[Federal Register Volume 67, Number 120 (Friday, June 21, 2002)]
[Proposed Rules]
[Pages 42400-42447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14034]



[[Page 42399]]

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Part IV





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Wood Building Products; Proposed Rule

  Federal Register / Vol. 67, No. 120 / Friday, June 21, 2002 / 
Proposed Rules  

[[Page 42400]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7223-7]
RIN 2060-AH02


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Wood Building Products

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 wood building products surface coating 
operations. The EPA estimates that there are approximately 205 major 
source facilities in the wood building products (surface coating) 
source category that emit hazardous air pollutants (HAP), such as 
xylene, toluene, ethyl benzene, ethylene glycol butyl ether (EGBE), 
other glycol ethers, methyl ethyl ketone (MEK), methyl isobutyl ketone 
(MIBK), methanol, styrene, and formaldehyde. As proposed, the standards 
are estimated to reduce HAP emissions by 3,200 megagrams per year (Mg/
yr) (3,500 tons per year (tpy)) or by 61 percent. The reduction in HAP 
emissions would be achieved by requiring all major source facilities 
that apply a surface coating to a wood building product to meet the HAP 
emission standards reflecting the application of the maximum achievable 
control technology (MACT).

DATES: Comments. Submit comments on or before August 20, 2002.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing, they should do so by July 11, 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-97-52, U.S. EPA, 1200 
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier, 
deliver comments (in duplicate if possible) to: Air and Radiation 
Docket and Information Center (6102), Attention Docket Number A-97-52, 
U.S. EPA, 401 M Street, SW, Room M-1500, Washington, DC 20460. The EPA 
requests a separate copy also be sent to the contact person listed in 
FOR FURTHER INFORMATION CONTACT.
    Public Hearing. If a public hearing is held, it will be held at our 
Office of Administration auditorium in Research Triangle Park, North 
Carolina. You should contact Ms. Janet Eck, Coatings and Consumer 
Product Group, Emission Standards Division (C539-03), U.S. EPA, 
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-97-52 contains supporting information used in 
developing the proposed standards. The docket is located at the U.S. 
EPA, 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: Mr. Vinson Hellwig, Coatings and 
Consumer Products Group, Emissions Standards Division (C539-03), U.S. 
EPA, Research Triangle Park, North Carolina 27711; telephone number 
(919) 541-2317; 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[supreg] file format. All comments and data submitted in 
electronic form must note the docket number: A-97-52. 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: Mr. Vinson Hellwig, c/o OAQPS 
Document Control Officer (C404-02), U.S. EPA, 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. EPA, Research Triangle Park, NC 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 at least 2 days in advance of the public 
hearing 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 the 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 
Clean Air Act (CAA).) The regulatory text and other materials related 
to this rulemaking are available for review in the docket or copies may 
be mailed on request from the Air and Radiation Docket and Information 
Center by calling (202) 260-7548. A reasonable fee may be charged for 
copying docket materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will also be available on the 
WWW through the Technology Transfer Network (TTN). Following signature 
by the 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 source category, which is divided into the 
five subcategories listed in Table 1, includes facilities that apply 
coatings to wood building products. In general, facilities that coat 
wood building products are covered under the Standard Industrial 
Classification (SIC) and North American Industrial Classification 
System (NAICS) codes listed in Table 1.

[[Page 42401]]

However, facilities classified under other SIC or NAICS codes may be 
subject to the proposed standards. Not all facilities classified under 
the SIC and NAICS codes in Table 1 will be subject to the proposed 
standards because some of the classifications cover products outside 
the scope of the NESHAP for wood building products.

              Table 1.--Subcategories and Entities Potentially Regulated by the Proposed Standards
----------------------------------------------------------------------------------------------------------------
                                                                                        Examples of regulated
                                                                                        entities include those
            Subcategory                        SIC                    NAICS            facilities that apply a
                                                                                       surface coating to . . .
----------------------------------------------------------------------------------------------------------------
1. Doors and Windows...............  2431, 2499 a..........  321911, 321918, 321999  Doors and windows and any
                                                              a.                      millwork and moulding
                                                                                      associated with doors and
                                                                                      windows.
2. Flooring........................  2426, 2421, 2499 a....  321918, 321999 a......  Solid wood flooring,
                                                                                      engineered wood flooring,
                                                                                      laminated flooring, and
                                                                                      any millwork or moulding
                                                                                      associated with flooring.
3. Interior Wall Paneling and        2435, 2499 a..........  321211, 321999 a......  Interior wall paneling or
 Tileboard.                                                                           tileboard.
4. Other Interior Panels...........  2435, 2436, 2493, 2499  321211, 321212,         Panels used for purposes
                                      a.                      321219, 321999 a.       other than interior wall
                                                                                      paneling, such as
                                                                                      sheathing, insulation
                                                                                      board, pegboard, and
                                                                                      ceiling tiles.
5. Exterior Siding, Doorskins, and   2435, 2493, 2499 a....  321211, 321219, 321999  Panel siding, trimboard,
 Miscellaneous.                                               a.                      lap siding, trim
                                                                                      associated with siding,
                                                                                      doorskins, and other
                                                                                      miscellaneous wood
                                                                                      products.
----------------------------------------------------------------------------------------------------------------
a The subcategory of the SIC code and NAICS code depends on the final end use of the product.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding subcategories and entities likely to be 
regulated by this action. To determine whether your coating operation 
is regulated by this action, you should examine the applicability 
criteria in Sec. 63.4681 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.
    Background Information Document and Economic Impact Analysis. The 
Background Information Document (BID) and the Economic Impact Analysis 
(EIA) for the proposed rule may be obtained from the TTNWeb; the wood 
building products (surface coating) docket (A-97-52); the EPA Library 
(MD-35), Research Triangle Park, North Carolina 27711, telephone (919) 
541-2777; or the National Technical Information Service (NTIS), 5285 
Port Royal Road, Springfield, Virginia 22161, telephone (703) 487-4650. 
Please refer to ``Background Information Document--National Emission 
Standards for Hazardous Air Pollutants (NESHAP) for the Wood Building 
Products (Surface Coating) Industry'' (EPA-453/R-00-003) and the 
``Industry Profile: Wood Building Products Industry'' (EPA-453/R-01-
002).
    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 surface coating of wood building products?
II. Summary of the Proposed Rule
    A. What source categories and subcategories are affected by the 
proposed rule?
    B. What is the relationship to other rules?
    C. What are the primary sources of emissions and what are the 
emissions?
    D. What is the affected source?
    E. What are the emission limits, operating limits, and work 
practice standards?
    F. When must I comply with the proposed rule?
    G. What are the testing and initial compliance requirements?
    H. What are the continuous compliance provisions?
    I. What are the notification, recordkeeping, and reporting 
requirements?
III. Rationale for Selecting the Proposed Standards
    A. How did we select the source category and subcategories?
    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 new or reconstructed and existing sources?
    E. How did we select the format of the proposed standards?
    F. How did we select the testing and initial compliance 
requirements?
    G. How did we select the proposed continuous compliance 
requirements?
    H. How did we select notification, recordkeeping, and reporting 
requirements?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental, and energy 
impacts?
V. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 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 (RFA), 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 area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. The Flatwood 
Paneling (Surface Coating) category of major sources was listed on 
July, 16, 1992 (57 FR 31576) under the Surface Coating Processes 
industry group. The name of the source category was subsequently 
changed to Wood Building Products (Surface Coating) on November 18, 
1999 (64 FR 63025) to reflect more accurately the types of surface 
coating operations currently used in the industry. Major sources of HAP 
are those that emit or have the

[[Page 42402]]

potential to emit equal to or greater than 9.1 Mg/yr (10 tpy) of any 
one HAP or 22.7 Mg/yr (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 or reconstructed and existing major 
sources. The CAA requires the NESHAP to reflect the maximum degree of 
reduction in emissions of HAP that is achievable. This level of control 
is commonly referred to as the MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that the standard is set at a level that assures that all 
major sources achieve the level of control at least as stringent as 
that already achieved by the better-controlled and lower-emitting 
sources in each source category or subcategory. For new or 
reconstructed 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 or reconstructed sources, but they 
cannot be less stringent than the average emission limit 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 non-air quality health and environmental 
impacts, and energy requirements.

C. What Are the Health Effects Associated With HAP Emissions From 
Surface Coating of Wood Building Products?

    The primary HAP emitted from the surface coating of wood building 
products include xylene, toluene, ethyl benzene, EGBE, and glycol 
ethers (not including EGBE). These compounds account for more than 84 
percent of the nationwide HAP emissions from this source category. 
Other HAP identified in emissions include MEK, MIBK, methanol, styrene, 
and formaldehyde. The HAP that would be controlled with the proposed 
rule are associated with a variety of adverse health effects. These 
adverse health effects include chronic health disorders (e.g., 
irritation of the lungs, eyes, and mucus membranes and effects on the 
central nervous system) and acute health disorders (e.g., lung 
irritation and congestion, alimentary effects such as nausea and 
vomiting, and effects on the central nervous system).
    We do not have the type of current detailed data on each of the 
facilities covered by the proposed emission standards for this 
subcategory and the people living around the facilities that would be 
necessary to conduct an analysis to determine the actual population 
exposures to the HAP emitted from these facilities and potential for 
resultant health effects. Therefore, we do not know the extent to which 
the adverse health effects described above occur in the populations 
surrounding these facilities. However, to the extent the adverse 
effects do occur, the proposed rule would reduce emissions and 
subsequent exposures.

II. Summary of the Proposed Rule

A. What Source Categories and Subcategories Are Affected by the 
Proposed Rule?

    The proposed rule would apply to you if you own or operate a wood 
building products surface coating facility that uses at least 4,170 
liters (1,100 gallons (gal)) of coatings per year and is a major 
source, is located at a major source, or is part of a major source of 
HAP emissions, whether or not you manufacture the wood building product 
substrate. The surface coating operations are not required to be major 
sources of HAP emissions in order for the surface coating operations at 
a major source facility to be covered by the proposed rule. As long as 
some part of the total facility causes it to be a major source (e.g., 
the wood substrate manufacturing process), the surface coating 
operations would be subject to the proposed standards.
    We have defined a wood building products surface coating facility 
as any facility engaged in the finishing or laminating of a wood 
building product. A wood building product is any product that contains 
more than 50 percent by weight wood or wood fiber and is used in the 
construction, either interior or exterior, of a residential, 
commercial, or institutional building. As explained later, we have 
established five subcategories in the wood building products surface 
coating source category, including: (1) Doors and windows; (2) 
flooring; (3) interior wall paneling and tileboard; (4) other interior 
panels; and (5) exterior siding, doorskins, and miscellaneous (see 
Table 1 of this preamble).
    Facilities that manufacture or apply surface coatings to 
prefabricated/premanufactured or mobile/modular homes are not subject 
to the proposed NESHAP requirements. These facilities were found to 
have very low -or no-HAP emissions because coatings applied to these 
homes are typically waterborne (latex) formulations. Based on the data 
submitted by 70 of these facilities, no major sources of HAP emissions 
were identified in the database (docket A-97-52).
    You would not be subject to the proposed rule if your wood building 
products 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.
    The source category does not include research or laboratory 
facilities; janitorial, building, and facility construction or 
maintenance operations; or hobby shops that are operated for personal 
rather than for commercial purposes. The source category also does not 
include coating applications using handheld nonrefillable aerosol 
containers.

B. What Is the Relationship to Other Rules?

    Affected sources subject to the proposed rule may also be subject 
to other rules. We specifically request comments on how monitoring, 
recordkeeping, and reporting requirements can be consolidated for 
sources that are subject to more than one rule.
    Some wood building products surface coating facilities also 
manufacture the substrate that is subsequently coated. Any process 
associated with wood building products substrate manufacturing would be 
subject to the future NESHAP for plywood and composite wood products 
(future 40 CFR part 63, subpart DDDD).
    Some wood building products surface coating facilities manufacture 
products that are used in the production of wood furniture or wood 
furniture components. These wood building products are subject to the 
NESHAP for wood furniture manufacturing operations (40 CFR part 63, 
subpart JJ). The surface coating of millwork and trim associated with 
cabinet manufacturing is also covered under the wood furniture NESHAP.

[[Page 42403]]

    Wood treatment and preservation operations, which were delisted 
from the source category list, would not be subject to the wood 
building products (surface coating) NESHAP. Wood treatment and 
preservation operations include wood treatment or fire retardant 
operations located at wood building product facilities that involve 
impregnating the wood product with the wood treatment chemicals or fire 
retardant by using a retort or other pressure vessel. This includes 
operations that are normally not considered coating operations. We 
request specific comments on the wood treatment and fire retardant 
operations.

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

    Emissions from coating application and drying/curing account for 
most of the HAP emissions from wood building products surface coating 
operations. The remaining emissions are primarily from mixing and/or 
thinning and cleaning operations. In most cases, HAP emissions from 
surface preparation, storage, handling, and waste/wastewater operations 
are relatively small.
    Available emission data collected during the development of the 
proposed NESHAP show that the primary organic HAP emitted from the 
surface coating of wood building products includes xylene, toluene, 
ethyl benzene, EGBE, and other glycol ethers. These compounds account 
for 84 percent of this source category's nationwide organic HAP 
emissions. Other significant organic HAP identified include MEK, MIBK, 
methanol, styrene, and formaldehyde.
    Based on information reported in survey responses during the 
development of the proposed NESHAP, inorganic HAP, including chromium, 
manganese, and antimony compounds, are components of some coatings used 
by this source category. No inorganic HAP were reported in thinners or 
cleaning materials. Most of the coating operations do not cause the 
coating material to become airborne. Where spraying is performed, most 
of the inorganic HAP components remain as solids in the dry coating 
film on the parts being coated or are deposited on the walls, floor, 
and grates of the spray booths in which they are applied. Some of the 
inorganic HAP particles are entrained in the spray booth exhaust air. 
Spray booths in the wood building products industry typically have 
either water curtains or dry filters to remove overspray particles. 
Therefore, inorganic HAP emission levels are expected to be very low 
and have not been quantified.

D. What Is the Affected Source?

    We define an affected source as a stationary source, a group of 
stationary sources, or part of a stationary source to which a specific 
emission standard applies. The proposed rule defines the affected 
source as the collection of all operations associated with the surface 
coating of wood building products. These operations include preparation 
of a coating for application (e.g., mixing with thinners); surface 
preparation of the wood building products; coating application, curing, 
and drying equipment; equipment cleaning; and storage, transfer, and 
handling of coatings, thinners, cleaning materials, and waste 
materials.

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

    Emission Limits. We are proposing to limit organic HAP emissions 
from each new or reconstructed affected source using the emission 
limits in Table 2. The proposed emission limits for each existing 
affected source are given in Table 3. These limits are based on five 
subcategories that group similar operations and types of coatings. We 
request specific comments on the proposed emission limits for both 
existing and new or reconstructed sources for these subcategories. You 
can choose from several compliance options in the proposed rule to 
achieve the emission limits. You could comply by applying materials 
(coatings, thinners, and cleaning materials) that meet the emission 
limits, either individually or collectively. You could also use a 
capture system and add-on control device to meet the emission limits or 
comply by using a combination of both approaches.
    Some wood building products facilities surface coat more than one 
product, and occasionally the products are in different subcategories. 
For purposes of the proposed standards, those affected sources coating 
multiple products covered by two or more subcategories must maintain 
product-or subcategory-specific records in order to demonstrate 
compliance with each applicable emission limit for all products coated 
at the affected source.

