[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44218-44250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20895]



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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants for Boat 
Manufacturing; Final Rule

  Federal Register / Vol. 66, No. 163 / Wednesday, August 22, 2001 / 
Rules and Regulations  

[[Page 44218]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7039-4]
RIN 2060-AG27


National Emission Standards for Hazardous Air Pollutants for Boat 
Manufacturing

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for new and existing boat 
manufacturing facilities. The processes regulated include fiberglass 
resin and gel coat operations, carpet and fabric adhesive operations, 
and aluminum recreational boat painting operations. The EPA has 
identified boat manufacturing as a major source of hazardous air 
pollutants (HAP), such as styrene, methyl methacrylate (MMA), methylene 
chloride (dichloromethane), toluene, xylene, n-hexane, methyl ethyl 
ketone (MEK), methyl isobutyl ketone (MIBK), and methyl chloroform 
(1,1,1-trichloroethane). The NESHAP will implement section 112(d) of 
the Clean Air Act (CAA) by requiring all major sources to meet HAP 
emission standards reflecting the application of the maximum achievable 
control technology (MACT). We estimate the final NESHAP will reduce 
nationwide emissions of HAP from these facilities by 3,450 tons per 
year (tpy) (approximately 35 percent from the 1997 level of emissions).

EFFECTIVE DATE: August 22, 2001.

ADDRESSES: Docket. Docket No. A-95-44 contains the information 
considered by EPA in developing the NESHAP. This docket is located at 
the U.S. EPA, Air and Radiation Docket and Information Center (Mail 
Code 6102), 401 M Street, SW, Room M-1500, Waterside Mall, Washington, 
DC 20460. The docket may be inspected from 8 a.m. to 5:30 p.m., Monday 
through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: For further information concerning 
applicability and rule determinations, contact the appropriate State or 
local agency representative. If no State or local representative is 
available, contact the EPA Regional Office staff listed in Sec. 63.13. 
For information concerning the analyses performed in developing the 
NESHAP, contact Mr. Mark Morris, Organic Chemicals Group, Emission 
Standards Division (MD-13), U.S. EPA, Research Triangle Park, North 
Carolina 27711, (919) 541-5416, [email protected].

SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and 
complete file of all the information considered by the 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 Docket by 
calling (202) 260-7548. A reasonable fee may be charged for copying 
docket materials.
    Public Comments. The NESHAP for boat manufacturing were proposed on 
July 14, 2000 (65 FR 43842) and 27 comment letters were received on the 
proposal. The comment letters are available in Docket No. A-95-44, 
along with a summary of the comment letters and EPA's responses to the 
comments. In response to the public comments, EPA adjusted the final 
NESHAP where appropriate.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's final NESHAP will also be available on 
the WWW through the Technology Transfer Network (TTN). Following the 
Administrator's signature, a copy of the NESHAP will be posted on the 
TTN's policy and guidance page for newly proposed or final rules at 
http://www.epa.gov/ttn/oarpg/t3pfpr.html. 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.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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                                                NAICS     SIC
                   Category                      code     code            Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial...................................   336612     3732  Boat manufacturing facilities that perform
                                                                  fiberglass production operations or aluminum
                                                                  coating operations.
                                               .......     3731  Shipbuilding and repair facilities that perform
                                                                  fiberglass production operations.
Federal Government...........................   336612     3731  Federally owned facilities (e.g., Navy
                                                           3732   shipyards) that perform fiberglass production
                                                                  operations.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. Not all facilities classified under the NAICS or SIC codes are 
affected. Other types of entities not listed could be affected. To 
determine whether your facility is regulated by this action, you should 
examine the applicability criteria in Sec. 63.5683 of the final NESHAP. 
If you have any questions regarding the applicability of this action to 
a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.
    Judicial Review: The NESHAP for boat manufacturing facilities were 
proposed on July 14, 2000 (65 FR 43842). This action announces EPA's 
final decisions on the NESHAP. Under section 307(b)(1) of the CAA, 
judicial review of the final NESHAP is available by filing a petition 
for review in the U.S. Court of Appeals for the District of Columbia 
Circuit by October 22, 2001. Only those objections to the NESHAP which 
were raised with reasonable specificity during the period for public 
comment may be raised during judicial review. Under section 307(b)(2) 
of the CAA, the requirements that are the subject of today's final 
NESHAP may not be challenged later in civil or criminal proceedings 
brought by EPA to enforce these requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Introduction
    A. What is the purpose of the NESHAP?
    B. What is the statutory authority for NESHAP?
    C. What processes and operations constitute boat manufacturing?
II. Summary of the Final NESHAP

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    A. What sources and operations are subject to the NESHAP?
    B. What pollutants are regulated?
    C. What do the final NESHAP require?
    D. What is the MACT model point value and how is it used in the 
final NESHAP?
    E. When must I comply?
    F. How do I demonstrate compliance?
    G. How do I demonstrate compliance if I use an enclosure and an 
add-on control device?
III. Summary of Environmental, Energy, and Economic Impacts
    A. What facilities are affected by the NESHAP?
    B. What are the air quality impacts?
    C. What are the water quality impacts?
    D. What are the solid and hazardous waste impacts?
    E. What are the energy impacts?
    F. What are the cost impacts?
    G. What are the economic impacts?
IV. Summary of Changes Since Proposal
    A. Operations Not Covered by the NESHAP
    B. Determining Whether a Facility is a Major Source or Area 
Source
    C. Open Molding Resin and Gel Coat Operations
    D. Standards for Resin and Gel Coat Mixing Operations
    E. Standards for Resin and Gel Coat Application Equipment 
Cleaning Operations
    F. Standards for Carpet and Fabric Adhesive Operations
    G. Standards for Aluminum Recreational Boat Surface Coating 
Operations
    H. Methods for Determining Hazardous Air Pollutant Content
    I. Notifications, Reports, and Records
    J. Definitions
V. Summary of Responses to Major Comments
    A. Open Molding Operations
    B. Filled Tooling Resins
    C. Standards for Closed Molding Resin Operations
    D. Standards for Aluminum Recreational Boat Surface Coating 
Operations
    E. Methods for Determining Hazardous Air Pollutant Content
    F. Notifications, Reports, and Records
    G. Pollution Prevention
VI. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 13175, 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
    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. Congressional Review Act
    J. Executive Order 13211 (Energy Effects)

I. Introduction

A. What Is the Purpose of the NESHAP?

    The purpose of the final NESHAP is to protect the public health by 
reducing emissions of HAP from boat manufacturing facilities.

B. What Is the Statutory Authority for NESHAP?

    Section 112 of the CAA requires that we promulgate standards for 
the control of HAP from both new and existing major sources. A major 
source of HAP is defined as any stationary source or group of 
stationary sources within a contiguous area and under common control 
that emits or has the potential to emit, considering controls, in the 
aggregate, 10 tpy or more of any single HAP or 25 tpy or more of 
multiple HAP.
    The CAA requires the standards to reflect the maximum degree of 
reduction in emissions of HAP that is achievable taking into 
consideration the cost of achieving the emissions reductions, any non-
air-quality health and environmental impacts, and energy requirements. 
This level of control is commonly referred to as the MACT.
    We based the final NESHAP for boat manufacturing for new and 
existing sources on the MACT floor control level. 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 all major 
HAP emission sources achieve the level of control already achieved by 
the better-controlled and lower-emitting sources in each category. 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 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 5 sources for categories or 
subcategories with fewer than 30 sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on the consideration of cost, non-air-quality 
health and environmental impacts, and energy requirements.

C. What Processes and Operations Constitute Boat Manufacturing?

    The final NESHAP regulate fiberglass boat and aluminum recreational 
boat manufacturing operations. The emissions from these boat 
manufacturing operations and processes are fugitive in nature. Fugitive 
emissions result from HAP evaporating from the resins, gel coats, 
solvents, adhesives, and surface coatings used in manufacturing 
processes. The following paragraphs provide a brief description of the 
operations found at boat manufacturing facilities.
    Fiberglass boat manufacturing operations. Fiberglass boats are 
built from glass fiber reinforcements laid in a mold and saturated with 
a polyester or vinylester plastic resin. The resin hardens to form a 
rigid plastic part reinforced with the fiberglass. The resin is mixed 
with a catalyst as it is applied that causes a cross-linking reaction 
between the resin molecules. The cross-linking reaction causes the 
resin to harden from a liquid to a solid.
    Fiberglass manufacturing processes are generally considered either 
``open molding'' or ``closed molding.'' In open molding, fiberglass 
boat parts are built ``from the outside in'' according to three basic 
process steps:
    (1) The mold is sprayed with a layer of gel coat, which is a 
pigmented polyester resin that hardens and becomes the smooth outside 
surface of the part.
    (2) The inside of the hardened gel coat layer is coated with a 
``skin coat'' of chopped glass fibers and polyester or vinylester 
resin.
    (3) Additional layers of fiberglass cloth or chopped glass fibers 
saturated with resin are added until the part is the final thickness.
    The same basic process is used to build or repair molds with 
tooling gel coat and tooling resin.
    In closed molding, the resin is applied to fabric placed between 
the halves of a two-piece mold. Three basic types of closed molding 
used in boat manufacturing are resin infusion molding, resin transfer 
molding, and compression molding with sheet molding compound.
    The polyester and vinylester resins that are used in fiberglass 
boat manufacturing contain styrene as a solvent and a cross-linking 
agent. Gel coats also contain MMA as a solvent, and styrene. Styrene 
and MMA are HAP, and a fraction evaporates during resin and gel coat 
application and curing. Resins and gel coats containing styrene and MMA 
are also used to make the molds used in producing fiberglass parts.
    Mixing is done to stir the resin or gel coat and promoters, 
fillers, or other additives before being applied to the parts. Some HAP 
from the resin and gel coat are emitted during the mixing process.

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    Resin and gel coat application equipment requires solvent cleaning 
to remove uncured resin or gel coat when not in use. The resin or gel 
coat will catalyze in the hoses or gun if not flushed with a solvent 
after each use.
    Fabric and carpet adhesive operations. The interiors of many types 
of fiberglass boats and aluminum recreational boats are covered with 
carpeting or fabric to improve appearance, provide traction, or deaden 
sound. The material is bonded to the interior with contact adhesives. 
These adhesives often contain HAP solvents, such as methylene chloride, 
toluene, xylenes, and methyl chloroform (1,1,1-trichloroethane). The 
solvents evaporate as the adhesives dry.
    Aluminum recreational boat surface coatings. Aluminum recreational 
boat hull topsides and decks are painted with coatings applied with 
spray guns. These coatings may be high-gloss polyurethane coatings or 
low-gloss single-part coatings. These surface coatings often contain 
HAP solvents, such as toluene, xylenes, and isocyanates.
    The HAP-containing solvents are also used to clean surfaces before 
finishing (wipedown solvents) and for cleaning paint and coating spray 
guns.

II. Summary of the Final NESHAP

    This preamble section discusses the final NESHAP as they apply to 
``you,'' the owner or operator of a new or existing boat manufacturing 
facility.

A. What Sources and Operations Are Subject to the NESHAP?

    The final NESHAP will regulate organic HAP from major sources that 
manufacture aluminum recreational boats (that is, noncommercial and 
nonmilitary aluminum boats) or all types of fiberglass boats. Coating 
operations on vessels used for commercial and military purposes are 
covered by the shipbuilding and repair NESHAP (40 CFR part 63, subpart 
II).
    The final NESHAP apply to fiberglass boat manufacturers making all 
sizes and types of fiberglass boats using the operations listed below:
     All open molding operations, including pigmented gel coat, 
clear gel coat, production resin, tooling resin, and tooling gel coat.
     All closed molding resin operations.
     All resin and gel coat application equipment cleaning.
     All resin and gel coat mixing operations.
     All carpet and fabric adhesive operations.
    The final NESHAP apply to aluminum recreational boat manufacturing 
facilities performing the operations listed below:
     All aluminum recreational boat surface coating and 
associated spray gun cleaning and wipedown solvent operations.
     All carpet and fabric adhesive operations.

B. What Pollutants Are Regulated?

    The final NESHAP regulate the total organic HAP content in the 
materials used in each regulated operation. The final NESHAP do not set 
limits for individual species of HAP. The HAP emitted by boat 
manufacturing facilities typically include styrene, MMA, toluene, 
xylenes, methyl chloroform (1,1,1-trichloroethane), MEK, n-hexane, and 
MIBK. However, the total organic HAP content limit includes all organic 
HAP listed in section 112(b) of the CAA.

C. What do the Final NESHAP Require?

    The final NESHAP have various formats for the different operations 
being regulated. For open molding resin and gel coat operations, you 
must comply with a HAP emission limit that is calculated for your 
facility using MACT model point value equations, which are described in 
section II.D.
    You can demonstrate compliance with the HAP emission limit for your 
facility either by (1) averaging emissions with the MACT model point 
value equations, (2) complying with equivalent material HAP content 
limits for each type of open molding operation, or (3) using an add-on 
control device. The HAP emissions limit and equivalent HAP content 
limits are the same for new and existing sources. You may use averaging 
for all of your open molding operations or only for some of them. For 
those operations not included in the emissions average, you must comply 
with one of the alternative provisions.
    For resin operations, different HAP content limits apply to 
atomized and nonatomized resin application methods. The HAP content 
limits for open molding are presented in Table 2 to subpart VVVV. If 
you use an add-on control device to meet the emissions limit, the 
emissions limit is calculated using the MACT model point value 
equations and is in units of kilograms (kg) of organic HAP per megagram 
of resin or gel coat consumed.
    As stated above, you may use a combination of compliance options 
for the different resin and gel coat operations within your facility. 
For example, a hull production line may use several resins and gel 
coats. You may choose to use a laminating resin that complies with the 
appropriate HAP content limit, but decide to use the averaging approach 
for the skin coat resin and the production gel coats. In another 
example, you could include in the average all production resins and 
pigmented gel coats at your facility, but decide not to include clear 
gel coat, tooling resin, and tooling gel coat. You could also use 
averaging to use a mix of atomized and nonatomized resin application 
methods but at different HAP contents from those in Table 2 to subpart 
VVVV.
    Other operations regulated by the final NESHAP will be subject to 
work practice requirements or HAP content limits. Resin and gel coat 
mixing containers with a capacity of 208 liters (55 gallons) or more 
must be covered. Routine resin and gel coat application equipment 
cleaning operations must use solvents containing no more than 5 percent 
organic HAP, but solvents used to remove cured resin or gel coat from 
equipment are exempt. The containers used to hold the exempt solvent 
and to clean equipment with cured resin and gel coat must be covered. 
Carpet and fabric adhesive operations must use adhesives containing no 
more than 5 percent organic HAP.
    Aluminum recreational boat wipedown solvents and surface coatings 
are subject to HAP content limits. Aluminum recreational boat spray gun 
cleaning operations are subject to a work practice requirement.
    Compliance with the emissions limits in the final NESHAP is based 
on a 12-month rolling average except when an add-on control device is 
used. At the end of every month, you determine compliance for each 
operation based on the HAP content and material consumption data 
collected over the past 12 months. When an add-on control device is 
used, compliance is determined through emissions testing and subsequent 
monitoring.

D. What Is the MACT Model Point Value and How Is it Used in the Final 
NESHAP?

    The MACT model point value is a number calculated for each open 
molding operation and is a surrogate for emissions. The MACT model 
point value is a way to rank the relative performance of different 
resin and gel coat emissions reduction techniques. This approach allows 
you to create control strategies using different resin and gel coat 
emissions reduction techniques. The final NESHAP provide equations to 
calculate MACT model point values based on HAP content and application 
method for each material

[[Page 44221]]

that you use. These MACT model point values are then averaged and 
compared to limits in the final NESHAP to determine if your open 
molding operations are in compliance.
    The MACT model point values have units of kg of HAP per megagram of 
resin or gel coat applied. It is important to note that the MACT model 
point values are surrogates for emissions, and the MACT model point 
value equations are used only for determining compliance with the 
emission limits for open molding operations. The MACT model point value 
equations should not be used in other environmental programs for 
estimating emissions in place of true emission factor equations or 
site-specific data.
    The MACT model point value equations account only for HAP content 
and application method. Other factors (including curing time, part 
thickness, and operator technique) can have significant effects on 
emissions, but these factors are not accounted for in the MACT model 
point value equations. Determining the HAP content of materials and the 
method of application is relatively easy, but it is difficult to 
determine the other factors. Also, part thickness and curing time can 
be specific to the part being manufactured, so limiting these factors 
would impede production. Therefore, factors other than HAP content and 
application method are not included in the MACT model point value 
equations.

E. When Must I Comply?

    Existing boat manufacturing facilities must comply within 3 years 
of August 22, 2001. New sources that commence construction after July 
14, 2000 must comply by August 22, 2001 or upon startup, whichever is 
later. Existing and new area sources that become major sources after 
August 22, 2001 must comply within 1 year after becoming a major source 
or within 3 years of August 22, 2001, whichever is later.
    The CAA instructs EPA to establish a compliance date or dates for 
existing sources that will provide for compliance ``as expeditiously as 
practicable, but in no event later than 3 years after the effective 
date.''
    Existing sources using pollution prevention approaches for 
compliance will need to make changes in application equipment and raw 
materials. We believe these sources need the full 3-year period 
provided by the CAA to evaluate different resins, gel coats, carpet and 
fabric adhesives, or aluminum recreational boat surface coatings and 
the effects of these changes on production processes and product 
performance. In addition, we believe that providing the maximum amount 
of allowable time will encourage more sources to use compliant 
materials rather than emissions averaging, thereby reducing the amount 
of records and paperwork needed to demonstrate initial and continuous 
compliance.
    If an existing source chooses to use an add-on control device to 
comply, the full 3 years provided by the CAA is necessary to allow 
sufficient time to design, purchase, install, and work out operational 
problems that occur in trying to start up a new control device.

F. How Do I Demonstrate Compliance?

    Unless you are using an add-on control device, you must measure and 
record the HAP content of all the materials regulated by the final 
NESHAP. You may determine HAP content using test methods specified in 
the NESHAP, or you may use documentation provided by the material 
manufacturer, such as a material safety data sheet (MSDS), to show 
compliance. Although you may use either the test methods specified in 
the NESHAP or the manufacturer's documentation to show compliance, we 
will use the test method results to determine compliance if they differ 
from the manufacturer's documentation.
    Compliance with the HAP content limits is based on the weighted-
average HAP content for each material on a 12-month rolling-average 
basis. Compliance is determined at the end of every month (12 times per 
year) based on the past 12 months of data. To determine weighted-
average HAP content, you will also need to monitor and record the 
amount of each regulated material used per month, as well as HAP 
content. On the compliance date, new and existing sources must begin 
collecting the data needed to demonstrate compliance.
    If all of the material in a particular operation meets the 
applicable HAP content limit, then you will not need to record the 
amount of material used. Likewise, you will not need to perform and 
record any calculations to determine weighted-average HAP content.
    For open molding resin and gel coat operations, how you show 
compliance will depend on which compliance option you choose. For 
example, if you choose to average among several open molding resin and 
gel coat operations, you will have greater operating flexibility, but 
you will also need to do more recordkeeping and calculations to show 
compliance than if you comply with each individual HAP content limit. 
Also, you must complete an implementation plan for the open molding 
operations at your facility that are included in an averaging option. 
The implementation plan must describe the resin and gel coat materials 
you plan to use, their HAP contents, and how you will apply those 
materials so that you are in compliance. The plan must also include 
calculations showing that your choice of materials and application 
methods will achieve compliance.
    You must keep records of the HAP content of all materials that are 
subject to HAP content limits. You must also keep records of the amount 
of material used and any calculations you perform to determine 
compliance using weighted-average HAP contents or the averaging option 
for open molding operations. Every month, you must inspect the covers 
required by the work practice standards for resin and gel coat mixing 
containers and aluminum recreational boat coating spray gun cleaners. 
You must also keep records of the results of these inspections and any 
repairs made to the covers. All records must be kept for 5 years (at 
least the last 2 years of records must be kept onsite). After the 
initial compliance demonstration, all sources must complete semiannual 
compliance reports.
    Today's final NESHAP contain the specific monitoring, 
recordkeeping, and reporting requirements for each regulated operation.

G. How Do I Demonstrate Compliance if I Use an Enclosure and an Add-On 
Control Device?

    If you use an enclosure (such as a spray booth) and add-on control, 
you must use EPA Method 204 to prove that the enclosure is a total 
enclosure. If the enclosure is not a total enclosure, you must use a 
temporary enclosure to measure the fugitive emissions from the 
enclosure and the control device. Stack testing is used to determine 
compliance with the emissions limit. You must use either EPA Method 25A 
to measure emissions as total hydrocarbons (as a surrogate for total 
HAP) or EPA Method 18 for specific HAP. New and existing sources that 
comply using add-on control devices must conduct the required 
performance testing no later than 180 days after the compliance date.
    During and after the initial performance test, you must monitor and 
record certain control device parameters to ensure that the control 
device continues to be operated as it was during the test. For example, 
for thermal oxidizers you must monitor and record combustion 
temperature and maintain the temperature above an allowable minimum 
value. For control devices other than thermal oxidizers, you must

[[Page 44222]]

identify parameters that demonstrate proper control device operation 
and have these parameters approved by the EPA. Monitored operating 
parameters must be kept within the allowable ranges to demonstrate 
compliance with the control device operating requirements.

