[Federal Register Volume 67, Number 233 (Wednesday, December 4, 2002)]
[Proposed Rules]
[Pages 72276-72327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29073]



[[Page 72275]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



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

  Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / 
Proposed Rules  

[[Page 72276]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-7385-7]
RIN 2060-AG57


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: This action proposes national emission standards for hazardous 
air pollutants (NESHAP) for plastic 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 proposed rule would protect air quality and promote the 
public health by reducing emissions of HAP emitted in the largest 
quantities by facilities in the surface coating of plastic parts and 
products source category to include methyl ethyl ketone (MEK), methyl 
isobutyl ketone (MIBK), toluene, and xylenes. Exposure to these 
substances has been demonstrated to cause adverse health effects such 
as irritation of the lung, skin, and mucous membranes, and effects on 
the central nervous system, liver, and heart. 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 80 percent.

DATES: Comments. Submit comments on or before February 3, 2003.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing, they should do so by December 24, 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, written comments should be 
submitted (in duplicate if possible) to: Air and Radiation Docket and 
Information Center (6102T), Attention Docket Number A-99-12, 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 (6102T), Attention Docket 
Number A-99-12, U.S. EPA, Public Reading Room, Room B102, EPA West 
Building, 1301 Constitution Avenue, NW, 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-99-12 contains supporting information used in 
developing the proposed standards. The docket is located at the U.S. 
EPA, Public Reading Room, Room B102, EPA West Building, 1301 
Constitution Avenue, NW, Washington DC 20460, and may be inspected from 
8:30 a.m. to 4:30 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[reg] file format. All comments and data submitted in 
electronic form must note the docket number: A-99-12. 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, 109 TW Alexander Drive, Research 
Triangle Park, NC 27709. 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 the 
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) 566-1742. A reasonable fee may be charged for copying docket 
materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of this proposed rule will also be available on the 
WWW through the Technology Transfer Network (TTN). Following signature 
by the EPA Administrator, a copy of the proposed rule will be posted on 
the TTN's policy and guidance page for newly proposed or promulgated 
rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control. If more 
information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.
    Regulated Entities. The source category definition includes 
facilities that apply coatings to plastic parts and

[[Page 72277]]

products. In general, facilities that coat plastic parts and products 
are covered under the Standard Industrial Classification (SIC) and 
North American Industrial Classification System (NAICS) codes listed in 
Table 1. However, facilities classified under other SIC or NAICS codes 
may be subject to the proposed standards if they meet the applicability 
criteria. Not all facilities classified under the SIC and NAICS codes 
in the following table will be subject to the proposed standards 
because some of the classifications cover products outside the scope of 
the NESHAP for plastic parts and products.

                Table 1.--Categories and Entities Potentially Regulated by the Proposed Standards
----------------------------------------------------------------------------------------------------------------
                                                                                        Examples of potentially
             Category                  SIC                      NAICS                      regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial........................       2522  337214................................  Office furniture, except
                                                                                        wood.
                                         3086  32614, 32615..........................  Plastic foam products
                                                                                        (e.g., pool floats,
                                                                                        wrestling mats, life
                                                                                        jackets).
                                         3089  326199................................  Plastic products not
                                                                                        elsewhere classified
                                                                                        (e.g., name plates, coin
                                                                                        holders, storage boxes,
                                                                                        license plate housings,
                                                                                        cosmetic caps, cup
                                                                                        holders).
                                         3579  333313................................  Office machines.
                                         3663  33422.................................  Radio and television
                                                                                        broadcasting and
                                                                                        communications equipment
                                                                                        (e.g., cellular
                                                                                        telephones).
                                         3711  336211................................  Motor Vehicle Body
                                                                                        Manufacturing.
                                         3714  336399................................  Motor vehicle parts and
                                                                                        accessories.
                                         3715  336212................................  Truck Trailer
                                                                                        Manufacturing.
                                         3716  336213................................  Motor Home Manufacturing.
                                         3792  336214................................  Travel Trailer and Camper
                                                                                        Manufacturing.
                                         3799  336999................................  Transportation equipment
                                                                                        not elsewhere classified
                                                                                        (e.g., snowmobile hoods,
                                                                                        running boards, tractor
                                                                                        body panels, personal
                                                                                        watercraft parts).
                                         3841  339111, 339112........................  Medical equipment and
                                                                                        supplies.
                                         3949  33992.................................  Sporting and athletic
                                                                                        goods.
                                         3993  33995.................................  Signs and advertising
                                                                                        specialties.
                                         3999  339999................................  Manufacturing industries
                                                                                        not elsewhere classified
                                                                                        (e.g., bezels, consoles,
                                                                                        panels, lenses).
Federal, State, and Local           .........  ......................................  Government owned or
 Governments.                                                                           operated facilities that
                                                                                        perform plastic parts
                                                                                        and products surface
                                                                                        coating. Examples
                                                                                        include Department of
                                                                                        Defense facilities.
----------------------------------------------------------------------------------------------------------------

    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.  
63.4481 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 plastic parts and products?
II. Summary of the Proposed Rule
    A. What source categories and subcategories are affected by this 
proposed rule?
    B. What is the relationship to other rules?
    C. What are the primary sources of emissions and what are the 
emissions?
    D. What is the affected source?
    E. What are the emission limits, operating limits, and other 
standards?
    F. What are the testing and initial compliance requirements?
    G. What are the continuous compliance provisions?
    H. What are the notification, recordkeeping, and reporting 
requirements?
III. Rationale for Selecting the Proposed Standards
    A. How did we select the source category and subcategories?
    B. How did we select the regulated pollutants?
    C. How did we select the affected source?
    D. How did we determine the basis and level of the proposed 
standards for 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 Plastic 
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

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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 Plastic Parts and Products?

    The major HAP emitted from the plastic parts and products surface 
coating industry include MEK, MIBK, toluene, and xylenes. These 
compounds account for over 85 percent of the nationwide HAP emissions 
from this source category. Other HAP identified in emissions include 
ethylene glycol monobutyl ether (EGBE) and glycol ethers. The HAP that 
would be controlled with this proposed rule are associated with a 
variety of adverse health effects. These adverse health effects include 
chronic health disorders (e.g., birth defects and effects on the 
central nervous system, liver, and heart), and acute health disorders 
(e.g., irritation of the lung, skin, and mucous membranes, 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 and Subcategories Are Affected By This 
Proposed Rule?

    The proposed rule will apply to you if you own or operate a plastic 
parts and products surface coating facility that is a major source, or 
is located at a major source, or is part of a major source of HAP 
emissions. We have defined a plastic parts and products surface coating 
facility as any facility engaged in the surface coating of any plastic 
part or product.
    You will not be subject to the proposed rule if your plastic 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 source category does not include research or laboratory 
facilities or janitorial, building, and facility maintenance 
operations, or hobby shops that are operated for personal rather than 
commercial purposes. The source category also does not include coating 
of magnet wire, coating of plastics to produce fiberglass boats (except 
post-mold coating of personal watercraft or their parts), or the 
extrusion of plastic onto a part or product to form a coating. Post-
mold coating of personal watercraft and their parts is included in the 
source category.
    This source category also does not include surface coating of 
plastic parts and products that would be subject to certain other 
subparts of 40 CFR part 63. In particular, it does not include the 
following coating operations:
    (1) Coating operations that are subject to the aerospace 
manufacturing and rework facilities NESHAP (40 CFR part 63, subpart 
GG).
    (2) Operations coating plastic and wood that are subject to the 
wood furniture NESHAP (40 CFR part 63, subpart JJ).
    (3) Operations coating plastic and metal parts of large appliances 
that are subject to the large appliance surface coating NESHAP (40 CFR 
part 63, subpart NNNN, 67 FR 48254, July 23, 2002).
    (4) Operations coating plastic and metal parts of metal furniture 
that would be subject to the proposed metal furniture surface coating 
NESHAP (67 FR 20206, April 24, 2002).
    (5) Operations coating plastic and wood parts of wood building 
products that would be subject to the proposed wood building products 
surface coating NESHAP (67 FR 42400, June 21, 2002).
    (6) In-mold and gel coating operations in manufacturing of 
reinforced plastic composites that are subject to the proposed 
reinforced plastics composites production NESHAP (66 FR 40324, August 
2, 2001).
    (7) Surface coating of parts that are pre-assembled from plastic 
and metal components, where greater than 50 percent of the surface area 
coated is metal and subject to the proposed NESHAP for the surface 
coating of miscellaneous metal parts and products (subpart MMMM of part 
63; 67 FR 52780, August 13, 2002). If you can demonstrate that more 
than 50 percent of the surface area coated is comprised of metal, then 
you would need to demonstrate compliance only with the proposed NESHAP 
for miscellaneous metal parts and products (proposed subpart MMMM of 
part 63; 67 FR 52780, August 13, 2002). You must maintain records to 
document that more than 50 percent of the surface area coated is metal.
    We have established four subcategories in the plastic parts and 
products surface coating source category: (1) General use coating, (2) 
thermoplastic olefin (TPO) coating, (3) headlamp coating, and (4) 
assembled on-road vehicle coating. The general use coating subcategory 
includes all plastic parts and products coating operations except TPO, 
headlamp, and assembled on-road vehicle coating. This includes 
operations that coat a wide variety of substrates, surfaces, and types 
of plastic parts, as well as more specialized coating scenarios. Each 
subcategory consists of all coating operations, including associated 
surface