   Table 2.--Emission Limits for New or Reconstructed Affected Sources
------------------------------------------------------------------------
                                                            The organic
                                                           HAP emission
                                                          limit you must
                                                             meet, in
                                                          kilograms (kg)
    For any affected source applying coating to. . .         HAP/liter
                                                              solids
                                                             applying
                                                           (pounds (lb)
                                                              HAP/gal
                                                           solids), is:
------------------------------------------------------------------------
1. Doors and windows....................................     0.06 (0.48)
2. Flooring.............................................     0.00 (0.00)
3. Interior wall paneling or tileboard..................     0.00 (0.04)
4. Other interior panels................................     0.00 (0.00)
5. Exterior siding, doorskins, and miscellaneous........     0.00 (0.00)
------------------------------------------------------------------------


         Table 3.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
                                                            The organic
                                                           HAP emission
                                                          limit you must
                                                            meet, in kg
    For any affected source applying coating to. . .         HAP/liter
                                                          solids (lb HAP/
                                                           gal solids),
                                                                is:
------------------------------------------------------------------------
1. Doors and windows....................................     0.17 (1.45)
2. Flooring.............................................     0.09 (0.78)
3. Interior wall paneling or tileboard..................     0.18 (1.53)
4. Other interior panels................................     0.00 (0.01)
5. Exterior siding, doorskins, and miscellaneous........     0.01 (0.06)
------------------------------------------------------------------------

    Operating Limits. If you reduce emissions by using a capture system 
and add-on control device (other than a solvent recovery system for 
which you conduct a liquid-liquid material balance), the proposed 
operating limits would apply to you. These limits are site-specific 
parameter limits you determine during the initial performance test of 
the system. For capture systems that are not permanent total enclosures 
(PTE), you would establish average volumetric flow rates or duct static 
pressure limits for each capture device (or enclosure) in each capture 
system. For capture systems that are PTE, you would establish limits on 
average facial velocity or pressure drop across openings in the 
enclosure.
    For thermal oxidizers, you would monitor the combustion 
temperature. For catalytic oxidizers, you would monitor the temperature 
immediately before and after the catalyst bed, or you would monitor the 
temperature before the catalyst bed and implement a site-specific 
inspection and maintenance plan for the catalytic oxidizer. For carbon 
adsorbers for which you do not conduct a liquid-liquid material

[[Page 42404]]

balance, you would monitor the carbon bed temperature and the amount of 
steam or nitrogen used to desorb the bed. For condensers, you would 
monitor the outlet gas temperature from the condenser. For 
concentrators, you would monitor the temperature of the desorption 
concentrate stream and the pressure drop of the dilute stream across 
the concentrator.
    All site-specific parameter limits that you establish must reflect 
operation of the capture system and control devices during a 
performance test that demonstrates achievement of the emission limits 
during representative operating conditions. We request specific 
comments on the proposed operating limits for this source category.
    Work Practice Standards. If you use an emission capture system and 
control device for compliance, you would be required to develop and 
implement a work practice plan to minimize organic HAP emissions from 
mixing operations, storage tanks and other containers, and handling 
operations for coatings, thinners, cleaning materials, and waste 
materials. The work practice plan must include steps to ensure that, at 
a minimum: All organic HAP coatings, thinners, cleaning materials, and 
waste materials must be stored in closed containers; spills of organic 
HAP coatings, thinners, cleaning materials, and waste materials must be 
minimized; organic HAP coatings, thinners, cleaning materials, and 
waste materials must be conveyed from one location to another in closed 
containers or pipes; mixing vessels which contain organic HAP coatings 
and other materials must be closed except when adding to, removing, or 
mixing the contents; and emissions of organic HAP must be minimized 
during cleaning of storage, mixing, and conveying equipment.
    If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the aforementioned 
sources, then your existing plan could be used to satisfy the 
requirement for a work practice plan.
    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 (SSMP) during periods of startup, 
shutdown, or malfunction of the capture system and control device.
    The General Provisions (40 CFR part 63, subpart A) also would apply 
to you as indicated in the proposed rule. The General Provisions codify 
certain procedures and criteria for all 40 CFR part 63 NESHAP. The 
General Provisions contain administrative procedures, preconstruction 
review procedures for new sources, and procedures for conducting 
compliance-related activities such as notifications, reporting and 
recordkeeping, performance testing, and monitoring. The proposed rule 
refers to individual sections of the General Provisions to emphasize 
key sections that are relevant. However, unless specifically overridden 
in the proposed rule, all of the applicable General Provisions 
requirements would apply to you.

F. When Must I Comply With the Proposed Rule?

    Existing wood building products facilities must comply within 3 
years of the date the promulgated rule is published in the Federal 
Register. New sources that commence construction after today's date 
must comply immediately upon initial startup or the effective date of 
the rule, whichever is later.

G. What Are the Testing and Initial Compliance Requirements?

    New or reconstructed affected sources would have to be in 
compliance upon initial startup of the affected source or by the 
effective date of the final rule, whichever is later. Existing affected 
sources would have to be in compliance with the final standards no 
later than 3 years after the effective date of the final rule. The 
effective date is the date on which the final rule is published in the 
Federal Register.
    Compliance with the emission limits is based on a rolling 12-month 
organic HAP emission rate determined each month. Each 12-month period 
is a compliance period. The initial compliance period, therefore, is 
the 12-month period beginning on the compliance date. If the compliance 
date occurs on any day other than the first day of a month, then the 
initial compliance period begins on the compliance date and extends 
through the end of that month plus the following 12 months. We have 
defined ``month'' as a calendar month or a pre-specified period of 28 
to 35 days to allow for flexibility at sources where data are based on 
a business accounting period.
    Being ``in compliance'' means that the owner or operator of the 
affected source meets the requirements to achieve the proposed emission 
limitations during 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 with the organic HAP emission limit and other applicable 
requirements for that period. If the affected source does not meet the 
applicable limits and other requirements, it is out of compliance for 
the entire initial compliance period. We welcome specific comments on 
the compliance dates and the data collection activities required for 
the initial compliance period.
    Emission Limits. There are several proposed options for complying 
with the proposed emission limits, and the testing and initial 
compliance requirements vary accordingly. You would be able to use 
different compliance options for different coating operations in the 
affected source and also for the same coating operation at different 
times.
    Option 1: Compliance based on the compliant material option. If you 
demonstrate compliance based on the compliant material option, you 
would determine the mass of organic HAP in all coatings, thinners, and 
cleaning materials used and the volume fraction of coating solids in 
all coatings used each month during the initial compliance period. You 
would be required to demonstrate that the organic HAP content of each 
coating meets the applicable emission limit and that you use no organic 
HAP thinners or cleaning materials.
    To determine the mass fraction of organic HAP in coatings, 
thinners, and cleaning materials and the volume fraction of coating 
solids, you could either rely on manufacturer's data or on test results 
using the test methods listed below. You may use alternative test 
methods provided you get EPA approval in accordance with the NESHAP 
General Provisions in 40 CFR 63.7(f). However, if there is any 
inconsistency between the test method results (either EPA's or an 
approved alternative) and manufacturer's data, the test method results 
would prevail for compliance and enforcement purposes:
     For mass fraction of organic HAP, use Method 311 of 40 CFR 
part 63, appendix A;
     The proposed rule would allow you to use nonaqueous 
volatile matter as a surrogate for organic HAP, which would include all 
organic HAP plus all other organic compounds, and excluding water. If 
you choose this option, then you would use Method 24 of 40 CFR part 60, 
appendix A; and
     For volume fraction of coating solids, use either 
information from the supplier or manufacturer of the material, ASTM 
Method D2697-86 (1998), or ASTM Method D6093-97.
    To demonstrate initial compliance based on the material used, you 
would be required to demonstrate that the organic HAP content of each 
coating

[[Page 42405]]

meets the applicable emission limit and that you use no organic HAP 
thinners or cleaning materials.
    Option 2: Compliance based on the emission rate without add-on 
controls option. If you demonstrate compliance based on the emission 
rate without add-on controls option, you would determine the mass 
fraction of organic HAP in all coatings, thinners, and cleaning 
materials and the volume fraction of coating solids used each month 
during the initial compliance period. You would use the same methods as 
described above for Option 1. You would also:
     Determine the quantity of each coating, thinner, and 
cleaning material used.
     Calculate the total mass of organic HAP in all materials 
and total volume of coating solids used each month. You may subtract 
the total mass of organic HAP contained in waste materials you send to 
a hazardous waste treatment, storage, and disposal facility regulated 
under 40 CFR part 262, 264, 265, or 266.
     Calculate the total mass of organic HAP emissions and 
total volume of coating solids for the initial compliance period by 
adding together all the monthly values for mass of organic HAP and for 
volume of coating solids for the 12 months in the initial compliance 
period.
     Calculate the ratio of the total mass of organic HAP for 
the materials used to the total volume of coating solids used for the 
initial compliance period.
     Record the calculations and results and include them in 
your Notification of Compliance Status.
    Option 3: Compliance based on the emission rate with add-on 
controls option. If you use a capture system and add-on control device, 
other than a solvent recovery system for which you conduct a liquid-
liquid material balance, your testing and initial compliance 
requirements are as follows:
     Conduct an initial performance test to determine the 
capture and control efficiencies of the equipment and to establish 
operating limits to be achieved on a continuous basis. The performance 
test would have to be completed by the compliance date for existing 
sources and no later than 180 days after the compliance date for new or 
reconstructed affected sources.
     Determine the mass fraction of organic HAP in each 
material and the volume fraction of coating solids for each coating 
used each month of the initial compliance period.
     Calculate the total mass of organic HAP in all materials 
and total volume of coating solids used each month in the coating 
operation or group of coating operations. You may subtract from the 
total mass of organic HAP the amount contained in waste materials you 
send to a hazardous waste treatment, storage, and disposal facility 
regulated under 40 CFR part 262, 264, 265, or 266.
     Calculate the organic HAP emission reductions for 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 and 
total volume of coating solids for the initial compliance period by 
adding together all monthly values for mass of organic HAP and for 
volume of coating solids for the 12 months in the initial compliance 
period.
     Calculate the ratio of the total mass of organic HAP 
emissions to the total volume of coating solids used during the initial 
compliance period.
     Record the calculations and results and include them in 
the Notification of Compliance Status.
    If you use a capture system and add-on control device, other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances, you would determine both the efficiency of the capture system 
and the emission reduction efficiency of the control device. To 
determine the capture efficiency, you would either verify the presence 
of a PTE 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 the protocols in Sec. 63.4765 of the proposed rule to measure 
capture efficiency. If you have a PTE and all the 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 at 
least 1 hour, using the following EPA Methods in 40 CFR part 60, 
appendix A:
     Method 1 or 1A for selection of the sampling sites.
     Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate.
     Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight.
     Method 4 to determine stack moisture.
     Method 25 or 25A to determine organic volatile matter 
concentration. Alternatively, any other test method or data that have 
been validated according to the applicable procedures in Method 301 of 
40 CFR part 63, appendix A, and approved by the Administrator, could be 
used.
    If you use a solvent recovery system, you could determine the 
overall control efficiency using a liquid-liquid material balance 
instead of conducting an initial performance test. If you use the 
material balance alternative, you would be required to measure the 
amount of all materials used in the coating operations served by the 
solvent recovery system during each month of the initial compliance 
period and determine the volatile matter contained in these materials. 
You would also measure the amount of volatile matter recovered by the 
solvent recovery system each month of the initial compliance period. 
Then you would compare the amount recovered for the 12-month initial 
compliance period to the amount used to determine the overall control 
efficiency, and apply this efficiency to the ratio of organic HAP to 
coating solids for the materials used. You would record the 
calculations and results and include them in your Notification of 
Compliance Status.
    Operating Limits. As mentioned above, you would establish operating 
limits as part of the initial performance test of a capture system and 
control device, other than a solvent recovery system for which you 
conduct liquid-liquid material balances. The operating limits are the 
minimum or maximum (as applicable) values achieved for capture systems 
and control devices during the most recent performance test that 
demonstrated compliance with the emission limits.
    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 the manufacturer's specifications and 
ensure that the continuous parameter monitoring systems (CPMS) meet the 
requirements in Sec. 63.4768 of the proposed rule. If you use control 
devices other than those identified in the proposed rule, you would 
submit the operating parameters to be monitored to the Administrator 
for approval. The authority to approve the parameters to be monitored 
is retained by EPA and is not delegated to States.
    If you use a thermal oxidizer, you would continuously monitor the 
appropriate temperature and record it at least every 15 minutes. 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

[[Page 42406]]

measured during the performance test, and for each consecutive 3-hour 
period, the average temperature would have to be at or above this 
limit. If you use a catalytic oxidizer, you may choose from two methods 
to determine operating limits. In the first method, you would 
continuously monitor the temperature immediately before and after the 
catalyst bed and record it at least every 15 minutes. The operating 
limits would be the average temperature before the catalyst bed and the 
average temperature difference across the catalyst bed during the 
performance test, and for each 3-hour period, the average temperature 
and the average temperature difference would have to be at or above 
these limits. In the alternative method, you would continuously monitor 
the temperature immediately before the catalyst bed and record it at 
least every 15 minutes. The operating limit would be the average 
temperature just before the catalyst bed during the performance test, 
and for each 3-hour period, the average temperature would have to be at 
or above these limits. As part of the alternative method, you must also 
develop and implement an inspection and maintenance plan for your 
catalytic oxidizer.
    If you use a carbon adsorber and do not conduct liquid-liquid 
material balances to demonstrate compliance, you would monitor the 
carbon bed temperature after each regeneration and the total amount of 
steam or nitrogen used to desorb the bed for each regeneration. The 
operating limits would be the carbon bed temperature (not to be 
exceeded) and the amount of steam or nitrogen used for desorption (to 
be met as a minimum).
    If you use a condenser, you would monitor the outlet gas 
temperature to ensure that the air stream is being cooled to a low 
enough temperature. The operating limit would be the average condenser 
outlet gas temperature measured during the performance test, and for 
each consecutive 3-hour period, the average temperature would have to 
be at or below this limit.
    If you use a concentrator, you would monitor the desorption 
concentrate stream gas temperature and the pressure drop of the dilute 
stream across the concentrator. The operating limits would be the 
desorption concentrate gas stream temperature (to be met as a minimum) 
and the dilute stream pressure drop (not to be exceeded).
    For each capture system that is not a PTE, you would establish 
operating limits for gas volumetric flow rate or duct static pressure 
for each enclosure or capture device. The operating limit would be the 
average volumetric flow rate or duct static pressure during the 
performance test, to be met as a minimum. For each capture system that 
is a PTE, the operating limit would require the average facial velocity 
of air through all natural draft openings to be at least 200 feet per 
minute or the pressure drop across the enclosure to be at least 0.007 
inches water.
    Work Practices. If you use the emission rate with add-on controls 
option, you would be required to develop and implement on an ongoing 
basis a work practice plan for minimizing organic HAP emissions from 
storage, mixing, material handling, and waste handling operations. You 
would have to make the plan available for inspection if the 
Administrator requests to see it. We believe work practice standards 
are appropriate to further reduce emissions. We request specific 
comments on the work practice standards required for this source 
category.
    If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the aforementioned 
sources, then your existing plan may be used to satisfy the requirement 
for a work practice plan.
    If you use a capture system and control device for compliance, you 
would be required to develop and operate according to a SSMP during 
periods of startup, shutdown, or malfunction of the capture system and 
control device.

H. What Are the Continuous Compliance Provisions? Emission Limits.

    Option 1: Compliance based on the compliant material option. If you 
demonstrate compliance with the proposed emission limits based on the 
compliant material option, you would demonstrate continuous compliance 
if, for each 12-month compliance period, the organic HAP content of 
each coating used does not exceed the applicable emission limit and you 
use no thinner or coating material that contains organic HAP. You would 
follow the same procedures for determining compliance that you used for 
the initial compliance period.
    Option 2: Compliance based on the emission rate without add-on 
controls option. If you demonstrate compliance with the proposed 
emission limits based on the emission rate without add-on controls 
option, you would demonstrate continuous compliance if, for each 12-
month compliance period, the ratio of total mass of organic HAP to 
total volume of coating solids used is less than or equal to the 
applicable emission limit. You would follow the same procedures for 
calculating the organic HAP to coating solids ratio that you used for 
the initial compliance period.
    Option 3: Compliance based on the emission rate with add-on 
controls option. For each coating operation on which you use a capture 
system and control device other than a solvent recovery system for 
which you conduct a liquid-liquid material balance, the continuous 
parameter monitoring results for each month would affect your 
compliance determination. If the monitoring results indicate no 
deviations from the operating limits and there were no bypasses of the 
control device, you would assume the capture system and control device 
are achieving the same percent emission reduction efficiency as they 
did during the most recent performance test in which compliance was 
demonstrated. You would then apply this percent reduction to the total 
mass of organic HAP in materials used in controlled coating operations 
to determine the monthly mass of organic HAP emissions 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 emissions by 
assuming the capture system and control device were achieving zero 
emission reduction during the periods of deviation. Then, you would 
determine the organic HAP emission rate by dividing the total mass of 
organic HAP emissions by the total volume of coating solids used during 
the 12-month compliance period. Every month, you would calculate the 
emission rate for the previous 12-month period.
    For each coating operation on which you use a solvent recovery 
system and conduct a liquid-liquid material balance each month, you 
would use the liquid-liquid material balance to determine control 
efficiency. To determine the overall control efficiency, you must 
measure the amount of all materials used during each month and 
determine the volatile matter content of these materials. You must also 
measure the amount of volatile matter recovered by the solvent recovery 
system during the month, calculate the overall control efficiency, and 
apply it to the total mass of organic HAP in the materials used to 
determine total organic HAP emissions. Then, you would determine the 
12-month organic HAP emission rate in the same manner as described 
above.
    Operating Limits. If you use an emission capture system and control 
device, the proposed rule would require

[[Page 42407]]

you to achieve, on a continuous basis, the operating limits you 
establish during the performance test. If the continuous monitoring 
shows that the capture system and control device is operating outside 
the range of values established during the performance test, you have 
deviated from the established operating limits.
    If you operate a capture system and control device that allow 
emissions to bypass the control device, you would have to demonstrate 
that organic HAP emissions collected by the capture system are being 
routed to the control device by monitoring for potential bypass of the 
control device. You may choose from the following four monitoring 
procedures:
     Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device;
     Car-seal or lock-and-key valve closures to secure the 
bypass line valve in the closed position when the control device is 
operating;
     Valve closure monitoring to ensure any bypass line valve 
or damper is closed when the control device is operating; or
     Automatic shutdown system to stop the coating operation 
when flow is diverted from the control device.
    If the bypass monitoring procedures indicate that emissions are not 
routed to the control device, you have deviated from the emission 
limits.
    Work practices. If you use the emission rate with add-on controls 
option, you would be required to implement, on an ongoing basis, the 
work practice plan you developed during the initial compliance period. 
If you did not develop a plan for reducing organic HAP emissions or you 
do not implement the plan, this would be a deviation from the work 
practice standard.
    If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the aforementioned 
sources, then your existing plan may be used to satisfy the requirement 
for a work practice plan.
    If you use a capture system and control device for compliance, you 
would be required to operate according to your SSMP during periods of 
startup, shutdown, or malfunction of the capture system and control 
device.