III. Summary of Environmental, Energy, and Economic Impacts

A. What Facilities Are Affected by the NESHAP?

    There are approximately 119 existing facilities manufacturing 
fiberglass boats or aluminum recreational boats that are major sources 
and will be subject to the final NESHAP. The rate of growth for the 
boat manufacturing industry is estimated to be five new facilities per 
year for the next 5 years.

B. What Are the Air Quality Impacts?

    The 1997 baseline emissions from the boat manufacturing industry 
are estimated at 9,920 tpy. The final NESHAP will reduce HAP from 
existing sources by 3,450 tpy from the baseline level, a reduction of 
35 percent.
    The final NESHAP will not result in any increase in other air 
pollution emissions. While combustion devices can result in increased 
sulfur dioxide and nitrogen oxide emissions, we do not expect anyone to 
comply by installing new combustion devices during the next 5 years.

C. What Are the Water Quality Impacts?

    We estimate that the final NESHAP will have no adverse water 
quality impacts. We do not expect anyone to comply by using add-on 
control devices or process modifications that will generate wastewater.

D. What Are the Solid and Hazardous Waste Impacts?

    We estimate that the final NESHAP will decrease the amount of solid 
waste generated by the boat manufacturing industry by approximately 400 
tpy. The decrease in solid waste is directly related to switching to 
nonatomized resin application equipment (e.g., flowcoaters and resin 
rollers). Switching to flowcoaters decreases overspray because of the 
greater transfer efficiency of resin from flowcoaters to the part being 
manufactured. A decrease in overspray consequently reduces the amount 
of waste from disposable floor coverings, cured resin waste, and 
personal protective equipment (PPE) for workers. Disposable floor 
coverings are replaced on a periodic basis to prevent resin buildup on 
the floor. We estimate that solid waste generation of floor coverings 
will decrease by approximately 350 tpy, and that cured resin solid 
waste will decrease by approximately 50 tpy.
    Decreased overspray from flowcoaters will result in a decreased 
usage of PPE, which also reduces the amount of solid waste. Workers who 
use flowcoaters typically wear less PPE than when using spray guns 
because of the reduced presence of resin aerosols and lower styrene 
levels in the workplace. Because we did not have information on the 
many different types of PPE currently used, we did not estimate this 
decrease in solid waste.
    Some facilities that switch from spray guns to flowcoaters may have 
a small increase of hazardous waste from the used flowcoater cleaning 
solvents. However, most facilities will not see an increase, and the 
overall impact on the industry will be small relative to the solid 
waste reductions. Nearly all flowcoaters require resin and catalyst to 
be mixed inside the gun (internal-mix) and must be flushed when work is 
stopped for more than a few minutes. External-mix spray guns do not 
need to be flushed because resin is mixed with catalyst outside the 
gun. Facilities that switch from external-mix spray guns to flowcoaters 
will use more solvent. Solvent usage should not change at facilities 
switching from internal-mix spray guns to flowcoaters.
    The most common flushing solvents are acetone and water-based 
emulsifiers. Only a couple of ounces of solvent are typically needed to 
flush the mixing chamber and nozzle of flowcoaters and internal- mix 
spray guns. We have observed during site visits that this small 
quantity of solvent is usually sprayed into the air or onto the floor 
coverings and allowed to evaporate.
    We do not have adequate data to predict the potential solvent waste 
impact from switching to flowcoaters. The magnitude of the impact 
depends on the type of gun currently used (internal-or external-mix), 
the frequency of flushing, and the type of solvent used. However, 
because of the small amount of solvent used, and since most is allowed 
to evaporate, we believe the overall solvent waste increase will be 
small compared to the solid waste reductions.

E. What Are the Energy Impacts?

    Compliance with the NESHAP is not expected to cause any increase in 
energy consumption at new or existing facilities. No new or existing 
facilities are expected to install add-on control devices to comply 
with the final NESHAP in the first 5 years after promulgation. One 
facility currently uses a thermal oxidizer to control some of their 
styrene and MMA emissions from fiberglass boat manufacturing 
operations.

F. What Are the Cost Impacts?

    We estimate that nationwide annual compliance costs for the 
existing facilities will be $14 million. This estimate includes 
annualized capital costs and increased material costs for purchasing 
more expensive, lower-HAP materials. Annual costs also include 
monitoring, recordkeeping, and reporting costs. The estimated annual 
cost of reduced HAP is $4,060/ton.
    The capital costs will be for the purchase of new resin application 
equipment, resin mixer covers, and adhesive application equipment. The 
estimated cost of new resin application equipment (flowcoaters) is 
$6,000 per unit (includes flowcoater, hoses, and resin and catalyst 
pumps). The estimated cost of new adhesive application equipment is 
also approximately $6,000 per unit. The resin and gel coat mixer covers 
will be approximately $180 per year per container.
    No capital costs are predicted for mold construction or aluminum 
recreational boat surface coating operations.

G. What Are the Economic Impacts?

    The EPA prepared an economic impact analysis to evaluate the 
primary and secondary impacts of the proposed and final NESHAP on the 
boat manufacturing market, consumers, and society. Because the 
characteristics of boats vary greatly throughout the industry, we 
evaluated the market by assessing the impacts on six separate market 
segments of the industry, including: outboard boats, inboard runabouts/
sterndrive, inboard cruisers/yachts, jet boats/personal watercraft, 
sailboats, and canoes. The total annualized social cost (in 1994 
dollars) of the final NESHAP on the industry is $13.0 million, which is 
0.2 percent of total baseline revenue. Generally, the analysis 
indicates a minimal change in market prices and quantity of boats sold. 
Imports will increase negligibly, with a corresponding decrease in 
exports. The analysis also suggests a loss (at the maximum) of 48 
employees out of the 51,500 employees in the industry. The impacts on 
specific market segments are summarized in the table below.

[[Page 44223]]



    Table 2.--Economic Impact of Final NESHAP on Boat Market Segments
------------------------------------------------------------------------
                                                        Change in market
        Boat market segment          Change in price         output
------------------------------------------------------------------------
Outboard Boats....................               0.1%              -0.3%
Inboard Runabouts/Sterndrive......               0.1%              -0.1%
Inboard Cruisers/Yachts...........               0.0%              -0.0%
Jet Boats/Personal Watercraft.....               0.0%              -0.0%
Sailboats.........................               0.1%              -0.2%
Canoes............................               0.1%              -0.1%
------------------------------------------------------------------------

    The analysis also predicts the number of facilities that will close 
as a result of the cost of complying with the final NESHAP. The EPA 
used market level information on total predicted change in quantity to 
infer how many plants would close if the quantity decrease was borne 
entirely by one (or more) facility. For example, if the market analysis 
predicts that 1,000 fewer boats are produced and the average facility 
produces 500 boats, then the impact is equivalent to two facility 
closures. Using this approach, the predicted reduction in quantity did 
not equal even one facility closure in any of the six market segments. 
While this does not mean that no facilities will close as a result of 
the final NESHAP, it does indicate that the final NESHAP has minimal 
total impacts, and that any facility closure will likely be the result 
of poor baseline cost conditions rather than a direct result of the 
compliance burden.

IV. Summary of Changes Since Proposal

    In response to comments received on the proposed NESHAP and after 
further analysis, the following changes have been made.

A. Operations Not Covered by the NESHAP

    The exemptions in the applicability section of the final NESHAP 
(Sec. 63.5683(d)) have been revised to clarify that the NESHAP do not 
apply to adhesives that are used to bond aluminum parts or other parts 
that are not fiberglass. This exemption does not apply to carpet and 
fabric adhesives, which are regulated by the NESHAP. We are also 
exempting research and development activities and activities in 
analytical laboratories. A definition of research and development 
activity has been added to Sec. 63.5779 of the final NESHAP.

B. Determining Whether a Facility Is a Major Source or Area Source

    Section 63.5686(b) contains material consumption restrictions that 
allow a source to limit their potential to emit HAP to much less than 
the major source thresholds without otherwise obtaining a federally 
enforceable operating permit. We have added a third material 
consumption restriction that boat manufacturers may use to demonstrate 
they are not a major source. In the new method, a fiberglass or 
aluminum recreational boat manufacturing facility is an area source and 
exempt from the standards if the materials consumed per year at the 
facility contain less than 5 tons of a single HAP and less than 12.5 
tons of a combination of HAP. The two methods included in the NESHAP at 
proposal have been retained in the final NESHAP. The usage limits 
ensure that a facility's potential and actual emissions of HAP are 
below the major source thresholds of 10 tons of a single HAP and 25 
tons of a combination of HAP.
    The final NESHAP contain additional modifications to these 
provisions to ensure that the usage limits will keep actual emissions 
from most facilities substantially below the major thresholds. These 
modifications include a requirement that at least 90 percent of annual 
HAP emissions from the facility must come from the fiberglass boat 
manufacturing operations or the aluminum recreational boat 
manufacturing operations. If the facility has sources of HAP emissions 
other than these materials, the owner or operator must keep any records 
necessary to demonstrate that the facility meets the 90 percent 
criterion.
    The final NESHAP also require owners and operators to maintain 
records to demonstrate that they do not exceed the annual material or 
HAP usage rates, based on a 12-month rolling-average basis. These 
records include monthly usage records for the following: all resins and 
gel coats used in fiberglass boat manufacturing operations; carpet and 
fabric adhesives; surface wipedown solvents, application gun cleaning 
solvents, and paints and coatings used in aluminum recreational boat 
manufacturing operations; documentation of HAP content (if needed); and 
any other records necessary to document emissions from source 
categories other than boat manufacturing.
    A facility may exceed the usage limits and still remain an area 
source exempt from the standards if, before exceeding the limit, the 
facility obtains other limits (such as a federally enforceable State 
operating limit on their potential to emit) that keep its potential to 
emit HAP below the major source thresholds. If a facility exceeds the 
usage limits and does not have some other limit on its potential to 
emit, the facility becomes a major source and thereafter must comply 
with the standards on the applicable compliance date in the NESHAP. 
These provisions prevent facilities from alternating between area-
source and major-source status while evading major source requirements. 
Also, these provisions make it possible from a legal standpoint to 
consider the usage cutoff levels as limiting a source's potential to 
emit HAP.

C. Open Molding Resin and Gel Coat Operations

    The standards for open molding operations in Sec. 63.5698 have been 
revised to include exemptions for several specialty materials. 
Production resins (including skin coat resins) used to build military 
vessels that must meet military specifications and those used on 
vessels built to U.S. Coast Guard specifications for lifesaving 
equipment and small passenger vessels will be exempt from the 
production resin HAP content limits. Pure 100 percent vinylester resins 
that are used for skin coats will also be exempt from the production 
resin HAP content limits; the exempt resin cannot exceed 5 percent of 
total production resin usage. However, these specialty production 
resins and 100 percent vinylester skin coat resins must be applied with 
nonatomized (non-spray) application equipment. Gel coat materials that 
are used for part and mold repair and touch up will be exempt from the 
open molding standards. The gel coat materials included in this 
exemption must not exceed 1 percent of the total gel coat used at that 
facility on a 12-month rolling-average basis.

[[Page 44224]]

    The final NESHAP contain a new section (Sec. 63.5714) which 
specifies procedures for calculating compliance for filled tooling and 
production resins based on the as-applied MACT model point value for 
the filled resin.

D. Standards for Resin and Gel Coat Mixing Operations

    Section 63.5731 has been revised to clarify that the standards for 
resin and gel coat mixing operations apply to on-site mixing of putties 
and polyputties.

E. Standards for Resin and Gel Coat Application Equipment Cleaning 
Operations

    Section 63.5734 has been revised such that all solvents (both 
virgin and recycled) that are used for routine resin and gel coat 
application equipment cleaning are subject to the same 5 percent 
organic HAP content limit. Solvents used for removing cured resin or 
gel coat from application equipment are not subject to the 5 percent 
organic HAP content limit.
    Section 63.5737 has been revised to state that if a cleaning 
solvent is recycled (either on-site or off-site), a boat manufacturer 
may use a certification or measurement of the HAP content of the 
material as originally purchased from the material supplier for 
demonstrating compliance. The requirement in Sec. 63.5737(b) for 
operators to record the amount of recycled solvent they purchase has 
been deleted.
    The requirements for cured resin and gel coat solvent cleaning 
operations in Sec. 63.5734(b) have been revised so they are the same as 
the requirements in Sec. 63.462 of 40 CFR part 63, subpart T (national 
emission standards for halogenated solvent cleaning), for containers 
holding more than 2 gallons of halogenated solvent. In addition, the 
final NESHAP state that solvent containers used for cleaning cured 
resin and gel coat from equipment are exempt from subpart T.

F. Standards for Carpet and Fabric Adhesive Operations

    The HAP content limit for carpet and fabric adhesives in 
Sec. 63.5740 has been changed such that all carpet and fabric adhesives 
must contain no more than 5 percent organic HAP.

G. Standards for Aluminum Recreational Boat Surface Coating Operations

    The format of the emission limit for aluminum recreational boat 
wipedown solvents in Sec. 63.5743(a) has been revised, and the emission 
limit has been recalculated to conform with the new format. The 
recalculated emission limit for aluminum wipedown solvents is 0.33 kg 
organic HAP per liter of total coating solids (2.75 pounds per gallon). 
Total coating solids is the combined solids from primers, clear coats, 
and top coats.
    Boat manufacturers will also have the option of complying with a 
combined emission limit for aluminum wipedown operations and aluminum 
coating operations. The combined emission limit is 1.55 kg organic HAP 
per liter of total coating solids (12.9 pounds per gallon), which is 
the sum of the individual limits for aluminum wipedown operations (0.33 
kg organic HAP per liter coating solids (2.75 pounds per gallon)) and 
aluminum coating operations (1.22 kg organic HAP per liter coating 
solids (10.2 pounds per gallon)). If a boat manufacturer complies with 
the combined emission limit, they can offset higher HAP from one 
operation with lower HAP from the other operation.
    The work practices for aluminum coating spray gun cleaning 
operations in Sec. 63.5743 have been revised so that spray gun cleaning 
operations that use recycled non-HAP solvents (which may contain trace 
amounts of HAP) are not subject to the spray gun cleaning work practice 
requirements. Recycled cleaning solvents that contain trace amounts of 
HAP (5 percent or less by weight) are considered to be non-HAP. A 
provision has been added to Sec. 63.5743 to specifically allow for the 
use of alternative spray gun cleaning work practices approved according 
to the procedures in Sec. 63.6(g). In Sec. 63.5755(b)(1), the 
requirement that enclosed spray gun cleaners have covers that ``close 
properly'' has been revised to state that the covers ``must have no 
visible gaps.''

H. Methods for Determining Hazardous Air Pollutant Content

    Section 63.5758(a) has been revised to state that only organic HAP 
are included in determining HAP content. Inorganic HAP are added as 
pigments to gel coats and surface coatings and are not emitted from the 
operations regulated by these NESHAP and, therefore, are not included 
in determining HAP content. This section has also been revised to allow 
the use of ASTM D1259-85 (Standard Test Method for Nonvolatile Content 
of Resins), and EPA Method 24 for measuring volatile organic matter 
content as a surrogate for demonstrating the HAP content of coatings. 
If volatile organic matter is used as a surrogate for HAP content, then 
the boat manufacturer must assume that all volatile organic matter is 
HAP.
    Section 63.5758 has also been revised to recognize the fact that 
some material manufacturers and suppliers report on their MSDS a 
manufacturing target value for HAP constituents, such as styrene in 
resin and gel coat. If the organic HAP content is provided as a single 
value, you may assume the value is a manufacturing target value and 
actual organic HAP content may vary from the target value. If a 
separate measurement of the total organic HAP content using the methods 
specified in the NESHAP is less than 2 percentage points higher than 
the value for total organic HAP content provided by the material 
supplier or manufacturer, then you may use the provided value to 
demonstrate compliance. If the measured total organic HAP content 
exceeds the provided value by 2 percentage points or more, then you 
must use the measured organic HAP content to determine compliance. This 
allowance does not apply if the HAP content is reported on an MSDS as a 
range. In that case, the measured HAP content cannot exceed the upper 
limit of the reported HAP content range.
    Section 63.5758 has been revised to provide guidance on determining 
the HAP content of solvent blends when the MSDS has reported a solvent 
blend but not the HAP content of the solvent blend. The guidance 
includes a table of values for the HAP content of commonly used solvent 
blends.
    Section 63.5758 has been revised to clarify how total HAP is 
calculated. In determining total HAP, you must include HAP that are 
present at concentrations equal to or greater than 1.0 percent, unless 
the HAP is an OSHA-defined carcinogen, in which case you must include 
the HAP in the total if it is present at a concentration equal to or 
greater than 0.1 percent. For example, if a material contains four 
species of noncarcinogenic HAP that are each present at 0.9 percent by 
weight, none of these four species needs to be included in the total 
HAP calculation.

I. Notifications, Reports, and Records

    We have revised the emission limitations in Secs. 63.5698(b) and 
63.5743(a) and (b) so that compliance is demonstrated on a 12-month 
rolling-average basis, rather than a 3-month rolling-average basis for 
sources not using an add-on control device. For new and existing 
sources that do not use an add-on control device, the initial 12-month 
compliance period will begin on the compliance date.
    For sources using an add-on control device, compliance is based on 
a performance test and continuous monitoring of the control device.

[[Page 44225]]

J. Definitions

    We have revised the definition of hazardous air pollutant (HAP) in 
Sec. 63.5779 so it has the same wording as the definition of HAP in 
Sec. 63.2. We have added a definition of research and development 
activities which will be exempt from the NESHAP. We have also revised 
the definition of aluminum boat to better distinguish aluminum 
recreational boats from ships which are subject to the ship building 
and repair surface coating NESHAP (40 CFR part 63, subpart II). The 
revised definition states that aluminum recreational boats are intended 
by the manufacturer to be used primarily for pleasure and are built 
indoors in a production line manufacturing plant, rather than outdoors 
in a dry dock, graving dock, or on a marine railway.
    The definitions of resins and gel coats have been revised to 
address pigmented resins and to clarify that pigmented resins are 
subject to the emission limitations for laminating resins. The 
definition of resin has been revised to indicate that resins include 
pigmented resins that are used to encapsulate and bind together 
reinforcement fibers. The definition of gel coat has been revised to 
indicate that a gel coat layer does not contain any reinforcing fibers, 
and gel coats are applied directly to mold surfaces or to a finished 
laminate.

V. Summary of Responses to Major Comments

    This section presents a summary of significant public comments and 
responses. A summary of all the public comments that were received and 
EPA's responses to those comments can be found in Docket No. A-95-44.