[[Page 72279]]

preparation, equipment cleaning, mixing, storage, and waste handling.
    As discussed in section III.A. of this preamble, our analysis of 
data currently available to us indicates that while subcategories for 
headlamp coating, TPO coating, and assembled on-road vehicle coating 
are appropriate, there is no need for further subcategorization. We 
are, however, interested in public comments regarding whether there is 
additional information that would indicate the need for a separate 
subcategory for other plastic coating operations. Subcategorization may 
be appropriate in operations that employ separate and distinct 
processes for which there is no technology available (including 
reformulation) to allow compliance with the general use limits. We 
welcome public comments and data on any additional separate and 
distinct coating operations, including facility-specific data on 
processes, coating and cleaning material usage, emissions, and control 
techniques that may require consideration for subcategorization.
    Late in development of the proposed rule, Department of Defense 
(DoD) stakeholders approached EPA and suggested that their operations 
are distinctly different from the kinds of operations addressed in 
these standards. Furthermore, DoD operations may present unique 
challenges in permitting, demonstrating compliance, and enforcement of 
potentially overlapping regulations. The DoD stakeholders suggested 
that a separate subcategory or source category dealing with multiple 
surface coating operations performed by DoD civilian and military 
personnel or performed at DoD installations may be appropriate.
    Some of the specific concerns expressed by DoD stakeholders include 
the requirement to purchase materials that meet military specifications 
for their surface coating operations. Military specifications are 
typically based on the coating's performance characteristics (e.g., 
chemical agent resistance), and the coatings must often be compatible 
with multiple substrates. These materials are purchased using a stock 
number which could represent hundreds of different formulations that 
meet the performance specifications; however, the HAP content of such 
materials could fluctuate widely between formulations. Additionally, 
since the materials may be used at the maintenance depot, DoD 
installation, or in the field, the options available to achieve 
emissions reductions (e.g., add-on control technology) could be 
limited. Furthermore, much of DoD equipment is coated as an assembled 
product comprised of as many as five different substrates, in a wide 
range of shapes and sizes, which must be capable of serving in a 
multitude of challenging environments and situations. We are currently 
evaluating the need for a DoD source category or subcategory, and we 
request comment on the appropriate approach for addressing unique DoD 
coating operations.
    An alternative approach to establishing separate emission limits 
for each subcategory would be to establish a ``multi-component'' 
emission limit for the entire source category. A multi-component 
approach could allow sources to calculate a source-specific emission 
limit based on a weighted-average using the MACT limit and the 
percentage solids for each component of the limit. The source would 
then calculate its emission rate to determine compliance with the 
source-specific emission limit.
    The source-specific emission limit would be calculated as follows:

Emission Limit = [``component A'' MACT limit) x (``component A'' 
%solids)]+ [``component B'' MACT limit) x (``component B'' % solids)]

    The source's emission rate would be calculated as follows:
    [GRAPHIC] [TIFF OMITTED] TP04DE02.000
    
    The source-specific approach would allow averaging between the 
different components of the multi-component emission limit. However, 
there would be some additional requirements. In addition to the 
monitoring, recordkeeping, and reporting requirements included in these 
proposed standards, the multi-component emission limit approach would 
require a source to calculate and record the source-specific emission 
limit each month. The calculation would reflect a rolling 12-month 
compliance period based on the amount of coating solids used for each 
separate component during each rolling 12-month period.
    We are requesting comments on the feasibility, and burden 
associated with each of the approaches (i.e., subcategory or multi-
component emission limits). Comments should include specific examples 
and supporting information for the advantages and disadvantages of each 
approach.

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 parts or products 
that are regulated by other NESHAP. For example, there may be 
facilities that coat plastic and metal parts using the same or 
different coatings, coating application processes, and conveyance 
equipment, either simultaneously or at alternative times. These 
facilities could be required to demonstrate compliance with two surface 
coating NESHAP (e.g., proposed subparts MMMM (67 FR 52780, August 13, 
2002) and PPPP) with limits based on different units (i.e., pounds HAP 
emitted per gallon of coating solids used versus pounds HAP emitted per 
pound of coating solids used) and possibly different compliance dates. 
Furthermore, because their operations may not be dedicated to 
particular parts or products (e.g., job shops or contract coaters), 
their compliance requirements could vary over time due to fluctuations 
in their operations. These types of facilities may present unique 
challenges with respect to permitting, demonstrating compliance (e.g., 
possibly dual recordkeeping and reporting requirements), and 
enforcement.
    Historically, EPA has handled this situation by giving facilities 
the option of complying with the NESHAP with the most stringent 
emission limits (i.e., the NESHAP that results in the lowest emissions 
from the affected source), in lieu of complying with each otherwise 
applicable NESHAP. This option would require sources to demonstrate 
which of the applicable standards is the most stringent. This 
demonstration is necessary because, as stated previously, the emission 
limits may be expressed in different units. Under this compliance 
option, once the demonstration is made, a facility would ensure that 
all coating operations covered by a NESHAP comply with the single, more 
stringent NESHAP. This option allows a facility operational 
flexibility, while ensuring that the facility is in compliance with the 
requirements of the CAA (i.e.,

[[Page 72280]]

achieving emissions reductions consistent with section 112(d)). This 
option may also simplify permitting and provide clarity for compliance 
and enforcement. The EPA believes that this approach towards addressing 
potentially overlapping regulations is appropriate in this proposed 
rule and solicits comments on the desirability of providing such a 
compliance option.
    A second option which may provide facilities with the desired 
operational flexibility is the ``predominant activity'' approach which 
was shared with stakeholders in May 2001. This approach would allow a 
facility to determine the predominant coating activity (e.g., plastic 
parts) among all the coating activities that are subject to a NESHAP 
(e.g., plastic parts and miscellaneous metal products) and demonstrate 
compliance with the NESHAP established for the source category 
represented by the predominant activity. A source not electing to 
comply with the predominant activity option would continue to be 
subject to separate NESHAP and would need to demonstrate compliance 
with each one.
    Although EPA received encouraging feedback for a predominant 
activity approach from many stakeholders (e.g., industry 
representatives, State and local authorities), there were few 
suggestions on either how to measure and document predominant (e.g., 
surface area coated, volume solids used, etc.) or the appropriate 
criteria for establishing which activity is predominant (e.g., a 
numerical percent of the facility's surface coating operations that 
would qualify appropriately as predominant).
    In defining a predominant activity approach, the criteria used to 
define predominant should, for practical reasons, minimize fluctuation 
of the predominant activity between different source categories at job 
shops/contract coaters. In addition, the basis (e.g., surface area 
coated, volume solids used, etc.) for measuring predominant would need 
to be established and should be suitable for all sources. One possible 
way to help minimize fluctuation over time in what is identified as the 
predominant activity would be to base predictions about which activity 
would be predominant on appropriate records for the most recent 3-5 
years. Sources would then comply with the NESHAP relevant to that 
predominant activity under its operating permit and would have the 
opportunity to review its predominant activity designation, and modify 
as appropriate, during each permit renewal.
    In implementing a predominant activity option, EPA needs to balance 
good public policy (avoiding overlapping regulations where feasible and 
sensible) with ensuring emissions reductions consistent with the 
legislative mandate of sections 112(d)(3) and (i)(3) of the CAA (i.e., 
ensuring emission reductions achieved under the predominant activity 
option are comparable to those achieved through compliance with each 
applicable NESHAP separately). We specifically request comment on how a 
predominant activity approach should be structured to ensure that 
emission reductions achieved are consistent with the requirements of 
sections 112(d)(3) and (i)(3).
    A third option under consideration is the development of a 
subcategory for facilities with coating operations that would otherwise 
be subject to more than one coating NESHAP. Based on survey data 
collected under CAA section 114, we would establish a MACT floor that 
reflects HAP emission rates from the relevant coating operations. The 
practical advantages associated with this approach are similar to the 
benefits stated for the more stringent NESHAP approach (i.e., 
simplification of permitting, clarity of requirements, and achieving 
mandated emissions reductions). This approach may also limit the need 
for separate tracking systems for surface coating operations. A 
disadvantage with this option is that it may not afford facilities as 
much operational flexibility as the other two options.
    A fourth option is to expand the definition of the source category 
and four subcategories currently under consideration to include 
``incidental'' surface coating operations being performed on other 
substrates (e.g. metal) that meet the applicability criteria for 
another surface coating source category. Under this approach, a 
facility could demonstrate that a specified percentage of its NESHAP-
regulated surface coating activities are within the scope of a specific 
category or subcategory. The remaining NESHAP-regulated coating 
operations would be considered incidental for purposes of determining 
which category or subcategory the overall operations were in, as they 
would represent a small portion of the total coating operations. Once 
this demonstration is made, all NESHAP-regulated coating operations 
conducted at the facility would be included in, and subject to, the 
emission limitations for the primary source category.
    We request comment on the feasibility, benefits, and disadvantages 
associated with each option presented. We also request comment on 
additional options for consideration. For all options, we request 
facility-specific data that would support the recommended option. These 
data include information on the processes; coating and cleaning 
material usage; the proportion of coating and cleaning material being 
used with different substrates; and the difference in the emission 
reductions achieved based on complying with each applicable NESHAP 
separately and the option being recommended. Additionally, we request 
comment and supporting documentation on the criteria (e.g., numerical 
percentage) and basis (e.g., surface area coated) for determining 
predominant activity and defining incidental operations. Finally, we 
request comment on the burden associated with monitoring, 
recordkeeping, and reporting for each option.
Standards of Performance for Industrial Surface Coating: Surface 
Coating of Plastic Parts for Business Machines--40 CFR Part 60, Subpart 
TTT
    The new source performance standards (NSPS) for plastic parts for 
business machines apply to facilities that apply coatings to plastic 
parts for use in business machines that began construction, 
reconstruction, or modification after January 8, 1986. The pollutants 
regulated are volatile organic compounds (VOC). Emissions of VOC are 
limited to 1.5 kilogram VOC per liter (kg VOC/liter) of coating solids 
applied for primers and color coats, and 2.3 kg VOC/liter of coating 
solids applied for texture coatings and touch-up coatings. The affected 
facility is each individual spray booth.
    The proposed rule differs from the NSPS in three ways. First, the 
affected source for the proposed rule is defined broadly as the 
collection of all coating operations and related activities and 
equipment at the facility, whereas the affected facility for the NSPS 
is defined narrowly as each individual spray booth. The broader 
definition of an affected source allows a facility's emissions to be 
combined for compliance purposes. Second, the proposed rule regulates 
organic HAP. While most, although not all, organic HAP emitted from 
plastic parts and products surface coating operations are VOC, some VOC 
are not listed as HAP. Therefore, the NSPS regulate a potentially 
different range of pollutants than the proposed NESHAP. Third, the HAP 
emission limitations in the proposed rule are based on the amount of 
coating solids used at the affected source. The VOC limitations in the 
NSPS are based on the amount of coating solids actually applied to the

[[Page 72281]]

plastic parts and products, which necessitates estimates of transfer 
efficiency in the compliance calculations.
    Because of the differences between the NSPS and the proposed 
NESHAP, compliance with either rule cannot be deemed compliance with 
the other. A plastic parts and products surface coating operation that 
meets the applicability requirements of both the NSPS and the proposed 
NESHAP must comply with both. Overlapping reporting, recordkeeping, and 
monitoring requirements may be resolved through your title V permit.
Aerospace Manufacturing and Rework Facilities NESHAP (40 CFR Part 63, 
Subpart GG)
    The aerospace NESHAP establish HAP and VOC emission limitations for 
aerospace manufacturing and rework facilities that produce or repair 
aerospace vehicles (e.g., airplanes, helicopters, space vehicles) or 
vehicle parts. The aerospace NESHAP apply only to parts and assemblies 
that are critical to the aerospace vehicle's structural integrity or 
flight performance. Therefore, the possibility exists that some 
facilities would be subject to the requirements of both the aerospace 
NESHAP and the proposed plastic parts and products surface coating 
NESHAP. For example, a facility that performs maintenance operations 
consisting of both exterior and interior reconstruction and overhaul of 
commercial airplanes may perform coating of plastic parts, such as tray 
tables and seat panels, that are not considered critical to the 
structural integrity or flight performance. These parts may be removed 
from the airplane and painted on-site to cover scratches and other wear 
marks before being reinstalled. Such coating activities and associated 
equipment would be subject to the proposed plastic parts and products 
coating NESHAP.
    We do not foresee that any conflicts will exist between the 
requirements for the aerospace NESHAP and the proposed plastic parts 
and products surface coating NESHAP. If a plastic part that is critical 
to the aerospace vehicle's structural integrity or flight performance 
is coated, the coating operation for that part will fall under the 
aerospace NESHAP. Only plastic parts that are not critical to the 
aerospace vehicle's structural integrity or flight performance will 
fall under the proposed plastic parts and products surface coating 
NESHAP.