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

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

[[Page 42408]]

    Deviations, as determined from these records, will need to be 
recorded and also reported. A deviation is any instance when any 
requirement or obligation established by the proposed rule, including 
but not limited to, the emission limits, operating limits, and work 
practice standards, is not met.
    If you use a capture system and control device to reduce organic 
HAP emissions, you would have to make your SSMP available for 
inspection if the Administrator requests to see it. The plan will stay 
in your records for the life of the affected source or until the 
affected source is no longer subject to the proposed 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 include them in the report as 
follows:
     Report each deviation from the emission limits.
     Report each deviation from the work practice standards if 
you use a emission capture system and control device.
     If you use a emission capture system and control device 
other than a solvent recovery system for which you conduct liquid-
liquid material balances, report each deviation from an operating limit 
and each time a bypass line diverts emissions from the control device 
to the atmosphere.
     Report other specific information on the periods of time 
and details of deviations that occurred.
    You would also have to include in each semiannual report an 
identification of the compliance option(s) you used and of time periods 
when you changed to another option.
    Other Reports. You would be required to submit reports for periods 
of startup, shutdown, or malfunction of the capture system and control 
device. If the procedures you follow during any startup, shutdown, or 
malfunction are inconsistent with your plan, you would report those 
procedures with your semiannual reports in addition to immediate 
reports required by Sec. 63.10(d)(5)(ii) of the NESHAP General 
Provisions.

III. Rationale for Selecting the Proposed Standards

A. How Did We Select the Source Category and Subcategories?

    The surface coating of wood building products is a source category 
that is on the list of source categories to be regulated because it 
contains major sources that emit or have the potential to emit at least 
9.07 Mg (10 tons) of any one HAP or at least 22.7 Mg (25 tons) of any 
combination of HAP annually. The proposed rule would control HAP 
emissions from both new or reconstructed sources and existing major 
sources. Area sources are not being regulated under the proposed rule.
    The surface coating of wood building products as described in the 
listing includes any facility engaged in the surface coating of wood 
building products, whether they manufacture the wood building product 
or not. We use wood building products lists contained in the SIC and 
NAICS code descriptions to describe the vast array of wood building 
products.
    We intend the source category to include facilities for which the 
surface coating of wood building products is either their principal 
activity or is an integral part of a production process that is the 
principal activity. Most coating operations are located at plant sites 
such as these. However, some may be located at plant 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 operations and applicable emission control techniques, 
are included in the source category. The definition of the source 
category is intended to reflect this inclusion.
    Due to the broad scope of the wood building products surface 
coating industry, the category definition likewise needs to be broad in 
order to include the varieties of operations and activities that might 
occur at these facilities. However, a broad description has the 
potential to unintentionally include coating operations that we would 
not consider part of the category. Therefore, we reviewed the available 
data and information to identify a descriptor common to all the sources 
in the database that would further help to describe the category. Based 
on our review, we believe that the quantity of coating usage is the 
most equitable description for purposes of defining the scope of the 
category. Other descriptions that could have been used but that we have 
chosen not to propose because they would be too difficult to implement 
or they are not as equitable as coating usage include production rate, 
quantity of emissions, and solvent usage.
    Facilities in the affected source category for which the data were 
available to us reported annual usage of coatings to be higher than 
4,170 liters per year (1,100 gal per year). Therefore, the types of 
coatings and coating application methods that were evaluated in 
developing these proposed standards represent only those known to be 
used at facilities applying more than 4,170 liters (1,100 gal) of 
coatings per year.
    To be consistent with the available data, we propose to define the 
source category to include any wood building products surface coating 
operation that is a major source of HAP emissions or that is located at 
or is part of a major source and uses at least 4,170 liters per year 
(1,100 gal per year) of coatings annually. This definition is intended 
to include all facilities dedicated to wood building product surface 
coating operations, and similar types and sizes of surface coating 
operations that are collocated at major sources for which the principal 
activity is something other than surface coating. The source category 
does not include research or laboratory facilities; janitorial, 
building, and facility construction or maintenance operations; or hobby 
shops that are operated for personal rather than for commercial 
purposes. The source category also does not include coating 
applications using handheld nonrefillable aerosol containers. We 
request specific comments on the source category definition.
    Subcategory Selection. 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 process, 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

[[Page 42409]]

consider existing regulations or guidance from States and other 
regulatory agencies in determining subcategories.
    After reviewing survey responses from the industry, facility site 
visit reports, and information received from stakeholder meetings, we 
found that the wood building products surface coating industry may be 
grouped into five subcategories with differing coating and performance 
requirements. The five subcategories are: (1) Doors and windows; (2) 
flooring; (3) interior wall paneling and tileboard; (4) other interior 
panels; and (5) exterior siding, doorskins, and miscellaneous.
    We specifically invite comments on the selection of subcategories 
in the proposed rule. For example, we are interested in whether there 
may be significant differences in product quality or manufacture that 
could appropriately be addressed by additional subcategories. The EPA 
notes that cost-effectiveness estimates for some of the subcategories 
covered by the proposed rule suggest that achieving the MACT floor will 
be expensive in comparison to the volume of organic HAP controlled. The 
data suggest that there is a great deal of variation in emission rates 
even within many of the subcategories. The EPA is interested in data or 
information that can be used to better address subcategorization and on 
the costs of the proposed rule and any alternative approaches that 
commenters may suggest.
    Doors and Windows. The doors and windows subcategory typically 
includes the priming and sometimes prefinishing of doors and/or 
windows, including associated door and window components such as 
moulding or trim. Moulding and trim are decorative or ornamental wood 
products that are assembled with doors and windows to create a fixture. 
Facilities typically produce both doors and windows and door and window 
components at the same site. This is primarily to achieve consistency 
in the appearance of the coatings applied and to aid in the assembly of 
the end product or complete fixture (e.g., door or window assembly).
    Door and window manufacturing and assembly operations are not 
typically performed at the same site as doorskin manufacturing due to 
the different manufacturing operations and types of coatings used. 
Doors are manufactured by applying adhesive to a core and frame and 
then pressing a doorskin on either side of the core and frame. 
Doorskins are thin pieces of wood, such as veneer or fiberboard, which 
are typically only primed at the doorskin manufacturing location prior 
to being sent to a location that manufactures a door.
    The doors and windows segment of the industry is faced with two 
separate coating problems due to the exposure to both inside and 
outside environments, which require substantially different performance 
requirements. First, the primers and prefinishes that will be subject 
to exterior conditions must have weather resistant properties similar 
to those of exterior siding. Second, the coatings subject to interior 
conditions must have stain and scrub resistant properties similar to 
interior coatings that may or may not be pigmented, but must still 
resist ultraviolet (UV) (sunlight) damage.
    Related to those performance requirements, doors and windows are 
the only products in the industry that require solvent-borne wood 
treatment/preservative coatings prior to finishing. More than half of 
the coatings (57 percent) reported by the facilities in the database 
are high-HAP content wood treatment/preservative coatings. These are 
low-solids solvent-borne coatings that must penetrate the wood to 
protect from moisture and decay. There are no known low- or no-HAP 
alternatives for these coatings, and the average organic HAP content 
was 2.34 kg HAP/liter solids (19.5 lb HAP/gal solids), based on a 
sample of door and window facilities.
    The sharp angles, small areas, and openings associated with 
moulding and trim of doors and windows are more difficult to coat than 
the other relatively flat surfaces coated in the other subcategories of 
this industry. Door and window surface coating operations utilize 
either hang or flat lines and coat using spray systems due to non-flat 
surfaces that prevent the use of roll coating. Line speeds for doors 
and windows are also much slower than most ``flat'' products (e.g., 100 
doors per day versus 70,000 doorskins per day). Dip tanks are sometimes 
used for the wood treatment/preservative coatings, which allows the 
product to soak in the coating.
    Although some doors are marketed with only a factory-applied 
primer, most are coated with a prefinish system that must meet industry 
performance standards. The prefinish system used is either solvent-
based aminoplast technology or conventional solvent-based coating 
technology. Conventional solvent-based coating systems are typically 
used for interior doors while solvent-based aminoplast technology is 
used primarily for exterior doors to impart weather resistance 
characteristics without compromising aesthetic requirements. The 
commercial resin systems available for mixing with aminoplast coats are 
diluted with xylene and/or toluene. We believe that the performance 
requirements and various coating operations of this industry segment 
warrant creation of a subcategory.
    Flooring. The flooring subcategory includes facilities involved in 
the finishing or lamination of a wood building product to be used as 
hardwood or wood laminate flooring. Hardwood flooring is cut and 
grooved and typically finished in 8-foot or 12-foot strips. Laminate 
flooring is becoming increasingly popular in the United States and is 
manufactured using adhesives (typically urea formaldehyde or melamine 
formaldehyde) that are applied to a paper backing to one side of a thin 
piece of particleboard and a decorative laminate.
    Flooring is limited by the coating types used, including the 
predominant use of solvent-borne stains and UV sealers and topcoats. 
Based on a sample of flooring operations, UV sealers and topcoats 
accounted for approximately 65 percent of all coatings and zero organic 
HAP emissions. Stains made up the other 35 percent of coatings and 
averaged 2.82 kg HAP/liter solids (23.5 lb HAP/gal solids). No other 
industry segment has this unique finishing scenario. Solvent-based 
stains are prevalent in the industry, and some industry representatives 
state they are needed in order to obtain the clarity of the wood grain. 
Recent technology advancements over the past few years have moved to 
water-borne stains, which in the past have tended to cause 
``fuzziness'' in the appearance of the wood grain. In addition to the 
hardwood flooring products, the use of adhesives in laminated flooring 
distinguishes this operation from the remainder of the industry. For 
these reasons, we believe that a separate subcategory is appropriate 
for flooring.
    Interior Wall Paneling and Tileboard. The interior wall paneling 
and tileboard subcategory includes the application of a coating to a 
panel used only as a wall covering. Interior wall paneling is usually 
grooved, frequently embossed, and sometimes grain printed to resemble 
various wood species. The substrate can be hardboard, plywood, medium 
density fiberboard (MDF), or particleboard. Tileboard is a premium 
interior wall paneling product used in areas of the home such as 
kitchens and bathrooms. If tileboard is manufactured at a facility, 
then interior wall paneling is typically manufactured at the same 
facility. Tileboard, however, is not always manufactured at facilities 
that manufacture interior wall paneling.

[[Page 42410]]

    Interior wall paneling and tileboard are the primary components of 
the interior panel product subgroup of wood building products. Product 
specifications are established by consensus standards for both interior 
wall paneling and tileboard. Interior wall paneling has more decorative 
coating requirements than other products and is typically manufactured 
at the same facilities as tileboard, although in much smaller 
quantities. Tileboard has even more stringent product performance 
requirements (i.e., adhesion and hardness standards, household stain, 
scrub and moisture resistance, while maintaining a relative smooth 
surface) compared to standard interior wall paneling.
    Decorative appearance (embossed, grooved, or grain-printed) and 
performance of the intermediate and end products require multiple 
coating layers and coating steps far exceeding other subcategories. 
Production speeds of 30 to 35 boards per minute require that coalescent 
solvents be used that come out of the wet film without leaving cure 
blisters and without leaving residual solvent in the coating film or 
substrate. Residual solvents can cause product ``blocking'' (products 
sticking together) during storage. Tileboard coatings average 0.71 kg 
HAP/liter solids (5.9 lb HAP/gal solids), and interior wall paneling 
coatings average around 0.19 kg HAP/liter solids (1.6 lb HAP/gal 
solids). Both products utilize high-temperature aminoplast 
crosslinkable coatings that are used on substrates that can tolerate 
higher processing temperatures. These coatings have traditionally been 
tied to solvent-borne technology where the main resins are supplied in 
toluene, xylene, and butyl alcohols. The aforementioned coating 
elements of this industry segment support the creation of a separate 
subcategory.
    Other Interior Panels. The other interior panels subcategory 
typically includes the application of a coating to interior panels that 
are sold for uses other than wall paneling, such as sheathing, 
insulation board, pegboard, and ceiling tiles. Panels in this category 
are normally not embossed, grooved, or grain-printed. Other interior 
panels are frequently cut to size after coating either by the coater or 
the purchaser. In addition to hardwood plywood and hardboard 
substrates, softboard, fiberboard, particleboard, and MDF are other 
substrates that are shipped to, or produced at, wood building products 
facilities and used to produce coated interior panels.
    Some facilities produce interior panels that are used in final 
products such as shelving, drawersides, cabinetry, store fixtures, 
display cases, and many other wood furniture components. These types of 
facilities that are major sources of organic HAP emissions will not be 
covered under the wood building products (surface coating) NESHAP 
because they are already covered under the wood furniture NESHAP (40 
CFR part 63, subpart JJ).
    Other interior panels make up the rest of the interior panels 
subcategory of wood building products. In this segment of the industry, 
product specifications are established between the buyer and seller and 
not by consensus standards. These products are used for interior 
applications other than wall paneling or tileboard and use fewer 
coating layers. Other interior panels typically are produced with a 
single color and have fewer coating steps, less stringent product 
performance requirements, and some UV applications that provide low 
organic HAP emission rates. Primers and basecoats comprise 32 percent 
of all the coatings used on these products and average 0.21 kg HAP/
liter solids (1.8 lb HAP/gal solids); prefinishes (clearcoats, paints/
inks, sealers, stains, and topcoats) make up 47 percent of the coating 
usage and average 0.20 kg HAP/liter solids (1.7 lb HAP/gal solids). 
These product differences support a separate subcategory.
    Exterior Siding, Doorskin, and Miscellaneous. Exterior siding may 
be made of solid wood, hardboard, or waferboard. Siding made of solid 
wood and hardboard is typically primed at the manufacturing facility 
and finished in the field, although some finishing may be performed 
during manufacturing on a limited basis. Exterior trim (material made 
out of siding panels and used for edges and corners around the siding) 
is typically manufactured at the same facility and coated with the same 
coatings as siding.
    Facilities that produce waferboard or oriented strandboard siding 
typically use a coated paper overlay with a water-borne primer. Since 
the coating paper overlay is often added prior to the press, which is 
considered to be part of the substrate manufacturing process, these 
facilities will not be covered under the wood building products 
(surface coating) NESHAP, but will be covered under the plywood and 
composite wood products NESHAP (40 CFR part 63, subpart DDDD).
    Doorskins are thin pieces of wood, such as veneer or fiberboard, 
used on the outside surfaces or facings of a door. Doorskin 
manufacturing is almost always performed at a separate location from 
door manufacturing. Also, many facilities manufacture and finish both 
exterior siding and doorskins at the same site.
    There are several miscellaneous wood building products that are 
surface coated and for which there is little or no emissions or product 
performance information available. However, several of the 
miscellaneous wood building products are used on the exterior of 
buildings or structures, which would require similar protection as 
exterior siding. These miscellaneous wood building products include, 
but are not limited to, shutters, shingles, awnings, laminated veneer 
lumber, and millwork that is not associated with doors and windows or 
flooring.
    This industry segment involves exterior products that must have 
coatings able to withstand extreme and long-term weather conditions. 
The predominant use of primers (82 percent of all coatings) relates to 
a compatibility issue for all subsequent coating layers and warranty 
provisions. These primers are low-HAP content coatings that average 
0.01 kg HAP/liter solids (0.1 lb HAP/gal solids). The prefinishes, 
including basecoats, sealers, stains, and topcoats, have a higher 
average HAP content, 0.07 kg HAP/liter solids (0.6 lb HAP/gal solids), 
and comprise the remaining 18 percent of the coatings used by these 
facilities. The typical siding facility produces mainly primed siding, 
but has a small percentage of prefinished material as well. Also, many 
exterior siding facilities coat doorskins at the same location.
    In summary, an important aspect in the determination of 
subcategories for wood building products surface coating operations 
relates to the differences in the performance requirements of the 
coatings used, which relates to the type and the amount of coatings 
required to meet the end-product specifications. The effectiveness of 
an applied coating system depends on the extent to which the adhesion 
of the coating to the substrate or other coating layers can take place, 
the chemical nature and physical properties of the coating material, 
and the severity of service environment. The durability and quality of 
coatings depend on cohesion and adhesion properties. The EPA believes 
that coatings and surface multiplicity differences, as outlined above, 
warrant establishing subcategories for the wood building products 
source category.

B. How Did We Select the Regulated Pollutants?

    Available emission data collected during the development of the 
proposed NESHAP show that the primary organic HAP emitted from the 
surface coating of

[[Page 42411]]

wood building products include xylene, toluene, ethyl benzene, EGBE, 
and glycol ethers (not including EGBE). These compounds account for 84 
percent of this source category's nationwide organic HAP emissions. 
However, many other organic HAP are used in wood building products 
coatings, thinners, and cleaning materials. Therefore, the proposed 
rule would regulate emissions of all organic HAP.
    Although most of the coatings used in this source category do not 
contain inorganic HAP, some special purpose coatings used by this 
source category do contain inorganic HAP such as chromium, manganese, 
and antimony. Emissions of these materials to the atmosphere are 
minimal because the facilities in this source category employ either 
water curtains or dry filters that remove overspray particles from the 
spray booth exhaust. Therefore, 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 or subcategory 
being regulated. The affected source also serves to determine 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 emission standards are based on a collection of emission 
sources, or total facility emissions relative to products with similar 
coating operations, we select an affected source based on that same 
collection of emission sources, or the total facility emissions 
relative to products with similar coating operations, as well. This 
approach for defining the affected source broadly is particularly 
appropriate for industries where affected source-wide emission 
standards provide 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.
    The affected source for these proposed standards is broadly defined 
to include all operations associated with the surface coating of wood 
building products and the cleaning of coating operation equipment. In 
selecting the affected source, we considered, for each operation, the 
extent to which HAP materials are used and the amount of HAP that are 
emitted. The organic HAP emissions from surface coating operations at 
wood building products facilities originate from the surface coating 
application, drying/curing, thinning and/or mixing, and cleaning 
operations; storage, handling, and transfer of coatings, thinners, and 
cleaning materials; and waste materials related to the various coatings 
applied to the wood building products. Consequently, the magnitude of 
emissions depends heavily on the amount and HAP content of the coatings 
used, the application method used, the amount and HAP content of 
solvents used, the drying/curing operations used, and the efficiency of 
any capture systems and add-on control devices. These factors are 
determined by the purpose or function of the coating, the wood building 
products surface coating method, and specific requirements related to 
the end use of the wood building product.
    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 organic HAP materials, each 
affected source can select among available coatings, thinners, and 
cleaning materials to comply with the proposed limits. Additional 
information on the wood building products 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 New or Reconstructed and Existing Sources?