A. Open Molding Operations

    Comment: Several commenters requested exemptions or higher HAP 
content limits for several different specialty applications of resin 
and gel coat used in open molding operations.
    One commenter requested an exemption that would allow them to 
comply with the production resin HAP content limit of 35 percent, but 
use atomizing equipment (rather than nonatomizing equipment) to apply 
up to 5 percent of total annual resin usage. Under the proposed NESHAP, 
a boat manufacturer must meet a production resin HAP content limit of 
28 percent when using atomizing equipment, or comply by emission 
averaging if using a mix of atomizing and nonatomizing equipment.
    A second commenter requested either a higher HAP content limit or 
an exemption for high-strength or heat-resistant resins. The commenter 
defined high-strength resins as those having a tensile strength greater 
than 10,000 pounds per square inch (psi) in clear cast form as measured 
by ASTM D638, and defined heat-resistant resins as those having a heat 
deflection temperature greater than 212  deg.F (100  deg.C) in clear 
cast form as measured by ASTM D648.
    A third commenter requested that EPA either create a separate 
standard for, or include an exemption for, the use of backup gel coat. 
According to the commenter, backup gel coat is a black gel coat that is 
applied behind the white exterior gel coat to provide a dark 
background, against which air trapped in the wet laminate can be more 
easily detected and removed before the laminate hardens. The commenter 
reported they use a backup gel coat containing 44 percent HAP.
    Response: The EPA recognizes that many boat manufacturers have 
situations in which they must use higher HAP materials for specialized 
purposes. In developing the NESHAP, we wanted to provide flexibility to 
deviate from the HAP content limits in these specialized situations. At 
the same time, it is impossible in the NESHAP to specifically 
accommodate all the situations in which a higher HAP material is 
needed. Attempting to do so could also limit flexibility if a 
particular situation requiring an exemption was overlooked and not 
accounted for in the NESHAP. Therefore, one of our objectives was to 
provide flexibility to use some higher HAP materials by adopting the 
averaging provisions and using weighted-average HAP contents in setting 
the MACT for each operation.
    The averaging provisions allow each manufacturer to select a mix of 
resin and gel coat products that is best for their operation and to use 
higher HAP products based on their unique needs, as long as the 
emission limits are met. The plant-wide weighted-average HAP content 
used in determining MACT also accounts for the variation in HAP content 
among products used by a single manufacturer.
    Because of the flexibility provided by the averaging options, the 
final NESHAP do not contain any of the three exemptions or higher HAP 
content limits requested by the commenters. Boat manufacturers that 
wish to apply some resin with atomizing equipment may use emissions 
averaging, rather than comply with the HAP content limit for atomized 
resin application operations.
    The final standards do not exempt high-strength or heat-resistant 
resins from the HAP content limits. At least one vinylester resin being 
used by boat manufacturers meets both of the performance criteria 
suggested by the commenter and has an organic HAP content of 35 
percent. (See Docket A-95-44). The resin has a tensile strength of 
10,560 psi, and a heat deflection temperature of 228.6  deg.F. 
Therefore, boat manufacturers can still comply with the HAP content 
limits when using resins that must meet high-strength or heat-resistant 
specifications. Boat manufacturers that wish to continue to use their 
current materials may also average these resins with other open molding 
operations.
    We do not believe an exemption or separate HAP content limit is 
needed for backup gel coats. According to the EPA database and 
observations made during site visits to various boat manufacturers, the 
majority of boat manufacturers do not use these backup gel coats. Those 
boat manufacturers that choose to use backup gel coats have the option 
of averaging these gel coats with other gel coats or resin application 
operations to demonstrate compliance.
    Comment: Two commenters asked EPA to exempt or establish a HAP 
limit of 48 percent for production resin meeting military 
specifications, U.S. Coast Guard specifications for lifesaving 
equipment and small passenger vessels, Lloyd's Register (LR) 
certification criteria, American Bureau of Shipping (ABS) certification 
criteria, or other third party material performance specifications.
    Response: The EPA database from which the NESHAP were developed 
represents almost exclusively recreational boat manufacturers. We have 
no data on resins used on boats built to military specifications or 
U.S. Coast Guard requirements. Therefore, production resins (including 
skin coat resins) are exempt from the production resin HAP content 
limits when those resins must meet military specifications or must be 
approved by the U.S. Coast Guard for use in life saving equipment and 
small passenger vessels. However, the final NESHAP do require that 
these resins be applied with nonatomized (non-spray) application 
equipment since nonatomized resin application does not affect resin 
performance.
    Resins used on boats that are certified as meeting LR, ABS, or 
other third party standards will not be exempt from the HAP content 
limits for production resins. We have data indicating that laminates 
made with resins containing 35 percent styrene can meet both LR and ABS 
performance specifications. (See Docket A-95-44.)
    Comment: Several commenters asked EPA to exempt 100 percent 
vinylester

[[Page 44226]]

skin coat resins from the HAP content limits, or establish a higher HAP 
content limit for skin coat resins. The commenters stated that skin 
coat resin, which is applied between the gel coat layer and the 
laminations on the bottom of the boat, is typically less than 5 percent 
of total production resin used. The commenters stated that low-HAP 
resins, including blended polyester-vinylester resins, do not offer the 
osmotic blister resistance of 100 percent vinylester skin coat resins 
with HAP contents of about 46 percent.
    One commenter provided data to EPA comparing the blister resistance 
of pure vinylester resins to several blended polyester-vinylester 
resins in accelerated testing conditions. None of the blended resins 
had the same performance as the pure vinylester resins. According to 
the commenters, the pure vinylester resins are more expensive than the 
blended resins and are used only on larger boats that are intended to 
remain in the water continuously and that are removed only for periodic 
maintenance.
    The commenters also concluded that using low-HAP skin coats could 
cause increased osmotic blistering to occur. Repairing osmotic blisters 
requires peeling or grinding the damaged gel coat and resin layers from 
the boat bottom and applying new resin and gel coat. These repairs 
result in additional styrene emissions and solid waste, thus offsetting 
the emission reduction benefits of low-HAP skin coats.
    Response: We evaluated the test data submitted and agree with the 
conclusions of the commenters. The final rule exempts 100 percent 
vinylester resin used for skin coats from the production resin HAP 
content requirements. The resins eligible for the exemption will be 
limited to a maximum of 5 percent of the total resin used at each 
facility using the exemption. A facility using the exemption will need 
to maintain records of the amount of resin included in the exemption. 
This 5 percent cap is consistent with the amount of 100 percent 
vinylester resin used at the commenters' facilities.
    This exemption for 100 percent vinylester skin coat resins is 
consistent with the results of the MACT analysis. The EPA database 
includes at least 13 boat manufacturers that are using skin coat resins 
with an organic HAP content of 35 percent or less. However, these are 
blended polyester-vinylester resins and are not pure vinylester resins. 
In addition, these blended resins are not used on boats in the size 
range on which the 100 percent vinylester resins are used. There are no 
facilities using a 100 percent vinylester resin with an organic HAP 
content of 35 percent.

B. Filled Tooling Resins

    Comment: Several commenters requested that the HAP content of 
filled tooling resin be determined ``as applied'' rather than before 
the filler is added. Alternatively, the commenters suggested setting a 
separate MACT standard for filled tooling resins or exempting filled 
tooling resins from any HAP content limits. In the proposed NESHAP, the 
tooling resin HAP content limits were based on unfilled tooling resins. 
This approach would require operators to determine the HAP content of 
the tooling resin before the filler is added. According to the 
commenters, tooling resins to which filler will be added must have a 
higher HAP content to maintain a workable viscosity after the filler is 
added, but the HAP content is lowered substantially by the filler.
    Response: The MACT floor for tooling resins was based on the use of 
a low-HAP, unfilled resin. Recently, more boat manufacturers have begun 
using filled tooling resins. We agree with the commenters that 
compliance for filled resins (both tooling and production) should be 
determined on an as-applied basis, rather than based on the HAP content 
of the neat (unfilled) resin before filler is added. However, because 
the emissions from filled and unfilled resins are different, compliance 
cannot be based on the HAP content of a filled resin. In a filled resin 
system, the percent of available styrene emitted is nearly the same as 
in the neat unfilled resin before the filler is added. In other words, 
if a filled resin and unfilled resin have the same HAP content on an 
as-applied basis, then the filled resin system will have higher HAP 
emissions than the unfilled resin because the filled resin has a higher 
styrene-to-resin polymer ratio. Therefore, filled resins must be 
compared to the MACT standard based on the MACT model point value 
(kilogram of HAP per megagram of filled resin applied (kg/Mg)). This 
approach accounts for differences in both HAP content and the amount of 
filler added.
    A facility using a filled resin would calculate the MACT model 
point value for that resin based on the HAP content of the unfilled 
(neat) resin. The calculated MACT model point value would then be 
multiplied by the weight fraction of resin in the filled resin system 
to calculate the kg of HAP per Mg of filled resin applied. The final 
NESHAP contain procedures for calculating compliance for filled resins 
on an as-applied basis.

C. Standards for Closed Molding Resin Operations

    Comment: Several commenters encouraged EPA to allow averaging 
between open and closed molding operations in cases where closed 
molding replaced an existing open molding operation. The commenters 
also encouraged EPA to allow a facility to average open and closed 
molding at new sources, and at existing sources where the closed 
molding was part of an expansion that did not replace open molding 
capacity. The commenters argued that allowing more averaging would 
encourage the development of closed molding technology that would 
further reduce HAP emissions.
    Response: In the preamble to the proposed NESHAP, we solicited 
comments on the feasibility of allowing emissions averaging between 
open and closed molding operations in cases where the closed molding 
was considered a replacement for existing open molding operations. We 
received no comments that supported the legal feasibility of such 
averaging. We have decided that in the final NESHAP, closed molding 
operations will not be included in any averaging compliance options for 
either new or existing sources.
    For the proposed NESHAP, we considered two options in determining 
MACT for open and closed molding operations. First, we considered 
determining MACT for all molding operations combined, including both 
open and closed molding. Although open and closed molding are different 
production processes, in this option we considered closed molding to be 
simply a very good emission control technique for open molding. Under 
this option, MACT limits would be set based on using a mix of open and 
closed molding. To comply, a facility could offset excess emissions 
from its open molding operations by using emission ``credits'' 
generated by using a greater fraction of closed molding operations than 
required by the standard. However, determining MACT by this method 
would result in a standard for existing sources that would be 
difficult, if not impossible, to achieve by sources that use only open 
molding. Also, MACT for new sources would be nearly 100 percent closed 
molding, which may not be achievable by most new sources. For these 
reasons, we did not determine MACT on a combined basis in the proposed 
NESHAP.
    The second option we considered for determining MACT (and the one 
we proposed) was to treat open and closed molding as separate processes 
with

[[Page 44227]]

separate standards. Industry agreed with this position. We considered 
allowing emissions averaging under this option, but decided that 
averaging would provide little, if any, advantage. We have insufficient 
data for establishing MACT model point values for the different closed 
molding technologies. These MACT model point values would be needed to 
compute emission reductions for ``over controlling'' the closed molding 
operations. Even if such point values were established, it is unlikely 
that a source could achieve substantial reductions beyond the closed 
molding standard since closed molding operations emit so little.
    We concluded, therefore, that emissions averaging at new and 
existing sources as requested by the commenters is not feasible. One 
method of allowing averaging would provide very little benefit and the 
other method would create an unreasonably stringent standard for 
sources that choose not to comply by emissions averaging.
    Although we are not allowing emissions averaging between open and 
closed molding, we do encourage the use of closed molding because of 
its low-emitting nature. Even in the absence of averaging, we believe 
that there can be other benefits of using closed molding, such as 
minimized worker exposure, less recordkeeping and reporting, and the 
operational flexibility to use materials with any HAP content desired.

D. Standards for Aluminum Recreational Boat Surface Coating Operations

    Comment: Two commenters requested that the MACT floor for aluminum 
recreational boat wipedown solvents be recalculated using the total 
volume of coating solids (primers, clear coats, and top coats) as a 
surrogate for the surface area to be cleaned. The commenters argued 
that the format of the NESHAP for aluminum recreational boat wipedown 
solvents is inappropriate because it uses the solids volume from the 
first coat (aluminum primers and clear coats applied to bare aluminum) 
as a surrogate for the surface area of the boat being cleaned prior to 
coating. According to the commenters, the use of the first coat solids 
volume is significantly more variable and biases the standard in favor 
of higher-solids primers. Therefore, the limit may not be achievable by 
facilities using lower-solids primers. According to the commenters, 
using the total volume of coating solids as a surrogate for surface 
area to be cleaned is more appropriate since the dry film thickness of 
the complete system is generally more uniform than that of primers and 
clear coats.
    The commenters also asked EPA to allow facilities to average 
emissions between aluminum recreational boat surface preparation and 
coating operations by adopting a single HAP content limit for the 
combined operations. The commenters argued that this flexibility would 
help manufacturers meet the aluminum wipedown solvent and coating 
operation standards. They also noted that surface preparation, primers, 
and topcoats are often parts of a single coating system. The commenters 
estimated that the MACT floor based on combined emissions calculated at 
each facility would be equal to 1.87 kg HAP per liter of coating 
solids.
    Response: We agree with the commenters that the total volume solids 
of primers, clear coats, and top coats is a better surrogate for total 
surface area than the volume solids of primer and clear coats applied 
to bare aluminum. We originally used primers and clear coats as a 
surrogate to reduce bias introduced by facilities that use more than a 
single color and apply multiple layers in the top coats. However, as 
noted by the commenters, the bias introduced by multiple top coat 
layers is less than the bias introduced by variability in the solids 
content of primers and clear coats.
    To develop the combined emission limit, we have calculated the mass 
of HAP from aluminum wipedown solvents consumed per volume of total 
coating solids for the aluminum recreational boat manufacturing 
facilities in the EPA database. Based on this format, the MACT floor 
facility has a weighted-average HAP consumption rate of 0.33 kg organic 
HAP per liter of coating solids, including primers, clear coats, and 
topcoats.
    We agree that allowing averaging or complying with a single HAP 
emission limit for these combined operations will provide greater 
flexibility and simplify compliance for boat manufacturers. In the 
final NESHAP, boat manufacturers may comply with either a single limit 
for combined operations or individual limits for wipedown solvents and 
coatings.
    The combined HAP content limit for wipedown solvents and surface 
coating operations was derived as the sum of the separate limits for 
wipedown solvents and aluminum coatings. The limit for wipedown 
solvents is 0.33 kg organic HAP per liter coating solids and for 
aluminum coatings is 1.22 kg organic HAP per liter of coating solids. 
The combined limit is 1.55 kg organic HAP per liter of coating solids. 
This combined limit is more stringent than the limit estimated by the 
commenters (1.87 kg organic HAP per liter coating solids) because we 
performed separate MACT analyses for wipedown solvents and aluminum 
coatings. We performed separate analyses, rather than a MACT analysis 
for the combined emissions at each facility, because we disagree that 
the wipedown solvent is part of a coating system. We reviewed the data 
on coatings and aluminum wipedown solvents and noted that different 
boat manufacturers using the same coating system from the same supplier 
often used different aluminum wipedown solvents.

E. Methods for Determining Hazardous Air Pollutant Content

    Comment: Several commenters asked EPA to clarify that compliance 
with the HAP content limits for gel coat is based only on organic HAP 
content and should not include inorganic HAP included as metal pigments 
because these metal pigments are not emitted during application or 
curing.
    Response: We did not consider metal pigments in determining the HAP 
content limits for gel coats, and we agree that they are not emitted 
from the gel coat operations. Therefore, Sec. 63.5758 of the final rule 
clarifies that HAP content includes organic HAP only and does not 
include inorganic HAP.
    Comment: One commenter asked EPA to allow the use of less expensive 
methods ASTM D1644-88 (Standard Test Method for Nonvolatile Content of 
Varnishes) and ASTM D1259-85 (Standard Test Method for Nonvolatile 
Content of Resins), in addition to EPA Method 311, to demonstrate 
compliance with HAP content limits. The ASTM methods do not directly 
measure the HAP content and instead measure volatile organic matter.
    Response: We agree that facility owners and operators should be 
allowed to demonstrate compliance with the HAP content limits using the 
ASTM D1259-85, but we do not see the utility of ASTM D1644-88. We are 
not regulating varnishes, and we are allowing in the final NESHAP the 
use of ASTM D1259-85 for resins and gelcoats and EPA Method 24 for 
coatings, which are weight-loss methods similar to ASTM D1644-88. We 
are allowing the use of ASTM D1259-85 because it tends to overestimate 
HAP content, compared to EPA Method 311, since it measures all volatile 
species and not just HAP. Likewise, the final NESHAP also allow the use 
of EPA Method 24 to measure volatile organic compound content as a 
surrogate for HAP.

[[Page 44228]]

    Comment: One commenter asked that EPA ensure that the MACT 
standards reflect the high end of the HAP content ranges reported in 
the MSDS collected by EPA through the industry survey. In addition, if 
an MSDS offered a single HAP content value, the commenter asked EPA to 
ensure that the manufacturer did not allow the value to fluctuate above 
the value reported in the MSDS. For example, an MSDS provided by the 
commenters for a production gel coat reports the combined styrene and 
MMA content is 36.4 percent, but notes that these values are target 
formula values and ``actual batch concentrations will vary within 
limits consistent with separately established product specifications.''
    Response: In selecting the HAP content limits for all operations 
regulated by the proposed NESHAP, we always used the upper limit of the 
range for reported HAP content values. Therefore, we are confident that 
the proposed HAP content limits are achievable.
    However, we agree that some material manufacturers and suppliers 
report on their MSDS the ``target'' value for a constituent and actual 
values may vary from the target value by plus or minus 2 percentage 
points. Since the standards are based on these same data, the standards 
should account for this variation between actual and reported values. 
Therefore, Sec. 63.5758 of the final NESHAP includes a provision that 
if a HAP content measured using the methods specified in the NESHAP is 
within 2 percentage points of the reported target value, you may use 
the reported value for demonstrating compliance. Otherwise, you must 
use the measured value to demonstrate compliance.

F. Notifications, Reports, and Records

    Comment: Several commenters asked EPA to allow compliance with the 
standards to be demonstrated based on a 12-month rolling average 
instead of a 3-month rolling average. They argued that this is 
consistent with the typical recordkeeping and reporting obligations in 
most title V permits. In addition, many facilities experience seasonal 
variations in production and mold construction that may require them to 
use higher HAP materials for several months at a time. A 3-month 
averaging period would not allow them to offset these higher emissions 
with lower emissions during the rest of the year.
    Response: We agree with the commenters, and the final NESHAP allow 
compliance to be demonstrated on a 12-month rolling average basis, 
rather than a 3-month rolling average basis for sources that are not 
using an add-on control device. For sources using an add-on control 
device, compliance is based on continuous parameter monitoring.

G. Pollution Prevention

    Comment: One commenter asked EPA to include provisions by which a 
facility already subject to the rule could become exempt by employing 
pollution prevention measures that are at least equivalent to MACT and 
that make the source physically incapable of being a major source. 
According to the commenter, EPA policy is that a source that is a major 
source on the compliance date for a rule is always subject to a rule, 
even if it adopts process changes or pollution prevention strategies 
that make it physically impossible to emit at greater than the major 
source threshold. According to the commenter, EPA's ``once in, always 
in'' policy discourages facilities from adopting pollution prevention 
strategies that could achieve significant emission reductions.
    Response: The EPA, through discussion with State and Territorial 
Air Pollution Program Administrators and the Association of Local Air 
Pollution Control Officials, has reached a tentative solution that will 
require changes in the NESHAP General Provisions (40 CFR part 63, 
subpart A) or individual MACT rules, rather than a change in the EPA 
policy on ``Once-In-Always-In.'' (See the May 16, 1995 memorandum on 
``Potential to Emit'' from John Seitz to the EPA Regional 
Administrators, available on the World Wide Web at http://www.epa.gov/ttn/oarpg.) We have been working to develop regulatory options that 
would allow qualifying sources to satisfy the MACT requirements through 
innovative, streamlined approaches, if, after a source achieves 
compliance with an applicable MACT rule, they achieve HAP emission 
reductions equivalent to or better than MACT levels of control through 
pollution prevention measures. The regulatory options under 
consideration for the final solution will include components that meet 
the legal requirements of the CAA and still resolve the issues 
regarding pollution prevention. Once we reach a final solution, we plan 
to develop rule language to propose to amend either the NESHAP General 
Provisions or existing MACT rules. We project proposing these 
amendments later in 2001.

VI. Administrative Requirements

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must 
determine whether a final regulatory action is ``significant'' and 
therefore subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The 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 obligations 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 today's final rule is not a ``significant regulatory 
action'' because it will not have an annual effect on the economy of 
$100 million or more and is therefore not subject to OMB review.

B. Executive Order 13132, Federalism

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

[[Page 44229]]

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 rule.
    If EPA complies by consulting, Executive Order 13132 requires EPA 
to provide to the OMB, in a separately identified section of the 
preamble to the rule, a federalism summary impact statement (FSIS). The 
FSIS must include a description of the extent of EPA's prior 
consultation with State and local officials, a summary of the nature of 
their concerns and EPA's position supporting the need to issue the 
regulation, and a statement of the extent to which the concerns of 
State and local officials have been met. Also, when EPA transmits a 
final rule with federalism implications to OMB for review pursuant to 
Executive Order 12866, EPA must include a certification from its 
federalism official stating that EPA has met the requirements of 
Executive Order 13132 in a meaningful and timely manner.
    Today's final rule will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, as specified in Executive Order 13132. No 
boat manufacturing facilities subject to the final rule are owned by 
State or local governments. Therefore, State and local governments will 
not have any direct compliance costs resulting from this final rule. 
Furthermore, EPA is directed to develop the final rule by section 112 
of the CAA. Thus, the requirements of section 6 of the Executive Order 
do not apply to this final rule.

C. Executive Order 13175, Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    This final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
Thus, Executive Order 13175 does not apply to this rule.

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

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that 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 EPA.
    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. Today's final rule is not 
subject to Executive Order 13045 because it establishes an 
environmental standard based on technology, not health or safety risk. 
No children's risk analysis was performed because no alternative 
technologies exist that would provide greater stringency at a 
reasonable cost. Furthermore, today's final 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 
must generally prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating 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, we 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 rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more by 
State, local, and tribal governments, in the aggregate, or the private 
sector in any 1 year. The total cost to the private sector is 
approximately $14 million per year. This final rule contains no 
mandates affecting State, local, or Tribal governments. Thus, today's 
final rule is not subject to the requirements of sections 202 and 205 
of the UMRA.
    We have determined that this final 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.

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 us to give special consideration to the 
effect of Federal regulations on small entities and to consider 
regulatory options that might mitigate any such impacts. We must 
prepare a regulatory flexibility analysis unless we determine that the 
rule will not have a ``significant economic impact on a substantial 
number of small entities.'' Small entities

[[Page 44230]]

include small businesses, small organizations, and small governmental 
jurisdictions.
    For the purposes of assessing the impacts of today's final rule on 
small entities, a small entity is defined as: (1) A small business 
whose parent company has fewer than 500 employees; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; or (3) a small organization that is ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.''
    We have determined that 66 out of the 2,307 small firms in the 
industry (2.9 percent) may be affected by this final rule. In a 
screening of impacts on these small firms, we found that 47 firms have 
costs that comprise less than 1 percent of firm revenues, and 19 firms 
have estimated compliance costs that exceed 1 percent of their 
revenues. Based on available data of industry profit margins, the 
average return on sales for the industry is 3.4 percent. Of the 19 
firms with costs greater than 1 percent of revenues, only one firm is 
estimated to experience costs exceeding 3 percent of revenues. Thus, 
reviewing the range of costs to be borne by small businesses in light 
of the 3.4 percent profit margins typical of this industry, the Agency 
has determined the costs are typically small and, overall, do not 
constitute a significant impact on a substantial number of small 
businesses. In addition, this final rule is likely to also increase 
profits at the 2,241 small firms that are not affected by the final 
rule due to the very slight increase in market prices. The economic 
impacts are summarized in section III.G. of this document and in the 
economic impact analysis contained in Docket No. A-95-44.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA has tried to 
reduce the impact of this final rule on small entities. We have met 
with ten of these small firms and their trade association. They have 
been fully involved in this rulemaking, and their concerns have been 
considered in the development of this final rule. In developing these 
final standards, we have provided the maximum degree of flexibility to 
minimize impacts on small businesses by providing several different 
compliance options, several of which require a minimum amount of 
recordkeeping and reporting. Also, these final standards, which are 
based on MACT floor level control technology, reflect the minimum level 
of control allowed under the CAA. Small businesses that are subject to 
the final rule will not be systematically impacted more than larger 
operations.
    Pursuant to the provisions of 5 U.S.C. 605(b), we have determined 
that this final rule will not have a significant economic impact on a 
substantial number of small entities.

