di = Density of coating, thinner, or cleaning material, i, 
kg material per liter material.
n = number of different coatings, thinners, and cleaning materials used 
in the coating operation during the capture efficiency test run.

    (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
TVHuncaptured, the total mass, kg, of TVH emissions that are 
not captured by the emission capture system; they are measured as they 
exit the temporary total enclosure or building enclosure during each 
capture efficiency test run. To make the measurement, substitute TVH 
for each occurrence of the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency, CE, of the emission capture system using Equation 2 
of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.034

Where:

TVHused = The total mass of TVH liquid input used in the 
coating operation during the capture efficiency test run, kg.
TVHuncaptured = The total mass of TVH that is not captured 
by the emission capture system and that exits from the temporary total 
enclosure or building enclosure during the capture efficiency test run, 
kg.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system, referred to as 
TVHcaptured, to the mass of TVH emissions not captured, 
referred to as TVHuncaptured. Use a temporary total 
enclosure or a building enclosure and the procedures in paragraphs 
(d)(1) through (5) of this section to measure emission capture system 
efficiency using the gas-to-gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners, and cleaning 
materials are applied, and all areas where emissions from these applied 
coatings and materials subsequently occur, such as flash-off, curing, 
and drying areas. The areas of the coating operation where capture 
devices collect emissions generated by the coating operation for 
routing to an add-on control device, such as the entrance and exit 
areas of an oven or a spray booth, must also be inside the enclosure. 
The enclosure must meet the applicable definition of a temporary total 
enclosure or building enclosure in Method 204 of appendix M to 40 CFR 
part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure TVHcaptured, the total mass, kg, of TVH emissions 
captured by the emission capture system during each capture efficiency 
test run as measured at the inlet to the add-on control device. To make 
the measurement, substitute TVH for each occurrence of the term VOC in 
the methods.
    (i) The sampling points for the Method 204B or 204C measurement 
must be upstream from the add-on control device and must represent 
total emissions routed from the capture system and entering the add-on 
control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure TVHuncaptured, the total mass, kg, of TVH emissions 
that are not captured by the emission capture system; they are measured 
as they exit the temporary total enclosure or building enclosure during 
each capture efficiency test run. To make the measurement, substitute 
TVH for each occurrence of the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency, CE, of the emission capture system using Equation 3 
of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.035

Where:

TVHcaptured = The total mass of TVH captured by the emission 
capture system as measured at the inlet to the add-on control device 
during the emission capture efficiency test run, kg.
TVHuncaptured = The total mass of TVH that is not captured 
by the emission capture system and that exits from the temporary total 
enclosure or building enclosure during the capture efficiency test run, 
kg.

    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.

[[Page 81166]]

    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section, you 
may determine capture efficiency using any other capture efficiency 
protocol and test methods that satisfy the criteria of either the DQO 
or LCL approach as described in appendix A to subpart KK of this part.


Sec. 63.4166  How do I determine the add-on control device emission 
destruction or removal efficiency?

    (a) For all types of add-on control devices, use the test methods 
as specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight.
    (4) Use Method 4 of appendix A to 40 CFR part 60, to determine 
stack gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
Method 25 or 25A of appendix A to 40 CFR part 60. Use Method 25A 
instead of Method 25 if you expect the total gaseous organic 
concentration as carbon to be 50 parts per million (ppm) or less at the 
control device outlet. Use the same method for both the inlet and 
outlet measurements.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator 
with an outlet for the high-volume, dilute stream that has been treated 
by the concentrator, and a second add-on control device is an oxidizer 
with an outlet for the low-volume, concentrated stream that is treated 
with the oxidizer, you must measure emissions at both outlets.
    (d) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and the outlet of the add-on 
control device, using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.036

Where:

Mf = The total gaseous organic emissions mass flow rate, kg/
per hour (h).
Cc = The concentration of organic compounds as carbon in the 
vent gas, as determined by Method 25 or Method 25A, parts per million 
by volume (ppmv), dry basis.
Qsd = The volumetric flow rate of gases entering or exiting 
the control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 2G, 
dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-mol per cubic meter 
(m3) (@ 293 Kelvin (K) and 760 millimeters of mercury 
(mmHg)).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, DRE, using Equation 2 of 
this section.
[GRAPHIC] [TIFF OMITTED] TP22DE00.037

Where:

Mfi = The total gaseous organic emissions mass flow rate at 
the inlet to the control device, using Equation 1 of this section, kg/
h.
Mfo = The total gaseous organic emissions mass flow rate at 
the outlet of the control device, using Equation 1 of this section, kg/
h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.