    After we identify the specific source categories or subcategories 
of sources to regulate under section 112 of the CAA, we must develop 
emission standards for each category and subcategory. Section 112(d)(3) 
establishes a minimum baseline or ``floor'' for standards. For new or 
reconstructed sources in a category or subcategory, the standards 
cannot be less stringent than the emission control achieved in practice 
by the best-controlled similar source for which we have emission 
information. The standards for existing sources can be less stringent 
than standards for new or reconstructed sources, but they cannot be 
less stringent than the average emission limitation achieved by the 
best-performing 12 percent of existing sources (or the best-performing 
five existing sources for categories or subcategories with fewer than 
30 sources) for which we have emission information.
    Within the wood building products industry, organic HAP emission 
control for cleaning and surface coating operations is accomplished 
primarily through the use of low- or no-HAP coatings, thinners, and 
cleaning materials. Add-on capture and control systems for organic HAP 
are rarely used by the industry. While low- or no-HAP materials have 
achieved broad use throughout the industry, each particular coating 
technology is not used at every facility. Rather, facilities use 
various combinations of low- or no-HAP coatings, thinners, and cleaning 
materials. Thus, we judged the most reasonable approach to establishing 
a MACT floor to be the evaluation of a facility's organic HAP emissions 
from all coating-related operations. To account for differences in 
production levels from one facility to another, we normalized the 
organic HAP emission rate by the volume of coating solids used. We 
believe coating solids usage is an appropriate indicator of overall 
production levels.
    We used information obtained from industry survey responses to 
estimate the sourcewide organic HAP emission rate from each survey 
respondent. We calculated total organic HAP emissions by assuming that 
100 percent of the volatile components in all coatings (including 
adhesives), thinners, and cleaning materials are emitted. Sources used 
for determining the MACT floor emission limits were identified as those 
facilities that listed ``major source'' or ``synthetic minor source'' 
as their title V status on their questionnaire response, and other 
facilities whose data indicated that they have the capacity to increase 
their organic HAP emissions to at least 9.1 Mg/yr (10 tpy), even though 
they did not identify themselves as major or synthetic minor sources.
    The survey response information was used to determine the total 
volume of coating solids used by each source. We included decorative, 
protective, and functional coatings in this total.
    Using the sourcewide organic HAP emissions and the total volume of 
coating solids used for each survey respondent, we calculated the 
normalized organic HAP emissions (emission rate) in units of kg organic 
HAP per liter of coating solids (lb

[[Page 42412]]

organic HAP per gal of coating solids) used. The facilities were then 
ranked from the lowest to the highest emission rate in each of the five 
subcategories.
    For two of the five subcategories, the existing source MACT floor 
was based on the top 12 percent of the facilities because the 
subcategories were projected to have more than 30 sources. The existing 
source MACT floor for the other three subcategories was based on the 
top five facilities because the subcategories were projected to have 
fewer than 30 sources. The ``average'' emission rate for each 
subcategory was interpreted as the median emission rate. The median 
emission rate was selected rather than the mean or mode because it is 
associated with an actual emission rate being achieved by a real 
facility.
    The best performing facilities in each subcategory in the database 
achieved the emission limits for new or reconstructed sources in Table 
2 of this preamble. The MACT floor process for existing sources 
resulted in the emission limits identified in Table 3 of this preamble 
by subcategory. The survey data showed no appreciable differences 
between the floor facilities and the remaining facilities in each 
subcategory in terms of the substrates coated, the coating technologies 
used, or the applicability of control measures across the various 
operations. Therefore, we believe the floor levels of control are 
achievable by the sources in each subcategory.
    After the floors have been determined for new or reconstructed and 
existing sources in a source category or subcategory, we must set 
emission standards that are technically achievable and no less 
stringent than the floors. Such standards must then be met by all 
sources within the source category or subcategory. We identify and 
consider any reasonable regulatory alternatives that are ``beyond-the-
floor,'' taking into account emission reductions, cost, non-air quality 
health and environmental impacts, and energy requirements. These 
alternatives may be different for new or reconstructed and existing 
sources because of different MACT floors, and separate standards may be 
established for new or reconstructed and existing sources.
    We identified and considered control levels more stringent than the 
MACT floor level of control for organic HAP. The more stringent option 
was the use of capture systems and add-on control devices at every 
facility. The add-on control device chosen for the beyond-the-floor 
analysis was a regenerative thermal oxidizer (RTO). An RTO was chosen 
to achieve the highest reduction level possible.
    In evaluating the beyond-the-floor option, we calculated the 
additional costs and emission reductions associated with the use of a 
capture system and RTO. Since most affected sources do not have any 
form of add-on control to reduce organic HAP emissions from surface 
coating operations, we believe that almost all of the facilities, 
including the few facilities with existing add-on control, would need 
to install a new capture system and an RTO to achieve the more 
stringent level of control.
    We calculated the cost to reduce each ton of organic HAP emissions 
using the more stringent level of control. Requiring sources to meet 
the beyond-the-floor level results in an estimated emission reduction 
of 4,800 Mg/yr (5,300 tpy) at an estimated cost of $133.5 million per 
year or $27,900 per Mg HAP ($25,300 per ton HAP) reduced.
    Without having information on the benefits that would be achieved 
by reducing emissions beyond-the-floor, we determined that the 
additional emission reductions that could be achieved do not warrant 
the costs that each existing source could incur by using add-on 
controls. Therefore, we are not requiring beyond-the-floor levels of 
emission reductions at this time. After implementation of these 
standards, we will evaluate the health and environmental risks that may 
be posed as a result of exposure to emissions from the wood building 
products source category. At that time, we will determine whether the 
additional costs are warranted in light of the available risk 
information.
    For new or reconstructed sources, the organic HAP emission limits 
are zero or near zero kg HAP/liter of solids (lb HAP/gal of solids). 
These limits will achieve 100 percent or nearly 100 percent organic HAP 
emission reductions. Therefore, there are no other control technologies 
that need to be considered as a beyond-the-floor option for controlling 
organic HAP from new or reconstructed sources.
    For new or reconstructed sources, we based the proposed standards 
on the new source MACT floor. For existing sources, we based the 
proposed standards on the existing source MACT floor. As described 
earlier, we determined that the beyond-the-floor option was not 
technically or economically feasible for all existing sources.
    The MACT levels of control for new or reconstructed and existing 
sources can be achieved in several different ways. Many sources would 
be able to use low- or no-HAP coatings, although they may not be 
available to meet the needs of every source. If a source is also using 
thinners or cleaning materials that contain organic HAP, then it may be 
able to switch to low- or no-HAP thinners and cleaning materials, which 
are widely available, to reduce the sourcewide organic HAP emissions 
rate to the MACT level. Other available options are the use of UV 
coatings or capture systems and add-on control devices to reduce 
emissions.
    We note here that our assumption, used in the development of the 
MACT floors, that 100 percent of the organic HAP in the materials used 
are emitted by the affected source would not apply when the source 
sends organic HAP waste materials to a facility for treatment or 
disposal. We made that assumption because the industry survey responses 
provided little information as to the amount of organic HAP recovered 
and recycled or treated and disposed. We, therefore, concluded that the 
practice may not be common within the wood building products surface 
coating industry. We recognize, however, that some wood building 
products facilities may conduct such activities and should be allowed 
to account for such activities in determining their emissions. Thus, 
the proposed rule allows you to reduce the organic HAP emissions by the 
amount of any organic HAP contained in waste treated or disposed at a 
hazardous waste treatment, storage, and disposal facility that is 
regulated under 40 CFR part 262, 264, 265, or 266.

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

    We selected the format of the standards to be mass of organic HAP 
per volume of coating solids. The proposed format would allow wood 
building products surface coating operation owners and operators 
flexibility in choosing any combination of means (including coating 
reformulation, use of low- or no-HAP materials, solvent elimination, 
work practices, and add-on control devices) to comply with the 
applicable 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 also selected the volume of coating 
solids used because it is directly related to the surface area coated 
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

[[Page 42413]]

coatings, such as basecoats or enamels, compared to coatings with lower 
densities per unit volume.
    Other choices for the format of the standards that we considered, 
but chose not to propose, included a usage limit (mass per unit of 
production) and a percent reduction limit based on a capture system and 
add-on control device. As it is not our intent to limit a facility's 
production under the proposed standards, we are not proposing a usage 
limit. We also evaluated, but are not proposing, a percent reduction 
limit, as most wood building products facilities are not expected to 
use capture systems and add-on control devices for compliance.
    In lieu of emission standards, section 112(h) of the CAA allows 
work practice standards or other requirements to be established when a 
pollutant cannot be emitted through a conveyance or capture system, or 
when measurement is not practicable because of technological and 
economic limitations. Many wood building products facilities use some 
type of work practice measure to reduce HAP emissions from mixing, 
cleaning, storage, and waste handling areas as part of their standard 
operating procedures. They use these measures to decrease solvent usage 
and minimize exposure to workers. However, we do not have data to 
quantify accurately the emission reductions achievable by the work 
practice measures. The level of emissions depends on the type of 
equipment and the work practices used at the facility and would be very 
site-specific. For example, emissions from solvent-laden rags used to 
clean spray booths would depend on the method used to isolate and store 
such rags. In addition to lacking adequate data and information to 
quantify an emissions level for such operations, it is not practicable 
to measure emissions from these operations since they often occur in 
large open areas not amenable to testing. Therefore, work practice 
standards are appropriate for such operations under section 112(h) of 
the CAA.
    We request specific comments on work practice standards and their 
applicability to this source category.
    Under the option where emissions are reduced by using low- or no-
HAP materials, we assume that all the organic HAP in the materials 
entering the affected source are volatilized (emitted). Therefore, 
emissions from operations occurring within the affected source (e.g., 
mixing operations) are accounted for in the determination of total 
materials usage at the affected source. However, when you comply by 
using capture systems and add-on control devices, emissions from 
mixing, storage, and waste handling operations are often not routed to 
the control devices and would not be practicable to measure for 
inclusion in a determination of compliance with emission limits. 
Therefore, the proposed rule would require development and 
implementation of an emission reduction work practice plan to assure 
that emissions are reduced from such operations.

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

    The proposed standards would allow you to choose among several 
options to demonstrate compliance with the proposed standards for 
organic HAP.
    Option 1: Compliant material option. 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 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 other NESHAP, volatile organic compound emission 
control measures have been implemented in coating industries, with 
Method 24 as the compliance method. We have not identified any other 
methods that provide advantages over Method 24 for use in the proposed 
standards.
    The proposed methods for determining volume fraction of coating 
solids are either ASTM Method D2697-86 (1998) or ASTM Method D6093-97. 
These are voluntary consensus standards (VCS) determined to be 
appropriate for the proposed rule; they represent the consensus of the 
coating industry and other experts involved in their development.
    Option 2: Emission rate without add-on controls option. To 
demonstrate initial compliance using this option, you would calculate 
the organic HAP emission rate for one or more of your coating 
operation(s) in the affected source, based on the mass of organic HAP 
in all coatings, thinners, and cleaning materials and the volume of 
coating solids used during the initial compliance period. You would be 
required to demonstrate that the organic HAP emission rate does not 
exceed the applicable emission limit using the methods discussed 
previously.
    Option 3: Emission rate with add-on controls option. If you use a 
capture system and control device other than a solvent recovery device 
for which you conduct a liquid-liquid material balance, you would be 
required to conduct an initial performance test of the system to 
determine its overall control efficiency. For a solvent recovery system 
for which you conduct a liquid-liquid material balance, you would 
determine the quantity of volatile matter applied and the quantity 
recovered during the initial compliance period to determine its overall 
control efficiency. For both cases, the overall control efficiency 
would be combined with the monthly mass of organic HAP in the coatings, 
thinners, and cleaning materials used to calculate the monthly organic 
HAP emission rate in kg HAP/liter of coating solids (lb HAP/gal of 
coating solids). If you conduct a performance test, you would also 
determine parameter operating limits during the test. The test methods 
that the proposed standards would require for the performance test have 
been required in 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 Proposed Continuous Compliance Requirements?

    To demonstrate continuous compliance with the emission limits, you 
would need records of the quantity of coatings, thinners, and cleaning 
materials used and the data and calculations supporting your 
determination of their organic HAP content. If you conduct liquid-
liquid material balances, you would need records of the quantity of 
volatile matter used and the quantity recovered by the solvent recovery 
system each month.
    To ensure continuous compliance with the proposed organic HAP 
emission limits and operating limits, the proposed standards would 
require continuous parameter monitoring of capture systems and control 
devices and recordkeeping. We selected the following requirements based 
on reasonable cost, ease of execution, and usefulness of the resulting 
data to both the owners or operators and EPA for ensuring continuous 
compliance with the emission limits and operating limits.
    We are proposing that certain parameters be continuously monitored

[[Page 42414]]

for the types of capture systems and control devices commonly used in 
the industry. These monitoring parameters have been used in other 
standards for similar industries. The values of these parameters that 
correspond to compliance with the proposed emission limits are 
established during the initial or most recent performance test that 
demonstrates compliance. These values are your operating limits for the 
capture system and control device.
    You would be required to determine 3-hour average values for most 
monitored parameters for the affected source. We selected this 
averaging period to reflect operating conditions during the performance 
test to ensure the control system is continuously operating at the same 
or better control level as during a performance test demonstrating 
compliance with the emission limits.

H. How Did We Select 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 4 of the proposed subpart QQQQ. 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, modifying them as appropriate for the wood building products 
surface coating category.

IV. Summary of Environmental, Energy, and Economic Impacts

    The proposed standards will affect an estimated 205 major source 
facilities that surface coat wood building products. The impacts are 
presented relative to a baseline reflecting the level of control prior 
to the standards. Due to consolidation throughout the industry, there 
is not expected to be any net growth within the wood building products 
surface coating industry during the next 5 years. Therefore, there are 
no projected impacts for new sources. For a facility that is already in 
compliance with the proposed standards, only monitoring, recordkeeping, 
and reporting cost impacts were estimated. For more information on how 
impacts were estimated, see the BID in the docket.

A. What Are the Air Impacts?

    The proposed emission limits are expected to reduce nationwide 
organic HAP emissions from existing major sources by 3,200 Mg/yr (3,500 
tpy). This represents a reduction of 61 percent from the baseline 
organic HAP emissions of 5,100 Mg/yr (5,600 tpy).

B. What Are the Cost Impacts?

    We have estimated the costs related to complying with the emission 
limitations and meeting the monitoring, recordkeeping, and reporting 
requirements. The costs to comply with the emission limitations include 
the increased cost of low- or no-HAP coating materials and, for sources 
that choose to use existing emission capture and control systems, 
performance testing costs. We have assumed for this analysis that all 
affected sources will use low- or no-HAP coatings, thinners, and 
cleaning materials, and that these materials can be utilized without 
the need for capital expenditure. Annual costs to meet the monitoring, 
recordkeeping, and reporting requirements of the proposed rule have 
also been included.
    To comply with the proposed standards, existing sources will likely 
use low- or no-HAP coatings, thinners, and cleaning materials. 
Compliance costs were estimated based on an incremental cost difference 
between the materials currently used and the complying materials. For 
purposes of the proposed rule, low- or no-HAP coatings used to comply 
with the standard are expected to be more expensive than the higher-HAP 
content coatings that are currently being used.
    Performance testing costs for the facilities that choose to use 
existing control devices to comply with the standard include the labor 
hours required to conduct performance testing and monitoring on each 
emission capture system and control device used, and to develop the 
associated data elements for recordkeeping and reporting purposes.
    Recordkeeping and reporting includes all labor hours related to the 
tracking of coating usage, the cost of purchasing computer equipment, 
the labor hours required to write and submit reports, and the labor 
hours required to train the coating personnel.
    The total annual costs for the approximate 205 existing major 
sources are estimated at $27.3 million. According to estimates, 
recordkeeping and reporting costs will contribute $5.5 million to the 
overall cost of these proposed NESHAP; material costs will contribute 
$21.6 million; and performance testing and monitoring will contribute 
$246,000. We specifically invite comments on how the EPA might reduce 
the overall cost and cost by subcategory for the proposed rule and 
thereby increase the rule's cost-effectiveness.

