[Federal Register Volume 67, Number 79 (Wednesday, April 24, 2002)]
[Proposed Rules]
[Pages 20206-20248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7224]



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Part II





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Metal Furniture; Proposed Rule

  Federal Register / Vol. 67 , No. 79 / Wednesday, April 24, 2002 / 
Proposed Rules  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7163-6]
RIN 2060-AG55


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Metal Furniture

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes national emission standards for hazardous 
air pollutants (NESHAP) for metal furniture surface coating operations 
located at major sources of hazardous air pollutant (HAP) emissions. 
These proposed standards would implement section 112(d) of the Clean 
Air Act (CAA) by requiring these operations to meet HAP emission 
standards reflecting the application of the maximum achievable control 
technology (MACT). The primary HAP emitted by these operations are 
xylene, toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene, and 
methyl ethyl ketone. Each of the HAP can cause toxic effects such as 
eye, nose, throat, and skin irritation, and blood cell, heart, liver, 
and kidney damage. Implementation of the proposed standards would 
reduce nationwide HAP emissions from major sources by about 70 percent.

DATES: Comments. Submit comments on or before June 24, 2002. Public 
Hearing. If anyone wishes to contact EPA to request to speak at a 
public hearing, they should do so by May 14, 2002. If requested, a 
public hearing will be held within approximately 30 days following 
publication of this notice in the Federal Register.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate if possible) to: Air and Radiation Docket and Information 
Center (6102), Attention Docket Number A-97-40, U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. 
In person or by courier, deliver comments (in duplicate if possible) 
to: Air and Radiation Docket and Information Center (6102), Attention 
Docket Number A-97-40, U.S. Environmental Protection Agency, 401 M 
Street, SW., Room M-1500, Washington, DC 20460. The EPA requests a 
separate copy also be sent to the contact person listed in FOR FURTHER 
INFORMATION CONTACT.
    Public Hearing. If a public hearing is held, it will be held at our 
Office of Administration Auditorium in Research Triangle Park, North 
Carolina. You should contact Ms. Janet Eck, Coatings and Consumer 
Products Group, Emission Standards Division (C539-03), U.S. 
Environmental Protection Agency, Research Triangle Park, North Carolina 
27711, telephone number (919) 541-7946, to request to speak at a public 
hearing or to find out if a hearing will be held.
    Docket. Docket No. A-97-40 contains supporting information used in 
developing the proposed standards. The docket is located at the U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460 in Room M-1500, Waterside Mall (ground floor), and may be 
inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: Dr. Mohamed Serageldin, Coatings and 
Consumer Products Group, Emission Standards Division (C539-03), U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711; 
telephone number (919) 541-2379; facsimile number (919) 541-5689; 
electronic mail (e-mail) address: [email protected].

SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted 
by e-mail to: [email protected]. Electronic comments must be 
submitted as an ASCII file to avoid the use of special characters and 
encryption problems and will also be accepted on disks in 
WordPerfect file format. All comments and data submitted in 
electronic form must note the docket number: A-97-40. No confidential 
business information (CBI) should be submitted by e-mail. Electronic 
comments may be filed online at many Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Dr. Mohamed Serageldin, c/o OAQPS 
Document Control Officer (C404-02), U.S. Environmental Protection 
Agency, Research Triangle Park, NC 27711. The EPA will disclose 
information identified as CBI only to the extent allowed by the 
procedures set forth in 40 CFR part 2. If no claim of confidentiality 
accompanies a submission when it is received by EPA, the information 
may be made available to the public without further notice to the 
commenter.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Janet Eck, Coatings and Consumer Products Group, Emission Standards 
Division (C539-03), U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711; telephone number (919) 541-7946 at 
least 2 days in advance of the public hearing. Persons interested in 
attending the public hearing should also contact Ms. Eck to verify the 
time, date, and location of the hearing. The public hearing will 
provide interested parties the opportunity to present data, views, or 
arguments concerning these proposed emission standards.
    Docket. The docket is an organized and complete file of all the 
information considered by 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 
obtained by mail from the Air and Radiation Docket and Information 
Center by calling (202) 260-7548. A reasonable fee may be charged for 
copying docket materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule is also available on the WWW 
through the Technology Transfer Network (TTN). Following signature by 
the EPA Administrator, a copy of the proposed rule will be posted on 
the TTN's policy and guidance page for newly proposed or promulgated 
rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control. If more 
information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.
    Regulated Entities. The proposed source category definition 
includes facilities that apply coatings to metal furniture or 
components of metal furniture. Metal furniture means furniture or 
components of furniture that are constructed either entirely or 
partially from metal. Metal furniture

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includes, but is not limited to, components of the following types of 
products as well as the products themselves: household, office, 
institutional, laboratory, hospital, public building, restaurant, 
barber and beauty shop, and dental furniture; office and store 
fixtures; partitions; shelving; lockers; lamps and lighting fixtures; 
and wastebaskets.
    In general, facilities that coat metal furniture are covered under 
the Standard Industrial Classification (SIC) and North American 
Industrial Classification System (NAICS) codes listed in table 1. 
However, facilities classified under other SIC or NAICS codes may be 
subject to the proposed regulation if they meet the applicability 
criteria. Not all facilities classified under the SIC and NAICS codes 
in table 1 will be subject to the proposed standard because some of the 
classifications cover products outside the scope of the proposed NESHAP 
for metal furniture.

              Table 1.--Metal Furniture Product Descriptions and Corresponding SIC and NAICS Codes
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                                               Equivalent
      Product description         1987 SIC     1997 NAICS        Equivalent 1997 NAICS Product  Description
                                    Code         Code(s)
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Metal Household Furniture.....          2514        337124  Metal Household Furniture Manufacturing.
Office Furniture, Except Wood.          2522        337214  Nonwood Office Furniture Manufacturing.
Public Building and Related             2531        337127  Institutional Furniture Manufacturing.
 Furniture.
Office and Store Fixtures,              2542        337215  Showcase, Partition, Shelving, and Locker
 Partitions, Shelving, and                                   Manufacturing.
 Lockers, Except Wood.
Furniture and Fixtures, Not             2599        337127  Institutional Furniture Manufacturing.
 Classified Elsewhere.
Hardware, Not Classified                3429        332951  Hardware Manufacturing.
 Elsewhere.
Metal Stampings, Not                    3469        332116  Metal Stamping.
 Classified Elsewhere (Except
 Kitchen Utensils, Pots and
 Pans for Cooking, and Coins).
Wire Springs..................          3495        332612  Wire Spring Manufacturing.
Fabricated Metal Products, Not          3499        337215  Showcase, Partition, Shelving, and Locker
 Classified Elsewhere.                                       Manufacturing.
Residential Electric Lighting           3645        335121  Residential Electric Lighting Fixture Manufacturing.
 Fixtures.
Commercial, Industrial, and             3646        335122  Commercial, Industrial, and Institutional Electric
 Institutional Electric                                      Lighting Fixture Manufacturing.
 Lighting Fixtures.
Laboratory Apparatus and                3821        339111  Laboratory Furniture Manufacturing.
 Furniture.
Dental Equipment and Supplies.          3843        339114  Dental Equipment Manufacturing.
Manufacturing Industries, Not           3999        337127  Institutional Furniture Manufacturing.
 Classified Elsewhere.
Reupholster and Furniture               7641         81142  Reupholstery and Furniture Repair.
 Repair.
State/Federal Governmental      ............  ............  State correctional institutions and military
 Agencies.                                                   installations that apply coatings to metal
                                                             furniture.
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    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your coating operation would be regulated 
by this proposed action, you should examine the applicability criteria 
in Sec. 63.4881 of the proposed rule. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. What is the source of authority for development of NESHAP?
    B. What criteria are used in the development of NESHAP?
    C. What are the health effects associated with HAP emissions 
from the surface coating of metal furniture?
II. Summary of the Proposed Rule
    A. What source categories would be affected by this proposed 
rule?
    B. What is the relationship to other rules?
    C. What are the primary sources of emissions and what are the 
emissions?
    D. What is the affected source?
    E. What are the proposed emission limits, operating limits, and 
other standards?
    F. What are the proposed testing and initial compliance 
requirements?
    G. What are the proposed continuous compliance provisions?
    H. What are the proposed notification, recordkeeping, and 
reporting requirements?
III. Rationale for Selecting the Proposed Standards
    A. How did we select the source category?
    B. How did we select the regulated pollutants?
    C. How did we select the affected source?
    D. How did we determine the basis and level of the proposed 
standards for exisiting and new sources?
    E. How did we select the format of the standards?
    F. How did we select the testing and initial compliance 
requirements?
    G. How did we select the continuous compliance requirements?
    H. How did we select the notification, recordkeeping, and 
reporting requirements?
    I. How did we select the compliance date?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the nonair health, environmental, and energy 
impacts?
V. 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. Executive Order 13211, Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use
    F. Unfunded Mandates Reform Act of 1995
    G. Regulatory Flexibility Act, as Amended by the Small Business 
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601, 
et seq.
    H. Paperwork Reduction Act
    I. National Technology Transfer and Advancement Act

I. Background

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

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and certain area sources

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of HAP and to establish NESHAP for the listed source categories and 
subcategories. The Surface Coating of Metal Furniture category of major 
sources was listed on July 16, 1992 (57 FR 31576) under the Surface 
Coating Processes industry group. Major sources of HAP are those that, 
considering controls, emit or have the potential to emit equal to, or 
greater than, 10 tons per year (tpy) of any one HAP or 25 tpy of any 
combination of HAP.

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

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

C. What Are the Health Effects Associated with HAP Emissions From the 
Surface Coating of Metal Furniture?

    The major HAP emitted from the surface coating of metal furniture 
include xylene, toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene, 
and methyl ethyl ketone. These compounds account for about 90 percent 
of the nationwide HAP emissions from this source category. Other HAP 
identified in emissions include methyl isobutyl ketone, hexane, and 
methylene chloride. These pollutants can cause reversible or 
irreversible toxic effects following sufficient exposure. The potential 
toxic effects include eye, nose, throat, and skin irritation; nausea, 
vomiting, headache, and dizziness, and liver and kidney damage.
    The degree of adverse effects to human health from exposure to HAP 
can range from mild to severe. The extent and degree to which the human 
health effects may be experienced are dependent upon (1) the ambient 
concentration observed in the area (as influenced by emission rates, 
meteorological conditions, and terrain); (2) the frequency and duration 
of exposures; (3) characteristics of exposed individuals (genetics, 
age, preexisting health conditions, and lifestyle), which vary 
significantly with the population; and (4) pollutant-specific 
characteristics (toxicity, half-life in the environment, 
bioaccumulation, and persistence).

II. Summary of the Proposed Rule

A. What Source Categories Would Be Affected by This Proposed Rule?

    The proposed rule would apply to you if you own or operate a metal 
furniture surface coating facility that is a major source, or is 
located at a major source, or is part of a major source of HAP 
emissions. We have defined a metal furniture surface coating facility 
as one that applies coatings to metal furniture or components of metal 
furniture. Metal furniture means furniture or components that are 
constructed either entirely or partially from metal.
    You would not be subject to the proposed rule if your metal 
furniture surface coating facility is located at an area source. An 
area source of HAP is any facility that has the potential to emit HAP 
but is not a major source. You may establish area source status by 
limiting the source's potential to emit HAP through appropriate 
mechanisms available through the permitting authority.
    You would not be subject to the proposed rule if you use only 
coatings, thinners, and cleaning materials that contain no organic HAP.
    The source category does not include research or laboratory 
facilities or janitorial, building, and facility maintenance 
operations; or coating application using handheld nonrefillable aerosol 
containers.

B. What Is the Relationship to Other Rules?

    Affected sources subject to the proposed rule may also be subject 
to other rules. The relationship between this proposed rule and other 
rules is discussed below. We specifically request comments on how 
monitoring, recordkeeping, and reporting requirements can be 
consolidated for sources that are subject to more than one rule. We 
also request comments regarding instances where a facility could be 
subject to multiple surface coating NESHAP or where the applicability 
of one NESHAP versus another is unclear. Commenters should provide 
specific examples of these instances and discuss any associated adverse 
effects that would result.
    New Source Performance Standards--40 CFR Part 60, Subpart EE. The 
metal furniture new source performance standards (NSPS) apply to 
facilities that apply organic coatings to metal furniture and that 
began construction, reconstruction, or modification after November 28, 
1980. The pollutants regulated are volatile organic compounds (VOC). 
Emissions of VOC are limited to 0.09 kilogram (kg) per liter of coating 
solids applied, and the affected source is each individual coating 
operation.
    The proposed rule differs from the NSPS in three ways. First, the 
affected source for the proposed rule is defined broadly as the 
collection of all coating operations and related activities and 
equipment at the facility, whereas the affected facility for the NSPS 
is defined narrowly as each individual coating operation. This broader 
definition of affected source allows a facility's emissions to be 
combined for compliance purposes. Second, the proposed rule would 
regulate organic HAP. While most organic HAP emitted from metal 
furniture surface coating operations are VOC, some VOC are not listed 
as HAP and, therefore, the NSPS regulates a broader range of pollutants 
than would the proposed NESHAP. Third, the emission limitations in the 
proposed rule would be based on the amount of solids used at the 
affected source. The NSPS limitations are based on the amount of solids 
actually applied to the metal furniture which necessitates estimates of 
transfer efficiency in the compliance calculations.
    Because of the differences between the two rules, compliance with 
either rule cannot be deemed compliance with the other. A metal 
furniture surface coating facility that meets the applicability 
requirements of both rules must comply with both. Overlapping 
reporting, recordkeeping, and monitoring requirements may be resolved 
through the title V permit process.

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    National Emission Standards for Wood Furniture Manufacturing 
Operations--40 CFR Part 63, Subpart JJ. There may be situations where a 
manufacturer of wood furniture also coats metal components of that wood 
furniture. The coating of these metal components would be subject to 
subpart JJ, the rule for wood furniture manufacturing. As such, the 
proposed rule would not apply to these facilities. The applicability 
section of the proposed rule clarifies this difference in 
applicability.
    Future national emission standards for the surface coating of 
miscellaneous metal parts. Metal furniture often contains components, 
such as metal knobs, hinges, and screws, that have a wider use beyond 
metal furniture. The coating of such parts would not be subject to the 
proposed rule provided the coating takes place at a facility that does 
not apply coatings to other metal furniture. Such metal coating 
operations would be subject to the future NESHAP for the surface 
coating of miscellaneous metal parts.
    Future national emission standards for the surface coating of 
plastic parts and products. Plastic parts and products may be 
components (e.g., plastic handles) of metal furniture. The coating of 
such plastic parts would be subject to the proposed rule if the coating 
takes place at a metal furniture surface coating facility; otherwise, 
the coating operation would be subject to the future NESHAP for the 
surface coating of plastic parts and products.

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

    HAP Emission Sources. Emissions from coating application account 
for more than 60 percent of HAP emissions from the metal furniture 
surface coating process. Remaining emissions are primarily from 
cleaning. In most cases, HAP emissions from mixing and storage are 
relatively small. The organic HAP emissions associated with coatings 
(the term ``coatings'' includes protective and functional coatings, as 
well as adhesives) occur at several points. A coating is most often 
applied by using a spray gun in a spray booth or by dipping the 
substrate in a tank containing the coating. In a spray booth, volatile 
components evaporate from the coating applied to the part, as well as 
from the overspray. The coated part then passes through an open (flash-
off) area where additional volatiles evaporate from the coating. The 
coated part then passes through a drying/curing oven, or is allowed to 
air dry, where the remaining volatiles are evaporated.
    Organic HAP emissions also occur from the activities undertaken 
during cleaning, where solvent is applied to remove coating residue or 
other unwanted materials. Cleaning in this industry includes cleaning 
of spray guns and transfer lines (e.g., tubing or piping), tanks, and 
the interior of spray booths. Cleaning also includes applying solvents 
to manufactured parts prior to coating application and to equipment 
(e.g., cleaning rollers, pumps, conveyors, etc.).
    Mixing and Storage. Organic HAP emissions can also occur from 
displacement of organic vapor-laden air in containers used to store HAP 
solvents or to mix coatings containing HAP solvents. The displacement 
of organic HAP vapor-laden air can occur due to filling of containers, 
temperature or barometric pressure changes, or due to agitation during 
mixing.
    Organic HAP. Available emission data collected during the 
development of the proposed NESHAP show that the primary organic HAP 
emitted from the surface coating of metal furniture include xylene, 
toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene, and methyl 
ethyl ketone. These compounds account for over 90 percent of this 
category's nationwide organic HAP emissions. Other significant organic 
HAP identified include methyl isobutyl ketone, hexane, and methylene 
chloride.
    Inorganic HAP. Based on information reported in survey responses 
during the development of the proposed NESHAP, inorganic HAP, including 
chromium, lead, and manganese compounds are contained in two kinds of 
coatings used by this source category. No inorganic HAP were reported 
in cleaning materials. Nationwide inorganic HAP emissions are estimated 
to be less than 5 megagrams per year (Mg/yr).

D. What Is the Affected Source?

    We define an affected source as a stationary source, group of 
stationary sources, or part of a stationary source to which a specific 
emission standard applies. This proposed rule defines the affected 
source as the collection of all operations associated with the surface 
coating of metal furniture or components of metal furniture that are 
performed at a contiguous area under common control. These operations 
include preparation of a coating for application (e.g., mixing with 
thinners); surface preparation of the metal furniture or component; 
coating application and flash-off; drying and/or curing of applied 
coatings; cleaning of equipment used in surface coating; storage of 
coatings, thinners, and cleaning materials; and handling and conveyance 
of waste materials from the surface coating operations. Coatings 
include such materials as adhesives and protective or decorative 
coatings.

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

    We are proposing standards that, if promulgated, would limit HAP 
emissions from the surface coating of metal furniture. The proposed 
standards include emission limits and operating limits.
    Emission Limits. We are proposing to limit organic HAP emissions 
from each new and reconstructed affected source to no more than 0.094 
kilogram HAP per liter of coating solids used (kg/liter) (0.78 pound 
per gallon (lb/gal)) each calendar month. The proposed limit for each 
existing affected source is 0.12 kg HAP/liter used (1.0 lb/gal). You 
would choose from several compliance options in the proposed rule to 
achieve the emission limit(s). You could comply by applying materials 
(coatings, thinners, and cleaning materials) that meet the emission 
limit, either individually or collectively, during each monthly 
compliance period. You could also use a capture system and add-on 
control device to meet the emission limit, or a combination of both 
approaches.
    Operating Limits. If you reduce emissions by using a capture system 
and add-on control device (other than a solvent recovery system for 
which you conduct a monthly liquid-liquid material balance), the 
proposed operating limits would apply to you. These limits are site-
specific parameter limits you determine during the initial performance 
test of the system. For capture systems, you would establish average 
volumetric flow rate limits for each capture device (or enclosure) in 
each capture system. You would also establish limits on average 
pressure drop across openings in the capture system.
    For thermal and catalytic oxidizers, you would monitor temperature. 
For solvent recovery systems for which you do not conduct a monthly 
liquid-liquid material balance, you would monitor the carbon bed 
temperature and the amount of steam or nitrogen used to desorb the bed. 
For condensers, you would monitor the temperature of the outlet gas 
temperature from the condenser.
    All operating limits must reflect operation of the capture system 
and control devices during a performance test that demonstrates 
achievement of the emission limit during representative operating 
conditions.

[[Page 20210]]

    General Provisions. The General Provisions (40 CFR part 63, subpart 
A) also would apply to you as outlined in the proposed rule. The 
General Provisions codify certain procedures and criteria for all 40 
CFR part 63 NESHAP. The General Provisions contain administrative 
procedures, preconstruction review procedures for new sources, and 
procedures for conducting compliance-related activities such as 
notifications, reporting, and recordkeeping, performance testing, and 
monitoring. The proposed rule refers to individual sections of the 
General Provisions to emphasize key sections that you should be aware 
of. However, unless specifically overridden in the proposed rule, all 
of the applicable General Provisions requirements would apply to you.