G. Paperwork Reduction Act

    The information collection requirements in today's final rule have 
been submitted for approval to the OMB under the Paperwork Reduction 
Act, 44 U.S.C. 3501 et seq. An ICR document has been prepared by EPA 
(ICR No. 1966.02) and a copy may be obtained from Sandy Farmer by mail 
at the U.S. EPA, Office of Environmental Information, Collection 
Strategies Division (2822), 1200 Pennsylvania Avenue NW, Washington, DC 
20460, by e-mail 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 final rule contains monitoring, reporting, and recordkeeping 
requirements. The required notices and reports are the minimum needed 
by us to determine who is subject to the NESHAP and whether you are in 
compliance. The final recordkeeping requirements are the minimum 
necessary to determine initial and ongoing compliance. Based on 
reported information, we would decide which boat manufacturers and what 
records or processes should be inspected. The recordkeeping and 
reporting requirements are consistent with the general provisions of 40 
CFR part 63.
    These recordkeeping and reporting requirements are specifically 
authorized by section 114 of the CAA (42 U.S.C. 7414). All information 
submitted to us for which a claim of confidentiality is made will be 
safeguarded according to our policies in 40 CFR part 2, subpart B.
    The EPA expects the final rule to affect a total of 134 boat 
manufacturing facilities over the first 3 years. The EPA assumes that 
five new boat manufacturing facilities will become subject to the final 
rule during each of the first 3 years. The EPA expects 119 existing 
facilities to be affected by the final rule, and these existing 
facilities will begin complying in the third year.
    The estimated average annual burden for the first 3 years after 
promulgation of the final rule for industry and the implementing agency 
is outlined below. You can find the details of this information 
collection in the ``Standard Form 83 Supporting Statement for ICR No. 
1966.02,'' in Docket No. A-95-44.

----------------------------------------------------------------------------------------------------------------
                                                                                   Operating and
         Affected entity            Total hours     Labor costs    Capital costs    maintenance     Total costs
                                                                                       costs
----------------------------------------------------------------------------------------------------------------
Industry........................          10,343         635,526               0             895         636,421
Implementing agency.............           2,456         141,073               0               0         141,073
----------------------------------------------------------------------------------------------------------------

    The EPA estimates that there are no capital or startup costs for 
these new facilities because they are expected to comply by limiting 
the HAP content of materials. The implementing agency would not incur 
any capital or startup costs.
    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. Control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. When the 
OMB approves the information collection requirements of the final rule, 
the EPA will amend the table in 40 CFR part 9 of currently approved ICR 
control

[[Page 44231]]

numbers issued by OMB for various regulations.

H. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Public Law No. 104-113; 15 U.S.C. 272 note) 
directs the EPA to use voluntary consensus standards in their 
regulatory and procurement activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards (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 OMB, 
with explanations when an agency does not use available and applicable 
voluntary consensus standards.
    This rulemaking involves technical standards. The EPA cites the 
following standards in this rule: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 
2G, 18, 24, 25A, 204, and 311. Consistent with the NTTAA, EPA conducted 
searches to identify voluntary consensus standards in addition to these 
EPA methods. No applicable voluntary consensus standards were 
identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204, and 311. The search 
and review results have been documented and are placed in the docket 
(Docket No. A-95-44) for this rule.
    Two voluntary consensus standards are cited in this rule for 
determining the volume solids content of coatings. These two 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 volume solids content 
be calculated from the coating manufacturer's formulation. Today's rule 
does allow for the use of volume solids content values calculated from 
the coating manufacturer's formulation; however, test results will take 
precedence if they do not agree with calculated values.
    We are also citing the voluntary consensus standard ASTM D1259-85, 
``Standard Test Method for Nonvolatile Content of Resins,'' as an 
acceptable method to measure the volatile matter content of resins and 
gel coats for open molding operations, to be used as a substitute for 
organic HAP content.
    Six voluntary consensus standards: ASTM D1475-90, ASTM D2369-95, 
ASTM D3792-91, ASTM D4017-96a, ASTM D4457-85 (Reapproved 91), and ASTM 
D5403-93 are already incorporated by reference in EPA Method 24. Five 
voluntary consensus standards: ASTM D1979-91, ASTM D3432-89, ASTM 
D4747-87, ASTM D4827-93, and ASTM PS9-94 are incorporated by reference 
in EPA Method 311. In addition, we are separately specifying the use of 
ASTM D1475-90, ``Standard Test Method for Density of Liquid Coatings, 
Inks, and Related Products,'' for measuring the average density of 
volatile matter in the coating.
    The voluntary consensus standard ASTM D6420-99, ``Standard Test 
Method for Determination of Gaseous Organic Compounds by Direct 
Interface Gas Chromatography-Mass Spectrometry (GC/MS),'' is 
appropriate in the cases described below for inclusion in this rule in 
addition to EPA Method 18 codified at 40 CFR part 60, appendix A.
    Similar to EPA's performance-based Method 18, ASTM D6420-99 is also 
a performance-based method for measurement of gaseous organic 
compounds. However, ASTM D6420-99 was written to support the specific 
use of highly portable and automated GC/MS. While offering advantages 
over the traditional Method 18, the ASTM method does allow some less 
stringent criteria for accepting GC/MS results than required by Method 
18. Therefore, ASTM D6420-99 is a suitable alternative to Method 18 
only where: (1) the target compound(s) are those listed in Section 1.1 
of ASTM D6420-99, and (2) the target concentration is between 150 parts 
per billion by volume and 100 parts per million by volume.
    For target compound(s) not listed in Table 1.1 of ASTM D6420-99, 
but potentially detected by mass spectrometry, the rule specifies that 
the additional system continuing calibration check after each run, as 
detailed in Section 10.5.3 of the ASTM method, must be followed, met, 
documented, and submitted with the data report even if there is no 
moisture condenser used or the compound is not considered water 
soluble. For target compound(s) not listed in Table 1.1 of ASTM D6420-
99, and not amenable to detection by mass spectrometry, ASTM D6420-99 
does not apply.
    In addition to the voluntary consensus standards EPA will use in 
this rule, the search for emissions measurement procedures identified 
12 other voluntary consensus standards. The EPA determined that nine of 
these 12 standards identified for measuring emissions of the HAP or 
surrogates subject to emission standards in this rule were impractical 
alternatives to EPA test methods for the purposes of this rule. 
Therefore, the EPA does not intend to adopt these standards.
    Three of the 12 voluntary consensus standards identified in this 
search were not available at the time the review was conducted for the 
purposes of this rule because they are under development by a voluntary 
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity 
Traverse,'' for EPA Method 2 (and possibly 1); ASME/BSR MFC 12M, ``Flow 
in Closed Conduits Using Multiport Averaging Pitot Primary 
Flowmeters,'' for EPA Method 2; and ISO/PWI 17895, ``Paints and 
Varnishes-Determination of the Volatile Organic Compound Content of 
Water-based Emulsion Paints,'' for EPA Method 24.
    Sections 63.5719 and 63.5758 to subpart VVVV list the EPA testing 
methods included in the rule. Under Sec. 63.8, a source may apply to 
EPA for permission to use alternative monitoring in place of any of the 
EPA testing methods.

I. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
SBREFA, generally provides that before a rule may take effect, the 
agency promulgating the rule must submit a rule report, which includes 
a copy of the rule, to each House of the Congress and to the 
Comptroller General of the United States. The EPA will submit a report 
containing this final rule and other required information to the U.S. 
Senate, the U.S. House or Representatives, and the Comptroller General 
of the United States, prior to publication of the final rule in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2), and therefore, will be effective 
on August 22, 2001.

J. Executive Order 13211 (Energy Effects)

    This rule is not subject to Executive Order 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a 
significant regulatory action under Executive Order 12866.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous air 
pollutants, Incorporation by reference, Reporting and recordkeeping

[[Page 44232]]

requirements, Volatile organic compounds.

    Dated: August 14, 2001.
Christine Todd Whitman,
Administrator.

    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is 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 VVVV to read as follows:

Subpart VVVV--National Emission Standards for Hazardous Air 
Pollutants for Boat Manufacturing

Sec.

What the Subpart Covers

63.5680  What is the purpose of this subpart?
63.5683  Does this subpart apply to me?
63.5686  How do I demonstrate that my facility is not a major 
source?
63.5689   What parts of my facility are covered by this subpart?
63.5692   How do I know if my boat manufacturing facility is a new 
source or an existing source?
63.5695   When must I comply with this subpart?

Standards for Open Molding Resin and Gel Coat Operations

63.5698   What emission limit must I meet for open molding resin and 
gel coat operations?
63.5701   What are my options for complying with the open molding 
emission limit?
63.5704   What are the general requirements for complying with the 
open molding emission limit?
63.5707   What is an implementation plan for open molding operations 
and when do I need to prepare one?
63.5710   How do I demonstrate compliance using emissions averaging?
63.5713   How do I demonstrate compliance using compliant materials?
63.5714   How do I demonstrate compliance if I use filled resins?

Demonstrating Compliance for Open Molding Operations Controlled by Add-
on Control Devices

63.5715   What operating limits must I meet?
63.5716   When must I conduct a performance test?
63.5719   How do I conduct a performance test?
63.5722   How do I use the performance test data to demonstrate 
initial compliance?
63.5725   What are the requirements for monitoring and demonstrating 
continuous compliance?

Standards for Closed Molding Resin Operations

63.5728   What standards must I meet for closed molding resin 
operations?

Standards for Resin and Gel Coat Mixing Operations

63.5731   What standards must I meet for resin and gel coat mixing 
operations?

Standards for Resin and Gel Coat Application Equipment Cleaning 
Operations

63.5734   What standards must I meet for resin and gel coat 
application equipment cleaning operations?
63.5737   How do I demonstrate compliance with the resin and gel 
coat application equipment cleaning standards?

Standards for Carpet and Fabric Adhesive Operations

63.5740   What emission limit must I meet for carpet and fabric 
adhesive operations?

Standards for Aluminum Recreational Boat Surface Coating Operations

63.5743   What standards must I meet for aluminum recreational boat 
surface coating operations?
63.5746   How do I demonstrate compliance with the emission limits 
for aluminum wipedown solvents and aluminum coatings?
63.5749   How do I calculate the organic HAP content of aluminum 
wipedown solvents?
63.5752   How do I calculate the organic HAP content of aluminum 
recreational boat surface coatings?
63.5753   How do I calculate the combined organic HAP content of 
aluminum wipedown solvents and aluminum recreational boat surface 
coatings?
63.5755   How do I demonstrate compliance with the aluminum 
recreational boat surface coating spray gun cleaning work practice 
standards?

Methods for Determining Hazardous Air Pollutant Content

63.5758   How do I determine the organic HAP content of materials?

Notifications, Reports, and Records

63.5761   What notifications must I submit and when?
63.5764   What reports must I submit and when?
63.5767   What records must I keep?
63.5770   In what form and for how long must I keep my records?

Other Information You Need To Know

63.5773   What parts of the General Provisions apply to me?
63.5776   Who implements and enforces this subpart?

Definitions

63.5779   What definitions apply to this subpart?

Tables to Subpart VVVV

Table 1 to Subpart VVVV--Compliance Dates for New and Existing Boat 
Manufacturing Facilities
Table 2 to Subpart VVVV--Alternative HAP Content Requirements for 
Open Molding Resin and Gel Coat Operations
Table 3 to Subpart VVVV--MACT Model Point Value Formulas for Open 
Molding Operations
Table 4 to Subpart VVVV--Operating Limits If Using an Add-on Control 
Device for Open Molding Operations
Table 5 to Subpart VVVV--Default Organic HAP Contents of Solvents 
and Solvent Blends
Table 6 to Subpart VVVV--Default Organic HAP Contents of Petroleum 
Solvent Groups
Table 7 to Subpart VVVV--Applicability and Timing of Notifications
Table 8 to Subpart VVVV--Applicability of General Provisions (40 CFR 
Part 63, Subpart A) to Subpart VVVV

What the Subpart Covers


Sec. 63.5680  What is the purpose of this subpart?

    (a) This subpart establishes national emission standards for 
hazardous air pollutants (HAP) for new and existing boat manufacturing 
facilities with resin and gel coat operations, carpet and fabric 
adhesive operations, or aluminum recreational boat surface coating 
operations. This subpart also establishes requirements to demonstrate 
initial and continuous compliance with the emission standards.


Sec. 63.5683  Does this subpart apply to me?

    (a) This subpart applies to you if you meet both of the criteria 
listed in paragraphs (a)(1) and (2) of this section.
    (1) You are the owner or operator of a boat manufacturing facility 
that builds fiberglass boats or aluminum recreational boats.
    (2) Your boat manufacturing facility is a major source of HAP 
either in and of itself, or because it is collocated with other sources 
of HAP, such that all sources combined constitute a major source.
    (b) A boat manufacturing facility is a facility that manufactures 
hulls or decks of boats from fiberglass or aluminum, or assembles boats 
from premanufactured hulls and decks, or builds molds to make 
fiberglass hulls or decks. A facility that manufactures only parts of 
boats (such as hatches, seats, or lockers) or boat trailers is not 
considered a boat manufacturing facility for the purpose of this 
subpart.
    (c) A major source is any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or can potentially emit, considering controls, in the aggregate, 
9.1 megagrams (10 tons) or more per year of a single HAP or 22.7 
megagrams (25 tons) or more per year of a combination of HAP.

[[Page 44233]]

    (d) This subpart does not apply to aluminum coating operations on 
aluminum boats intended for commercial or military (nonrecreational) 
use, antifoulant coatings, assembly adhesives, fiberglass hull and deck 
coatings, research and development activities, mold sealing and release 
agents, mold stripping and cleaning solvents, and wood coatings as 
defined in Sec. 63.5779. This subpart does not apply to materials 
contained in handheld aerosol cans.


Sec. 63.5686  How do I demonstrate that my facility is not a major 
source?

    You can demonstrate that your facility is not a major source by 
using the procedures in either paragraph (a) or (b) of this section.
    (a) Emission option. You must demonstrate that your facility does 
not emit, and does not have the potential to emit as defined in 
Sec. 63.2, considering federally enforceable permit limits, 9.1 
megagrams (10 tons) or more per year of a single HAP or 22.7 megagrams 
(25 tons) or more per year of a combination of HAP. To calculate your 
facility's potential to emit, you must include emissions from the boat 
manufacturing facility and all other sources that are collocated and 
under common ownership or control with the boat manufacturing facility.
    (b) Material consumption option. This option can be used if you 
manufacture either fiberglass boats or aluminum recreational boats at 
your facility. You must meet the criteria in paragraph (b)(1), (2), or 
(3) of this section and comply with the requirements in paragraph (c) 
of this section. If you initially rely on the limits and criteria 
specified in paragraph (b)(1), (2), or (3) of this section to become an 
area source, but then exceed the relevant limit (without first 
obtaining and complying with other limits that keep your potential to 
emit HAP below major source levels), your facility will then become a 
major source, and you must comply with all applicable provisions of 
this subpart beginning on the compliance date specified in 
Sec. 63.5695. Nothing in this paragraph is intended to preclude you 
from limiting your facility's potential to emit through other federally 
enforceable mechanisms available through your permitting authority.
    (1) If your facility is primarily a fiberglass boat manufacturing 
facility, you must demonstrate that you consume less than 45.4 
megagrams per rolling 12-month period of all combined polyester-and 
vinylester-based resins and gel coats (including tooling and production 
resins and gel coats, and clear gel coats), and you must demonstrate 
that at least 90 percent of total annual HAP emissions at the facility 
(including emissions from aluminum recreational boat manufacturing or 
other source categories) originate from the fiberglass boat 
manufacturing materials.
    (2) If your facility is primarily an aluminum recreational boat 
manufacturing facility, you must demonstrate that it consumes less than 
18.2 megagrams per rolling 12-month period of all combined surface 
coatings, aluminum wipedown solvents, application gun cleaning 
solvents, and carpet and fabric adhesives; and you must demonstrate 
that at least 90 percent of total annual HAP emissions at the facility 
(including emissions from fiberglass boat manufacturing or other source 
categories) originate from the aluminum recreational boat manufacturing 
materials.
    (3) If your facility is a fiberglass boat or an aluminum 
recreational boat manufacturing facility, you must demonstrate that the 
boat manufacturing materials consumed per rolling 12-month period 
contain a total of less than 4.6 megagrams of any single HAP and less 
than 11.4 megagrams of all combined HAP, and you must demonstrate that 
at least 90 percent of total annual HAP emissions at the facility 
(including emissions from other source categories) originate from these 
boat manufacturing materials.
    (c) If you use the material consumption option described in 
paragraph (b) of this section to demonstrate that you are not a major 
source, you must comply with the requirements of paragraphs (c)(1) 
through (3) of this section.
    (1) If your facility has HAP emissions that do not originate from 
boat manufacturing operations or materials described in paragraph (b), 
then you must keep any records necessary to demonstrate that the 90 
percent criterion is met.
    (2) A rolling 12-month period includes the previous 12 months of 
operation. You must maintain records of the total amount of materials 
described in paragraph (b) of this section used each month, and, if 
necessary, the HAP content of each material and the calculation of the 
total HAP consumed each month. Because records are needed for a 12-
month period, you must keep records beginning no later than 12 months 
before the compliance date specified in Sec. 63.5695. Records must be 
kept for 5 years after they are created.
    (3) In determining whether the 90 percent criterion included in 
paragraph (b) of this section is met, you do not need to include 
materials used in routine janitorial, building, or facility grounds 
maintenance; personal uses by employees or other persons; or products 
used for maintaining motor vehicles operated by the facility.


Sec. 63.5689  What parts of my facility are covered by this subpart?

    The affected source (the portion of your boat manufacturing 
facility covered by this subpart) is the combination of all of the boat 
manufacturing operations listed in paragraphs (a) through (f) of this 
section.
    (a) Open molding resin and gel coat operations (including pigmented 
gel coat, clear gel coat, production resin, tooling gel coat, and 
tooling resin).
    (b) Closed molding resin operations.
    (c) Resin and gel coat mixing operations.
    (d) Resin and gel coat application equipment cleaning operations.
    (e) Carpet and fabric adhesive operations.
    (f) Aluminum hull and deck coating operations, including solvent 
wipedown operations and paint spray gun cleaning operations, on 
aluminum recreational boats.


Sec. 63.5692  How do I know if my boat manufacturing facility is a new 
source or an existing source?

    (a) A boat manufacturing facility is a new source if it meets the 
criteria in paragraphs (a)(1) through (3) of this section.
    (1) You commence construction of the affected source after July 14, 
2000.
    (2) It is a major source.
    (3) It is a completely new boat manufacturing affected source where 
no other boat manufacturing affected source existed prior to the 
construction of the new source.
    (b) For the purposes of this subpart, an existing source is any 
source that is not a new source.


Sec. 63.5695  When must I comply with this subpart?

    You must comply with the standards in this subpart by the 
compliance dates specified in Table 1 to this subpart.

Standards for Open Molding Resin and Gel Coat Operations


Sec. 63.5698  What emission limit must I meet for open molding resin 
and gel coat operations?

    (a) You must limit organic HAP emissions from the five open molding 
operations listed in paragraphs (a)(1) through (5) of this section to 
the emission limit specified in paragraph (b) of this section. 
Operations listed in paragraph (d) are exempt from this limit.
    (1) Production resin.

[[Page 44234]]

    (2) Pigmented gel coat.
    (3) Clear gel coat.
    (4) Tooling resin.
    (5) Tooling gel coat.
    (b) You must limit organic HAP emissions from open molding 
operations to the limit specified by equation 1 of this section, based 
on a 12-month rolling average.
[GRAPHIC] [TIFF OMITTED] TR22AU01.011

Where:

HAP Limit= total allowable organic HAP that can be emitted from the 
open molding operations, kilograms.
MR = mass of production resin used in the past 12 months, 
excluding any materials exempt under paragraph (d) of this section, 
megagrams.
MPG = mass of pigmented gel coat used in the past 12 months, 
excluding any materials exempt under paragraph (d) of this section, 
megagrams.
MCG = mass of clear gel coat used in the past 12 months, 
excluding any materials exempt under paragraph (d) of this section, 
megagrams.
MTR = mass of tooling resin used in the past 12 months, 
excluding any materials exempt under paragraph (d) of this section, 
megagrams.
MTG = mass of tooling gel coat used in the past 12 months, 
excluding any materials exempt under paragraph (d) of this section, 
megagrams.

