[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Proposed Rules]
[Pages 52780-52826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14759]



[[Page 52779]]

-----------------------------------------------------------------------

Part II





Environmental Protection Agency





-----------------------------------------------------------------------



40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Miscellaneous Metal Parts and Products; Proposed Rule

  Federal Register / Vol. 67, No. 156 / Tuesday, August 13, 2002 / 
Proposed Rules  

[[Page 52780]]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7229-7]
RIN 2060-AG56


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Miscellaneous Metal Parts and Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This action proposes national emission standards for hazardous 
air pollutants (NESHAP) for miscellaneous metal parts and products 
surface coating operations located at major sources of hazardous air 
pollutants (HAP). The proposed standards would implement section 112(d) 
of the Clean Air Act (CAA) by requiring these operations to meet HAP 
emission standards reflecting the application of the maximum achievable 
control technology (MACT). The HAP emitted by these operations include 
xylene, toluene, methyl ethyl ketone (MEK), phenol, cresols/cresylic 
acid, 2-butoxyethanol, styrene, methyl isobutyl ketone (MIBK), ethyl 
benzene, and glycol ethers. Exposure to these substances has been 
demonstrated to cause adverse health effects such as irritation of the 
lung, eye, and mucus membranes, asthma, effects on the central nervous 
system, and cancer. In general, these findings have only been shown 
with concentrations higher than those typically in the ambient air. The 
proposed standards would reduce nationwide HAP emissions from major 
sources in this source category by approximately 48 percent.

DATES: Comments. Submit comments on or before October 15, 2002.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing, they should do so by September 2, 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-97-34, 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-97-34, 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 the 
new EPA facility complex in Research Triangle Park, North Carolina. You 
should contact Ms. Janet Eck, Coatings and Consumer Products 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-97-34 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: Ms. Kim Teal, Coatings and Consumer 
Products Group, Emission Standards Division (C539-03), U.S. EPA, 
Research Triangle Park, NC 27711; telephone number (919) 541-5580; 
facsimile number (919) 541-5689; electronic mail (e-mail) address: 
[email protected].

SUPPLEMENTARY INFORMATION:

Comments

    Comments and data may be submitted by e-mail to: [email protected]. Electronic comments must be submitted as an ASCII file 
to avoid the use of special characters and encryption problems and will 
also be accepted on disks in WordPerfect file format. All 
comments and data submitted in electronic form must note the docket 
number: A-97-34. 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: Ms. Kim Teal, 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, North Carolina 27711; telephone 
number (919) 541-7946 at least 2 days in advance of the public hearing. 
Persons interested in attending the public hearing should also contact 
Ms. Eck to verify the time, date, and location of the hearing. The 
public hearing will provide interested parties the opportunity to 
present data, views, or arguments concerning these proposed emission 
standards.

Docket

    The docket is an organized and complete file of all the information 
considered by EPA in the development of this rulemaking. The docket is 
a dynamic file because material is added throughout the rulemaking 
process. The docketing system is intended to allow members of the 
public and industries involved to readily identify and locate documents 
so that they can effectively participate in the rulemaking process. 
Along with the proposed and promulgated standards and their preambles, 
the contents of the docket will serve as the record in the case of 
judicial review. (See section 307(d)(7)(A) of the CAA.) The regulatory 
text and other materials related to this rulemaking are available for 
review in the docket or copies may be mailed on request from the Air 
and Radiation Docket and Information Center by calling (202) 260-7548. 
A reasonable fee may be charged for copying docket materials.

World Wide Web (WWW)

    In addition to being available in the docket, an electronic copy of 
this proposed rule will also be available on the World Wide Web through 
the Technology Transfer Network (TTN). Following signature by the EPA 
Administrator, a copy of the proposed rule will be posted on the TTN's 
policy and guidance page for newly proposed or promulgated rules at 
http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control. If more 
information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.

[[Page 52781]]

Regulated Entities

    The proposed source category definition includes facilities that 
apply coatings to miscellaneous metal parts and products. Facilities 
that coat miscellaneous metal parts and products are covered under a 
wide range of Standard Industrial Classification (SIC) and North 
American Industrial Classification System (NAICS) codes. Some examples 
of common product types included in this source category are listed in 
the following table. However, facilities classified under many other 
SIC or NAICS codes may be subject to the proposed standards if they 
meet the applicability criteria.

 Table 1.--Categories and Entities Potentially Regulated by the Proposed
                                Standards
------------------------------------------------------------------------
                                                         Examples of
             Category                SIC     NAICS       potentially
                                                      regulated entities
------------------------------------------------------------------------
Aerospace Equipment..............     3724   336413  Aircraft engines,
                                                      aircraft parts,
                                                      aerospace ground
                                                      equipment.
                                      3728   336414  ...................
                                      376X   336415  ...................
                                              54171  ...................
Automobile Parts.................     3711   335312  Engine parts,
                                                      vehicle parts and
                                                      accessories,
                                                      brakes, axles,
                                                      etc.
                                      3713   336111  ...................
                                      3714   336211  ...................
                                      3292   336312  ...................
                                      3429    33632  ...................
                                      3465    33633  ...................
                                      3694    33634  ...................
                                      3829    33637  ...................
                                             336399  ...................
Extruded Aluminum................     3354   331316  Extruded aluminum,
                                                      architectural
                                                      components, coils,
                                                      rod, and tubes.
                                      3365   331524  ...................
                                      3442   332321  ...................
                                      3446   332323  ...................
Heavy Equipment..................     3511    33312  Tractors, earth
                                                      moving machinery.
                                      3519   333611  ...................
                                      352X   333618  ...................
                                      353X  .......  ...................
Job Shops........................     3441   332312  Any of the products
                                                      from the
                                                      miscellaneous
                                                      metal parts and
                                                      products segments.
                                      3471   332722  ...................
                                      3499   332813  ...................
                                      3999   332991  ...................
                                             332999  ...................
                                             334119  ...................
                                             336413  ...................
                                             339999  ...................
Large Trucks and Buses...........     3711    33612  Large trucks and
                                                      buses.
                                      3713   336211  ...................
                                      3716  .......  ...................
Magnet Wire......................     3351   331319  Magnet wire.
                                      3357   331422  ...................
                                             335929  ...................
Metal Buildings..................     3448   332311  Prefabricated
                                                      metal: buildings,
                                                      carports, docks,
                                                      dwellings,
                                                      greenhouses,
                                                      panels for
                                                      buildings.
Metal Containers.................     2655    33242  Drums, kegs, pails,
                                                      shipping
                                                      containers.
                                      3089    81131  ...................
                                      3325   322214  ...................
                                      3412   326199  ...................
                                      3443   331513  ...................
                                      5085   332439  ...................
Metal Pipe and Foundry...........     331X   331111  Plate, tube, rods,
                                                      nails, spikes,
                                                      etc.
                                      332X   331513  ...................
                                      336X    33121  ...................
                                      3399   331221  ...................
                                             331511  ...................
Rail Transportation..............     3731    33651  Brakes, engines,
                                                      freight cars,
                                                      locomotives.
                                      3743   336611  ...................
                                      4011   482111  ...................
                                      4741  .......  ...................
Recreational Vehicles............     3083     3369  Motorcycles, motor
                                                      homes,
                                                      semitrailers,
                                                      truck trailers.
                                      3354   331316  ...................
                                      3713   336991  ...................
                                      3714   336211  ...................
                                      3716   336112  ...................
                                      375X   336213  ...................
                                      3792   336214  ...................
                                             336399  ...................
Rubber-to-Metal Products.........     3061   326291  Engine mounts,
                                                      rubberized tank
                                                      tread, harmonic
                                                      balancers.
                                      3069   326299  ...................
                                      3479  .......  ...................
Structural Steel.................     3441   332311  Joists, railway
                                                      bridge sections,
                                                      highway bridge
                                                      sections.

[[Page 52782]]

 
                                      3448   332312  ...................
Other Transportation Equipment...     3711   336212  Miscellaneous
                                                      transportation
                                                      related equipment
                                                      and parts.
                                      3519   336999  ...................
                                      3714    33635  ...................
                                      3715    56121  ...................
                                      3795     8111  ...................
                                      3621    56211  ...................
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your coating operation is regulated by 
this action, you should examine the applicability criteria in 
Sec. 63.3881 of the proposed rule. If you have any questions regarding 
the applicability of this action to a particular entity, consult the 
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

Outline

    The information presented in this preamble is organized as follows:

I. Background
    A. What is the source of authority for development of NESHAP?
    B. What criteria are used in the development of NESHAP?
    C. What are the health effects associated with HAP emissions 
from the surface coating of miscellaneous metal parts and products?
II. Summary of the Proposed Rule
    A. What source categories 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 other 
standards?
    F. What are the testing and initial compliance requirements?
    G. What are the continuous compliance provisions?
    H. What are the notification, recordkeeping, and reporting 
requirements?
III. Rationale for Selecting the Proposed Standards
    A. How did we select the source category?
    B. How did we select the regulated pollutants?
    C. How did we select the affected source?
    D. How did we determine the basis and level of the proposed 
standards for existing and new sources?
    E. How did we select the format of the proposed standards?
    F. How did we select the testing and initial compliance 
requirements?
    G. How did we select the continuous compliance requirements?
    H. How did we select the notification, recordkeeping, and 
reporting requirements?
    I. How did we select the compliance date?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental, and energy 
impacts?
V. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 13132, Federalism
    C. Executive Order 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 
Miscellaneous Metal Parts and Products (Surface Coating) category of 
major sources was listed on July 16, 1992 (57 FR 31576) under the 
Surface Coating Processes industry group. Major sources of HAP are 
those that emit or have the potential to emit equal to or greater than 
9.1 megagrams per year (Mg/yr) (10 tons per year (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 and existing major sources. The CAA 
requires the NESHAP to reflect the maximum degree of reduction in 
emissions of HAP that is achievable. This level of control is commonly 
referred to as the MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that the standard is set at a level that assures that all 
major sources achieve the level of control at least as stringent as 
that already achieved by the better-controlled and lower-emitting 
sources in each source category or subcategory. For new sources, the 
MACT floor cannot be less stringent than the emission control that is 
achieved in practice by the best-controlled similar source. The MACT 
standards for existing sources can be less stringent than standards for 
new sources, but they cannot be less stringent than the average 
emission limitation achieved by the best-performing 12 percent of 
existing sources in the category or subcategory (or the best-performing 
five sources for categories or subcategories with fewer than 30 
sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on the consideration of the cost of achieving the 
emission reductions, any non-air quality health and environmental 
impacts, and energy requirements.

C. What Are the Health Effects Associated With HAP Emissions From the 
Surface Coating of Miscellaneous Metal Parts and Products?

    The HAP emitted from the surface coating of miscellaneous metal 
parts and products include xylene, toluene, MEK, phenol, cresols/
cresylic acid, 2-butoxyethanol, styrene, MIBK, ethyl benzene, and 
glycol ethers. These compounds account for about 90 percent of the 
nationwide HAP emissions from this source category. 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 lung, eyes, and mucus 
membranes and

[[Page 52783]]

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 source 
category and the people living around the facilities that would be 
necessary to conduct an analysis to determine the actual population 
exposures to the HAP emitted from these facilities and potential for 
resultant health effects. Therefore, we do not know the extent to which 
the adverse health effects described above occur in the populations 
surrounding these facilities. However, to the extent the adverse 
effects do occur, the proposed rule would reduce emissions and 
subsequent exposures.

II. Summary of the Proposed Rule

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

    The proposed rule would apply to you if you own or operate a 
miscellaneous metal parts and products surface coating facility that 
uses at least 250 gallons of coating materials per year and is a major 
source, or is located at a major source, or is part of a major source 
of HAP emissions. We have defined a miscellaneous metal parts and 
products surface coating facility as any facility engaged in the 
surface coating of any metal part or product that is not included in 
the definition of the affected source in NESHAP for another source 
category. The proposed rule would also apply to the surface coating of 
the plastic contained in parts and products that are pre-assembled from 
plastic and metal components, where greater than 50 percent of the 
coatings (by volume, determined on a rolling 12-month basis) are 
applied to the metal surfaces, and where the surface coating of the 
metal surfaces is subject to the proposed rule. If your source is 
subject to the proposed rule and you can demonstrate that more than 50 
percent of your coatings are applied to the metal surfaces of pre-
assembled plastic and metal components, then compliance with the 
proposed rule constitutes compliance with the plastic parts and 
products surface coating NESHAP currently under development. You must 
maintain records (such as coating usage or surface area) to document 
that more than 50 percent of the coatings are applied to metal 
surfaces.
    You would not be subject to the proposed rule if your miscellaneous 
metal parts and 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 your permitting authority.
    The proposed rule also does not apply to surface coating conducted 
at a source that uses only coatings, thinners, and cleaning materials 
that contain no organic HAP, as determined according to the provisions 
in the proposed rule.
    The source category does not include research or laboratory 
facilities; janitorial, building, and facility 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 non-refillable aerosol containers.
    Also included on the July 16,1992 source category list (57 FR 
31576) were major sources emitting HAP from ``asphalt/coal tar 
application-metal pipes'' (hereafter referred to as asphalt coating). 
In developing the proposed rule, we decided not to establish MACT 
standards separately for the asphalt coating category but, rather, to 
include asphalt coating of metal pipes in the source category for 
coating of miscellaneous metal parts and products. Data and information 
gathered from the asphalt coating industry indicate that the equipment, 
emission characteristics, and applicable emission reduction measures 
are similar to the broad group of miscellaneous metal sources. 
Therefore, we are including asphalt coating in the proposed rule.
    We believe it is technically feasible to regulate emissions from a 
variety of metal coating operations by a single rule. Many of the metal 
coating operations that we are proposing to regulate are collocated 
within individual facilities. Facilities with collocated metal coating 
operations could more easily comply with a single rule than with 
individual rules for each of the collocated operations. Several 
industry representatives also expressed interest in a generic rule that 
would specify consistent requirements for a wide range of coating 
operations. Another reason to develop a single rule to regulate metal 
coating operations is that it is more efficient and less costly to 
develop a single rule than to develop separate rules for several 
individually listed source categories which have similar emission 
characteristics and applicable emission reduction measures. A single 
rule will ensure that coating operations with comparable HAP emissions 
and emission reduction measures are subject to the same requirements. 
In addition, compliance and enforcement activities would be more 
efficient and less costly.

B. What Is the Relationship to Other Rules?

    Affected sources subject to the proposed rule may also be subject 
to other rules if they perform surface coating of products that are 
included in another source category. If you own or operate an affected 
source that is subject to the proposed rule and at the same affected 
source you also perform surface coating that is subject to any other 
NESHAP, you may choose to be subject to the requirements of the more 
stringent of the NESHAP for the entire surface coating affected source. 
If you choose to comply with the requirements of more stringent NESHAP 
and you demonstrate that the resulting HAP emission level (tpy) would 
be less than or equal to that achieved by complying separately with all 
applicable subparts, compliance with the more stringent NESHAP will 
constitute compliance with the requirements of the proposed rule. We 
specifically request comments on how monitoring, recordkeeping, and 
reporting requirements can be consolidated for sources that are subject 
to more than one rule.

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

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

[[Page 52784]]

used to remove coating residue or other unwanted materials. Cleaning in 
this industry includes cleaning of spray guns and transfer lines (e.g., 
tubing or piping), tanks, and the interior of spray booths. Cleaning 
also includes applying solvents to manufactured parts prior to coating 
application and to equipment (e.g., cleaning rollers, pumps, conveyors, 
etc.).
Mixing and Storage
    Organic HAP emissions can also occur from displacement of organic 
vapor-laden air in containers used to store HAP solvents or to mix 
coatings containing HAP solvents. The displacement of vapor-laden air 
can occur during the filling of containers and can be caused by changes 
in temperature or barometric pressure, or by agitation during mixing.
Organic HAP
    Available emission data collected during the development of the 
proposed NESHAP show that the primary organic HAP emitted from the 
surface coating of miscellaneous metal parts and products include 
xylene, toluene, MEK, phenol, cresols/cresylic acid, 2-butoxyethanol, 
styrene, MIBK, ethyl benzene, and glycol ethers. These compounds 
account for approximately 90 percent of this category's nationwide 
organic HAP emissions.
Inorganic HAP
    Based on information reported in survey responses during the 
development of the proposed NESHAP, inorganic HAP, including chromium, 
cobalt, lead, and manganese compounds, are components of some coatings 
used by this source category. No inorganic HAP were reported in 
cleaning materials. Most of the inorganic HAP components remain as 
solids in the dry coating film on the parts being coated or are 
deposited onto the walls, floor, and grates of the spray booths in 
which they are applied. Some of the inorganic HAP particles are 
entrained in the spray booth exhaust air. Spray booths in the 
miscellaneous metal parts and 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 standards define the affected 
source as the collection of all operations associated with the surface 
coating of miscellaneous metal parts and products. These operations 
include preparation of a coating for application (e.g., mixing with 
thinners); surface preparation of the miscellaneous metal parts and 
products (including paint stripping for the purpose of preparing a 
substrate for the application of a coating); coating application and 
flash-off; drying and/or curing of applied coatings; cleaning of 
equipment used in surface coating; storage of coatings, thinners, and 
cleaning materials; and handling and conveyance of waste materials from 
the surface coating operations. The coating operation does not include 
the application of coatings using hand-held aerosol containers.