F. What Are the Proposed Testing and Initial Compliance Requirements?

    Compliance Dates. Existing affected sources would have to be in 
compliance with the final standards no later than 3 years after the 
effective date of the subpart. The effective date is the date on which 
the final rule is published in the Federal Register. New and 
reconstructed sources would have to be in compliance upon startup of 
the affected source or no later than the effective date, whichever is 
later.
    The proposed initial compliance period is 1 month and begins on the 
compliance date and ends on the last day of the first full calendar 
month following the compliance date; except that for new and 
reconstructed sources required to conduct performance tests, it ends on 
the last day of the first full calendar month following the performance 
test. Being ``in compliance'' means that the owner or operator of the 
affected source meets all the requirements of the rule to achieve the 
proposed emission limit(s) and operating limits by the end of the 
initial compliance period. At the end of the initial compliance period, 
the owner or operator would use the data and records generated to 
determine whether or not the affected source is in compliance for that 
period. If it does not meet the applicable limit(s), then it is out of 
compliance for the entire initial compliance period.
    Emission Limit(s). There are several proposed options for complying 
with the proposed emission limit(s), and the testing and initial 
compliance requirements vary accordingly.
    If you demonstrate compliance based on the materials used in the 
affected source, you would determine the mass of organic HAP and the 
volume of solids in all materials used during the initial compliance 
period.
    To determine the mass of organic HAP in coatings, thinners, and 
cleaning materials and the volume coating solids, you could either rely 
on manufacturer's data or on results from the test methods listed 
below. Under Sec. 63.4941 of the proposed rule, you would be required 
to determine the mass of organic HAP in coatings, thinners, and 
cleaning materials. To do this, you would count HAP that are present at 
1 percent by mass or more if they are not carcinogens identified by the 
Occupational Safety and Health Administration (OSHA) at 29 CFR 
1910.1200(d)(4), and count HAP that are present at 0.1 percent by mass 
or more if they are OSHA-identified carcinogens. Coating and solvent 
manufacturers are accustomed to providing a breakdown of material 
components according to this distinction and routinely report the 
values on Material Safety Data Sheets for the materials, as required by 
OSHA. We could have selected some other way to count HAP components of 
materials but concluded that allowing this long-standing approach to be 
used for compliance with the proposed NESHAP would provide the 
information needed for compliance assurance and would not impose any 
additional burden on the industry. We request comment on the 
appropriateness of this provision of the proposed rule.
    You may use alternative test methods provided you get EPA approval 
in accordance with the NESHAP General Provisions, Sec. 63.7(f). If 
there is any inconsistency between the test method results (either 
EPA's or an approved alternative) and manufacturer's data, the test 
method results would prevail for compliance and enforcement purposes.
     For organic HAP content, use Method 311 of 40 CFR part 63, 
appendix A;
     The proposed rule allows you to use nonaqueous volatile 
matter as a surrogate for organic HAP, which would include all organic 
HAP plus all other organic compounds. If you choose this option, then 
use Method 24 of 40 CFR part 60, appendix A; and
     For volume coating solids, use either manufacturer's data 
or ASTM Method D2697-86 (1998) or ASTM Method D6093-97.
    To demonstrate initial compliance based on the materials used, you 
would be required to either ensure that the organic HAP content of each 
coating meets the emission limit and that you use no organic HAP-
containing thinners or cleaning materials; or ensure that the total 
mass of organic HAP in all coatings, thinners, and cleaning materials 
divided by the total volume of coating solids meets the emission limit. 
For the latter option, you would be required to:
     For the initial compliance period, determine the quantity 
of each coating, thinner, and cleaning material used in the affected 
source.
     Determine the mass of organic HAP in each coating, 
thinner, and cleaning material.
     Determine the volume fraction solids for each coating.
     Calculate the total mass of organic HAP for materials and 
total volume of coating solids used in the affected source for the 
compliance period. You may subtract from the total mass of organic HAP 
the amount contained in waste materials you send to a hazardous waste 
treatment, storage, and disposal facility (TSDF) regulated under 40 CFR 
part 262, 264, 265, or 266. The proposed calculation equation (Equation 
1 in Sec. 63.4951) adds together all the organic HAP in the coatings, 
thinners, and cleaning materials and allows you to subtract organic HAP 
in waste materials as indicated above. The calculated mass of organic 
HAP is, therefore, not based on actual measurement of emissions to the 
atmosphere but rather assumes that all organic HAP used (less those in 
waste materials as appropriate) are emitted. This means of determining 
organic HAP emissions for compliance is consistent with the means by 
which we calculated emission rates from industry data on which the 
proposed emission limits are based. We believe that Equation 1 is a 
simple mass-balance relationship which adequately quantifies the 
organic HAP emissions without imposing an excessive burden on 
respondents. We request comment on our approach for determining 
emissions and on any alternatives.
     Calculate the ratio of the total mass of organic HAP for 
the materials used to the total volume of coating solids used.
     Record the calculations and results and include them in 
your notification of compliance status (see section II.H of this 
preamble).
    If you use a capture system and control device, other than a 
solvent recovery system for which you conduct a monthly liquid-liquid 
material balance, you would:
     Conduct an initial performance test to determine the 
capture and control efficiencies of the equipment (described below) and 
to establish operating limits to be achieved on a continuous basis 
(also described below). The performance test would have to be completed 
no later than the compliance date for existing sources and 180 days 
after the compliance date for new and

[[Page 20211]]

reconstructed sources. You would also need to schedule it in time to 
obtain the results for use in completing your compliance determination 
for the initial compliance period.
     Determine the mass of organic HAP in each material and the 
volume fraction coating solids for each coating used during the initial 
compliance period.
     Calculate the organic HAP emissions from all the 
controlled coating operations using the capture and control 
efficiencies determined during the performance test and the total mass 
of organic HAP in materials used in controlled coating operations.
     Calculate the total mass of organic HAP emissions from 
uncontrolled coating operations.
     Calculate the ratio of the total mass of HAP emissions 
from both controlled and uncontrolled coating operations to the total 
volume of coating solids used during the initial compliance period.
     Record the calculations and results and include them in 
your Notification of Compliance Status.
    The capture and control efficiency for a capture and control 
system, other than a solvent recovery system for which you conduct 
monthly liquid-liquid material balances, would be demonstrated based on 
emission capture and reduction efficiency. To determine the capture 
efficiency, you would either verify the presence of a permanent total 
enclosure using EPA Method 204 of 40 CFR part 51, appendix M (and all 
materials must be applied and dried within the enclosure), or use one 
of three protocols in Sec. 63.4965 to measure capture efficiency. If 
you have a permanent total enclosure and all materials are applied and 
dried within the enclosure and you route all exhaust gases from the 
enclosure to a control device, then you would assume 100 percent 
capture.
    To determine the emission reduction efficiency of the control 
device, you would conduct measurements of the inlet and outlet gas 
streams. The test would consist of three runs, each run lasting 1 hour, 
using the following EPA Methods in 40 CFR part 60, appendix A:
     Method 1 or 1A for selection of the sampling sites.
     Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate.
     Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight.
     Method 4 to determine stack moisture.
     Method 25 or 25A to determine organic volatile matter 
concentration. In lieu of Method 25 or 25A, you may use Method 18 if 
you know the HAP constituents in the inlet and outlet gas streams and 
you quantify at least 90 percent of the organic compounds in the gas 
stream. Alternatively, any other test method or data that have been 
validated according to the applicable procedures in Method 301 of 40 
CFR part 63, appendix A, and approved by the Administrator, could be 
used.
    If you use a solvent recovery system, you could determine the 
overall control efficiency using a liquid-liquid material balance 
instead of conducting an initial performance test. If you use the 
material balance alternative, you would be required to measure the 
amount of all materials used in the affected source during the initial 
compliance period and determine the total volatile matter contained in 
these materials. You would also measure the amount of volatile matter 
recovered by the solvent recovery system during the compliance period. 
Then you would compare the amount recovered to the amount used to 
determine the overall control efficiency, and apply this efficiency to 
the organic HAP to solids ratio for the materials used. You would 
record the calculations and results and include them in your 
Notification of Compliance Status.
    Operating Limits. In accordance with section 114(a) of the CAA, the 
proposed operating limits would require the use of continuous parameter 
monitoring systems (CPMS) to ensure that sources are in compliance. The 
monitoring must be capable of detecting deviations with sufficient 
representativeness, accuracy, precision, reliability, frequency, and 
timeliness to determine if compliance is continuous during a reporting 
period.
    As mentioned above, you would establish operating limits as part of 
the initial performance test of a capture system and control device, 
other than a solvent recovery system for which you conduct liquid-
liquid material balances. The operating limits are the minimum or 
maximum (as applicable) values achieved for capture systems and control 
devices during the most recent performance test that demonstrated 
compliance with the emission limit. If you operate your capture system 
and control device at different sets of representative operating 
conditions, you must establish operating limits for the parameters for 
each different operating condition.
    The proposed rule specifies the parameters to monitor for the types 
of emission control systems commonly used in the industry. You would be 
required to install, calibrate, maintain, and continuously operate all 
monitoring equipment according to manufacturer's specifications and 
ensure that the CPMS meet the requirements in Sec. 63.4968 of the 
proposed rule. If you use control devices other than those identified 
in the proposed rule, you would submit the operating parameters to be 
monitored to the Administrator for approval. The authority to approve 
the parameters to be monitored is retained by the EPA and is not 
delegated to States. We request comment on whether there are 
alternative means of monitoring performance for add-on controls which 
would be appropriate. Commenters should address the relative 
effectiveness and cost of alternatives.
    If you use a thermal or catalytic oxidizer, you would continuously 
monitor temperature and record it at least every 15 minutes. For 
thermal oxidizers, the temperature monitor is placed in the firebox or 
in the duct immediately downstream of the firebox before any 
substantial heat exchange occurs. The operating limit would be the 
average temperature measured during the performance test, and during 
each 3-hour period the average temperature would have to be at or above 
this limit. For catalytic oxidizers, temperature monitors are placed 
immediately before and after the catalyst bed. The operating limits 
would be the average combustion temperature just before the catalyst 
bed and the average temperature difference across the catalyst bed 
during the performance test, and for each 3-hour period the average 
combustion temperature and the average temperature difference would 
have to be at or above these limits.
    If you use a solvent recovery system, and do not conduct liquid-
liquid material balances to demonstrate compliance, then you would 
monitor the carbon bed temperature after each regeneration and the 
total amount of steam or nitrogen used to desorb the bed for each 
regeneration. The operating limits would be the carbon bed temperature 
(not to be exceeded) and the amount of steam or nitrogen used for 
desorption (to be met as a minimum).
    If you use a condenser, you would monitor the outlet gas 
temperature to ensure that the air stream is being cooled to a low 
enough temperature. The operating limit would be the average condenser 
outlet gas temperature measured during the performance test, and for 
each 3-hour period the average temperature would have to be at or below 
this limit.
    For each capture system, you would establish operating limits for 
gas volumetric flow rate and pressure drop across an opening in each 
enclosure or capture device. The operating limit would be the average 
volumetric flow rate and average pressure drop across the opening 
during the performance test, to be met as a minimum.

[[Page 20212]]

    We request comment on the proposed testing and initial compliance 
requirements discussed above.

G. What Are the Proposed Continuous Compliance Provisions?

Emission Limit(s)

    If you demonstrate compliance with the proposed emission limit(s) 
based on the materials used in the affected source, you would ensure, 
for each monthly compliance period, that the ratio of organic HAP to 
coating solids meets the emission limit. You would follow the same 
procedures as you would for the initial compliance period, as described 
in section II.F of this preamble.
    For each coating operation on which you use a capture system and 
control device, other than solvent recovery for which you conduct a 
monthly liquid-liquid material balance, you would use the continuous 
parameter monitoring results for the month in determining the mass of 
organic HAP emissions. If the monitoring results indicate no deviations 
from the operating limits and there were no bypasses of the control 
device, then you would assume the capture system and control device is 
achieving the same percent emission reduction efficiency as it did 
during the performance test. You would then apply this percent 
reduction to the total mass of organic HAP in materials used in 
controlled coating operations to determine the monthly emission rate 
from those operations. If there were any deviations from the operating 
limits during the month or any bypasses of the control device, you 
would account for them in the calculation of the monthly emission rate 
by assuming the capture system and control device were achieving zero 
emission reduction during the periods of deviation.
    For each coating operation on which you use a solvent recovery 
system and conduct a liquid-liquid material balance each month, you 
would use the liquid-liquid material balance to determine control 
efficiency. To determine the overall control efficiency, you must 
measure the amount of all materials applied during each month and 
determine the volatile matter content of these materials. You must also 
measure the amount of volatile matter recovered by the solvent recovery 
system during the month, calculate the overall control efficiency, and 
apply it to the total mass of organic HAP in the materials used to 
determine total organic HAP emissions.
    The monthly emission rate for your affected source would be the 
total mass of organic HAP emissions from all controlled and 
uncontrolled coating operations divided by the total volume of coating 
solids used during the compliance period.
    Operating Limits. If you use a capture system and control device, 
the proposed rule would require you to achieve on a continuous basis 
the operating limits you establish during the performance test 
described in section II.F of this preamble. If the continuous 
monitoring shows that the capture system and control device is 
operating outside the range of values established during the 
performance test, then you have deviated from the established operating 
limits.
    If you operate a capture system and control device that allows 
emissions to bypass the control device, you would have to demonstrate 
that HAP emissions from each emission point within the affected source 
are being routed to the control device by monitoring for potential 
bypass of the control device. You may choose from the following four 
monitoring procedures:

    (1) Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device;
    (2) Car-seal or lock-and-key valve closures to secure the bypass 
line valve in the closed position when the control device is 
operating;
    (3) Valve closure continuous monitoring to ensure any bypass 
line valve or damper is closed when the control device is operating; 
or
    (4) Automatic shutdown system to stop the coating operation when 
flow is diverted from the control device. If the bypass monitoring 
procedures indicate that emissions are not routed to the control 
device, then you have deviated from the emission limit.

    Operations During Startup, Shutdown, and Malfunction. If you use a 
capture system and control device for compliance, you would be required 
to develop and operate according to a startup, shutdown, and 
malfunction plan during periods of startup, shutdown, and malfunction 
of the capture system and control device.
    Emissions Reductions Plan for Mixing, Storage, and Waste Handling. 
If you use a capture system and control device for compliance, you 
would be required to develop and operate according to a plan for 
reducing emissions from mixing operations, storage tanks or other 
containers, and waste handling operations. This plan would include a 
description of all steps taken to minimize emissions from these sources 
(e.g., using closed storage containers, practices to minimize emissions 
during filling and transfer of contents from containers, using spill 
minimization techniques, placing solvent-laden cloth in closed 
containers immediately after use, etc.). If you do not develop a plan 
or you do not implement the plan, this would be a deviation from the 
work practice standard.
    We request comment on the proposed continuous compliance 
requirements discussed above.

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

    You would be required to comply with the applicable requirements in 
the NESHAP General Provisions, subpart A of 40 CFR part 63, as 
described in the proposed rule. The General Provisions notification 
requirements include: (1) Initial notifications, (2) notification of 
performance test if you are complying using a capture system and 
control device, (3) notification of compliance status, and (4) 
additional notifications required for affected sources with continuous 
monitoring systems. The General Provisions also require certain records 
and periodic reports.
    Initial Notifications. If the proposed standards apply to you, you 
would be required to send a notification to the EPA Regional Office in 
the region where your facility is located and to your State agency at 
least 1 year before the compliance date for existing sources and within 
120 days after the date of initial startup for new and reconstructed 
sources, or 120 days after publication of the final rule, whichever is 
later. This report notifies us and your State agency that you have an 
existing facility that is subject to the proposed standard or that you 
have constructed a new facility. Thus, it allows you and the permitting 
authority to plan for compliance activities. You would also need to 
send a notification of planned construction or reconstruction of a 
source that would be subject to the rule and apply for approval to 
construct or reconstruct.
    Notification of Performance Test. If you demonstrate compliance by 
using a capture system and control device for which you do not conduct 
a monthly liquid-liquid material balance, you would be required to 
conduct a performance test, as described in section II.F of this 
preamble, no later than the compliance date for your affected source. 
You would be required to notify your EPA Regional Office (or the 
delegated State or local agency) at least 60 calendar days before the 
performance test is scheduled to begin, as indicated in the General 
Provisions for the NESHAP.
    Notification of Compliance Status. Your compliance procedures would 
depend on which compliance option you choose. For each compliance 
option, you would send us a

[[Page 20213]]

Notification of Compliance Status within 30 days after the end of the 
initial compliance period described in section II.F of this preamble. 
In the notification, you would certify whether the affected source has 
complied with the standards, identify the option you used to 
demonstrate initial compliance, summarize the data and calculations 
supporting the compliance demonstration, and describe how you will 
determine continuous compliance.
    If you elect to comply by using a capture system and control device 
for which you conduct performance tests, you must provide the results 
of the tests. Your notification would also include the measured range 
of each monitored parameter and the operating limits established during 
the performance test, and information showing whether the source has 
achieved its operating limits during the initial compliance period.
    Recordkeeping Requirements. You would be required to keep records 
of reported information and all other information necessary to document 
compliance with the proposed rule for 5 years. As required under the 
General Provisions, records for the 2 most recent years would be 
required to be kept on-site; the other 3 years' records could be kept 
off-site. Records pertaining to the design and operation of the control 
and monitoring equipment would have to be kept for the life of the 
equipment.
    Depending on the compliance option that you choose, you could need 
to keep records of the following:
     Organic HAP content, volatile matter content, solids 
content, and quantity of the coatings, thinners, and cleaning materials 
used during each compliance period;
     All documentation supporting initial notifications and 
notifications of compliance status.
    If you demonstrate compliance by using a capture system and control 
device, you would also need to keep records of the following:
     The occurrence and duration of each startup, shutdown, or 
malfunction of the emission capture system and control device;
     All maintenance performed on the capture system and 
control device;
     Actions taken during startup, shutdown, and malfunction 
that are different from the procedures specified in the affected 
source's startup, shutdown, and malfunction plan;
     All information necessary to demonstrate conformance with 
the affected source's startup, shutdown, and malfunction plan when the 
plan procedures are followed;
     All information necessary to demonstrate conformance with 
the affected source's plan for minimizing emissions from mixing, 
storage, and waste handling operations;
     Each period during which a CPMS is malfunctioning or 
inoperative (including out-of-control periods);
     All required measurements needed to demonstrate compliance 
with the standards; and
     All results of performance tests.
    The proposed rule would require you to collect and keep records 
according to certain minimum data requirements for the CPMS. Failure to 
collect and keep the specified minimum data would be a deviation that 
is separate from any emission limit, operating limit, or work practice 
standard.
    Deviations, as determined from these records, would need to be 
recorded and also reported, as described in section II.H of this 
preamble. A deviation is any instance when any requirement or 
obligation established by the proposed rule including, but not limited 
to, the emission limit(s), operating limits, and work practice 
standards, is not met.
    If you use a capture system and control device to reduce HAP 
emissions, you would have to make your startup, shutdown, and 
malfunction plan available for inspection if the Administrator requests 
to see it. It would stay in your records for the life of the affected 
source or until the source is no longer subject to the standards. If 
you revise the plan, you would need to keep the previous superceded 
versions on record for 5 years following the revision.
    Periodic Reports. Each reporting year is divided into two 
semiannual reporting periods. If no deviations occur during a 
semiannual reporting period, you would submit a semiannual report 
stating that the affected source has been in continuous compliance. If 
deviations occur, you would need to document them in the report as 
follows:
     Report each deviation from the monthly emission limit.
     If you are complying by using a thermal oxidizer, report 
all times when a 3-hour average temperature is below the operating 
limit.
     If you are complying by using a catalytic oxidizer, report 
all times when a 3-hour average temperature difference across the 
catalyst bed is below the operating limit, and when a 3-hour average 
combustion temperature before the catalyst bed is below the operating 
limit.
     If you are complying by using oxidizers, or solvent 
recovery systems where liquid-liquid material balances are not 
conducted, report all times when the value of the site-specific 
operating parameter used to monitor the capture system performance was 
less than the operating limit established for the capture system.
     If you are complying by using a carbon adsorber for which 
you do not conduct liquid-liquid material balances, report all times 
when the steam or nitrogen flow is less than, and/or the carbon bed 
temperature is more than, the operating limits.
     If you are complying by using a condenser, report all 
times when a 3-hour average outlet temperature is higher than the 
operating limit.
     If your capture system contains bypass lines that could 
divert emissions from the control device to the atmosphere, report all 
times when emissions were not routed to the control device.
     Report other specific information on the periods of time 
the deviations occurred.
    You would also have to include an explanation in each semiannual 
report if a change occurs that might affect the compliance status of 
the affected source or you change to another option for meeting the 
emission limit.
    Other Reports. You would be required to submit reports for periods 
of startup, shutdown, and malfunction of the capture system and control 
device. If the procedures you follow during any startup, shutdown, or 
malfunction are inconsistent with your plan, you would report those 
procedures with your semiannual reports in addition to the immediate 
reports required by Sec. 63.10(d)(5)(ii).
    We request comment on the proposed notification, recordkeeping, and 
reporting requirements discussed above.

III. Rationale for Selecting the Proposed Standards

A. How Did We Select the Source Category?

    The surface coating of metal furniture is a source category that is 
on the list of source categories to be regulated because it contains 
major sources which emit or have the potential to emit, considering 
controls, at least 10 tons of any one HAP or at least 25 tons of any 
combination of HAP annually. The proposed rule would control HAP 
emissions from both new and existing major sources. Area sources are 
not being regulated under this proposed rule.
    The surface coating of metal furniture as described in the listing 
includes any facility engaged in the surface coating and manufacture or 
repair of metal furniture parts or products (including, but not limited 
to, chairs, tables, cabinets, and bookcases). We use the

[[Page 20214]]

metal furniture product lists contained in the SIC and NAICS code 
descriptions to describe the vast array of metal furniture parts and 
products.
    We intend the source category to include facilities for which the 
surface coating of metal furniture is either their principal activity 
or is an integral part of a production process which is the principal 
activity. Most coating operations are located at plant sites that are 
dedicated to these activities. However, some may be located at sites 
for which some other activity is principal. Collocated surface coating 
operations comparable to the types and sizes of the dedicated 
facilities, in terms of the coating process and applicable emission 
control techniques, are included in the source category.
    The source category does not include research or laboratory 
facilities or janitorial, building, and facility maintenance 
operations.
    The statute gives us discretion to determine if and how to 
subcategorize. Once the floor has been determined for new or 
reconstructed and existing affected sources for a source category or 
subcategory, we must set MACT standards that are no less stringent than 
the MACT floor. Such standards must then be met by all sources within 
the source category or subcategory. A subcategory is a group of similar 
sources within a given source category. As part of the regulatory 
development process, we evaluate the similarities and differences 
between industry segments or groups of facilities comprising a source 
category. In establishing subcategories, we consider factors such as 
process operations (type of operation, raw materials, chemistry/
formulation data, associated equipment, and final products); emission 
characteristics (amount and type of HAP); control device applicability; 
and opportunities for pollution prevention. We may also consider 
existing regulations or guidance from States and other regulatory 
agencies in determining subcategories. The data available to us 
indicate that there are not significant differences across the source 
category in the substrates coated, the coating technologies used, the 
range of HAP content in the coatings and materials used, or the 
applicability of control measures used. Based on this information, we 
believe that subcategories are not warranted for the metal furniture 
surface coating source category. We specifically request comment on 
this view and ask that commenters provide data, information, and 
rationale to support their position.

B. How Did We Select the Regulated Pollutants?

    Organic HAP. Available emission data collected during the 
development of the proposed NESHAP show that the primary organic HAP 
emitted from the surface coating of metal furniture include xylene, 
toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene, and methyl 
ethyl ketone. These compounds account for about 90 percent of this 
category's nationwide organic HAP emissions. However, many other 
organic HAP are used, or can be used, in metal furniture coatings, 
thinners, and cleaning materials. Therefore, the proposed rule would 
regulate emissions of all organic HAP.
    Inorganic HAP. Based on information reported in response to surveys 
during the development of the proposed NESHAP, most of the coatings 
used in this source category do not contain inorganic HAP. 
Approximately 680 coatings were reported in the survey responses from 
the metal furniture industry, and only 2 coatings are reported as 
containing inorganic HAP such as chromium, lead, or manganese 
compounds. These 2 coatings represent less than 0.5 percent of the 
total volume of coatings reported in the survey responses. The 
facilities in this source category using coatings with inorganic HAP 
employ either a waterwash system or dry particulate filters that reduce 
inorganic HAP emissions from the spray booth exhaust. At this time, it 
does not appear that emissions of inorganic HAP from this source 
category warrant Federal regulation.