Sec. 63.4167  How do I establish the emission capture system and add-on 
control device operating limits during the performance test?

    During the performance test required by Sec. 63.4160 and described 
in Secs. 63.4164, 63.4165, and 63.4166, you must establish the 
operating limits required by Sec. 63.4092 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec. 63.8(f) as specified in Sec. 63.4092.
    (a) Thermal oxidizers. If your control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer, unless you are determining 
operating limits for multiple operating conditions as specified in 
Sec. 63.4164(b)(1) and paragraph (f) of this section.
    (b) Catalytic oxidizers. If your control device is a catalytic 
oxidizer, establish the operating limits according to paragraphs (b)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained 
during the performance test. These are the minimum operating limits for 
your catalytic oxidizer, unless you are determining operating limits 
for multiple operating conditions as specified in Sec. 63.4164(b)(1) 
and paragraph (f) of this section.
    (c) Carbon adsorbers. If your control device is a carbon adsorber, 
establish the operating limits according to paragraphs (c)(1) and (2) 
of this section.
    (1) You must monitor and record the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
and the carbon bed temperature after each carbon bed regeneration and 
cooling cycle, for the regeneration cycle either immediately preceding 
or immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle, 
and the maximum carbon bed temperature recorded after the cooling 
cycle, unless you are determining operating limits for multiple 
operating conditions as specified in Sec. 63.4164(b)(1) and paragraph 
(f) of this section.
    (d) Condensers. If your control device is a condenser, establish 
the operating limits according to paragraphs (d)(1) and (2) of this 
section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.

[[Page 81167]]

    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser, 
unless you are determining operating limits for multiple operating 
conditions as specified in Sec. 63.4164(b)(1) and paragraph (f) of this 
section.
    (e) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.4165(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (e)(1) and (2) of this section. 
The operating limit for a PTE is specified in Table 1 of this subpart.
    (1) During the capture efficiency determination required by 
Sec. 63.4160 and described in Secs. 63.4164 and 63.4165, you must 
monitor and record either the gas volumetric flow rate or the duct 
static pressure for each separate capture device in your emission 
capture system at least once every 15 minutes during each of the three 
test runs at a point in the duct between the capture device and the 
add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device, unless you 
are determining operating limits for multiple operating conditions as 
specified in Sec. 63.4164(b)(1) and paragraph (f) of this section.
    (f) Multiple operating conditions. If you are determining operating 
limits for multiple operating conditions for the emission capture 
system or add-on control device as specified in Sec. 63.4164(b)(1), you 
must conduct a performance test under each operating condition and 
establish the operating limits for the parameters under each operating 
condition according to paragraphs (f)(1) and (2) of this section.
    (1) You must monitor and record the value of the parameter that 
corresponds to the applicable operating limit during the performance 
test under each operating condition.
    (2) The average parameter value recorded during the performance 
test under each condition is the operating limit for that parameter 
when the coating operation is operating under that condition.