    (c) The open molding emission limit is the same for both new and 
existing sources.
    (d) The materials specified in paragraphs (d)(1) through (3) of 
this section are exempt from the open molding emission limit specified 
in paragraph (b) of this section.
    (1) Production resins (including skin coat resins) that must meet 
specifications for use in military vessels or must be approved by the 
U.S. Coast Guard for use in the construction of lifeboats, rescue 
boats, and other life-saving appliances approved under 46 CFR 
subchapter Q or the construction of small passenger vessels regulated 
by 46 CFR subchapter T. Production resins for which this exemption is 
used must be applied with nonatomizing (non-spray) resin application 
equipment. You must keep a record of the resins for which you are using 
this exemption.
    (2) Pigmented, clear, and tooling gel coat used for part or mold 
repair and touch up. The total gel coat materials included in this 
exemption must not exceed 1 percent by weight of all gel coat used at 
your facility on a 12-month rolling-average basis. You must keep a 
record of the amount of gel coats used per month for which you are 
using this exemption and copies of calculations showing that the exempt 
amount does not exceed 1 percent of all gel coat used.
    (3) Pure, 100 percent vinylester resin used for skin coats. This 
exemption does not apply to blends of vinylester and polyester resins 
used for skin coats. The total resin materials included in the 
exemption cannot exceed 5 percent by weight of all resin used at your 
facility on a 12-month rolling-average basis. You must keep a record of 
the amount of 100 percent vinylester skin coat resin used per month 
that is eligible for this exemption and copies of calculations showing 
that the exempt amount does not exceed 5 percent of all resin used.


Sec. 63.5701  What are my options for complying with the open molding 
emission limit?

    You must use one or more of the options listed in paragraphs (a) 
through (c) of this section to meet the emission limit in Sec. 63.5698 
for the resins and gel coats used in open molding operations at your 
facility.
    (a) Maximum achievable control technology (MACT) model point value 
averaging (emissions averaging) option.
    (1) Demonstrate that emissions from the open molding resin and gel 
coat operations that you average meet the emission limit in 
Sec. 63.5698 using the procedures described in Sec. 63.5710. Compliance 
with this option is based on a 12-month rolling average.
    (2) Those operations and materials not included in the emissions 
average must comply with either paragraph (b) or (c) of this section.
    (b) Compliant materials option. Demonstrate compliance by using 
resins and gel coats that meet the organic HAP content requirements in 
Table 2 to this subpart. Compliance with this option is based on a 12-
month rolling average.
    (c) Add-on control option. Use an enclosure and add-on control 
device, and demonstrate that the resulting emissions meet the emission 
limit in Sec. 63.5698. Compliance with this option is based on control 
device performance testing and control device monitoring.


Sec. 63.5704  What are the general requirements for complying with the 
open molding emission limit?

    (a) Emissions averaging option. For those open molding operations 
and materials complying using the emissions averaging option, you must 
demonstrate compliance by performing the steps in paragraphs (a)(1) 
through (5) of this section.
    (1) Use the methods specified in Sec. 63.5758 to determine the 
organic HAP content of resins and gel coats.
    (2) Complete the calculations described in Sec. 63.5710 to show 
that the organic HAP emissions do not exceed the limit specified in 
Sec. 63.5698.
    (3) Keep records as specified in paragraphs (a)(3)(i) through (iv) 
of this section for each resin and gel coat.
    (i) Hazardous air pollutant content.
    (ii) Amount of material used per month.
    (iii) Application method used for production resin and tooling 
resin. This record is not required if all production resins and tooling 
resins are applied with nonatomized technology.
    (iv) Calculations performed to demonstrate compliance based on MACT 
model point values, as described in Sec. 63.5710.
    (4) Prepare and submit the implementation plan described in 
Sec. 63.5707 to the Administrator and keep it up to date.
    (5) Submit semiannual compliance reports to the Administrator as 
specified in Sec. 63.5764.
    (b) Compliant materials option. For each open molding operation 
complying using the compliant materials option, you must demonstrate 
compliance by performing the steps in paragraphs (b)(1) through (4) of 
this section.
    (1) Use the methods specified in Sec. 63.5758 to determine the 
organic HAP content of resins and gel coats.
    (2) Complete the calculations described in Sec. 63.5713 to show 
that the weighted-average organic HAP content does not exceed the limit 
specified in Table 2 to this subpart.
    (3) Keep records as specified in paragraphs (b)(3)(i) through (iv) 
of this section for each resin and gel coat.
    (i) Hazardous air pollutant content.
    (ii) Application method for production resin and tooling resin. 
This record is not required if all production resins and tooling resins 
are applied with nonatomized technology.
    (iii) Amount of material used per month. This record is not 
required for an operation if all materials used for that operation 
comply with the organic HAP content requirements.

[[Page 44235]]

    (iv) Calculations performed, if required, to demonstrate compliance 
based on weighted-average organic HAP content as described in 
Sec. 63.5713.
    (4) Submit semiannual compliance reports to the Administrator as 
specified in Sec. 63.5764.
    (c) Add-on control option. If you are using an add-on control 
device, you must demonstrate compliance by performing the steps in 
paragraphs (c)(1) through (5) of this section.
    (1) Conduct a performance test of the control device as specified 
in Secs. 63.5719 and 63.5722 to demonstrate initial compliance.
    (2) Use the performance test results to determine control device 
parameters to monitor after the performance test as specified in 
Sec. 63.5725.
    (3) Comply with the operating limits specified in Sec. 63.5715 and 
the control device and emission capture system monitoring requirements 
specified in Sec. 63.5725 to demonstrate continuous compliance.
    (4) Keep the records specified in Sec. 63.5767.
    (5) Submit to the Administrator the notifications and reports 
specified in Secs. 63.5761 and 63.5764.


Sec. 63.5707  What is an implementation plan for open molding 
operations and when do I need to prepare one?

    (a) You must prepare an implementation plan for all open molding 
operations for which you comply by using the emissions averaging option 
described in Sec. 63.5704(a).
    (b) The implementation plan must describe the steps you will take 
to bring the open molding operations covered by this subpart into 
compliance. For each operation included in the emissions average, your 
implementation plan must include the elements listed in paragraphs 
(b)(1) through (3) of this section.
    (1) A description of each operation included in the average.
    (2) The maximum organic HAP content of the materials used, the 
application method used (if any atomized resin application methods are 
used in the average), and any other methods used to control emissions.
    (3) Calculations showing that the operations covered by the plan 
will comply with the open molding emission limit specified in 
Sec. 63.5698.
    (c) You must submit the implementation plan to the Administrator 
with the notification of compliance status specified in Sec. 63.5761.
    (d) You must keep the implementation plan on site and provide it to 
the Administrator when asked.
    (e) If you revise the implementation plan, you must submit the 
revised plan with your next semiannual compliance report specified in 
Sec. 63.5764.


Sec. 63.5710  How do I demonstrate compliance using emissions 
averaging?

    (a) Compliance using the emissions averaging option is demonstrated 
on a 12-month rolling-average basis and is determined at the end of 
every month (12 times per year). The first 12-month rolling-average 
period begins on the compliance date specified in Sec. 63.5695.
    (b) At the end of the twelfth month after your compliance date and 
at the end of every subsequent month, use equation 1 of this section to 
demonstrate that the organic HAP emissions from those operations 
included in the average do not exceed the emission limit in 
Sec. 63.5698 calculated for the same 12-month period. (Include terms in 
equation 1 of Sec. 63.5698 and equation 1 of this section for only 
those operations and materials included in the average.)
[GRAPHIC] [TIFF OMITTED] TR22AU01.012

Where:

HAP emissions= Organic HAP emissions calculated using MACT model point 
values for each operation included in the average, kilograms.
PVR= Weighted-average MACT model point value for production 
resin used in the past 12 months, kilograms per megagram.
MR= Mass of production resin used in the past 12 months, 
megagrams.
PVPG= Weighted-average MACT model point value for pigmented 
gel coat used in the past 12 months, kilograms per megagram.
MPG= Mass of pigmented gel coat used in the past 12 months, 
megagrams.
PVCG= Weighted-average MACT model point value for clear gel 
coat used in the past 12 months, kilograms per megagram.
MCG= Mass of clear gel coat used in the past 12 months, 
megagrams.
PVTR= Weighted-average MACT model point value for tooling 
resin used in the past 12 months, kilograms per megagram.
MTR= Mass of tooling resin used in the past 12 months, 
megagrams.
PVTG= Weighted-average MACT model point value for tooling 
gel coat used in the past 12 months, kilograms per megagram.
MTG= Mass of tooling gel coat used in the past 12 months, 
megagrams.

    (c) At the end of every month, use equation 2 of this section to 
compute the weighted-average MACT model point value for each open 
molding resin and gel coat operation included in the average.
[GRAPHIC] [TIFF OMITTED] TR22AU01.013

Where:

PVOP=weighted-average MACT model point value for each open 
molding operation (PVR, PVPG, PVCG, 
PVPVTR, and PVPVTG) included in the average, 
kilograms of HAP per megagram of material applied.
Mi=mass of resin or gel coat i used within an operation in 
the past 12 months, megagrams.
n=number of different open molding resins and gel coats used within an 
operation in the past 12 months.
PVi=the MACT model point value for resin or gel coat i used 
within an operation in the past 12 months, kilograms of HAP per 
megagram of material applied.

    (d) You must use the equations in Table 3 to this subpart to 
calculate the MACT model point value (PVi) for each resin 
and gel coat used in each operation in the past 12 months.
    (e) If the organic HAP emissions, as calculated in paragraph (b) of 
this section, are less than the organic HAP limit calculated in 
Sec. 63.5698(b) for the same 12-month period, then you are in 
compliance with the emission limit in Sec. 63.5698 for those operations 
and materials included in the average.


Sec. 63.5713  How do I demonstrate compliance using compliant 
materials?

    (a) Compliance using the organic HAP content requirements listed in 
Table 2 to this subpart is based on a 12-month rolling average that is 
calculated at the end of every month. The first 12-month rolling-
average period begins on the compliance date specified in Sec. 63.5695.

[[Page 44236]]

If you are using filled material (production resin or tooling resin), 
you must comply according to the procedure described in Sec. 63.5714.
    (b) At the end of the twelfth month after your compliance date and 
at the end of every subsequent month, review the organic HAP contents 
of the resins and gel coats used in the past 12 months in each 
operation. If all resins and gel coats used in an operation have 
organic HAP contents no greater than the applicable organic HAP content 
limits in Table 2 to this subpart, then you are in compliance with the 
emission limit specified in Sec. 63.5698 for that 12-month period for 
that operation. In addition, you do not need to complete the weighted-
average organic HAP content calculation contained in paragraph (c) of 
this section for that operation.
    (c) At the end of every month, you must use equation 1 of this 
section to calculate the weighted-average organic HAP content for all 
resins and gel coats used in each operation in the past 12 months.
[GRAPHIC] [TIFF OMITTED] TR22AU01.014

Where:

Mi = mass of open molding resin or gel coat i used in the 
past 12 months in an operation, megagrams.
HAPi = Organic HAP content, by weight percent, of open 
molding resin or gel coat i used in the past 12 months in an operation. 
Use the methods in Sec. 63.5758 to determine organic HAP content.
n = number of different open molding resins or gel coats used in the 
past 12 months in an operation.

    (d) If the weighted-average organic HAP content does not exceed the 
applicable organic HAP content limit specified in Table 2 to this 
subpart, then you are in compliance with the emission limit specified 
in Sec. 63.5698.


Sec. 63.5714  How do I demonstrate compliance if I use filled resins?

    (a) If you are using a filled production resin or filled tooling 
resin, you must demonstrate compliance for the filled material on an 
as-applied basis using equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR22AU01.015

Where:

PVF = The as-applied MACT model point value for a filled 
production resin or tooling resin, kilograms organic HAP per megagram 
of filled material.
PVu = The MACT model point value for the neat (unfilled) 
resin, before filler is added, as calculated using the formulas in 
Table 3 to this subpart.
% Filler =The weight-percent of filler in the as-applied filled resin 
system.

    (b) If the filled resin is used as a production resin and the value 
of PVF calculated by equation 1 of this section does not 
exceed 46 kilograms of organic HAP per megagram of filled resin 
applied, then the filled resin is in compliance.
    (c) If the filled resin is used as a tooling resin and the value of 
PVF calculated by equation 1 of this section does not exceed 
54 kilograms of organic HAP per megagram of filled resin applied, then 
the filled resin is in compliance.
    (d) If you are including a filled resin in the emissions averaging 
procedure described in Sec. 63.5710, then use the value of 
PVF calculated using equation 1 of this section for the 
value of PV i in equation 2 of Sec. 63.5710.

Demonstrating Compliance for Open Molding Operations Controlled by 
Add-On Control Devices


Sec. 63.5715  What operating limits must I meet?

    (a) For open molding operations on which you use a thermal oxidizer 
as an add-on control device, you must meet the operating limits 
specified in Table 4 to this subpart that apply to the emission capture 
system and thermal oxidizer. You must establish the operating limits 
during the performance test according to the procedures in 
Sec. 63.5725. You must meet the operating limits at all times after you 
establish them.
    (b) If you use an add-on control device other than a thermal 
oxidizer, 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. 63.5716  When must I conduct a performance test?

    (a) If your source is an existing source, you must complete the 
add-on control device performance test no later than the compliance 
date specified in Sec. 63.5695.
    (b) If your source is a new source, you must complete the add-on 
control device performance test no later than 180 days after the 
compliance date specified in Sec. 63.5695.
    (c) You must conduct a performance test every 5 years as part of 
renewing your 40 CFR part 70 or 71 operating permit.


Sec. 63.5719  How do I conduct a performance test?

    (a) You must capture the emissions using a permanent enclosure 
(such as a spray booth or similar containment device) and direct the 
captured emissions to the add-on control device.
    (b) You must measure emissions as specified in paragraph (b)(1) or 
(2) of this section.
    (1) If the enclosure vented to the control device is a permanent 
total enclosure as defined in Method 204 of appendix M to 40 CFR part 
51, then you may measure emissions only at the outlet of the control 
device.
    (2) If the permanent enclosure vented to the control device is not 
a total enclosure, you must build a temporary total enclosure, as 
defined in Method 204 of appendix M to 40 CFR part 51, around the 
permanent enclosure. You must then simultaneously measure emissions 
from the control device outlet and the emissions from the temporary 
total enclosure outlet. You determine compliance from the combined 
emissions from the control device outlet and the temporary total 
enclosure outlet.
    (c) You must conduct the control device performance test using the 
emission measurement methods specified in paragraphs (c)(1) through (4) 
of this section.
    (1) Use either Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select the sampling sites.
    (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.

[[Page 44237]]

    (3) Use Method 18 of appendix A to 40 CFR part 60 to measure 
organic HAP emissions or use Method 25A of appendix A to 40 CFR part 60 
to measure total gaseous organic emissions as a surrogate for total 
organic HAP emissions. If you use Method 25A, you must assume that all 
gaseous organic emissions measured as carbon are organic HAP emissions. 
If you use Method 18 and the number of organic HAP in the exhaust 
stream exceeds five, you must take into account the use of multiple 
chromatographic columns and analytical techniques to get an accurate 
measure of at least 90 percent of the total organic HAP mass emissions. 
Do not use Method 18 to measure organic HAP emissions from a combustion 
device; use instead Method 25A and assume that all gaseous organic mass 
emissions measured as carbon are organic HAP emissions.
    (4) You may use American Society for Testing and Materials (ASTM) 
D6420-99 (available for purchase from at least one of the following 
addresses: 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or 
University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 
48106.) in lieu of Method 18 of 40 CFR part 60, appendix A, under the 
conditions specified in paragraphs (c)(4)(i) through (iii) of this 
section.
    (i) If the target compound(s) is listed in Section 1.1 of ASTM 
D6420-99 and the target concentration is between 150 parts per billion 
by volume and 100 parts per million by volume.
    (ii) If the target compound(s) is not listed in Section 1.1 of ASTM 
D6420-99, but is potentially detected by mass spectrometry, an 
additional system continuing calibration check after each run, as 
detailed in Section 10.5.3 of ASTM D6420-99, must be followed, met, 
documented, and submitted with the performance test report even if you 
do not use a moisture condenser or the compound is not considered 
soluble.
    (iii) If a minimum of one sample/analysis cycle is completed at 
least every 15 minutes.
    (d) The control device performance test must consist of three runs 
and each run must last at least 1 hour. The production conditions 
during the test runs must represent normal production conditions with 
respect to the types of parts being made and material application 
methods. The production conditions during the test must also represent 
maximum potential emissions with respect to the organic HAP content of 
the materials being applied and the material application rates.
    (e) During the test, you must also monitor and record separately 
the amounts of production resin, tooling resin, pigmented gel coat, 
clear gel coat, and tooling gel coat applied inside the enclosure that 
is vented to the control device.


Sec. 63.5722  How do I use the performance test data to demonstrate 
initial compliance?

    Demonstrate initial compliance with the open molding emission limit 
as described in paragraphs (a) through (c) of this section:
    (a) Calculate the organic HAP limit you must achieve using equation 
1 of Sec. 63.5698. For determining initial compliance, the organic HAP 
limit is based on the amount of material used during the performance 
test, in megagrams, rather than during the past 12 months. Calculate 
the limit using the megagrams of resin and gel coat applied inside the 
enclosure during the three runs of the performance test and equation 1 
of Sec. 63.5698.
    (b) Add the total measured emissions, in kilograms, from all three 
of the 1-hour runs of the performance test.
    (c) If the total emissions from the three 1-hour runs of the 
performance test are less than the organic HAP limit calculated in 
paragraph (a) of this section, then you have demonstrated initial 
compliance with the emission limit in Sec. 63.5698 for those operations 
performed in the enclosure and controlled by the add-on control device.


Sec. 63.5725  What are the requirements for monitoring and 
demonstrating continuous compliance?

    (a) You must establish control device parameters that indicate 
proper operation of the control device.
    (b) You must install, operate, and maintain a continuous parameter 
monitoring system as specified in paragraphs (b)(1) through (8) 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 operation to have 
a valid hour of data.
    (2) You must have valid data from at least 90 percent of the hours 
during which the process operated.
    (3) 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.
    (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 open molding operation is being 
performed, 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) You must record the results of each inspection, calibration, 
and validation check.
    (8) Any period for which the monitoring system is out-of-control, 
as defined in Sec. 63.7(d)(7), or malfunctioning, and data are not 
available for required calculations is a deviation from the monitoring 
requirements. 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.
    (c) Enclosure bypass line. You must meet the requirements of 
paragraphs (c)(1) and (2) of this section for each emission capture 
system enclosure that contains bypass lines that could divert emissions 
away from the add-on 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 (c)(1)(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 takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must 
be recorded, as

[[Page 44238]]

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 monitoring 
of valve position at least once every 15 minutes. 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 open molding operation is stopped when flow is diverted by 
the bypass line away from the add-on control device to the atmosphere 
when the open molding 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 shut down the open molding 
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. 63.5764(d).
    (d) Thermal oxidizers. If you are using a thermal oxidizer or 
incinerator as an add-on control device, you must comply with the 
requirements in paragraphs (d)(1) through (6) of this section.
    (1) You must install a combustion temperature monitoring device in 
the firebox of the thermal oxidizer or incinerator, or in the duct 
immediately downstream of the firebox before any substantial heat 
exchange occurs. You must meet the requirements in paragraphs (b) and 
(d)(1)(i) through (vii) of this section for each temperature monitoring 
device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a minimum tolerance of 2.2 deg. 
C 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 chart recorder is used, it must have a sensitivity in the 
minor division of at least 10 deg. C.
    (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 16.7 deg. C 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.
    (2) Before or during the performance test, you must conduct a 
performance evaluation of the combustion temperature monitoring system 
according to Sec. 63.8(e). Section 63.8(e) specifies the general 
requirements for continuous monitoring systems and requirements for 
notifications, the site-specific performance evaluation plan, conduct 
of the performance evaluation, and reporting of performance evaluation 
results.
    (3) During the performance test required by Sec. 63.5716, you must 
monitor and record the combustion temperature and determine the average 
combustion temperature for the three 1-hour test runs. This average 
temperature is the minimum operating limit for the thermal oxidizer.
    (4) Following the performance test, you must continuously monitor 
the combustion temperature and record the average combustion 
temperature no less frequently than every 15 minutes.
    (5) You must operate the incinerator or thermal oxidizer so that 
the average combustion temperature in any 3-hour period does not fall 
below the average combustion temperature recorded during the 
performance test.
    (6) If the average combustion temperature in any 3-hour period 
falls below the average combustion temperature recorded during the 
performance test, or if you fail to collect the minimum data specified 
in paragraph (d)(4) of this section, it is a deviation for the 
operating limit in Sec. 63.5715.
    (e) Other control devices. If you are using a control device other 
a thermal oxidizer, then you must comply with alternative monitoring 
requirements and operating limits approved by the Administrator under 
Sec. 63.8(f).
    (f) Emission capture system. For each enclosure in the emission 
capture system, you must comply with the requirements in paragraphs 
(f)(1) through (5) of this section.
    (1) You must install a device to measure and record either the flow 
rate or the static pressure in the duct from each enclosure to the add-
on control device.
    (2) You must install a device to measure and record the pressure 
drop across at least one opening in each enclosure.
    (3) Each flow measurement device must meet the requirements in 
paragraphs (b) and (f)(3)(i) through (iv) of this section.
    (i) Locate the flow sensor in a position that provides a 
representative flow measurement in the duct between each enclosure in 
the emission capture system and the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least 
semiannually.
    (iv) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (4) For each pressure measurement device, you must comply with the 
requirements in paragraphs (a) and (f)(4)(i) through (vii) of this 
section.
    (i) Locate each pressure drop sensor in or as close to a position 
that provides a representative measurement of the pressure drop across 
each enclosure opening you are monitoring.
    (ii) Locate each duct static pressure sensor in a position that 
provides a representative measurement of the static pressure in the 
duct between the enclosure and control device.
    (iii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iv) Check the pressure tap for plugging daily.
    (v) Use an inclined manometer with a measurement sensitivity of 
0.0004 millimeters mercury (mmHg) to 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.
    (5) For each capture device that is not part of a permanent total 
enclosure as defined in Method 204 in appendix M to 40 CFR part 51, you 
must establish

[[Page 44239]]

an operating limit for either the gas volumetric flow rate or duct 
static pressure, as specified in paragraphs (f)(5)(i) and (ii) of this 
section. You must also establish an operating limit for pressure drop 
across at least one opening in each enclosure according to paragraphs 
(f)(5)(iii) and (iv) of this section. The operating limits for a 
permanent total enclosure are specified in Table 4 to this subpart.
    (i) During the emission test required by Sec. 63.5716 and described 
in Sec. 63.5719, you must monitor and record either the gas volumetric 
flow rate or the duct static pressure for each separate enclosure 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 enclosure and 
the add-on control device inlet.
    (ii) Following the emission test, calculate and record the average 
gas volumetric flow rate or duct static pressure for the three test 
runs for each enclosure. This average gas volumetric flow rate or duct 
static pressure is the minimum operating limit for that specific 
enclosure.
    (iii) During the emission test required by Sec. 63.5716 and 
described in Sec. 63.5719, you must monitor and record the pressure 
drop across the opening of each enclosure in your emission capture 
system at least once every 15 minutes during each of the three test 
runs.
    (iv) Following the emission test, calculate and record the average 
pressure drop for the three test runs for each enclosure. This average 
pressure drop is the minimum operating limit for that specific 
enclosure.