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

Emission Limits
    We are proposing to limit organic HAP emissions from each affected 
source as specified in the following tables. For each of the 
subcategories (defined in the proposed standards), the emission limit 
is expressed as the mass of HAP emissions per volume of coating solids 
used during each 12-month compliance period.

  Table 2.--Emission Limits for New and Reconstructed Affected Sources
------------------------------------------------------------------------
                                                     Emission   Emission
                                                    limit (kg    limit
                                                    HAP/liter  (lbs HAP/
                   Coating type                         of     gallon of
                                                     coating    coating
                                                     solids)    solids)
------------------------------------------------------------------------
General Use Subcategory:
   General Use Coatings...................       0.23       1.94
   High Performance Coatings..............       3.30      27.54
Magnet Wire Subcategory...........................       0.05       0.44
Rubber-to-Metal Subcategory.......................       0.82       6.80
------------------------------------------------------------------------


         Table 3.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
                                                     Emission   Emission
                                                    limit (kg    limit
                                                    HAP/liter  (lbs HAP/
                   Coating type                         of     gallon of
                                                     coating    coating
                                                     solids)    solids)
------------------------------------------------------------------------
General Use Subcategory:
   General Use Coatings...................       0.31       2.60
   High Performance Coatings..............       3.30      27.54
Magnet Wire Subcategory...........................       0.12       1.00
Rubber-to-Metal Subcategory.......................       4.50      37.70
------------------------------------------------------------------------

    The proposed standards contain provisions that allow you to 
calculate a facility-specific emission limit if your facility is in the 
general use subcategory and applies both general use and high 
performance coatings. The facility-specific limit is a weighted average 
emission limit based on the relative percentages of each coating type 
you use during the compliance period.
    You can choose from several compliance options in the proposed rule 
to achieve the emission limits. You could comply by applying materials 
(coatings, thinners, and cleaning materials) that meet the emission 
limits, either individually or collectively, during each compliance 
period. You could also use a capture system and add-on control device 
to meet the emission limits. You could also comply by using a 
combination of both approaches.
Operating Limits
    If you reduce emissions by using a capture system and add-on 
control device (other than a solvent recovery system for which you 
conduct a liquid-liquid material balance), the proposed operating 
limits would apply to you. These limits are site-specific parameter 
limits that you determine during the initial performance test of the 
system. For capture systems that are not permanent total enclosures, 
you would establish average volumetric flow rates or duct static 
pressure limits for each capture device (or enclosure) in each capture 
system. For capture systems that are permanent total enclosures, you 
would establish limits on average facial velocity or pressure drop 
across openings in the enclosure.
    For 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

[[Page 52785]]

plan for the catalytic oxidizer. For carbon adsorbers for which you do 
not conduct a liquid-liquid material balance, you would monitor the 
carbon bed temperature and the amount of steam or nitrogen used to 
desorb the bed. For condensers, you would monitor the outlet gas 
temperature from the condenser.
    The site-specific parameter limits that you establish must reflect 
operation of the capture system and control devices during a 
performance test that demonstrates achievement of the emission limits 
during representative operating conditions.
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 
are stored in closed containers; spills of organic HAP coatings, 
thinners, cleaning materials, and waste materials are minimized; 
organic HAP coatings, thinners, cleaning materials, and waste materials 
are conveyed from one location to another in closed containers or 
pipes; mixing vessels which contain organic HAP coatings and other 
materials are closed except when adding to, removing, or mixing the 
contents; and emissions of organic HAP are 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 may be used to satisfy the requirement 
for a work practice plan.
Operations During Startup, Shutdown, or Malfunction
    If you use a capture system and control device for compliance, you 
would be required to develop and operate according to a startup, 
shutdown, and malfunction plan (SSMP) during periods of startup, 
shutdown, or malfunction of the capture system and control device.
General Provisions
    The NESHAP General Provisions (40 CFR part 63, subpart A) also 
would apply to you as indicated in the proposed standards. 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 standards refer to individual sections of the General 
Provisions to emphasize key sections that are relevant. However, unless 
specifically overridden in the proposed standards, all of the 
applicable General Provisions requirements would apply to you.

F. What Are the Testing and Initial Compliance Requirements?

Compliance Dates
    Existing affected sources would have to be in compliance with the 
final standards no later than [DATE 3 YEARS AFTER THE DATE OF 
PUBLICATION OF THE FINAL RULE IN THE Federal Register]. New and 
reconstructed sources would have to be in compliance upon startup of 
the affected source or no later than [DATE OF PUBLICATION OF THE FINAL 
RULE IN THE Federal Register], whichever is later.
    The proposed initial compliance period begins on the applicable 
compliance date and ends on the last day of the twelfth 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. 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 by the end of the initial 
compliance period. At the end of the initial compliance period, the 
owner or operator would use the data and records generated to determine 
whether or not the affected source is in compliance for that period. If 
the affected source does not meet the applicable limits and other 
requirements, it is out of compliance for the entire initial compliance 
period.
Emission Limits
    There are several options for complying with the proposed emission 
limits, and the testing and initial compliance requirements vary 
accordingly.
Option 1: Compliance Based on Materials Used in the Affected Source
    If you demonstrate compliance based on the materials used, you 
would determine the mass of organic HAP and the volume fraction of 
coating solids in all materials used during the compliance period.
    To determine the mass of organic HAP in coatings, thinners, and 
cleaning materials and the volume fraction of coating solids, you could 
either rely on manufacturer's data or on results from the test methods 
listed below. You may use alternative test methods provided you get EPA 
approval in accordance with the NESHAP General Provisions, 40 CFR 
63.7(f). However, if there is any inconsistency between the test method 
results (either EPA's or an approved alternative) and manufacturer's 
data, the test method results would prevail for compliance and 
enforcement purposes.
     For organic HAP content, use Method 311 of 40 CFR part 63, 
appendix A.
     The proposed rule allows you to use 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, use Method 24 of 40 CFR part 60, appendix A.
     For volume fraction of coating solids, use either Equation 
1 in Sec. 63.3941 of the proposed rule, ASTM Method D2697-86 (1998), or 
ASTM Method D6093-97.
    To demonstrate initial compliance based on the materials used, you 
would be required to demonstrate that either the organic HAP content of 
each coating meets the emission limits and that you use no organic HAP-
containing thinners or cleaning materials, or that the total mass of 
organic HAP in all coatings, thinners, and cleaning materials divided 
by the total volume of coating solids meets the emission limits. For 
the latter option, you would be required to:
     Determine the quantity of each coating, thinner, and 
cleaning material used.
     Determine the mass of organic HAP in each coating, 
thinner, and cleaning material.
     Determine the volume fraction of coating solids for each 
coating.
     Calculate the total mass of organic HAP in all materials 
and the total volume of coating solids for the compliance period. You 
may subtract from the total mass of organic HAP the amount contained in 
waste materials you send to a hazardous waste treatment, storage, and 
disposal facility regulated under 40 CFR part 262, 264, 265, or 266.

[[Page 52786]]

     Calculate the ratio of the total mass of organic HAP for 
the materials used to the total volume of coating solids used.
     Record the calculations and results and include them in 
your Notification of Compliance Status.
Option 2: Compliance Based on Using a Capture System and Add-On Control 
Device
    If you use a capture system and add-on control device other than a 
solvent recovery system for which you conduct a liquid-liquid material 
balance, your testing and initial compliance requirements are as 
follows:
     Conduct an initial performance test to determine the 
capture and control efficiencies of the equipment and to establish 
operating limits to be achieved on a continuous basis. The performance 
test would have to be completed no later than the compliance date for 
existing sources and 180 days after the compliance date for new and 
reconstructed sources. You would also need to schedule it in time to 
obtain the results for use in completing your compliance determination 
for the initial compliance period.
     Determine the mass of organic HAP in each material and the 
volume fraction of coating solids for each coating used during the 
initial compliance period.
     Calculate the organic HAP emissions from the controlled 
coating operations using the capture and control efficiencies 
determined during the performance test and the total mass of organic 
HAP in materials used in controlled coating operations.
     Calculate the ratio of the total mass of HAP emissions to 
the total volume of coating solids used during the initial compliance 
period.
     Record the calculations and results and include them in 
your Notification of Compliance Status.
    If you use a capture system and add-on control device other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances, you would determine both the efficiency of the capture system 
and the emission reduction efficiency of the control device. To 
determine the capture efficiency, you would either verify the presence 
of a permanent total enclosure using EPA Method 204 of 40 CFR part 51, 
appendix M (and all materials must be applied and dried within the 
enclosure), or use one of three protocols in Sec. 63.3965 of the 
proposed rule to measure capture efficiency. If you have a permanent 
total enclosure and all materials are applied and dried within the 
enclosure and you route all exhaust gases from the enclosure to a 
control device, you would assume 100 percent capture.
    To determine the emission reduction efficiency of the control 
device, you would conduct measurements of the inlet and outlet gas 
streams. The test would consist of three runs, each run lasting 1 hour, 
using the following EPA Methods in 40 CFR part 60, appendix A:
     Method 1 or 1A for selection of the sampling sites.
     Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate.
     Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight.
     Method 4 to determine stack moisture.
     Method 25 or 25A to determine organic volatile matter 
concentration. Alternatively, any other test method or data that have 
been validated according to the applicable procedures in Method 301 of 
40 CFR part 63, appendix A, and approved by the Administrator, could be 
used.
    If you use a solvent recovery system, you could determine the 
overall control efficiency using a liquid-liquid material balance 
instead of conducting an initial performance test. If you use the 
material balance alternative, you would be required to measure the 
amount of all materials used in the affected source during the 
compliance period and determine the total volatile matter contained in 
these materials. You would also measure the amount of volatile matter 
recovered by the solvent recovery system during the compliance period. 
Then you would compare the amount recovered to the amount used to 
determine the overall control efficiency and apply this efficiency to 
the organic HAP-to-coating solids ratio for the materials used. You 
would record the calculations and results and include them in your 
Notification of Compliance Status.
Operating Limits
    As mentioned above, you would establish operating limits as part of 
the initial performance test of a capture system and control device 
other than a solvent recovery system for which you conduct liquid-
liquid material balances. The operating limits are the minimum or 
maximum (as applicable) values achieved for capture systems and control 
devices during the most recent performance test that demonstrated 
compliance with the emission limits. If you operate your capture system 
and control device at different sets of representative operating 
conditions, you must establish operating limits for the parameters for 
each different operating condition.
    The proposed rule specifies the parameters to monitor for the types 
of emission control systems commonly used in the industry. You would be 
required to install, calibrate, maintain, and continuously operate all 
monitoring equipment according to manufacturer's specifications and 
ensure that the continuous parameter monitoring systems (CPMS) meet the 
requirements in Sec. 63.3968 of the proposed rule. If you use control 
devices other than those identified in the proposed rule, you would 
submit the operating parameters to be monitored to the Administrator 
for approval. The authority to approve the parameters to be monitored 
is retained by EPA and is not delegated to States.
    If you use a thermal or catalytic oxidizer, you would continuously 
monitor the appropriate temperature and record it at least every 15 
minutes. For thermal oxidizers, the temperature monitor is placed in 
the firebox or in the duct immediately downstream of the firebox before 
any substantial heat exchange occurs. The operating limit would be the 
average temperature measured during the performance test, and for each 
consecutive 3-hour period the average temperature would have to be at 
or above this limit. For catalytic oxidizers, temperature monitors are 
placed immediately before and after the catalyst bed. The operating 
limits would be the average temperature just before the catalyst bed 
and the average temperature difference across the catalyst bed during 
the performance test, and for each 3-hour period the average 
temperature and the average temperature difference would have to be at 
or above these limits. As an alternative method for catalytic 
oxidizers, 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).

[[Page 52787]]

    If you use a condenser, you would monitor the outlet gas 
temperature to ensure that the air stream is being cooled to a low 
enough temperature. The operating limit would be the average condenser 
outlet gas temperature measured during the performance test, and for 
each consecutive 3-hour period the average temperature would have to be 
at or below this limit.
    For each capture system that is not a permanent total enclosure, 
you would establish operating limits for gas volumetric flow rate or 
duct static pressure for each enclosure or capture device. The 
operating limit would be the average volumetric flow rate or duct 
static pressure during the performance test, to be met as a minimum. 
For each capture system that is a permanent total enclosure, the 
operating limit would require the average facial velocity of air 
through all natural draft openings to be at least 200 feet per minute 
or the pressure drop across the enclosure to be at least 0.007 inches 
water.
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.
    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.
Operations During Startup, Shutdown, or Malfunction
    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.

G. What Are the Continuous Compliance Provisions?

Emission Limits
    If you demonstrate compliance with the proposed emission limits 
based on the materials used, you would demonstrate continuous 
compliance if, for each compliance period, the ratio of organic HAP to 
coating solids is less than or equal to the emission limits. A 
compliance period consists of 12 months. Each month after the end of 
the initial compliance period is the end of a compliance period 
consisting of that month and the preceding 11 months. You would follow 
the same procedures for calculating the organic HAP to coating solids 
ratio that you used for the initial compliance period.
    For each coating operation on which you use a capture system and 
control device other than solvent recovery for which you conduct a 
liquid-liquid material balance, you would use the continuous parameter 
monitoring results for the compliance period in determining the mass of 
organic HAP emissions. If the monitoring results indicate no deviations 
from the operating limits and there were no bypasses of the control 
device, you would assume the capture system and control device are 
achieving the same percent emission reduction efficiency as they did 
during the most recent performance test in which compliance was 
demonstrated. You would then apply this percent reduction to the total 
mass of organic HAP in materials used in controlled coating operations 
to determine the compliance period emission rate from those operations. 
If there were any deviations from the operating limits during the 
compliance period or any bypasses of the control device, you would 
account for them in the calculation of the compliance period emission 
rate by assuming the capture system and control device were achieving 
zero emission reduction during the periods of deviation.
    For each coating operation on which you use a solvent recovery 
system and conduct a liquid-liquid material balance each compliance 
period, 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 compliance 
period 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 compliance period, calculate the 
overall control efficiency, and apply it to the total mass of organic 
HAP in the materials used to determine total organic HAP emissions.
Operating Limits
    If you use a capture system and control device, the proposed rule 
would require you to achieve on a continuous basis the operating limits 
you establish during the performance test. If the continuous monitoring 
shows that the capture system and control device are operating outside 
the range of values established during the performance test, you have 
deviated from the established operating limits.
    If you operate a capture system and control device that allow 
emissions to bypass the control device, you would have to demonstrate 
that HAP emissions from each emission point within the affected source 
are being routed to the control device by monitoring for potential 
bypass of the control device. You may choose from the following four 
monitoring procedures:
     Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device;
     Car-seal or lock-and-key valve closures to secure the 
bypass line valve in the closed position when the control device is 
operating;
     Valve closure continuous monitoring to ensure any bypass 
line valve or damper is closed when the control device is operating; or
     Automatic shutdown system to stop the coating operation 
when flow is diverted from the control device.
    If the bypass monitoring procedures indicate that emissions are not 
routed to the control device, you have deviated from the emission 
limits.
Work Practice Plan
    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.
Operations During Startup, Shutdown, and Malfunction
    If you use a capture system and control device for compliance, you 
would be required to develop and operate according to a SSMP during 
periods of startup, shutdown, and malfunction of the capture system and 
control device.