Sec. 63.4168  What are the requirements for continuous monitoring 
system (CMS) installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each 
continuous parameter monitoring system specified in paragraphs (b) 
through (f) of this section according to paragraphs (a)(1) through (6) 
of this section.
    (1) The continuous parameter monitoring system must complete a 
minimum of one cycle of operation for each successive 15-minute period. 
You must have a minimum of four successive cycles of continuous 
parameter monitoring system operation in 1 hour.
    (2) You must determine the average of all recorded readings for 
each successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, 
and validation check of the continuous parameter monitoring system.
    (4) You must maintain the continuous parameter monitoring system at 
all times and have available necessary parts for routine repairs of the 
monitoring equipment.
    (5) You must operate the continuous parameter monitoring system and 
collect emission capture system and add-on control device parameter 
data at all times that a controlled coating operation is operating, 
except during monitoring malfunctions, associated repairs, and required 
quality assurance or control activities (including, if applicable, 
calibration checks and required zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities when calculating data averages. You 
must use all the data collected during all other periods in calculating 
the data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the continuous parameter monitoring 
system to provide valid data. Monitoring failures that are caused in 
part by poor maintenance or careless operation are not malfunctions. 
Any period for which the monitoring system is out-of-control and data 
are not available for required calculations is a deviation from the 
monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(2)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that provides a record indicating whether 
the emissions are directed to the control device or diverted from the 
add-on control device. The time of occurrence and flow control position 
must be recorded, as well as every time the flow direction is changed. 
The flow control position indicator must be installed at the entrance 
to any bypass line that could divert the emissions away from the add-on 
control device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass 
line valve in the closed position with a car-seal or a lock-and-key 
type configuration. You must visually inspect the seal or closure 
mechanism at least once every month to ensure that the valve is 
maintained in the closed position, and the emissions are not diverted 
away from the add-on control device to the atmosphere.
    (iii) Valve closure continuous monitoring. Ensure that any bypass 
line valve is in the closed (non-diverting) position through continuous 
monitoring of valve position. You must inspect the monitoring system at 
least once every month to verify that the monitor will indicate valve 
position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shutdown the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.4120.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal

[[Page 81168]]

oxidizer or catalytic oxidizer as an add-on control device, you must 
comply with the requirements in paragraphs (c)(1) through (3) of this 
section:
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install gas temperature monitors both 
upstream and downstream of the catalyst bed. The temperature monitors 
must be in the gas stream immediately before and after the catalyst bed 
to measure the temperature difference across the bed.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of 
this section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 30 degrees Fahrenheit of the process temperature 
sensor's reading.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (vii) At least monthly, inspect all components for integrity and 
all electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
the carbon bed temperature after each regeneration and cooling cycle, 
and comply with paragraphs (a) and (d)(1) and (2) of this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent, capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a measurement 
sensitivity of 1 percent of the temperature recorded or 1 degree 
Fahrenheit, whichever is greater, and must be capable of recording the 
temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a measurement sensitivity 
of 1 percent of the temperature recorded or 1 degree Fahrenheit, 
whichever is greater.
    (2) The temperature monitor must provide a gas temperature record 
at least once every 15 minutes.
    (f) Emission capture system monitoring. The capture system 
monitoring system must comply with the applicable requirements in 
paragraphs (f)(1) and (2) of this section.
    (1) For each flow measurement device, you must meet the 
requirements in paragraphs (a) and (f)(1)(i) through (v) of this 
section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Use a flow sensor with a measurement sensitivity 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.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (f)(2)(i) through (vii) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Use a gauge with a measurement sensitivity of 0.5 inch of 
water or a transducer with a measurement sensitivity of 1 percent of 
the pressure range.
    (iv) Check pressure tap pluggage daily.
    (v) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (vi) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vii) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.

Other Requirements and Information


Sec. 63.4180  Who implements and enforces 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 (as well as the U.S. EPA), then that agency has the 
authority to administer and enforce this subpart. You should contact 
your EPA Regional Office to find out if 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 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 as follows:
    (1) Approval of alternatives to the work practice standards in 
Sec. 63.4093 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. 63.4181  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
the General Provisions of this part, and in this section as follows:
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that

[[Page 81169]]