C. How Did We Select the Affected Source?

    In selecting the affected source(s) for emission standards, our 
primary goal is to ensure that MACT is applied to HAP-emitting 
operations or activities within the source category being regulated. 
The affected source also serves to distinguish where new source MACT 
applies under a particular standard. Specifically, the General 
Provisions in subpart A of 40 CFR part 63 define the terms 
``construction'' and ``reconstruction'' with reference to the term 
``affected source'' (40 CFR 60.2) and provide that new source MACT 
applies when construction or reconstruction of an affected source 
occurs (40 CFR 60.5). The collection of equipment and activities 
evaluated in determining MACT (including the MACT floor) is used in 
defining the affected source.
    When an emission standard is based on a collection of emissions 
sources, or total facility emissions, we select an affected source 
based on that same collection of emission sources, or the total 
facility, as well. This approach for defining the affected source 
broadly is particularly appropriate for industries where a plantwide 
emission standard provides the opportunity and incentive for owners and 
operators to utilize control strategies that are more cost effective 
than if separate standards were established for each emission point 
within a facility.
    Selection of the Affected Source. The affected source for these 
proposed standards is broadly defined to include all operations 
associated with the coating and cleaning of metal furniture and 
cleaning of equipment. These operations include storage and mixing of 
coatings and other materials; surface preparation of the metal 
furniture prior to coating application; coating application and flash-
off, drying and curing of applied coatings; cleaning operations; and 
waste handling operations.
    In selecting the affected source, we considered, for each 
operation, the extent to which HAP-containing materials are used and 
the level of HAP that are emitted. Cleaning and coating application, 
flash-off, and curing/drying operations account for the majority of HAP 
emissions at metal furniture surface coating operations, and most of 
the industry's emission reduction efforts have been focused on these 
areas. Thus, we included these operations in the affected source.
    We were not able to obtain data to adequately quantify HAP 
emissions from storage, mixing, and waste handling. However, solvents 
that are added to coatings as thinners, and other HAP-containing 
additives to coatings, may be emitted during mixing and storage. The 
level of emissions would depend on the type of mixing equipment, the 
type of storage container, and the work practices adopted at the 
facility. Emissions from waste handling operations depend on the type 
of system used to collect and transport organic HAP-containing waste 
coatings, thinners, and cleaning materials in the facility. For 
example, solvent-laden rags that are used to clean spray booths or 
tanks could be a source of HAP emissions. The method used to isolate 
and store such rags would affect the level of emissions to ambient air. 
Mixing, storage, and waste handling operations are included in the 
affected source.
    A broad definition of the affected source was selected to provide 
maximum flexibility in complying with the proposed emission limits for 
organic HAP. In planning its total usage of HAP-

[[Page 20215]]

containing materials, each facility can select among available 
coatings, thinners, and cleaning materials to comply with the proposed 
limits.
    Additional information on the metal furniture surface coating 
operations selected for regulation, and other operations, are included 
in the docket for the proposed standards.

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

    The sections below present the rationale for determining the MACT 
floor, regulatory alternatives beyond the floor, and selection of the 
proposed standards for existing and new affected sources.
    How did we determine the MACT floor technology? After we identify 
the specific source categories or subcategories of sources to regulate 
under section 112, we must develop emission standards for each category 
or subcategory. Section 112 establishes a minimum baseline or ``floor'' 
for standards. For new sources in a category or subcategory, the 
standards cannot be less stringent than the emission control that is 
achieved in practice by the best-controlled similar source (section 
112(d)(3)). 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).
    Within the metal furniture industry, organic HAP emission control 
for cleaning and surface coating operations is accomplished primarily 
through the use of lower-HAP coatings, thinners, and cleaning 
materials. Add-on capture and control systems for organic HAP are 
rarely used by the industry. While lower organic HAP materials are 
broadly used throughout the industry, each particular coating 
technology is not used at every facility. Rather, facilities use 
various combinations of low-HAP coatings, thinners, and cleaning 
materials. Thus, the most reasonable approach to establishing a MACT 
floor appeared to be evaluation of a facility's organic HAP emissions 
from all coating-related operations. To account for differences in 
production levels from one facility to another, we normalized the 
organic HAP emissions by the volume of coating solids used. We believe 
coating solids usage is an appropriate indicator of overall production 
level.
    We used information obtained from industry survey responses to 
estimate the sourcewide organic HAP emissions. We calculated total 
organic HAP emissions by assuming that 100 percent of the volatile 
components in all coatings (including adhesives), thinners, and 
cleaning materials (including surface preparation materials) are 
emitted.
    The survey response information was also used to determine the 
total volume of coating solids used. We included protective and 
functional coatings, as well as adhesives, in this total.
    Using the sourcewide organic HAP emissions and the total volume of 
coating solids used. We calculated the normalized organic HAP emission 
rate in units of kilograms organic HAP per liter of coating solids 
used. The facilities were then ranked from the lowest emission rate to 
the highest. We based this analysis on a total of 49 facilities 
reporting over 9 million liters usage of approximately 680 coatings and 
adhesives, as well as 730,000 liters of cleaning materials.
    A detailed description of the determination of the MACT floor is 
provided in a memo (the MACT floor memo) in the docket for the proposed 
rule. The description includes all the assumptions and it documents the 
methodology that was used. (See ADDRESSES section of this preamble for 
information on the docket). We specifically request comment on the 
methodology used to determine the MACT floor, as summarized below.
    The MACT floor for existing sources was determined by the 
arithmetic mean of the HAP emission rates of the top 12 percent of 49 
facilities, which were the top 6 facilities. This mean value was 0.12 
kg organic HAP/liter of coating solids used (1.0 lb/gal) and represents 
the existing source MACT floor for organic HAP. The survey data showed 
no appreciable differences between the floor facilities and the 
remaining facilities in the database in the substrates coated, the 
coating technologies used, or the applicability of control measures 
across the various operations.
    Using the list of facilities ranked by emission rates, we observed 
that the best controlled source emitted 0.094 kg organic HAP/liter of 
coating solids used (0.78 lb/gal). Before establishing this level of 
emissions as the new source MACT floor, we evaluated the metal 
furniture surface coating operations at this source to determine if the 
coating technology (in terms of the coating type and application 
method) used was transferable throughout the industry. We also 
determined whether the product type produced at this source affected 
the emissions such that the source may not be similar to all other 
sources in the category. For example, a source that coats only interior 
parts could have significantly different requirements and coating 
choices than a source that had the visual and quality requirements 
associated with coating parts for the exterior of the product. We also 
determined that the emission limit represented by the lowest-emitting 
source could be achieved through the use of add-on control devices for 
those facilities electing to use higher organic HAP coatings, thinners, 
and cleaning materials.
    The best-controlled source produces products (metal storage 
cabinets, lockers, and racks) that are not unusual for the industry. 
The source spray applies solvent-based coatings, and all cleaning 
materials used for surface preparation prior to coating are free of 
organic HAP. Coating application equipment is cleaned with solvents 
containing organic HAP. Thus, the source is employing technologies that 
are already in widespread use throughout the metal furniture coating 
industry. We believe that this source is similar to other sources in 
the category and represents the best-controlled source in our database.
    We recognize that some sources may have limited choices in the 
coatings available for their particular application. As a result, 
lower-HAP coatings may not be available to meet the needs of every 
source. However, if the source is also using cleaning materials that 
contain organic HAP, then it may be able to meet the emission limit by 
reformulating these cleaning materials. A source also would have the 
option of using capture systems and control devices to reduce emissions 
although we believe choice of this option is not likely for most 
sources.
    How did we consider beyond-the-floor technology? After the floors 
have been determined for new and existing sources in a source category 
or subcategory, we must set emission standards that are no less 
stringent than the floors. Such standards must then be met by all 
sources within the category or subcategory. We identify and consider 
any reasonable regulatory alternatives that are ``beyond the floor,'' 
taking into account emission reduction, cost, nonair quality health and 
environmental impacts, and energy requirements. These alternatives may 
be different for new and existing sources because of different MACT 
floors, and separate standards may be established for new and existing 
sources.
    We identified three regulatory alternatives more stringent than the 
MACT floor level of control for organic HAP. These alternatives were 
(1)

[[Page 20216]]

conversion to powder coatings; (2) conversion to liquid coatings that 
have a very low, or no, organic HAP content; and (3) use of add-on 
capture systems and control devices.
    Information indicates that several metal furniture surface coating 
facilities have converted to using only powder coatings. Such 
facilities typically produce a single type of product (such as 
warehouse shelving units), do not require unusual finishes, and use a 
small number of colors. Many metal furniture surface coating 
facilities, however, manufacture more than one product and often use a 
wide array of colors. Many also achieve finish types that cannot be 
duplicated with powder coatings.
    Powder coating may not produce the varied surface finishes and 
colors available from liquid coatings. Although powder coatings may be 
somewhat more durable than conventional liquid coatings, specialty 
finishes such as antique and crackle, as well as the palette of 
designer colors offered by some manufacturers, may not be adequately 
duplicated by powder coatings. Consequently, while powder coating is a 
proven technology that can be used in many situations, we do not 
believe it is appropriate to require the use of powder coatings for all 
segments of the metal furniture industry and have not included them in 
our proposal as a beyond-the-floor option.
    Lower organic HAP liquid coatings fall into two primary categories. 
The most common are coatings formulated with solvents that are not 
organic HAP (but may be VOC). The second category are those coatings 
that result from alternate technologies such as Ultraviolet (UV)-
curable coatings and autophoretic coatings. The UV-curable coatings may 
or may not include organic solvents, which may contain HAP or VOC, to 
keep the pigment and other components of the coating in solution until 
curing. Autophoretic coatings use no organic HAP and only small amounts 
of VOC, but they may contain inorganic HAP. These coatings are applied 
using a dip application method where a chemical reaction deposits the 
coating on the surface of the part.
    These lower organic HAP coatings are currently in production use 
but their applicability is limited for this industry. The selection of 
lower organic HAP coatings is limited and is not extensive enough to 
broadly meet the needs of all segments of the metal furniture industry. 
Given the limited applicability of UV-curable and autophoretic coating 
technologies, we do not believe it is feasible to require the use of 
these coating technologies and have not included them in our proposal 
as a beyond-the-floor option for organic HAP.
    It is technically feasible to achieve organic HAP emission rates 
lower than the MACT floor levels through the use of emission capture 
systems and control devices. For example, the use of a permanent total 
enclosure and an oxidizer could further reduce organic HAP emissions 
from typical sources by about 4.2 Mg (4.6 tons) to 31 Mg (34 tons) per 
year. However, the cost of such a system could be approximately $1 
million. We believe that the additional emission reduction would not 
justify the additional cost. Therefore, we have not included the use of 
emission capture and control systems in our proposal as a beyond-the-
floor option.
    How did we select the standards? For existing sources, we based the 
standards on the existing source MACT floor. As described earlier, we 
believe that beyond-the-floor options are not technically or 
economically feasible for all existing sources. For the same reasons, 
we are basing the proposed standards for new sources on the new source 
MACT floor.
    Without having information on the benefits that would be achieved 
by further reducing emissions beyond the floor, we believe that the 
additional emission reductions that could be achieved do not warrant 
the costs that each source could incur. Therefore, we would not require 
beyond-the-floor levels of emission reductions in this proposed rule. 
After implementation of a final MACT rule for this category, we will 
evaluate the health and environmental risks that may be posed as a 
result of exposure to emissions from the metal furniture surface 
coating source category, as required by section 112(f) of the CAA. At 
that time, we will evaluate whether additional controls are warranted 
in light of the available risk information. We specifically request 
comment on our proposal not to base the CAA section 112(d) standards on 
a beyond-the-floor option. A beyond-the-floor option could apply to all 
segments of the metal furniture surface coating source category or to 
only certain segments. Comments supporting our proposed decision not to 
go beyond the floor as well as comments opposing the decision should 
include data, information, and rationale supporting the position of the 
commenter.
    We note here that our assumption, in the development of the MACT 
floors, that 100 percent of the organic HAP in the materials used are 
emitted by the affected source would not apply when the source sends 
waste organic HAP-containing materials to a facility for treatment or 
disposal. We made this assumption because the industry survey responses 
provided little information as to the amount of organic HAP recovered 
and recycled or treated and disposed. We, therefore, believe that this 
practice is not common within the metal furniture industry. We 
recognize, however, that some metal furniture facilities may conduct 
such activities and should be allowed to account for such activities in 
determining their emissions. Thus, the proposed regulation would allow 
you to reduce the affected sourcewide organic HAP emissions by the 
amount of any organic HAP contained in waste treated or disposed at a 
hazardous waste treatment, storage, and disposal facility that is 
regulated under 40 CFR part 262, 264, 265, or 266.

E. How Did We Select the Format of the Standards?

    Numerical emission standards are required by section 112 of the CAA 
unless we determine that it is not feasible to prescribe or enforce an 
emission standard, in which case a design, equipment, work practice, or 
operational standard can be set (section 112(h) of the CAA). The 
formats considered for the proposed standards and the considerations in 
selection of the format are discussed below.
    We selected as the format of the proposed standards for organic 
HAP, mass of organic HAP per volume of coating solids used. The 
performance-based nature of this proposed format would allow metal 
furniture coating operation owners and operators flexibility in 
choosing any combination of means (including coating reformulation, use 
of lower-HAP or non-HAP materials, solvent elimination, work practices, 
and add-on control devices) to comply with the emission limit that is 
workable for their particular situations.
    We selected volume of coating solids as a component of the proposed 
standards to normalize the rate of organic HAP emissions across all 
sizes and types of facilities. We could not normalize by surface area 
due to lack of information. We selected the volume of coating solids 
used because it is directly related to the surface area coated (i.e., 
the average dry film thickness of coatings on most metal furniture 
products is generally consistent) and, therefore, provides an equitable 
basis for all coatings, regardless of differences in coating densities. 
A format based on the mass or weight of coating solids (instead of 
volume) could result in inequitable standards for higher-density 
pigmented coatings, such as basecoats or enamels,

[[Page 20217]]

compared to coatings with lower densities per unit volume.
    Other choices for the format of the standards that we considered, 
but rejected, included a usage limit (mass per unit time) and a never-
to-be-exceeded limit on the organic HAP content of coatings and 
cleaning materials. As it is not our intent to limit a facility's 
production under these proposed standards, we have not proposed a usage 
limit. We also chose not to propose a never-to-be-exceeded limit 
because the availability of all the different kinds of coatings 
required by the metal furniture industry at or below such a limit does 
not appear to be sufficient to meet the needs of all segments of the 
industry.

F. How Did We Select the Testing and Initial Compliance Requirements?

    The proposed standards would allow you to choose among several 
methods to demonstrate compliance with the proposed standards for 
organic HAP: (1) Coatings with low or no organic HAP; (2) an overall 
organic HAP emission rate from all coatings, thinners, and cleaning 
materials that is less than the applicable emission limit; or (3) 
capture systems and control devices.
    Coatings with Low or No Organic HAP. You would be required to 
document the organic HAP content of all coatings and show that each is 
less than the applicable emission limit. You would also have to show 
that each thinner and each cleaning material used contains no organic 
HAP. Method 311 is the method developed by EPA for determining the mass 
fraction of organic HAP in coatings and has been used in previous 
surface coating NESHAP. We have not identified any other methods that 
provide advantages over Method 311 for use in the proposed standards.
    Method 24 is the method developed by EPA for determining the mass 
fraction of volatile matter for coatings and can be used if you choose 
to determine the nonaqueous volatile matter content as a surrogate for 
organic HAP. In past standards, VOC emission control measures have been 
implemented in the coatings industry, with Method 24 as the compliance 
method. We have not identified any other methods that provide 
advantages over Method 24 for use in the proposed standards.
    The proposed requirements for determining volume coating solids 
would allow you to choose between using manufacturer's data or 
measuring the volume with either ASTM Method D2697-86 (1998) or ASTM 
Method D6093-97.
    Overall Organic HAP Emission Rate. To demonstrate compliance using 
this option, you would calculate the organic HAP emission rate for your 
affected source, based on the mass of organic HAP in all coatings, 
thinners, and cleaners and the volume of coating solids used during the 
compliance period, and demonstrate that it does not exceed the 
applicable emission limit. You would document these values using the 
methods discussed previously.
    Capture Systems and Control Devices. If you use a capture system 
and control device, other than a solvent recovery device for which you 
conduct a monthly liquid-liquid material balance, you would be required 
to conduct an initial performance test of the system to determine its 
overall control efficiency. For a solvent recovery system for which you 
conduct a liquid-liquid material balance, you would determine the 
quantity of volatile matter applied in the affected source and the 
quantity recovered during the initial compliance period to determine 
its overall control efficiency. For both cases, the overall control 
efficiency would be combined with the monthly mass of organic HAP in 
the coatings and other materials used in the affected source to derive 
the monthly HAP emission rate in kg HAP/liter of coating solids used. 
If you conduct a performance test, you would also determine parameter 
operating limits during the test. The test methods that the proposed 
standards would require for the performance test (described in section 
II.F of this preamble) have been required under many standards of 
performance for industrial surface coating sources under 40 CFR part 60 
and NESHAP under 40 CFR part 63. We have not identified any other 
methods that provide advantages over these methods.

G. How Did We Select the Continuous Compliance Requirements?

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

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

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

I. How Did We Select the Compliance Date?

    You would be allowed 3 years to comply with the final standards for 
existing affected sources. This is the maximum period allowed by the 
CAA. We believe that 3 years for compliance is necessary to allow 
adequate time to accommodate the variety of compliance methods that 
existing sources may use. Most sources in this category would need this 
3-year maximum amount of time to develop and test reformulated 
coatings, particularly those who may opt to comply using a different 
lower-emitting coating technology. We want to encourage the use of 
these pollution prevention technologies. In addition, time would be 
needed to establish

[[Page 20218]]

records management systems required for enforcement purposes. Sources 
that choose to use emission capture and control systems may need this 
time to purchase and install them and to obtain a permit for the use of 
add-on controls.
    The CAA requires that new or reconstructed affected sources comply 
with standards immediately upon startup or the effective date of the 
final rule, whichever is later.

IV. Summary of Environmental, Energy, and Economic Impacts

    Model plants were developed to aid in the estimation of the impacts 
the MACT floor level of control would have on the metal furniture 
industry. Three model plants distinguished by size, as measured by the 
total volume of coating solids used, were developed. Impacts were then 
developed for each model plant, and these individual impacts were 
scaled to nationwide levels based on the number of facilities 
corresponding to each model plant size. We used the model plant 
approach because we did not have adequate data to determine impacts for 
each actual facility.
    A variety of compliance methods are available to the industry to 
meet the proposed emission limit(s). We analyzed the information 
obtained from the industry survey responses, industry site visits, 
trade groups, and industry representatives to determine which 
compliance methods would most likely be used by existing and new 
sources. We expect that the most widely-used method would be low-HAP 
content liquid coatings (coatings with HAP contents at or below the 
emission limits) and lower-HAP cleaning materials. Powder coatings and 
add-on capture and control systems would likely be used to a lesser 
extent. Various combinations of these methods may be used. For the 
purpose of assessing impacts, we assumed that all existing sources 
would convert to lower-HAP content liquid coatings, thinners, and 
cleaning materials. We assumed that new sources would also use lower-
HAP materials.
    We first estimated the impacts of the proposed emission limits on 
the three model plants. To scale up the model plant impacts to 
nationwide levels, we multiplied the individual model plant impacts by 
the estimated number of major sources in the United States 
corresponding to each model plant size. We used United States Census 
Bureau data as the basis for this estimate, which was a total of 655 
facilities. For more information on how impacts were estimated, see 
Chapters 7 and 8 of the background information document, EPA-453/R-01-
010.

A. What Are the Air Impacts?

    For existing major sources, we estimated that compliance with the 
proposed emission limits would result in a reduction of nationwide 
organic HAP emissions of 13,900 Mg/yr (15,274 tpy). This represents a 
reduction of approximately 70 percent from the baseline organic HAP 
emissions of 20,300 Mg/yr (22,308 tpy).
    The estimated baseline organic HAP emissions for new sources (20 
over the first 5 years after promulgation of the final rule) would be 
approximately 635 Mg (698 tons) in the fifth year. Emissions from new 
sources would be reduced by approximately 465 Mg (511 tons) in the 
fifth year as a result of the proposed standards (73 percent 
reduction).

B. What Are the Cost Impacts?

    An affected source may incur three types of costs to comply with 
the proposed standards: capital, direct, and indirect. Capital costs 
represent the one-time purchase of equipment. We have included 
coatings, thinners, and cleaning materials as direct costs incurred on 
a continuing basis for materials consumed in the manufacturing process. 
The cost of utilities, where applicable, is also included in the direct 
costs. Indirect costs typically include overhead, taxes, insurance, and 
administrative costs, as well as capital recovery costs.
    Existing sources. To comply with the proposed emission limits, we 
estimated that existing facilities would likely use reformulated 
coatings, thinners, and cleaning materials. No capital costs have been 
attributed to these compliance methods. We estimated full costs for 517 
facilities. Approximately 60 facilities would have only recordkeeping 
and reporting costs because these facilities would already be in 
compliance with the proposed standards (based on survey responses). 
Facilities that would achieve area source status before the compliance 
date of the final standards will only incur costs of reading the rule. 
In addition to the direct costs, all affected sources would incur some 
recordkeeping and reporting costs.
    We estimated no incremental costs associated with the use of lower-
HAP coatings and thinners. Only the incremental cost of organic HAP-
free cleaning materials over organic HAP cleaning materials was 
counted. The average annual cost for each facility incurring full costs 
is approximately $26,574. This value includes monitoring, 
recordkeeping, and reporting costs.
    We estimated total nationwide annual costs in the fifth year to 
comply with the proposed emission limits to be $14.8 million for 
existing sources. These costs include $4.66 million direct costs 
associated with material usage and $10.1 million for recordkeeping and 
reporting.
    New Sources. We estimated the number of new major sources based on 
information from industry trade groups. Starting with the anticipated 
annual sales growth for the industry, excluding price increases and 
inflation, we determined the amount of coating capacity that would be 
needed to meet the predicted increase in demand. Based on information 
provided by industry representatives, we assumed that 75 percent of 
this coating capacity could be absorbed by excess capacity at existing 
facilities. The remaining 25 percent increase in capacity was estimated 
to be met by the construction of four new facilities per year for the 
first 5 years after promulgation of the final standards.
    Based on available information, we determined which compliance 
methods will most likely be used by new sources and, therefore, which 
compliance methods to use to estimate the cost impacts. We determined 
that new sources would choose reformulated lower organic HAP content 
materials to meet the new source emission limit.
    For the 20 new facilities anticipated over the 5-year period after 
promulgation of the final standards, annual costs in the fifth year are 
estimated to be $0.6 million. We estimated no incremental costs 
associated with use of lower-HAP coatings and thinners. Only the 
incremental cost of organic HAP-free cleaning materials over organic 
HAP cleaning materials was counted. There are no anticipated capital 
costs.