C. What Are the Economic Impacts?

    We performed an EIA to provide an estimate of the facility and 
market impacts of the proposed standards as well as the social costs. 
In general, we expect the economic impacts of the proposed standards to 
be minimal, with price increases for affected wood building products 
surface coating facilities of only 0.04 percent.
    For affected sources, the median profit margin will remain 
unchanged, with small entities being slightly more affected by the 
proposed standards. The median profit margin for small entities is 
expected to decrease from 2.8 percent to 2.7 percent while the median 
profit margin for large entities is expected to decrease from 3.3 
percent to 3.2 percent. Therefore, we do not expect an adverse economic 
impact on the industry as a whole.
    The distribution of costs across wood building products surface 
coating facilities is slanted toward the lower impact levels with many 
facilities incurring costs related only to annually recurring 
monitoring, recordkeeping, and reporting, and for only a few sources 
that choose to use their existing add-on controls, initial performance 
testing, and parameter monitoring. The EIA indicates that these 
regulatory costs are expected to represent only 0.2 percent of the 
value of coating services, which should not cause producers to cease or 
alter their current operations. Hence, no firms or facilities are at 
risk of closure because of the proposed standards. For more 
information, refer to the ``Industry Profile: Wood Building Products 
Industry'' (docket A-97-52).

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

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

[[Page 42415]]

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

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

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.
    The 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 the proposed 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 the proposed rule. Although Section 6 
of Executive Order 13132 does not apply to the proposed rule, EPA did 
consult with State and local officials to enable them to provide timely 
input in the development of the 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.''
    The 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 wood building products surface 
coating facilities. Thus, Executive Order 13175 does not apply to the 
proposed rule.

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

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997), applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that 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. The proposed rule is not 
subject to Executive Order 13045 because it does not establish 
environmental standards based on an assessment of health or safety 
risks. No children's risk analysis was performed because no alternative 
technologies exist that would provide greater stringency at a 
reasonable cost. Furthermore, the proposed 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

    The proposed 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 the 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

[[Page 42416]]

Federal agencies to assess the effects of their regulatory actions on 
State, local, and tribal governments and the private sector. Under 
section 202 of the UMRA, EPA generally must prepare a written 
statement, including a cost-benefit analysis, for proposed and final 
rules with ``Federal mandates'' that may result in expenditures to 
State, local, and tribal governments, in aggregate, or to the private 
sector, of $100 million or more in any 1 year. Before promulgating an 
EPA rule for which a written statement is needed, section 205 of the 
UMRA generally requires EPA to identify and consider a reasonable 
number of regulatory alternatives and adopt the least costly, most 
cost-effective, or least burdensome alternative that achieves the 
objectives of the rule. The provisions of section 205 do not apply when 
they are inconsistent with applicable law. Moreover, section 205 allows 
EPA to adopt an alternative other than the least costly, most cost-
effective, or least burdensome alternative if the Administrator 
publishes with the final rule an explanation why that alternative was 
not adopted. Before EPA establishes any regulatory requirements that 
may significantly or uniquely affect small governments, including 
tribal governments, 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 the 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 the 
proposed rule has been estimated to be less than $27.3 million. Thus, 
today's proposed rule is not subject to the requirements of sections 
202 and 205 of the UMRA. In addition, EPA has determined that this 
proposed rule contains no regulatory requirements that might 
significantly or uniquely affect small governments because it contains 
no requirements that apply to such governments or impose obligations 
upon them. Therefore, today's proposed rule is not subject to the 
requirements of section 203 of the UMRA.

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 us to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements under the Administrative Procedure Act or any other 
statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For the purposes of assessing the impacts of today's proposed rule 
on small entities, small entity is defined as: (1) A small business 
whose parent company has no more than 500 employees; (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district, or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise that is independently owned and operated and is not dominant 
in its field.
    In accordance with the RFA and SBREFA, EPA conducted an assessment 
of the proposed standards on small businesses within the wood building 
products surface coating industry. Based on Small Business 
Administration size definitions and reported sales and employment data, 
EPA's survey identified 4 out of 44 known facilities (4 out of 19 known 
companies) as being owned by small businesses that will be affected by 
the proposed standards. Small businesses own 9 percent of the 
facilities and represent 21 percent of the companies within the source 
category that will be affected by the proposed standards and are 
expected to incur less than 10 percent of the total industry compliance 
costs of $27 million. There are no small firms with compliance costs 
equal to or greater than 1 percent of their sales. The EPA believes the 
sample of firms included in this small entity analysis is 
representative of the small firms that may be affected by the proposed 
rule.
    The EPA also notes that, while economies of scale will require 
individual small firms to pay a somewhat higher proportion of revenues 
than large firms for compliance, the burden on most small firms is 
quite low nevertheless. The median compliance cost is well below 1 
percent of sales for both small and large firms affected by the 
proposed standards (0.18 and 0.02 percent of sales for small and large 
firms, respectively). After reviewing the range of costs to be borne by 
small businesses, EPA has determined the costs are typically small and, 
thus, certifies that this action will not have a significant economic 
impact on a substantial number of small entities. In addition, EPA has 
determined that the certification that this action will not have a 
significant economic impact on a substantial number of small entities 
does not change if this analysis is done using the NAICS-based small 
business size standards and NAICS industry data. For more information, 
please consult the memorandum ``Small Entity Impact Analysis Results 
Comparison for Proposed Wood Building Products NESHAP'' (docket A-97-
52).
    Although the 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 the proposed rule on 
small entities, consistent with our obligations under the CAA. Along 
with soliciting input from small entities during the data-gathering 
phase of the proposed rulemaking, three separate small business 
outreach activities were conducted. First, the Western States Air 
Resources Council was contacted about small business participation in a 
meeting held on October 12, 1999. (For more information, see docket A-
57-92.) The second activity was a random screening of approximately 250 
affected companies within the wood building products surface coating 
industry. Internet searches led to a list of ten possible small 
entities. These small entities were then invited to join a small 
business panel to assist in the development of the wood building 
products (surface coating) NESHAP. The third outreach program was 
conducted through SCOPe, which is a cooperative agreement between the 
EPA and the National Association of Schools of Public Affairs and 
Administration. Meetings are facilitated by local public affairs and 
administration faculty and are used to inform small entities of pending 
regulations. The informal meetings allow potentially affected 
facilities to voice concerns which will then be communicated to the EPA 
prior to the rulemaking. According to outreach in Georgia, Oregon, 
North Carolina, and Pennsylvania, small entities are aware of low- or 
no-HAP coatings that have the potential to reduce HAP emissions. Many 
of the small entities currently use low- or no-HAP coatings and agree 
that they are often less expensive than higher-HAP options, do not 
affect the quality of the final product, and the choices are

[[Page 42417]]

becoming more widespread. Therefore, small entities will not be 
adversely affected by the use of low- or no-HAP coatings. (For more 
information, see docket A-97-52.)
    Another aspect of the small business outreach was the participation 
in meetings that focus on impacts on small entities. The EPA 
representatives for the wood building products (surface coating) NESHAP 
have attended conferences and trade association meetings that have 
included small entities. By attending conferences sponsored by the 
Center for Advanced Wood Processing, the Laminating Materials 
Association, and RadTech International North America, and being 
involved in coatings-related industry and trade association meetings, 
information about the proposed wood building product (surface coating) 
NESHAP has been shared with other communities concerned with impacts on 
small entities.
    We believe these actions will significantly reduce the compliance 
burden for small entities, thereby mitigating potential impacts and 
preventing any duplication of effort. In addition, 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- or no-
HAP coatings, thinners, and cleaning materials (i.e., pollution 
prevention) that meet the proposed standards rather than being required 
to purchase add-on control systems. The low- or no-HAP option can be 
demonstrated with minimum burden by using already-maintained purchase 
and usage records. No testing of materials would be required, as the 
facility owners could show that their coatings meet the emission limits 
by providing formulation data supplied by the manufacturer.
    We are also proposing one option that allows compliance 
demonstrations to be conducted on a rolling 12-month basis, meaning 
that the facility would each month calculate a 12-month organic HAP 
emission rate for the previous 12 months to determine compliance. This 
will give affected small entities extra flexibility in complying with 
the emission limits since small entities are more likely to use lower 
monthly volumes and/or a limited number of materials. Furthermore, we 
are proposing the minimum monitoring, recordkeeping, and reporting 
requirements needed for enforcement and compliance assurance.
    We continue to be interested in the potential impacts of the 
proposed standards on small entities and welcome comments on issues 
related to such impacts. For more information consult docket A-97-52.

H. Paperwork Reduction Act

    The information collection requirements in the proposed rule will 
be submitted for approval to 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. 2034.01) and a copy may be obtained 
from Susan Auby by mail at U.S. EPA, Office of Environmental 
Information, Collection Strategies Division (2822T), 1200 Pennsylvania 
Avenue, NW, Washington, DC 20460, by email at [email protected], or by 
calling (202) 566-1672. A copy may also be downloaded off the internet 
at http://www.epa.gov/icr. The information requirements are not 
effective until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to the EPA 
pursuant to the recordkeeping and reporting requirements for which a 
claim of confidentiality is made is safeguarded according to 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 compliance period, mass fraction of organic HAP, density, 
and, for coatings only, volume fraction of coating solids.
    If an add-on control device is used, records will need to be kept 
of the capture efficiency of the capture device, destruction or removal 
efficiency of the control device, and the monitored operating 
parameters. In addition, records will need to be kept of each 
calculation of the affected sourcewide emissions for each compliance 
period and all data, calculations, test results, and other supporting 
information.
    The monitoring, recordkeeping, and reporting burden for this 
collection (averaged over the first 3 years after the effective date of 
the final rule) is estimated to be approximately 2,100 labor hours per 
year at a total annual cost of $119,500. For facilities assumed to use 
add-on control devices, this estimate includes a one-time performance 
test and report (with repeat tests where needed) and a one-time 
submission of a SSMP with semiannual reports for any event when the 
procedures in the plan were not followed. For all facilities, this 
estimate includes semiannual compliance status reports and 
recordkeeping. The total capital/startup costs associated with the 
monitoring requirements is $58,000. We request specific comments on the 
labor hours and costs associated with the monitoring, recordkeeping, 
and reporting burden associated with this source category.
    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 
rules are listed in 40 CFR part 9 and 48 CFR chapter 15. Under the 
Paperwork Reduction Act, EPA must consider the paperwork burden imposed 
by any ICR in a proposed or final rule. The proposed standards will not 
impose any new information collection requirements beyond those 
specified in the ICR document.
    Comments are requested on the EPA'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. EPA 
(2822T), 1200 Pennsylvania Ave., NW, Washington, DC 20460; or by 
courier, send comments on the ICR to the Director, Collection 
Strategies Division, U.S. EPA (2822T), 1301 Constitution Avenue, NW, 
Room 6143, Washington, DC 20460 (Call (202) 566-1700); and to the 
Office of Information and Regulatory

[[Page 42418]]

Affairs, Office of Management and Budget, 725 17th St., NW, Washington, 
DC 20503, marked ``Attention: Desk Officer for EPA.'' Include the ICR 
number in any correspondence. Since OMB is required to make a decision 
concerning the ICR between 30 and 60 days after June 21, 2002, a 
comment to OMB is best assured of having its full effect if OMB 
receives it by July 22, 2002. The final rule will respond to any OMB or 
public comments on the information collection requirements contained in 
the 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; 15 U.S.C. 272 note) directs us 
to use VCS in 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 and analytical procedures, and business practices) 
that are developed or adopted by one or more voluntary consensus 
bodies. The NTTAA directs EPA to provide Congress, through annual 
reports to OMB, with explanations when EPA does not use available and 
applicable VCS.
    The proposed rule involves technical standards. We propose in this 
rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 24, 
25, 25A, 204, 204A-F, and 311. Consistent with the NTTAA, we conducted 
searches to identify VCS in addition to these EPA methods. No 
applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204, 
and 204A-F. The search and review results have been documented and are 
available in the docket (A-97-52) of the proposed rule.
    Two VCS were identified for determining the volume solids content 
of coatings, and we propose to use them in the rule. The standards are 
ASTM D2697-86 (1998), ``Standard Test Method for Volume Nonvolatile 
Matter in Clear or Pigmented Coatings,'' and ASTM D6093-97, ``Standard 
Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented 
Coatings Using a Helium Gas Pycnometer.'' These standards fill a void 
in EPA Method 24 which directs that volume solids content be calculated 
from the coating manufacturer's formulation. The proposed rule does 
allow for the use of the volume solids content values calculated from 
the coating manufacturer's formulation; however, test results will take 
precedence if they do not agree with calculated values.
    Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93, are already 
incorporated by reference (IBR) in EPA Method 24. In addition, we are 
separately specifying the use of ASTM D1475-90 for measuring the 
density of individual coating components, such as organic solvents.
    Five VCS: ASTM D1979-91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-
93, and ASTM PS 9-94 are IBR in EPA Method 311.
    In addition to the VCS we propose to use in this rule, the search 
for emissions measurement procedures identified 14 other VCS. We 
determined that 11 of these 14 standards identified for measuring 
emissions of the HAP or surrogate subject to emission standards in the 
proposed rule were impractical alternatives to EPA test methods for the 
purposes of the proposed rule. Therefore, the EPA does not intend to 
adopt these standards. (See docket A-97-52 for further information on 
the methods.)
    The EPA takes comment on the compliance demonstration requirements 
in the proposed rule and specifically invites the public to identify 
potentially-applicable VCS. Commenters should also explain why the 
proposed rule should adopt these VCS in lieu of or in addition to EPA's 
standards. Emission test methods and performance specifications 
submitted for evaluation should be accompanied with a basis for the 
recommendation, including method validation data and the procedure used 
to validate the candidate method (if a method other than Method 301, 40 
CFR part 63, appendix A, was used).
    Sections 63.4730, 63.4741, 63.4761, 63.4765, 63.4766, and Table 3 
to proposed subpart QQQQ lists the EPA testing methods included in the 
proposed rule. Under Sec. 63.8 of subpart A of the General Provisions, 
a source may apply to EPA for permission to use alternative monitoring 
in place of any of the EPA testing methods.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements, Surface coating, 
Wood building products.

    Dated: May 23, 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 QQQQ to read as follows:

Subpart QQQQ--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Wood Building Products

Sec.

What This Subpart Covers

63.4680   What is the purpose of this subpart?
63.4681   Am I subject to this subpart?
63.4682   What parts of my plant does this subpart cover?
63.4683   When do I have to comply with this subpart?

Emission Limitations

63.4690   What emission limits must I meet?
63.4691   What are my options for meeting the emission limits?
63.4692   What operating limits must I meet?
63.4693   What work practice standards must I meet?

General Compliance Requirements

63.4700   What are my general requirements for complying with this 
subpart?
63.4701   What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.4710   What notifications must I submit?
63.4720   What reports must I submit?
63.4730   What records must I keep?
63.4731   In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.4740   By what date must I conduct the initial compliance 
demonstration?
63.4741   How do I demonstrate initial compliance with the emission 
limitations?
63.4742   How do I demonstrate continuous compliance with the 
emission limitations?

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

63.4750   By what date must I conduct the initial compliance 
demonstration?
63.4751   How do I demonstrate initial compliance with the emission 
limitations?
63.4752   How do I demonstrate continuous compliance with the 
emission limitations?

[[Page 42419]]

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

63.4760   By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.4761   How do I demonstrate initial compliance?
63.4762   [Reserved]
63.4763   How do I demonstrate continuous compliance with the 
emission limitations?
63.4764   What are the general requirements for performance tests?
63.4765   How do I determine the emission capture system efficiency?
63.4766   How do I determine the add-on control device emission 
destruction or removal efficiency?
63.4767   How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.4768   What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.4780   Who implements and enforces this subpart?
63.4781   What definitions apply to this subpart?

Tables

Table 1 to Subpart QQQQ of Part 63. Emission Limits for New or 
Reconstructed Affected Sources
Table 2 to Subpart QQQQ of Part 63. Emission Limits for Existing 
Affected Sources
Table 3 to Subpart QQQQ of Part 63. Operating Limits if Using the 
Emission Rate with Add-on Controls Option
Table 4 to Subpart QQQQ of Part 63. Applicability of General 
Provisions to Subpart QQQQ of Part 63
Table 5 to Subpart QQQQ of Part 63. Default Organic HAP Mass 
Fraction for Solvents and Solvent Blends
Table 6 to Subpart QQQQ of Part 63. Default Organic HAP Mass 
Fraction for Petroleum Solvent Groups

What This Subpart Covers


Sec. 63.4680  What is the purpose of this subpart?