reduces pollution in an air stream by destruction or removal before 
discharge to the atmosphere.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency means the portion (expressed as a percentage) of 
the pollutants from an emission source that is delivered to an add-on 
control device.
    Capture system means one or more capture devices intended to 
collect emissions generated by a coating operation in the use of 
coatings and cleaning materials, both at the point of application and 
at subsequent points where emissions from the coatings and cleaning 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
coating operation are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating, 
from a substrate before or after coating application or from equipment 
associated with a coating operation, such as spray booths, spray guns, 
racks, tanks, and hangers. Thus, it includes cleaning materials used 
for both substrates and equipment.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, and maskants. 
Decorative, protective, or functional materials that consist only of 
protective oils, acids, bases, or any combination of these substances 
are not considered coatings for the purposes of this subpart.
    Coating operation means any equipment used to prepare a substrate 
for coating application (surface preparation) or to clean it after 
coating application; to apply coating to a substrate (coating 
application); or to clean coating operation equipment and storage, 
mixing, and conveying equipment (equipment cleaning). A single coating 
operation may include any combination of these types of equipment, but 
always includes at least the point at which a coating or cleaning 
material is applied and all subsequent points where organic HAP 
emissions from that coating or cleaning material occur. There may be 
multiple coating operations in an affected source.
    Coating solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this subpart, used to sample, condition (if 
applicable), analyze, and provide a record of coating operation, or 
capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    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 limit, or operating 
limit, or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions 
and captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds 
are listed in 40 CFR 51.100(s).
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material. Manufacturer's formulation data 
may include, but are not limited to, information on density, organic 
HAP content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained; kg of organic 
HAP per kg of material.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating, calculated using Equation 2 of 
Sec. 63.4141. The organic HAP content is determined for the coating in 
the condition it is in when received from its manufacturer or supplier 
and does not account for any alteration after receipt.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to a 
substrate for the purpose of providing lubrication or protection from 
corrosion without forming a solid film. This definition of protective 
oils includes, but is not limited to, lubricating oils, evaporative 
oils (including those that evaporate completely), and extrusion oils.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Startup, initial means the first time equipment is brought online 
in a facility.
    Surface preparation means cleaning of part or all of a substrate to 
prepare it for coating application.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from 
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic material determined according to Methods 
204A through 204C of appendix M to 40 CFR part 51 and substituting the 
term TVH each place in the methods where the term VOC is used. The TVH 
includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating;

[[Page 81170]]

liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or 
discharged.

Tables

  Table 1 to Subpart NNNN. Operating Limits If Using the Emission Rate
                       With Add-On Controls Option
------------------------------------------------------------------------
                                                        And you must
                                                         demonstrate
                                You must meet the        continuous
For the following device . .   following operating   compliance with the
              .                    limit . . .      operating limit by .
                                                             . .
------------------------------------------------------------------------
(1) Thermal oxidizer........  The average           (i) Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.4168(c); and
                               combustion           (ii) reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec.    (iii) maintaining
                               63.4167(a).           the 3-hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
(2) Catalytic oxidizer......  (a) The average       (i) Collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.4168(c); and
                               bed in any 3-hour    (ii) Reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    (iii) Maintaining
                               according to Sec.     the 3-hour average
                               63.4167(b).           temperature before
                                                     the catalyst bed at
                                                     or above the
                                                     temperature limit.
                              (b) The average       (i) Collecting the
                               temperature           temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.4168(c); and
                               any 3-hour period    (ii) Reducing the
                               must not fall below   data to 3-hour
                               the temperature       block averages; and
                               difference limit      (iii) maintaining