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

    You are required to comply with the applicable requirements in the 
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in 
the proposed rule. The General Provisions notification requirements 
include: Initial notifications, notification of performance test if you 
are complying using a capture system and control device, notification 
of compliance status, and additional notifications required for 
affected sources with continuous monitoring systems. The

[[Page 52788]]

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, no later than 1 year 
after the effective date for existing sources and no later than 120 
days after the date of initial startup for new and reconstructed 
sources, or 120 days after publication of the final rule, whichever is 
later. That report notifies us and your State agency that you have an 
existing facility that is subject to the proposed standards or that you 
have constructed a new facility. Thus, it allows you and the permitting 
authority to plan for compliance activities. You would also need to 
send a notification of planned construction or reconstruction of a 
source that would be subject to the proposed rule and apply for 
approval to construct or reconstruct.
Notification of Performance Test
    If you demonstrate compliance by using a capture system and control 
device for which you do not conduct a liquid-liquid material balance, 
you would conduct a performance test. The performance test would be 
required no later than the compliance date for an existing affected 
source, and no later than 180 days after startup or 180 days after 
publication of the final rule, whichever is later, for a new or 
reconstructed source. You must notify us (or the delegated State or 
local agency) at least 60 calendar days before the performance test is 
scheduled to begin and submit a report of the performance test results 
no later than 60 days after the test as indicated in the General 
Provisions for the NESHAP.
Notification of Compliance Status
    Your compliance procedures would depend on which compliance option 
you choose. For each compliance option, you would send us a 
Notification of Compliance Status within 30 days after the end of the 
initial compliance period. In the notification, you would certify 
whether the affected source has complied with the proposed standards, 
identify the option(s) you used to demonstrate initial compliance, 
summarize the data and calculations supporting the compliance 
demonstration, and describe how you will determine continuous 
compliance.
    If your facility is subject to the proposed standards and to NESHAP 
for another surface coating source category and you have chosen to 
comply with the more stringent of the standards for the entire 
facility, your notification would include a certification to that 
effect. You would also submit documentation that the resulting HAP 
emission levels are less than or equal to the level that would be 
achieved by complying with each applicable NESHAP.
    If you elect to comply by using a capture system and control device 
for which you conduct performance tests, you must provide the results 
of the tests. Your notification would also include the measured range 
of each monitored parameter and the operating limits established during 
the performance test, and information showing whether the source has 
complied with its operating limits during the initial compliance 
period.
Recordkeeping Requirements
    You would be required to keep records of reported information and 
all other information necessary to document compliance with the 
proposed rule for 5 years. As required under the General Provisions, 
records for the 2 most recent years must be kept on-site; the other 3 
years' records may be kept off-site. Records pertaining to the design 
and operation of the control and monitoring equipment must be kept for 
the life of the equipment.
    Depending on the compliance option that you choose, you may need to 
keep records of the following:
     Organic HAP content, volatile matter content, coating 
solids content, and quantity of the coatings, thinners, and cleaning 
materials used during each compliance period; and
     All documentation supporting initial notifications and 
notifications of compliance status.
    If you demonstrate compliance by using a capture system and control 
device, you would also need to keep records of the following:
     The occurrence and duration of each startup, shutdown, or 
malfunction of the emission capture system and control device;
     All maintenance performed on the capture system and 
control device;
     Actions taken during startup, shutdown, and malfunction 
that are different from the procedures specified in the affected 
source's SSMP;
     All information necessary to demonstrate conformance with 
the affected source's SSMP when the plan procedures are followed;
     All information necessary to demonstrate conformance with 
the affected source's plan for minimizing emissions from mixing, 
storage, and waste handling operations;
     Each period during which a CPMS is malfunctioning or 
inoperative (including out-of-control periods);
     All required measurements needed to demonstrate compliance 
with the standards; and
     All results of performance tests.
    The proposed rule would require you to collect and keep records 
according to certain minimum data requirements for the CPMS. Failure to 
collect and keep the specified minimum data would be a deviation that 
is separate from any emission limits, operating limits, or work 
practice standards.
    Deviations, as determined from these records, would need to be 
recorded and also reported. A deviation is any instance when any 
requirement or obligation established by the proposed rule, including 
but not limited to, the emission limits, operating limits, and work 
practice standards, is not met.
    If you use a capture system and control device to reduce HAP 
emissions, you would have to make your SSMP available for inspection if 
the Administrator requests to see it. It would stay in your records for 
the life of the affected source or until the source is no longer 
subject to the proposed standards. If you revise the plan, you would 
need to keep the previous superseded versions on record for 5 years 
following the revision.
Periodic Reports
    Each reporting year is divided into two semiannual reporting 
periods. If no deviations occur during a semiannual reporting period, 
you would submit a semiannual report stating that the affected source 
has been in continuous compliance. If deviations occur, you would 
include them in the report as follows:
     Report each deviation from the emission limitations that 
apply to you.
     If you are complying by using a thermal oxidizer, report 
all times when a consecutive 3-hour average temperature is below the 
operating limit.
     If you are complying by using a catalytic oxidizer, report 
all times when a consecutive 3-hour average temperature difference 
across the catalyst bed is below the operating limit and also report 
all times when a 3-hour average temperature before the catalyst bed is 
below the operating limit.
     If you are complying by using oxidizers, or solvent 
recovery systems where liquid-liquid material balances are not 
conducted, report all times when the value of the site-specific 
operating parameter used to monitor the capture system performance was 
less than the

[[Page 52789]]

operating limit established for the capture system.
     If you are complying by using a carbon adsorber for which 
you do not conduct liquid-liquid material balances, report all times 
when the steam or nitrogen flow is less than the operating limit and 
also report all times when the carbon bed temperature is more than the 
operating limit.
     If you are complying by using a condenser, report all 
times when a 3-hour average outlet temperature is higher than the 
operating limit.
     If your capture system contains bypass lines that could 
divert emissions from the control device to the atmosphere, report all 
times when emissions were not routed to the control device.
     Report other specific information on the periods of time 
the deviations occurred.
    You would also have to include an explanation in each semiannual 
report if a change occurs that might affect the compliance status of 
the affected source, or you change to another option for meeting the 
emission limit.
Other Reports
    You would be required to submit reports for periods of startup, 
shutdown, and malfunction of the capture system and control device. If 
the procedures you follow during any startup, shutdown, or malfunction 
are inconsistent with your plan, you would report those procedures with 
your semiannual reports in addition to immediate reports required by 
Sec. 63.10(d)(5)(ii) of the General Provisions. You must also 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).

III. Rationale for Selecting the Proposed Standards

A. How Did We Select the Source Category?

    The surface coating of miscellaneous metal parts and products is a 
source category that is on the list of source categories to be 
regulated because it contains major sources which emit or have the 
potential to emit at least 9.7 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 and existing major sources. 
Area sources are not being regulated under the proposed rule.
    The surface coating of miscellaneous metal parts and products as 
described in the listing includes any facility engaged in the surface 
coating of miscellaneous metal parts or products. We have used product 
lists contained in the SIC and NAICS code descriptions to describe 
examples of the vast array of miscellaneous metal parts and products.
    We intend the source category to include facilities for which the 
surface coating of miscellaneous metal parts and products is either 
their principal activity or an integral part of a production process 
that is the principal activity. Most coating operations are located at 
plant sites that are dedicated to these activities. However, some may 
be located at sites for which some other activity is principal. 
Collocated surface coating operations comparable to the types and sizes 
of the dedicated facilities, in terms of the coating operation and 
applicable emission control techniques, are included in the source 
category.
    The source category does not include research or laboratory 
facilities; janitorial, building, and facility maintenance operations; 
or hobby shops where surface coating is performed for noncommercial 
purposes.

B. How Did We Select the Regulated Pollutants?

Organic HAP
    Available emission data collected during the development of the 
proposed NESHAP show that the primary organic HAP emitted from the 
surface coating of miscellaneous metal parts and products include 
xylene, toluene, MEK, phenol, cresols/cresylic acid, 2-butoxyethanol, 
styrene, MIBK, ethyl benzene, and glycol ethers. These compounds 
account for approximately 90 percent of this category's nationwide 
organic HAP emissions. However, many other organic HAP are used, or can 
be used, in miscellaneous metal parts and products coatings, thinners, 
and cleaning materials. Therefore, the proposed rule would regulate 
emissions of all organic HAP.
Inorganic HAP
    Although most of the coatings used in this source category do not 
contain inorganic HAP, some special purpose coatings used by this 
source category do contain inorganic HAP such as chromium, cobalt, 
lead, and manganese. Emissions of these materials to the atmosphere are 
minimal because the facilities in this source category employ either 
water curtains or dry filters that remove overspray particles from the 
spray booth exhaust. At this time, it does not appear that emissions of 
inorganic HAP from this source category warrant Federal rulemaking.

C. How Did We Select the Affected Source?

    In selecting the affected source(s) for emission standards, our 
primary goal is to ensure that MACT is applied to HAP-emitting 
operations or activities within the source category being regulated. 
The affected source also serves to establish where new source MACT 
applies under a particular standard. Specifically, the General 
Provisions in subpart A of 40 CFR part 63 define the terms 
``construction'' and ``reconstruction'' with reference to the term 
``affected source'' (40 CFR 63.2) and provide that new source MACT 
applies when construction or reconstruction of an affected source 
occurs (40 CFR 63.5). The collection of equipment and activities 
evaluated in determining MACT (including the MACT floor) is used in 
defining the affected source.
    When an emission standard is based on a collection of emissions 
sources or total facility emissions, we select an affected source based 
on that same collection of emission sources or the total facility as 
well. This approach for defining the affected source broadly is 
particularly appropriate for industries where a plantwide emission 
standard provides the opportunity and incentive for owners and 
operators to utilize control strategies that are more cost effective 
than if separate standards were established for each emission point 
within a facility.

Selection of Affected Source

    The affected source for the proposed standards is broadly defined 
to include all operations associated with the coating of miscellaneous 
metal parts and products and the cleaning of product substrates or 
coating operation equipment. These operations include storage and 
mixing of coatings and other materials; surface preparation of the 
miscellaneous metal parts and products prior to coating application; 
coating application and flash-off, drying and curing of applied 
coatings; cleaning operations; and waste handling operations.
    In selecting the affected source, we considered, for each 
operation, the extent to which HAP-containing materials are used and 
the amount of HAP that are emitted. Cleaning and coating application, 
flash-off, and curing/drying operations account for the majority of HAP 
emissions at miscellaneous metal parts and products surface coating 
operations. These operations are included in the affected source.

[[Page 52790]]

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

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

    The sections below present the rationale for determining the MACT 
floor, regulatory alternatives beyond the floor, and selection of the 
proposed standards for existing and new affected sources.
    After we identify the specific source categories or subcategories 
of sources to regulate under section 112 of the CAA, we must develop 
emission standards for each category and subcategory. Section 112(d)(3) 
establishes a minimum baseline or ``floor'' for standards. For new 
sources in a category or subcategory, the standards cannot be less 
stringent than the emission control that is achieved in practice by the 
best-controlled similar source. The standards for existing sources can 
be less stringent than standards for new sources, but they cannot be 
less stringent than the average emission limitation achieved by the 
best-performing 12 percent of existing sources (or the best-performing 
five sources for categories or subcategories with fewer than 30 
sources).
    The miscellaneous metal parts and products surface coating source 
category includes facilities that coat metal parts and products which 
are not applicable to other specific surface coating MACT source 
categories. This source category comprises numerous diverse operations 
that apply surface coatings to metal parts and products including, but 
not limited to, railroad cars, medical equipment, electronic equipment, 
wheelbarrows, magnet wire, heavy duty trucks, hardware, power tools, 
pipes, structural steel, sporting goods, lawn mowers, bicycles, auto 
parts, musical instruments, steel drums, army tanks, and industrial 
machinery. In addition, a wide variety of coating technologies and 
application methods are employed across all these industry segments. 
Nationwide, there are thousands of facilities involved in coating of 
miscellaneous metal parts and products, with an estimated 1,500 or more 
being classified as major sources. Because of the diversity of the 
products coated and the coating technologies and application methods 
employed, identification of the top performing facilities in this 
category is inherently difficult, especially since the control 
techniques that make these facilities the top performers must be 
transferrable to other facilities in the category. Consequently, it has 
been necessary to employ innovation in developing a regulatory approach 
for this category that provides significant emission reductions while 
being achievable across the source category.
    There are no existing Federal or State regulations requiring 
control of HAP emissions from this category. Reasonably available 
control technology (RACT) requirements have been in place for reduction 
of volatile organic compound (VOC) emissions from this category since 
the late 1970's and may have resulted in some degree of coincidental 
reductions in HAP emissions. However, since the RACT requirements 
generally apply only to facilities located in ozone nonattainment 
areas, and many States have applicability thresholds for the RACT 
requirements, there are a great number of unregulated miscellaneous 
metal parts and products facilities remaining.
    To gather data to support the development of the proposed rule, we 
utilized written requests for information submitted to owners and 
operators of facilities within the source category. The results of a 
two-page screening survey sent to approximately 3,000 facilities were 
used to identify major and synthetic minor sources that perform coating 
operations on miscellaneous metal parts and products. This list was 
augmented with names of facilities provided by trade associations and 
resulted in a list of 312 corporate owners to which a subsequent, more 
detailed survey was distributed.
    The detailed survey resulted in responses from 639 major and 
synthetic minor sources. Of the facilities responding to the survey, 
only 332 submitted data of sufficient quality to perform some degree of 
analysis on coating material usage.
    We explored various approaches to determining the MACT floor and 
eventual regulatory strategy based on the data obtained from our data 
gathering efforts. From the outset, the various facilities were grouped 
into industry ``segments'' based on the type of products coated. This 
was done to identify trends among the segments and to indicate whether 
one or more segments were influencing the floor determination. It also 
enabled the stakeholders to more easily check the results for their 
respective industry segments and give us feedback on the apparent 
accuracy of the information reported.
    One approach considered in an effort to minimize the effect of the 
extreme diversity of the miscellaneous metal parts and products source 
category was to develop MACT floors using a ``coating category'' 
approach. In the coating category approach, the specific industry and 
the part or product coated had no bearing on the analysis. For this 
analysis, coatings would be grouped according to their type (primers, 
color coats, top coats, clear coats, adhesives, etc.) along with the 
thinners and additives specified for their use. They could be further 
categorized by resin type (acrylic, alkyd, epoxy, polyurethane, etc.). 
Then, the HAP content ``as applied'' (i.e., after thinning and mixing 
of additives) could be determined and the average of the best coatings 
in each category could represent the MACT floor for that coating 
category. This approach is similar to the coating category approaches 
used in the wood furniture manufacturing NESHAP (40 CFR part 63, 
subpart JJ) and the shipbuilding and ship repair NESHAP (40 CFR part 
63, subpart II). However, it is more complex than those since the 
miscellaneous metal parts and products category comprises a vast array 
of coatings and is further broken down by resin type.
    A serious drawback to the detailed coating category approach was 
that the analysis depended on high quality survey responses that would 
allow us to correlate coating type with resin type and HAP content for 
a multitude of combinations. Unfortunately, the survey