C. What Are the Economic Impacts?

    We performed an economic impact analysis (EIA) to provide an 
estimate of the facility and market impacts of the proposed standards 
as well as its social costs. In general, we expect the economic impacts 
of the proposed standards to be minimal, with price increases and 
production decreases of less than 0.1 percent. Given the negligible 
market impacts of this proposed rule, the social costs are expected to 
be roughly the same as the estimated engineering compliance costs of 
$14.8 million for existing sources.
    For affected facilities, the distribution of costs is slanted 
toward the lower impact levels with many facilities

[[Page 20219]]

incurring only those related to recordkeeping and reporting. The EIA 
indicates that these regulatory costs are expected to represent only 
0.1 percent of the value of product shipments, which should not cause 
producers to cease or alter their current operations. Hence, no firms 
or facilities are expected to become at risk of closure because of the 
proposed standards. International trade impacts would only occur for 
the metal household furniture segment of the industry, but the small 
price increase (i.e., 0.04 percent) on this segment indicates 
negligible impacts, if any. Based on the projected characteristics and 
costs for new sources, EPA does not expect any differential impacts on 
these sources. For more information, refer to the ``Economic Impact 
Analysis of the Proposed NESHAP: Surface Coating of Metal Furniture'' 
(Docket No. A-97-40).

D. What are the Nonair Health, Environmental, and Energy Impacts?

    Based on information from the industry survey responses, there was 
no indication that the use of low organic HAP content coatings, 
thinners, and cleaning materials would result in any increase or 
decrease in nonair health, environmental, and energy impacts. There 
would be no change in the utility requirements associated with the use 
of these materials, so there would be no change in the amount of energy 
consumed as a result of the material conversion. Also, we estimate that 
there would be no significant change in the amount of materials used or 
the amount of waste produced and there would be no additional energy 
requirements for affected sources.

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. The Executive Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligation of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, OMB has notified 
EPA that it considers this a ``significant regulatory action'' within 
the meaning of the Executive Order. The EPA has submitted the action to 
OMB for review. Changes made in response to OMB suggestions or 
recommendations will be documented in the docket (see ADDRESSES section 
of this preamble).

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' is defined in the 
Executive Order to include regulations that have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''
    Under Section 6 of Executive Order 13132, EPA may not issue a 
regulation that has federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, or EPA 
consults with State and local officials early in the process of 
developing the proposed regulation. The EPA also may not issue a 
regulation that has federalism implications and that preempts State 
law, unless the Agency consults with State and local officials early in 
the process of developing the proposed regulation.
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Pursuant to the terms of 
Executive Order 13132, it has been determined that this rule does not 
have ``federalism implications,'' because it does not meet the 
necessary criteria. Thus, the requirements of section 6 of the 
Executive Order do not apply to this proposed rule.

C. Executive Order 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 proposed 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. No 
tribal governments own or operate metal furniture surface coating 
facilities. 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 (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, the EPA must evaluate the environmental health or safety 
effects of the planned rule on children, and explain why the planned 
regulation is preferable to other potentially effective and reasonably 
feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This proposed rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety

[[Page 20220]]

risks. No children's risk analysis was performed because no alternative 
technologies exist that would provide greater stringency at a 
reasonable cost. Furthermore, this rule has been determined not to be 
``economically significant'' as defined under Executive Order 12866.

E. Executive Order 13211, Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in 
Executive Order 13211, ``Actions Concerning Regulations that 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that this proposed rule is not likely to have any 
adverse energy effects. Affected sources are expected to comply with 
the proposed rule through pollution prevention rather than end-of-pipe 
controls, and therefore, there would be no increase in energy usage.

F. 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, the 
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year. Before promulgating an EPA rule for 
which a written statement is needed, section 205 of the UMRA generally 
requires the 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 the 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 the EPA establishes any regulatory requirements 
that may significantly or uniquely affect small governments, including 
tribal governments, it must have developed under section 203 of the 
UMRA a small government agency plan. The plan must provide for 
notifying potentially affected small governments, enabling officials of 
affected small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annual cost of this 
rule for any year has been estimated to be less than $15.4 million. 
Thus, today's proposed rule is not subject to the requirements of 
sections 202 and 205 of the UMRA. In addition, the EPA has determined 
that this proposed rule contains no regulatory requirements that might 
significantly or uniquely affect small governments. This rule contains 
requirements that may apply to State governments' correctional 
institutions that manufacture or repair metal furniture. However, these 
requirements do not uniquely or significantly affect those 
institutions. Therefore, today's proposed rule is not subject to the 
requirements of section 203 of the UMRA.

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

    The RFA generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to notice and comment 
rulemaking requirements under the Administrative Procedures Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For the purposes of assessing the impacts of today's proposed 
standards on small entities, small entity is defined as: (1) A small 
business ranging from 100-1,000 employees or less than $5 million in 
annual sales (see Table 2); (2) a small governmental jurisdiction that 
is a government of a city, county, town, school district, or special 
district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.

 Table 2.--Small Business Administration (SBA) Small Business Size Standards for Companies Owning Facilities in
                            the Metal Furniture Source Category by NAICS Codes \a, b\
----------------------------------------------------------------------------------------------------------------
         1997  NAICS  code                   Product description              SBA size  standard  (employees)
----------------------------------------------------------------------------------------------------------------
421610............................  Electrical Apparatus and Equipment,   100
                                     Wiring Supplies, and Construction
                                     Material Wholesalers.
337124............................  Metal Household Furniture             500
                                     Manufacturing.
337214............................  Nonwood Office Furniture              500
                                     Manufacturing.
336360............................  Motor Vehicle Fabric Accessories and  500
                                     Seat Manufacturing.
337127............................  Institutional Furniture               500
                                     Manufacturing.
337215............................  Showcase, Partition, Shelving, and    500
                                     Locker Manufacturing.
332951............................  Hardware Manufacturing..............  500
332116............................  Metal Stamping......................  500
332612............................  Wire Spring Manufacturing...........  500
337215............................  Showcase, Partition, Shelving, and    500
                                     Locker Manufacturing.
335121............................  Residential Electric Lighting         500
                                     Fixture Manufacturing.
335122............................  Commercial, Industrial, and           500
                                     Institutional Electric Lighting
                                     Fixture Manufacturing.
339111............................  Laboratory Apparatus and Furniture    500
                                     Manufacturing.
339114............................  Dental Equipment and Supplies         500
                                     Manufacturing.
337211............................  Wood Office Furniture Manufacturing.  500
337212............................  Custom Architectural Woodwork and     500
                                     Millwork Manufacturing.
332312............................  Fabricated Structural Metal           500
                                     Manufacturing (pt).

[[Page 20221]]

 
336391............................  Motor Vehicle Air-Conditioning        750
                                     Manufacturing.
811420............................  Reupholstery and Furniture Repair...  $5 million (sales)
----------------------------------------------------------------------------------------------------------------
\a\ The Agency assumed a small business size definition of 1,000 employees for those companies included in the
  SBREFA analysis without available information on SIC or NAICS code.
\b\ Code of Federal Regulations (CFR). Small Business Size Standards-Part 121. 13-CFR-121. January 2001. As
  obtained from http://www.sba.gov/regulations/part121.pdf>.

    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.
    In accordance with the RFA and SBREFA, the EPA conducted an 
assessment of the proposed standards on small businesses within the 
metal furniture coating industry. Based on Small Business 
Administration size definitions and reported sales and employment data, 
EPA's survey identified 10 of the 24 companies owning metal furniture 
facilities as small businesses. Although small businesses represent 
almost 42 percent of the companies within the source category, they are 
expected to incur 12 percent of the total industry compliance costs. 
Under the proposed standards, the average annual compliance cost share 
of sales for small businesses is 0.18 percent, with two of the ten 
small businesses not expected to incur any additional costs because 
they are permitted as synthetic minor HAP emission sources. In 
addition, small businesses in this industry typically have 5 percent 
profit margins. For more information, consult the docket for this 
project.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA has nonetheless 
worked aggressively to minimize the impact of this proposed rule on 
small entities, consistent with our obligations under the CAA. We 
solicited input from small entities during the data-gathering phase of 
the proposed rulemaking.
    We are proposing compliance options which give small entities 
flexibility in choosing the most cost effective and least burdensome 
alternative for their operation. For example, a facility could purchase 
and use low-HAP coatings (i.e., pollution prevention) that meet the 
proposed standards instead of using add-on capture and control systems. 
This method of compliance can be demonstrated with minimum burden by 
using purchase and usage records. No testing of materials would be 
required, as the facility owner could show that their coatings meet the 
emission limits by providing formulation data supplied by the 
manufacturer.
    We continue to be interested in the potential impacts of the 
proposed rule on small entities and welcome comments on issues related 
to such impacts.

H. Paperwork Reduction Act

    The information collection requirements in the proposed standards 
have been submitted for approval to the OMB under the Paperwork 
Reduction Act, 44 U.S.C. 3501, et seq. An Information Collection 
Request (ICR) document has been prepared by EPA (ICR No. 1952.01) and a 
copy may be obtained from Sandy Farmer by mail at the Collection 
Strategies Division (2822), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460, by email at 
[email protected], or by calling (202) 260-2740. A copy may also be 
downloaded off the internet at http://www.epa.gov/icr. The information 
requirements are not effective until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
owners and operators subject to national emission standards. These 
recordkeeping and reporting requirements are specifically authorized by 
section 114 of the CAA (42 U.S.C. 7414). All information submitted to 
the EPA pursuant to the recordkeeping and reporting requirements for 
which a claim of confidentiality is made is safeguarded according to 
Agency policies set forth in 40 CFR part 2, subpart B.
    The proposed standards would require maintaining records of all 
coatings, thinners, and cleaning materials data and calculations used 
to determine compliance. This information includes the volume used 
during each monthly compliance period, mass fraction organic HAP, 
density, and, for coatings only, volume fraction solids.
    If an add-on control device is used, records must be kept of the 
capture efficiency of the capture system, destruction or removal 
efficiency of the add-on control device, and the monitored operating 
parameters. In addition, records must be kept of each calculation of 
the affected sourcewide emissions for each monthly compliance period 
and all data, calculations, test results, and other supporting 
information used to determine this value.
    The monitoring, recordkeeping, and reporting burden in the fifth 
year after the effective date of the promulgated rule is estimated to 
be approximately 165,000 labor hours at a cost of approximately $11 
million for new and existing sources.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    Under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., the EPA 
must consider the paperwork burden imposed by any information 
collection request in a proposed or final rule.

[[Page 20222]]

    Comments are requested on the Agency's need for this information, 
the accuracy of the provided burden estimates, and any suggested 
methods for minimizing respondent burden, including through the use of 
automated collection techniques. By U.S. Postal Service, send comments 
on the ICR to the Director, Collection Strategies Division; U.S. 
Environmental Protection Agency (2822); 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; or by courier, send comments on the ICR to the 
Director, Collection Strategies Division; U.S. Environmental Protection 
Agency (2822); 401 M Street, SW., Room 925H, West Tower; Washington, 
DC; and to the Office of Information and Regulatory Affairs, Office of 
Management and Budget, 725 17th Street, NW., Washington, DC 20503, 
marked ``Attention: Desk Officer for EPA.'' Include the ICR number in 
any correspondence. Since OMB is required to make a decision concerning 
the ICR between 30 and 60 days after April 24, 2002, a comment to OMB 
is best assured of having its full effect if OMB receives it by May 24, 
2002. The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note), directs all Federal agencies to use voluntary consensus 
standards (VCS) in their regulatory and procurement activities unless 
to do so would be inconsistent with applicable law or otherwise 
impractical. The VCS are technical standards (e.g., material 
specifications, test methods, sampling procedures, business practices, 
etc.) that are developed or adopted by one or more VCS bodies. The 
NTTAA directs EPA to provide Congress, through annual reports to OMB, 
with explanations when EPA does not use available and applicable VCS.
    Consistent with the NTTAA, EPA conducted searches to identify VCS 
for use in emissions monitoring. The search for emissions monitoring 
procedures identified 20 VCS that appeared to have possible use in lieu 
of EPA standard reference methods. However, after reviewing the 
available standards, EPA determined that ten of the candidate consensus 
standards (ASTM D3154-00, ASTM D3271-87, ASTM D3464-96, ASTM D3796-90, 
ASTM D3960-98, ASTM D6053-96, ASTM E337-84, ISO 9096: 1992, PTC 19-10-
1981, and EN 1093-4:1996) identified for measuring emissions of the HAP 
or surrogates subject to the proposed emission standards would not be 
practical due to lack of equivalency, documentation, and validation 
data (Docket A-97-47). Seven of the remaining candidate consensus 
standards (BSR/ASME MFC 13m, ASTM Z6871Z, ISO/DIS 14164, ISO PWI 17895, 
ISO/DIS 11890-1, ISO/DIS 11890-2, and PREN 12619) are under 
development. The EPA plans to follow, review, and consider adopting 
these standards after their development is completed.
    The ASTM 2369-98 is practical for EPA use as an acceptable 
alternative in measuring the volatile matter content of surface 
coatings. This VCS uses the same techniques, equipment, and procedures 
as Method 24. The EPA will incorporate by reference ASTM D2369-98 into 
40 CFR 63.14 in the near future.
    The ASTM D2697-86 (1998) and ASTM D6093-97 are acceptable 
procedures for use in determining the volume fraction of solids for a 
variety of coatings. The EPA will incorporate by reference ASTM D2697-
86 (1998) and ASTM D6093-97 into 40 CFR 63.14 in the near future.
    Six consensus standards: ASTM D1475-98, ASTM D2369-98, ASTM D3792-
99, ASTM D4017-96a, ASTM D4457-85(Reapproved 91), and ASTM D5403-93 are 
already incorporated by reference in EPA Method 24; and five consensus 
standards: ASTM D1979-97, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93, 
and ASTM PS 9-94 are incorporated by reference in EPA Method 311.
    The EPA takes comment on proposed compliance demonstration 
requirements in the proposed standards and specifically invites the 
public to identify potentially-applicable VCS. Commentors should also 
explain why the proposed standards should adopt these VCS in lieu of 
EPA's methods. Emission test methods and performance specifications 
submitted for evaluation should be accompanied with a basis for the 
recommendation, including method validation data and the procedure used 
to validate the candidate method (if method other than Method 301, 40 
CFR part 63, appendix A, was used).
    Sections 63.4964 through 63.4966 of the proposed standards list EPA 
testing methods and performance standards included. Most of the 
standards have been used by States and industry for more than 10 years. 
Nevertheless, any State or source may apply to EPA for permission to 
use alternative methods in place of any of the EPA testing methods or 
performance standards listed.

List of Subjects in 40 CFR Part 63

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

    Dated: March 19, 2002.
Christine Todd Whitman,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

    2. Part 63 is amended by adding subpart RRRR to read as follows:

Subpart RRRR--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Furniture

Sec.

What This Subpart Covers

63.4880   What is the purpose of this subpart?
63.4881   Am I subject to this subpart?
63.4882   What parts of my plant does this subpart cover?
63.4883   When do I have to comply with this subpart?

Emission Limitations

63.4890   What emission limits must I meet?
63.4891   What are my options for meeting the emission limits?
63.4892   What operating limits must I meet?
63.4893   What work practice standards must I meet?

General Compliance Requirements

63.4900   What are my general requirements for complying with this 
subpart?
63.4901   What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.4910   What notifications must I submit?
63.4920   What reports must I submit?
63.4930   What records must I keep?
63.4931   In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.4940   By what date must I conduct the initial compliance 
demonstration?
63.4941   How do I demonstrate initial compliance with the emission 
limitations?
63.4942   How do I demonstrate continuous compliance with the 
emission limitations?

[[Page 20223]]

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

63.4950   By what date must I conduct the initial compliance 
demonstration?
63.4951   How do I demonstrate initial compliance with the emission 
limitations?
63.4952   How do I demonstrate continuous compliance with the 
emission limitations?

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

63.4960   By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.4961   How do I demonstrate initial compliance?
63.4962   How do I determine the organic HAP emission rate for a 
controlled coating operation not using a liquid-liquid material 
balance if I operate it under different sets of representative 
operating conditions?
63.4963   How do I demonstrate continuous compliance with the 
emission limitations?
63.4964   What are the general requirements for performance tests?
63.4965   How do I determine the emission capture system efficiency?
63.4966   How do I determine the add-on control device emission 
destruction or removal efficiency?
63.4967   How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.4968   What are the requirements for continuous parameter 
monitoring system (CPMS) installation, operation, and maintenance?

Other Requirements and Information

63.4980   Who implements and enforces this subpart?
63.4981   What definitions apply to this subpart?

Tables to Subpart RRRR of Part 63

Table 1 to Subpart RRRR of Part 63. Operating Limits if Using the 
Emission Rate with Add-on Controls Option
Table 2 to Subpart RRRR of Part 63. Applicability of General 
Provisions to Subpart RRRR
Table 3 to Subpart RRRR of Part 63. Default Organic HAP Mass 
Fraction for Solvents and Solvent Blends
Table 4 to Subpart RRRR of Part 63. Default Organic HAP Mass 
Fraction for Petroleum Solvent Groups

What This Subpart Covers


Sec. 63.4880  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for metal furniture surface coating facilities. 
This subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations.


Sec. 63.4881  Am I subject to this subpart?

    (a) Except as provided in paragraph (c) of this section, the source 
category to which this subpart applies is surface coating of metal 
furniture.
    (1) Surface coating is the application of coatings to a substrate 
using, for example, spray guns or dip tanks.
    (2) Metal furniture means furniture or components of furniture 
constructed either entirely or partially from metal. Metal furniture 
includes, but is not limited to, components of the following types of 
products as well as the products themselves: household, office, 
institutional, laboratory, hospital, public building, restaurant, 
barber and beauty shop, and dental furniture; office and store 
fixtures; partitions; shelving; lockers; lamps and lighting fixtures; 
and wastebaskets.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.4882, 
in the source category defined in paragraph (a) of this section and 
that is a major source, is located at a major source, or is part of a 
major source of emissions of hazardous air pollutants (HAP). A major 
source of HAP emissions is any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit any single HAP at a rate of 9.07 
megagrams (Mg) (10 tons) or more per year or any combination of HAP at 
a rate of 22.68 Mg (25 tons) or more per year.
    (c) This subpart does not apply to surface coating that meets any 
of the criteria of paragraphs (c)(1) through (5) of this section.
    (1) Surface coating conducted at a source that uses only coatings, 
thinners, and cleaning materials that contain no organic HAP.
    (2) Surface coating of metal components of wood furniture conducted 
in an operation that is subject to the wood furniture manufacturing 
NESHAP in subpart JJ of this part.
    (3) Surface coating that occurs at research or laboratory 
facilities or that is part of janitorial, building, and facility 
maintenance operations.
    (4) Surface coating of only small items such as knobs, hinges, or 
screws that have a wider use beyond metal furniture are not subject to 
this subpart unless the surface coating occurs at a metal furniture 
source.
    (5) Surface coating of metal furniture conducted for the purpose of 
repairing or maintaining metal furniture used by a facility and not for 
commerce is not subject to this subpart, unless organic HAP emissions 
from the surface coating itself are as high as the rates specified in 
paragraph (b) of this section.


Sec. 63.4882  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items 
listed in paragraphs (b)(1) through (4) of this section that are used 
for surface coating of metal furniture:
    (1) All coating operations as defined in Sec. 63.4981;
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a 
coating operation.
    (c) An affected source is a new affected source if you commenced 
its construction after April 24, 2002, and the construction is of a 
completely new metal furniture surface coating facility where 
previously no metal furniture surface coating facility had existed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec. 63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.


Sec. 63.4883  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source 
is specified in paragraphs (a) through (c) of this section. The 
compliance date begins the initial compliance period during which you 
conduct the initial compliance demonstration described in 
Secs. 63.4940, 63.4950, and 63.4960.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is before [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL 
REGISTER], the compliance date is [DATE OF PUBLICATION OF FINAL RULE IN 
THE FEDERAL REGISTER].
    (2) If the initial startup of your new or reconstructed affected 
source occurs after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL 
REGISTER], the compliance date is the date of initial startup of your 
affected source.

[[Page 20224]]

    (b) For an existing affected source, the compliance date is the 
date 3 years after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL 
REGISTER].
    (c) For an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP emissions, 
the compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup or [DATE OF PUBLICATION OF FINAL 
RULE IN THE FEDERAL REGISTER], whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after [DATE OF 
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later.
    (d) You must meet the notification requirements in Sec. 63.4910 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

Emission Limitations


Sec. 63.4890  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere to no more than 0.094 kilogram 
(kg) organic HAP per liter (0.78 pound per gallon (lb/gal)) of coating 
solids used during each compliance period, determined according to the 
procedures in Sec. 63.4941, Sec. 63.4951, or Sec. 63.4961.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than 0.12 kg organic HAP per 
liter (1.0 lb/gal) of coating solids used during each compliance 
period, determined according to the procedures in Sec. 63.4941, 
Sec. 63.4951, or Sec. 63.4961.


Sec. 63.4891  What are my options for meeting the emission limits?