                               established           the 3-hour average
                               according to Sec.     temperature
                               63.4167(b).           difference at or
                                                     above the
                                                     temperature
                                                     difference limit.
(3) Carbon adsorber.........  (a) The total         (i) Measuring the
                               regeneration          total regeneration
                               desorbing gas         desorbing gas
                               (e.g., steam or       (e.g., steam or
                               nitrogen) mass flow   nitrogen) mass flow
                               for each carbon bed   for each
                               regeneration cycle    regeneration cycle
                               must not fall below   according to Sec.
                               the total             63.4168(d); and
                               regeneration         (ii) Maintaining the
                               desorbing gas mass    total regeneration
                               flow limit            desorbing gas mass
                               established           flow at or above
                               according to Sec.     the mass flow
                               63.4167(c).           limit.
                              (b) The temperature   (i) Measuring the
                               of the carbon bed,    temperature of the
                               after completing      carbon bed, after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle, must not       any cooling cycle,
                               exceed the carbon     according to Sec.
                               bed temperature       63.4168(d); and
                               limit established    (ii) Maintaining the
                               according to Sec.     carbon bed
                               63.4167(c).           temperature
                                                     recorded after
                                                     completing each
                                                     regeneration and
                                                     any cooling cycle
                                                     at or below the
                                                     temperature limit.
(4) Condenser...............  The average           (i) Collecting the
                               condenser outlet      condenser outlet
                               (product side) gas    (product side) gas
                               temperature in any    temperature
                               3-hour period must    according to Sec.
                               not exceed the        63.4168(e); and
                               temperature limit    (ii) Reducing the
                               established           data to 3-hour
                               according to Sec.     block averages; and
                               63.4167(d).          (iii) Maintaining
                                                     the 3-hour average
                                                     gas temperature at
                                                     the outlet at or
                                                     below the
                                                     temperature limit.
(5) Emission capture system   The direction of the  (i) Collecting the
 that is a PTE according to    air flow at all       direction of air
 Sec.  63.4165(a).             times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               in any 3-hour         of air through all
                               period, either the    natural draft
                               average facial        openings according
                               velocity of air       to Sec.
                               through all natural   63.4168(f)(1) or
                               draft openings in     the pressure drop
                               the enclosure must    across the
                               be at least 3,600     enclosure according
                               meters per minute     to Sec.
                               (200 feet per         63.4168(f)(2); and
                               minute), OR the      (ii) Reducing the
                               pressure drop         data for facial
                               across the            velocity or
                               enclosure must be     pressure drop to 3-
                               at least 0.013 mmHg   hour block
                               (0.007 inch H2O),     averages; and
                               as established in    (iii) Maintaining
                               Method 204 of         the 3-hour average
                               appendix M to 40      facial velocity of
                               CFR part 51.          air flow through
                                                     all natural draft
                                                     openings or the
                                                     pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
(6) Emission capture system   The average gas       (i) Collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec.  63.4165(a).          rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.4168(f); and
                               device inlet in any  (ii) Reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   (iii) Maintaining
                               flow rate or duct     the 3-hour average
                               static pressure       gas volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec.  63.4167(e).     or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limit.
------------------------------------------------------------------------