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

    The proposed NESHAP would regulate emissions of organic HAP. 
Available emission data collected during the development of the 
proposed NESHAP show that the primary organic HAP emitted from plastic 
parts and products surface coating operations include MEK, MIBK, 
toluene, and xylenes. These compounds account for over 85 percent of 
this source category's nationwide organic HAP emissions. Other organic 
HAP emissions identified include EGBE and glycol ethers. The majority 
of organic HAP emissions from a facility engaged in plastic parts and 
products surface coating operations can be attributed to the 
application, drying, and curing of coatings. The remaining emissions 
are primarily from cleaning operations. In most cases, organic HAP 
emissions from mixing, storage, and waste handling are relatively 
small.
    The organic HAP emissions associated with coatings (the term 
``coatings'' includes protective and decorative coatings as well as 
adhesives) occur due to volatilization of solvents and carriers. 
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 a 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 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 are other sources of emissions. Organic HAP 
emissions can occur from displacement of organic vapor-laden air in 
containers used to store organic HAP solvents or to mix coatings 
containing organic 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. 
Volatilization of organic HAP can also occur during waste handling.

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 plastic parts and products within each of the four 
subcategories (TPO, headlamps, assembled on-road vehicle and general 
use). These operations include preparation of a coating for application 
(e.g., mixing with thinners or other additives); surface preparation of 
the plastic parts and products; 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.
    A few facilities have coating operations in more than one 
subcategory. For example, a few facilities have TPO coating operations 
that are in the TPO coating subcategory and also have other plastic 
parts and products coating operations that are in the general use 
coating subcategory. In such a case, the facility would have two 
separate affected sources: (1) The collection of all operations 
associated with the surface coating of TPO, and (2) the collection of 
all operations associated with general use coating. Each of these 
affected sources would be required to meet the emission limits that 
apply to its subcategory.
    Another example of a facility with coating operations in more than 
one subcategory would be a facility that assembles and paints motor 
homes. The use of adhesives, caulks, sealants, and associated materials 
in assembling the motor home would be in the general use coating 
subcategory and would constitute one affected source. The use of 
coatings and associated materials in painting the assembled motor home 
would be in the assembled on-road vehicle subcategory and would 
constitute a second affected source.

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

    Emission Limits. We are proposing to limit organic HAP emissions 
from each existing affected source using the emission limits in Table 
2. The proposed emission limits for each new

[[Page 72282]]

or reconstructed affected source are given in Table 3.

         Table 2.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
                                              The organic HAP emission
                                             limit you must meet, in kg
 For any affected source applying coating      organic HAP emitted/kg
                 to . . .                      coating solids used (lb
                                             organic HAP source emitted/
                                            lb coating solids used), is:
------------------------------------------------------------------------
TPO substrates............................  0.23
Headlamps.................................  0.45
Aassembled on-road vehicles...............  1.34
Other (general use) plastic parts and       0.16
 products.
------------------------------------------------------------------------


   Table 3.--Emission Limits for New or Reconstructed Affected Sources
------------------------------------------------------------------------
                                              The organic HAP emission
                                             limit you must meet, in kg
 For any affected source applying coating      organic HAP emitted/kg
                 to . . .                      coating solids used (lb
                                               organic HAP emitted/lb
                                              coating solids used), is:
------------------------------------------------------------------------
TPO substrates............................  0.17
Headlamps.................................  0.26
Assembled on-road vehicles................  1.34
Other (general use) plastic parts and       0.16
 products.
------------------------------------------------------------------------

    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 other additives, 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 (e.g., a hood 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 prepare and implement an 
inspection and maintenance plan that includes periodic catalyst 
activity checks. 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 for which you do not conduct a liquid-liquid material 
balance, you would monitor the outlet gas temperature from the 
condenser. For concentrators, you would monitor the temperature of the 
desorption stream and the pressure drop across the concentrator.
    The site-specific parameter limits that you establish must reflect 
operation of the capture system and control device 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.
    If you use a capture system and control device for compliance, you 
would be required to develop and operate according to a startup, 
shutdown, and malfunction plan (SSMP) during periods of startup, 
shutdown, or malfunction of the capture system and control device.
    The NESHAP General Provisions at 40 CFR part 63, subpart A, codify 
certain procedures and criteria for all 40 CFR part 63 NESHAP and would 
apply to you as indicated in the proposed rule. The General Provisions 
contain administrative procedures, preconstruction review procedures 
for new sources, and procedures for conducting compliance-related 
activities such as notifications, reporting and recordkeeping, 
performance testing, and monitoring. The proposed rule refers to 
individual sections of the General Provisions to emphasize key sections 
that are relevant. However, unless specifically overridden in the 
proposed rule, all of the applicable General Provisions requirements 
would apply to you.

F. What Are the Testing and Initial Compliance Requirements?

    Existing affected sources would have to be in compliance with the 
final rule no later than 3 years after the effective date of the final 
rule. New and reconstructed sources would have to be in compliance upon 
initial startup of the affected source or by the effective date of the 
final rule, whichever is later. The effective date is the date on which 
the final rule is published in the Federal Register. However, affected 
sources would not be required to demonstrate compliance until the end 
of the initial compliance period when they will have accumulated the 
necessary records to document the rolling 12-month organic HAP emission 
rate.
    Compliance with the emission limits is based on a rolling 12-month 
organic HAP emission rate determined each month. Each 12-month period 
is a compliance period. The initial compliance period, therefore, is 
the 12-month period beginning on the compliance date. If the compliance 
date occurs on any day other than the first day of a month, then the 
initial compliance period begins on the compliance date and extends 
through the end of that month plus the following 12 months. We have 
defined ``month'' as a calendar month or a pre-specified period of 28 
to 35 days to allow for flexibility at sources where data are based on 
a business accounting period.
    Being ``in compliance'' means that the owner or operator of the 
affected source meets the requirements to achieve the proposed emission 
limitations during the initial compliance period. However, they will 
not have accumulated the records for the rolling 12-month organic HAP 
emission rate until 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 with the organic HAP emission limit and other 
applicable requirements for that period. If the affected source does 
not meet the applicable limit and other requirements, it is out of 
compliance.
    Emission Limits. There are three proposed options for complying 
with

[[Page 72283]]

the proposed emission limits, and the testing and initial compliance 
requirements vary accordingly. You may choose to use one compliance 
option for the entire affected source, or you may use different 
compliance options for different coating operations within the affected 
source. You may also use different compliance options for the same 
coating operation at different times.
Option 1: Compliant Materials
    This option is a pollution prevention option that allows you to 
easily demonstrate compliance by using low-HAP or non-HAP coatings and 
other materials. If you use coatings that, based on their organic HAP 
content, individually meet the kg (pound (lb)) organic HAP emitted per 
kg (lb) coating solids used levels in the applicable emission limits 
and you use non-HAP thinners and other additives and cleaning 
materials, this compliance option is available to you. For this option, 
we have minimized recordkeeping and reporting requirements. You can 
demonstrate compliance by using manufacturer's formulation data and 
readily available purchase records to determine the organic HAP content 
of each coating or other material and the amount of each material used. 
You would not need to perform any detailed emission rate calculations.
    If you demonstrate compliance based on the coatings and other 
materials used, you would demonstrate that the organic HAP content of 
each coating meets the emission limits for the appropriate subcategory 
as shown in Tables 2 and 3, and that you used no organic HAP-containing 
thinners, other additives, or cleaning materials. For example, if you 
are using the compliant materials option and your existing source has 
TPO coating operations, headlamp coating operations, assembled on-road 
vehicle coating operations, and general use coating operations, you 
would demonstrate that: (1) Each coating used in the TPO coating 
operation has an organic HAP content no greater than 0.23 kg (0.23 lb) 
organic HAP emitted per kg (lb) coating solids used; (2) each coating 
used in the headlamp coating operations has an organic HAP content no 
greater than 0.45 kg (0.45 lb) organic HAP emitted per kg (lb) coating 
solids used; (3) each coating used in the assembled on-road vehicle 
coating operations has an organic HAP content no greater than 1.34 kg 
(1.34 lb) organic HAP emitted per kg (lb) coating solids used; (4) each 
general use coating has an organic HAP content no greater than 0.16 kg 
(0.16 lb) organic HAP emitted per kg (lb) coating solids used; (5) and 
that you used no organic HAP-containing thinners, other additives, or 
cleaning materials. Note that ``no organic HAP'' is not intended to 
mean absolute zero. Materials that contain ``no organic HAP'' should be 
interpreted to mean materials that contain organic HAP levels below the 
levels specified in Sec.  63.4541(a) of the proposed rule, which are 
typical reporting levels. These typical reporting levels only count 
organic HAP that are present at 0.1 percent or more by mass for 
Occupational Safety and Health Administration (OSHA)-defined 
carcinogens and at 1.0 percent or more by mass for other compounds.
    To determine the mass of organic HAP in coatings, thinners, and 
cleaning materials and the mass fraction of coating solids, you could 
rely on manufacturer's formulation data. You would not be required to 
perform tests or analysis of the material if formulation data are 
available. Alternatively, you could use results from the test methods 
listed below. You may also 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. If you elect to perform tests:
    [sbull] For organic HAP content, use Method 311 of 40 CFR part 63, 
appendix A.
    [sbull] The proposed rule would allow you to use nonaqueous 
volatile matter as a surrogate for organic HAP, which would include all 
organic HAP plus all other organic compounds, and excluding water. If 
you choose this option, use Method 24 of 40 CFR part 60, appendix A.
    [sbull] For mass fraction of coating solids, use Method 24.
Option 2: Compliance Based on the Emission Rate Without Add-on Controls
    This option is a pollution prevention option where you can 
demonstrate compliance based on the organic HAP contained in the mix of 
coatings, thinners and other additives, and cleaning materials you use. 
This option allows you the flexibility to use some individual coatings 
that do not, by themselves, meet the kg (lb) organic HAP emitted per kg 
(lb) coating solids used levels in the applicable emission limits if 
you use other low-HAP or non-HAP coatings such that overall emissions 
from the affected source over a 12-month period meet the emission 
limits. You must use this option if you use HAP-containing thinners, 
other additives, and cleaning materials and do not have add-on 
controls. You would keep track of the mass of organic HAP in each 
coating, thinner or other additive, and cleaning material, and the 
amount of each material you use in your affected source each month of 
the compliance period. You would use this information to determine the 
total mass of organic HAP in all coatings, thinners and other 
additives, and cleaning materials divided by the total mass of coating 
solids used during the compliance period. You would demonstrate that 
your emission rate (in kg (lb) organic HAP emitted per kg (lb) coating 
solids used) meets the applicable emission limit. You can use readily 
available purchase records and manufacturer's formulation data to 
determine the amount of each coating or other material you used and the 
organic HAP in each material. The proposed rule contains equations that 
show you how to perform the calculations to demonstrate compliance.
    If you demonstrate compliance using Option 2, you would be required 
to:
    [sbull] Determine the quantity of each coating, thinner and other 
additive, and cleaning material used.
    [sbull] Determine the mass of organic HAP in each coating, thinner 
and other additive, and cleaning material using the same types of data 
and methods previously described for Option 1. You may rely on 
manufacturer's formulation data or you may choose to use test results 
as described under Option 1.
    [sbull] Determine the mass fraction of coating solids for each 
coating using the same types of data or methods described under Option 
1.
    [sbull] Calculate the total mass of organic HAP in all materials 
and total mass of coating solids used each month. 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.
    [sbull] Calculate the total mass of organic HAP emissions and total 
mass of coating solids for the initial compliance period by adding 
together all the monthly values for mass of organic HAP and for mass of 
coating solids for the 12 months of the initial compliance period.
    [sbull] Calculate the ratio of the total mass of organic HAP 
emitted for the materials used to the total mass of coating solids used 
(kg (lb) organic HAP emitted per kg (lb) of coating solids used) for 
the initial compliance period.