    You must include all coatings, thinners, and cleaning materials 
used in the affected source when determining whether the organic HAP 
emission rate is equal to or less than the applicable emission limit in 
Sec. 63.4890. To make this determination, you must use at least one of 
the three compliance options listed in paragraphs (a) through (c) of 
this section. You may apply any of the compliance options to an 
individual coating operation or to multiple coating operations as a 
group or to the entire affected source. You may use different 
compliance options for different coating operations or at different 
times on the same coating operation. However, you may not use different 
compliance options at the same time on the same coating operation. If 
you switch between compliance options for any coating operation or 
group of coating operations, you must document this switch as required 
by Sec. 63.4930(c), and you must report it in the next semiannual 
compliance report required in Sec. 63.4920.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than 
or equal to the applicable emission limit in Sec. 63.4890 and that each 
thinner and each cleaning material used contains no organic HAP. You 
must meet all the requirements of Secs. 63.4940, 63.4941, and 63.4942 
to demonstrate compliance with the emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation(s), the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit in 
Sec. 63.4890, calculated as a monthly emission rate. You must meet all 
the requirements of Secs. 63.4950, 63.4951, and 63.4952 to demonstrate 
compliance with the emission limit using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation(s), and the emission capture and add-on control 
efficiencies achieved, the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit in 
Sec. 63.4890, calculated as a monthly emission rate. If you use this 
compliance option, you must also demonstrate that all capture systems 
and add-on control devices for the coating operation(s) meet the 
operating limits required in Sec. 63.4892, except for solvent recovery 
systems for which you conduct liquid-liquid material balances according 
to Sec. 63.4961(j); and that you meet the work practice standards 
required in Sec. 63.4893. You must meet all the requirements of 
Secs. 63.4960 through 63.4968 to demonstrate compliance with the 
emission limits, operating limits, and work practice standards using 
this option.


Sec. 63.4892  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec. 63.4961(j), you must meet the operating 
limits specified in Table 1 of this subpart. These operating limits 
apply to the emission capture and control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during the performance test according to the 
procedures in Sec. 63.4967. You must meet the operating limits at all 
times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 1 of this subpart, or wish to monitor an alternative parameter 
and comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under 
Sec. 63.8(f).


Sec. 63.4893  What work practice standards must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any work practice standards.
    (b) If you use the emission rate with add-on controls option, you 
must develop and implement a work practice plan to minimize organic HAP 
emissions from the storage, mixing, and conveying of coatings, 
thinners, and cleaning materials used in, and waste materials generated 
by, the controlled coating operation(s) for which you use this option; 
or you must meet an alternative standard as provided in paragraph (c) 
of this section. The plan must specify practices and procedures to 
ensure that, at a minimum, the elements specified in paragraphs (b)(1) 
through (5) of this section are implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.

[[Page 20225]]

    (4) Mixing vessels which contain organic-HAP-containing coatings 
and other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec. 63.6(g), we, the U.S. Environmental 
Protection Agency (EPA), may choose to grant you permission to use an 
alternative to the work practice standards in this section.

General Compliance Requirements


Sec. 63.4900  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) and (2) of this section.
    (1) Any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, as 
specified in Sec. 63.4891(a) and (b), must be in compliance with the 
applicable emission limit in Sec. 63.4890 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.4891(c), must be 
in compliance with the applicable emission limit in Sec. 63.4890 at all 
times except during periods of startup, shutdown, and malfunction. Each 
controlled coating operation must be in compliance with the operating 
limits for emission capture systems and add-on control devices required 
by Sec. 63.4892 at all times, except during periods of startup, 
shutdown, and malfunction, and except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to 
Sec. 63.4961(j). Each controlled coating operation must be in 
compliance with the work practice standards in Sec. 63.4893 at all 
times.
    (b) You must always operate and maintain your affected source, 
including all air pollution control and monitoring equipment you use 
for purposes of complying with this subpart, according to the 
provisions in Sec. 63.6(e)(1)(i).
    (c) If your affected source uses an emission capture system and 
add-on control device, you must maintain a log detailing the operation 
and maintenance of the emission capture system, add-on control device, 
and continuous parameter monitors during the period between the 
compliance date specified for your affected source in Sec. 63.4883 and 
the date when the initial emission capture system and add-on control 
device performance tests have been completed, as specified in 
Sec. 63.4960. This requirement does not apply to a solvent recovery 
system for which you conduct a liquid-liquid material balance according 
to Sec. 63.4961(j).
    (d) If your affected source uses an emission capture system and 
add-on control device, you must develop and implement a written 
startup, shutdown, and malfunction plan according to the provisions in 
Sec. 63.6(e)(3). The plan must address startup, shutdown, and 
corrective actions in the event of a malfunction of the emission 
capture system or the add-on control device. The plan must also address 
any coating operation equipment that may cause increased emissions or 
that would affect capture efficiency if the process equipment 
malfunctions, such as conveyors that move parts among enclosures.


Sec. 63.4901  What parts of the General Provisions apply to me?

    Table 2 of this subpart shows which parts of the General Provisions 
in Secs. 63.1 through 63.15 apply to you.

Notifications, Reports, and Records


Sec. 63.4910  What notifications must I submit?

    (a) General. You must submit the notifications in Secs. 63.7(b) and 
(c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by 
the dates specified in those sections, except as provided in paragraphs 
(b) and (c) of this section.
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec. 63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup or 120 days after [DATE OF 
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later. 
For an existing affected source, you must submit the Initial 
Notification no later than 1 year after [DATE OF PUBLICATION OF FINAL 
RULE IN THE FEDERAL REGISTER].
    (c) Notification of Compliance Status. You must submit the 
Notification of Compliance Status required by Sec. 63.9(h) no later 
than 30 calendar days following the end of the initial compliance 
period described in Secs. 63.4940, 63.4950, or 63.4960 that applies to 
your affected source. The Notification of Compliance Status must 
contain the information specified in paragraphs (c)(1) through (9) of 
this section and in Sec. 63.9(h).
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Secs. 63.4940, 63.4950, or 63.4960 that applies to your 
affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4891 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description of and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in 
Sec. 63.4890, include all the calculations you used to determine the kg 
organic HAP emitted per liter of coating solids used. You do not need 
to submit information provided by the materials suppliers or 
manufacturers or test reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec. 63.4941(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner, 
and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner, and one cleaning 
material, except that if you use the compliant material option, only 
the example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an 
allowance in Equation 1 of Sec. 63.4951.
    (8) The calculation of kg organic HAP emitted per liter coating 
solids used for the compliance option(s) you used, as specified in 
paragraphs (c)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content (Hc) for one coating, 
using Equation 1 of Sec. 63.4941.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions during the 
initial

[[Page 20226]]

compliance period (He); the calculation of the total volume 
of coating solids used during the initial compliance period 
(Vst); and the calculation of the organic HAP emission rate 
for the initial compliance period (Havg), using Equations 1, 
2, and 3, respectively, of Sec. 63.4951.
    (iii) For the emission rate with add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used during the initial 
compliance period (He), using Equations 1 and 1A through 1C 
of Sec. 63.4951; the calculation of the total volume of coating solids 
used during the initial compliance period (Vst), using 
Equation 2 of Sec. 63.4951; the calculation of the mass of organic HAP 
emission reduction during the initial compliance period by emission 
capture systems and add-on control devices, using Equations 1 and 1A 
through 1D of Sec. 63.4961 for HC, and Equations 2 and 3 of 
Sec. 63.4961 for HCSR, as applicable; and the calculation of 
the organic HAP emission rate (HHAP) for the initial 
compliance period, using either Equation 4 of Sec. 63.4961 or Equation 
1 of Sec. 63.4962, as applicable.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (c)(9)(i) through (iv) 
of this section. The requirements in paragraphs (c)(9)(i) through (iii) 
of this section do not apply to solvent recovery systems for which you 
conduct liquid-liquid material balances according to Sec. 63.4961(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you 
use the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show 
you meet the DQO or LCL criteria in appendix A to subpart KK of this 
part. You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented 
the work practice plan required by Sec. 63.4893.


Sec. 63.4920  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by 
reports required under other parts of the Clean Air Act (CAA), as 
specified in paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec. 63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Secs. 63.4940, 63.4950, or 
63.4960 that applies to your affected source and ends on June 30 or 
December 31, whichever occurs first following the end of the initial 
compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 
or the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (iv) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 71, and if the permitting 
authority has established dates for submitting semiannual reports 
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you 
may submit the first and subsequent compliance reports according to the 
dates the permitting authority has established instead of according to 
the date specified in paragraph (a)(1)(iii) of this section.
    (2) Inclusion with Title V report. Each affected source that has 
obtained a title V operating permit pursuant to 40 CFR part 70 or 71 
must report all deviations as defined in this subpart in the semiannual 
monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If an affected source submits a semiannual 
compliance report pursuant to this section along with, or as part of, 
the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) 
or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual compliance report 
includes all required information concerning deviations from any 
emission limitation in this subpart, its submission shall be deemed to 
satisfy any obligation to report the same deviations in the semiannual 
monitoring report. However, submission of a semiannual compliance 
report shall not otherwise affect any obligation the affected source 
may have to report deviations from permit requirements to the 
permitting authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) 
of this section, and the information specified in paragraphs (a)(4) 
through (7) and (c)(1) of this section that is applicable to your 
affected source.
    (i) Company name and address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (iii) Date of report and beginning and ending dates of the 
reporting period. The reporting period is the 6-month period ending on 
June 30 or December 31.
    (iv) Identification of the compliance option or options specified 
in Sec. 63.4891 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec. 63.4891(b) 
or (c)), the calculation results for each monthly organic HAP emission 
rate during the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations in Secs. 63.4890, 63.4892, and 63.4893 that apply to you, 
the semiannual compliance report must include a statement that there 
were no deviations from the emission limitations during the reporting 
period. If you used the emission rate with add-on controls option and 
there were no periods during which the continuous parameter monitoring 
systems (CPMS) were out-of-control as specified in Sec. 63.8(c)(7), the 
semiannual compliance report must include a statement that there were 
no periods during which the CPMS were out-of-control during the 
reporting period.
    (5) Deviations: compliant material option. If you used the 
compliant material option, and there was a

[[Page 20227]]

deviation from the applicable emission limit in Sec. 63.4890, the 
semiannual compliance report must contain the information in paragraphs 
(a)(5)(i) through (iv) of this section.
    (i) Identification of each coating used that deviated from the 
emission limit, and of each thinner and cleaning material used that 
contained organic HAP, and the dates and time periods each was used.
    (ii) The calculation of the organic HAP content (HC, 
using Equation 1 of Sec. 63.4941) for each coating identified in 
paragraph (a)(5)(i) of this section. You do not need to submit 
background data supporting this calculation, for example, information 
provided by coating suppliers or manufacturers, or test reports.
    (iii) The determination of mass fraction of organic HAP for each 
coating, thinner, and cleaning material identified in paragraph 
(a)(5)(i) of this section. You do not need to submit background data 
supporting this calculation, for example, information provided by 
material suppliers or manufacturers, or test reports.
    (iv) A statement of the cause of each deviation.
    (6) Deviations: emission rate without add-on controls option. If 
you used the emission rate without add-on controls option, and there 
was a deviation from the applicable emission limit in Sec. 63.4890, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iii) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec. 63.4890.
    (ii) The calculations used to determine the organic HAP emission 
rate for the compliance period in which the deviation occurred. You 
must submit the calculations for Equations 1, 1A through 1C, 2, and 3 
in Sec. 63.4951; and if applicable, the calculation used to determine 
Rw according to Sec. 63.4951(e)(4). You do not need to 
submit background data supporting these calculations, for example, 
information provided by materials suppliers or manufacturers, or test 
reports.
    (iii) A statement of the cause of each deviation.
    (7) Deviations: emission rate with add-on controls option. If you 
used the emission rate with add-on controls option, and there was a 
deviation from an emission limitation (including any periods when 
emissions bypassed the add-on control device and were diverted to the 
atmosphere), the semiannual compliance report must contain the 
information in paragraphs (a)(7)(i) through (xiv) of this section. This 
includes periods of startup, shutdown, and malfunction during which 
deviations occurred.
    (i) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec. 63.4890.
    (ii) The calculations used to determine the organic HAP emission 
rate for each compliance period in which a deviation occurred. You must 
provide the calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during the 
compliance period (He), using Equations 1 and 1A through 1C 
of Sec. 63.4951 and, if applicable, the calculation used to determine 
Rw according to Sec. 63.4951(e)(4); the calculation of the 
total volume of coating solids used during the compliance period 
(Vst), using Equation 2 of Sec. 63.4951; the calculation of 
the mass of organic HAP emission reduction during the compliance period 
by emission capture systems and add-on control devices, using Equations 
1 and 1A through 1D of Sec. 63.4961 for HC, and Equations 2 
and 3 of Sec. 63.4961 for HCSR, as applicable; and the 
calculation of the organic HAP emission rate for the compliance period 
(HHAP), using either Equation 4 of Sec. 63.4961 or Equation 
1 of Sec. 63.4962, as applicable. You do not need to submit the 
background data supporting these calculations, for example information 
provided by materials suppliers or manufacturers, or test reports.
    (iii) The date and time that each malfunction started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vii) The date, time, and duration that each CPMS was out-of-
control, including the information in Sec. 63.8(c)(8).
    (viii) The date and time period of each deviation from an operating 
limit in Table 1 of this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 1 of this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 of this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as 
a percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For each deviation from the work practice standards, a 
description of the deviation; the date and time period of the 
deviation; and the actions you took to correct the deviation.
    (xiv) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with 
add-on controls option, you must submit reports of performance test 
results for emission capture systems and add-on control devices no 
later than 60 days after completing the tests as specified in 
Sec. 63.10(d)(2).
    (c) Startup, shutdown, malfunction reports. If you used the 
emission rate with add-on controls option and you had a startup, 
shutdown, or malfunction during the semiannual reporting period, you 
must submit the reports specified in paragraphs (c)(1) and (2) of this 
section.
    (1) If your actions were consistent with your startup, shutdown, 
and malfunction plan, you must include the information specified in 
Sec. 63.10(d) in the semiannual compliance report required by paragraph 
(a) of this section.
    (2) If your actions were not consistent with your startup, 
shutdown, and malfunction plan, you must submit an immediate startup, 
shutdown, and malfunction report as described in paragraph (c)(2)(i) 
and (ii) of this section.
    (i) You must describe the actions taken during the event in a 
report delivered by facsimile, telephone, or other means to the 
Administrator within 2 working days after starting actions that are 
inconsistent with the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in

[[Page 20228]]

Sec. 63.10(d)(5)(ii). The letter must contain the information specified 
in Sec. 63.10(d)(5)(ii).


Sec. 63.4930  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers 
or manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic HAP and density for each 
coating, thinner, and cleaning material and the volume fraction of 
coating solids for each coating. If you conducted testing to determine 
mass fraction of organic HAP, density, or volume fraction of coating 
solids, you must keep a copy of the complete test report. If you use 
information provided to you by the manufacturer or supplier of the 
material that was based on testing, you must keep the summary sheet of 
results provided to you by the manufacturer or supplier. You are not 
required to obtain the test report or other supporting documentation 
from the manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations at which you used each 
compliance option and the time periods (beginning and ending dates and 
times) you used each option.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating (Hc), using 
Equation 1 of Sec. 63.4941.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used during each compliance 
period (He), using Equations 1, 1A through 1C, and 2 of 
Sec. 63.4951 and, if applicable, the calculation used to determine 
Rw according to Sec. 63.4951(e)(4); the calculation of the 
total volume of coating solids used during each compliance period 
(Vst), using Equation 2 of Sec. 63.4951; and the calculation 
of the organic HAP emission rate for each compliance period 
(Havg), using Equation 3 of Sec. 63.4951.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (v) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during each 
compliance period (He), using Equations 1 and 1A through 1C 
of Sec. 63.4951 and, if applicable, the calculation used to determine 
Rw according to Sec. 63.4951(e)(4);
    (ii) The calculation of the total volume of coating solids used 
during each compliance period (Vst), using Equation 2 of 
Sec. 63.4951;
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices, using Equations 
1 and 1A through 1D of Sec. 63.4961 for HC, and Equations 2 
and 3 of Sec. 63.4961 for HCSR, as applicable;
    (iv) The calculation of the organic HAP emission rate for each 
compliance period (HHAP), using either Equation 4 of 
Sec. 63.4961 or Equation 1 of Sec. 63.4962, as applicable.
    (d) A record of the name and volume of each coating, thinner, and 
cleaning material used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner, and cleaning material used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) A record of the density for each coating used during each 
compliance period; and, if you use either the emission rate without 
add-on controls or the emission rate with add-on controls compliance 
option, the density for each thinner and cleaning material used during 
each compliance period.
    (h) If you use an allowance in Equation 1 of Sec. 63.4951 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) 
according to Sec. 63.4951(e)(4), you must keep records of the 
information specified in paragraphs (h)(1) through (3) of this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 1 of Sec. 63.4951, 
a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 
apply to the facility, and the date of each shipment.
    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month or months in which 
you used the allowance for these materials in Equation 1 of 
Sec. 63.4951.
    (3) The methodology used in accordance with Sec. 63.4951(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.
    (i) [Reserved]
    (j) You must keep records of the date, time, and duration of each 
deviation.
    (k) If you use the emission rate with add-on controls option, you 
must keep the records specified in paragraphs (k)(1) through (9) of 
this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of startup, shutdown, or malfunction.
    (2) The records in Sec. 63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 of this subpart that applies to 
you.
    (4) If you operate under multiple operating conditions that affect 
emission capture system efficiency or add-on control device organic HAP 
destruction or removal efficiency, and you are using different emission 
capture system efficiency or add-on control device organic HAP 
destruction or removal efficiency factors for each condition, then you 
must keep records of the data you used to calculate the organic HAP 
emission rate for each compliance period, as described by Equation 1 in 
Sec. 63.4962.
    (5) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec. 63.4965(a).
    (6) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Secs. 63.4964 and 63.4965(b) through (e), 
including the records specified in paragraphs (k)(6)(i) through (iii) 
of this section that apply to you.
    (i) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all

[[Page 20229]]

materials used, during each capture efficiency test run, including a 
copy of the test report. Records of the mass of TVH emissions not 
captured by the capture system that exited the temporary total 
enclosure or building enclosure during each capture efficiency test 
run, as measured by Method 204D or E of appendix M to 40 CFR part 51, 
including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run, as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec. 63.4965(e), if applicable.
    (7) The records specified in paragraphs (k)(7)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.4966.
    (i) Records of each add-on control device performance test 
conducted according to Secs. 63.4964 and 63.4966.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (8) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as 
specified in Sec. 63.4967 and to document compliance with the operating 
limits as specified in Table 1 of this subpart.
    (9) A record of the work practice plan required by Sec. 63.4893 and 
documentation that you are implementing the plan on a continuous basis.


Sec. 63.4931  In what form and for how long must I keep my records?

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

Compliance Requirements for the Compliant Material Option


Sec. 63.4940  By what date must I conduct the initial compliance 
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements in 
Sec. 63.4941. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the calculations according to 
Sec. 63.4941 and supporting documentation showing that, during the 
initial compliance period, you used no coating with an organic HAP 
content that exceeded the applicable emission limit in Sec. 63.4890 and 
you used no thinners or cleaning materials that contained organic HAP.


Sec. 63.4941  How do I demonstrate initial compliance with the emission 
limitations?

    You may use the compliant material option for any individual 
coating operation, for any group of coating operations in the affected 
source, or for all the coating operations in the affected source. You 
must use either the emission rate without add-on controls option or the 
emission rate with add-on controls option for any coating operation in 
the affected source for which you do not use this option. To 
demonstrate initial compliance using the compliant material option, the 
coating operation or group of coating operations must use no coating 
with an organic HAP content that exceeds the applicable emission limit 
in Sec. 63.4890 and must use no thinner or cleaning material that 
contains organic HAP as determined according to this section. Any 
coating operation for which you use the compliant material option is 
not required to meet the operating limits or work practice standards 
required in Secs. 63.4892 and 63.4893, respectively. To demonstrate 
initial compliance with the emission limitations using the compliant 
material option, you must meet all the requirements of this section for 
the coating operation or group of coating operations using this option. 
Use the procedures in this section on each coating, thinner, and 
cleaning material in the condition it is in when it is received from 
its manufacturer or supplier and prior to any alteration. You do not 
need to redetermine the HAP content of cleaning materials that are 
reclaimed and reused onsite provided these materials in their condition 
as received were demonstrated to comply with the compliant material 
option.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner, and cleaning material used during the compliance 
period by using one of the options in paragraphs (a)(1) through (5) of 
this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the 
procedures specified in paragraphs (a)(1)(i) and (ii) of this section 
when performing a Method 311 test.
    (i) Count each organic HAP that is measured to be present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 
percent of the material by mass, you do not have to count it. Express 
the mass fraction of each organic HAP you count as a value truncated to 
four places after the decimal point (for example, 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (for 
example, 0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of non-aqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the

[[Page 20230]]

procedure in Sec. 63.7(f) to submit an alternative test method for 
approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents 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 count it. If there is a disagreement between such information 
and results of a test conducted according to paragraphs (a)(1) through 
(3) of this section, then the test method results will take precedence.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in 
these solvent blends listed in Table 3 or 4 of this subpart. If you use 
the tables, you must use the values in Table 3 for all solvent blends 
that match Table 3 entries, and you may only use Table 4 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 3 and you only know whether the blend is aliphatic or 
aromatic. However, if the results of a Method 311 test indicate higher 
values than those listed on Table 3 or 4 of this subpart, the Method 
311 results will take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by a test or by information provided by 
the supplier or the manufacturer of the material, as specified in 
paragraphs (b)(1) and (2) of this section. If test results obtained 
according to paragraph (b)(1) of this section do not agree with the 
information obtained under paragraph (b)(2) of this section, the test 
results will take precedence.
    (1) ASTM Method D2697-86(1998) or D6093-97. You may use ASTM Method 
D2697-86(1998) or D6093-97 to determine the volume fraction of coating 
solids for each coating. 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.
    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM Method D1475-98 or information from the supplier or manufacturer 
of the material. If there is disagreement between ASTM Method D1475-98 
test results and the supplier's or manufacturer's information, the test 
results will take precedence.
    (d) Calculate the organic HAP content of each coating. Calculate 
HC, the organic HAP content, kg organic HAP per liter 
coating solids, of each coating used during the compliance period, 
using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.000


Where:

HC = organic HAP content of the coating, kg organic HAP 
per liter coating solids.
DC = density of coating, kg coating per liter coating, 
determined according to paragraph (c) of this section.
WC = mass fraction of organic HAP in the coating, kg 
organic HAP per kg coating, determined according to paragraph (a) of 
this section.
VS = volume fraction of coating solids, liter coating 
solids per liter coating, determined according to paragraph (b) of 
this section.