                  Table 2 to Subpart NNNN.--Applicability of General Provisions to Subpart NNNN
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    NNNN                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)-(14)................  General Applicability..  Yes.
Sec.  63.1(b)(1)-(3).................  Initial Applicability    Yes....................  Applicability to
                                        Determination.                                    subpart NNNN is also
                                                                                          specified in Sec.
                                                                                          63.4081.
Sec.  63.1(c)(1).....................  Applicability After      Yes.
                                        Standard Established.
Sec.  63.1(c)(2)-(3).................  Applicability of Permit  No.....................  Area sources are not
                                        Program for Area                                  subject to subpart
                                        Sources                                           NNNN.
Sec.  63.1(c)(4)-(5).................  Extensions and           Yes.
                                        Notifications.

[[Page 81171]]

 
Sec.  63.1(e)........................  Applicability of Permit  Yes.
                                        Program Before
                                        Relevant Standard is
                                        Set.
Sec.  63.2...........................  Definitions............  Yes....................  Additional definitions
                                                                                          are specified in Sec.
                                                                                          63.4181.
Sec.  63.3(a)-(c)....................  Units and Abbreviations  Yes.
Sec.  63.4(a)(1)-(5).................  Prohibited Activities..  Yes.
Sec.  63.4(b)-(c)....................  Circumvention/           Yes.
                                        Severability.
Sec.  63.5(a)........................  Construction/            Yes.
                                        Reconstruction.
Sec.  63.5(b)(1)-(6).................  Requirements for         Yes.
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec.  63.5(d)........................  Application for          Yes.
                                        Approval of
                                        Construction/
                                        Reconstruction.
Sec.  63.5(e)........................  Approval of              Yes.
                                        Construction/
                                        Reconstruction.
Sec.  63.5(f)........................  Approval of              Yes.
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
Sec.  63.6(a)........................  Compliance With          Yes.
                                        Standards and
                                        Maintenance
                                        Requirements--Applicab
                                        ility.
Sec.  63.6(b)(1)-(7).................  Compliance Dates for     Yes....................  Section 63.4083
                                        New and Reconstructed                             specifies the
                                        Sources.                                          compliance dates.
Sec.  63.6(c)(1)-(5).................  Compliance Dates for     Yes....................  Section 63.4083
                                        Existing Sources.                                 specifies the
                                                                                          compliance dates.
Sec.  63.6(e)(1)-(2).................  Operation and            Yes.
                                        Maintenance.
Sec.  63.6(e)(3).....................  Startup, Shutdown, and   Yes....................  Only sources using an
                                        Malfunction Plan.                                 add-on control device
                                                                                          to comply with the
                                                                                          standard must complete
                                                                                          startup, shutdown, and
                                                                                          malfunction plans.
63.6(f)(1)...........................  Compliance Except        Yes....................   Applies only to
                                        During Startup,                                   sources using an add-
                                        Shutdown, and                                     on control device to
                                        Malfunction.                                      comply with the
                                                                                          standard
63.6(f)(2)-(3).......................  Methods for Determing    Yes....................
                                        Compliance.
63.6(g)(1)-(3).......................  Use of an Alternative    Yes....................
                                        Standard.
63.6(h)..............................  Compliance With Opacity/ No.....................  Subpart NNNN does not
                                        Visible Emission                                  establish opacity
                                        Standards.                                        standards and does not
                                                                                          require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
63.6(i)(1)-(16)......................  Extension of Compliance  Yes....................
63.6(j)..............................  Presidential Compliance  Yes....................
                                        Exemption.
63.7(a)(1)...........................  Performance Test         Yes....................  Applies to all affected
                                        Requirements--Applicab                            sources. Additional
                                        ility.                                            requirements for
                                                                                          performance testing
                                                                                          are specified in Secs.
                                                                                          63.4164, 63.4165, and
                                                                                          63.4166.
63.7(a)(2)...........................  Performance Test         Yes....................  Applies only to
                                        Requirements--Dates.                              performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Section 63.4160
                                                                                          specifies the schedule
                                                                                          for performance test
                                                                                          requirements that are
                                                                                          earlier than those
                                                                                          specified in Sec.
                                                                                          63.7(a)(2).
63.7(a)(3)...........................  Performance Tests        Yes....................
                                        Required By the
                                        Administrator.
63.7(b)-(e)..........................  Performance Test         Yes....................  Applies only to
                                        Requirements--Notifica                            performance tests for
                                        tion, Quality                                     capture system and
                                        Assurance, Facilities                             control device
                                        Necessary for Safe                                efficiency at sources
                                        Testing, Conditions                               using these to comply
                                        During Test.                                      with the standard.
63.7(f)..............................  Performance Test         Yes....................  Applies to all test
                                        Requirements--Use of                              methods except those
                                        Alternative Test                                  used to determine
                                        Method.                                           capture system
                                                                                          efficiency.
63.7(g)-(h)..........................  Performance Test         Yes....................  Applies only to
                                        Requirements--Data                                performance tests for
                                        Analysis,                                         capture system and
                                        Recordkeeping,                                    control device
                                        Reporting, Waiver of                              efficiency at sources
                                        Test.                                             using these to comply
                                                                                          with the standard.
Sec.  63.8(a)(1)-(3).................   Monitoring              Yes....................  Applies only to
                                        Requirements--Applicab                            monitoring of capture
                                        ility.                                            system and control
                                                                                          device efficiency at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standard. Additional
                                                                                          requirements for
                                                                                          monitoring are
                                                                                          specified in 63.4168.
Sec.  63.8(a)(4).....................  Additional Monitoring    No.....................  Subpart NNNN does not
                                        Requirements.                                     have monitoring
                                                                                          requirements for
                                                                                          flares.
Sec.  63.8(b)........................  Conduct of Monitoring..  Yes....................