[[Page 52791]]

data did not provide the level of information required to enable us to 
perform a meaningful analysis of the coating categories.
    As an alternative to the detailed coating category approach, we 
attempted an analysis of each facility based on emissions reported from 
the various coating operations. In many cases, respondents reported HAP 
emissions for individual coating lines and other emission points as 
requested. In many others, however, such estimates were not provided. 
In those cases, we used available survey information on materials used 
to derive emission estimates for the various emission points at the 
facility. The combined reported and derived emission estimates were 
used in conjunction with material data reported to develop a 
facilitywide ratio of HAP emitted per volume of solids used. This ``one 
number'' approach accounted for all coating-related emissions 
(painting, mixing, thinning, cleaning, etc.) and eliminated the need to 
separately account for thinning and cleaning solvents, paint additives, 
etc.
    Although the ``one number'' approach is relatively simple, allows 
flexibility, and accounts for emissions from all operations within the 
boundaries of the coating operation, we questioned the appropriateness 
of using a combination of bases to estimate emissions. To check for 
potential problems, we examined the emissions and materials data 
reported for several facilities. In many cases, the emissions reported 
could not be reconciled with the HAP content of the materials used. In 
some cases, the emissions were reported to be greater than the total 
HAP content of all materials reported. To avoid basing the MACT floor 
and eventual rules on questionable, unreconcilable data, we decided to 
abandon the ``emissions'' approach and rely solely on the reported HAP 
content of materials to determine the overall ``one number'' ratio of 
pounds HAP to gallons (gal) solids.
    Using material formulation data reported in the survey, the 
volatile HAP content and the solids content were both summed across all 
materials, and a ratio of pounds (lb) HAP used per gal solids used was 
calculated for each facility. This number was modified to reflect any 
reductions from add-on controls or from waste materials collected and 
shipped offsite. Solvents recycled onsite were not subtracted, since 
they would be reused within the boundaries of the coating operation and 
would not affect the material balance. Recycled materials coming into 
the operation from offsite were counted the same as new materials 
purchased.
    Once the overall HAP-to-solids ratio was determined for each 
facility, the facilities were ranked in ascending order based on this 
ratio (i.e., ranked best performing to worst performing). The top 12 
percent of these facilities were identified and their average ratio 
represented the MACT floor for the entire source category. A similar 
procedure was performed on the facilities in 16 individual industry 
segments to determine the effect certain segments may have on the floor 
calculation and to qualitatively assess how individual segments may be 
affected by rules based on the floor. The floor calculation based on 
all facilities (i.e., no segmentation) yielded an average ratio of less 
than 0.1 lb HAP per gal of coating solids. The floor calculations for 
individual segments yielded averages ranging from zero lb HAP/gal 
solids (auto parts, structural steel) to very high averages of 13 lb 
HAP/gal solids (magnet wire) and 58 lb HAP/gal solids (rubber-to-metal 
products). This variation from segment to segment indicated that a 
single floor, with no subcategorization, would not be representative of 
all sources in the source category. A tentative decision was made to 
divide the source category into at least three subcategories (magnet 
wire, rubber-to-metal, and all other facilities grouped into a 
``general use'' subcategory) and possibly more depending on the level 
of homogeneity that could be achieved within each subcategory. In order 
for the MACT floor to be calculated based on similar sources within a 
subcategory, the makeup of the subcategory must be homogeneous in terms 
of processes, application methods, coating types, and applicable HAP 
control technologies. Too much diversity (with respect to products 
coated, coating performance requirements, etc.) within a subcategory 
could result in an inappropriate MACT floor since the top-performing 
facilities (and the specific products they coat) may not be 
representative of the subcategory. After careful review of the survey 
results from individual facilities and consultation with several 
stakeholder groups, we concluded that the diversity within the various 
industry segments of the general use subcategories remained extremely 
broad. We concluded that some other means of disaggregating the 
miscellaneous metal parts and products general use subcategory was 
needed.
    Because of this lack of homogeneity, we attempted to regroup the 
products coated within the general use subcategory into a different set 
of potential subcategories. For example, instead of ``automobile 
parts,'' ``large trucks and buses,'' ``recreational vehicles,'' ``heavy 
equipment,'' and ``rail transportation,'' the products within these 
industry segments were regrouped as ``vehicle finishing,'' ``vehicle 
body parts,'' ``vehicle mechanical parts,'' ``engines and engine 
parts,'' and ``electrical parts'' in order to group more homogeneous 
products and performance requirements within the subcategory. After 
further analysis of the data and discussions with stakeholders 
associated with these existing segments and potential subcategories, we 
concluded that the top performing facilities within the newly regrouped 
potential subcategories were still unrepresentative.
    We concluded at this point that the most frequently used approaches 
to determining a MACT floor for a source category were unlikely to be 
applicable to the miscellaneous metal parts and products general use 
subcategory. An innovative approach was needed to provide reasonable 
HAP emission reductions while maintaining a realistic expectation that 
the control measures imposed could, in fact, be achievable across this 
diverse collection of industries. Instead of determining the MACT floor 
directly from facility emissions or materials information, we decided 
to use a combination of State VOC limits and locations of specific 
miscellaneous metal parts and products facilities to establish the MACT 
floor using the VOC limits as a surrogate for HAP.
    The miscellaneous metal parts and products database contains 321 
facilities (332 facilities with usable materials information, minus the 
11 magnet wire and rubber-to-metal facilities) that are major sources 
or synthetic minor sources. Using information from the survey, we 
identified the State in which each facility is located. A review of 
existing State and local VOC requirements showed that the most 
stringent limits are those imposed by the various air quality 
management districts in California. For most coating types, this limit 
is 2.80 lb VOC per gal of coating (as applied), less water and exempt 
(non-VOC) solvents. The State of Louisiana imposes a VOC limit of 3.00 
lb VOC/gal coating as applied, less water and exempt solvents. The 
remainder of the States require the 3.50 lb VOC/gal coating limit 
presented in the Federal control techniques guidelines (CTG) document 
(Massachusetts and North Carolina express their limits as 6.70 lb VOC/
gal solids, which is equivalent to 3.50 lb VOC/gal coating, less water 
and exempt solvents). The limits discussed here

[[Page 52792]]

apply to most coating types (general use coatings). Certain specialty 
coatings are subject to different VOC limits under the California rules 
and will be addressed in later paragraphs.
    Knowing the State VOC limits and the locations of the miscellaneous 
metal parts and products facilities in the database, we were able to 
determine what the average State VOC limit would be for the top 12 
percent of the industry. From a total of 321 facilities, 39 facilities 
comprised the top 12 percent as follows: California--9 facilities @ 
2.80 lb VOC/gal; Louisiana--no facilities @ 3.00 lb VOC/gal; and other 
States--30 facilities @ 3.50 lb VOC/gal. Using these limits and the 
facilities subject to them, the average State limit for the top 12 
percent was calculated to be 3.30 lb VOC/gal coating, less water and 
exempt solvents, or 6.00 lb VOC/gal solids. Similarly, the best 
controlled similar sources would be those subject to the California 
limit of 2.80 lb VOC/gal coating, or 4.50 lb VOC/gal solids.
    In order to use the average VOC limit as a surrogate for HAP 
emissions, we developed a correction factor that relates VOC emissions 
to HAP emissions within the miscellaneous metal parts and products 
category. To develop this factor, we calculated the average HAP-to-VOC 
ratio for all material usage reported by the facilities in the 
miscellaneous metal parts and products database. By dividing the total 
amount of HAP reported by the total amount of VOC reported across the 
miscellaneous metal parts and products category (except for magnet wire 
and rubber-to-metal products), we determined that the average HAP-to-
VOC ratio of materials used is 43 percent.
    Using this approach, the MACT floor for existing sources was 
determined by multiplying the average of the top 12 percent (6.00 lb 
VOC/gal solids) by the correction factor (43 lb HAP/100 lb VOC). This 
results in an existing source MACT floor of 2.60 lb HAP/gal solids. A 
similar calculation using the California limit results in a new source 
MACT floor of 1.90 lb HAP/gal solids. As mentioned earlier, these floor 
determinations apply to most coatings (those now referred to as 
``general use'' coatings) used within the miscellaneous metal parts and 
products category. General use coatings are any coatings that do not 
meet the definitions of the specialty coating categories that are 
addressed in the following paragraphs.
    For most industries within the general use subcategory, the coating 
type used will be defined as ``general use coatings'' and will be 
represented by the MACT floor values described above. Certain specialty 
coatings that are used by some facilities within the general use 
subcategory have been identified as ``high performance coatings.'' 
These coatings are not used in any one industry exclusively, but may be 
used in varying amounts in many different industries. This coating type 
includes coatings used in severe conditions such as high temperatures 
or exposure to a variety of harsh chemicals. Certain architectural 
coatings are also included in this coating type. The proposed rule 
contains specific definitions that must be met for coatings to be 
considered high performance coatings. The new and existing source MACT 
floor for these types of coatings was developed from California's 6.20 
lbs VOC/gal of coating provisions for specialty coatings. This limit 
was used for both the new and existing source MACT floors because it is 
the most stringent limit found specifically for these coating types, 
and because it is currently applicable to facilities in California. The 
HAP-to-VOC ratio of these coatings, based on information received from 
industry, is on average about 70 percent. The MACT floor for these 
coatings is, therefore, 27.54 lbs HAP/gal coating solids (3.30 kg HAP/
liter coating solids).
    The rubber-to-metal products industry segment is considered as a 
separate subcategory because acceptable low HAP coatings have not been 
demonstrated for many applications within this industry. Because there 
are less than 30 facilities within this subcategory, the MACT floor was 
based on data from the five best performing facilities for which we 
have data. An analysis of the HAP data provided by the industry in the 
survey responses lead to the development of a new source floor of 6.80 
lbs HAP/gal coating solids (0.82 kg HAP/liter coating solids) and an 
existing source floor of 37.70 lbs HAP/gal coating solids (4.50 kg HAP/
liter coating solids).
    Magnet wire coating is also considered as a separate subcategory 
for which specific MACT floor values were determined. The magnet wire 
industry is unique within the source category because of the design of 
the curing ovens used in the industry. These ovens are designed to 
utilize volatile organics in the exhaust gas stream as a supplemental 
fuel. They typically operate at temperatures that achieve high volatile 
organic destruction efficiencies. Based on the HAP data provided by the 
best performing five of the seven facilities for which we have data 
(there are less than 30 facilities in the subcategory), the new source 
MACT floor is 0.44 lbs HAP/gal coating solids (0.05 kg HAP/liter 
coating solids). The MACT floor for existing facilities is 1.00 lb HAP/
gal coating solids (0.12 kg HAP/liter coating solids). These values 
include a factor of 0.27 lb HAP/gal coating solids (0.03 kg HAP/liter 
coating solids) to account for emissions from cleaning operations. This 
factor was necessary because the emissions from most cleaning 
operations that employ solvents containing HAP are not captured and 
controlled by the ovens.
    After the floors have been determined for new and existing sources 
in a source category or subcategory, we must set emission standards 
that are technically achievable and no less stringent than the floors. 
Such standards must then be met by all sources within the category or 
subcategory. We identify and consider any reasonable regulatory 
alternatives that are ``beyond-the-floor,'' taking into account 
emissions reductions, cost, non-air quality health and environmental 
impacts, and energy requirements. These alternatives may be different 
for new and existing sources because of different MACT floors, and 
separate standards may be established for new and existing sources.
    We identified three regulatory alternatives more stringent than the 
MACT floor level of control for organic HAP. These alternatives are the 
use of powder coatings as an alternative to HAP-containing liquid 
coatings; the use of liquid coatings that have a very low, or no, 
organic HAP content as an alternative to higher HAP content liquid 
coatings; and use of add-on capture systems and control devices.
    Information indicates that several miscellaneous metal parts and 
products surface coating facilities have converted to using only powder 
coatings. Such facilities typically produce a single type of product 
(such as lawn and garden equipment), do not require unusual finishes, 
and use a small number of colors. Many miscellaneous metal parts and 
products surface coating facilities, however, manufacture more than one 
product and often use a wide array of colors. Although powder coatings 
may be somewhat more durable than conventional liquid coatings, 
specialty finishes such as antique and crackle, as well as the palette 
of designer colors offered by some manufacturers, may not be adequately 
duplicated by powder coatings. Consequently, while powder coating is a 
proven technology that can be used in many situations, it is not 
universally applicable in the miscellaneous metal parts and products 
industry and was, therefore, rejected as a beyond-the-floor option for 
existing or new sources.
    Lower organic HAP liquid coatings fall into two primary categories. 
The

[[Page 52793]]

most common category is coatings formulated with solvents that are not 
organic HAP (but may be VOC). The second category is those coatings 
that result from alternate technologies such as ultraviolet (UV)-
curable coatings and electron beam (EB)-curable coatings. These 
coatings do not employ organic HAP or VOC to keep the pigment and other 
components of the coating in solution until curing. Therefore, organic 
HAP emissions are very small.
    These lower organic HAP coatings are currently in production use in 
some industries, but their applicability in many other industries is 
limited. Given the limited applicability of UV-curable and EB-curable 
coatings, we do not believe it is feasible to require the use of these 
coatings and rejected them as a beyond-the-floor option for existing or 
new sources.
    It is technically feasible to reduce emissions from affected 
sources by at least 95 percent through the use of capture systems and 
add-on control devices. However, the estimated cost of a permanent 
total enclosure and a control device, such as an oxidizer, for 
facilities in this source category could be as much as $1 million.
    Without having information on the benefits that would be achieved 
by further reducing emissions beyond-the-floor, we determined that the 
additional emissions reductions that could be achieved do not warrant 
the costs that each existing and new source could incur by using add-on 
controls. Therefore, we are not requiring beyond-the-floor levels of 
emissions 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 miscellaneous 
metal parts and products surface coating source category. At that time, 
we will determine whether the additional costs are warranted, in light 
of the available risk information.
    For existing sources, we based the proposed standards on the 
existing source MACT floor. As described earlier, we determined that 
beyond-the-floor options were either not technically feasible or 
economically justified for all existing sources. For the same reasons, 
we based the proposed standards for new sources on the new source MACT 
floor.
    The MACT levels of control for new and existing sources can be 
achieved in several different ways. Many sources would be able to use 
lower-HAP coatings, although they may not be available to meet the 
needs of every source. If a source is also using cleaning materials 
that contain organic HAP, then it may be able to switch to lower-HAP or 
non-HAP cleaning materials, which are widely available, to reduce the 
sourcewide organic HAP emissions rate to the MACT level. Other 
available options are the use of powder coatings or capture systems and 
add-on control devices to reduce emissions.
    We note here that our assumption that 100 percent of the organic 
HAP in the materials used are emitted by the affected source would not 
apply when the source sends waste organic HAP-containing materials to a 
facility for treatment or disposal. We made that assumption because the 
industry survey responses provided little information as to the amount 
of organic HAP recovered and recycled or treated and disposed. We, 
therefore, concluded that this practice may not be common within the 
industry. We recognize, however, that some 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.
    Because it is expected that some facilities in the general use 
subcategory may use both general use and high performance coating 
types, an equation was developed in the proposed NESHAP that allows a 
facility-specific emission limit to be calculated based on the relative 
amounts of each of the coating types used. The emission limit for each 
facility is a weighted average calculated using the MACT limit and the 
percentage of solids for each coating type. For example, if an existing 
facility applies 10,000 gal of solids of general use coatings and 5,000 
gal of solids of high performance coatings, the facility's emission 
limit would be calculated as follows:

Limit =
[GRAPHIC] [TIFF OMITTED] TP13AU02.000

For facilities that use only general use or only high performance 
coatings, the MACT floor emission limit for the entire affected 
facility is the value specified for that coating type.

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

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

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

    The proposed standards would allow you to choose among several 
methods to demonstrate compliance with the

[[Page 52794]]

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

G. How Did We Select the Continuous Compliance Requirements?

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

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

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

I. How Did We Select the Compliance Date?

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

IV. Summary of Environmental, Energy, and Economic Impacts

    Model plants were developed to aid in the estimation of the impacts 
the proposed standards would have on miscellaneous metal parts and 
products surface coating operations. Five model plants distinguished by 
size, as

[[Page 52795]]

measured by the total volume of coating solids used, were developed. 
Impacts were then developed for each model plant, and these individual 
impacts were scaled to nationwide levels based on the number of 
facilities corresponding to each model plant size. We used the model 
plant approach because we did not have adequate data to estimate 
impacts for each actual facility.
    A variety of compliance methods are available to the industry to 
meet the proposed emission limits. We analyzed the information obtained 
from the industry survey responses, industry site visits, trade groups, 
and industry representatives to determine which compliance methods 
would most likely be used by existing and new sources. We expect that 
the most widely-used method for existing sources would be low-HAP 
content liquid coatings (coatings with HAP contents at or below the 
emission limits). Powder coatings, no-HAP cleaning materials, and add-
on capture and control systems would likely be used by existing 
sources, but to a lesser extent. Various combinations of these methods 
may be used. New sources are expected to use a combination of powder 
coatings, low-HAP coatings, and no-HAP cleaning materials.
    For the purpose of assessing impacts, we assumed that all existing 
sources would convert to liquid coatings and thinners with lower-HAP 
content than presently used and no-HAP cleaning materials. We assumed 
that new sources would use either powder coatings or lower-HAP coatings 
and no-HAP cleaning materials.
    We first estimated the impacts of the proposed emission limits on 
the five model plants. To scale up the model plant impacts to 
nationwide levels, we multiplied the individual model plant impacts by 
the estimated number of major sources in the United States 
corresponding to each plant size. We estimated that there are 1,500 
existing major source facilities nationwide, and that an additional 45 
new facilities would become affected sources each year.

A. What Are the Air Impacts?

    For existing major sources, we estimated that compliance with the 
proposed emission limits would result in reductions of nationwide 
organic HAP emissions of 25,822 tpy. This represents a reduction of 
about 48 percent from the baseline organic HAP emissions of 53,869 tpy.
    For the purpose of estimating the impacts of the proposed standards 
on new sources, we estimated the percentage of new facilities that 
would, in the absence of the standards, emit HAP at levels that would 
exceed the proposed standards. For new sources, we believe that many 
will use coating technologies that are considered to be ``state-of-the-
art'' coatings (e.g., powder coatings and low-HAP liquid coatings). 
However, we assumed for the impacts estimation that the same percentage 
of both new and existing facilities would be noncomplying at baseline 
conditions. The baseline emission rate for these noncomplying 
facilities was assumed to be the same as that determined for the 
existing source model plants. Using these assumptions, we have 
estimated the nationwide HAP reductions resulting from new facilities 
complying with the proposed standards would be about 803 tpy from the 
45 new sources that would become subject to the rule each year.