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


Sec. 63.4681  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 wood 
building products, which means the application of coatings using, for 
example, roll coaters or curtain coaters in the finishing or laminating 
of any wood building product that contains more than 50 percent by 
weight wood or wood fibers and is used in the construction, either 
interior or exterior, of a residential, commercial, or institutional 
building. The wood building products source category includes the 
subcategories listed in paragraphs (a)(1) through (5) of this section.
    (1) Doors and windows. The doors and windows subcategory includes 
doors and windows and door and window components, such as millwork, 
moulding, or trim.
    (2) Flooring. The flooring subcategory includes solid wood 
flooring, engineered wood flooring, and wood laminate flooring.
    (3) Interior wall paneling and tileboard. The interior wall 
paneling and tileboard subcategory includes interior wall paneling 
products. Tileboard is a premium interior wall paneling product.
    (4) Other interior panels. The other interior panel subcategory 
includes panels that are sold for uses other than interior wall 
paneling, such as sheathing, insulation board, pegboard, and ceiling 
tiles.
    (5) Exterior siding, doorskins, and miscellaneous. The exterior 
siding, doorskins, and miscellaneous subcategory includes lap or panel 
siding, trimboard, doorskins, and other miscellaneous wood building 
products, including, but not limited to, shingles, awnings, shutters, 
and laminated veneer lumber.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.4682, 
that uses 4,170 liters (1,100 gallons) per year, or more, of coatings 
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 and other 
operations that meet the criteria of paragraphs (c)(1) through (5) of 
this section.
    (1) Surface coating in the processes identified in paragraphs 
(c)(1)(i) through (x) of this section that are part of plywood and 
composite wood product manufacturing subject to subpart DDDD of this 
part:
    (i) Edge seals applied to a reconstituted wood product or plywood.
    (ii) Anti-skid coatings applied to reconstituted wood products.
    (iii) Primers applied to waferboard or oriented strand board (OSB) 
siding at the site of manufacture of the waferboard or OSB siding.
    (iv) Painting of company logo information on plywood or 
reconstituted wood products.
    (v) Application of trademarks and grade stamp to reconstituted wood 
products or plywood.
    (vi) Application of nail lines to reconstituted wood products.
    (vii) Synthetic patches, wood patches, and wood putty applied to 
plywood.
    (viii) Application of concrete forming oil to wood building 
products.
    (ix) Veneer composing.
    (x) Application of shelving edge fillers to reconstituted wood 
products.
    (2) Surface coating of wood furniture subject to subpart JJ of this 
part, including finishing, gluing, cleaning, and washoff operations 
associated with the production of wood furniture or wood furniture 
components. The surface coating of millwork and trim associated with 
cabinet manufacturing is also subject to subpart JJ of this part but 
not to this subpart.
    (3) Surface coating that occurs during the manufacture of 
prefabricated homes and mobile/modular homes.
    (4) Surface coating that occurs at research or laboratory 
facilities; janitorial, building, and facility construction or 
maintenance operations; or hobby shops that are operated for personal 
rather than for commercial purposes. The source category also does not 
include coating applications using handheld nonrefillable aerosol 
containers.
    (5) Wood treatment or fire retardant operations located at wood 
building products facilities that involve impregnating the wood product 
with the wood treatment chemicals or fire retardant by using a retort 
or other pressure vessel.


Sec. 63.4682  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 wood building products:
    (1) All coating operations as defined in Sec. 63.4781;
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;

[[Page 42420]]

    (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 June 21, 2002, and the construction is of a 
completely new wood building products surface coating facility where 
previously no wood building products 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. 63.4683  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. 63.4740, 63.4750, and 63.4760.
    (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.
    (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 of the affected source 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. 63.4710 
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. 63.4690  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 the applicable 
emission limit(s) in Table 1 to this subpart, determined according to 
the requirements in Secs. 63.4741, 63.4751, or 63.4761.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than the applicable emission 
limit(s) in Table 2 to this subpart, determined according to the 
requirements in Sec. 63.4741, Sec. 63.4751, or Sec. 63.4761.
    (c) If the affected source applies coatings to products that are in 
different subcategories as described in Sec. 63.4681(a), then you must 
demonstrate initial and continuous compliance by conducting separate 
compliance demonstrations for each applicable subcategory emission 
limit and reflect these separate determinations in notifications, 
reports, and records required by Secs. 63.4710, 63.4720, and 63.4730, 
respectively.


Sec. 63.4691  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. 63.4690. 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. 63.4730(c), and you must report it in the next semiannual 
compliance report required in Sec. 63.4720.
    (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(s) in Sec. 63.4690, and that 
each thinner and each cleaning material used contains no organic HAP. 
You must meet all the requirements of Secs. 63.4740, 63.4741, and 
63.4742 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(s) 
in Sec. 63.4690, calculated as a rolling 12-month emission rate and 
determined on a monthly basis. You must meet all the requirements of 
Secs. 63.4750, 63.4751, and 63.4752 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 reductions achieved by emission 
capture systems and add-on controls, the organic HAP emission rate for 
the coating operation(s) is less than or equal to the applicable 
emission limit(s) in Sec. 63.4690, calculated as a rolling 12-month 
emission rate and determined on a monthly basis. If you use this 
compliance option, you must also demonstrate that all emission capture 
systems and add-on control devices for the coating operation(s) meet 
the operating limits required in Sec. 63.4692, except for solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to Sec. 63.4761(j), and that you meet the work practice 
standards required in Sec. 63.4693. You must meet all the requirements 
of Secs. 63.4760 through 63.4768 to demonstrate compliance with the 
emission limits, operating limits, and work practice standards using 
this option.


Sec. 63.4692  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material

[[Page 42421]]

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. 63.4761(j), you must meet the operating 
limits specified in Table 3 to 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 
requirements in Sec. 63.4767. 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 3 to 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. 63.4693  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 coating operation(s); or you must meet an alternative standard 
as provided in paragraph (d) 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. You must make the plan available for inspection if the 
Administrator requests to see it.
    (1) All organic-HAP coatings, thinners, cleaning materials, and 
waste materials must be stored in closed containers.
    (2) Spills of organic-HAP coatings, thinners, cleaning materials, 
and waste materials must be minimized.
    (3) Organic-HAP coatings, thinners, cleaning materials, and waste 
materials must be conveyed from one location to another in closed 
containers or pipes.
    (4) Mixing vessels which contain organic-HAP 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) If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the sources 
specified in paragraphs (b)(1) through (5) of this section, then your 
existing plan can be used to meet the requirement for a work practice 
plan as specified in paragraph (b) of this section.
    (d) 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. 63.4700  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. 63.4691(a) and (b), must be in compliance with the 
applicable emission limit in Sec. 63.4690 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.4691(c), must be 
in compliance with the emission limitations as specified in paragraphs 
(a)(2)(i) through (iii) of this section.
    (i) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec. 63.4690 at all times, except during 
periods of startup, shutdown, and malfunction.
    (ii) The coating operation(s) must be in compliance with the 
operating limits for emission capture systems and add-on control 
devices required by Sec. 63.4692 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. 63.4761(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec. 63.4693 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. 63.4683 and 
the date when the initial emission capture system and add-on control 
device performance tests have been completed, as specified in 
Sec. 63.4760. This requirement does not apply to a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec. 63.4761(j) in lieu of conducting performance tests.
    (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. 63.4701  What parts of the General Provisions apply to me?

    Table 4 to this subpart shows which parts of the General Provisions 
in Secs. 63.1 through 63.15 apply to you.

Notifications, Reports, and Records


Sec. 63.4710  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 120 days 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 Sec. 63.4740, Sec. 63.4750, or Sec. 63.4760 that 
applies to your affected

[[Page 42422]]

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 Sec. 63.4740, Sec. 63.4750, or Sec. 63.4760 that applies 
to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.4691 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 and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in 
Sec. 63.4690, include all the calculations you used to determine the 
kilogram (kg) organic HAP emitted per liter of coating solids used 
(pounds (lb) organic HAP emitted per gallon 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. 63.4741(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. 63.4751.
    (8) The calculation of kg organic HAP emitted per liter coating 
solids used (lb organic HAP emitted per gallon 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 for one coating, using Equation 
1 of Sec. 63.4741.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for each 
month; the calculation of the total volume of coating solids used each 
month; and the calculation of the 12-month organic HAP emission rate, 
using Equations 1 and 1A through 1C, 2, and 3, respectively, of 
Sec. 63.4751.
    (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 each month, using 
Equations 1 and 1A through 1C of Sec. 63.4751; the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec. 63.4751; the calculation of the mass of organic HAP emission 
reduction each month by emission capture systems and add-on control 
devices, using Equations 1 and 1A through 1D of Sec. 63.4761, and 
Equations 2, 3, and 3A through 3C of Sec. 63.4761, as applicable; the 
calculation of the total mass of organic HAP emissions each month, 
using Equation 4 of Sec. 63.4761, as applicable; and the calculation of 
the 12-month organic HAP emission rate, using Equation 5 of 
Sec. 63.4761.
    (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, except that 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. 63.4761(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 and add-on control 
device 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. 63.4693.


Sec. 63.4720  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. 
Note that the information reported for each of the months in the 
reporting period will be based on the last 12 months of data prior to 
the date of each monthly calculation.
    (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 Sec. 63.4740, Sec. 63.4750, or 
Sec. 63.4760 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 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR

[[Page 42423]]

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 40 
CFR part 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. Note that the information reported for each of 
the 6 months in the reporting period will be based on the last 12 
months of data prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified 
in Sec. 63.4691 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. 63.4691(b) 
or (c)), the calculation results for each rolling 12-month organic HAP 
emission rate during the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations in Secs. 63.4690, 63.4392, and 63.4393 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 deviation from the 
applicable emission limit in Sec. 63.4690, 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, 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 (using Equation 1 
of Sec. 63.4741) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation (e.g., 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 (e.g., 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. 63.4690, 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 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.4690.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation 
occurred. You must provide the calculations for Equations 1, 1A through 
1C, 2, and 3 in Sec. 63.4751; and if applicable, the calculation used 
to determine mass of organic HAP in waste materials according to 
Sec. 63.4751(e)(4). You do not need to submit background data 
supporting these calculations, (e.g., 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 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec. 63.4690.
    (ii) The calculations used to determine the 12-month 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 each 
month, using Equations 1 and 1A through 1C of Sec. 63.4751; and, if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.4751(e)(4); the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec. 63.4751; the calculation of the mass of organic HAP emission 
reduction each month by emission capture systems and add-on control 
devices, using Equations 1 and 1A through 1D of Sec. 63.4761, and 
Equations 2, 3, and 3A through 3C of Sec. 63.4761, as applicable; the 
calculation of the total mass of organic HAP emissions each month, 
using Equation 4 of Sec. 63.4761; and the calculation of the 12-month 
organic HAP emission rate, using Equation 5 of Sec. 63.4761. You do not 
need to submit the background data supporting these calculations (e.g., 
information provided by materials suppliers or manufacturers, or test 
reports).
    (iii) The date and time that each malfunction started and stopped.

[[Page 42424]]

    (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 3 to 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 3 to this subpart, 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 3 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period by identifying 
deviations 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 
Sec. 63.10(d)(5)(ii). The letter must contain the information specified 
in Sec. 63.10(d)(5)(ii).


Sec. 63.4730  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, using Equation 1 of 
Sec. 63.4741.
    (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 each month, using 
Equations 1, 1A through 1C, and 2 of Sec. 63.4751; and, if applicable, 
the calculation used to determine mass of organic HAP in waste 
materials according to Sec. 63.4751(e)(4); the calculation of the total 
volume of coating solids used each month, using Equation 2 of 
Sec. 63.4751; and the calculation of each 12-month organic HAP emission 
rate, using Equation 3 of Sec. 63.4751.
    (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 each month, using 
Equations 1 and 1A through 1C of Sec. 63.4751; and, if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec. 63.4751(e)(4).
    (ii) The calculation of the total volume of coating solids used 
each month, using Equation 2 of Sec. 63.4751.
    (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. 63.4761, and Equations 2, 3, and 3A through 
3C of Sec. 63.4761, as applicable.
    (iv) The calculation of the total mass of organic HAP emissions 
each month, using Equation 4 of Sec. 63.4761.
    (v) The calculation of each 12-month organic HAP emission rate, 
using Equation 5 of Sec. 63.4761.
    (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. 63.4751 for 
organic HAP

[[Page 42425]]

contained in waste materials sent to or designated for shipment to a 
treatment, storage, and disposal facility (TSDF) according to 
Sec. 63.4751(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. 63.4751; 
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. 63.4751.
    (3) The methodology used in accordance with Sec. 63.4751(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 (8) 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 3 to this subpart that applies to 
you.
    (4) 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. 63.4765(a).
    (5) 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. 63.4764 and 63.4765(b) through (e), 
including the records specified in paragraphs (k)(5)(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 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. 63.4765(e), if applicable.
    (6) The records specified in paragraphs (k)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec. 63.4766.
    (i) Records of each add-on control device performance test 
conducted according to Secs. 63.4764 and 63.4766.
    (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.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as 
specified in Sec. 63.4767 and to document compliance with the operating 
limits as specified in Table 3 to this subpart.
    (8) A record of the work practice plan required by Sec. 63.4693, 
and documentation that you are implementing the plan on a continuous 
basis.


Sec. 63.4731  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. 63.4740  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. 63.4741. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. The initial compliance demonstration includes the 
calculations according to Sec. 63.4741 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. 63.4690, and that you used no thinners or cleaning materials 
that contained organic HAP.


Sec. 63.4741  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

[[Page 42426]]

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. 63.4690 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. 63.4692 and 63.4693, 
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 mass of organic HAP in coatings, thinners, or cleaning materials 
that have been reclaimed onsite and reused in the coating operation(s) 
for which you use the compliant material option, 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 organic 
HAP 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 (e.g., 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 (e.g., 
0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec. 63.7(f) to submit an 
alternative test method for approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, 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 organic HAP 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 5 or 6 to this subpart. If you use 
the tables, you must use the values in Table 5 for all solvent blends 
that match Table 5 entries, and you may only use Table 6 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 5 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 5 or 6 to 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 
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] TP21JN02.000

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 organic HAP content for each 
coating used during the initial compliance period, determined using 
Equation 1 of this section, must be less than or equal to the 
applicable emission limit in Sec. 63.4690; and each thinner and 
cleaning material used during the initial compliance period must 
contain no organic HAP, determined according to

[[Page 42427]]

paragraph (a) of this section. You must keep all records required by 
Secs. 63.4730 and 63.4731. As part of the Notification of Compliance 
Status required in Sec. 63.4710, 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. 63.4690, and you used no 
thinners or cleaning materials that contained organic HAP, determined 
according to paragraph (a) of this section.


Sec. 63.4742  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 
determined using Equation 1 of Sec. 63.4741, exceeds the applicable 
emission limit in Sec. 63.4690; and use no thinner or cleaning material 
that contains organic HAP, determined according to Sec. 63.4741(a). A 
compliance period consists of 12 months. Each month after the end of 
the initial compliance period described in Sec. 63.4740 is the end of a 
compliance period consisting of that month and the preceding 11 months.
    (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. 63.4710(c)(6) 
and 63.4720(a)(5).
    (c) As part of each semiannual compliance report required by 
Sec. 63.4720, 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. 63.4690, 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. 63.4690, and you used no thinner or cleaning material that 
contained organic HAP, determined according to Sec. 63.4741(a).
    (d) You must maintain records as specified in Secs. 63.4730 and 
63.4731.

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


Sec. 63.4750  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. 63.4751. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
volume of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the calculations 
according to Sec. 63.4751 and supporting documentation showing that 
during the initial compliance period the organic HAP emission rate was 
equal to or less than the applicable emission limit in Sec. 63.4690.


Sec. 63.4751  How do I demonstrate initial compliance with the emission 
limitations?

    You may use the emission rate without add-on controls option for 
any individual coating operation, for any group of coating operations 
in the affected source, or for all the coating operations in the 
affected source. You must use either the compliant material option or 
the emission rate with add-on controls option for any coating operation 
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. 63.4690. Any coating 
operation for which you use the emission rate without add-on controls 
option is not required to meet the operating limits or work practice 
standards required in Secs. 63.4692 and 63.4693, respectively. You must 
meet all the requirements of this section to demonstrate initial 
compliance with the applicable emission limit in Sec. 63.4690 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 redetermine the mass of organic HAP in 
coatings, thinners, or cleaning materials that have been reclaimed 
onsite and reused in the coating operation(s) 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 each month according to the 
requirements in Sec. 63.4741(a).
    (b) Determine the volume fraction of coating solids for each 
coating. Determine the volume fraction of coating solids for each 
coating used during each month according to the requirements in 
Sec. 63.4741(b).
    (c) Determine the density of each material. Determine the density 
of each coating, thinner, and cleaning material used during each month 
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 each month by measurement or usage records.
    (e) Calculate the mass of organic HAP emissions. The mass of 
organic HAP emissions is the combined mass of organic HAP contained in 
all coatings, thinners, and cleaning materials used during each month 
minus the organic HAP in certain waste materials. Calculate it using 
Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP21JN02.001

Where:

He = total mass of organic HAP emissions during the month, 
kg.
A = total mass of organic HAP in the coatings used during the month, 
kg, as calculated in Equation 1A of this section.
B = total mass of organic HAP in the thinners used during the month, 
kg, as calculated in Equation 1B of this section.
C = total mass of organic HAP in the cleaning materials used during the 
month, 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

[[Page 42428]]

during the month, 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 the mass of organic HAP in the coatings used during 
the month, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.002

Where:

A = total mass of organic HAP in the coatings used during the month, 
kg.
Volc,i = total volume of coating, i, used during the month, 
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 month.

    (2) Calculate the mass of organic HAP in the thinners used during 
the month, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.003

Where:

B = total mass of organic HAP in the thinners used during the month, 
kg.
Volt,j = total volume of thinner, j, used during the month, 
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 month.

    (3) Calculate the mass of organic HAP in the cleaning materials 
used during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.004

Where:

C = total mass of organic HAP in the cleaning materials used during the 
month, kg.
Vols,k = total volume of cleaning material, k, used during 
the month, 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 month.

    (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 in Equation 1 of this section, then you must determine it 
according to paragraphs (e)(4)(i) through (iv) of this section.
    (i) You may include in the determination 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 organic HAP 
contained in wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the month or the amount collected and stored 
during the month and designated for future transport to a TSDF. Do not 
include in your determination any waste materials sent to a TSDF during 
a month if you have already included them in the amount collected and 
stored during that month or a previous month.
    (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. 63.4730(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 
the total volume of coating solids used which is the combined volume of 
coating solids for all the coatings used during each month, using 
Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.005

Where:

Vst = total volume of coating solids used during the month, 
liters.
Volc,i = total volume of coating, i, used during the month, 
liters.
Vs,i = volume fraction of coating solids for coating, i, 
liter solids per liter coating, determined according to 
Sec. 63.4741(b).
m = number of coatings used during the month.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the 12-month compliance period, kg organic HAP 
per liter coating solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.006

Where:

Hyr = organic HAP emission rate for the 12-month compliance 
period, kg organic HAP per liter coating solids.
He = total mass of organic HAP emissions, kg, from all 
materials used during month, y, as calculated by Equation 1 of this 
section.
Vst = total volume of coating solids used during month, y, 
liters, as calculated by Equation 2 of this section.
y = identifier for months.