[[Page 72284]]

    [sbull] Record the calculations and results and include them in 
your Notification of Compliance Status.
    Note that if you choose to use this option for a particular coating 
operation rather than for an entire affected source, you would 
calculate the organic HAP emission rate using just the materials used 
in that operation. Similarly, if your facility has multiple affected 
sources using this option (e.g., a TPO affected source, a headlamp 
affected source, an assembled on-road vehicle affected source, and a 
general use affected source), you would do a separate calculation for 
each affected source to show that each affected source meets its 
emission limit.
Option 3: Emission Rate With Add-on Controls Option
    This option allows sources to use a capture system and an add-on 
pollution control device, such as a combustion device or a recovery 
device, to meet the emission limits. While we believe that, based on 
typical emission characteristics, most sources will not use control 
devices, we are providing this option for sources that can use control 
devices. Fewer than 10 percent of the existing sources for which we 
have data use control devices and may continue using the control 
devices for compliance with the proposed standards. Under this option, 
testing is required to demonstrate the capture system and control 
device efficiency. Alternatively, you may conduct a liquid-liquid 
material balance to demonstrate the amount of organic HAP collected by 
your recovery device. The proposed rule provides equations showing you 
how to use records of materials usage, organic HAP contents of each 
material, capture and control efficiencies, and coating solids content 
to calculate your emission rate during the compliance period.
    If you demonstrate compliance based on this option, you would 
demonstrate that your emission rate considering controls (in kg (lb) 
organic HAP emitted per kg (lb) of coating solids used) is less than 
the applicable emission limit. For 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 would be as follows:
    [sbull] 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.
    [sbull] Determine the mass of organic HAP in each coating and other 
material, and the mass fraction of coating solids for each coating used 
each month of the initial compliance period.
    [sbull] Calculate the total mass of organic HAP in all coatings and 
other materials, and total mass of coating solids used each month in 
the controlled operation or group of coating operations. You may 
subtract from the total mass of organic HAP the amount contained in 
waste materials you send to a hazardous waste treatment, storage, and 
disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
    [sbull] Calculate the organic HAP emissions from the controlled 
coating operations each month 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 that 
month.
    [sbull] Calculate the total mass of organic HAP emissions and total 
volume of coating solids for the initial compliance period by adding 
together all the monthly values for mass of organic HAP emissions and 
for mass of coating solids for the 12 months in the initial compliance 
period.
    [sbull] Calculate the ratio of the total mass of organic HAP 
emissions to the total mass of coating solids used during the initial 
compliance period.
    [sbull] Record the calculations and results and include them in 
your Notification of Compliance Status.
    [sbull] Develop and implement a work practice plan to minimize 
emissions from storage, mixing, and handling of organic HAP-containing 
materials.
    Note that if you choose to use this option for a particular coating 
operation rather than for the entire affected source, you would 
calculate the organic HAP emission rate using just the materials used 
in that operation. Similarly, if your facility has multiple affected 
sources using this option (e.g., a TPO affected source, a headlamp 
affected source, an assembled on-road vehicle affected source, and a 
general use affected source), you would do a separate calculation for 
each affected source to show that each affected source meets its 
emission limit.
    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 use specified test methods to 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.  63.4565 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:
    [sbull] Method 1 or 1A for selection of the sampling sites.
    [sbull] Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate.
    [sbull] Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight.
    [sbull] Method 4 to determine stack moisture.
    [sbull] 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 choose to 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 controlled coating operations 
served by the solvent recovery system during each month of the initial 
compliance period and determine the total volatile matter contained in 
these materials. You would also measure the amount of volatile matter 
recovered by the solvent recovery system during each month of the 
initial compliance period. Then you would compare the amount recovered 
to the amount used to determine the overall control efficiency each 
month and apply this efficiency to the total mass of organic HAP in the 
materials used to determine total organic HAP emissions for the month. 
You would total these 12 monthly organic HAP emission values and divide 
by the total of the 12 monthly values for coating solids used to 
calculate the emission rate for the 12-month initial compliance period. 
You would record the calculations and

[[Page 72285]]

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, conducted 
under representative conditions, that demonstrated compliance with the 
emission limits.
    The proposed rule specifies the parameters to monitor for the types 
of emission control systems commonly used in the industry. You would be 
required to install, calibrate, maintain, and continuously operate all 
monitoring equipment according to manufacturer's specifications and 
ensure that the continuous parameter monitoring systems (CPMS) meet the 
requirements in Sec.  63.4568 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. For each 3-hour period, the average temperature 
and the average temperature difference would have to be at or above 
these limits. Alternatively, you would be allowed to meet only the 
temperature limit before the catalyst bed if you develop and implement 
an inspection and maintenance plan for the 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 at the time the 
carbon bed is returned to service (not to be exceeded) and the amount 
of steam or nitrogen used for desorption (to be met as a minimum).
    If you use a condenser and do not conduct liquid-liquid material 
balances to demonstrate compliance, you would monitor the outlet gas 
temperature to ensure that the air stream is being cooled to a low 
enough temperature. The operating limit would be the average condenser 
outlet gas temperature measured during the performance test and for 
each consecutive 3-hour period the average temperature would have to be 
at or below this limit.
    If you use a concentrator, you would monitor the temperature of the 
desorption concentrate stream and the pressure drop across the 
concentrator. These values would be recorded at least once every 15 
minutes. The operating limits would be the average temperature (to be 
met as a minimum) and the average pressure drop (not to be exceeded) 
measured during the performance test.
    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 a capture system and control device for 
compliance, 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. 
This plan would include a description of all steps taken to minimize 
emissions from these sources (e.g., using closed storage containers, 
practices to minimize emissions during filling and transfer of contents 
from containers, using spill minimization techniques, placing solvent-
laden cloths in closed containers immediately after use, etc.). You 
would have to make the plan available for inspection if the 
Administrator requests to see it.
    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 use the compliant materials option (Option 
1), you would demonstrate continuous compliance if each coating meets 
the applicable emission limit and you use no organic HAP-containing 
thinners, other additives, or cleaning materials. If you use the 
emission rate without add-on controls option (Option 2), you would 
demonstrate continuous compliance if, for each 12-month compliance 
period, the ratio of kg (lb) organic HAP emitted to kg (lb) coating 
solids used is less than or equal to the applicable emission limit. You 
would follow the same procedures for calculating the organic HAP 
emitted 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 (Option 3) other than a solvent recovery system for 
which you conduct a liquid-liquid material balance, you would use the 
continuous parameter monitoring results for the month as part of the 
determination of 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 the 
controlled coating operations to determine the emissions from those 
operations during the month. If there were any deviations from the 
operating limits during the month or any bypasses of the control 
device, you would account for them in the calculation of the monthly 
emissions by assuming the capture system and control device were 
achieving zero emission reduction during the periods of deviation. Then 
you would determine the organic HAP emission rate by dividing the total 
mass of organic HAP emissions for the 12-month compliance period by the 
total mass of coating solids used during the 12-month compliance 
period. Every month, you would calculate the emission rate for the 
previous 12-month period.

[[Page 72286]]

    For each coating operation on which you use a solvent recovery 
system and conduct a liquid-liquid material balance each month, you 
would use the liquid-liquid material balance to determine control 
efficiency. To determine the overall control efficiency, you must 
measure the amount of all materials used during each month and 
determine the volatile matter content of these materials. You must also 
measure the amount of volatile matter recovered by the solvent recovery 
system during the month, calculate the overall control efficiency, and 
apply it to the total mass of organic HAP in the materials used to 
determine total organic HAP emissions each month. Then you would 
determine the 12-month organic HAP emission rate in the same manner 
described above.
    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 with bypass 
lines that could allow emissions to bypass the control device, you 
would have to demonstrate that captured organic HAP emissions 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:
    [sbull] Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device;
    [sbull] Car-seal or lock-and-key valve closures to secure the 
bypass line valve in the closed position when the control device is 
operating;
    [sbull] Valve closure monitoring to ensure any bypass line valve or 
damper is closed when the control device is operating; or
    [sbull] Automatic shutdown system to stop the coating operation 
when flow is diverted from the control device.
    A deviation would occur for any period of time the bypass 
monitoring indicates that emissions are not routed to the control 
device.
    Work Practices. If you use an emission capture system and control 
device for compliance, you would be required to implement, on an 
ongoing basis, the work practice plan you developed during the initial 
compliance period. If you did not develop a plan for reducing organic 
HAP emissions or you do not implement the plan, this would be a 
deviation from the work practice standard.
    If you use a capture system and control device for compliance, you 
would be required to operate according to your SSMP during periods of 
startup, shutdown, or malfunction of the capture system and control 
device.