B. What Are the Cost Impacts?

    We have estimated the costs related to complying with the emission 
limitations and meeting the monitoring, recordkeeping, and reporting 
requirements. The costs to comply with the emission limitations include 
the increased cost of reformulated low-HAP coating materials, as well 
as any capital expenditures that would be required to facilitate the 
use of these materials. Alternatively, facilities could choose to 
purchase, install, and operate capture systems and add-on control 
devices. We have assumed for this analysis that all affected facilities 
will comply through the use of reformulated coatings, thinners, and 
cleaning materials, and that these materials can be utilized without 
the need for capital expenditures. Annual costs for meeting the 
monitoring, recordkeeping, and reporting requirements of the proposed 
rule have also been included.
Existing Sources
    To comply with the proposed standards, existing facilities will 
likely use reformulated coatings, thinners, and cleaning materials. 
Compliance costs were estimated to be the incremental cost difference 
between the materials currently used and the complying materials. 
Estimates of cost impacts were based on five model plants that were 
developed to represent the range of sizes and coating materials found 
throughout the industry. Each model plant was assumed to comply with 
the proposed standards by switching to non-HAP adhesives, surface 
preparation materials and cleaning materials and reducing the HAP 
content of the coatings and thinners. The annual incremental cost of 
the reformulated raw materials ranged from approximately $2,635 for 
model plant 1, representing the segment of industry with the lowest 
coating solids usage, to $114,540 for model plant 5, representing the 
segment of industry that uses over 75,000 gal of coating solids. The 
nationwide cost impact was estimated for each industry segment by 
multiplying the annual costs for each model plant by the number of 
facilities represented by that model plant. A total nationwide cost 
impact associated with material usage was estimated by summing the 
nationwide costs for each of the five industry segments. In addition, 
we included estimates for monitoring, recordkeeping, and reporting 
costs for all 1,500 existing affected sources.
    We estimate total nationwide annual costs in the fifth year to 
comply with the proposed emission limits to be $47.5 million for 
existing sources. These costs include approximately $8.9 million for 
direct costs associated with material usage and $38.6 million for 
recordkeeping and reporting.
New Sources
    We estimate the number of new major sources to be 45 per year, 
based on an average growth rate of 3 percent per year. Applying the 
same assumptions for estimating costs that were used for existing 
sources results in an estimate of the fifth year costs for new sources 
of about $9.8 million. Of this total, $3.6 million represents the 
incremental costs of low-HAP materials, and $6.2 million represents the 
costs for recordkeeping and reporting.

C. What Are The Economic Impacts?

    We performed an economic impact analysis (EIA) to provide an 
estimate of the impacts on facilities, firms, and markets within this 
source category. Given the wide diversity of products that will be 
affected by the proposed standards, EPA relied upon estimated 
compliance costs and publicly available financial data on affected 
firms to determine these impacts. In general, we expect the economic 
impacts of the proposed standards to be minimal, with little or no 
change in market prices or production. Therefore, no adverse impact 
will occur for those industries that consume coated metal parts such as 
building and construction, transportation equipment and vehicle parts, 
and other industrial and consumer products.
    Based on the industry survey responses, EPA was able to identify 
176 companies that owned 321 potentially affected facilities within 
this source category. Of this total, we obtained sales

[[Page 52796]]

data for 147 companies and net income data for 76 companies. For those 
companies with sales data, the EIA indicates that these regulatory 
costs average less than 0.1 percent of company sales with a range from 
zero to 1.25 percent. For those companies with net income data, these 
regulatory costs average 0.2 percent of company net income with a range 
from zero to 3.6 percent. This analysis indicates that the cost of the 
proposed standards should not cause producers to cease or significantly 
alter their current operations. Hence, no firms or facilities are 
expected to be at risk of closure because of the proposed standards. 
For more information, consult the docket for this project.

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

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

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

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

B. Executive Order 13132, Federalism

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

[[Page 52797]]

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 subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.

F. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under Section 202 of the UMRA, 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 by the private sector, of $100 million or more in any 1 
year. Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of Section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
Section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
Section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that the proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
to 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 for any 1 year has been estimated to be about $57.5 
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 the 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 an agency 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 purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business 
according to Small Business Administration (SBA) size standards ranging 
from 100-1,000 employees or less than $5 million in annual sales; (2) a 
small governmental jurisdiction that is a government of a city, town, 
county, school district, or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field. It should be noted that companies affected by 
this proposed rule, and the small business definition applied to each 
industry by NAICS code is that listed in the Small Business 
Administration size standards (13 CFR part 121).
    For purposes of assessing the impacts of today's proposed rule on 
small entities, EPA conducted an assessment of the proposed standards 
on small businesses within the miscellaneous metal parts source 
category. Based on SBA size definitions and reported sales and 
employment data, EPA's survey identified 29 of the 147 companies owning 
major source facilities as small businesses. The average (median) total 
annual compliance cost is projected to be $59,000 ($36,000) per small 
company. Under the proposed standards, the average (median) annual 
compliance cost share of sales for small businesses was only 0.25 
(0.04) percent with a range of zero to 1.25 percent. After considering 
the economic impact of today's proposed rule on small entities, EPA 
certifies that this action will not have a significant economic impact 
on a substantial number of small entities.
    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. We 
solicited input from small entities during the data-gathering phase of 
the proposed rulemaking. We are proposing compliance options which give 
small entities flexibility in choosing the most cost-effective and 
least burdensome alternative for their operation. For example, a 
facility could purchase and use low-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 owner 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,

[[Page 52798]]

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 the docket for 
this rulemaking.

H. Paperwork Reduction Act

    The information collection requirements in the proposed rule has 
been 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. 2056.01) and a copy may be 
obtained from Sandy Farmer by mail at the Collection Strategies 
Division (2822), U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460, by e-mail at [email protected], or by calling (202) 260-
2740. A copy may also be downloaded off the Internet at http://www.epa.gov/icr.
    The information collection requirements are not effective until OMB 
approves them. The information collection requirements are based on 
notification, recordkeeping, and reporting requirements in the NESHAP 
General Provisions (40 CFR part 63, subpart A), which are mandatory for 
all operators subject to national emission standards. These 
recordkeeping and reporting requirements are specifically authorized by 
section 114 of the CAA (42 U.S.C. 7414). All information submitted to 
EPA pursuant to the recordkeeping and reporting requirements for which 
a claim of confidentiality is made is safeguarded according to Agency 
policies set forth in 40 CFR part 2, subpart B.
    The proposed standards would require maintaining records of all 
coatings, thinners, and cleaning materials data and calculations used 
to determine compliance. This information includes the volume used 
during each 12-month 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 must be kept of the 
capture efficiency of the capture system, destruction or removal 
efficiency of the add-on control device, and the monitored operating 
parameters. In addition, records must be kept of each calculation of 
the affected sourcewide emissions for each 12-month compliance period 
and all data, calculations, test results, and other supporting 
information used to determine this value.
    The monitoring, recordkeeping, and reporting burden in the 5th year 
after the effective date of the promulgated rule is estimated to be 
824,343 labor hours at a cost of $44.76 million for new and existing 
sources.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
    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 (2822), U.S. 
EPA, 1200 Pennsylvania Ave., NW, Washington, DC 20460; or by courier, 
send comments on the ICR to the Director, Collection Strategies 
Division, U.S. EPA (2822), 401 M Street, SW, Room 925H, West Tower, 
Washington, DC 20460; and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, 725 17th St., NW, Washington, 
DC 20503, marked ``Attention: Desk Officer for EPA.'' Include the ICR 
number in any correspondence. Since OMB is required to make a decision 
concerning the ICR between 30 and 60 days after August 13, 2002, a 
comment to OMB is best assured of having its full effect if OMB 
receives it by September 12, 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), Pub. L. No. 104-113, Sec. 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory and procurement activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. The VCS are 
technical standards (e.g., material specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through OMB, explanations when EPA does not use available and 
applicable VCS.
    The proposed rule involves technical standards. The EPA proposes 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 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 D1475-98, ASTM D2369-98, ASTM D3792-99, 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 D1475-98 for measuring the 
density of individual coating components, such as organic solvents.
    Five VCS: ASTM D1979-97, 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 the 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

[[Page 52799]]

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-97-34 for further information on the methods.)
    Three of the 14 VCS identified in this search were not available at 
the time the review was conducted for the purposes of the proposed rule 
because they are under development by a voluntary consensus body: ASME/
BSR MFC 13M, ``Flow Measurement by Velocity Traverse,'' for EPA Method 
2 (and possibly 1); ASME/BSR MFC 12M, ``Flow in Closed Conduits Using 
Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2; and 
ISO/DIS 12039, ``Stationary Source Emissions--Determination of Carbon 
Monoxide, Carbon Dioxide, and Oxygen--Automated Methods,'' for EPA 
Method 3A. While we are not including these three VCS in today's 
proposal, EPA will consider the standards when final.
    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 63.3941, 63.3965, 63.3966, and Table 2 to subpart MMMM of 
the proposed standards list EPA testing methods included in the 
proposed rule. Under the NESHAP General Provisions, 40 CFR 63.8, 
subpart A, a source may apply to EPA for permission to use alternative 
monitoring in place of any EPA testing methods.

List of Subjects in 40 CFR Part 63

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

    Dated: June 5, 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 MMMM to read as follows:
Subpart MMMM--National Emission Standards for Hazardous Air Pollutants: 
Surface Coating of Miscellaneous Metal Parts and Products

What this Subpart Covers

Sec.
63.3880  What is the purpose of this subpart?
63.3881  Am I subject to this subpart?
63.3882  What parts of my plant does this subpart cover?
63.3883  When do I have to comply with this subpart?

Emission Limitations

63.3890  What emission limits must I meet?
63.3891  What are my options for meeting the emission limits?
63.3892  What operating limits must I meet?
63.3893  What work practice standards must I meet?

General Compliance Requirements

63.3900  What are my general requirements for complying with this 
subpart?
63.3901  What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.3910  What notifications must I submit?
63.3920  What reports must I submit?
63.3930  What records must I keep?
63.3931  In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.3940  By what date must I conduct the initial compliance 
demonstration?
63.3941  How do I demonstrate initial compliance with the emission 
limitations?
63.3942  How do I demonstrate continuous compliance with the 
emission limitations?

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

63.3950  By what date must I conduct the initial compliance 
demonstration?
63.3951  How do I demonstrate initial compliance with the emission 
limitations?
63.3952  How do I demonstrate continuous compliance with the 
emission limitations?

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

63.3960  By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.3961  How do I demonstrate initial compliance?
63.3962  [Reserved]
63.3963  How do I demonstrate continuous compliance with the 
emission limitations?
63.3964  What are the general requirements for performance tests?
63.3965  How do I determine the emission capture system efficiency?
63.3966  How do I determine the add-on control device emission 
destruction or removal efficiency?
63.3967  How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.3968  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.3980  Who implements and enforces this subpart?
63.3981  What definitions apply to this subpart?
Table 1 to Subpart MMMM of Part 63.Operating Limits if Using the 
Emission Rate with Add-on Controls Option
Table 2 to Subpart MMMM of Part 63. Applicability of General 
Provisions to Subpart MMMM
Table 3 to Subpart MMMM of Part 63. Default Organic HAP Mass 
Fraction for Solvents and Solvent Blends
Table 4 to Subpart MMMM of Part 63. Default Organic HAP Mass 
Fraction for Petroleum Solvent Groups

What This Subpart Covers


Sec. 63.3880  What is the purpose of this subpart?

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


Sec. 63.3881  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 the surface coating of 
miscellaneous metal parts and products, and it includes the 
subcategories listed in paragraphs (a)(1) through (3) of this section. 
Surface coating is the application of coatings to a substrate using, 
for example, spray guns or dip tanks. Miscellaneous metal parts and 
products include, but are not limited to, metal components of the 
following types of products: automotive parts and accessories, bicycles 
and sporting goods, recreational vehicles, extruded aluminum structural 
components, railroad cars, heavy duty trucks, medical equipment, lawn 
and garden equipment, electronic equipment, magnet wire, steel drums, 
industrial machinery, and numerous

[[Page 52800]]

other industrial and consumer products. The source category also 
includes the surface coating of the plastic contained in parts and 
products that are pre-assembled from plastic and metal components, 
where greater than 50 percent of the coatings (by volume, determined on 
a rolling 12-month basis) are applied to the metal surface, and where 
the surface coating of the metal surface is subject to this subpart. If 
your source is subject to this subpart and you can demonstrate that 
more than 50 percent of your coatings are applied to metal surfaces, 
then compliance with this subpart constitutes compliance with the 
NESHAP for plastic parts and products surface coating.\1\ You must 
maintain records (such as coating usage or surface area) to document 
that more than 50 percent of the coatings are applied to metal 
surfaces.
---------------------------------------------------------------------------

    \1\ Currently under development.
---------------------------------------------------------------------------

    (1) The general use subcategory includes all surface coating 
operations in the miscellaneous metal parts and products source 
category that are not included in the magnet, wire, or rubber to metal 
subcategories.
    (2) The magnet wire subcategory includes surface coating operations 
that are performed using coatings that meet the definition of magnet 
wire coatings in Sec. 63.3981.
    (3) The rubber to metal subcategory includes surface coating 
operations that are performed using coatings that meet the definition 
of rubber to metal coatings in Sec. 63.3981.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec. 63.3882, 
that uses 946 liters (250 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 that meets the 
criteria of paragraphs (c)(1) through (5) of this section.
    (1) Surface coating conducted at a source that uses only coatings, 
thinners, and cleaning materials that contain no organic HAP, as 
determined according to Sec. 63.3941(a).
    (2) Surface coating subject to any other NESHAP in this part as of 
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
    (3) Surface coating that occurs at research or laboratory 
facilities, that is part of janitorial, building, and facility 
maintenance operations, or that occurs at hobby shops operated for 
noncommercial purposes.
    (4) For the purpose of this subpart, the extrusion of a plastic 
covering onto metal wire or cable is not considered to be a surface 
coating operation.
    (5) The provisions of this subpart do not apply to coatings used in 
volumes of less than 189 liters (50 gallons) per year, provided that 
the total volume of coatings exempt under this paragraph (c)(5) does 
not exceed 946 liters (250 gallons) per year at the facility.
    (d) If you own or operate an affected source that is subject to 
this subpart and at the same affected source you also perform surface 
coating subject to any other NESHAP in this part, you may choose to be 
subject to the requirements of the more stringent of the subparts for 
the entire surface coating facility. If you choose to be subject to the 
requirements of another subpart and demonstrate that, by doing so, your 
facilitywide HAP emissions in kilograms (kg) per year (tons per year 
(tpy)) from surface coating operations will be less than or equal to 
the emissions achieved by complying separately with all applicable 
subparts, compliance with the more stringent NESHAP will constitute 
compliance with this subpart.


Sec. 63.3882  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source within each of the three subcategories listed in 
Sec. 63.3881(a).
    (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 miscellaneous metal parts and products within 
each subcategory.
    (1) All coating operations as defined in Sec. 63.3981;
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a 
coating operation.
    (c) An affected source is a new affected source if you commenced 
its construction after August 13, 2002, and the construction is of a 
completely new miscellaneous metal parts and products surface coating 
facility where previously no miscellaneous metal parts and 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. 63.3883  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. 63.3940, 63.3950, and 63.3960.
    (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.

[[Page 52801]]

    (d) You must meet the notification requirements in Sec. 63.3910 
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. 63.3890  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere from the affected source to the 
applicable limit specified in paragraphs (a)(1) through (4) of this 
section, determined according to the requirements in Sec. 63.3941, 
Sec. 63.3951, or Sec. 63.3961.
    (1) For a new or reconstructed general use affected source, you 
must limit organic HAP emissions to the atmosphere from the affected 
source to the HAP limit specified by Equation 1 of this section during 
each 12-month compliance period.
[GRAPHIC] [TIFF OMITTED] TP13AU02.001

Where:

HAP limit = total allowable organic HAP that can be emitted to the 
atmosphere from the miscellaneous metal parts and products surface 
coating operations, in kg organic HAP per liter of coating solids used 
during the 12-month compliance period.
0.23 = HAP emission limit for general use coatings, kg HAP/liter 
coating solids (1.94 pounds (lbs) HAP/gal coating solids).
GU = volume of general use coating solids used during the 12-month 
compliance period, liters.
3.30 = HAP emission limit for high performance coatings, kg HAP/liter 
coating solids (27.54 lbs HAP/gal coating solids).
HP = volume of high performance coating solids used during the 12-month 
compliance period, liters.