    (e) Compliance demonstration. The calculated organic HAP content, 
HC, for each coating used during the initial compliance 
period must be less than or equal to the applicable emission limit in 
Sec. 63.4890; and each thinner and cleaning material used during the 
initial compliance period must contain no organic HAP, determined 
according to paragraph (a) of this section. You must keep all records 
required by Secs. 63.4930 and 63.4931. As part of the Notification of 
Compliance Status required in Sec. 63.4910, you must identify the 
coating operation(s) for which you used the compliant material option 
and submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the initial compliance 
period because you used no coatings for which the organic HAP content 
exceeded the applicable emission limit in Sec. 63.4890, and you used no 
thinners or cleaning materials that contained organic HAP.


Sec. 63.4942  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) For each compliance period, to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content, 
HC, determined using Equation 1 of Sec. 63.4941, exceeds the 
applicable emission limit in Sec. 63.4890, and use no thinner or 
cleaning material that contains organic HAP, determined according to 
Sec. 63.4941(a). Each month following the initial compliance period 
described in Sec. 63.4940 is a compliance period.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner, or 
cleaning material that does not meet the criteria specified in 
paragraph (a) of this section is a deviation from the emission 
limitations that must be reported as specified in Secs. 63.4910(c)(6) 
and 63.4920(a)(5).
    (c) As part of each semiannual compliance report required by 
Sec. 63.4920, you must identify the coating operation(s) for which you 
used the compliant material option. If there were no deviations from 
the emission limitations in Sec. 63.4890, submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because you used no coating for 
which the organic HAP content exceeded the applicable emission limit in 
Sec. 63.4890 and you used no thinner or cleaning material that 
contained organic HAP.
    (d) You must maintain records as specified in Secs. 63.4930 and 
63.4931.

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


Sec. 63.4950  By what date must I conduct the initial compliance 
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of 
Sec. 63.4951. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the calculations showing that the 
organic HAP emission rate for the initial compliance period was equal 
to or less than the applicable emission limit in Sec. 63.4890.


Sec. 63.4951  How do I demonstrate initial compliance with the emission 
limitations?

    You may use the emission rate without add-on controls option for 
any individual coating operation, for any

[[Page 20231]]

group of coating operations in the affected source, or for all the 
coating operations in the affected source. You must use either the 
compliant material option or the emission rate with add-on controls 
option for any coating operation in the affected source for which you 
do not use this option. To demonstrate initial compliance using the 
emission rate without add-on controls option, the coating operation or 
group of coating operations must meet the applicable emission limit in 
Sec. 63.4890, but is not required to meet the operating limits or work 
practice standards in Secs. 63.4892 and 63.4893, respectively. You must 
meet all the requirements of this section to demonstrate initial 
compliance with the applicable emission limit in Sec. 63.4890 for the 
coating operation(s). When calculating the organic HAP emission rate 
according to this section, do not include any coatings, thinners, or 
cleaning materials used on coating operations for which you use the 
compliant material option or the emission rate with add-on controls 
option. You do not need to include organic HAP in coatings, thinners, 
or cleaning materials that are reclaimed and reused in the coating 
operation for which you use the emission rate without add-on controls 
option.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner, 
and cleaning material used during the compliance period according to 
the requirements in Sec. 63.4941(a).
    (b) Determine the volume fraction of coating solids for each 
coating. Determine the volume fraction of coating solids for each 
coating used during the compliance period according to the requirements 
in Sec. 63.4941(b).
    (c) Determine the density of each material. Determine the density 
of each coating, thinner, and cleaning material used during the 
compliance period according to the requirements in Sec. 63.4941(c) from 
test results using ASTM Method D1475-98, information from the supplier 
or manufacturer of the material, or reference sources providing density 
or specific gravity data for pure materials. If there is disagreement 
between ASTM Method D1475-98 test results and such other information 
sources, the test results will take precedence.
    (d) Determine the volume of each material used. Determine the 
volume (liters) of each coating, thinner, and cleaning material used 
during the compliance period by measurement or usage records.
    (e) Calculate the mass of organic HAP emissions. The mass of 
organic HAP emissions, He, is the combined mass of organic 
HAP contained in all coatings, thinners, and cleaning materials used 
during the compliance period minus the organic HAP in certain waste 
materials. Calculate He using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.001


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

    (1) Calculate A, the kg organic HAP in the coatings used during the 
compliance period using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.002


Where:
A = total mass of organic HAP in the coatings used during the 
compliance period, kg.
Volc,i = total volume of coating, i, used during the 
compliance period, liters.
Dc,i = density of coating, i, kg coating per liter 
coating.
Wc,i = mass fraction of organic HAP in coating, i, kg 
organic HAP per kg coating.
m = number of different coatings used during the compliance period.

    (2) Calculate B, the kg of organic HAP in the thinners used during 
the compliance period using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.003

Where:

B = total mass of organic HAP in the thinners used during the 
compliance period, kg.
Volt,j = total volume of thinner, j, used during the 
compliance period, liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg 
organic HAP per kg thinner.
n = number of different thinners used during the compliance period.

    (3) Calculate C, the kg organic HAP in the cleaning materials used 
during the compliance period using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.004

Where:

C = total mass of organic HAP in the cleaning materials used during 
the compliance period, kg.
Vols,k = total volume of cleaning material, k, used 
during the compliance period, liters.
Ds,k = density of cleaning material, k, kg per liter.
Ws,k = mass fraction of organic HAP in cleaning material, 
k, kg organic HAP per kg material.
p = number of different cleaning materials used during the 
compliance period.

    (4) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF (Rw) in the calculation of He (Equation 1 of 
this section), then you must determine Rw according to 
paragraphs (e)(4)(i) through (iv) of this section.
    (i) You may include in the determination of Rw only 
waste materials that are generated by coating operations for which you 
use Equation 1 of this section and that will be treated or disposed of 
by a facility regulated as a TSDF under 40 CFR part 262, 264, 265, or 
266. The TSDF may be either off-site or on-site. You may not include in 
Rw the organic HAP contained in wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the compliance period or the amount collected and 
stored during the compliance period and designated for future transport 
to a TSDF. Do not include in your determination of Rw any 
waste materials sent to a TSDF during a compliance period if you have 
already

[[Page 20232]]

included them in the amount collected and stored during that or a 
previous compliance period.
    (iii) Determine the total mass of organic HAP contained in the 
waste materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You may use any reasonable methodology to determine the amount 
of waste materials and the total mass of organic HAP they contain, and 
you must document your methodology as required in Sec. 63.4930(h). To 
the extent that waste manifests include this information, they may be 
used as part of the documentation of the amount of waste materials and 
mass of organic HAP contained in them.
    (f) Calculate the total volume of coating solids used. Determine 
Vst, the total volume of coating solids used, liters, which 
is the combined volume of coating solids for all the coatings used 
during the compliance period, using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.005

Where:

Vst = total volume of coating solids used during the 
compliance period, liters.
Volc,i = total volume of coating, i, used during the 
compliance period, liters.
Vs,i = volume fraction of coating solids for coating, i, 
liter solids per liter coating, determined according to 
Sec. 63.4941(b).
m = number of coatings used during the compliance period.

    (g) Calculate the organic HAP emission rate. Calculate 
Havg, the organic HAP emission rate for the compliance 
period, kg organic HAP per liter coating solids used, using Equation 3 
of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.006

Where:

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

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period, Havg, must be less than or equal 
to the applicable emission limit in Sec. 63.4890. You must keep all 
records as required by Secs. 63.4930 and 63.4931. As part of the 
Notification of Compliance Status required by Sec. 63.4910, you must 
identify the coating operation(s) for which you used the emission rate 
without add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in 
Sec. 63.4890, determined according to this section.


Sec. 63.4952  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, determined according to 
Sec. 63.4951(a) through (g), must be less than or equal to the 
applicable emission limit in Sec. 63.4890. Each month following the 
initial compliance period described in Sec. 63.4950 is a compliance 
period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec. 63.4890, this is a 
deviation from the emission limitations for that compliance period and 
must be reported as specified in Secs. 63.4910(c)(6) and 63.4920(a)(6).
    (c) As part of each semiannual compliance report required by 
Sec. 63.4920, you must identify the coating operation(s) for which you 
used the emission rate without add-on controls option. If there were no 
deviations from the emission limitations, you must submit a statement 
that the coating operation(s) was (were) in compliance with the 
emission limitations during the reporting period because the organic 
HAP emission rate for each compliance period was less than or equal to 
the applicable emission limit in Sec. 63.4890.
    (d) You must maintain records as specified in Secs. 63.4930 and 
63.4931.

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


Sec. 63.4960  By what date must I conduct performance tests and other 
initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec. 63.4883. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to 
Sec. 63.4961(j), you must conduct a performance test of each capture 
system and add-on control device according to Secs. 63.4964, 63.4965, 
and 63.4966, and establish the operating limits required by 
Sec. 63.4892, no later than 180 days after the applicable compliance 
date specified in Sec. 63.4883. For a solvent recovery system for which 
you conduct liquid-liquid material balances according to 
Sec. 63.4961(j), you must initiate the first material balance no later 
than 180 days after the applicable compliance date specified in 
Sec. 63.4883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4893 no later than the compliance date specified in 
Sec. 63.4883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of 
Sec. 63.4961. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the results of emission capture 
system and add-on control device performance tests conducted according 
to Secs. 63.4964, 63.4965, and 63.4966; results of liquid-liquid 
material balances conducted according to Sec. 63.4961(j); calculations 
showing whether the organic HAP emission rate for the initial 
compliance period was equal to or less than the emission limit in 
Sec. 63.4890(a); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec. 63.4968; and documentation of whether you 
developed and implemented the work practice plan required by 
Sec. 63.4893.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by 
Sec. 63.4892 until after you have completed the performance tests 
specified in paragraph (a)(1) of this section. Instead, you must 
maintain a log detailing the operation and maintenance of the emission 
capture system, add-on control device, and continuous parameter 
monitors during the period between the compliance date and the 
performance test. You must begin complying with the operating limits 
for your affected source on the date you complete the performance tests 
specified in paragraph (a)(1) of this section. The requirements in this 
paragraph do not apply to solvent recovery systems for which you 
conduct liquid-liquid material balances.
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in

[[Page 20233]]

Sec. 63.4883. Except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec. 63.4961(j), you must 
conduct a performance test of each capture system and add-on control 
device according to the procedures in Secs. 63.4964, 63.4965, and 
63.4966, and establish the operating limits required by Sec. 63.4892, 
no later than the compliance date specified in Sec. 63.4883. For a 
solvent recovery system for which you conduct liquid-liquid material 
balances according to Sec. 63.4961(j), you must initiate the first 
material balance no later than the compliance date specified in 
Sec. 63.4883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4893 no later than the compliance date specified in 
Sec. 63.4883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of 
Sec. 63.4961. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the results of emission capture 
system and add-on control device performance tests conducted according 
to Secs. 63.4964, 63.4965, and 63.4966; results of liquid-liquid 
material balances conducted according to Sec. 63.4961(j); calculations 
showing whether the organic HAP emission rate for the initial 
compliance period was equal to or less than the emission limit in 
Sec. 63.4890(b); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec. 63.4968; and documentation of whether you 
developed and implemented the work practice plan required by 
Sec. 63.4893.


Sec. 63.4961  How do I demonstrate initial compliance?

    (a) When add-on controls are used. You may use the emission rate 
with add-on controls option for any coating operation, for any group of 
coating operations in the affected source, or for all of the coating 
operations in the affected source. You may include both controlled and 
uncontrolled coating operations in a group for which you use this 
option. You must use either the compliant material option or the 
emission rate without add-on controls option for any coating operation 
in the affected source for which you do not use the emission rate with 
add-on controls option. To demonstrate initial compliance, the coating 
operation(s) for which you use the emission rate with add-on controls 
option must meet the applicable emission limit in Sec. 63.4890, and 
each controlled coating operation must meet the operating limits and 
work practice standards required in Secs. 63.4892 and 63.4893, 
respectively. You must meet all the requirements of this section to 
demonstrate initial compliance with the emission limitations. When 
calculating the organic HAP emission rate according to this section, do 
not include any coatings, thinners, or cleaning materials used on 
coating operations for which you use the compliant material option or 
the emission rate without add-on controls option.
    (b) Compliance with operating limits. Except as provided in 
Sec. 63.4960(a)(4), you must establish and demonstrate continuous 
compliance during the initial compliance period with the operating 
limits required by Sec. 63.4892, using the procedures specified in 
Secs. 63.4967 and 63.4968.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.4893 during the initial compliance period, as 
specified in Sec. 63.4930.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (n) of this section to demonstrate compliance 
with the applicable emission limit in Sec. 63.4890.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec. 63.4951(a) through (d) to determine the mass fraction 
of organic HAP, density, and volume of each coating, thinner, and 
cleaning material used during the compliance period; and the volume 
fraction of coating solids for each coating used during the compliance 
period.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.4951, calculate the total mass of 
organic HAP emissions before add-on controls from all coatings, 
thinners, and cleaning materials used during the compliance period, 
He.
    (g) Calculate the organic HAP emission reduction for each 
controlled coating operation. Determine the mass of organic HAP 
emissions reduced for each controlled coating operation during the 
compliance period. The emission reduction determination quantifies the 
total organic HAP emissions that pass through the emission capture 
system and are destroyed or removed by the add-on control device. Use 
the procedures in paragraph (h) of this section to calculate the mass 
of organic HAP emission reduction for each controlled coating operation 
using an emission capture system and add-on control device other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances. For each controlled coating operation using a solvent 
recovery system for which you conduct a liquid-liquid material balance, 
use the procedures in paragraph (j) of this section to calculate the 
organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for controlled 
coating operations not using liquid-liquid material balance, 
HC. For each controlled coating operation using an emission 
capture system and add-on control device other than a solvent recovery 
system for which you conduct liquid-liquid material balances, calculate 
HC, using Equation 1 of this section. The calculation of 
HC applies the emission capture system efficiency and add-on 
control device efficiency to the mass of organic HAP contained in the 
coatings, thinners, and cleaning materials that are used in the coating 
operation served by the emission capture system and add-on control 
device during the compliance period. For any period of time a deviation 
specified in Sec. 63.4963(c) or (d) occurs in the controlled coating 
operation, including a deviation during a period of startup, shutdown, 
or malfunction, you must assume zero efficiency for the emission 
capture system and add-on control device. Equation 1 of this section 
treats the materials used during such a deviation as if they were used 
on an uncontrolled coating operation for the time period of the 
deviation:
[GRAPHIC] [TIFF OMITTED] TP24AP02.007


[[Page 20234]]


Where:

HC = mass of organic HAP emission reduction for the 
controlled coating operation during the compliance period, kg.
AI = total mass of organic HAP in the coatings used in 
the controlled coating operation during the compliance period, 
excluding coatings used during deviations, kg, as calculated in 
Equation 1A of this section.
BI = total mass of organic HAP in the thinners used in 
the controlled coating operation during the compliance period, 
excluding thinners used during deviations, kg, as calculated in 
Equation 1B of this section.
CI = total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the compliance 
period, excluding cleaning materials used during deviations, kg, as 
calculated in Equation 1C of this section.
CE = capture efficiency of the emission capture system vented to the 
add-on control device, percent. Use the test methods and procedures 
specified in Secs. 63.4964 and 63.4965 to measure and record capture 
efficiency.
DRE = organic HAP destruction or removal efficiency of the add-on 
control device, percent. Use the test methods and procedures in 
Secs. 63.4964 and 63.4966 to measure and record the organic HAP 
destruction or removal efficiency.
Hunc = total mass of organic HAP in the coatings, 
thinners, and cleaning materials used during all deviations 
specified in Sec. 63.4963(c) and (d) that occurred during the 
compliance period in the controlled coating operation, kg, as 
calculated in Equation 1D of this section.

    (1) Calculate AI, the mass of organic HAP in the 
coatings used in the controlled coating operation, kg, using Equation 
1A of this section. Do not include in the calculation of AI 
the coatings used during any deviation specified in Sec. 63.4963(c) or 
(d) that occurred during the month. Include such coatings in the 
calculation of Hunc in Equation 1D of this section.
[GRAPHIC] [TIFF OMITTED] TP24AP02.008


Where:
 AI = total mass of organic HAP in the coatings used in 
the controlled coating operation during the compliance period, 
excluding coatings used during deviations, kg.
Volc,i = total volume of coating, i, used during the 
compliance period except during deviations, liters.
Dc,i = density of coating, i, kg per liter.
Wc,i = mass fraction of organic HAP in coating, i, kg per 
kg.
m = number of different coatings used.

    (2) Calculate BI, the mass of organic HAP in the 
thinners used in the controlled coating operation, kg, using Equation 
1B of this section. Do not include in the calculation of BI 
the thinners used during any deviation specified in Sec. 63.4963(c) or 
(d) that occurred during the month. Include such coatings in the 
calculation of Hunc in Equation 1D of this section.
[GRAPHIC] [TIFF OMITTED] TP24AP02.009

Where:
BI = total mass of organic HAP in the thinners used in 
the controlled coating operation during the compliance period, 
excluding thinners used during deviations, kg.
Volt,j = total volume of thinner, j, used during the 
compliance period except during deviations, liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg per 
kg.
n = number of different thinners used.

    (3) Calculate CI, the mass of organic HAP in the 
cleaning materials used in the controlled coating operation, kg, using 
Equation 1C of this section. Do not include in the calculation of 
CI the cleaning materials used during any deviation 
specified in Sec. 63.4963(c) or (d) that occurred during the compliance 
period. Include such cleaning materials in the calculation of 
Hunc in Equation 1D of this section.
[GRAPHIC] [TIFF OMITTED] TP24AP02.010

Where:
CI = total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the compliance 
period, excluding cleaning materials used during deviations, kg.
Vols,k = total volume of cleaning material, k, used 
during the compliance period except during deviations, liters.
Ds,k = density of cleaning material, k, kg per liter.
Ws,k = mass fraction of organic HAP in cleaning material, 
k, kg per kg.
p = number of different cleaning materials used.

    (4) Calculate Hunc, the mass of organic HAP in the 
coatings, thinners, and cleaning materials used in the controlled 
coating operation during deviations specified in Sec. 63.4963(c) and 
(d), using Equation 1D of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.011

Where:

Hunc = total mass of organic HAP in the coatings, 
thinners, and cleaning materials used during all deviations 
specified in Sec. 63.4963(c) and (d) that occurred during the 
compliance period in the controlled coating operation, kg.
Volh = total volume of coating, thinner, or cleaning 
material, h, used in the controlled coating operation during 
deviations, liters.
Dh = density of coating, thinner, or cleaning material, 
h, kg per liter.
Wh = mass fraction of organic HAP in coating, thinner, or 
cleaning material, h, kg organic HAP per kg coating.
q = number of different coatings, thinning solvents, or cleaning 
materials.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for controlled 
coating operations using liquid-liquid material balance, HCSR. 
For each controlled coating operation using a solvent recovery system 
for which you conduct liquid-liquid material balances,

[[Page 20235]]

calculate HCSR by applying the volatile organic matter 
collection and recovery efficiency to the mass of organic HAP contained 
in the coatings, thinners, and cleaning materials that are used in the 
coating operation controlled by the solvent recovery system during the 
compliance period. Perform a liquid-liquid material balance for each 
compliance period as specified in paragraphs (j)(1) through (6) of this 
section. Calculate the mass of organic HAP emission reduction by the 
solvent recovery system as specified in paragraph (j)(7) of this 
section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each compliance period. The 
device must be initially certified by the manufacturer to be accurate 
to within 2.0 percent of the mass of volatile organic 
matter recovered.
    (2) For each solvent recovery system, determine the mass, 
MVR, of volatile organic matter recovered for the compliance 
period, kg, based on measurement with the device required in paragraph 
(j)(1) of this section.
    (3) Determine the mass fraction, CV, of volatile organic 
matter for each coating, thinner, and cleaning material used in the 
coating operation controlled by the solvent recovery system during the 
compliance period, kg volatile organic matter per kg coating. You may 
determine the volatile organic matter mass fraction using Method 24 of 
40 CFR part 60, appendix A, or an EPA approved alternative method, or 
you may use information provided by the manufacturer or supplier of the 
coating. In the event of any inconsistency between information provided 
by the manufacturer or supplier and the results of Method 24 of 40 CFR 
part 60, appendix A, or an approved alternative method, the test method 
results will govern.
    (4) Determine the density of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period, kg per liter, according 
to Sec. 63.4951(c).
    (5) Measure the volume of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period, liters.
    (6) Calculate the solvent recovery system's volatile organic matter 
collection and recovery efficiency, RV, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.012

Where:

RV = volatile organic matter collection and recovery 
efficiency of the solvent recovery system during the compliance 
period, percent.
MVR = mass of volatile organic matter recovered by the 
solvent recovery system during the compliance period, kg.
Voli = volume of coating, i, used in the coating 
operation controlled by the solvent recovery system during the 
compliance period, liters.
Di = density of coating, i, kg per liter.
WVc,i = mass fraction of volatile organic matter for 
coating, i, kg volatile organic matter per kg coating.
Volj = volume of thinner, j, used in the coating 
operation controlled by the solvent recovery system during the 
compliance period, liters.
Dj = density of thinner, j, kg per liter.
WVt,j = mass fraction of volatile organic matter for 
thinner, j, kg volatile organic matter per kg thinner.
Volk = volume of cleaning material, k, used in the 
coating operation controlled by the solvent recovery system during 
the compliance period, liters.
Dk = density of cleaning material, k, kg per liter.
WVs,k = mass fraction of volatile organic matter for 
cleaning material, k, kg volatile organic matter per kg cleaning 
material.
m = number of different coatings used in the coating operation 
controlled by the solvent recovery system during the compliance 
period.
n = number of different thinners used in the coating operation 
controlled by the solvent recovery system during the compliance 
period.
p = number of different cleaning materials used in the coating 
operation controlled by the solvent recovery system during the 
compliance period.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
compliance period, HCSR, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.013

Where:

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

    (k) Calculate the total volume of coating solids used. Determine 
Vst, the total volume of coating solids used, liters, which 
is the combined volume of coating solids for all the coatings used 
during the compliance period, using Equation 2 of Sec. 63.4951.
    (l) Calculate the organic HAP emissions rate. Determine 
HHAP, the organic HAP emission rate to the atmosphere, kg 
organic HAP per liter coating solids used during the compliance period, 
using either Equation 4 of this section or Equation 1 of Sec. 63.4962.