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

    You are required to comply with the applicable requirements in the 
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in 
the proposed rule. The General Provisions notification requirements 
include: initial notifications, notification of performance test if you 
are complying using a capture system and control device, notification 
of compliance status, and additional notifications required for 
affected sources with continuous monitoring systems. The General 
Provisions also require certain records and periodic reports.
    Initial Notifications. If you own or operate an existing affected 
source, 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 final rule is published in the Federal Register. 
For new and reconstructed sources, you must send the notification 
within 120 days after the date of initial startup 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 affected source that 
is subject to the proposed standards or that you have constructed a new 
affected source. 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. For a new or reconstructed 
affected source, the performance test would be required no later than 
180 days after startup or 180 days after Federal Register publication 
of the final rule, whichever is later. 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.
    Notification of Compliance Status. You must submit a Notification 
of Compliance Status within 30 days after the end of the initial 12-
month compliance period. In the notification, you must certify whether 
each 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 
provide information on any deviations from the emission limits, 
operating limits, or other requirements.
    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 must also include the measured range of 
each monitored parameter, 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 must 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:
    [sbull] Organic HAP content or volatile organic matter content and 
coating solids content (for all compliance options).
    [sbull] Quantity of the coatings, thinners and other additives, and 
cleaning materials used during each compliance period (for all 
compliance options).
    [sbull] For the emission rate (with or without add-on controls) 
compliance options, calculations of your emission rate for each 12-
month compliance period.
    [sbull] All documentation supporting initial notifications and 
notifications of compliance status.
    If you demonstrate compliance by using a capture system and control 
device, you must keep records of the following:
    [sbull] All required measurements, calculations, and supporting 
documentation needed to demonstrate compliance with the standards.

[[Page 72287]]

    [sbull] All results of performance tests and parameter monitoring.
    [sbull] All information necessary to demonstrate conformance with 
your plan for minimizing emissions from mixing, storage, and waste 
handling operations.
    [sbull] All information necessary to demonstrate conformance with 
the affected source's SSMP when the plan procedures are followed.
    [sbull] The occurrence and duration of each startup, shutdown, or 
malfunction of the emission capture system and control device.
    [sbull] Actions taken during startup, shutdown, and malfunction 
that are different from the procedures specified in the affected 
source's SSMP.
    [sbull] Each period during which a CPMS is malfunctioning or 
inoperative (including out-of-control periods).
    The proposed rule would require you to collect and keep records 
according to certain minimum data requirements for the CPMS. Failure to 
collect and keep the specified minimum data would be a deviation that 
is separate from any emission limits, operating limits, or work 
practice standards.
    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 organic 
HAP emissions, you would have to make your SSMP available for 
inspection if the Administrator requests to see it. The plan 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:
    [sbull] Report each deviation from the emission limit.
    [sbull] Report each deviation from the work practice standards if 
you use an emission capture system and control device.
    [sbull] If you use an emission capture system and control device 
other than a solvent recovery system for which you conduct liquid-
liquid material balances, report each deviation from an operating limit 
and each time a bypass line diverts emissions from the control device 
to the atmosphere.
    [sbull] Report other specific information on the periods of time 
the deviations occurred.
    You would also have to include in each semiannual report an 
identification of the compliance option(s) you used for each affected 
source and any time periods when you changed to another compliance 
option.
    Other Reports. You would be required to submit reports for periods 
of startup, shutdown, or malfunction of the capture system and control 
device. If the procedures you follow during any startup, shutdown, or 
malfunction are inconsistent with your plan, you would report those 
procedures with your semiannual reports in addition to immediate 
reports required by 40 CFR 63.10(d)(5)(ii).

III. Rationale for Selecting the Proposed Standards

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

    The surface coating of plastic 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 9.07 Mg (10 tons) of any one HAP or at least 22.7 Mg (25 
tons) of any combination of HAP annually. The proposed rule would 
control organic HAP emissions from both new and existing major sources. 
Area sources are not being regulated under this proposed rule.
    The plastic parts and products surface coating category consists of 
facilities that apply protective or decorative coatings and adhesive 
coatings to plastic parts and products through a post-mold coating 
process. The surface coating of plastic parts and products includes any 
facility engaged in the surface coating of plastic parts or products, 
including panels, housings, bases, covers, and other components formed 
of synthetic polymers. We use the plastic parts and products lists 
contained in the SIC and NAICS code descriptions to describe the vast 
array of plastic parts and products.
    Due to the broad scope of the plastic parts and products surface 
coating source category, the source category definition likewise needs 
to be broad in order to include the varieties of operations and 
activities that might occur at these facilities. However, a broad 
description has the potential to unintentionally include surface 
coating operations that we would not consider to be part of the source 
category. We intend the source category to include facilities for which 
the surface coating of plastic 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, such as 
automobile assembly plants that coat plastic automobile parts or 
accessories off the assembly line. Co-located surface coating 
operations comparable to the types and sizes of the dedicated plastic 
parts surface coating facilities, in terms of the coating operation and 
applicable emission control techniques, are included in the source 
category.
    We reviewed the available data and information to identify a 
descriptor common to sources we intended to include in the category 
that would further help to describe the category. Based on our review, 
we believe the quantity of coating used is the most equitable 
descriptor for purposes of defining the scope of the category. Other 
descriptors that could have been used but were rejected because they 
would either be too difficult to implement or they are not as equitable 
as coating usage include production rate, quantity of emissions, and 
solvent usage.
    In selecting the quantity of coating used, we found that facilities 
in the source category for which data were available to us reported 
annual coating usage of at least 100 gallons per year. Those facilities 
that reported below this amount used coatings to assist in or repair 
minor defects during product assembly operations, and the surface 
coating operations were not integral to plastic parts and products 
surface coating. Therefore, the MACT floor determination and the 
estimated environmental, energy, cost, and economic impacts were based 
on facilities that used greater than 100 gallons per year. We are not 
aware of any surface coating operation at a major source that is 
dedicated to plastic parts and products surface coating that is using 
less than 100 gallons per year and, thus, did not evaluate whether the 
MACT level of control would be appropriate for such operations if they 
exist.
    The source category does not include research or laboratory 
facilities or janitorial, building, and facility maintenance 
operations, or hobby shops that are operated for personal rather than 
commercial purposes. The source category also does not include coating 
of magnet wire, coating of plastics to produce fiberglass boats (except 
the

[[Page 72288]]

post-mold coating of personal watercraft or their parts), or the 
extrusion of plastic onto a plastic part or product to form a coating. 
These activities and operations are not comparable to the types and 
sizes of the dedicated facilities in terms of coating operations and 
applicable control techniques and are regulated or are being considered 
for regulation as part of other source categories. Thus, they are not 
considered to be within the scope of the source category. The post-mold 
coating of personal watercraft and their parts is considered within the 
scope of the source category.
    The source category also does not include certain other coatings of 
plastic parts and products that are already being, or would be, 
regulated by another NESHAP as part of a different source category. We 
want to avoid overlap of source categories where coating of the same 
part would be subject to multiple rules.
    Subcategory Selection. The statute gives us discretion to determine 
if and how to subcategorize. Once the floor has been determined for new 
or reconstructed and existing affected sources for a source category or 
subcategory, we must set MACT standards that are no less stringent than 
the MACT floor. Such standards must then be met by all sources within 
the source category or subcategory. A subcategory is a group of similar 
sources within a given source category. As part of the regulatory 
development process, we evaluate the similarities and differences 
between industry segments or groups of facilities comprising a source 
category. In establishing subcategories, we consider factors such as 
process operations (type of process, raw materials, chemistry/
formulation data, associated equipment, and final products); emission 
characteristics (amount and type of HAP); control device applicability; 
and opportunities for pollution prevention. We may also consider 
existing regulations or guidance from States and other regulatory 
agencies in determining subcategories.
    After reviewing survey responses from the industry, facility site 
visit reports, and information received from stakeholders meetings, we 
found that the plastic parts and products surface coating industry 
could be grouped into four subcategories: (1) General use coating, (2) 
TPO coating, (3) headlamp coating, and (4) assembled on-road vehicle 
coating. The general use coating subcategory includes all plastic parts 
and products coating operations except TPO, headlamp, and assembled on-
road vehicle coating. This includes operations that coat a wide variety 
of substrates, surfaces, and types of plastic parts, as well as more 
specialized coating scenarios. Each of the subcategories includes 
coating operations, including associated surface preparation, equipment 
cleaning, mixing and storage, and waste handling.
    The TPO coating is considered a separate subcategory from other 
plastic parts and products coating operations because the surface 
coating of TPO substrates requires the use of an adhesion promoter in 
order to apply subsequent coatings to the substrate. The adhesion 
promoters required in TPO coating operations contain significant levels 
of organic HAP because these materials contain organic HAP solvents 
that are capable of wetting the TPO substrate and swelling the rubber 
content of the substrate. Wetting of the substrate requires a solvent 
in the adhesion promoter that spreads out over the substrate, and this 
is dictated by the surface tension of the substrate and the solvent. 
The surface tensions of organic HAP solvents such as toluene, xylene, 
and other aromatics are ideal for wetting TPO while other non-HAP 
solvents have surface tensions too high to allow the adhesion promoter 
to spread out over the TPO part. In conjunction with adequate wetting 
of the TPO, the solvents in the adhesion promoter must be capable of 
migrating through the surface of the TPO substrate to swell the rubber 
content (elastomer) in the TPO. It is this optimum swelling of the 
rubber content in the TPO and the subsequent entanglement of the 
elastomer with the paint that provides the adhesion necessary to coat 
TPO successfully. Many non-HAP solvents either evaporate too quickly to 
adequately migrate through and swell the rubber or the solvents swell 
the rubber content of the TPO to the point of distortion of the part. 
Therefore, the adhesion promoters used in TPO coating operations often 
contain high levels of organic HAP solvents to achieve adequate wetting 
of the substrate, swelling of the rubber, and ultimately, adhesion of 
the paint to the substrate. The need to use these HAP-containing 
materials would make it technically difficult for existing facilities 
coating TPO to achieve the lower emission rates established by 
facilities that do not coat TPO. In summary, the technical differences 
in the type of coatings required due to the nature of the TPO substrate 
warrant a separate subcategory for TPO coating.
    Headlamp coating is considered as a separate subcategory because 
these coating operations require specialized reflective argent coatings 
and hard clear coatings to meet U.S. Department of Transportation Motor 
Vehicle Safety Standards for reflectivity, brightness, color, and other 
performance criteria. The reflective argent coatings often used in 
automotive headlamp coating operations contain significant levels of 
organic HAP because these coatings achieve the required reflective 
aluminum appearance with aluminum pigments contained in the coating. 
These coatings require the use of aromatic or aliphatic HAP solvents in 
order to allow the aluminum pigments to rise to the surface correctly 
to create the reflective finish required by Federal safety standards. 
The hard clear coatings often used in automotive headlamp coating 
operations, such as the thermal cure and silicone hardcoat 
technologies, are required to provide the polycarbonate headlamp 
substrate with necessary abrasion and scratch resistance. Polycarbonate 
is currently the only plastic substrate approved by the National 
Highway Traffic Safety Administration for use in automotive headlamps 
because this material is shatter resistant and resists high levels of 
heat. The hard clear coatings used on the polycarbonate headlamps 
require the use of certain organic HAP solvents, such as butyl 
cellosolve, in these coatings to avoid etching of the substrate 
surface. Other non-HAP solvents can etch the surface of the 
polycarbonate which would deflect light and create performance and 
safety concerns for the final headlamp product. The need to use these 
materials would make it technically difficult for existing facilities 
coating automotive headlamps to achieve the lower emission rates 
established by facilities that do not coat headlamps. In summary, 
technical differences in the type of coatings required to meet unique 
end-product requirements warrant a separate subcategory for headlamp 
coating.
    Assembled on-road vehicle coating is considered a separate 
subcategory because these coating operations are performed on fully-
assembled vehicles that may contain heat sensitive parts. In addition, 
fully assembled on-road vehicles are physically larger than the other 
parts and products coated in this source category. The large size and 
presence of heat sensitive parts make certain lower-HAP technologies, 
such as heat-cured waterborne coatings, not feasible for use on fully 
assembled on-road vehicles and make it technically difficult for these 
sources to achieve the same emission level as sources that do not coat 
assembled on-road vehicles.
    The problems associated with coating of assembled on-road vehicles 
were first raised by recreational vehicle manufacturers that build 
motor homes