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial 12-month compliance period, calculated using Equation 3 of this 
section, must be less than or equal to the applicable emission limit in 
Sec. 63.4690. You must keep all records as required by Secs. 63.4730 
and 63.4731. As part of the Notification of Compliance Status required 
by Sec. 63.4710, 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. 63.4690, determined according to this section.


Sec. 63.4752  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, calculated using Equation 3 of 
Sec. 63.4751, must be less than or equal to the applicable emission 
limit in Sec. 63.4690. A compliance period consists of 12 months. Each 
month after the end of the initial compliance period described in 
Sec. 63.4750 is the end of a compliance period consisting of that month 
and the preceding 11 months. You must perform the calculations in 
Sec. 63.4751(a) through (g) on a monthly basis using data from the 
previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.4690, this is 
a deviation from the emission limitations for that compliance period 
and must be reported as specified in Secs. 63.4710(c)(6) and 
63.4720(a)(6).

[[Page 42429]]

    (c) As part of each semiannual compliance report required by 
Sec. 63.4720, 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. 63.4690, determined according to 
Sec. 63.4751(a) through (g).
    (d) You must maintain records as specified in Secs. 63.4730 and 
63.4731.

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


Sec. 63.4760  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. 63.4683. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to 
Sec. 63.4761(j), you must conduct a performance test of each capture 
system and add-on control device according to Secs. 63.4764, 63.4765, 
and 63.4766, and establish the operating limits required by 
Sec. 63.4692 no later than 180 days after the applicable compliance 
date specified in Sec. 63.4683. For a solvent recovery system for which 
you conduct liquid-liquid material balances according to 
Sec. 63.4761(j), you must initiate the first material balance no later 
than 180 days after the applicable compliance date specified in 
Sec. 63.4683.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4693 no later than the compliance date specified in 
Sec. 63.4683.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of 
Sec. 63.4761. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
volume of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Secs. 63.4764, 63.4765, and 63.4766; results of 
liquid-liquid material balances conducted according to Sec. 63.4761(j); 
calculations according to Sec. 63.4761 and supporting documentation 
showing that during the initial compliance period, the organic HAP 
emission rate was equal to or less than the emission limit in 
Sec. 63.4690(a); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec. 63.4768; and documentation of whether you 
developed and implemented the work practice plan required by 
Sec. 63.4693.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by 
Sec. 63.4692 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 according to the requirements 
in Sec. 63.4761(j).
    (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 Sec. 63.4683. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to 
Sec. 63.4761(j), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Secs. 63.4764, 63.4765, and 63.4766 and establish the operating limits 
required by Sec. 63.4692 no later than the applicable compliance date 
specified in Sec. 63.4683. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec. 63.4761(j), 
you must initiate the first material balance no later than the 
compliance date specified in Sec. 63.4683.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.4693 no later than the compliance date specified in 
Sec. 63.4683.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of 
Sec. 63.4761. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
volume of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Secs. 63.4764, 63.4765, and 63.4766; results of 
liquid-liquid material balances conducted according to Sec. 63.4761(j); 
calculations according to Sec. 63.4761 and supporting documentation 
showing that during the initial compliance period the organic HAP 
emission rate was equal to or less than the emission limit in 
Sec. 63.4690(b); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec. 63.4768; and documentation of whether you 
developed and implemented the work practice plan required by 
Sec. 63.4693.


Sec. 63.4761  How do I demonstrate initial compliance?

    (a) 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 limitations in Secs. 63.4690, 63.4692, and 63.4693. 
You must meet

[[Page 42430]]

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. You do not need to redetermine the mass of organic 
HAP in coatings, thinners, or cleaning materials that have been 
reclaimed and reused in the coating operation(s) for which you use the 
emission rate with add-on controls option.
    (b) Compliance with operating limits. Except as provided in 
Sec. 63.4760(a)(4), and except for solvent recovery systems for which 
you conduct liquid-liquid material balances according to the 
requirements of Sec. 63.4761(j), you must establish and demonstrate 
continuous compliance during the initial compliance period with the 
operating limits required by Sec. 63.4692, using the procedures 
specified in Secs. 63.4767 and 63.4768.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.4693 during the initial compliance period, as 
specified in Sec. 63.4730.
    (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. 63.4690.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec. 63.4751(a) through (d) to determine the mass fraction 
of organic HAP, density, and volume of each coating, thinner, and 
cleaning material used during each month; and the volume fraction of 
coating solids for each coating used during each month.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec. 63.4751, calculate the total mass of 
organic HAP emissions before add-on controls from all coatings, 
thinners, and cleaning materials used during each month in the coating 
operation or group of coating operations for which you use the emission 
rate with add-on controls option.
    (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 each 
month. 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 each 
controlled coating operation not using liquid-liquid material balances. 
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 the 
organic HAP emission reduction, using Equation 1 of this section. The 
calculation 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 each month. For any period of time a deviation specified 
in Sec. 63.4763(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] TP21JN02.007

Where:

HC = mass of organic HAP emission reduction for the 
controlled coating operation during the month, kg.
Ac = total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, kg.
Bc = total mass of organic HAP in the thinners used in the 
controlled coating operation during the month, kg, as calculated in 
Equation 1B of this section.
Cc = total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, kg, as 
calculated in Equation 1C of this section.
Hunc = total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in 
Sec. 63.4763(c) and (d) that occurred during the month in the 
controlled coating operation, kg, as calculated in Equation 1D 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. 63.4764 and 63.4765 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. 63.4764 and 63.4766 to measure and record the organic HAP 
destruction or removal efficiency.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, kg, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.008

Where:

Ac, = total mass of organic HAP in the coatings used in the 
controlled coating operation, kg.
Volc,i = total volume of coating, i, used during the month, 
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 the mass of organic HAP in the thinners used in the 
controlled coating operation, kg, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.009

Where:


[[Page 42431]]


Bc = total mass of organic HAP in the thinners used in the 
controlled coating operation during the month, kg.
Volt,j = total volume of thinner, j, used during the month, 
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 the mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, kg, using 
Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.010

Where:

Cc = total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, kg.
Vols,k = total volume of cleaning material, k, used during 
the month, 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 the mass of organic HAP in the coatings, thinners, 
and cleaning materials used in the controlled coating operation during 
deviations specified in Sec. 63.4763(c) and (d), using Equation 1D of 
this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.011

Where:

Hunc = total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in 
Sec. 63.4763(c) and (d) that occurred during the month 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, thinners, or cleaning materials.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for each 
controlled coating operation using liquid-liquid material balances. For 
each controlled coating operation using a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate the 
organic HAP emission reduction 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 each 
month. Perform a liquid-liquid material balance for each month 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 month. 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 of 
volatile organic matter recovered for the month, kg, based on 
measurement with the device required in paragraph (j)(1) of this 
section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner, and cleaning material used in the coating operation 
controlled by the solvent recovery system during the month, 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 month, kg per liter, according to 
Sec. 63.4751(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 month, liters.
    (6) Each month, calculate the solvent recovery system's volatile 
organic matter collection and recovery efficiency, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.012

Where:

RV = volatile organic matter collection and recovery 
efficiency of the solvent recovery system during the month, percent.
MVR = mass of volatile organic matter recovered by the 
solvent recovery system during the month, kg.
Voli = volume of coating, i, used in the coating operation 
controlled by the solvent recovery system during the month, 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 month, 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 month, 
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 month.
n = number of different thinners used in the coating operation 
controlled by

[[Page 42432]]

the solvent recovery system during the month.
p = number of different cleaning materials used in the coating 
operation controlled by the solvent recovery system during the month.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.013

(Eq. 3)Where:

HCSR = mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, kg.
ACSR = total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 3A of this section.
BCSR = total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 3B of this section.
CCSR = total mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery 
system, kg, calculated using Equation 3C of this section.
RV = volatile organic matter collection and recovery 
efficiency of the solvent recovery system, percent, from Equation 2 of 
this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.014

(Eq. 3A)Where:

ACSR = total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system during the 
month, kg.
Volc,i = total volume of coating, i, used during the month 
in the coating operation controlled by the solvent recovery system, 
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 the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.015

(Eq. 3B)Where:

BCSR = total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system during the 
month, kg.
Volt,j = total volume of thinner, j, used during the month 
in the coating operation controlled by the solvent recovery system, 
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 the mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, kg, using Equation 3C of this section.
[GRAPHIC] [TIFF OMITTED] TP21JN02.016

(Eq. 3C)Where:

CCSR = total mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, kg.
Vols,k = total volume of cleaning material, k, used during 
the month in the coating operation controlled by the solvent recovery 
system, 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.

    (k) Calculate the total volume of coating solids used. Determine 
the total volume of coating solids used, liters, which is the combined 
volume of coating solids for all the coatings used during each month in 
the coating operation or group of coating operations for which you use 
the emission rate with add-on controls option, using Equation 2 of 
Sec. 63.4751.
    (l) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, kg, during each month, 
using Equation 4 of this section. (Eq. 4)
[GRAPHIC] [TIFF OMITTED] TP21JN02.017

Where:

HHAP = total mass of organic HAP emissions for the month, 
kg.
He = total mass of organic HAP emissions before add-on 
controls from all the coatings, thinners, and cleaning materials used 
during the month, 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 a liquid-liquid material 
balance, during the month, kg, from Equation 1 of this section.
HCSR,j = total mass of organic HAP emission reduction for 
coating operation, j, controlled by a solvent recovery system using a 
liquid-liquid material balance, during the

[[Page 42433]]

month, kg, from Equation 3 of this section.
q = number of controlled coating operations not using a liquid-liquid 
material balance.
r = number of coating operations controlled by a solvent recovery 
system using a liquid-liquid material balance.

    (m) Calculate the organic HAP emission rate for the 12-month 
compliance period. Determine the organic HAP emission rate for the 12-
month compliance period, kg organic HAP per liter coating solids used, 
using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.018

Where:

Hannual = organic HAP emission rate for the 12-month 
compliance period, kg organic HAP per liter coating solids.
HHAP,y = organic HAP emission rate for month, y, determined 
according to Equation 4 of this section.
Vst,y = total volume of coating solids, liters, used during 
month, y, from Equation 2 of Sec. 63.4751.
y = identifier for months.

    (n) Compliance demonstration. To demonstrate initial compliance 
with the emission limit, the organic HAP emission rate, calculated 
using Equation 5 of this section, must be less than or equal to the 
applicable emission limit in Sec. 63.4690. You must keep all records as 
required by Secs. 63.4730 and 63.4731. As part of the Notification of 
Compliance Status required by Sec. 63.4710, 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. 63.4690, 
and you achieved the operating limits required by Sec. 63.4692 and the 
work practice standards required by Sec. 63.4693.


Sec. 63.4762  [Reserved]


Sec. 63.4763  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.4690, the organic HAP emission rate for each 
compliance period, calculated using Equation 5 of Sec. 63.4761, must be 
equal to or less than the applicable emission limit in Sec. 63.4690. A 
compliance period consists of 12 months. Each month after the end of 
the initial compliance period described in Sec. 63.4760 is the end of a 
compliance period consisting of that month and the preceding 11 months. 
You must perform the calculations in Sec. 63.4761 on a monthly basis 
using data from the previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec. 63.4690, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Secs. 63.4710(c)(6) and 63.4720(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.4692 that applies to you, as specified in 
Table 3 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 3 to this subpart, this is a deviation from the operating 
limit that must be reported as specified in Secs. 63.4710(c)(6) and 
63.4720(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 3 to 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 Sec. 63.4761(h), 
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. 63.4761.
    (d) You must meet the requirements for bypass lines in 
Sec. 63.4768(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. 63.4710(c)(6) and 63.4720(a)(7). For the purposes of completing 
the compliance calculations specified in Sec. 63.4761(h), 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. 63.4761.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.4693. 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. 63.4730(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Secs. 63.4710(c)(6) and 63.4720(a)(7).
    (f) As part of each semiannual compliance report required in 
Sec. 63.4720, 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. 63.4690, and you achieved the operating limits required by 
Sec. 63.4692 and the work practice standards required by Sec. 63.4693 
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. 63.4700(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. 63.4730 and 
63.4731.


Sec. 63.4764  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec. 63.4760 
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 during periods of nonoperation do not 
constitute

[[Page 42434]]

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) You must conduct each performance test of an emission capture 
system according to the requirements in Sec. 63.4765. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.4766. Sec. 63.4765 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. 63.4760.
    (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 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 in 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 to the mass of TVH emissions not captured by the emission 
capture system. 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 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 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] TP21JN02.019

Where:

TVHused = mass of liquid TVH in materials used in the 
coating operation during the capture efficiency test run, kg.
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 
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 of appendix M to 40 CFR part 51 if the 
enclosure is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 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 of the emission capture system using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.020


[[Page 42435]]


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, determined according to paragraph (c)(4) of this section.
    (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 to the mass of TVH 
emissions not captured 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 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 of appendix M 
to 40 CFR part 51 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 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 of appendix M to 40 CFR part 51 if the 
enclosure is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 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 of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.021

Where:

CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVHcaptured = 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, determined 
according to paragraph (d)(2) of this section.
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, determined according to paragraph (d)(3) of this section.

    (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. 63.4766  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. 63.4760. 
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

[[Page 42436]]

same method for both the inlet and outlet measurements.
    (1) Use Method 25 of appendix A to 40 CFR part 60 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 of appendix A to 40 CFR part 60 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.
    (3) Use Method 25A of appendix A to 40 CFR part 60 if the add-on 
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] TP21JN02.022


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, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TP21JN02.023

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. 63.4767  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. 63.4760 and described 
in Secs. 63.4764, 63.4765, and 63.4766, you must establish the 
operating limits required by Sec. 63.4692 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec. 63.8(f) as specified in Sec. 63.4692.
    (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.
    (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.
    (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.
    (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 take corrective action consistent with the 
manufacturer's recommendation and conduct a new performance test to 
determine destruction efficiency according to Sec. 63.4766.
    (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.
    (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

[[Page 42437]]

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.
    (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.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) 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.
    (f) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.4765(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (f)(1) and (2) of this section. 
The operating limit for a PTE is specified in Table 3 to this subpart.
    (1) During the capture efficiency determination required by 
Sec. 63.4760 and described in Secs. 63.4764 and 63.4765, 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.


Sec. 63.4768  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) 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 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

[[Page 42438]]

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. 63.4720.
    (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, you must install a gas temperature 
monitor in the gas stream immediately before the catalyst bed, and if 
you established operating limits according to Sec. 63.4767(b)(1) and 
(2), also install a gas temperature monitor in the gas stream 
immediately after the catalyst bed.
    (i) If you establish operating limits according to 
Sec. 63.4767(b)(1) and (2), then you must install the 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.
    (ii) If you establish operating limits according to 
Sec. 63.4767(b)(3) and (4), then you must install a gas temperature 
monitor upstream of the catalyst bed. The temperature monitor must be 
in the gas stream immediately before the catalyst bed to measure the 
temperature.
    (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 
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) 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 (f)(1) and (2) of this section.
    (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 (f)(2)(i) through (vii) of 
this section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (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 components for integrity, 
electrical connections for continuity, and mechanical connections for 
leakage.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the 
requirements in paragraphs (a) and (g)(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 components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (g)(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.

[[Page 42439]]

    (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 components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.

Other Requirements and Information


Sec. 63.4780  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 Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, in addition to the 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 40 CFR part 63, 
subpart E, 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 listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the work practice standards under 
Sec. 63.4693.
    (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 changes to recordkeeping and reporting under 
Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.4781  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 means the total equipment 
that may be required to meet the data acquisition and availability 
requirements of this subpart used to sample, condition (if applicable), 
analyze, and provide a record of coating operation, or capture system, 
or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limit, or operating 
limit, or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions 
and captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds 
are listed in 40 CFR 51.100(s).
    Finished wood product means any wood building product to which a 
protective, decorative, or functional layer has been applied. Materials 
used include, but are not limited to, paints, stains, sealers, 
topcoats, basecoats, primers, enamels, inks, and adhesives.
    Laminated wood product means any wood building product to which a 
protective, decorative, or functional layer has been bonded with an 
adhesive. Products that are produced by bonding layers to the substrate 
as a part of the substrate manufacturing process are not considered 
laminated products under this subpart.

[[Page 42440]]

    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. 63.4741. 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, expressed as 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. 63.4741. 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.
    Tileboard means hardboard that meets the specifications for Class I 
given by the standard ANSI/AHA A135.4-1995 as approved by the American 
National Standards Institute. The standard specifies requirements and 
test methods for water absorption, thickness swelling, modulus of 
rupture, tensile strength, surface finish, dimensions, squareness, edge 
straightness, and moisture content for five classes of hardboard. 
Tileboard is also known as Class I hardboard or tempered hardboard.
    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

    You must comply with the emission limits that apply to your 
affected source in the following table as required by Sec. 63.4690:

     Table 1 to Subpart QQQQ of Part 63.--Emission Limits for New or
                     Reconstructed Affected Sources
------------------------------------------------------------------------
                                                             Then, the
                                                            organic HAP
                                                          emission limit
                                                              for the
  If the affected source applies coating to products in      affected
             the following subcategory . . .               source, in kg
                                                             HAP/liter
                                                          solids (lb HAP/
                                                           gal solids)1,
                                                               2 is:
------------------------------------------------------------------------
1. Doors and windows....................................     0.06 (0.48)
2. Flooring.............................................     0.00 (0.00)
3. Interior wall paneling or tileboard..................     0.00 (0.04)
4. Other interior panels................................     0.00 (0.00)
5. Exterior siding, doorskins, and miscellaneous........    0.00 (0.00)
------------------------------------------------------------------------
\1\ Determined as a rolling 12-month emission rate according to the
  requirements in Sec.  63.4741, Sec.  63.4751, or Sec.  63.4761, as
  applicable.
\2\ If the affected source applies coatings to products in more than one
  of the subcategories listed in the table, then you must determine the
  applicable emission limit according to Sec.  63.4690(c).