[[Page 81172]]

 
Sec.  63.8(c)(1)-(3).................  CMS Operation and        Yes....................  Applies only to
                                        Maintenance.                                      monitoring of capture
                                                                                          system and control
                                                                                          device efficiency at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standard. Additional
                                                                                          requirements for CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          63.4168.
Sec.  63.8(c)(4).....................  Continuous Monitoring    No.....................  Section 63.4168
                                        Systems.                                          specifies the
                                                                                          requirements for the
                                                                                          operation of CMS for
                                                                                          capture systems and
                                                                                          control devices at
                                                                                          sources using these to
                                                                                          comply.
Sec.  63.8(c)(5).....................  COMS...................  No.....................  Subpart NNNN does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.  63.8(c)(6).....................  CMS Requirements.......  No.....................  Section 63.4168
                                                                                          specifies the
                                                                                          requirements for
                                                                                          monitoring systems for
                                                                                          capture systems and
                                                                                          control devices at
                                                                                          sources using these to
                                                                                          comply.
Sec.  63.8(c)(7)-(8).................  CMS Out of Control       Yes....................
                                        Periods and Reporting.
Sec.  63.8(d)-(e)....................  Quality Control Program  No.....................  Subpart NNNN does not
                                        and CMS Performance                               require the use of
                                        Evaluation.                                       Performance continuous
                                                                                          emissions monitoring
                                                                                          systems.
Sec.  63.8(f)(1)-(5).................  Use of an Alternative    Yes....................
                                        Monitoring Method.
Sec.  63.8(f)(6).....................  Alternative to Relative  No.....................  Subpart NNNN does not
                                        Accuracy Test.                                    require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.  63.8(g)(1)-(5).................  Data Reduction.........  No.....................  Sections 63.4163 and
                                                                                          63.4168 specify
                                                                                          monitoring data
                                                                                          reduction.
Sec.  63.9(a)-(d)....................  Notification             Yes....................
                                        Requirements.
Sec.  63.9(e)........................  Notification of          Yes....................  Applies only to capture
                                        Performance Test.                                 system and control
                                                                                          device performance
                                                                                          tests at sources using
                                                                                          these to comply with
                                                                                          the standard.
Sec.  63.9(f)........................  Notification of Visible  No.....................  Subpart NNNN does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible standards.
Sec.  63.9(g)(1)-(3).................  Additional               No.....................  Subpart NNNN does not
                                        Notifications When                                require the use of
                                        Using CMS.                                        continuous emissions
                                                                                          monitoring systems.
Sec.  63.9(h)........................  Notification of          Yes....................  Section 63.4110
                                        compliance Status.                                specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec.  63.9(i)........................  Adjustment of Submittal  Yes.
                                        Deadlines.
Sec.  63.9(j)........................  Change in Previous       Yes.
                                        Information.
Sec.  63.10(a).......................  Recordkeeping/           Yes.
                                        Reporting--Applicabili
                                        ty and General
                                        Information.
Sec.  63.10(b)(1)....................  General Recordkeeping    Yes....................  Additional requirements
                                        Requirements.                                     are specified in Secs.
                                                                                           63.4130 and 63.4131.
Sec.  63.10(b)(2)(i)-(v).............  Recordkeeping Relevant   Yes....................  Requirements for
                                        to Startup, Shutdown,                             Startup, Shutdown, and
                                        and Malfunction                                   Malfunction records
                                        Periods and CMS.                                  only apply to add-on
                                                                                          control devices used
                                                                                          to comply with the
                                                                                          standard.
Sec.  63.10(b)(2)(vi)-(xi)...........  .......................  Yes.
Sec.  63.10(b)(2)(xii)...............  Records................  Yes.
Sec.  63.10(b)(2)(xiii)..............  .......................  No.....................  Subpart NNNN does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.  63.10(b)(2)(xiv)...............  .......................  Yes.
Sec.  63.10(b)(3)....................  Recordkeeping            Yes.
                                        Requirements for
                                        Applicability
                                        Determinations.
Sec.  63.10(c)(1)-(6)................  Additional               Yes.
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
Sec.  63.10(c)(7)-(8)................  .......................  No.....................  The same records are
                                                                                          required in Sec.
                                                                                          63.4120(a)(4).
Sec.  63.10(c)(9)-(15)...............  .......................  Yes.
Sec.  63.10(d)(1)....................  General Reporting        Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                          63.4120.
Sec.  63.10(d)(2)....................  Report of Performance    Yes....................  Additional requirements
                                        Test Results.                                     are specified in Sec.
                                                                                          63.4120(h).
Sec.  63.10(d)(3)....................  Reporting Opacity or     No.....................  Subpart NNNN does not
                                        Visible Emissions                                 require opacity or
                                        Observations.                                     visible emissions
                                                                                          observations.
Sec.  63.10(d)(4)....................  Progress Reports for     Yes.
                                        Sources with
                                        Compliance Extensions.