    (2) If you use only one of the coating types (general use or high 
performance), then you must limit organic HAP emissions to the 
atmosphere to no more than the HAP emission limit specified for that 
coating type in the definition of terms used in Equation 1 of this 
section.
    (3) For each new or reconstructed magnet wire affected source, 
limit organic HAP emissions to no more than 0.05 kg HAP/liter coating 
solids (0.44 pound (lb) HAP/gallon (gal) coating solids) used during 
each 12-month compliance period.
    (4) For each new or reconstructed rubber to metal affected source, 
limit organic HAP emissions to no more than 0.82 kg HAP/liter coating 
solids (6.80 lb HAP/gal coating solids) used during each 12-month 
compliance period.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere from the affected source to the applicable 
limit specified in paragraphs (b)(1) through (4) of this section, 
determined according to the requirements in Sec. 63.3941, Sec. 63.3951, 
or Sec. 63.3961.
    (1) For each existing general use affected source, you must limit 
organic HAP emissions to the atmosphere from the affected source to the 
HAP limit specified by Equation 2 of this section during each 12-month 
compliance period.
[GRAPHIC] [TIFF OMITTED] TP13AU02.002

Where:
HAP limit = total allowable organic HAP that can be emitted to the 
atmosphere from the miscellaneous metal parts and products surface 
coating operations, in kg organic HAP per liter of coating solids used 
during the 12-month compliance period.
0.31 = HAP emission limit for general use coatings, kg HAP/liter 
coating solids (2.60 lbs HAP/gal coating solids).
GU = volume of general use coating solids used during the 12-month 
compliance period, liters.
3.30 = HAP emission limit for high performance coatings, kg HAP/liter 
coating solids (27.54 lbs HAP/gal coating solids).
HP = volume of high performance coating solids used during the 12-month 
compliance period, liters.

    (2) If you use only one of the coating types, then you must limit 
organic HAP emissions to the atmosphere to no more than the HAP 
emission limit specified for that coating type in the definition of 
terms used in Equation 2 of this section.
    (3) For each existing magnet wire affected source, limit organic 
HAP emissions to no more than 0.12 kg HAP/liter coating solids (1.00 lb 
HAP/gal coating solids) used during each 12-month compliance period.
    (4) For each existing rubber to metal affected source, limit 
organic HAP emissions to no more than 4.50 kg HAP/liter coating solids 
(37.70 lbs HAP/gal coating solids) used during each 12-month compliance 
period.


Sec. 63.3891  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. 63.3890. 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. 63.3930(c), and you must report it in the next semiannual 
compliance report required in Sec. 63.3920.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than 
or equal to the applicable emission limit in Sec. 63.3890, and that 
each thinner and each cleaning material used contains no organic HAP. 
You must meet all the

[[Page 52802]]

requirements of Secs. 63.3940, 63.3941, and 63.3942 to demonstrate 
compliance with the applicable emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation(s), the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit in 
Sec. 63.3890, calculated as a rolling 12-month emission rate and 
determined on a monthly basis. You must meet all the requirements of 
Secs. 63.3950, 63.3951, and 63.3952 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 emissions 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 in Sec. 63.3890, calculated as a rolling 12-month 
emission rate and determined on a monthly basis. If you choose to use 
this 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. 63.3892, except for solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to Sec. 63.3961(j); and that you meet the work practice 
standards required in Sec. 63.3893. You must meet all the requirements 
of Secs. 63.3960 through 63.3968 to demonstrate compliance with the 
emission limits, operating limits, and work practice standards using 
this option.


Sec. 63.3892  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec. 63.3961(j), you must meet the operating 
limits specified in Table 1 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. 63.3967. You must meet the operating limits at all 
times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 1 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. 63.3893  What work practice standards must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any work practice standards.
    (b) If you use the emission rate with add-on controls option, you 
must develop and implement a work practice plan to minimize organic HAP 
emissions from the storage, mixing, and conveying of coatings, 
thinners, and cleaning materials used in, and waste materials generated 
by, the controlled coating operation(s) for which you use this option; 
or you must meet an alternative standard as provided in paragraph (c) 
of this section. The plan must specify practices and procedures to 
ensure that, at a minimum, the elements specified in paragraphs (b)(1) 
through (5) of this section are implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (4) Mixing vessels which contain organic-HAP-containing coatings 
and other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec. 63.6(g), we, the U.S. Environmental 
Protection Agency (EPA), may choose to grant you permission to use an 
alternative to the work practice standards in this section.

General Compliance Requirements


Sec. 63.3900  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. 63.3891(a) and (b), must be in compliance with the 
applicable emission limit in Sec. 63.3890 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec. 63.3891(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. 63.3890 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. 63.3892 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. 63.3961(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec. 63.3893 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. 63.3883 and 
the date when the initial emission capture system and add-on control 
device performance tests have been completed, as specified in 
Sec. 63.3960. This requirement does not apply to a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec. 63.3961(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

[[Page 52803]]

capture efficiency if the process equipment malfunctions, such as 
conveyors that move parts among enclosures.


Sec. 63.3901  What parts of the General Provisions apply to me?

    Table 2 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. 63.3910  What notifications must I submit?

    (a) General. You must submit the notifications in Secs. 63.7(b) and 
(c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by 
the dates specified in those sections, except as provided in paragraphs 
(b) and (c) of this section.
    (b) Initial notification. You must submit the Initial Notification 
required by Sec. 63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup or 120 days after [DATE OF 
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later. 
For an existing affected source, you must submit the Initial 
Notification no later than 1 year after [DATE OF PUBLICATION OF FINAL 
RULE IN THE FEDERAL REGISTER].
    (c) Notification of compliance status. You must submit the 
Notification of Compliance Status required by Sec. 63.9(h) no later 
than 30 calendar days following the end of the initial compliance 
period described in Sec. 63.3940, Sec. 63.3950, or Sec. 63.3960 that 
applies to your affected source. The Notification of Compliance Status 
must contain the information specified in paragraphs (c)(1) through 
(10) 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. 63.3940, Sec. 63.3950, or Sec. 63.3960 that applies 
to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec. 63.3891 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description of and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in 
Sec. 63.3890, include all the calculations you used to determine the kg 
(lbs) organic HAP emitted per liter (gal) 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. 63.3941(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. 63.3951.
    (8) The calculation of kg (lb) organic HAP emitted per liter (gal) 
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. 63.3941.
    (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. 63.3951.
    (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. 63.3951; the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec. 63.3951; 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. 63.3961 and 
Equations 2, 3, and 3A through 3C of Sec. 63.3961 as applicable; the 
calculation of the total mass of organic HAP emissions each month, 
using Equation 4 of Sec. 63.3961; and the calculation of the 12-month 
organic HAP emission rate, using Equation 5 of Sec. 63.3961.
    (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. 63.3961(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you 
use the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show 
you meet the DQO or LCL criteria in appendix A to subpart KK of this 
part. You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented 
the work practice plan required by Sec. 63.3893.
    (10) If you have chosen to comply with this subpart by being 
subject to the requirements of another subpart, your Notification of 
Compliance Status report for this subpart must include a statement 
certifying your intent, as well as documentation (and supporting 
materials) that doing so will result in an overall HAP emission level 
in kg per year (tpy) equal to or less than the emission level that 
would result from complying separately with each applicable subpart.


Sec. 63.3920  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual

[[Page 52804]]

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. 63.3940, Sec. 63.3950, or 
Sec. 63.3960 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 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. 63.3891 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. 63.3891(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. 63.3890, 63.3892, and 63.3893 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 limits in Sec. 63.3890, the semiannual compliance 
report must contain the information in paragraphs (a)(5)(i) through 
(iv) of this section.
    (i) Identification of each coating used that deviated from the 
emission limit, and of each thinner and cleaning material used that 
contained organic HAP, and the dates and time periods each was used.
    (ii) The calculation of the organic HAP content, using Equation 1 
of Sec. 63.3941 for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation, for example, information provided by coating suppliers or 
manufacturers, or test reports.
    (iii) The determination of mass fraction of organic HAP for each 
coating, thinner, and cleaning material identified in paragraph 
(a)(5)(i) of this section. You do not need to submit background data 
supporting this calculation, for example, information provided by 
material suppliers or manufacturers, or test reports.
    (iv) A statement of the cause of each deviation.
    (6) Deviations: emission rate without add-on controls option. If 
you used the emission rate without add-on controls option and there was 
a deviation from the applicable emission limit in Sec. 63.3890, 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. 63.3890.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation 
occurred. You must submit the calculations for Equations 1, 1A through 
1C, 2, and 3 in Sec. 63.3951; and if applicable, the calculation used 
to determine mass of organic HAP in waste materials according to 
Sec. 63.3951(e)(4). You do not need to submit background data 
supporting these calculations, for example, information provided by 
materials suppliers or manufacturers, or test reports.
    (iii) A statement of the cause of each deviation.
    (7) Deviations: emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from

[[Page 52805]]

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. 63.3890.
    (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. 63.3951 and, if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec. 63.3951(e)(4); the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec. 63.3951; 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. 63.3961 and 
Equations 2, 3, and 3A through 3C of Sec. 63.3961 as applicable; the 
calculation of the total mass of organic HAP emissions each month, 
using Equation 4 of Sec. 63.3961; and the calculation of the 12-month 
organic HAP emission rate, using Equation 5 of Sec. 63.3961. You do not 
need to submit the background data supporting these calculations, for 
example information provided by materials suppliers or manufacturers, 
or test reports.
    (iii) The date and time that each malfunction started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vii) The date, time, and duration that each CPMS was out-of-
control, including the information in Sec. 63.8(c)(8).
    (viii) The date and time period of each deviation from an operating 
limit in Table 1 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 1 to this subpart and each bypass of the add-
on control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as 
a percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For each deviation from the work practice standards, a 
description of the deviation, the date and time period of the 
deviation, and the actions you took to correct the deviation.
    (xiv) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with 
add-on controls option, you must submit reports of performance test 
results for emission capture systems and add-on control devices no 
later than 60 days after completing the tests as specified in 
Sec. 63.10(d)(2).
    (c) Startup, shutdown, malfunction reports. If you used the 
emission rate with add-on controls option and you had a startup, 
shutdown, or malfunction during the semiannual reporting period, you 
must submit the reports specified in paragraphs (c)(1) and (2) of this 
section.
    (1) If your actions were consistent with your startup, shutdown, 
and malfunction plan, you must include the information specified in 
Sec. 63.10(d) in the semiannual compliance report required by paragraph 
(a) of this section.
    (2) If your actions were not consistent with your startup, 
shutdown, and malfunction plan, you must submit an immediate startup, 
shutdown, and malfunction report as described in paragraphs (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. 63.3930  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. 63.3941.
    (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. 63.3951 and, if applicable, 
the calculation used to determine mass of organic HAP in waste 
materials according to Sec. 63.3951(e)(4); the calculation of the total 
volume of coating solids used each month, using Equation 2 of 
Sec. 63.3951; and the

[[Page 52806]]

calculation of each 12-month organic HAP emission rate, using Equation 
3 of Sec. 63.3951.
    (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. 63.3951 and, if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec. 63.3951(e)(4).
    (ii) The calculation of the total volume of coating solids used 
each month, using Equation 2 of Sec. 63.3951.
    (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. 63.3961 and Equations 2, 3, and 3A through 
3C of Sec. 63.3961 for as applicable.
    (iv) The calculation of the total mass of organic HAP emissions 
each month, using Equation 4 of Sec. 63.3961.
    (v) The calculation of each 12-month organic HAP emission rate, 
using Equation 5 of Sec. 63.3961.
    (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. 63.3951 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) 
according to Sec. 63.3951(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. 63.3951; 
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. 63.3951.
    (3) The methodology used in accordance with Sec. 63.3951(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 1 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. 63.3965(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. 63.3964 and 63.3965(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. 63.3965(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. 63.3966.
    (i) Records of each add-on control device performance test 
conducted according to Secs. 63.3964 and 63.3966.
    (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. 63.3967 and to document compliance with the operating 
limits as specified in Table 1 to this subpart.
    (8) A record of the work practice plan required by Sec. 63.3893 and 
documentation that you are implementing the plan on a continuous basis.


Sec. 63.3931  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

[[Page 52807]]

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. 63.3940  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. 63.3941. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3883 and ends on the last day of 
the twelfth 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. 63.3941 and supporting documentation 
showing that, during the initial compliance period, you used no coating 
with an organic HAP content that exceeded the applicable emission 
limits in Sec. 63.3890, and that you used no thinners or cleaning 
materials that contained organic HAP.


Sec. 63.3941  How do I demonstrate initial compliance with the emission 
limitations?

    You may use the compliant material option for any individual 
coating operation, for any group of coating operations in the affected 
source, or for all the coating operations in the affected source. You 
must use either the emission rate without add-on controls option or the 
emission rate with add-on controls option for any coating operation in 
the affected source for which you do not use this option. To 
demonstrate initial compliance using the compliant material option, the 
coating operation or group of coating operations must use no coating 
with an organic HAP content that exceeds the applicable emission limits 
in Sec. 63.3890 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. 63.3892 and 63.3893, respectively. To demonstrate 
initial compliance with the emission limitations using the compliant 
material option, you must meet all the requirements of this section for 
the coating operation or group of coating operations using this option. 
Use the procedures in this section on each coating, thinner, and 
cleaning material in the condition it is in when it is received from 
its manufacturer or supplier and prior to any alteration. You do not 
need to redetermine the HAP content of cleaning materials that have 
been reclaimed and reused onsite provided these materials in their 
condition as received were demonstrated to comply with the compliant 
material option.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner, and cleaning material used during the compliance 
period by using one of the options in paragraphs (a)(1) through (5) of 
this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the 
procedures specified in paragraphs (a)(1)(i) and (ii) of this section 
when performing a Method 311 test.
    (i) Count each organic HAP that is measured to be present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 
percent of the material by mass, you do not have to count it. Express 
the mass fraction of each organic HAP you count as a value truncated to 
four places after the decimal point (for example, 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (for 
example, 0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of 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 compounds. For example, if toluene (not an 
OSHA carcinogen) is 0.5 percent of the material by mass, you do not 
have to count it. If there is a disagreement between such information 
and results of a test conducted according to paragraphs (a)(1) through 
(3) of this section, then the test method results will take precedence.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in 
these solvent blends listed in Table 3 or 4 to this subpart. If you use 
the tables, you must use the values in Table 3 for all solvent blends 
that match Table 3 entries, and you may only use Table 4 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 3, and you only know whether the blend is aliphatic or 
aromatic. However, if the results of a Method 311 test indicate higher 
values than those listed on Table 3 or 4 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

[[Page 52808]]

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] TP13AU02.003

Where:

Hc = organic HAP content of the coating, kg organic HAP per 
liter coating solids.
Dc = density of coating, kg coating per liter coating, 
determined according to paragraph (c) of this section.
Wc = mass fraction of organic HAP in the coating, kg organic 
HAP per kg coating, determined according to paragraph (a) of this 
section.
Vs = volume fraction of coating solids, liter coating solids 
per liter coating, determined according to paragraph (b) of this 
section.

    (e) Compliance demonstration. The calculated organic HAP content 
for each coating used during the initial compliance period must be less 
than or equal to the applicable emission limits in Sec. 63.3890; and 
each thinner and cleaning material used during the initial compliance 
period must contain no organic HAP, determined according to paragraph 
(a) of this section. You must keep all records required by 
Secs. 63.3930 and 63.3931. As part of the Notification of Compliance 
Status required in Sec. 63.3910, 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 limits in Sec. 63.3890, and you used 
no thinners or cleaning materials that contained organic HAP, 
determined according to paragraph (a) of this section.


Sec. 63.3942  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. 63.3941, exceeds the applicable 
emission limits in Sec. 63.3890, and use no thinner or cleaning 
material that contains organic HAP, determined according to 
Sec. 63.3941(a). A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in 
Sec. 63.3940 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. 63.3910(c)(6) 
and 63.3920(a)(5).
    (c) As part of each semiannual compliance report required by 
Sec. 63.3920, 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. 63.3890, 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 limits 
in Sec. 63.3890, and you used no thinner or cleaning material that 
contained organic HAP, determined according to Sec. 63.3941(a).
    (d) You must maintain records as specified in Secs. 63.3930 and 
63.3931.

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


Sec. 63.3950  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. 63.3951. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3883 and ends on the last day of 
the twelfth 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 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. 63.3951 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. 63.3890.