[[Page 20236]]

[GRAPHIC] [TIFF OMITTED] TP24AP02.014

Where:

HHAP = organic HAP emission rate for the compliance 
period, kg.
He = total mass of organic HAP emissions before add-on 
controls from all the coatings, thinners, and cleaning materials 
used during the compliance period, kg, determined according to 
paragraph (f) of this section.
HC,i = total mass of organic HAP emission reduction for 
controlled coating operation, i, not using liquid-liquid material 
balances, during the compliance period, kg, from Equation 1 of this 
section.
HCSR,j = total mass of organic HAP emission reduction for 
controlled coating operation, j, using a liquid-liquid material 
balance, during the compliance period, kg, from Equation 3 of this 
section.
Vst = total volume of coating solids used during the 
compliance period, liters, from Equation 2 of Sec. 63.4951.
q = number of controlled coating operations except those controlled 
with a solvent recovery system.
r = number of coating operations controlled with a solvent recovery 
system.

    (m) Compliance demonstration. To demonstrate initial compliance 
with the emission limit, HHAP, calculated using either 
Equation 4 of this section or Equation 1 of Sec. 63.4962, must be less 
than or equal to the applicable emission limit in Sec. 63.4890. You 
must keep all records as required by Secs. 63.4930 and 63.4931. As part 
of the Notification of Compliance Status required by Sec. 63.4910, you 
must identify the coating operation(s) for which you used the emission 
rate with add-on controls option and submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the initial compliance period because the organic 
HAP emission rate was less than or equal to the applicable emission 
limit in Sec. 63.4890, and you achieved the operating limits required 
by Sec. 63.4892 and the work practice standards required by 
Sec. 63.4893.


Sec. 63.4962  How do I determine the organic HAP emission rate for a 
controlled coating operation not using a liquid-liquid material balance 
if I operate it under different sets of representative operating 
conditions?

    (a) This section applies only to controlled coating operations for 
which you do not conduct liquid-liquid material balances to demonstrate 
compliance. If you operate such a controlled coating operation, its 
emission capture system, or its add-on control device at multiple sets 
of representative operating conditions that result in different capture 
system or add-on control device efficiencies during a compliance 
period, you must determine the organic HAP emission rate according to 
either paragraph (b) or (c) of this section. The cases described in 
paragraphs (a)(1) and (2) of this section are examples of such 
operating conditions.
    (1) You use a single add-on control device to reduce emissions from 
two or more coating operations and the number of coating operations 
vented to the add-on control device is variable during the compliance 
period. This case also includes situations where you have more than one 
capture device on the same coating operation and the number of capture 
devices vented to the add-on control device is changed during the 
compliance period.
    (2) The coatings or cleaning materials you apply or the products to 
which you apply them differ during the compliance period, and the 
differences in resulting emissions are such that the emission capture 
efficiency or add-on control device efficiency changes. This case 
includes a change in the shape or size of the product coated such that 
there is a change in capture efficiency of the capture system. This 
case also includes a change in the materials that results in an inlet 
concentration to the add-on control device that is sufficiently lower 
such that the percent reduction the add-on control device can achieve 
changes, or a change in the volatility of the organic HAP in the 
materials used such that a lower proportion of the HAP is captured by 
the capture system and a higher amount is not captured by the capture 
system.
    (b) If you conduct performance tests under the representative 
operating conditions that are expected to result in the lowest emission 
capture system and add-on control device efficiencies, as allowed under 
Sec. 63.4964(b)(2), then determine the organic HAP emission rate 
according to the procedures and equations in Sec. 63.4961. You do not 
need to follow paragraph (c) of this section.
    (c) If you conduct performance tests under multiple sets of 
representative operating conditions to establish different emission 
capture system and add-on control device efficiencies for each set of 
operating conditions, as allowed under Sec. 63.4964(b)(1), then 
determine the organic HAP emission rate according to paragraphs (c)(1) 
and (2) of this section.
    (1) You must use Equation 1 of this section for determining HHAP, 
the organic HAP emission rate, kg organic HAP emitted per liter coating 
solids used:
[GRAPHIC] [TIFF OMITTED] TP24AP02.015

Where:

HHAP = organic HAP emission rate for the compliance 
period, kg organic HAP per liter coating solids.
He = total mass of organic HAP emissions before add-on 
controls from all coatings, thinners, and cleaning materials used 
during the compliance period, kg, determined according to 
Sec. 63.4961(f).
HC,i1, 
HC,i2,HC,in = total mass 
of organic HAP emission reduction, kg, for controlled coating 
operation, i, while operating under each operating condition, n, 
during the compliance period, from Equation 1 of Sec. 63.4961.
HCSR,j = total mass of organic HAP emission reduction, 
kg, for controlled coating operation, j, using a liquid-liquid 
material balance during the compliance period, from Equation 3 of 
Sec. 63.4961.
Vst = total volume of coating solids used during the 
compliance period, liters, from Equation 2 of Sec. 63.4951.
n = number of different operating conditions that affect emission 
capture system efficiency or add-on control device organic HAP 
destruction or removal efficiency under which the coating operation 
operated during the compliance period.

[[Page 20237]]

q = number of controlled coating operations not controlled by a 
solvent recovery system.
r = number of coating operations controlled by a solvent recovery 
system.

    (2) To determine the HC,in in Equation 1 of this 
section, follow the steps in paragraphs (c)(2)(i) through (iii) of 
this section.
    (i) Use Equation 1 of Sec. 63.4961 to calculate the HC for each 
operating condition, n, of each controlled coating operation, i.
    (ii) For the factors AI, BI, and 
CI in Equation 1 of Sec. 63.4961, use the mass of organic 
HAP contained in the coatings, thinners, and cleaning materials used 
in each controlled coating operation, i, while operating under each 
operating condition, n.
    (iii) In Equation 1 of Sec. 63.4961, use the emission capture 
system efficiency and add-on control device organic HAP destruction 
or removal efficiency that apply under each operating condition, n. 
These efficiencies for each operating condition are determined from 
the performance test required by Sec. 63.4960 and as specified in 
Sec. 63.4964(b).


Sec. 63.4963  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.4890, the organic HAP emission rate for each 
compliance period, determined according to the procedures in 
Sec. 63.4961 (and in Sec. 63.4962, if applicable), must be equal to or 
less than the applicable emission limit in Sec. 63.4890. Each month 
following the initial compliance period described in Sec. 63.4960 is a 
compliance period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec. 63.4890, this is a 
deviation from the emission limitation for that compliance period and 
must be reported as specified in Secs. 63.4910(c)(6) and 63.4920(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4892 that applies to you, as specified in 
Table 1 of this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 of this subpart, this is a deviation from the operating 
limit that must be reported as specified in Secs. 63.4910(b)(6) and 
63.4920(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 of this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Secs. 63.4961 and 
63.4962, you must treat the materials used during a deviation on a 
controlled coating operation as if they were used on an uncontrolled 
coating operation for the time period of the deviation, as indicated in 
Equation 1 of Sec. 63.4961.
    (d) You must meet the requirements for bypass lines in 
Sec. 63.4968(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when the coating operation 
is running, this is a deviation that must be reported as specified in 
Secs. 63.4910(c)(6) and 63.4920(a)(7). For the purposes of completing 
the compliance calculations in Secs. 63.4961 and 63.4962, you must 
treat the materials used during a deviation on a controlled coating 
operation as if they were used on an uncontrolled coating operation for 
the time period of the deviation, as indicated in Equation 1 of 
Sec. 63.4961.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4893. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec. 63.4930(k)(9), this is a deviation from 
the work practice standards that must be reported as specified in 
Secs. 63.4910(c)(6) and 63.4920(a)(7).
    (f) As part of each semiannual compliance report required in 
Sec. 63.4920, you must identify the coating operation(s) for which you 
used the emission rate with add-on controls option. If there were no 
deviations from the emission limitations, submit a statement that you 
were in compliance with the emission limitations during the reporting 
period because the organic HAP emission rate for each compliance period 
was less than or equal to the applicable emission limit in 
Sec. 63.4890, and you achieved the operating limits required by 
Sec. 63.4892 and the work practice standards required by Sec. 63.4893 
during each compliance period.
    (g) During periods of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency, you must 
operate in accordance with the startup, shutdown, and malfunction plan 
required by Sec. 63.4900(d).
    (h) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that 
occur during a period of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with the startup, shutdown, and 
malfunction plan. The Administrator will determine whether deviations 
that occur during a period you identify as a startup, shutdown, or 
malfunction are violations, according to the provisions in 
Sec. 63.6(e).
    (i) [Reserved]
    (j) You must maintain records as specified in Secs. 63.4930 and 
63.4931.


Sec. 63.4964  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec. 63.4960 
according to the requirements in Sec. 63.7(e)(1) and under the 
conditions in this section unless you obtain a waiver of the 
performance test according to the provisions in Sec. 63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or malfunction, and periods of nonoperation do not constitute 
representative conditions. You must record the process information that 
is necessary to document operating conditions during the test and 
explain why the conditions represent normal operation.
    (2) Representative emission capture system and add-on control 
device operating conditions. You must conduct the performance test when 
the emission capture system and add-on control device are operating at 
a representative flow rate, and the add-on control device is operating 
at a representative inlet concentration. You must record information 
that is necessary to document emission capture system and add-on 
control device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) If the coating operation, emission capture system, or add-on 
control device will be operated at different sets of representative 
operating conditions, you must conduct the performance test according 
to either paragraph (b)(1) or (2) of this section:
    (1) Test at each of the representative operating conditions and 
establish emission capture system and add-on control device 
efficiencies and operating limits for each operating condition. To 
demonstrate continuous compliance following the performance test, 
record the conditions under which the process, emission capture system, 
and add-on control device are operating during each time period of 
operation, and calculate the organic HAP emission rate as described in 
Sec. 63.4962.

[[Page 20238]]

    (2) Test at the representative operating conditions that are 
expected to result in the lowest emission capture system and add-on 
control device efficiencies and establish efficiencies and operating 
limits based on this test. Use these efficiencies in the emission 
calculations in Sec. 63.4961.
    (c) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.4965. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.4966.
    (d) The performance test to determine add-on control device organic 
HAP destruction or removal efficiency must consist of three runs as 
specified in Sec. 63.7(e)(3) and each run must last at least 1 hour.


Sec. 63.4965  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required 
by Sec. 63.4960.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from 
the enclosure to an add-on control device.
    (2) All coatings, thinners, and cleaning materials used in the 
coating operation are applied within the capture system; coating 
solvent flash-off and coating, curing, and drying occurs within the 
capture system; and the removal of or evaporation of cleaning materials 
from the surfaces they are applied to occurs within the capture system. 
For example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of production, which includes surface preparation activities 
and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation, referred to as TVHused, to the mass of TVH 
emissions not captured by the emission capture system, referred to as 
TVHuncaptured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (c)(1) through (6) of this 
section to measure emission capture system efficiency using the liquid-
to-uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners, and cleaning 
materials are applied, and all areas where emissions from these applied 
coatings and materials subsequently occur, such as flash-off, curing, 
and drying areas. The areas of the coating operation where capture 
devices collect emissions for routing to an add-on control device, such 
as the entrance and exit areas of an oven or spray booth, must also be 
inside the enclosure. The enclosure must meet the applicable definition 
of a temporary total enclosure or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction, kg TVH per kg material, of TVH liquid 
input from each coating, thinner, and cleaning material used in the 
coating operation during each capture efficiency test run. To make the 
determination, substitute TVH for each occurrence of the term volatile 
organic compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate TVHused, 
the total mass of TVH liquid input from all the coatings, thinners, and 
cleaning materials used in the coating operation during each capture 
efficiency test run:
[GRAPHIC] [TIFF OMITTED] TP24AP02.016


Where:

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

    (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
TVHuncaptured, the total mass, kg, of TVH emissions that are 
not captured by the emission capture system; they are measured as they 
exit the temporary total enclosure or building enclosure during each 
capture efficiency test run. To make the measurement, substitute TVH 
for each occurrence of the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency, CE, of the emission capture system using Equation 2 
of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.017


[[Page 20239]]


Where:

CE = capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVHused = total mass of TVH liquid input used in the 
coating operation during the capture efficiency test run, kg.
TVHuncaptured = total mass of TVH that is not captured by 
the emission capture system and that exits from the temporary total 
enclosure or building enclosure during the capture efficiency test 
run, kg.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system, referred to as 
TVHcaptured, to the mass of TVH emissions not captured, 
referred to as TVHuncaptured. Use a temporary total 
enclosure or a building enclosure and the procedures in paragraphs 
(d)(1) through (5) of this section to measure emission capture system 
efficiency using the gas-to-gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners, and cleaning 
materials are applied, and all areas where emissions from these applied 
coatings and materials subsequently occur, such as flash-off, curing, 
and drying areas. The areas of the coating operation where capture 
devices collect emissions generated by the coating operation for 
routing to an add-on control device, such as the entrance and exit 
areas of an oven or a spray booth, must also be inside the enclosure. 
The enclosure must meet the applicable definition of a temporary total 
enclosure or building enclosure in Method 204 of appendix M to 40 CFR 
part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure TVHcaptured, the total mass, kg, of TVH emissions 
captured by the emission capture system during each capture efficiency 
test run as measured at the inlet to the add-on control device. To make 
the measurement, substitute TVH for each occurrence of the term VOC in 
the methods.
    (i) The sampling points for the Method 204B or 204C measurement 
must be upstream from the add-on control device and must represent 
total emissions routed from the capture system and entering the add-on 
control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure TVHuncaptured, the total mass, kg, of TVH emissions 
that are not captured by the emission capture system; they are measured 
as they exit the temporary total enclosure or building enclosure during 
each capture efficiency test run. To make the measurement, substitute 
TVH for each occurrence of the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency, CE, of the emission capture system using Equation 3 
of this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.018

Where:

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

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


Sec. 63.4966  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec. 63.4960. 
You must conduct three test runs as specified in Sec. 63.7(e)(3), and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight.
    (4) Use Method 4 of appendix A to 40 CFR part 60, to determine 
stack gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified 
in paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be more 
than 50 parts per million (ppm) at the control device outlet.
    (2) Use Method 25A if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be 50 
ppm or less at the control device outlet.

[[Page 20240]]

    (3) Use Method 25A if the add-control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator 
with an outlet for the high-volume, dilute stream that has been treated 
by the concentrator, and a second add-on control device is an oxidizer 
with an outlet for the low-volume, concentrated stream that is treated 
with the oxidizer, you must measure emissions at the outlet of the 
oxidizer and the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and the outlet of the add-on 
control device, using Equation 1 of this section. If there is more than 
one inlet or outlet to the add-on control device, you must calculate 
the total gaseous organic mass flow rate using Equation 1 of this 
section for each inlet and each outlet and then total all of the inlet 
emissions and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TP24AP02.019

Where:

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

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, DRE, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TP24AP02.020


Where:

DRE = organic emissions destruction or removal efficiency of the 
add-on control device, percent.
Mfi = total gaseous organic emissions mass flow rate at 
the inlet(s) to the add-on control device, using Equation 1 of this 
section, kg/h.
Mfo = total gaseous organic emissions mass flow rate at 
the outlet(s) of the add-on control device, using Equation 1 of this 
section, kg/h.

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


Sec. 63.4967  How do I establish the emission capture system and add-on 
control device operating limits during the performance test?

    During the performance test required by Sec. 63.4960 and described 
in Secs. 63.4964, 63.4965, and 63.4966, you must establish the 
operating limits required by Sec. 63.4892 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec. 63.8(f) as specified in Sec. 63.4892.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer, unless you are determining 
operating limits for multiple operating conditions as specified in 
Sec. 63.4964(b)(1) and paragraph (f) of this section.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained 
during the performance test. These are the minimum operating limits for 
your catalytic oxidizer, unless you are determining operating limits 
for multiple operating conditions as specified in Sec. 63.4964(b)(1) 
and paragraph (f) of this section.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet 
to the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer, 
unless you are determining operating limits for multiple operating 
conditions as specified in Sec. 63.4964(b)(1) and paragraph (f) of this 
section.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and, as necessary, 
adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must replace the catalyst bed and conduct a new 
performance test to determine destruction efficiency according to 
Sec. 63.4966.
    (c) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (c)(1) 
and (2) of this section.

[[Page 20241]]

    (1) You must monitor and record the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
and the carbon bed temperature after each carbon bed regeneration and 
cooling cycle, for the regeneration cycle either immediately preceding 
or immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle, 
and the maximum carbon bed temperature recorded after the cooling 
cycle, unless you are determining operating limits for multiple 
operating conditions as specified in Sec. 63.4964(b)(1) and paragraph 
(f) of this section.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) 
of this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser, 
unless you are determining operating limits for multiple operating 
conditions as specified in Sec. 63.4964(b)(1) and paragraph (f) of this 
section.
    (e) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.4965(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (e)(1) and (2) of this section. 
The operating limit for a PTE is specified in Table 1 of this subpart.
    (1) During the capture efficiency determination required by 
Sec. 63.4960 and described in Secs. 63.4964 and 63.4965, you must 
monitor and record either the gas volumetric flow rate or the duct 
static pressure for each separate capture device in your emission 
capture system at least once every 15 minutes during each of the three 
test runs at a point in the duct between the capture device and the 
add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device, unless you 
are determining operating limits for multiple operating conditions as 
specified in Sec. 63.4964(b)(1) and paragraph (f) of this section.
    (f) Multiple operating conditions. If you are determining operating 
limits for multiple operating conditions for the emission capture 
system or add-on control device as specified in Sec. 63.4964(b)(1), you 
must conduct a performance test under each operating condition and 
establish the operating limits for the parameters under each operating 
condition according to paragraphs (f)(1) and (2) of this section.
    (1) You must monitor and record the value of the parameter that 
corresponds to the applicable operating limit during the performance 
test under each operating condition.
    (2) The average parameter value recorded during the performance 
test under each condition is the operating limit for that parameter 
when the coating operation is operating under that condition.
    (g) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (g)(1) and (2) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.


Sec. 63.4968  What are the requirements for continuous parameter 
monitoring system (CPMS) installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), and (f) of this section according to 
paragraphs (a)(1) through (6) of this section. You must install, 
operate, and maintain each CPMS specified in paragraphs (b) and (d) of 
this section according to paragraphs (a)(3) through (5) of this 
section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for 
each successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, 
and validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that a controlled 
coating operation is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities (including, if applicable, calibration checks and required 
zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities when calculating data averages. You 
must use all the data collected during all other periods in calculating 
the data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out-of-control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the 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 (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's

[[Page 20242]]

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 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 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 coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.4920.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install gas temperature monitors both 
upstream and downstream of the catalyst bed. The temperature monitors 
must be in the gas stream immediately before and after the catalyst bed 
to measure the temperature difference across the bed.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of 
this section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 30 degrees Fahrenheit of the process temperature 
sensor's reading.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
the carbon bed temperature after each regeneration and cooling cycle, 
and comply with paragraphs (a)(3) through (5) and (d)(1) and (2) of 
this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent, capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a measurement 
sensitivity of 1 percent of the temperature recorded or 1 degree 
Fahrenheit, whichever is greater, and must be capable of recording the 
temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a measurement sensitivity 
of 1 percent of the temperature recorded or 1 degree Fahrenheit, 
whichever is greater.
    (2) The temperature monitor must provide a gas temperature record 
at least once every 15 minutes.
    (f) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (f)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the 
requirements in paragraphs (a) and (f)(1)(i) through (iv) of this 
section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) 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.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (f)(2)(i) through (vi) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (iv) Using an inclined manometer with a measurement sensitivity of 
0.0002 inch water, check gauge calibration quarterly and transducer 
calibration monthly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vi) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (g) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (g)(1) and (2) of this section.

[[Page 20243]]

    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in 
paragraphs (a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (g)(2)(i) through (vii) of 
this section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or 
a transducer with a minimum tolerance of 1 percent of the pressure 
range.
    (iv) Check the pressure tap daily.
    (v) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (vi) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vii) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.

Other Requirements and Information


Sec. 63.4980  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the EPA, or 
a delegated authority such as your State, local, or tribal agency. If 
the EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency (as well as EPA) has the authority to 
implement and enforce this subpart. You should contact your EPA 
Regional Office to find out if implementation and enforcement of this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator and are not transferred to the State, 
local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as follows:
    (1) Approval of alternatives to the work practice standards in 
Sec. 63.4893 under Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f), and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.4981  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
the General Provisions of this part, and in this section as follows:
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to 
collect emissions generated by a coating operation in the use of 
coatings or cleaning materials, both at the point of application and at 
subsequent points where emissions from the coatings or cleaning 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
coating operation are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting), from a substrate before or after coating 
application or from equipment associated with a coating operation, such 
as spray booths, spray guns, racks, tanks, and hangers. Thus, it 
includes any cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, and maskants. 
Decorative, protective, or functional materials that consist only of 
protective oils for metal, acids, bases, or any combination of these 
substances are not considered coatings for the purposes of this 
subpart.
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application or to remove dried 
coating (surface preparation); to apply coating to a substrate (coating 
application) and to dry or cure the coating after application; or to 
clean coating operation equipment (equipment cleaning). A single 
coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a coating or 
cleaning material is applied and all subsequent points in the affected 
source where organic HAP emissions from that coating or cleaning 
material occur. There may be multiple coating operations in an affected 
source. Coating application with hand-held nonrefillable aerosol 
containers, touchup markers, or marking pens is not a coating operation 
for the purposes of this subpart.
    Coating solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of coating operation, or 
capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limit, or operating 
limit, or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions 
and captures and directs the emissions to an add-on control device.