[[Page 72289]]

and travel trailers. The EPA recognized that the same problems (i.e., 
large part size and heat sensitive components) would be encountered by 
other facilities that coat plastic bodies on other types of assembled 
on-road vehicles. In addition, some facilities coat a mix of assembled 
on-road vehicles including automobiles, recreational vehicles, public 
transportation vehicles, and fleet trucks. Therefore, EPA decided to 
include all of these in the assembled on-road vehicle subcategory and 
not limit the subcategory to just recreational vehicles. The on-road 
vehicle subcategory is limited to only surface coating on fully 
assembled on-road vehicles in order to avoid an overlap with source 
categories that include assembly-line coating operations at automobile, 
light-duty truck, and heavy-duty truck manufacturing facilities.
    The EPA also recognizes that most assembled on-road vehicles are a 
mix of plastic and metal body components. An assembled on-road vehicle 
coating operation is considered part of this subcategory if greater 
than 50 percent of the surface being coated on a vehicle is plastic.

B. How Did We Select the Regulated Pollutants?

    Available emission data collected during the development of the 
proposed NESHAP show that the primary organic HAP emitted from the 
surface coating of plastic parts and products include MEK, MIBK, 
toluene, and xylenes. These compounds account for more than 85 percent 
of this category's nationwide organic HAP emissions. Other organic HAP 
emissions include EGBE and other glycol ethers. However, many other 
organic HAP are used, or can be used, in coatings, thinners, and 
cleaning materials. Therefore, the proposed rule would regulate 
emissions of all organic HAP.
    Although most of the coatings used in this source category do not 
contain inorganic HAP, a few special purpose coatings used by a few 
facilities in this source category contain inorganic HAP such as 
chromium and lead. No inorganic HAP were reported in cleaning 
materials. If coatings are applied by spraying, 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 
would be entrained in the spray booth exhaust air. Although these 
emissions have not been quantified, we believe that the inorganic HAP 
emission levels are very low. Furthermore, emissions of these materials 
to the atmosphere are minimal because very few of the facilities in 
this source category use spray application techniques to apply coatings 
that contain inorganic HAP compounds. At this time, it does not appear 
that emissions of inorganic HAP from this source category warrant 
Federal regulation.

C. How Did We Select the Affected Source?

    In selecting the affected source(s) for emission standards, our 
primary goal is to ensure that MACT is applied to HAP-emitting 
operations or activities within the source category being regulated. 
The affected source also serves to establish where new source MACT 
applies under a particular standard. Specifically, the General 
Provisions in subpart A of 40 CFR part 63 define the terms 
``construction'' and ``reconstruction'' with reference to the term 
``affected source'' (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 emission standards are 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 single emission 
standard encompassing multiple emission points within the plant 
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.
    The affected source for these proposed standards is broadly defined 
to include all operations associated with the coating of plastic parts 
and products and the cleaning of products, substrates or coating 
operation equipment in a subcategory (i.e., TPO coating, headlamp 
coating, assembled on-road vehicle coating, or general use coating). 
These operations include storage and mixing of coatings and other 
materials; surface preparation of the plastic parts and products prior 
to coating application; coating application and flash-off, drying and 
curing of applied coatings; cleaning operations; and waste handling 
operations.
    A few facilities have coating operations in more than one 
subcategory. For example, a few facilities have TPO coating operations 
that are in the TPO coating subcategory and also have other plastic 
parts and products coating operations that are in the general use 
coating subcategory. In such a case, the facility would have two 
separate affected sources: (1) The collection of all operations 
associated with the surface coating of TPO, and (2) the collection of 
all operations associated with general use coating. Each of these 
affected sources would be required to meet the emission limits that 
apply to its subcategory.
    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 plastic parts and products surface coating operations. 
These operations are included in the affected source.
    Mixing, storage, and waste handling operations are included in the 
affected source. Because we are assuming that all the organic HAP in 
the materials entering the affected source are volatilized (emitted), 
emissions from operations occurring within the affected source (e.g., 
mixing operations and storage) are accounted for in the estimate of 
total materials usage at 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 compliance, each facility can select among 
available coatings, thinners and other additives, and cleaning 
materials, as well as the use of emissions capture and add-on control 
systems, to comply with the emission limits for each subcategory in the 
most cost-effective manner. Additional information on the plastic parts 
and products surface coating operations selected for regulation, and 
other operations, are included in the docket for the proposed 
standards.

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

    The MACT floor analysis was performed using a sourcewide emission 
rate approach for each of the four subcategories: (1) General use 
coating, (2) TPO coating, (3) headlamp coating, and (4) assembled on-
road vehicle coating. Because organic HAP emissions from an affected 
source are directly related to the materials used, and since it is very 
difficult to estimate the emissions that occur in any one area within 
the affected source, an emission

[[Page 72290]]

rate approach for affected sources in each subcategory is the most 
feasible way to determine emission limits. The emission rate approach 
covers the emissions from all areas within the affected source for each 
subcategory, including the application and curing process, equipment 
cleaning and surface preparation operations, mixing and storage of 
organic HAP materials, and waste handling.
    The broad emission rate approach will allow for the maximum 
flexibility for those affected sources in the general use coating 
subcategory that perform many different types of coating applications 
and coat many different types of parts during a given year. It would be 
very difficult to define and set limits on each individual coating step 
within every coating process. Also, such rules would allow no 
flexibility and might not be technically feasible for every source. An 
emission limit that includes all coating operations within an affected 
source allows an owner/operator to determine how to most efficiently 
and cost effectively meet the emission limit for each subcategory.
    To determine the existing and new source MACT floor for each 
subcategory, we determined the organic HAP emission rate for each 
facility in units of kg (lb) organic HAP emitted per kg (lb) of coating 
solids used for each subcategory. We then ranked the sources in each 
subcategory from lowest to highest emission rate to identify the best-
performing sources. We used information obtained from industry survey 
responses and subsequent changes and clarifications received from the 
facilities to estimate the sourcewide organic HAP emission rate from 
each survey respondent. In the relatively few cases where a facility 
had coating operations in more than one subcategory (e.g., a TPO 
coating operation, headlamp coating operation, or assembled on-road 
vehicle coating operation, and a general use coating operation), we 
calculated the organic HAP emission rate for each subcategory 
separately. For facilities that reported no add-on control devices, we 
calculated total organic HAP emissions by assuming that the organic HAP 
components in all coatings, thinners and other additives, and cleaning 
materials are emitted. If add-on control devices were reported, their 
capture and control efficiencies were taken into account. Sources 
included in the population for determining the MACT floor emission 
limits were those facilities that are identified as major sources based 
on their potential to emit, and those that were identified as 
``synthetic minor'' sources.
    For each of the four subcategories, the best-performing 12 percent 
of sources (or the best five sources) were the sources with the lowest 
calculated organic HAP emission rates. The average, or arithmetic mean, 
of the best-performing 12 percent of sources (or best five sources) was 
calculated to determine the MACT floor level for each subcategory. For 
the general use coating subcategory, the average of the best-performing 
12 percent of existing sources was determined to be 0.16 kg (0.16 lb) 
organic HAP emitted per kg (lb) coating solids used. For the TPO 
coating subcategory, the average of the best-performing five existing 
sources was 0.23 kg (0.23 lb) organic HAP emitted per kg (lb) coating 
solids used. For the headlamp coating subcategory, the average of the 
best-performing five existing sources was 0.45 kg (0.45 lb) organic HAP 
emitted per kg (lb) coating solids used. For the assembled on-road 
vehicle coating subcategory, the average of the best-performing five 
existing sources was 1.34 kg (1.34 lb) organic HAP emitted per kg (lb) 
coating solids used.
    The facilities represented by the average MACT floor emission level 
for each of the subcategories were reviewed to assess the achievability 
of the emission levels for the range of sources in the subcategory. The 
parameters that were considered in the review included coating types 
and technologies, application methods, curing temperatures, substrates, 
regulatory and performance specifications, location by state, part 
types, industry sectors and amounts of materials used. The review 
resulted in the determination that there were no differences in the 
ability of sources within a given subcategory to achieve the existing 
source MACT floor emission levels, and therefore, it appears that all 
sources could achieve the existing source MACT floor emission rate for 
their subcategory. The MACT floor memorandum in the docket includes 
additional details of our review. We request comment on the analysis 
and our conclusions.
    The new source MACT floor level for the general use coating 
subcategory was determined to be the same as the MACT floor level for 
existing sources. For the general use coating subcategory, the 
facilities whose emission rates were lower than the existing source 
floor (0.16 kg (0.16 lb) organic HAP emitted per kg (lb) coating solids 
used) were evaluated to determine whether one of them could be 
considered the best-performing similar source and represent the 
diversity of operations included in the subcategory. We evaluated 
whether a single source with a lower emission rate was sufficiently 
similar to all other operations in the subcategory in terms of parts 
coated, coating types, and application methods used. No single source 
with an emission rate lower than the existing source MACT floor 
emission rate represented the full range of variability in the 
subcategory. For example, some of the facilities with the lowest 
emission rates used only one or two types of coatings with a narrow 
range of types of parts and coating application methods. Because a new 
facility might need to use a variety of coating types and technologies, 
we rejected facilities using only one or two types of coatings with a 
limited range of coated parts and application methods as similar 
sources for the purpose of setting a floor for new sources. Therefore, 
the new source MACT floor is determined to be the same as the MACT 
floor for existing sources. You may refer to the MACT floor memorandum 
in the docket for additional details.
    The new source MACT floor levels for the TPO coating and headlamp 
coating subcategories are more stringent than the existing source MACT 
floor levels for these subcategories. For the TPO coating subcategory, 
the best-performing single source achieves an emission level of 0.17 kg 
(0.17 lb) organic HAP emitted per kg (lb) coating solids used. The 
facility is using a waterborne TPO coating process. Available 
information indicates that waterborne coatings are feasible for TPO 
substrates, including TPO used in external parts such as bumpers, and 
can meet performance specifications for the coated parts. When 
designing a new source, it would be feasible to design the TPO coating 
operations to use a waterborne coating process, or otherwise control 
emissions to achieve the emission level of the best-performing 
individual source in this subcategory. Therefore, the MACT floor for 
new sources in the TPO subcategory is determined to be 0.17 kg (0.17 
lb) organic HAP emitted per kg (lb) coating solids used.
    For the headlamp coating subcategory, the identification of best-
performing similar source was conducted by reviewing the emission rates 
for existing headlamp coating sources, excluding any organic HAP and 
solids from adhesives that are used in these operations. The two best-
performing headlamp coating sources both use low-HAP, high-solids 
adhesives in the headlamp operation to do final assembly of the 
headlamp. While the use of these adhesives is representative of the 
operations at these existing sources, it is unclear whether new sources 
in the headlamp coating