Standards for Closed Molding Resin Operations


Sec. 63.5728  What standards must I meet for closed molding resin 
operations?

    (a) If a resin application operation meets the definition of closed 
molding specified in Sec. 63.5779, there is no requirement to reduce 
emissions from that operation.
    (b) If the resin application operation does not meet the definition 
of closed molding, then you must comply with the limit for open molding 
resin operations specified in Sec. 63.5698.
    (c) Open molding resin operations that precede a closed molding 
operation must comply with the limit for open molding resin and gel 
coat operations specified in Sec. 63.5698. Examples of these operations 
include gel coat or skin coat layers that are applied before lamination 
is performed by closed molding.

Standards for Resin and Gel Coat Mixing Operations


Sec. 63.5731  What standards must I meet for resin and gel coat mixing 
operations?

    (a) All resin and gel coat mixing containers with a capacity equal 
to or greater than 208 liters, including those used for on-site mixing 
of putties and polyputties, must have a cover with no visible gaps in 
place at all times.
    (b) The work practice standard in paragraph (a) of this section 
does not apply when material is being manually added to or removed from 
a container, or when mixing or pumping equipment is being placed in or 
removed from a container.
    (c) To demonstrate compliance with the work practice standard in 
paragraph (a) of this section, you must visually inspect all mixing 
containers subject to this standard at least once per month. The 
inspection should ensure that all containers have covers with no 
visible gaps between the cover and the container, or between the cover 
and equipment passing through the cover.
    (d) You must keep records of which mixing containers are subject to 
this standard and the results of the inspections, including a 
description of any repairs or corrective actions taken.

Standards for Resin and Gel Coat Application Equipment Cleaning 
Operations


Sec. 63.5734  What standards must I meet for resin and gel coat 
application equipment cleaning operations?

    (a) For routine flushing of resin and gel coat application 
equipment (e.g., spray guns, flowcoaters, brushes, rollers, and 
squeegees), you must use a cleaning solvent that contains no more than 
5 percent organic HAP by weight. For removing cured resin or gel coat 
from application equipment, no organic HAP content limit applies.
    (b) You must store organic HAP-containing solvents used for 
removing cured resin or gel coat in containers with covers. The covers 
must have no visible gaps and must be in place at all times, except 
when equipment to be cleaned is placed in or removed from the 
container. On containers with a capacity greater than 7.6 liters, the 
distance from the top of the container to the solvent surface must be 
no less than 0.75 times the diameter of the container. Containers that 
store organic HAP-containing solvents used for removing cured resin or 
gel coat are exempt from the requirements of 40 CFR part 63, subpart T. 
Cured resin or gel coat means resin or gel coat that has changed from a 
liquid to a solid.


Sec. 63.5737  How do I demonstrate compliance with the resin and gel 
coat application equipment cleaning standards?

    (a) Determine and record the organic HAP content of the cleaning 
solvents subject to the standards specified in Sec. 63.5734 using the 
methods specified in Sec. 63.5758.
    (b) If you recycle cleaning solvents on site, you may use 
documentation from the solvent manufacturer or supplier or a 
measurement of the organic HAP content of the cleaning solvent as 
originally obtained from the solvent supplier for demonstrating 
compliance, subject to the conditions in Sec. 63.5758 for demonstrating 
compliance with organic HAP content limits.
    (c) At least once per month, you must visually inspect any 
containers holding organic HAP-containing solvents used for removing 
cured resin and gel coat to ensure that the containers have covers with 
no visible gaps. Keep records of the monthly inspections and any 
repairs made to the covers.

Standards for Carpet and Fabric Adhesive Operations


Sec. 63.5740  What emission limit must I meet for carpet and fabric 
adhesive operations?

    (a) You must use carpet and fabric adhesives that contain no more 
than 5 percent organic HAP by weight.
    (b) To demonstrate compliance with the emission limit in paragraph 
(a) of this section, you must determine and record the organic HAP 
content of the carpet and fabric adhesives using the methods in 
Sec. 63.5758.

Standards for Aluminum Recreational Boat Surface Coating Operations


Sec. 63.5743  What standards must I meet for aluminum recreational boat 
surface coating operations?

    (a) For aluminum wipedown solvent operations and aluminum surface 
coating operations, you must comply with either the separate emission 
limits in paragraphs (a)(1) and (2) of this section, or the combined 
emission limit in paragraph (a)(3) of this section. Compliance with 
these limitations is based on a 12-month rolling average that is 
calculated at the end of every month.
    (1) You must limit emissions from aluminum wipedown solvents to no 
more than 0.33 kilograms of organic HAP per liter of total coating 
solids applied from aluminum primers, clear coats, and top coats 
combined. No limit applies when cleaning surfaces are receiving decals 
or adhesive graphics.
    (2) You must limit emissions from aluminum recreational boat 
surface coatings (including thinners, activators, primers, topcoats, 
and clear coats) to no

[[Page 44240]]

more than 1.22 kilograms of organic HAP per liter of total coating 
solids applied from aluminum primers, clear coats, and top coats 
combined.
    (3) You must limit emissions from the combined aluminum surface 
coatings and aluminum wipedown solvents to no more than 1.55 kilograms 
of organic HAP per liter of total coating solids applied from aluminum 
primers, clear coats, and top coats combined.
    (b) You must comply with the work practice standard in paragraph 
(b)(1), (2), (3), or (4) of this section when cleaning aluminum coating 
spray guns with solvents containing more than 5 percent organic HAP by 
weight.
    (1) Clean spray guns in an enclosed device. Keep the device closed 
except when you place spray guns in or remove them from the device.
    (2) Disassemble the spray gun and manually clean the components in 
a vat. Keep the vat closed when you are not using it.
    (3) Clean spray guns by placing solvent in the pressure pot and 
forcing the solvent through the gun. Do not use atomizing air during 
this procedure. Direct the used cleaning solvent from the spray gun 
into a container that you keep closed when you are not using it.
    (4) An alternative gun cleaning process or technology approved by 
the Administrator according to the procedures in Sec. 63.6(g).


Sec. 63.5746  How do I demonstrate compliance with the emission limits 
for aluminum wipedown solvents and aluminum coatings?

    To demonstrate compliance with the emission limits for aluminum 
wipedown solvents and aluminum coatings specified in Sec. 63.5743(a), 
you must meet the requirements of paragraphs (a) through (f) of this 
section.
    (a) Determine and record the organic HAP content (kilograms of 
organic HAP per kilogram of material, or weight fraction) of each 
aluminum wipedown solvent and aluminum coating (including primers, 
topcoats, clear coats, thinners, and activators). Use the methods in 
Sec. 63.5758 to determine organic HAP content.
    (b) Use the methods in Sec. 63.5758(b) to determine the solids 
content (liters of solids per liter of coating, or volume fraction) of 
each aluminum surface coating, including primers, topcoats, and clear 
coats. Keep records of the solids content.
    (c) Use the methods in Sec. 63.5758(c) to determine the density of 
each aluminum surface coating and wipedown solvent.
    (d) Compliance is based on a 12-month rolling average calculated at 
the end of every month. The first 12-month rolling-average period 
begins on the compliance date specified in Sec. 63.5695.
    (e) At the end of the twelfth month after your compliance date and 
at the end of every subsequent month, use the procedures in 
Sec. 63.5749 to calculate the organic HAP from aluminum wipedown 
solvents per liter of coating solids, and use the procedures in 
Sec. 63.5752 to calculate the kilograms of organic HAP from aluminum 
coatings per liter of coating solids.
    (f) Keep records of the calculations used to determine compliance.
    (g) Approval of alternative means of demonstrating compliance. You 
may apply to the Administrator for permission to use an alternative 
means (such as an add-on control system) of limiting emissions from 
aluminum wipedown solvent and coating operations and demonstrating 
compliance with the emission limits in Sec. 63.5743(a).
    (1) The application must include the information listed in 
paragraphs (g)(1)(i) through (iii) of this section.
    (i) An engineering evaluation that compares the emissions using the 
alternative means to the emissions that would result from using the 
strategy specified in paragraphs (a) through (e) of this section. The 
engineering evaluation may include the results from an emission test 
that accurately measures the capture efficiency and control device 
efficiency achieved by the control system and the composition of the 
associated coatings so that the emissions comparison can be made.
    (ii) A proposed monitoring protocol that includes operating 
parameter values to be monitored for compliance and an explanation of 
how the operating parameter values will be established through a 
performance test.
    (iii) Details of appropriate recordkeeping and reporting 
procedures.
    (2) The Administrator will approve the alternative means of 
limiting emissions if the Administrator determines that HAP emissions 
will be no greater than if the source uses the procedures described in 
paragraphs (a) through (e) of this section to demonstrate compliance.
    (3) The Administrator's approval may specify operation, 
maintenance, and monitoring requirements to ensure that emissions from 
the regulated operations are no greater than those that would otherwise 
result from regulated operations in compliance with this subpart.


Sec. 63.5749  How do I calculate the organic HAP content of aluminum 
wipedown solvents?

    (a) Use equation 1 of this section to calculate the weighted-
average organic HAP content of aluminum wipedown solvents used in the 
past 12 months.
[GRAPHIC] [TIFF OMITTED] TR22AU01.016

Where:

    HAPWD= weighted-average organic HAP content of aluminum 
wipedown solvents, kilograms of HAP per liter of total coating solids 
from aluminum primers, top coats, and clear coats.
    n = number of different wipedown solvents used in the past 12 
months.
    Volj= volume of aluminum wipedown solvent j used in the 
past 12 months, liters.
    Dj= density of aluminum wipedown solvent j, kilograms 
per liter.
    Wj= mass fraction of organic HAP in aluminum wipedown 
solvent j.
    m = number of different aluminum surface coatings (primers, top 
coats, and clear coats) used in the past 12 months.
    Voli = volume of aluminum primer, top coat, or clear 
coat i used in the past 12 months, liters.
    Solidsi= solids content aluminum primer, top coat, or 
clear coat i, liter solids per liter of coating.

    (b) Compliance is based on a 12-month rolling average. If the 
weighted-average organic HAP content does not exceed 0.33 kilograms of 
organic HAP per liter of total coating solids, then you are in 
compliance with the emission limit specified in Sec. 63.5743(a)(1).


Sec. 63.5752  How do I calculate the organic HAP content of aluminum 
recreational boat surface coatings?

    (a) Use equation 1 of this section to calculate the weighted-
average HAP content for all aluminum surface coatings used in the past 
12 months.

[[Page 44241]]

[GRAPHIC] [TIFF OMITTED] TR22AU01.017

Where:

HAPSC = weighted-average organic HAP content for all 
aluminum coating materials, kilograms of organic HAP per liter of 
coating solids.
m = number of different aluminum primers, top coats, and clear coats 
used in the past 12 months.
Voli = volume of aluminum primer, top coat, or clear coat i 
used in the past 12 months, liters.
Di= density of coating i, kilograms per liter.
Wi= mass fraction of organic HAP in coating i, kilograms of 
organic HAP per kilogram of coating.
p = number of different thinners, activators, and other coating 
additives used in the past 12 months.
Volk= total volume of thinner, activator, or additive k used 
in the past 12 months, liters.
Dk= density of thinner, activator, or additive k, kilograms 
per liter.
Wk= mass fraction of organic HAP in thinner, activator, or 
additive k, kilograms of organic HAP per kilogram of thinner or 
activator.
Solidsi= solids content of aluminum primer, top coat, or 
clear coat i, liter solids per liter of coating.

    (b) Compliance is based on a 12-month rolling average. If the 
weighted-average organic HAP content does not exceed 1.22 kilograms of 
organic HAP per liter of coating solids, then you are in compliance 
with the emission limit specified in Sec. 63.5743(a)(2).


Sec. 63.5753  How do I calculate the combined organic HAP content of 
aluminum wipedown solvents and aluminum recreational boat surface 
coatings?

    (a) Use equation 1 of this section to calculate the combined 
weighted-average organic HAP content of aluminum wipedown solvents and 
aluminum recreational boat surface coatings.
[GRAPHIC] [TIFF OMITTED] TR22AU01.018


Where:

HAPWD = the weighted-average organic HAP content of aluminum 
wipedown solvents used in the past 12 months, calculated using equation 
1 of Sec. 63.5749.
HAPSC = the weighted average organic HAP content of aluminum 
recreational boat surface coatings used in the past 12 months, 
calculated using equation 1 of Sec. 63.5752.

    (b) Compliance is based on a 12-month rolling average. If the 
combined organic HAP content does not exceed 1.55 kilograms of organic 
HAP per liter of total coating solids, then you are in compliance with 
the emission limit specified in Sec. 63.5743(a)(3).


Sec. 63.5755  How do I demonstrate compliance with the aluminum 
recreational boat surface coating spray gun cleaning work practice 
standards?

    You must demonstrate compliance with the aluminum coating spray gun 
cleaning work practice standards by meeting the requirements of 
paragraph (a) or (b) of this section.
    (a) Demonstrate that solvents used to clean the aluminum coating 
spray guns contain no more than 5 percent organic HAP by weight by 
determining organic HAP content with the methods in Sec. 63.5758. Keep 
records of the organic HAP content determination.
    (b) For solvents containing more than 5 percent organic HAP by 
weight, comply with the requirements in paragraph (b)(1) or (b)(2), and 
paragraph (b)(3) of this section.
    (1) If you are using an enclosed spray gun cleaner, visually 
inspect it at least once per month to ensure that covers are in place 
and the covers have no visible gaps when the cleaner is not in use, and 
that there are no leaks from hoses or fittings.
    (2) If you are manually cleaning the gun or spraying solvent into a 
container that can be closed, visually inspect all solvent containers 
at least once per month to ensure that the containers have covers and 
the covers fit with no visible gaps.
    (3) Keep records of the monthly inspections and any repairs that 
are made to the enclosed gun cleaners or the covers.

Methods for Determining Hazardous Air Pollutant Content


Sec. 63.5758  How do I determine the organic HAP content of materials?

    (a) Determine the organic HAP content for each material used. To 
determine the organic HAP content for each material used in your open 
molding resin and gel coat operations, carpet and fabric adhesive 
operations, or aluminum recreational boat surface coating operations, 
you must use one of the options in paragraphs (a)(1) through (6) 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 determining organic HAP content by Method 311.
    (i) Include in the organic HAP total 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 do not need 
to include it in the organic HAP total. Express the mass fraction of 
each organic HAP you measure as a value truncated to four places after 
the decimal point (for example, 0.1234).
    (ii) Calculate the total organic HAP content in the test material 
by adding up the individual organic HAP contents and truncating the 
result to three places after the decimal point (for example, 0.123).
    (2) Method 24 (appendix A to 40 CFR part 60). You may use Method 24 
to determine the mass fraction of non-aqueous volatile matter of 
aluminum coatings and use that value as a substitute for mass fraction 
of organic HAP.
    (3) ASTM D1259-85 (Standard Test Method for Nonvolatile Content of 
Resins). You may use ASTM D1259-85 (available for purchase from ASTM) 
to measure the mass fraction of volatile

[[Page 44242]]

matter of resins and gel coats for open molding operations and use that 
value as a substitute for mass fraction of organic HAP.
    (4) Alternative method. You may use an alternative test method for 
determining mass fraction of organic HAP if you obtain prior approval 
by the Administrator. You must follow the procedure in Sec. 63.7(f) to 
submit an alternative test method for approval.
    (5) 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 (4) of this section, 
such as manufacturer's formulation data, according to paragraphs 
(a)(5)(i) through (iii) of this section.
    (i) Include in the organic HAP total 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 do not have to include it 
in the organic HAP total.
    (ii) If the organic HAP content is provided by the material 
supplier or manufacturer as a range, then you must use the upper limit 
of the range for determining compliance. If a separate measurement of 
the total organic HAP content using the methods specified in paragraphs 
(a)(1) through (4) of this section exceeds the upper limit of the range 
of the total organic HAP content provided by the material supplier or 
manufacturer, then you must use the measured organic HAP content to 
determine compliance.
    (iii) If the organic HAP content is provided as a single value, you 
may assume the value is a manufacturing target value and actual organic 
HAP content may vary from the target value. If a separate measurement 
of the total organic HAP content using the methods specified in 
paragraphs (a)(1) through (4) of this section is less than 2 percentage 
points higher than the value for total organic HAP content provided by 
the material supplier or manufacturer, then you may use the provided 
value to demonstrate compliance. If the measured total organic HAP 
content exceeds the provided value by 2 percentage points or more, then 
you must use the measured organic HAP content to determine compliance.
    (6) Solvent blends. Solvent blends may be listed as single 
components for some regulated materials in certifications provided by 
manufacturers or suppliers. Solvent blends may contain organic HAP 
which must be counted toward the total organic HAP content of the 
materials. When detailed organic HAP content data for solvent blends 
are not available, you may use the values for organic HAP content that 
are listed in Table 5 or 6 to this subpart. You may use Table 6 to this 
subpart only if the solvent blends in the materials you use do not 
match any of the solvent blends in Table 5 to this subpart and you know 
only whether the blend is either aliphatic or aromatic. However, if 
test results indicate higher values than those listed in Table 5 or 6 
to this subpart, then the test results must be used for determining 
compliance.
    (b) Determine the volume fraction solids in aluminum recreational 
boat surface coatings. To determine the volume fraction of coating 
solids (liters of coating solids per liter of coating) for each 
aluminum recreational boat surface coating, you must use one of the 
methods specified in paragraphs (b)(1) through (3) of this section. If 
the results obtained with paragraphs (b)(2) or (3) of this section do 
not to agree with those obtained according to paragraph (b)(1) of this 
section, you must use the results obtained with paragraph (b)(1) of 
this section to determine compliance.
    (1) ASTM Method D2697-86(1998) or D6093-97. You may use ASTM Method 
D2697-86(1998) or D6093-97 (available for purchase from ASTM) to 
determine the volume fraction of coating solids for each coating. 
Divide 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. You may 
determine it using equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR22AU01.019

Where:

Solids=volume fraction of coating solids, liters coating solids per 
liter coating.
\m\volatiles=Total volatile matter content of the coating, including 
organic HAP, volatile organic compounds, 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 D1475-90 (available for purchase from ASTM), 
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 D1475-90 test 
results and other information sources, the test results will take 
precedence.

    (c) Determine the density of each aluminum recreational boat 
wipedown solvent and surface coating. Determine the density of all 
aluminum recreational boat wipedown solvents, surface coatings, 
thinners, and other additives from test results using ASTM Method 
D1475-90, 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 
D1475-90 test results and other information sources, you must use the 
test results to demonstrate compliance.

Notifications, Reports, and Records


Sec. 63.5761  What notifications must I submit and when?

    (a) You must submit all of the notifications in Table 7 to this 
subpart that apply to you by the dates in the table. The notifications 
are described more fully in 40 CFR part 63, subpart A, General 
Provisions, referenced in Table 8 to this subpart.
    (b) If you change any information submitted in any notification, 
you must submit the changes in writing to the Administrator within 15 
calendar days after the change.


Sec. 63.5764  What reports must I submit and when?