Sec. 63.3951  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. 63.3890, but is not 
required to meet the operating limits or work practice standards in 
Secs. 63.3892 and 63.3893, respectively. You must meet all the 
requirements of this section to demonstrate initial compliance with the 
applicable emission limit in Sec. 63.3890. 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 and reused in the coating operation for which you use the 
emission rate without add-on controls option.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner, 
and cleaning material used during each month according to the 
requirements in Sec. 63.3941(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. 63.3941(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

[[Page 52809]]

manufacturer of the material, or reference sources providing density or 
specific gravity data for pure materials. If there is disagreement 
between ASTM Method D1475-98 test results and other such 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 the mass of 
organic HAP emissions using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.004

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 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 kg organic HAP in the coatings used during the 
month using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.005

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 kg of organic HAP in the thinners used during the 
month using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.006

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 kg organic HAP in the cleaning materials used 
during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.007

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 must document the amount of waste materials and the total 
mass of organic HAP they contain, as required in Sec. 63.3930(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, liters, 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] TP13AU02.008

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. 63.3941(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] TP13AU02.009

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 from all materials 
used during month, y, kg, 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 must be less than or equal to the 
applicable emission limit in Sec. 63.3890. You must keep all records as 
required by Secs. 63.3930 and 63.3931. As part of the

[[Page 52810]]

Notification of Compliance Status required by Sec. 63.3910, 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. 63.3890, determined according to this section.


Sec. 63.3952  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, determined according to 
Sec. 63.3951(a) through (g), must be less than or equal to the 
applicable emission limit in Sec. 63.3890. A compliance period consists 
of 12 months. Each month after the end of the initial compliance period 
described in Sec. 63.3950 is the end of a compliance period consisting 
of that month and the preceding 11 months. You must perform the 
calculations in Sec. 63.3951(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. 63.3890, this is 
a deviation from the emission limitations for that compliance period 
and must be reported as specified in Secs. 63.3910(c)(6) and 
63.3920(a)(6).
    (c) As part of each semiannual compliance report required by 
Sec. 63.3920, 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. 63.3890, determined according to 
Sec. 63.3951(a) through (g).
    (d) You must maintain records as specified in Secs. 63.3930 and 
63.3931.

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


Sec. 63.3960  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. 63.3883. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to 
Sec. 63.3961(j), you must conduct a performance test of each capture 
system and add-on control device according to Secs. 63.3964, 63.3965, 
and 63.3966 and establish the operating limits required by Sec. 63.3892 
no later than 180 days after the applicable compliance date specified 
in Sec. 63.3883. For a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.3961(j), you must 
initiate the first material balance no later than the applicable 
compliance date specified in Sec. 63.3883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.3893 no later than the compliance date specified in 
Sec. 63.3883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of 
Sec. 63.3961. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3883 and ends on the last day of 
the twelfth 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. 63.3964, 63.3965, and 63.3966; results of 
liquid-liquid material balances conducted according to Sec. 63.3961(j); 
calculations according to Sec. 63.3961 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. 63.3890; the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec. 63.3968; and documentation of whether you 
developed and implemented the work practice plan required by 
Sec. 63.3893.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by 
Sec. 63.3892 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. 63.3961(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. 63.3883. Except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to 
Sec. 63.3961(j), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Secs. 63.3964, 63.3965, and 63.3966 and establish the operating limits 
required by Sec. 63.3892 no later than the compliance date specified in 
Sec. 63.3883. For a solvent recovery system for which you conduct 
liquid-liquid material balances according to Sec. 63.3961(j), you must 
initiate the first material balance no later than the compliance date 
specified in Sec. 63.3883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec. 63.3893 no later than the compliance date specified in 
Sec. 63.3883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of 
Sec. 63.3961. The initial compliance period begins on the applicable 
compliance date specified in Sec. 63.3883 and ends on the last day of 
the twelfth 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

[[Page 52811]]

add-on control device performance tests conducted according to 
Secs. 63.3964, 63.3965, and 63.3966; results of liquid-liquid material 
balances conducted according to Sec. 63.3961(j); calculations according 
to Sec. 63.3961 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. 63.3890; the operating 
limits established during the performance tests and the results of the 
continuous parameter monitoring required by Sec. 63.3968; and 
documentation of whether you developed and implemented the work 
practice plan required by Sec. 63.3893.


Sec. 63.3961  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. 63.3890, 63.3892, and 63.3893. 
You must meet all the requirements of this section to demonstrate 
initial compliance with the emission limitations. When calculating the 
organic HAP emission rate according to this section, do not include any 
coatings, thinners, or cleaning materials used on coating operations 
for which you use the compliant material option or the emission rate 
without add-on controls option. 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. 63.3960(a)(4), and except for solvent recovery systems for which 
you conduct liquid-liquid material balances according to the 
requirements of paragraph (j) of this section, you must establish and 
demonstrate continuous compliance during the initial compliance period 
with the operating limits required by Sec. 63.3892, using the 
procedures specified in Secs. 63.3967 and 63.3968.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec. 63.3893 during the initial compliance period, as 
specified in Sec. 63.3930.
    (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. 63.3890.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec. 63.3951(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. 63.3951, 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 balance. 
For each controlled coating operation using an emission capture system 
and add-on control device other than a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate 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. 63.3963(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] TP13AU02.010

Where:

HC = mass of organic HAP emission reduction for the 
controlled coating operation during the month, kg.
HC = total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, kg, as calculated in 
Equation 1A of this section.
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. 63.3963(c) and (d) that occurred during the month in

[[Page 52812]]

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. 63.3964 and 63.3965 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. 63.3964 and 63.3966 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] TP13AU02.011

Where:

AC = Total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, 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] TP13AU02.012

Where:

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] TP13AU02.013

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. 63.3963(c) and (d), using Equation 1D of 
this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.014

Where:

Hunc = total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in 
Sec. 63.3963(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, thinning solvents, 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. 63.3951(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] TP13AU02.015


[[Page 52813]]


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 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] TP13AU02.016

Where:
HCSR = mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system using a 
liquid-liquid material balance 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] TP13AU02.017

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.

    (ii) 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] TP13AU02.018

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.

    (iii) 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] TP13AU02.019


[[Page 52814]]


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. 63.3951.
    (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:
[GRAPHIC] [TIFF OMITTED] TP13AU02.020

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 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 of organic HAP per liter coating solids 
used, using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.021

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.
V st,y = total volume of coating solids used during month, 
y, liters, from Equation 2 of Sec. 63.3951.
y = identifier for months.

    (n) Compliance demonstration. To demonstrate initial compliance 
with the emission limit, calculated using Equation 5 of this section, 
must be less than or equal to the applicable emission limit in 
Sec. 63.3890. You must keep all records as required by Secs. 63.3930 
and 63.3931. As part of the Notification of Compliance Status required 
by Sec. 63.3910, 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. 63.3890, and you achieved the operating limits 
required by Sec. 63.3892 and the work practice standards required by 
Sec. 63.3893.


Sec. 63.3962  [Reserved]


Sec. 63.3963  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec. 63.3890, the organic HAP emission rate for each 
compliance period, determined according to the procedures in 
Sec. 63.3961, must be equal to or less than the applicable emission 
limit in Sec. 63.3890. A compliance period consists of 12 months. Each 
month after the end of the initial compliance period described in 
Sec. 63.3960 is the end of a compliance period consisting of that month 
and the preceding 11 months. You must perform the calculations in 
Sec. 63.3961 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. 63.3890, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Secs. 63.3910(c)(6) and 63.3920(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec. 63.3892 that applies to you, as specified in 
Table 1 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating 
limit that must be reported as specified in Secs. 63.3910(c)(6) and 
63.3920(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 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. 63.3961(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. 63.3961.
    (d) You must meet the requirements for bypass lines in 
Sec. 63.3968(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. 63.3910(c)(6) and 63.3920(a)(7). For the purposes of completing 
the compliance calculations specified in Secs. 63.3961(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

[[Page 52815]]

deviation as indicated in Equation 1 of Sec. 63.3961.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec. 63.3893. 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. 63.3930(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Secs. 63.3910(c)(6) and 63.3920(a)(7).
    (f) As part of each semiannual compliance report required in 
Sec. 63.3920, 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. 63.3890, and you achieved the operating limits required by 
Sec. 63.3892 and the work practice standards required by Sec. 63.3893 
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. 63.3900(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. 63.3930 and 
63.3931.


Sec. 63.3964  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec. 63.3960 
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 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. 63.3965. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec. 63.3966.


Sec. 63.3965  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. 63.3960.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from 
the enclosure to an add-on control device.
    (2) All coatings, thinners, and cleaning materials used in the 
coating operation are applied within the capture system; coating 
solvent flash-off and coating, curing, and drying occurs within the 
capture system; and the removal of or evaporation of cleaning materials 
from the surfaces they are applied to occurs within the capture system. 
For example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of production, which includes surface preparation activities 
and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation 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 F of appendix M to 40 CFR part 51 to 
determine the mass fraction, kg TVH per kg material, of TVH liquid 
input from each coating, thinner, and cleaning material used in the 
coating operation during each capture efficiency test run. To make the 
determination, substitute TVH for each occurrence of the term volatile 
organic compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate 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.

[[Page 52816]]

[GRAPHIC] [TIFF OMITTED] TP13AU02.022

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 if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.023

Where:

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

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system 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 C 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 C 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 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 if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.024


[[Page 52817]]


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.
TVHuncaptured = total mass of TVH that is not captured by 
the emission capture system and that exits from the temporary total 
enclosure or building enclosure during the capture efficiency test run, 
kg.

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


Sec. 63.3966  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. 63.3960. 
You must conduct three test runs as specified in Sec. 63.7(e)(3) and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight.
    (4) Use Method 4 of appendix A to 40 CFR part 60, to determine 
stack gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified 
in paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be more 
than 50 parts per million (ppm) at the control device outlet.
    (2) Use Method 25A if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be 50 
ppm or less at the control device outlet.
    (3) Use Method 25A if the add-control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator 
with an outlet for the high-volume, dilute stream that has been treated 
by the concentrator, and a second add-on control device is an oxidizer 
with an outlet for the low-volume, concentrated stream that is treated 
with the oxidizer, you must measure emissions at the outlet of the 
oxidizer and the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and the outlet of the add-on 
control device, using Equation 1 of this section. If there is more than 
one inlet or outlet to the add-on control device, you must calculate 
the total gaseous organic mass flow rate using Equation 1 of this 
section for each inlet and each outlet and then total all of the inlet 
emissions and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TP13AU02.025

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] TP13AU02.026

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. 63.3967  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. 63.3960 and described 
in Secs. 63.3964, 63.3965, and 63.3966, you must establish the 
operating limits required by Sec. 63.3892 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec. 63.8(f) as specified in Sec. 63.3892.
    (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

[[Page 52818]]

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 replace the catalyst bed and conduct a new 
performance test to determine destruction efficiency according to 
Sec. 63.3966.
    (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 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 systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec. 63.3965(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 1 to this subpart.
    (1) During the capture efficiency determination required by 
Sec. 63.3960 and described in Secs. 63.3964 and 63.3965, 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. 63.3968  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

[[Page 52819]]

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 (nondiverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the 
monitoring system at least once every month to verify that the monitor 
will indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec. 63.3920.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install gas temperature monitors both 
upstream and downstream of the catalyst bed. The temperature monitors 
must be in the gas stream immediately before and after the catalyst bed 
to measure the temperature difference across the bed.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraph (a) and paragraph (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 paragraphs (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 
paragraph (a) and paragraphs (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 paragraph 
(a) and paragraph (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 paragraph (a) and paragraphs (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

[[Page 52820]]

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 anytime 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 paragraph (a) and paragraphs (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 paragraph (a) and paragraphs (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.
    (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. 63.3980  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
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 (as well as 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 subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator and are not transferred to the State, 
local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are as follows:
    (1) Approval of alternatives to the work practice standards in 
Sec. 63.3893 under Sec. 63.6(g).
    (2) Approval of major alternatives to test methods under 
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
    (3) Approval of major alternatives to monitoring under Sec. 63.8(f) 
and as defined in Sec. 63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec. 63.10(f) and as defined in Sec. 63.90.


Sec. 63.3981  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 from a substrate to prepare for the application of a coating 
(surface preparation), to apply coating to a substrate (coating 
application) and to dry or cure the coating after application, or to 
clean coating operation equipment (equipment cleaning). A single 
coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a coating or 
cleaning material is applied and all subsequent points in the affected 
source where organic HAP emissions from that coating or cleaning 
material occur. There may be multiple coating operations in an affected 
source. Coating application with hand-held nonrefillable aerosol 
containers, touchup markers, or marking pens is not a coating operation 
for the purposes of this subpart.
    Coating solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of coating

[[Page 52821]]

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).
    Facility maintenance means the routine repair or renovation 
(including the surface coating) of the tools, equipment, machinery, and 
structures that comprise the infrastructure of the affected facility 
and that are necessary for the facility to function in its intended 
capacity.
    General use coating means any material that meets the definition of 
``coating'' but does not meet the definition of ``high performance 
coating,'' ``rubber to metal coating,'' or ``magnet wire coating'' as 
defined in this section.
    High performance architectural coating means any coating applied to 
architectural subsections which is required to meet the specifications 
of Architectural Aluminum Manufacturer's Association's publication 
number AAMA 605.2-1980.
    High performance coating means any coating that meets the 
definition of ``high performance architectural coating,'' ``high 
temperature coating,'' or ``military combat, tactical, and munitions 
coating'' in this section.
    High temperature coating means any coating applied to a substrate 
which during normal use must withstand temperatures of at least 538 
degrees Celcius (1000 degrees Fahrenheit).
    Magnet wire coating means any coating applied to wire that will 
subsequently be used in the fabrication of electrical devices such as 
motors or generators.
    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. 63.3941. 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.
    Military combat, tactical, and munitions coating means coating 
materials and/or groups of coating materials that singularly or in 
combination provide military-unique performance and/or battlefield 
survival capabilities. These coatings include all coating components 
that have been qualified, or must be compatible with components that 
are qualified, by the military under a military specification, standard 
or equivalent as providing military-unique performance and battlefield 
survival capabilities.
    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. 63.3941. 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.
    Rubber to metal coating means the coatings that are applied to a 
metal substrate to provide an adhesive surface necessary for a rubber 
component to be bonded to the substrate.
    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 (referred to as paint stripping or depainting) for 
the purpose of preparing a substrate for application a coating.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from 
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or 
discharged.

[[Page 52822]]

    If you are required to comply with operating limits by 
Sec. 63.3892, you must comply with the applicable operating limits in 
the following table:

  Table 1 to Subpart MMMM of Part 63.--Operating Limits if Using the Emission Rate With Add-on Controls Option
----------------------------------------------------------------------------------------------------------------
                                                                             And you must demonstrate continuous
   For the following device* * *     You must meet the following operating   compliance with the operating limit
                                                  limit * * *                               * * *
----------------------------------------------------------------------------------------------------------------
1. thermal oxidizer................  a. the average combustion temperature  i. collecting the combustion
                                      in any 3-hour period must not fall     temperature combustion data
                                      below the combustion temperature       according to Sec.  63.3968(c);
                                      limit established according to Sec.   ii. reducing the data to 3-hour
                                      63.3967(a).                            block averages; and
                                                                            iii. maintaining the 3-hour average
                                                                             combustion temperature at or above
                                                                             the temperature limit.
----------------------------------------------------------------------------------------------------------------
2. catalytic oxidizer..............  a. the average temperature measured    i. collecting the temperature data
                                      just before the catalyst bed in any    according to Sec.  63.3968(c);
                                      3-hour period must not fall below     ii. reducing the data to 3-hour
                                      the limit established according to     block averages; and
                                      Sec.  63.3967(b); and either.         iii. maintaining the 3-hour average
                                                                             temperature before the catalyst bed
                                                                             at or above the temperature limit.
                                     b. ensure that the average             i. collecting the temperature data
                                      temperature difference across the      according to Sec.  63.3968(c);
                                      catalyst bed in any 3-hour period     ii. reducing the data to 3-hour
                                      does not fall below the temperature    block averages; and
                                      difference limit established          iii. maintaining the 3-hour average
                                      according to Sec.  63.3967(b)(2); or.  temperature difference at or above
                                                                             the temperature difference limit.
                                     c. develop and implement an            i. maintaining an up-to-date
                                      inspection and maintenance plan        inspection and maintenance plan,
                                      according to Sec.  63.3967(b)(4).      records of annual catalyst activity
                                                                             checks, records of monthly
                                                                             inspections of the oxidizer system,
                                                                             and records of the annual internal
                                                                             inspections of the catalyst bed. If
                                                                             a problem is discovered during a
                                                                             monthly or annual inspection
                                                                             required by Sec.  63.3967(b)(4),
                                                                             you must take corrective action as
                                                                             soon as practicable consistent with
                                                                             the manufacturer's recommendations.
----------------------------------------------------------------------------------------------------------------
3. carbon adsorber.................  a. the total regeneration desorbing    i. measuring the total regeneration
                                      gas (e.g., steam or nitrogen) mass     desorbing gas (e.g., steam or
                                      flow for each carbon bed               nitrogen) mass flow for each
                                      regeneration cycle must not fall       regeneration cycle according to
                                      below the total regeneration           Sec.  63.3968(d); and
                                      desorbing gas mass flow limit         ii. maintaining the total
                                      established according to Sec.          regeneration desorbing gas mass
                                      63.3967(c).                            flow at or above the mass flow
                                                                             limit.
                                     b. the temperature of the carbon bed,  i. measuring the total regeneration
                                      after completing each regeneration     desorbing gas (e.g., steam or
                                      and any cooling cycle, must not        nitrogen) mass flow for each
                                      exceed the carbon bed temperature      regeneration cycle according to
                                      limit established according to Sec.    Sec.  63.3968(d); and
                                      63.3967(c).                           ii. operating the carbon beds such
                                                                             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 condenser outlet        i. collecting the condenser outlet
                                      (product side) gas temperature in      (product side) gas temperature
                                      any 3-hour period must not exceed      according to Sec.  63.3968(e);
                                      the temperature limit established     ii. reducing the data to 3-hour
                                      according to Sec.  63.3967(d).         block averages; and
                                                                            iii. maintaining the 3-hour average
                                                                             gas temperature at the outlet at or
                                                                             below the temperature limit.
----------------------------------------------------------------------------------------------------------------
5. concentrators, including zeolite  a. the average gas temperature         i. collecting the temperature data
 wheels and rotary carbon adsorbers.  desorption concentrate stream in any   according to 63.3968(f);
                                      3-hour period must not fall below     ii. reducing the data to 3-hour
                                      the limit established according to     block averages; and
                                      Sec.  63.3967(e).                     iii. maintaining the 3-hour average
                                                                             temperature at or above the
                                                                             temperature limit.
                                     b. the average pressure drop of the    i. collecting the pressure drop data
                                      dilute stream across the               according to 63.3968(f); and
                                      concentrator in any 3-hour period     ii. reducing the pressure drop data
                                      must not fall below the limit          to 3-hour block averages; and
                                      established according to Sec.         iii. maintaining the 3-hour average
                                      63.3967(e).                            pressure drop at or above the
                                                                             pressure drop limit.
----------------------------------------------------------------------------------------------------------------
 