[[Page 72291]]

subcategory would be performing final assembly of the headlamps or 
would only be coating one component of the headlamp body. The use of 
adhesives in headlamp coating operations is purely dependent upon 
individual customer needs and business decisions on whether to assemble 
the headlamps at the same site. New headlamp sources with lower 
emission rates that include adhesives do not represent a similar source 
that would establish a new source level for the range of new sources in 
the subcategory. The two best-performing similar sources in the 
headlamp subcategory achieve emission rates (excluding adhesives) of 
0.034 kg (0.034 lb) HAP emitted per kg (lb) coating solids used and 
0.26 kg (0.26 lb) HAP emitted per kg (lb) coating solids used. The 
source that is achieving the emission rate of 0.034 kg (0.034 lb) HAP 
emitted per kg (lb) coating solids used has total enclosures and add-on 
control devices on a portion of its headlamp coating operation. It is 
uncertain whether other new headlamp coating sources would be able to 
use enclosures and add-on control devices and achieve this emission 
rate. Typical organics stream concentrations estimated for sources in 
this subcategory are generally too low to make the use of enclosures 
and control devices technically feasible. However, the source that is 
achieving the emission rate of 0.26 kg (0.26 lb) HAP emitted per kg 
(lb) coating solids used coats automotive headlamps using low-HAP, 
ultra violet (UV)-cure clearcoat technology and low-HAP, vacuum 
metallizing technology on polycarbonate substrate. Although this 
emission rate is not achievable for existing sources that do not 
currently have the capability to use UV-cure clearcoat technology or 
vacuum metallizing technology, it would be feasible to design a new 
headlamp coating process to use similar low-HAP, UV-cure clearcoats and 
low-HAP, vacuum metallizing technology, or otherwise control emissions 
to achieve the emission level of this best-performing similar source in 
the headlamp subcategory. Therefore, the MACT floor for new sources in 
the headlamp coating subcategory is determined to be 0.26 kg (0.26 lb) 
HAP emitted per kg (lb) coating solids used.
    The new source MACT floor level for the assembled on-road vehicle 
coating subcategory was determined to be the same as the MACT floor 
level for existing sources. For this coating subcategory, the 
facilities whose emission rates were lower than the existing source 
floor (1.34 kg (1.34 lb) organic HAP emitted per kg (lb) coating solids 
used) were evaluated to determine whether one of them could be 
considered the best-performing similar source (and sufficiently 
representative of the diversity of operations encompassing the 
subcategory). Some of the variables considered were the types of 
vehicles coated (e.g., motorhomes or towable RVs), the amount of the 
vehicle coated (either fully painted or only partially painted), 
whether multiple colors of basecoat were used and the overall ratio of 
basecoat to clearcoat, and whether or not repair coating operations 
were performed. Given the diversity of assembled on-road vehicle 
coating operations observed during EPA site visits and among the 
facilities present in the MACT database, EPA has determined that the 
sources with emission rates lower than the existing source MACT floor 
emission rate are not representative of the possible range of new 
sources in the subcategory. For example, some facilities may use only a 
single color of basecoat per vehicle, while others may use up to four 
colors of basecoat in more elaborate color schemes. Some facilities may 
apply a single layer of clearcoat while others may apply two or three 
layers for a more durable finish. Additionally, some facilities may 
perform a combination of these during a single compliance period. Given 
the variability in these factors, EPA does not believe that any single 
source with a lower emission rate than the existing source floor 
represents a similar source for the full range of variability for this 
subcategory. Therefore, the new source MACT floor is determined to be 
the same as the MACT floor for existing sources.
    After the MACT 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.
    No options beyond the MACT floor could be identified for the 
general use coating subcategory that would be technically feasible for 
all new or existing facilities in the subcategory.
    For the TPO coating subcategory, the use of a waterborne coating 
technology was identified as a beyond-the-floor option for existing 
sources to be considered. There are currently at least two existing 
sources that coat TPO using waterborne adhesion promoters and other 
coatings, and the new source MACT floor (0.17 kg (0.17 lb) HAP emitted 
per kg (lb) coating solids used) is based on a facility using the 
waterborne TPO coating process. We considered the beyond-the-floor 
option of requiring other existing sources coating TPO to switch their 
TPO coating operations to the waterborne process. However, requiring 
existing sources to switch to waterborne coating technology would 
require many costly retrofits to an existing TPO coating operation, 
including the addition of special pretreatment steps prior to coating 
application, the installation of curing ovens that aren't currently 
available at all existing TPO facilities, a lengthening of the coating 
line to allow for increased drying/flash-off time required for 
waterborne coatings, and a switch to stainless steel spray guns and 
lines to prevent corrosion of equipment. Information from an existing 
TPO source that retrofitted its existing coating lines to allow for 
waterborne TPO coating indicates that their cost to switch to 
waterborne coating was approximately $9 million. The HAP emissions 
reductions that would be achieved by a typical existing source 
complying with the MACT floor for TPO coating sources would be 
approximately 75 percent reduction. If the same typical existing source 
achieved the beyond the floor level of 0.17 kg (0.17 lb) HAP emitted 
per kg (lb) coating solids used, it would achieve approximately an 
additional 7 percent emission reduction. Without having information on 
the benefits that would be achieved by further reducing emissions 
beyond-the-floor, we do not believe the additional cost of going beyond 
the floor is warranted at this time without a further evaluation of 
risk. Therefore, we are not requiring beyond-the-floor levels of 
emissions reductions at this time. After implementation of these 
standards, we will evaluate the remaining health and environmental 
risks that may be posed as a result of exposure to emissions from the 
plastic 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 the headlamp coating subcategory, we considered two low-HAP 
technologies as beyond-the-floor options for existing sources. These 
technologies are UV-cure clearcoat and vacuum metallizing. There are 
currently two existing sources that use UV-cure

[[Page 72292]]