    (a) You must submit the applicable reports specified in paragraphs 
(b) through (e) of this section. To the extent possible, you must 
organize each report according to the operations covered by this 
subpart and the compliance procedure followed for that operation.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec. 63.10(a), you must submit each report 
by the dates in paragraphs (b)(1) through (5) of this section.
    (1) If your source is not controlled by an add-on control device 
(i.e., you are complying with organic HAP content limits, application 
equipment requirements, or MACT model point value averaging 
provisions), the first compliance report must cover the period 
beginning 12 months after the compliance date specified for your source 
in Sec. 63.5695 and ending on June

[[Page 44243]]

30 or December 31, whichever date is the first date following the end 
of the first 12-month period after the compliance date that is 
specified for your source in Sec. 63.5695. If your source is controlled 
by an add-on control device, the first compliance report must cover the 
period beginning on the compliance date specified for your source in 
Sec. 63.5695 and ending on June 30 or December 31, whichever date is 
the first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec. 63.5695.
    (2) The first compliance report must be postmarked or delivered no 
later than 60 calendar days after the end of the compliance reporting 
period specified in paragraph (b)(1) of this section.
    (3) Each subsequent compliance report must cover the applicable 
semiannual reporting period from January 1 through June 30 or from July 
1 through December 31.
    (4) Each subsequent compliance report must be postmarked or 
delivered no later than 60 calendar days after the end of the 
semiannual reporting period.
    (5) 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 dates in paragraphs (b)(1) through (4) of this section.
    (c) The compliance report must include the information specified in 
paragraphs (c)(1) through (7) of this section.
    (1) Company name and address.
    (2) A statement by a responsible official with that official's 
name, title, and signature, certifying the truth, accuracy, and 
completeness of the report.
    (3) The date of the report and the beginning and ending dates of 
the reporting period.
    (4) A description of any changes in the manufacturing process since 
the last compliance report.
    (5) A statement or table showing, for each regulated operation, the 
applicable organic HAP content limit, application equipment 
requirement, or MACT model point value averaging provision with which 
you are complying. The statement or table must also show the actual 
weighted-average organic HAP content or weighted-average MACT model 
point value (if applicable) for each operation during each of the 
rolling 12-month averaging periods that end during the reporting 
period.
    (6) If you were in compliance with the emission limits and work 
practice standards during the reporting period, you must include a 
statement to that effect.
    (7) If you deviated from an emission limit or work practice 
standard during the reporting period, you must also include the 
information listed in paragraphs (c)(7)(i) through (iv) of this section 
in the semiannual compliance report.
    (i) A description of the operation involved in the deviation.
    (ii) The quantity, organic HAP content, and application method (if 
relevant) of the materials involved in the deviation.
    (iii) A description of any corrective action you took to minimize 
the deviation and actions you have taken to prevent it from happening 
again.
    (iv) A statement of whether or not your facility was in compliance 
for the 12-month averaging period that ended at the end of the 
reporting period.
    (d) If your facility has an add-on control device, you must submit 
semiannual compliance reports and quarterly excess emission reports as 
specified in Sec. 63.10(e). The contents of the reports are specified 
in Sec. 63.10(e).
    (e) If your facility has an add-on control device, you must 
complete a startup, shutdown, and malfunction plan as specified in 
Sec. 63.6(e), and you must submit the startup, shutdown, and 
malfunction reports specified in Sec. 63.10(e)(5).


Sec. 63.5767  What records must I keep?

    You must keep the records specified in paragraphs (a) through (d) 
of this section in addition to records specified in individual sections 
of this subpart.
    (a) You must keep a copy of each notification and report that you 
submitted to comply with this subpart.
    (b) You must keep all documentation supporting any notification or 
report that you submitted.
    (c) If your facility is not controlled by an add-on control device 
(i.e., you are complying with organic HAP content limits, application 
equipment requirements, or MACT model point value averaging 
provisions), you must keep the records specified in paragraphs (c)(1) 
through (3) of this section.
    (1) The total amounts of open molding production resin, pigmented 
gel coat, clear gel coat, tooling resin, and tooling gel coat used per 
month and the weighted-average organic HAP contents for each operation, 
expressed as weight-percent. For open molding production resin and 
tooling resin, you must also record the amounts of each applied by 
atomized and nonatomized methods.
    (2) The total amount of each aluminum coating used per month 
(including primers, top coats, clear coats, thinners, and activators) 
and the weighted-average organic HAP content as determined in 
Sec. 63.5752.
    (3) The total amount of each aluminum wipedown solvent used per 
month and the weighted-average organic HAP content as determined in 
Sec. 63.5749.
    (d) If your facility has an add-on control device, you must keep 
the records specified in Sec. 63.10(b) relative to control device 
startup, shut down, and malfunction events; control device performance 
tests; and continuous monitoring system performance evaluations.


Sec. 63.5770  In what form and for how long must I keep my records?

    (a) Your records must be readily available and in a form so they 
can be easily inspected and reviewed.
    (b) You must keep each record for 5 years following the date that 
each record is generated.
    (c) You must keep each record on site for at least 2 years after 
the date that each record is generated. You can keep the records 
offsite for the remaining 3 years.
    (d) You can keep the records on paper or an alternative media, such 
as microfilm, computer, computer disks, magnetic tapes, or on 
microfiche.

Other Information You Need To Know


Sec. 63.5773  What parts of the General Provisions apply to me?

    You must comply with the requirements of the General Provisions in 
40 CFR part 63, subpart A, as specified in Table 8 to this subpart.


Sec. 63.5776  Who implements and enforces this subpart?

    (a) If the Administrator has delegated authority to your State or 
local agency, the State or local agency has the authority to implement 
and enforce this subpart.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State or local agency under 40 CFR part 63, subpart E, the 
authorities that are retained by the Administrator of the U.S. EPA and 
are not transferred to the State or local agency are listed in 
paragraphs (b)(1) through (4) of this section.
    (1) Under Sec. 63.6(g), the authority to approve alternatives to 
the standards listed in paragraphs (b)(1)(i) through (vii) of this 
section is not delegated.
    (i) Sec. 63.5698--Emission limit for open molding resin and gel 
coat operations.

[[Page 44244]]

    (ii) Sec. 63.5728--Standards for closed molding resin operations.
    (iii) Sec. 63.5731(a)--Standards for resin and gel coat mixing 
operations.
    (iv) Sec. 63.5734--Standards for resin and gel coat application 
equipment cleaning operations.
    (v) Sec. 63.5740(a)--Emission limit for carpet and fabric adhesive 
operations.
    (vi) Sec. 63.5743--Standards for aluminum recreational boat surface 
coating operations.
    (vii) Sec. 63.5746(g)--Approval of alternative means of 
demonstrating compliance with the emission limits for aluminum 
recreational boat surface coating operations.
    (2) Under Sec. 63.7(e)(2)(ii) and (f), the authority to approve 
alternatives to the test methods listed in paragraphs (b)(2)(i) through 
(iv) of this section is not delegated.
    (i) Sec. 63.5719(b)--Method for determining whether an enclosure is 
a total enclosure.
    (ii) Sec. 63.5719(c)--Methods for measuring emissions from a 
control device.
    (iii) Sec. 63.5725(d)(1)--Performance specifications for thermal 
oxidizer combustion temperature monitors.
    (iv) Sec. 63.5758--Method for determining hazardous air pollutant 
content of regulated materials.
    (3) Under Sec. 63.8(f), the authority to approve major alternatives 
to the monitoring requirements listed in Sec. 63.5725 is not delegated. 
A ``major alternative'' is defined in Sec. 63.90.
    (4) Under Sec. 63.10(f), the authority to approve major 
alternatives to the reporting and recordkeeping requirements listed in 
Secs. 63.5764, 63.5767, and 63.5770 is not delegated. A ``major 
alternative'' is defined in Sec. 63.90.

Definitions


Sec. 63.5779  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 
Sec. 63.2, and in this section as follows:
    Add-on control means an air pollution control device, such as a 
thermal oxidizer, that reduces pollution in an air stream by 
destruction or removal before discharge to the atmosphere.
    Administrator means the Administrator of the United States 
Environmental Protection Agency (U.S. EPA) or an authorized 
representative (for example, a State delegated the authority to carry 
out the provisions of this subpart).
    Aluminum recreational boat means any marine or freshwater 
recreational boat that has a hull or deck constructed primarily of 
aluminum. A recreational boat is a vessel which by design and 
construction is intended by the manufacturer to be operated primarily 
for pleasure, or to be leased, rented or chartered to another for the 
latter's pleasure (rather than for commercial or military purposes); 
and whose major structural components are fabricated and assembled in 
an indoor, production-line manufacturing plant or similar land-side 
operation and not in a dry dock, graving dock, or marine railway on the 
navigable waters of the United States.
    Aluminum recreational boat surface coating operation means the 
application of primers or top coats to aluminum recreational boats. It 
also includes the application of clear coats over top coats. Aluminum 
recreational boat surface coating operations do not include the 
application of wood coatings or antifoulant coatings to aluminum 
recreational boats.
    Aluminum coating spray gun cleaning means the process of flushing 
or removing paints or coatings from the interior or exterior of a spray 
gun used to apply aluminum primers, clear coats, or top coats to 
aluminum recreational boats.
    Aluminum wipedown solvents means solvents used to remove oil, 
grease, welding smoke, or other contaminants from the aluminum surfaces 
of a boat before priming or painting. Aluminum wipedown solvents 
contain no coating solids; aluminum surface preparation materials that 
contain coating solids are considered coatings for the purpose of this 
subpart and are not wipedown solvents.
    Antifoulant coating means any coating that is applied to the 
underwater portion of a boat specifically to prevent or reduce the 
attachment of biological organisms and that is registered with EPA as a 
pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. section 136, et seq.). For the purpose of this subpart, 
primers used with antifoulant coatings to prepare the surface to accept 
the antifoulant coating are considered antifoulant coatings.
    Assembly adhesive means any chemical material used in the joining 
of one fiberglass, metal, foam, or wood parts to another to form a 
temporary or permanently bonded assembly. Assembly adhesives include, 
but are not limited to, methacrylate adhesives and putties made from 
polyester or vinylester resin mixed with inert fillers or fibers.
    Atomized resin application means a resin application technology in 
which the resin leaves the application equipment and breaks into 
droplets or an aerosol as it travels from the application equipment to 
the surface of the part. Atomized resin application includes, but is 
not limited to, resin spray guns and resin chopper spray guns.
    Boat means any type of vessel, other than a seaplane, that can be 
used for transportation on the water.
    Boat manufacturing facility means a facility that manufactures the 
hulls or decks of boats from fiberglass or aluminum or assembles boats 
from premanufactured hulls and decks, or builds molds to make 
fiberglass hulls or decks. A facility that manufactures only parts of 
boats (such as hatches, seats, or lockers) or boat trailers, but no 
boat hulls or decks or molds for fiberglass boat hulls or decks, is not 
considered a boat manufacturing facility for the purpose of this 
subpart.
    Carpet and fabric adhesive means any chemical material that 
permanently attaches carpet, fabric, or upholstery to any surface of a 
boat.
    Clear gel coat means gel coats that are clear or translucent so 
that underlying colors are visible. Clear gel coats are used to 
manufacture parts for sale. Clear gel coats do not include tooling gel 
coats used to build or repair molds.
    Closed molding means any molding process in which pressure is used 
to distribute the resin through the reinforcing fabric placed between 
two mold surfaces to either saturate the fabric or fill the mold 
cavity. The pressure may be clamping pressure, fluid pressure, 
atmospheric pressure, or vacuum pressure used either alone or in 
combination. The mold surfaces may be rigid or flexible. Closed molding 
includes, but is not limited to, compression molding with sheet molding 
compound, infusion molding, resin injection molding (RIM), vacuum-
assisted resin transfer molding (VARTM), resin transfer molding (RTM), 
and vacuum-assisted compression molding. Processes in which a closed 
mold is used only to compact saturated fabric or remove air or excess 
resin from the fabric (such as in vacuum bagging), are not considered 
closed molding. Open molding steps, such as application of a gel coat 
or skin coat layer by conventional open molding prior to a closed 
molding process, are not closed molding.
    Cured resin and gel coat means resin or gel coat that has been 
polymerized and changed from a liquid to a solid.
    Deviation means any instance in which an affected source subject to 
this subpart or an owner or operator of such a source:

[[Page 44245]]

    (1) Fails to meet any requirement or obligation established by this 
subpart, including, but not limited to, any emission limit, operating 
limit, or work practice requirement;
    (2) Fails to meet any term or condition which is adopted to 
implement an applicable requirement in this subpart and which is 
included in the operating permit for any affected source required to 
obtain such permit; or
    (3) Fails to meet any emission limit, operating limit, or work 
practice requirement in this subpart during any startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart.
    Enclosure means a structure, such as a spray booth, that surrounds 
a source of emissions and captures and directs the emissions to an add-
on control device.
    Fiberglass boat means a vessel in which either the hull or deck is 
built from a composite material consisting of a thermosetting resin 
matrix reinforced with fibers of glass, carbon, aramid, or other 
material.
    Fiberglass hull and deck coatings means coatings applied to the 
exterior or interior surface of fiberglass boat hulls and decks on the 
completed boat. Polyester and vinylester resins and gel coats used in 
building fiberglass parts are not fiberglass hull and deck coatings for 
the purpose of this subpart.
    Filled resin means a resin to which an inert material has been 
added to change viscosity, density, shrinkage, or other physical 
properties.
    Gel coat means a thermosetting resin surface coating containing 
styrene (Chemical Abstract Service or CAS No. 100-42-5) or methyl 
methacrylate (CAS No. 80-62-6), either pigmented or clear, that 
provides a cosmetic enhancement or improves resistance to degradation 
from exposure to the elements. Gel coat layers do not contain any 
reinforcing fibers and gel coats are applied directly to mold surfaces 
or to a finished laminate.
    Hazardous air pollutant or HAP means any air pollutant listed in, 
or pursuant to section 112(b) of the Clean Air Act.
    Hazardous air pollutant content or HAP content means the amount of 
HAP contained in a regulated material at the time it is applied to the 
part being manufactured. If no HAP is added to a material as a thinner 
or diluent, then the HAP content is the same as the HAP content of the 
material as purchased from the supplier. For resin and gel coat, HAP 
content does not include any HAP contained in the catalyst added to the 
resin or gel coat during application to initiate curing.
    Hazardous air pollutant data sheet (HDS) means documentation 
furnished by a material supplier or an outside laboratory to provide 
the organic HAP content of the material by weight, measured using an 
EPA Method, manufacturer's formulation data, or an equivalent method. 
For aluminum coatings, the HDS also documents the solids content by 
volume, determined from the manufacturer's formulation data. The 
purpose of the HDS is to help the affected source in showing compliance 
with the organic HAP content limits contained in this subpart. The HDS 
must state the maximum total organic HAP concentration, by weight, of 
the material. It must include any organic HAP concentrations equal to 
or greater than 0.1 percent by weight for individual organic HAP that 
are carcinogens, as defined by the Occupational Safety and Health 
Administration Hazard Communication Standard (29 CFR part 1910), and 
1.0 percent by weight for all other individual organic HAP, as 
formulated. The HDS must also include test conditions if EPA Method 311 
is used for determining organic HAP content.
    Maximum achievable control technology (MACT) model point value 
means a number calculated for open molding operations that is a 
surrogate for emissions and is used to determine if your open molding 
operations are in compliance with the provisions of this subpart. The 
units for MACT model point values are kilograms of organic HAP per 
megagram of resin or gel coat applied.
    Manufacturer's certification means documentation furnished by a 
material supplier that shows the organic HAP content of a material and 
includes a HDS.
    Mold means the cavity or surface into or on which gel coat, resin, 
and fibers are placed and from which finished fiberglass parts take 
their form.
    Mold sealing and release agents means materials applied to a mold 
to seal, polish, and lubricate the mold to prevent parts from sticking 
to the mold. Mold sealers, waxes, and glazing and buffing compounds are 
considered mold sealing and release agents for the purposes of this 
subpart.
    Mold stripping and cleaning solvents means materials used to remove 
mold sealing and release agents from a mold before the mold surface is 
repaired, polished, or lubricated during normal mold maintenance.
    Month means a calendar month.
    Neat resin means a resin to which no filler has been added.
    Nonatomized resin application means any application technology in 
which the resin is not broken into droplets or an aerosol as it travels 
from the application equipment to the surface of the part. Nonatomized 
resin application technology includes, but is not limited to, 
flowcoaters, chopper flowcoaters, pressure fed resin rollers, resin 
impregnators, and hand application (for example, paint brush or paint 
roller).
    Open molding resin and gel coat operation means any process in 
which the reinforcing fibers and resin are placed in the mold and are 
open to the surrounding air while the reinforcing fibers are saturated 
with resin. For the purposes of this subpart, open molding includes 
operations in which a vacuum bag or similar cover is used to compress 
an uncured laminate to remove air bubbles or excess resin, or to 
achieve a bond between a core material and a laminate.
    Pigmented gel coat means opaque gel coats used to manufacture parts 
for sale. Pigmented gel coats do not include tooling gel coats used to 
build or repair molds.
    Production resin means any resin used to manufacture parts for 
sale. Production resins do not include tooling resins used to build or 
repair molds, or assembly adhesives as defined in this section.
    Recycled resin and gel coat application equipment cleaning solvent 
means cleaning solvents recycled on-site or returned to the supplier or 
another party to remove resin or gel coat residues so that the solvent 
can be reused.
    Research and development activities means:
    (1) Activities conducted at a laboratory to analyze air, soil, 
water, waste, or product samples for contaminants, environmental 
impact, or quality control;
    (2) Activities conducted to test more efficient production 
processes or methods for preventing or reducing adverse environmental 
impacts, provided that the activities do not include the production of 
an intermediate or final product for sale or exchange for commercial 
profit, except in a de minimis manner; and
    (3) Activities conducted at a research or laboratory facility that 
is operated under the close supervision of technically trained 
personnel, the primary purpose of which is to conduct research and 
development into new processes and products and that is not engaged in 
the manufacture of products for sale or exchange for commercial profit, 
except in a de minimis manner.
    Resin means any thermosetting resin with or without pigment 
containing styrene (CAS No. 100-42-5) or methyl

[[Page 44246]]

methacrylate (CAS No. 80-62-6) and used to encapsulate and bind 
together reinforcement fibers in the construction of fiberglass parts.
    Resin and gel coat application equipment cleaning means the process 
of flushing or removing resins and gel coats from the interior or 
exterior of equipment that is used to apply resin or gel coat in the 
manufacture of fiberglass parts.
    Resin and gel coat mixing operation means any operation in which 
resin or gel coat, including the mixing of putties or polyputties, is 
combined with additives that include, but are not limited to, fillers, 
promoters, or catalysts.
    Roll-out means the process of using rollers, squeegees, or similar 
tools to compact reinforcing materials saturated with resin to remove 
trapped air or excess resin.
    Skin coat is a layer of resin and fibers applied over the gel coat 
to protect the gel coat from being deformed by the next laminate 
layers.
    Tooling resin means the resin used to build or repair molds (also 
known as tools) or prototypes (also known as plugs) from which molds 
will be made.
    Tooling gel coat means the gel coat used to build or repair molds 
(also known as tools) or prototypes (also known as plugs) from which 
molds will be made.
    Vacuum bagging means any molding technique in which the reinforcing 
fabric is saturated with resin and then covered with a flexible sheet 
that is sealed to the edge of the mold and where a vacuum is applied 
under the sheet to compress the laminate, remove excess resin, or 
remove trapped air from the laminate during curing. Vacuum bagging does 
not include processes that meet the definition of closed molding.
    Vinylester resin means a thermosetting resin containing esters of 
acrylic or methacrylic acids and having double-bond and ester linkage 
sites only at the ends of the resin molecules.
    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; liters of coating solids per liter of coating.
    Wood coatings means coatings applied to wooden parts and surfaces 
of boats, such as paneling, cabinets, railings, and trim. Wood coatings 
include, but are not limited to, primers, stains, sealers, varnishes, 
and enamels. Polyester and vinylester resins or gel coats applied to 
wooden parts to encapsulate them or bond them to other parts are not 
wood coatings.

Tables to Subpart VVVV

Table 1 to Subpart VVVV--Compliance Dates for New and Existing Boat 
Manufacturing Facilities

    As specified in Sec. 63.5695, you must comply by the dates in the 
following table:

----------------------------------------------------------------------------------------------------------------
         If your facility is--                       And--                 Then you must comply by this date--
----------------------------------------------------------------------------------------------------------------
1. An existing source.................  Is a major source on or before  August 23, 2004.
                                         August 22, 2001\1\.
2. An existng or new area source......  Becomes a major source after    1 year after becoming a major source or
                                         August 22, 2001\1\.             August 22, 2002, whichever is later.
3. A new source.......................  Is a major source at startup    Upon startup or August 22, 2001,
                                         \1\.                            whichever is later.
----------------------------------------------------------------------------------------------------------------
\1\Your facility is a major source if it is a stationary source or group of stationary sources located within a
  contiguous area and under common control that emits or can potentially emit, considering controls, in the
  aggregate, 9.1 megagrams or more per year of a single hazardous air pollutant or 22.7 megagrams or more per
  year of a combination of hazardous air pollutants.