    You must comply with the emission limits that apply to your 
affected source in the following table as required by Sec. 63.4690:

    Table 2 to Subpart QQQQ of Part 63.--Emission Limits for Existing
                            Affected Sources
------------------------------------------------------------------------
                                                             Then, the
                                                            organic HAP
                                                          emission limit
                                                              for the
  If the affected source applies coating to products in      affected
             the following subcategory . . .               source, in kg
                                                             HAP/liter
                                                          solids (lb HAP/
                                                           gal solids)1,
                                                               2 is:
------------------------------------------------------------------------
1. Doors and windows....................................     0.17 (1.45)
2. Flooring.............................................     0.09 (0.78)
3. Interior wall paneling or tileboard..................     0.18 (1.53)
4. Other interior panels................................     0.00 (0.01)
5. Exterior siding, doorskins, and miscellaneous........    0.01 (0.06)
------------------------------------------------------------------------
1 Determined as a rolling 12-month emission rate according to the
  requirements in Sec.  63.4741, Sec.  63.4751, or Sec.  63.4761, as
  applicable.
2 If the affected source applies coatings to products in more than one
  of the subcategories listed in the table, then you must determine the
  applicable emission limit according to Sec.  63.4690(c).

    If you are required to comply with operating limits by 
Sec. 63.4692, you must comply with the applicable operating limits in 
the following table:

[[Page 42441]]



   Table 3 to Subpart QQQQ 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.........  a. The average        i. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.4768(c);
                               combustion           ii. Reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec.    iii. Maintaining the
                               63.4767(a).           3-hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.4768(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
                               63.4767(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 across     Sec.  63.4768(c),
                               the catalyst bed in   reducing the data
                               any 3-hour period     to 3-hour block
                               does not fall below   averages, and
                               the temperature       maintaining the 3-
                               difference limit      hour average
                               established           temperature
                               according to Sec.     difference at or
                               63.4767(b)(2) or      above the
                               develop and           temperature
                               implement an          difference limit;
                               inspection and        or
                               maintenance plan     ii. Complying with
                               according to Sec.     the inspection and
                               63.4767(b)(3) and     maintenance plan
                               (4).                  developed according
                                                     to Sec.
                                                     63.4767(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             63.4768(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
                               63.4767(c).           limit.
                              b. The temperature    i. Measuring the
                               of the carbon bed,    temperature of the
                               after completing      carbon bed, after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle, must not       any cooling cycle,
                               exceed the carbon     according to Sec.
                               bed temperature       63.4768(d); and
                               limit established    ii. Operating the
                               according to Sec.     carbon beds such
                               63.4767(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................  a. 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        63.4768(e);
                               temperature limit    ii. Reducing the
                               established           data to 3-hour
                               according to Sec.     block averages; and
                               63.4767(d).          iii. Maintaining the
                                                     3-hour average gas
                                                     temperature at the
                                                     outlet at or below
                                                     the temperature
                                                     limit.
5. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE according to    the air flow at all   direction of air
 Sec.  63.4765(a).             times must be into    flow; and either
                               the enclosure; and    the facial velocity
                               either.               of air through all
                                                     natural draft
                                                     openings according
                                                     to Sec.
                                                     63.4768(f)(1) or
                                                     the pressure drop
                                                     across the
                                                     enclosure according
                                                     to Sec.
                                                     63.4768(f)(2); and
                                                    ii. Maintaining the
                                                     facial velocity of
                                                     air flow through
                                                     all natural draft
                                                     openings or the
                                                     pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
                              b. The average        i. See items 5a.i.
                               facial velocity of    and ii.
                               air through all
                               natural draft
                               openings in the
                               enclosure must be
                               at least 200 feet
                               per minute; or.
                              c. The pressure drop  i. See items 5a.i.
                               across the            and ii.
                               enclosure must be
                               at least 0.007 inch
                               H2O, as established
                               in Method 204 of
                               appendix M to 40
                               CFR part 51.

[[Page 42442]]

 
6. Emission capture system    a. The average gas    i. collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec.  63.4765(a).          rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.4768(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.  63.4747(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 Sec.
                               concentrate stream    63.4768(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
                               63.4767(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            63.4768(g); and
                               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
                               63.4767(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 4 to Subpart QQQQ of Part 63.--Applicability of General Provisions to Subpart QQQQ of Part 63
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    QQQQ                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)-(14)................  General Applicability..  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(b)(1)-(3).................  Initial Applicability    Yes                      Applicability to
                                        Determination.                                    subpart QQQQ is also
                                                                                          specified in Sec.
                                                                                          63.4681.
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(c)(1).....................  Applicability After      Yes.
                                        Standard Established.
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(c)(2)-(3).................  Applicability of Permit  No.....................  Area sources are not
                                        Program for Area                                  subject to subpart
                                        Sources.                                          QQQQ.
----------------------------------------------------------------------------------------------------------------
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.
                                                                                          63.4781.
----------------------------------------------------------------------------------------------------------------
Sec.  63.3(a)-(c)....................  Units and Abbreviations  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.4(a)(1)-(5).................  Prohibited Activities..  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.4(b)-(c)....................  Circumvention/           Yes.
                                        Severability.
----------------------------------------------------------------------------------------------------------------
Sec.  63.5(a)........................  Construction/            Yes.
                                        Reconstruction.
----------------------------------------------------------------------------------------------------------------
Sec.  63.5(b)(1)-(6).................  Requirements for         Yes.
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
----------------------------------------------------------------------------------------------------------------
Sec.  63.5(d)........................  Application for          Yes.
                                        Approval of
                                        Construction/
                                        Reconstruction.
----------------------------------------------------------------------------------------------------------------
Sec.  63.5(e)........................  Approval of              Yes.
                                        Construction/
                                        Reconstruction.
----------------------------------------------------------------------------------------------------------------

[[Page 42443]]

 
Sec.  63.5(f)........................  Approval of              Yes.
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(a)........................  Compliance With          Yes.
                                        Standards and
                                        Maintenance
                                        Requirements--
                                        Applicability.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(b)(1)-(7).................  Compliance Dates for     Yes                      Sec.  63.4683 specifies
                                        New and Reconstructed                             the compliance dates.
                                        Sources.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(c)(1)-(5).................  Compliance Dates for     Yes                      Sec.  63.4683 specifies
                                        Existing Sources.                                 the compliance dates.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(e)(1)-(2).................  Operation and            Yes.
                                        Maintenance.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(e)(3).....................  Startup, Shutdown, and   Yes                      Only sources using an
                                        Malfunction Plan.                                 add-on control device
                                                                                          to comply with the
                                                                                          standard must complete
                                                                                          startup, shutdown, and
                                                                                          malfunction plans.
----------------------------------------------------------------------------------------------------------------
Sec.  63.6(f)(1).....................  Compliance Except        Yes                      Applies only to sources
                                        during Startup,                                   using an add-on
                                        Shutdown, and                                     control device to
                                        Malfunction.                                      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 QQQQ 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--                                    sources. Additional
                                        Applicability.                                    requirements for
                                                                                          performance testing
                                                                                          are specified in Secs.
                                                                                          63.4764, 63.4765, and
                                                                                          63.4766.
----------------------------------------------------------------------------------------------------------------
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.
                                                                                          Sec.  63.4760
                                                                                          specifies the schedule
                                                                                          for performance test
                                                                                          requirements that are
                                                                                          earlier than those
                                                                                          specified in Sec.
                                                                                          63.7(a)(2).
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(a)(3).....................  Performance Tests        Yes.
                                        Required by the
                                        Administrator.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(b)-(e)....................  Performance Test         Yes....................  Applies only to
                                        Requirements--                                    performance tests for
                                        Notification, Quality                             capture system and add-
                                        Assurance, Facilities                             on control device
                                        Necessary for Safe                                efficiency at sources
                                        Testing, Conditions                               using these to comply
                                        During Test.                                      with the standard.
----------------------------------------------------------------------------------------------------------------
Sec.  63.7(f)........................  Performance Test         Yes....................  Applies to all test
                                        Requirements--Use of                              methods except those
                                        Alternative Test                                  used to determine
                                        Method.                                           capture system
                                                                                          efficiency.
----------------------------------------------------------------------------------------------------------------

[[Page 42444]]

 
Sec.  63.7(g)-(h)....................  Performance Test         Yes....................  Applies only to
                                        Requirements--Data                                performance tests for
                                        Analysis,                                         capture system and add-
                                        Recordkeeping,                                    on control device
                                        Reporting, Waiver of                              efficiency at sources
                                        Test.                                             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.
                                                                                          63.4768.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(a)(4).....................  Additional Monitoring    No.....................  Subpart QQQQ 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.
                                                                                          63.4768.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(4).....................  CMSs...................  No.....................  Sec.  63.4768 specifies
                                                                                          the requirements for
                                                                                          the operation of CMS
                                                                                          for capture systems
                                                                                          and add-on control
                                                                                          devices at sources
                                                                                          using these to comply.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(5).....................  COMS...................  No.....................  Subpart QQQQ does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(6).....................  CMS Requirements.......  No.....................  Sec.  63.4768 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       Yes.                     .......................
                                        Periods.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(c)(8).....................  CMS out-of-control       No.....................  Sec.  63.4720 requires
                                        periods reporting.                                reporting of CMS out-
                                                                                          of-control periods.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(d)-(e)....................  Quality Control Program  No.....................  Subpart QQQQ 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 QQQQ does not
                                        Accuracy Test.                                    require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
----------------------------------------------------------------------------------------------------------------
Sec.  63.8(g)(1)-(5).................  Data Reduction.........  No.....................  Secs.  63.4767 and
                                                                                          63.4768 specify
                                                                                          monitoring data
                                                                                          reduction.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(a)-(d)....................  Notification             Yes.                     .......................
                                        Requirements.
----------------------------------------------------------------------------------------------------------------

[[Page 42445]]

 
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 QQQQ does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible emission
                                                                                          standards.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(g)(1)-(3).................  Additional               No.....................  Subpart QQQQ does not
                                        Notifications When                                require the use of
                                        Using CMS.                                        continuous emissions
                                                                                          monitoring systems.
----------------------------------------------------------------------------------------------------------------
Sec.  63.9(h)........................  Notification of          Yes....................  Sec.  63.4710 specifies
                                        Compliance 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.
                                                                                          63.4730 and 63.4731.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(i)-(v).............  Recordkeeping Relevant   Yes....................  Requirements for
                                        to Startup, Shutdown,                             Startup, Shutdown, and
                                        and Malfunction                                   Malfunction records
                                        Periods and CMS.                                  only apply to add-on
                                                                                          control devices used
                                                                                          to comply with the
                                                                                          standard.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(vi)-(xi)...........  .......................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(xii)...............  Records................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(xiii)..............  .......................  No.....................  Subpart QQQQ does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(2)(xiv)...............  .......................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(b)(3)....................  Recordkeeping            Yes.
                                        Requirements for
                                        Applicability
                                        Determinations.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(c)(1)-(6)................  Additional               Yes.
                                        Recordkeeping
                                        Requirements for
                                        Sources with CMS.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(c)(7)-(8)................  .......................  No.....................  The same records are
                                                                                          required in Sec.
                                                                                          63.4720(a)(7).
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(c)(9)-(15)...............  .......................  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(1)....................  General Reporting        Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                          63.4720.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(2)....................  Report of Performance    Yes....................  Additional requirements
                                        Test Results.                                     are specified in Sec.
                                                                                          63.4720(b).
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(3)....................  Reporting Opacity or     No.....................  Subpart QQQQ does not
                                        Visible Emissions                                 require opacity or
                                        Observations.                                     visible emissions
                                                                                          observations.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(d)(4)....................  Progress Reports for     Yes.
                                        Sources With
                                        Compliance Extensions.
----------------------------------------------------------------------------------------------------------------

[[Page 42446]]

 
Sec.  63.10(d)(5)....................  Startup, Shutdown, and   Yes....................  Applies only to add-on
                                        Malfunction Reports.                              control devices at
                                                                                          sources using these to
                                                                                          comply withthe
                                                                                          standard.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(e)(1)-(2)................  Additional CMS Reports.  No.....................  Subpart QQQQ does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoringsystems.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(e)(3)....................  Excess Emissions/CMS     No.....................  Sec.  63.4720(b)
                                        Performance Reports.                              specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(e)(4)....................  COMS Data Reports......  No.....................  Subpart QQQQ does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
----------------------------------------------------------------------------------------------------------------
Sec.  63.10(f).......................  Recordkeeping/Reporting  Yes.
                                        Waiver.
----------------------------------------------------------------------------------------------------------------
Sec.  63.11..........................  Control Device           No.....................  Subpart QQQQ does not
                                        Requirements/Flares.                              specify use of flares
                                                                                          for compliance.
----------------------------------------------------------------------------------------------------------------
Sec.  63.12..........................  State Authority and      Yes.
                                        Delegations.
----------------------------------------------------------------------------------------------------------------
Sec.  63.13..........................  Addresses..............  Yes.
----------------------------------------------------------------------------------------------------------------
Sec.  63.14..........................  Incorporation by         Yes.
                                        Reference.
----------------------------------------------------------------------------------------------------------------
Sec.  63.15..........................  Availability of          Yes.
                                        Information/
                                        Confidentiality.
----------------------------------------------------------------------------------------------------------------

    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 5 to Subpart QQQQ of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
                                                       Average
      Solvent/solvent blend           CAS. No.       organic HAP        Typical organic HAP, percent by mass
                                                    mass fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene.......................        108-88-3           1.0    Toluene.
----------------------------------------------------------------------------------------------------------------
2. Xylene(s).....................       1330-20-7           1.0    Xylenes, ethylbenzene.
----------------------------------------------------------------------------------------------------------------
3. Hexane........................        110-54-3           0.5    n-hexane.
----------------------------------------------------------------------------------------------------------------
4. n-Hexane......................        110-54-3           1.0    n-hexane.
----------------------------------------------------------------------------------------------------------------
5. Ethylbenzene..................        100-41-4           1.0    Ethylbenzene.
----------------------------------------------------------------------------------------------------------------
6. Aliphatic 140.................  ..............           0      None.
----------------------------------------------------------------------------------------------------------------
7. Aromatic 100..................  ..............           0.02   1% xylene, 1% cumene.
----------------------------------------------------------------------------------------------------------------
8. Aromatic 150..................  ..............           0.09   Naphthalene.
----------------------------------------------------------------------------------------------------------------
9. Aromatic naphtha..............      64742-95-6           0.02   1% xylene, 1% cumene.
----------------------------------------------------------------------------------------------------------------
10. Aromatic solvent.............      64742-94-5           0.1    Naphthalene.
----------------------------------------------------------------------------------------------------------------
11. Exempt mineral spirits.......       8032-32-4           0      None.
----------------------------------------------------------------------------------------------------------------
12. Ligroines (VM & P)...........       8032-32-4           0      None.
----------------------------------------------------------------------------------------------------------------
13. Lactol spirits...............      64742-89-6           0.15   Toluene.
----------------------------------------------------------------------------------------------------------------
14. Low aromatic white spirit....      64742-82-1           0      None.
----------------------------------------------------------------------------------------------------------------
15. Mineral spirits..............      64742-88-7           0.01   Xylenes.
----------------------------------------------------------------------------------------------------------------
16. Hydrotreated naphtha.........      64742-48-9           0      None.
----------------------------------------------------------------------------------------------------------------

[[Page 42447]]

 
17. Hydrotreated light distillate      64742-47-8           0.001  Toluene.
----------------------------------------------------------------------------------------------------------------
18. Stoddard solvent.............       8052-41-3           0.01   Xylenes.
----------------------------------------------------------------------------------------------------------------
19. Super high-flash naphtha.....      64742-95-6           0.05   Xylenes.
----------------------------------------------------------------------------------------------------------------
20. Varsol [supreg] solvent......       8052-49-3           0.01   0.5% xylenes, 0.5% ethylbenzene.
----------------------------------------------------------------------------------------------------------------
21. VM & P naphtha...............      64742-89-8           0.06   3% toluene, 3% xylene.
----------------------------------------------------------------------------------------------------------------
22. Petroleum distillate mixture.      68477-31-6           0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------

    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 6 to Subpart QQQQ of Part 63.--Default Organic HAP Mass Fraction for Petroleum Solvent Groupsa
----------------------------------------------------------------------------------------------------------------
                                      Average
          Solvent type             organic  HAP                Typical organic HAP, percent by mass
                                  mass  fraction
----------------------------------------------------------------------------------------------------------------
Aliphaticb......................            0.03  1% xylene, 1% toluene, and 1% ethylbenzene.
----------------------------------------------------------------------------------------------------------------
Aromaticc.......................            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 5 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. 02-14034 Filed 6-20-02; 8:45 am]
BILLING CODE 6560-50-P