[[Page 52823]]

 
6. emission capture system that is   a. the direction of the air flow at    i. collecting the direction of air
 a PTE according to Sec.              all times must be into the             flow, and either the according to
 63.3965(a).                          enclosure; and either.                 Sec.  63.3968(g)(1) or the
                                     b. the average facial velocity of air   according to enclosure; and
                                      through all natural draft openings     pressure drop across the according
                                      in the enclosure at all at least 200   to Sec.  63.3968(g)(2); and
                                      feet per minute; or.                  ii. maintaining the facial velocity
                                     c. the pressure drop across the         of air flow through all natural
                                      enclosure must be at least 0.007       draft openings or the pressure drop
                                      inch H2O, as established in Method     at or above the facial velocity
                                      204 of appendix M to 40 CFR part 51..  limit or pressure drop limit, and
                                                                             maintaining the direction of air
                                                                             flow into enclosure at all times.
----------------------------------------------------------------------------------------------------------------
7. emission capture system that is   a. the average gas volumetric flow     i. collecting the gas volumetric
 not a PTE according to Sec.          rate or duct static pressure in each   flow rate or duct static pressure
 63.3965(a).                          duct between a capture device and      for each capture device according
                                      add-on control device inlet in any 3-  to Sec.  63.3968(g);
                                      hour period must not fall below the   ii. reducing the data to 3-hour
                                      average volumetric flow rate or duct   block according averages; and
                                      static pressure limit established     iii. maintaining the 3-hour average
                                      for that capture device according to   gas volumetric flow rate or duct
                                      Sec.  63.3967(f).                      static pressure for each capture
                                                                             device at or above the gas
                                                                             volumetric flow rate or duct static
                                                                             pressure limit.
----------------------------------------------------------------------------------------------------------------

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

            Table 2 to Subpart MMMM of Part 63.--Applicability of General Provisions to Subpart MMMM
----------------------------------------------------------------------------------------------------------------
                                                        Applicable to
           Citation                   Subject           subpart MMMM                   Explanation
----------------------------------------------------------------------------------------------------------------
Sec.  63.1(a)(1)-(14)........  General Applicability  Yes.............  ........................................
Sec.  63.1(b)(1)-(3).........  Initial Applicability  Yes.............  Applicability to subpart MMMM is also
                                Determination.                           specified in Sec.  63.3881.
Sec.  63.1(c)(1).............  Applicability After    Yes.............  ........................................
                                Standard Established.
Sec.  63.1(c)(2)-(3).........  Applicability of       No..............  Area sources are not subject to subpart
                                Permit Program for                       MMMM.
                                Area Sources.
Sec.  63.1(c)(4)-(5).........  Extensions and         Yes.............  ........................................
                                Notifications.
Sec.  63.1(e)................  Applicability of       Yes.............  ........................................
                                Permit Program
                                Before Relevant
                                Standard is Set.
Sec.  63.2...................  Definitions..........  Yes.............  Additional definitions are specified in
                                                                         Sec.  63.3981.
Sec.  63.3(a)-(c)............  Units and              Yes.............  ........................................
                                Abbreviations.
Sec.  63.4(a)(1)-(5).........  Prohibited Activities  Yes.............  ........................................
Sec.  63.4(b)-(c)............  Circumvention/         Yes.............  ........................................
                                Severability.
Sec.  63.5(a)................  Construction/          Yes.............  ........................................
                                Reconstruction.
Sec.  63.5(b)(1)-(6).........  Requirements for       Yes.............  ........................................
                                Existing, Newly
                                Constructed, and
                                Reconstructed
                                Sources.
Sec.  63.5(d)................  Application for        Yes.............  ........................................
                                Approval of
                                Construction/
                                Reconstruction.
Sec.  63.5(e)................  Approval of            Yes.............  ........................................
                                Construction/
                                Reconstruction.
Sec.  63.5(f)................  Approval of            Yes.............  ........................................
                                Construction/
                                Reconstruction Based
                                on Prior State
                                Review.
Sec.  63.6(a)................  Compliance With        Yes.............  ........................................
                                Standards and
                                Maintenance
                                Requirements--
                                Applicability.
Sec.  63.6(b)(1)-(7).........  Compliance Dates for   Yes.............  Section 63.3883 specifies the compliance
                                New and                                  dates.
                                Reconstructed
                                Sources.
Sec.  63.6(c)(1)-(5).........  Compliance Dates for   Yes.............  Section 63.3883 specifies the compliance
                                Existing Sources.                        dates.
Sec.  63.6(e)(1)-(2).........  Operation and          Yes.............
                                Maintenance.
Sec.  63.6(e)(3).............  Startup, Shutdown,     Yes.............  Only sources using an add-on control
                                and Malfunction Plan.                    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 using an add-on
                                During Startup,                          control device to comply with the
                                Shutdown, and                            standards.
                                Malfunction.

[[Page 52824]]

 
Sec.  63.6(f)(2)-(3).........  Methods for            Yes.............
                                Determining
                                Compliance.
Sec.  63.6(g)(1)-(3).........  Use of an Alternative  Yes.............
                                Standard.
Sec.  63.6(h)................  Compliance With        No..............  Subpart MMMM does not establish opacity
                                Opacity/Visible                          standards and does not require
                                Emission Standards.                      continuous opacity monitoring systems
                                                                         (COMS).
Sec.  63.6(i)(1)-(16)........  Extension of           Yes.............
                                Compliance.
Sec.  63.6(j)................  Presidential           Yes.............
                                Compliance Exemption.
Sec.  63.7(a)(1).............  Performance Test       Yes.............  Applies to all affected sources.
                                Requirements--Applic                     Additional requirements for performance
                                ability.                                 testing are specified in Secs.
                                                                         63.3964, 63.3965, and 63.3966.
Sec.  63.7(a)(2).............  Performance Test       Yes.............  Applies only to performance tests for
                                Requirements--Dates.                     capture system and control device
                                                                         efficiency at sources using these to
                                                                         comply with the standards. Section
                                                                         63.3960 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 performance tests for
                                Requirements--Notifi                     capture system and add-on control
                                cation, Quality                          device efficiency at sources using
                                Assurance,                               these to comply with the standard.
                                Facilities Necessary
                                for Safe Testing,
                                Conditions During
                                Test.
Sec.  63.7(f)................  Performance Test       Yes.............  Applies to all test methods except those
                                Requirements--Use of                     used to determine capture system
                                Alternative Test                         efficiency.
                                Method.
Sec.  63.7(g)-(h)............  Performance Test       Yes.............  Applies only to performance tests for
                                Requirements--Data                       capture system and add-on control
                                Analysis,                                device efficiency at sources using
                                Recordkeeping,                           these to comply with the standard.
                                Reporting, Waiver of
                                Test.
Sec.  63.8(a)(1)-(3).........  Monitoring             Yes.............  Applies only to monitoring of capture
                                Requirements--Applic                     system and add-on control device
                                ability.                                 efficiency at sources using these to
                                                                         comply with the standard. Additional
                                                                         requirements for monitoring are
                                                                         specified in Sec.  63.3968.
Sec.  63.8(a)(4).............  Additional Monitoring  No..............  Subpart MMMM does not have monitoring
                                Requirements.                            requirements for flares.
Sec.  63.8(b)................  Conduct of Monitoring  Yes.............  ........................................
Sec.  63.8(c)(1)-(3).........  Continuous Monitoring  Yes.............  Applies only to monitoring of capture
                                Systems (CMS)                            system and add-on control device
                                Operation and                            efficiency at sources using these to
                                Maintenance.                             comply with the standard. Additional
                                                                         requirements for CMS operations and
                                                                         maintenance are specified in Sec.
                                                                         63.3968.
Sec.  63.8(c)(4).............  CMS..................  No..............  Section 63.3968 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 MMMM does not have opacity or
                                                                         visible emission standards.
Sec.  63.8(c)(6).............  CMS Requirements.....  No..............  Section 63.3968 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..............  Section 63.3920 requires reporting of
                                Periods and                              CMS out-of-control periods.
                                Reporting.
Sec.  63.8(d)-(e)............  Quality Control        No..............  Subpart MMMM does not require the use of
                                Program and CMS                          continuous emissions monitoring
                                Performance                              systems.
                                Evaluation.
Sec.  63.8(f)(1)-(5).........  Use of an Alternative  Yes.............  ........................................
                                Monitoring Method.
Sec.  63.8(f)(6).............  Alternative to         No..............  Subpart MMMM does not require the use of
                                Relative Accuracy                        continuous emissions monitoring
                                Test.                                    systems.
Sec.  63.8(g)(1)-(5).........  Data Reduction.......  No..............  Sections 63.3967 and 63.3968 specify
                                                                         monitoring data reduction.
Sec.  63.9(a)-(d)............  Notification           Yes.............
                                Requirements.
63.9(e)......................  Notification of        Yes.............  Applies only to capture system and add-
                                Performance Test.                        on control device performance tests at
                                                                         sources using these to comply with the
                                                                         standard.
63.9(f)......................  Notification of        No..............  Subpart MMMM does not have opacity or
                                Visible Emissions/                       visible emission standards.
                                Opacity Test.

[[Page 52825]]

 
63.9(g)(1)-(3)...............  Additional             No..............  Subpart MMMM does not require the use of
                                Notifications When                       continuous emissions monitoring
                                Using CMS.                               systems.
63.9(h)......................  Notification of        Yes.............  Section 63.3910 specifies the dates for
                                Compliance Status.                       submitting the notification of
                                                                         compliance status.
63.9(i)......................  Adjustment of          Yes.............
                                Submittal Deadlines.
63.9(j)......................  Change in Previous     Yes.............
                                Information.
63.10(a)--...................  Recordkeeping/         Yes.............
                                Reporting--Applicabi
                                lity and General
                                Information.
63.10(b)(1)..................  General Recordkeeping  Yes.............  Additional requirements are specified in
                                Requirements.                            Sec. 63.3930 and 63.3931.
63.10(b)(2) (i)-(v)..........  Recordkeeping          Yes.............  Requirements for startup, shutdown,
                                Relevant to Startup,                     malfunction and records only apply to
                                Shutdown, and                            add-on control devices used to comply
                                Malfunction Periods                      with the standard.
                                and CMS.
63.10(b)(2) (vi)-(xi)........  .....................  Yes.............
63.10(b)(2) (xii)............  Records..............  Yes.............
63.10(b)(2) (xiii)...........  .....................  No..............  Subpart MMMM does not require the use of
                                                                         continuous emissions monitoring
                                                                         systems.
63.10(b)(2) (xiv)............  .....................  Yes.............
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.
                                                                         63.3920(a)(7).
Sec.  63.10(c)(9)-(15).......  .....................  Yes.............
Sec.  63.10(d)(1)............  General Reporting      Yes.............  Additional requirements are specified in
                                Requirements.                            Sec.  63.3920.
Sec.  63.10(d)(2)............  Report of Performance  Yes.............  Additional requirements are specified in
                                Test Results.                            Sec.  63.3920(b).
Sec.  63.10(d)(3)............  Reporting Opacity or   No..............  Subpart MMMM does not require opacity or
                                Visible Emissions                        visible emissions observations.
                                Observations.
Sec.  63.10(d)(4)............  Progress Reports for   Yes.............
                                Sources With
                                Compliance
                                Extensions.
Sec.  63.10(d)(5)............  Startup, Shutdown,     Yes.............  Applies only to add-on control devices
                                and Malfunction                          at sources using these to comply with
                                Reports.                                 the standard.
Sec.  63.10(e)(1)-(2)........  Additional CMS         No..............  Subpart MMMM does not require the use of
                                Reports.                                 continuous emissions monitoring
                                                                         systems.
Sec.  63.10(e)(3)............  Excess Emissions/CMS   No..............  Section 63.3920(b) specifies the
                                Performance Reports.                     contents of periodic compliance
                                                                         reports.
Sec.  63.10(e)(4)............  COMS Data Reports....  No..............  Subpart MMMM does not specify
                                                                         requirements for opacity or COMS.
Sec.  63.10(f)...............  Recordkeeping/         Yes.............
                                Reporting Waiver.
Sec.  63.11..................  Control Device         No..............  Subpart MMMM does not specify use of
                                Requirements/Flares.                     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 3 to Subpart MMMM 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 fraction                  mass
----------------------------------------------------------------------------------------------------------------
1. Toluene.................................        108-88-3           1.0    Toluene
2. Xylene(s)...............................       1330-20-7           1.0    Xylenes, ethylbenzene

[[Page 52826]]

 
3. Hexane..................................        110-54-3           0.5    n-hexane
4. n-Hexane................................        110-54-3           1.0    n-hexane
5. Ethylbenzene............................        100-41-4           1.0    Ethylbenzene
6. Aliphatic 140...........................  ..............           0      None
7. Aromatic 100............................  ..............           0.02   1% xylene, 1% cumene
8. Aromatic 150............................  ..............           0.09   Naphthalene
9. Aromatic naphtha........................      64742-95-6           0.02   1% xylene, 1% cumene
10. Aromatic solvent.......................      64742-94-5           0.1    Naphthalene
11. Exempt mineral spirits.................       8032-32-4           0      None
12. Ligroines (VM & P).....................       8032-32-4           0      None
13. Lactol spirits.........................      64742-89-6           0.15   Toluene
14. Low aromatic white spirit..............      64742-82-1           0      None
15. Mineral spirits........................      64742-88-7           0.01   Xylenes
16. Hydrotreated naphtha...................      64742-48-9           0      None
17. Hydrotreated light distillate..........      64742-47-8           0.001  Toluene
18. Stoddard solvent.......................       8052-41-3           0.01   Xylenes
19. Super high-flash naphtha...............      64742-95-6           0.05   Xylenes
20. Varsol  solvent..............       8052-49-3           0.01   0.5% xylenes, 0.5% 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 4 to Subpart MMMM of Part 63.--Default Organic HAP Mass Fraction
                     for Petroleum Solvent Groups a
------------------------------------------------------------------------
                                     Average
                                     organic      Typical organic HAP,
           Solvent type             HAP, mass        percent by mass
                                     fraction
------------------------------------------------------------------------
Aliphatic \b\....................         0.03  1% Xylene, 1% Toluene,
                                                 and 1% Ethylbenzene
Aromatic \c\.....................         0.06  4% Xylene, 1% Toluene,
                                                 and 1% Ethylbenzene
------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the
  solvent blends in table 3 to this subpart and you only know whether
  the blend is aliphatic or aromatic.
\b\ e.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
  Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
  Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
  Naphtha, Solvent Blend.
\c\ e.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha,
  Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic
  Hydrocarbons, Light Aromatic Solvent.

[FR Doc. 02-14759 Filed 8-12-02; 8:45 am]
BILLING CODE 6560-50-P