[[Page 20244]]

    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds 
are listed in 40 CFR 51.100(s).
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified 
in Sec. 63.4941(a)(1) through (3). Manufacturer's formulation data may 
include, but are not limited to, information on density, organic HAP 
content, volatile organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained; kg of organic 
HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days 
to 35 days to allow for flexibility in recordkeeping when data are 
based on a business accounting period.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating, calculated using Equation 1 of 
Sec. 63.4941. The organic HAP content is determined for the coating in 
the condition it is in when received from its manufacturer or supplier 
and does not account for any alteration after receipt.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Startup, initial means the first time equipment is brought online 
in a facility.
    Surface preparation means use of a cleaning material on a portion 
of or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called ``depainting.''
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from 
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or 
discharged.

Tables to Subpart RRRR of Part 63

    If you are required to comply with operating limits by 
Sec. 63.4892, you must comply with the applicable operating limits in 
the following table:

   Table 1 to Subpart RRRR of Part 63.--Operating Limits if Using the
                Emission Rate With Add-on Controls Option
------------------------------------------------------------------------
                                                        And you must
                                                         demonstrate
                                You must meet the        continuous
For the following device * *   following operating   compliance with the
              *                    limit * * *      operating limit by *
                                                             * *
------------------------------------------------------------------------
1. thermal oxidizer.........  the average           i. collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.4968(c);
                               combustion           ii. reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec.    iii. maintaining the
                               63.4967(a).           3-hour average
                                                     combustion at or
                                                     above the
                                                     temperature limit.
------------------------------------------------------------------------
2. catalytic oxidizer.......  a. the average        i. collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.4968(c);
                               bed in any 3-hour    ii. reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    iii. maintaining the
                               according to Sec.     3-hour average
                               63.4967(b).           temperature before
                                                     the catalyst bed at
                                                     or above the
                                                     temperature limit.
                              b. either ensure      i. either collecting
                               that the average      the temperature
                               temperature           data according to
                               difference catalyst   across the Sec.
                               bed in any 3-hour     63.4968(c),
                               period does not       reducing the data
                               fall below the        to 3-hour block
                               temperature           averages, and
                               difference limit      maintaining the 3-
                               established           hour average
                               according to Sec.     temperature
                               63.4967(b) or         difference at or
                               develop and           above the
                               implement an          temperature
                               inspection and        difference limit;
                               maintenance plan      or
                               according to Sec.    ii. complying with
                               63.4967(b)(3) and     the inspection and
                               (4).                  maintenance plan
                                                     developed according
                                                     to Sec.
                                                     63.4967(b)(3) and
                                                     (4).
------------------------------------------------------------------------
3. carbon adsorber..........  a. the total          i. measuring the
                               regeneration          total regeneration
                               desorbing gas         desorbing gas
                               (e.g., steam or       (e.g., steam or
                               nitrogen) mass flow   nitrogen) mass flow
                               for each carbon bed   for each
                               regeneration cycle    regeneration cycle
                               must not fall below   according to Sec.
                               the total             63.4968(d); and
                               regeneration         ii. maintaining the
                               desorbing gas mass    total regeneration
                               flow limit            desorbing gas mass
                               established           flow at or above
                               according to Sec.     the mass flow
                               63.4967(c).           limit.
------------------------------------------------------------------------

[[Page 20245]]

 
                              b. the temperature    i. measuring the
                               of the carbon bed,    temperature of the
                               after completing      carbon bed, after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle, must not       any cooling cycle,
                               exceed the carbon     according to Sec.
                               bed temperature       63.4968(d); and
                               limit established    ii. operating the
                               according to Sec.     carbon beds such
                               63.4967(c).           that each carbon
                                                     bed is not returned
                                                     to service until
                                                     completing each
                                                     regeneration and
                                                     any cooling cycle
                                                     until the recorded
                                                     temperature of the
                                                     carbon bed is at or
                                                     below the
                                                     temperature limit.
------------------------------------------------------------------------
4. condenser................  the average           i. collecting the
                               condenser outlet      condenser outlet
                               (product side) gas    (product side) gas
                               temperature in any    temperature
                               3-hour period must    according to Sec.
                               not exceed the        63.4968(e);
                               temperature limit    ii. reducing the
                               established           data to 3-hour
                               according to Sec.     block averages; and
                               63.4967(d).          iii. maintaining the
                                                     3-hour average gas
                                                     temperature at the
                                                     outlet at or below
                                                     the temperature
                                                     limit.
------------------------------------------------------------------------
5. emission capture system    the direction of the  i. collecting the
 that is a PTE according to    air flow at all       direction of air
 Sec.  63.4965(a).             times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               either the average    of air through all
                               facial velocity of    natural draft
                               air through all       openings according
                               natural draft         to Sec.
                               openings in the       63.4968(f)(1) or
                               enclosure must be     the pressure drop
                               at least 200 feet     across the
                               per minute; or the    enclosure according
                               pressure drop         to Sec.
                               across the            63.4968(f)(2); and
                               enclosure must be    ii. maintaining the
                               at least 0.007 inch   facial velocity of
                               H2O, as established   air flow through
                               in Method 204 of      all natural draft
                               appendix M to 40      openings or the
                               CFR part 51.          pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
------------------------------------------------------------------------
6. emission capture system    the average gas       i. collecting the
 that is a PTE according to    volumetric flow       gas volumetric flow
 Sec.  63.4965(a).             rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        not capture device
                               capture device and    according to Sec.
                               add-on control        63.4968(f);
                               device inlet in any  ii. reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   iii. maintaining the
                               flow rate or duct     3-hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec.  63.4967(e).     or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limit.
------------------------------------------------------------------------
7. concentrators, including   a. the average gas    i. collecting the
 zeolite wheels and rotary     temperature of the    temperature data
 carbon adsorbers.             desorption            according to
                               concentrate stream    63.4968(g);
                               in any 3-hour        ii. reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    iii. maintaining the
                               according to Sec.     3-hour average
                               63.4967(g).           temperature at or
                                                     above the
                                                     temperature limit.
------------------------------------------------------------------------
                              b. the average        i. collecting the
                               pressure drop of      pressure drop data
                               the dilute stream     according to Sec.
                               across the            63.4968(g);
                               concentrator in any  ii. reducing the
                               3-hour period must    pressure drop data
                               not fall below the    to 3-hour block
                               limit established     averages; and
                               according to Sec.    iii. maintaining the
                               63.4967(g).           3-hour average
                                                     pressure drop at or
                                                     above the pressure
                                                     drop limit.
------------------------------------------------------------------------

    You must comply with the applicable General Provisions requirements 
according to the following table:

            Table 2 to Subpart RRRR of Part 63.--Applicability of General Provisions to Subpart RRRR
----------------------------------------------------------------------------------------------------------------
                                                                Applicable to subpart
             Citation                         Subject                    RRRR                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)-(14).............  General Applicability.....  Yes..................
Sec.  63.1(b)(1)-(3)..............  Initial Applicability       Yes..................  Applicability to subpart
                                     Determination.                                     RRRR is also specified
                                                                                        in Sec.  63.4881.
Sec.  63.1(c)(1)..................  Applicability After         Yes..................
                                     Standard Established.
Sec.  63.1(c)(2)-(3)..............  Applicability of Permit     No...................  Area sources are not
                                     Program for Area Sources.                          subject to subpart RRRR.
Sec.  63.1(c)(4)-(5)..............  Extensions and              Yes..................
                                     Notifications.
Sec.  63.1(e).....................  Applicability of Permit     Yes..................
                                     Program Before Relevant
                                     Standard is Set.
Sec.  63.2........................  Definitions...............  Yes..................  Additional definitions
                                                                                        are specified in Sec.
                                                                                        63.4981.
Sec.  63.3(a)-(c).................  Units and Abbreviations...  Yes..................

[[Page 20246]]

 
Sec.  63.4(a)(1)-(5)..............  Prohibited Activities.....  Yes..................
Sec.  63.4(b)-(c).................  Circumvention/Severability  Yes..................
Sec.  63.5(a).....................  Construction/               Yes..................
                                     Reconstruction.
Sec.  63.5(b)(1)-(6)..............  Requirements for Existing,  Yes..................
                                     Newly Constructed, and
                                     Reconstructed Sources.
Sec.  63.5(d).....................  Application for Approval    Yes..................
                                     of Construction/
                                     Reconstruction.
Sec.  63.5(e).....................  Approval of Construction/   Yes..................
                                     Reconstruction.
Sec.  63.5(f).....................  Approval of Construction/   Yes..................
                                     Reconstruction Based on
                                     Prior State Review.
Sec.  63.6(a).....................  Compliance With Standards   Yes..................
                                     and Maintenance
                                     Requirements--Applicabili
                                     ty.
Sec.  63.6(b)(1)-(7)..............  Compliance Dates for New    Yes..................  Section 63.4883 specifies
                                     and Reconstructed Sources.                         the compliance dates.
Sec.  63.6(c)(1)-(5)..............  Compliance Dates for        Yes..................  Section 63.4883 specifies
                                     Existing Sources.                                  the compliance dates.
Sec.  63.6(e)(1)-(2)..............  Operation and Maintenance.  Yes..................
Sec.  63.6(e)(3)..................  Startup, Shutdown, and      Yes..................  Only sources using an add-
                                     Malfunction Plan.                                  on control device to
                                                                                        comply with the standard
                                                                                        must complete startup,
                                                                                        shutdown, and
                                                                                        malfunction plans.
Sec.  63.6(f)(1)..................  Compliance Except During    Yes..................  Applies only to sources
                                     Startup, Shutdown,                                 using an add-on and
                                     Malfunction.                                       control device to comply
                                                                                        with the standard.
Sec.  63.6(f)(2)-(3)..............  Methods for Determining     Yes..................
                                     Compliance.
Sec.  63.6(g)(1)-(3)..............  Use of an Alternative       Yes..................
                                     Standard.
Sec.  63.6(h).....................  Compliance With Opacity/    No...................  Subpart RRRR does not
                                     Visible Emission                                   establish opacity
                                     Standards.                                         standards and does not
                                                                                        require continuous
                                                                                        opacity monitoring
                                                                                        systems (COMS).
Sec.  63.6(i)(1)-(16).............  Extension of Compliance...  Yes..................
Sec.  63.6(j).....................  Presidential Compliance     Yes..................
                                     Exemption.
Sec.  63.7(a)(1)..................  Performance Test            Yes..................  Applies to all affected
                                     Requirements--Applicabili                          sources. Additional
                                     ty.                                                requirements for
                                                                                        performance testing are
                                                                                        specified in Secs.
                                                                                        63.4964, 63.4965, and
                                                                                        63.4966.
Sec.  63.7(a)(2)..................  Performance Test            Yes..................  Applies only to
                                     Requirements--Dates.                               performance tests for
                                                                                        capture system and
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard.
                                                                                        Section 63.4960
                                                                                        specifies the schedule
                                                                                        for performance test
                                                                                        requirements that are
                                                                                        earlier than those
                                                                                        specified in 63.7(a)(2).
Sec.  63.7(a)(3)..................  Performance Tests Required  Yes..................
                                     by the Administrator.
Sec.  63.7(b)-(e).................  Performance Test            Yes..................  Applies only to
                                     Requirements--Notificatio                          performance tests for
                                     n, Quality Assurance,                              capture system and add-
                                     Facilities Necessary for                           on control device
                                     Safe Testing, Conditions                           efficiency at sources
                                     During Test.                                       using these to comply
                                                                                        with the standard.
Sec.  63.7(f).....................  Performance Test            Yes..................  Applies to all test
                                     Requirements--Use of                               methods except those
                                     Alternative Test Method.                           used to determine
                                                                                        capture system
                                                                                        efficiency.
Sec.  63.7(g)-(h).................  Performance                 Yes..................  Applies only to
                                     TestRequirements--Data                             performance tests for
                                     Analysis, Recordkeeping,                           capture system and add-
                                     Reporting, Waiver of Test.                         on control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard.
Sec.  63.8(a)(1)-(3)..............  Monitoring Requirements--   Yes..................  Applies only to
                                     Applicability.                                     monitoring of capture
                                                                                        system and add-on
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard.
                                                                                        Additional requirements
                                                                                        for monitoring are
                                                                                        specified in Sec.
                                                                                        63.4968.
Sec.  63.8(a)(4)..................  Additional Monitoring       No...................  Subpart RRRR does not
                                     Requirements.                                      have monitoring
                                                                                        requirements for flares.
Sec.  63.8(b).....................  Conduct of Monitoring.....  Yes..................
Sec.  63.8(c)(1)-(3)..............  Continuous Monitoring       Yes..................  Applies only to
                                     System (CMS) Operation                             monitoring of capture
                                     and Maintenance.                                   system and add-on
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard.
                                                                                        Additional requirements
                                                                                        for CMS operations and
                                                                                        maintenance are
                                                                                        specified in Sec.
                                                                                        63.4968.
Sec.  63.8(c)(4)..................  CMSs......................  No...................  Section 63.4968 specifies
                                                                                        the requirements for the
                                                                                        operation of CMS for
                                                                                        capture systems and add-
                                                                                        on control devices at
                                                                                        sources using these to
                                                                                        comply.

[[Page 20247]]

 
Sec.  63.8(c)(5)..................  COMS......................  No...................  Subpart RRRR does not
                                                                                        have opacity or visible
                                                                                        emission standards.
Sec.  63.8(c)(6)..................  CMS Requirements..........  No...................  Section 63.4968 specifies
                                                                                        the requirements for
                                                                                        monitoring systems for
                                                                                        capture systems and add-
                                                                                        on control devices at
                                                                                        sources using these to
                                                                                        comply.
Sec.  63.8(c)(7)..................  CMS Out-of-Control Periods  Yes..................
Sec.  63.8(c)(8)..................  CMS Out-of-Control Periods  No...................  Section 63.4920 requires
                                     reporting.                                         reporting of CMS out-of-
                                                                                        control periods.
Sec.  63.8(d)-(e).................  Quality Control Program     No...................  Subpart RRRR does not
                                     and CMS Performance                                require the use of
                                     Evaluation.                                        continuous emissions
                                                                                        monitoring systems.
Sec.  63.8(f)(1)-(5)..............  Use of an Alternative       Yes..................
                                     Monitoring Method.
Sec.  63.8(f)(6)..................  Alternative to Relative     No...................  Subpart RRRR does not
                                     Accuracy Test.                                     require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec.  63.8(g)(1)-(5)..............  Data Reduction............  No...................  Sections 63.4967 and
                                                                                        63.4968 specify
                                                                                        monitoring data
                                                                                        reduction.
Sec.  63.9(a)-(d).................  Notification Requirements.  Yes..................
Sec.  63.9(e).....................  Notification of             Yes..................  Applies only to capture
                                     Performance Test.                                  system and add-on
                                                                                        control device
                                                                                        performance tests at
                                                                                        sources using these to
                                                                                        comply with the
                                                                                        standard.
Sec.  63.9(f).....................  Notification of Visible     No...................  Subpart RRRR does not
                                     Emissions/Opacity Test.                            have opacity or visible
                                                                                        emission standards.
Sec.  63.9(g)(1)-(3)..............  Additional Notifications    No...................  Subpart RRRR does not
                                     When Using CMS.                                    require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec.  63.9(h).....................  Notification of Compliance  Yes..................  Section 63.4910 specifies
                                     Status.                                            the dates for submitting
                                                                                        the notification of
                                                                                        compliance status.
Sec.  63.9(i).....................  Adjustment of Submittal     Yes..................
                                     Deadlines.
Sec.  63.9(j).....................  Change in Previous          Yes..................
                                     Information.
Sec.  63.10(a)....................  Recordkeeping/Reporting--   Yes..................
                                     Applicability and General
                                     Information.
Sec.  63.10(b)(1).................  General Recordkeeping       Yes..................  Additional requirements
                                     Requirements.                                      are specified in Secs.
                                                                                        63.4930 and 63.4931.
Sec.  63.10(b)(2)(i)-(v)..........  Recordkeeping Relevant      Yes..................  Requirements for Startup,
                                     Startup, to Shutdown, and                          Startup, Shutdown, and
                                     Malfunction Periods and                            Malfunction records only
                                     CMS.                                               apply to add-on control
                                                                                        devices used to comply
                                                                                        with the standard.
Sec.  63.10(b)(2)(vi)-(xi)........  ..........................  Yes..................
Sec.  63.10(b)(2)(xii)............  Records...................  Yes..................
Sec.  63.10(b)(2)(xiii)...........  ..........................  No...................  Subpart RRRR does not
                                                                                        require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec.  63.10(b)(2)(xiv)............  ..........................  Yes..................
Sec.  63.10(b)(3).................  Recordkeeping Requirements  Yes..................
                                     for Applicability
                                     Determinations.
Sec.  63.10(c)(1)-(6).............  Additional Recordkeeping    Yes..................
                                     Requirements for Sources
                                     with CMS.
Sec.  63.10(c)(7)-(8).............  ..........................  No...................  The same records are
                                                                                        required in Sec.
                                                                                        63.4920(a)(7)
Sec.  63.10(c)(9)-(15)............  ..........................  Yes..................
Sec.  63.10(d)(1).................  General Reporting           Yes..................  Additional requirements
                                     Requirements.                                      are specified in Sec.
                                                                                        63.4920.
Sec.  63.10(d)(2).................  Report of Performance Test  Yes..................  Additional requirements
                                     Results.                                           are specified in Sec.
                                                                                        63.4920(b).
Sec.  63.10(d)(3).................  Reporting Opacity or        No...................  Subpart RRRR does not
                                     Visible Emissions                                  require opacity or
                                     Observations.                                      visible emissions
                                                                                        observations.
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 add-on
                                     Malfunction Reports.                               control devices at
                                                                                        sources using these to
                                                                                        comply with the
                                                                                        standard.
Sec.  63.10(e)(1)-(2).............  Additional CMS Reports....  No...................  Subpart RRRR does not
                                                                                        require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec.  63.10(e)(3).................  Excess Emissions/CMS        No...................  Section 63.4920(b)
                                     Performance Reports.                               specifies the contents
                                                                                        of periodic compliance
                                                                                        reports.
Sec.  63.10(e)(4).................  COMS Data Reports.........  No...................  Subpart RRRR does not
                                                                                        specify requirements for
                                                                                        opacity or COMS.
Sec.  63.10(f)....................  Recordkeeping/Reporting     Yes..................
                                     Waiver.
Sec.  63.11.......................  Control Device              No...................  Subpart RRRR does not
                                     Requirements/Flares.                               specify use of flares
                                                                                        for compliance.
Sec.  63.12.......................  State Authority and         Yes..................
                                     Delegations.

[[Page 20248]]

 
Sec.  63.13.......................  Addresses.................  Yes..................
Sec.  63.14.......................  Incorporation by Reference  Yes..................
Sec.  63.15.......................  Availability of             Yes..................
                                     Information/
                                     Confidentiality.
----------------------------------------------------------------------------------------------------------------

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data:

 Table 3 to Subpart RRRR of Part 63.--Default Organic HAP Mass Fraction
                     for Solvents and Solvent Blends
------------------------------------------------------------------------
                                              Average
                                            organic HAP  Typical organic
    Solvent/Solvent blend       CAS. No.       mass      HAP, percent by
                                             fraction          mass
------------------------------------------------------------------------
1. Toluene..................     108-88-3         1.0    Toluene.
2. Xylene(s)................    1330-20-7         1.0    Xylenes,
                                                          ethylbenzene.
3. Hexane...................     110-54-3         0.5    n-hexane.
4. n-Hexane.................     110-54-3         1.0    n-hexane.
5. Ethylbenzene.............     100-41-4         1.0    Ethylbenzene.
6. Aliphatic 140............  ...........         0      None.
7. Aromatic 100.............  ...........         0.02   1% xylene, 1%
                                                          cumene.
8. Aromatic 150.............  ...........         0.09   Naphthalene.
9. Aromatic naphtha.........   64742-95-6         0.02   1% xylene, 1%
                                                          cumene.
10. Aromatic solvent........   64742-94-5         0.1    Naphthalene.
11. Exempt mineral spirits..    8032-32-4         0      None.
12. Ligroines (VM & P)......    8032-32-4         0      None.
13. Lactol spirits..........   64742-89-6         0.15   Toluene.
14. Low aromatic white         64742-82-1         0      None.
 spirit.
15. Mineral spirits.........   64742-88-7         0.01   Xylenes.
16. Hydrotreated naphtha....   64742-48-9         0      None.
17. Hydrotreated light         64742-47-8         0.001  Toluene.
 distillate.
18. Stoddard solvent........    8052-41-3         0.01   Xylenes.
19. Super high-flash naphtha   64742-95-6         0.05   Xylenes.
20. Varsol            8052-49-3         0.01   0.5% xylenes,
 solvent.                                                 0.5% ethyl
                                                          benzene.
21. VM & P naphtha..........   64742-89-8         0.06   3% toluene, 3%
                                                          xylene.
22. Petroleum distillate       68477-31-6         0.08   4% naphthalene,
 mixture.                                                 4% biphenyl.
------------------------------------------------------------------------

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data:

 Table 4 to Subpart RRRR of Part 63.--Default Organic HAP Mass Fraction
                     for Petroleum Solvent Groups a
------------------------------------------------------------------------
                                     Average
                                   organic HAP    Typical organic HAP,
           Solvent type                mass          percent by mass
                                     fraction
------------------------------------------------------------------------
Aliphatic b......................         0.03  1% Xylene, 1% Toluene,
                                                 and 1% Ethylbenzene.
Aromatic c.......................         0.06  4% Xylene, 1% Toluene,
                                                 and 1% Ethylbenzene.
------------------------------------------------------------------------
a Use this table only if the solvent blend does not match any of the
  solvent blends in Table 3 to this subpart and you only know whether
  the blend is aliphatic or aromatic.
b e.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
  Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
  Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
  Naphtha, Solvent Blend.
c e.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha,
  Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic
  Hydrocarbons, Light Aromatic Solvent.

[FR Doc. 02-7224 Filed 4-23-02; 8:45 am]
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