[[Page 81173]]

 
Sec.  63.10(d)(5)....................  Startup, Shutdown, and   Yes....................  Applies only to add-on
                                        Malfunction Reports.                              control devices at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standard.
Sec.  63.10(e)(1)-(2)................  Additional CMS Reports.  No.....................  Subpart NNNN does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.  63.10(e)(3)....................  Excess Emissions/CMS     No.....................  Section 63.4120(g)
                                        Performance Reports.                              specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
Sec.  63.10(e)(4)....................  COMS Data Reports......  No.....................  Subpart NNNN does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec.  63.10(f).......................  Recordkeeping/Reporting  Yes....................
                                        Waiver.
Sec.  63.11..........................  Control Device           No.....................  Subpart NNNN does not
                                        Requirements Flares.                              specify use of flares
                                                                                          for Flares compliance.
Sec.  63.12..........................  State Authority and      Yes.
                                        Delegations.
Sec.  63.13..........................  Addresses..............  Yes.
Sec.  63.14..........................  Incorporation by         Yes.
                                        Reference.
Sec.  63.15..........................  Availability of          Yes.
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------


                   Table 3 to Subpart NNNN. Organic HAP Content of Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
                                                       Average  organic
        Solvent/solvent blend             CAS. No.         HAP mass        Typical organic HAP, percent by mass
                                                           fraction
----------------------------------------------------------------------------------------------------------------
(1) Toluene..........................        108-88-3           1.0      Toluene.
(2) Xylene(s)........................       1330-20-7           1.0      Xylenes, ethylbenzene.
(3) Hexane...........................        110-54-3           0.5      n-hexane.
(4) n-Hexane.........................        110-54-3           1.0      n-hexane
(5) Ethylbenzene.....................        100-41-4           1.0      Ethylbenzene.
(6) Aliphatic 140....................  ..............           0        None
(7) Aromatic 100.....................  ..............           0.02     1% xylene, 1% cumene
(8) Aromatic 150.....................  ..............           0.09     Naphthalene
(9) Aromatic naphtha.................      64742-95-6           0.02     1% xylene, 1% cumene
(10) Aromatic solvent................      64742-94-5           0.1      Naphthalene
(11) Exempt mineral spirits..........       8032-32-4           0        None
(12) Ligroines (VM & P)..............       8032-32-4           0        None
(13) Lactol spirits..................      64742-89-6           0.15     Toluene
(14) Low aromatic white spirit.......      64742-82-1           0        None
(15) Mineral spirits.................      64742-88-7           0.01     Xylenes
(16) Hydrotreated naphtha............      64742-48-9           0        None
(17) Hydrotreated light distillate...      64742-47-8           0.001    Toluene
(18) Stoddard solvent................       8052-41-3           0.01     Xylenes
(19) Super high-flash naphtha........      64742-95-6           0.05     Xylenes
(20) Varsol solvent........       8052-49-3           0.01     0.5% xylenes, 0.5% ethyl benzene.
(21) VM & P naphtha..................      64742-89-8           0.06     3% toluene, 3% xylene.
(22) Petroleum distillate mixture....      68477-31-6           0.08     4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------


                    Table 4 to Subpart NNNN. Organic HAP Content of Petroleum Solvent Groups
----------------------------------------------------------------------------------------------------------------
                                      Average
                                      content
          Solvent type              organic HAP                 Typical organic HAP percent by mass
                                   mass  fraction
----------------------------------------------------------------------------------------------------------------
Aliphatic\1\....................             0.03  1% Xylene, 1% Toluene, and 1% Ethylbenzene.
Aromatic\2\.....................             0.06  4% Xylene, 1% Toluene, and 1% Ethylbenzene.
----------------------------------------------------------------------------------------------------------------
\1\Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic
  Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent
  Blend.
\2\Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic
  Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.

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