Table 2 to Subpart VVVV--Alternative Organic HAP Content Requirements 
for Open Molding Resin and Gel Coat Operations

    As specified in Secs. 63.5701(b), 63.5704(b)(2), and 63.5713(a), 
(b), and (d), you must comply with the requirements in the following 
table:

----------------------------------------------------------------------------------------------------------------
                                                                     You must not exceed this weighted-average
        For this operation--         And this applicaton method--      organic HAP content (weight percent)
                                                                                   requirement--
----------------------------------------------------------------------------------------------------------------
1. Production resin operations.....  Atomized (spray)...........  28 percent.
2. Production resin operations.....  Nonatomized (nonspray).....  35 percent.
3. Pigmented gel coat operations...  Any method.................  33 percent.
4. Clear gel coat operations.......  Any method.................  48 percent
5. Tooling resin operations........  Atomized (spray)...........  30 percent.
6. Tooling resin operations........  Nonatomized (nonspray).....  39 percent.
7. Tooling gel coat operations.....  Any method.................  40 percent.
----------------------------------------------------------------------------------------------------------------

Table 3 to Subpart VVVV--MACT Model Point Value Formulas for Open 
Molding Operations \1\

    As specified in Secs. 63.5710(d) and 63.5714(a), you must calculate 
point values using the formulas in the following table:

----------------------------------------------------------------------------------------------------------------
                                         And this application      Use this formula to calculate the MACT model
        For this operation--                   method--              plant value for each resin and gel coat--
----------------------------------------------------------------------------------------------------------------
1. Production resin, tooling resin.  a. Atomized................  0.014  x  (Resin HAP%) 2.425
                                     b. Atomized, plus vacumm     0.01185  x  (Resin HAP%) 2.425
                                      bagging with roll-out.
                                     c. Atomized, plus vacuum     0.00945  x  (Resin HAP%) 2.425
                                      bagging without roll-out.
                                     d. Nonatomized.............  0.014  x  (Resin HAP%) 2.275
                                     e. Nonatomized, plus vaccum  0.0110  x  (Resin HAP%) 2.275
                                      bagging with roll-out.
                                     f. Nonatomized, plus vacuum  0.0076  x  (Resin HAP%) 2.275
                                      bagging without roll-out.

[[Page 44247]]

 
2. Pigmented gel coat, clear gel     All methods................  0.445  x  (Gel coat HAP%) 1.675
 coat, tooling gel coat.
----------------------------------------------------------------------------------------------------------------
\1\Equations calculate MACT model point value in kilograms of organic HAP per megagrams of resin or gel coat
  applied. The equations for vacuum bagging with roll-out are applicable when a facility rolls out the applied
  resin and fabric prior to applying the vacuum bagging materials. The equations for vacuum bagging without roll-
  out are applicable when a facility applies the vacuum bagging materials immediately after resin application
  without rolling out the resin and fabric. HAP% = organic HAP content as supplied, expressed as a weight-
  percent value between 0 and 100 percent.

Table 4 to Subpart VVVV--Operating Limits if Using an Add-on Control 
Device for Open Molding Operations

    As specified in Secs. 63.5715(a) and 63.5725(f)(5), you must meet 
the operating limits in the following table:

------------------------------------------------------------------------
                                                        And you must
                                You must meet the        demonstrate
 For the following device--    following operating       continuous
                                     limit--         compliance with the
                                                    operating limit by--
------------------------------------------------------------------------
1. Thermal oxidizer.........  The average           a. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.5725(d); b.
                               combustion            reducing the data
                               temperature limit     to 3-hour block
                               established           averages; and c.
                               according to Sec.     maintaining the 3-
                               63.5725(d).           hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
2. Other control devices....  An operating limit    a. Collecting
                               approved by the       parameter
                               Administrator         monitoring as
                               according to Sec.     approved by the
                               63.8(f).              Administrator
                                                     according to Sec.
                                                     63.8(f); and b.
                                                     maintaining the
                                                     parameters within
                                                     the operating
                                                     limits approved
                                                     according to Sec.
                                                     63.8(f).
3. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE according to    the air flow at all   direction of air
 Sec.  63.5719(b).             times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               b. 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   63.5725(f)(3) or
                               draft openings in     the pressure drop
                               the enclosure must    across the
                               be at least 200       enclosure according
                               feet per minute; or   to Sec.
                               c. the pressure       63.5725(f)(4); and
                               drop across the       ii. reducing the
                               enclosure must be     data for facial
                               at least 0.007 inch   velocity or
                               H2O, as established   pressure drop to 3-
                               in Method 204 of      hour block
                               appendix M to 40      averages; and iii.
                               CFR part 51.          maintaining the 3-
                                                     hour average facial
                                                     velocity of 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.
4. Emission capture system    a. The average gas    i. Collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec.  63.5719(b).          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        63.5725(f)(1) and
                               device inlet in any   (3); ii. reducing
                               3-hour period must    the data to 3-hour
                               not fall below the    block averages;
                               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.  63.5725(f)(5)   or above the gas
                               ; and b. the          volumetric flow
                               average pressure      rate or duct static
                               drop across an        pressure limit; iv.
                               opening in each       collecting data for
                               enclosure in any 3-   the pressure drop
                               hour period must      across an opening
                               not fall below the    in each enclosure
                               average pressure      according to Sec.
                               drop limit            63.5725(f)(2) and
                               established for       (4); v. reducing
                               that capture device   the data to 3-hour
                               according to Sec.     block averages; and
                               63.5725(f)(5).        vi. maintaining the
                                                     3-hour average
                                                     pressure drop
                                                     across the opening
                                                     for each enclosure
                                                     at or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limit.
------------------------------------------------------------------------

Table 5 to Subpart VVVV--Default Organic HAP Contents of Solvents and 
Solvent Blends

    As specified in Sec. 63.5758(a)(6), when detailed organic HAP 
content data for solvent blends are not available, you may use the 
values in the following table:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   Average organic
             Solvent/solvent blend                   CAS No.        HAP content,                    Typical organic HAP, percent by mass
                                                                   percent by mass
--------------------------------------------------------------------------------------------------------------------------------------------------------
 1. Toluene...................................          108-88-3               100  Toluene.
2. Xylene(s)..................................         1330-20-7               100  Xylenes, ethylbenzene.
3. Hexane.....................................          110-54-3                50  n-hexane.
4. n-hexane...................................          110-54-3               100  n-hexane.
5. Ethylbenzene...............................          100-41-4               100  Ethylbenzene.
6. Aliphatic 140..............................  ................                 0  None.
7. Aromatic 100...............................  ................                 2  1% xylene, 1% cumene.
8. Aromatic 150...............................  ................                 9  Naphthalene.
9. Aromatic naptha............................        64742-95-6                 2  1% xylene, 1% cumene.
10. Aromatic solvent..........................        64742-94-5                10  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                15  Toluene.
14. Low aromatic white spirit.................        64742-82-1                 0  None.
15. Mineral spirits...........................        64742-88-7                 1  Xylenes.
16. Hydrotreated naphtha......................        64742-48-9                 0  None.

[[Page 44248]]

 
17. Hydrotreated light distillate.............        64742-47-8               0.1  Toluene.
18. Stoddard solvent..........................         8052-41-3                 1  Xylenes.
19. Super high-flash naphtha..................        64742-95-6                 5  Xylenes.
20. Varol solvent...................         8052-49-3                 1  0.5% xylenes, 0.5% ethyl benzene.
21. VM & P naphtha............................        64742-89-8                 6  3% toluene, 3% xylene.
22. Petroleum distillate mixture..............        68477-31-6                 8  4% naphthalene, 4% biphenyl.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 6 to Subpart VVVV--Default Organic HAP Contents of Petroleum 
Solvent Groups

    As specified in Sec. 63.5758(a)(6), when detailed organic HAP 
content data for solvent blends are not available, you may use the 
values in the following table:

------------------------------------------------------------------------
                                   Average organic     Typical organic
          Solvent type               HAP content,      HAP, percent by
                                   percent by mass           mass
------------------------------------------------------------------------
 Aliphatic (Mineral Spirits 135,                  3  1% Xylene, 1%
 Mineral Spirits 150 EC,                              Toluene, and 1%
 Naphtha, Mixed Hydrocarbon,                          Ethylbenzene.
 Aliphatic Hydrocarbon,
 Aliphatic Naptha, Naphthol
 Spirits, Petroleum Spirits,
 Petroleum Oil, Petroleum
 Naphtha, Solvent Naphtha,
 Solvent Blend.).
Aromatic (Medium-flash Naphtha,                   6  4% Xylene, 1%
 High-flash Naphtha, Aromatic                         Toluene, and 1%
 Naphtha, Light Aromatic                              Ethylbenzene.
 Naphtha, Light Aromatic
 Hydrocarbons, Aromatic
 Hydrocarbons, Light Aromatic
 Solvent.).
------------------------------------------------------------------------

Table 7 to Subpart VVVV--Applicability and Timing of Notifications

    As specified in Sec. 63.5761(a), you must submit notifications 
according to the following table:

------------------------------------------------------------------------
     If your facility--         You must submit--      By this date--
------------------------------------------------------------------------
1. Is an existing source      An initial            No later than the
 subject to this subpart.      notification          dates specified in
                               containing the        Sec.  63.9(b)(2).
                               information
                               specified in Sec.
                               63.9(b)(2).
2. Is a new source subject    The notifications     No later than the
 to this subpart.              specified in Sec.     dates specified
                               63.9(b) (3) to (5).   Sec.  63.9(b)(4)
                                                     and (5).
3. Qualifies for a            A request for a       No later than the
 compliance extension as       compliance            dates specified in
 specified in Sec.  63.9(c).   extension as          Sec.  63.6(i).
                               specified in Sec.
                               63.9(c).
4. Is complying with organic  A notification of     No later than 30
 HAP content limits,           compliance status     calendar days after
 application equipment         as specified in       the end of the
 requirements; or MACT model   Sec.  63.9(h).        first 12-month
 point value averaging                               averaging period
 provisions.                                         after your
                                                     facility's
                                                     compliance date.
5. Is complying by using an   a. notification of    No later than the
 add-on control device.        intent to conduct a   date specified in
                               performance test as   Sec.  63.9(e).
                               specified in Sec.
                               63.9(e).
                              b. A notification of  With the
                               the date for the      notification of
                               continuous            intent to conduct a
                               monitoring system     performance test.
                               performance
                               evaluation as
                               specified in Sec.
                               63.9(g).
                              c. A notification of  No later than 60
                               compliance status     calendar days after
                               as specified in       the completion of
                               Sec.  63.9(h).        the add-on control
                                                     device performance
                                                     test and continuous
                                                     monitoring system
                                                     performance
                                                     evaluation.
------------------------------------------------------------------------

Table 8 to Subpart VVVV--Applicability of General Provisions (40 CFR 
Part 63, Subpart A) to Subpart VVVV

    As specified in Sec. 63.5773, you must comply with the applicable 
requirements of the General Provisions according to the following 
table:

----------------------------------------------------------------------------------------------------------------
               Citation                      Requirement        Applies to subpart VVVV        Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)........................  General Applicability..  Yes.                     .......................
Sec.  63.1(b)........................  Initial Applicability    Yes.                     .......................
                                        Determination.
Sec.  63.1(c)(1).....................  Applicability After      Yes.                     .......................
                                        Standard Established.
Sec.  63.1(c)(2).....................  .......................  Yes....................  Area sources are not
                                                                                          regulated by subpart
                                                                                          VVVV.
Sec.  63.1(c)(3).....................  .......................  No.....................  [Reserved]
Sec.  63.1(c)(4)-(5).................  .......................  Yes.                     .......................
Sec.  63.1(d)........................  .......................  No.....................  [Reserved]
63.1(e)..............................  Applicability of Permit  Yes.                     .......................
                                        Program.
Sec.  63.2...........................  Definitions............  Yes....................  Additional definitions
                                                                                          are found in Sec.
                                                                                          63.5779.
Sec.  63.3...........................  Units and Abbreviations  Yes.                     .......................
Sec.  63.4(a)........................  Prohibited Activities..  Yes.                     .......................
Sec.  63.4(b)-(c)....................  Circumvention/           Yes.                     .......................
                                        Severability.
Sec.  63.5(a)........................  Construction/            Yes.                     .......................
                                        Reconstruction.
Sec.  63.5(b)........................  Requirements for         Yes.                     .......................
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.

[[Page 44249]]

 
Sec.  63.5(c)........................  .......................  No.....................  [Reserved]
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)........................  Compliance Dates for     Yes....................  Sec.  63.695 specifies
                                        New and Reconstructed                             compliance dates,
                                        Sources.                                          including the
                                                                                          compliance date for
                                                                                          new area sources that
                                                                                          become major sources
                                                                                          after the effective
                                                                                          date of the rule.
Sec.  63.6(c)........................  Compliance Dates for     Yes....................  Sec.  63.5695 specifies
                                        Existing Sources.                                 compliance dates,
                                                                                          including the
                                                                                          compliance date for
                                                                                          existing area sources
                                                                                          that become major
                                                                                          sources after the
                                                                                          effective date of the
                                                                                          rule.
Sec.  63.6(d)........................  .......................  No.....................  [Reserved]
Sec.  63.6(e)(1)-(2).................  Operation and            No.....................  Operating requirements
                                        Maintenance                                       for open molding
                                        Requirements.                                     operations with add-on
                                                                                          controls are specified
                                                                                          in Sec.  63.5725.
Sec.  63.6(e)(3).....................  Startup, Shut Down, and  Yes....................  Only sources with add-
                                        Malfunction Plans.                                on controls must
                                                                                          complete startup,
                                                                                          shutdown, and
                                                                                          malfunction plans.
Sec.  63.6(f)........................  Compliance with          Yes.                     .......................
                                        Nonopacity Emission
                                        Standards.
Sec.  63.6(g)........................  Use of an Alternative    Yes.                     .......................
                                        Nonopacity Emission
                                        Standard.
Sec.  63.6(h)........................  Compliance with Opacity/ No.....................  Subpart VVVV does not
                                        Visible Emissions                                 specify opacity or
                                        Standards.                                        visible emission
                                                                                          standards.
Sec.  63.6(i)........................  Extension of Compliance  Yes.                     .......................
                                        with Emission
                                        Standards.
Sec.  63.6(j)........................  Exemption from           Yes.                     .......................
                                        Compliance with
                                        Emission Standards.
Sec.  63.7(a)(1).....................  Performance Test         Yes.                     .......................
                                        Requirements.
Sec.  63.7(a)(2).....................  Dates for performance    No.....................  Sec.  63.5716 specifies
                                        tests.                                            performance test
                                                                                          dates.
Sec.  63.7(a)(3).....................  Performance testing at   Yes.                     .......................
                                        other times.
Sec.  63.7(b)-(h)....................  Other performance        Yes.                     .......................
                                        testing requirements.
Sec.  63.8(a)(1)-(2).................  Monitoring               Yes....................  All of Sec.  63.8
                                        Requirements--Applicab                            applies only to
                                        ility.                                            sources with add-on
                                                                                          controls. Additional
                                                                                          monitoring
                                                                                          requirements for
                                                                                          sources with add-on
                                                                                          controls are found in
                                                                                          Sec.  63.5725.
Sec.  63.8(a)(3).....................  .......................  No.....................  [Reserved]
Sec.  63.8(a)(4).....................  .......................  No.....................  Subpart VVVV does not
                                                                                          refer directly or
                                                                                          indirectly to Sec.
                                                                                          63.11.
Sec.  63.8(b)(1).....................  Conduct of Monitoring..  Yes.                     .......................
Sec.  63.8(b)(2)-(3).................  Multiple Effluents and   Yes....................  Applies to sources that
                                        Multiple Continuous                               use a CMS on the
                                        Monitoring Systems                                control device stack.
                                        (CMS).
Sec.  63.8(c)(1)-(4).................  Continuous Monitoring    Yes.                     .......................
                                        System Operation and
                                        Maintenance.
Sec.  63.8(c)(5).....................  Continuous Opacity       No.....................  Subpart VVVV does not
                                        Monitoring Systems                                have opacity or
                                        (COMS).                                           visible emission
                                                                                          standards.
Sec.  63.8(c)(6)-(8).................  Continuous Monitoring    Yes.                     .......................
                                        System Calibration
                                        Checks and Out-of-
                                        Control Periods.
Sec.  63.8(d)........................  Quality Control Program  Yes.                     .......................
Sec.  63.8(e)........................  CMS Performance          Yes.                     .......................
                                        Evaluation.
Sec.  63.8(f)(1)-(5).................  Use of an Alternative    Yes.                     .......................
                                        Monitoring Method.
Sec.  63.8(f)(6).....................  Alternative to Relative  Yes....................  Applies only to sources
                                        Accuracy Test.                                    that use continuous
                                                                                          emission monitoring
                                                                                          systems (CEMS).
Sec.  63.8(g)........................  Data Reduction.........  Yes....................  .......................
Sec.  63.9(a)........................  Notification             Yes.                     .......................
                                        Requirements--Applicab
                                        ility.
Sec.  63.9(b)........................  Initial Notifications..  Yes....................  .......................
Sec.  63.9(c)........................  Request for Compliance   Yes.                     .......................
                                        Extension.
Sec.  63.9(d)........................  Notification That a New  Yes.                     .......................
                                        Source Is Subject to
                                        Special Compliance
                                        Requirements.
Sec.  63.9(e)........................  Notification of          Yes....................  Applies only to sources
                                        Performance Test.                                 with add-on controls.
Sec.  63.9(f)........................  Notification of Visible  No.....................  Subpart VVVV does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible emission
                                                                                          standards.

[[Page 44250]]

 
Sec.  63.9(g)(1).....................  Additional CMS           Yes....................  Applies only to sources
                                        Notifications--Date of                            with add-on controls.
                                        CMS Performance
                                        Evaluation.
Sec.  63.9(g)(2).....................  Use of COMS Data.......  No.....................  Subpart VVVV does not
                                                                                          require the use of
                                                                                          COMS.
Sec.  63.9(g)(3).....................  Alternative to Relative  Yes....................  Applies only to sources
                                        Accuracy Testing.                                 with CEMS.
Sec.  63.9(h)........................  Notification of          Yes.                     .......................
                                        Compliance Status.
Sec.  63.9(i)........................  Adjustment of Deadlines  Yes.                     .......................
Sec.  63.9(j)........................  Change in Previous       Yes.                     .......................
                                        Information.
Sec.  63.10(a).......................  Recordkeeping/           Yes.                     .......................
                                        Reporting--Applicabili
                                        ty.
Sec.  63.10(b)(1)....................  General Recordkeeping    Yes....................  Secs.  63.567 and
                                        Requirements.                                     63.5770 specify
                                                                                          additional
                                                                                          recordkeeping
                                                                                          requirements.
Sec.  63.10(b)(2)(i)-(xi)............  Recordkeeping Relevant   Yes....................  Applies only to sources
                                        to Startup, Shutdown,                             with add-on controls.
                                        and Malfunction
                                        Periods and CMS.
Sec.  63.10(b)(2)(xii)-(xiv).........  General Recordkeeping    Yes.                     .......................
                                        Requirements.
Sec.  63.10(b)(3)....................  Recordkeeping            Yes....................  Sec.  63.5686 specifies
                                        Requirements for                                  applicability
                                        Applicability                                     determinations for non-
                                        Determinations.                                   major sources.
Sec.  63.10(c).......................  Additional               Yes....................  Applies only to sources
                                        Recordkeeping for                                 with add-on controls.
                                        Sources with CMS.
Sec.  63.10(d)(1)....................  General Reporting        Yes....................  Sec.  63.5764 specifies
                                        Requirements.                                     additional reporting
                                                                                          requirements.
Sec.  63.10(d)(2)....................  Performance Test         Yes....................  Sec.  63.5764 specifies
                                        Results.                                          additional
                                                                                          requirements for
                                                                                          reporting performance
                                                                                          test results.
Sec.  63.10(d)(3)....................  Opacity or Visible       No.....................  Subpart VVVV does not
                                        Emissions Observations.                           specify opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.  63.10(d)(4)....................  Progress Reports for     Yes.                     .......................
                                        Sources with
                                        Compliance Extensions.
Sec.  63.10(d)(5)....................  Startup, Shutdown, and   Yes....................  Applies only to sources
                                        Malfunction Reports.                              with add-on controls.
Sec.  63.10(e)(1)....................  Additional CMS Reports-- Yes....................  Applies only to sources
                                        General.                                          with add-on controls.
Sec.  63.10(e)(2)....................  Reporting Results of     Yes....................  Applies only to sources
                                        CMS Performance                                   with add-on controls.
                                        Evaluations.
Sec.  63.10(e)(3)....................  Excess Emissions/CMS     Yes....................  Applies only to sources
                                        Performance Reports.                              with add-on controls.
Sec.  63.10(e)(4)....................  COMS Data Reports......  No.....................  Subpart VVVV does not
                                                                                          specify opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.  63.10(f).......................  Recordkeeping/Reporting  Yes.                     .......................
                                        Waiver.
Sec.  63.11..........................  Control Device           No.....................  Facilities subject to
                                        Requirements--Applicab                            subpart VVVV do not
                                        ility.                                            use flares as control
                                                                                          devices.
Sec.  63.12..........................  State Authority and      Yes....................  Sec.  63.5776 lists
                                        Delegations.                                      those sections of
                                                                                          subpart A that are not
                                                                                          delegated.
Sec.  63.13..........................  Addresses..............  Yes.                     .......................
Sec.  63.14..........................  Incorporation by         Yes.                     .......................
                                        Reference.
Sec.  63.15..........................  Availability of          Yes.                     .......................
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 01-20895 Filed 8-21-01; 8:45 am]
BILLING CODE 6560-50-P