clearcoats and one existing source that uses vacuum metallizing to 
obtain the necessary reflectivity for the headlamps. The new source 
MACT floor for headlamp coating (0.26 kg (0.26 lb) HAP emitted per kg 
(lb) coating solids used) is based on a facility using both 
technologies to coat automotive headlamps.
    We considered the beyond-the-floor option of requiring other 
existing sources to switch their coating operations to either of these 
low-HAP technologies. However, based on industry information, requiring 
existing sources to switch to UV-cure clearcoats or vacuum metallizing 
could require costly retrofits to an existing headlamp coating 
operation. The switch to UV-cure clearcoat technology could require 
extensive modifications to coating line design as well as the 
installation of UV-lamps to cure the coatings. Furthermore, since UV-
cure processes do not have production capacities as high as thermal-
cure clearcoat processes, existing sources could be required to build 
additional coating lines to maintain the same production capacity, and 
this would require more floor space.
    The switch to vacuum metallizing from liquid argent coatings could 
require extensive modifications to the coating line design and raw 
materials used, as well as the purchase and installation of vacuum 
metallizing equipment. A single vacuum metallizing chamber can produce 
approximately 500,000 headlamp lens bodies a year and could cost 
approximately $2 million per chamber. Many sources could need multiple 
chambers. In addition to the purchase and installation of vacuum 
metallizing chambers, existing sources would need to purchase more 
expensive raw plastic materials (i.e., thermoplastics) in order to 
achieve the beyond-the-floor level of 0.26 kg (0.26 lb) organic HAP 
emitted per kg (lb) coating solids used. Vacuum metallizing requires an 
absolutely smooth surface for proper reflectivity, and this can be 
achieved with thermoplastics. Less expensive thermoset plastics that 
can be used in liquid argent coating processes do not produce the 
necessary surface to vacuum metallize, without a pre-coating step that 
would result in additional HAP emissions. For an existing facility to 
switch to vacuum metallizing from liquid argent coating without adding 
a pre-coating step, the cost of thermoplastic raw materials could be 
three times the cost of thermoset materials. Therefore, assuming 
existing headlamp coating sources would require at least two vacuum 
metallizing chambers and a switch to thermoplastic raw materials, 
retrofitting an existing headlamp source could result in capital costs 
of at least $4 million for the metallizing chambers and an annual 
material purchase cost of three times current annual material costs. 
These costs do not account for additional process line modifications, 
oven replacements, and testing requirements that will vary in cost from 
source to source.
    The HAP emission reductions that would be achieved by a typical 
existing source complying with the MACT floor for headlamp coating 
sources would be approximately 78 percent reduction. The incremental 
emission reduction that would be achieved for the same typical source 
to reduce its emissions to the beyond-the-floor level would be 
approximately 9 percent. Without having information on the benefits 
that would be achieved by further reducing emissions beyond-the-floor, 
we do not believe the additional cost of going beyond the floor is 
warranted at this time without a further evaluation of risk. Therefore, 
we are not requiring beyond-the-floor levels of emission reductions at 
this time. After implementation of these standards, we will evaluate 
the remaining health and environmental risks that may be posed as a 
result of exposure to emissions from the plastic 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.
    No options beyond the MACT floor could be identified for the 
assembled on-road vehicle coating subcategory that would be technically 
feasible for all new or existing facilities in the subcategory.
    Add-on controls were also reviewed to determine if a facility using 
add-on controls would represent a technically feasible beyond-the-floor 
option for all new or existing sources in any of the four 
subcategories. Add-on controls are used at a few individual facilities 
in the plastic parts and products surface coating source category and 
three of its four subcategories. No add-on controls are used in the 
assembled off-road vehicle subcategory. However, based on typical 
organics stream concentrations estimated for typical facilities in the 
four subcategories, add-on control techniques are generally not 
technically feasible. Therefore, add-on control techniques were not 
considered as a beyond-the-floor option.
    For existing sources, we based the proposed standards on the 
existing source MACT floors for each of the four subcategories. As 
described earlier, we determined that beyond-the-floor options were not 
technically or economically feasible for all existing sources. For the 
same reasons, we based the proposed standards for new sources on the 
new source MACT floor.
    The MACT levels of control for new and existing sources can be 
achieved in several different ways. Many sources would be able to use 
lower-HAP coatings, although they may not be available to meet the 
needs of every source. If a source is also using cleaning materials 
that contain organic HAP, then it may be able to switch to lower-HAP or 
non-HAP cleaning materials, which are widely available, to reduce the 
sourcewide organic HAP emissions rate to the MACT level. Other 
available options might be the use of capture systems and add-on 
control devices to reduce emissions.
    We note here that our assumption, used in the development of the 
MACT floors, that 100 percent of the organic HAP in the materials used 
are emitted by the affected source would not apply when the source 
sends organic HAP-containing waste materials to a facility for 
treatment or disposal. We made that assumption because the industry 
survey responses provided little information as to the amount of 
organic HAP recovered and recycled or treated and disposed. We, 
therefore, concluded that offsite or onsite treatment and disposal may 
not be common within the plastic parts and products surface coating 
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.

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

    We selected the format of the proposed standards to be an emission 
rate expressed in terms of the mass of organic HAP emitted per mass of 
coating solids used. The emission rate format would allow plastic parts 
and products surface coating operation owners and operators flexibility 
in choosing any combination of means (including coating reformulation, 
use of lower-HAP or non-HAP materials, solvent elimination, work 
practices, and add-on control devices) that is workable for their 
particular situation to comply with the emission limits.
    We selected mass of coating solids used as a component of the 
proposed format to normalize the rate of organic HAP emissions across 
all sizes and

[[Page 72293]]

types of facilities. We also selected kg (lb) organic HAP emitted per 
kg (lb) coating solids used because this is consistent with the data 
generally available in this industry through Material Safety Data 
Sheets and other manufacturers' formulation data. Considering the 
primary means of compliance is likely to be the use of low- and no-
organic HAP coatings and other materials, this format best ensures that 
comparable levels of control are achieved by all affected sources. 
Also, this format allows sources flexibility to use a combination of 
emission capture and control systems, as well as low-HAP content 
coatings and other materials.
    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 each 
coating, solvent, or cleaning material. As it is not our intent to 
limit a facility's production under these proposed standards, we 
rejected a usage limit. We also rejected a never-to-be-exceeded organic 
HAP content limit in order to provide for averaging of HAP emissions 
from the materials used during the compliance period. In this decision, 
we considered the nature of the available data, as well as the need to 
allow for seasonal variations and frequent changes in some coating 
operations, such as job shops. Finally, we rejected a percent reduction 
limit as most plastic parts and products surface coating facilities are 
not expected to use capture systems and add-on control devices for 
compliance.
    In lieu of emission standards, section 112(h) of the CAA allows 
work practice standards or other requirements to be established when a 
pollutant cannot be emitted through a conveyance or capture system, or 
when measurement is not practicable because of technological and 
economic limitations. Many plastic parts and products surface coating 
facilities use some type of work practice measure to reduce HAP 
emissions from mixing, cleaning, storage, and waste handling areas as 
part of their standard operating procedures. They use these measures to 
decrease solvent usage and minimize exposure to workers. However, we do 
not have data to quantify accurately the emissions reductions 
achievable by the work practice measures. The level of emissions 
depends on the type of equipment and the work practices used at the 
facility and would be very site-specific. For example, emissions from 
solvent-laden rags used to clean spray booths would depend on the 
method used to isolate and store such rags. In addition to lacking 
adequate data and information to quantify an emissions level for such 
operations, it is not practicable to measure emissions from these 
operations since they often occur in large open areas not amenable to 
testing. Therefore, work practice standards are appropriate for such 
operations under section 112(h) of the CAA.
    Under the compliance options where emissions are reduced by using 
low- or no-HAP materials, the compliance determination procedure 
assumes that all the organic HAP in the materials entering the affected 
source are volatilized (emitted). Therefore, emissions from operations 
occurring within the affected source (e.g., mixing operations) are 
accounted for in the determination of total materials usage and 
emission rate at the affected source. This may not be true when you 
comply by using capture systems and add-on control devices, 
particularly if some coating operations at your facility use capture 
systems and add-on control devices and others do not. In this case, you 
might determine usage of coatings and other materials in the controlled 
coating operations by some method other than total solvent purchase 
records. It is possible that emissions from mixing and transport of the 
materials prior to their use in the controlled coating operation might 
not be included in your usage and emission rate calculations. Emissions 
from mixing, storage, and waste handling operations are often not 
routed to the control devices and would not be practicable to measure 
for inclusion in a determination of compliance with the emission limit. 
Therefore, the proposed rule would require development and 
implementation of an emission reduction work practice plan to assure 
that emissions are reduced from such operations.

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

    The proposed standards would allow you to choose among several 
options to demonstrate compliance with the proposed standards for 
organic HAP: compliant materials (i.e., coatings and other materials 
with low or no organic HAP); emission rate without add-on controls 
option; or emission rate with add-on controls option.
    Compliant Materials Option. You would be required to document the 
organic HAP content of all coatings (general use, TPO, headlamp, and 
assembled on-road vehicle coatings) on an as-received basis and show 
that each is less than the applicable emission limit. You would also 
have to show that each thinner, other additive, and cleaning material 
on an as-received basis contains no organic HAP. Note that ``no organic 
HAP'' is not intended to mean absolute zero. Materials that contain 
``no organic HAP'' should be interpreted to mean materials that contain 
organic HAP levels below 0.1 percent by mass for OSHA-defined 
carcinogens and 1.0 percent by mass for other compounds.
    You may use manufacturer's formulation data to demonstrate the HAP 
content of each material and the solids content of each coating. If you 
choose to use test data, you would use the following procedures on each 
coating, thinner or other additive, and cleaning material in the 
condition it is in when it is received from its manufacturer or 
supplier and before any alteration. If you recycle or reclaim coatings, 
thinners, cleaning materials, or other additives at your facility, you 
do not need to demonstrate that these materials meet the emission 
limit, provided they were initially demonstrated to comply with the 
compliant material option.
    Method 311 is the method developed by EPA for determining the mass 
fraction of organic HAP in coatings and has been used in previous 
surface coating NESHAP. We have not identified any other methods that 
provide advantages over Method 311 for use in the proposed standards 
for determining organic HAP content.
    Method 24 is the method developed by EPA for determining the mass 
fraction of volatile matter for coatings and can be used if you choose 
to determine the nonaqueous volatile matter content as a surrogate for 
organic HAP. In past standards, VOC emission control measures have been 
implemented in 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.
    Method 24 is the method specified for determining the coating 
solids content of each coating. We have not identified any other 
methods that provide advantages over Method 24 for use in the proposed 
standards.
    Emission Rate Without Add-on Controls Option. To demonstrate 
initial compliance using this option, you would calculate the organic 
HAP emission rate for one or more coating operations in each affected 
source, based on the mass of organic HAP in all coatings, thinners and 
other additives, and cleaners, and the mass of coating solids used 
during the compliance period. You would demonstrate that your emission 
rate does not exceed the

[[Page 72294]]

applicable emission limit for the affected source. You would determine 
the HAP content from manufacturer's formulation data or by using EPA 
Method 24 or 311 as discussed previously.
    Emission Rate With Add-on Controls Option. If you use a capture 
system and control device other than a solvent recovery device for 
which you conduct a liquid-liquid material balance, you would be 
required to conduct an initial performance test of the system to 
determine its overall control efficiency using EPA Method 25 or 25A 
depending on the type of control device and the outlet concentration. 
You would also need to determine the capture efficiency of the capture 
system using EPA Methods 204 and 204A through 204F. For a solvent 
recovery system for which you conduct a liquid-liquid material balance, 
you would determine the quantity of volatile matter applied and the 
quantity recovered during the initial compliance period to determine 
its overall control efficiency. For both cases, the overall control 
efficiency would be combined with the monthly mass of organic HAP in 
the coatings and other materials used to calculate the monthly organic 
HAP emissions in kg (lb) HAP emitted. The monthly amount (kg (lb)) of 
coating solids used would also be determined. These values would be 
combined to calculate your emission rate for the 12-month compliance 
period according to equations in the proposed rule. You would 
demonstrate that your emission rate does not exceed the applicable 
emission limit for the affected source. If you conduct a performance 
test, you would also determine parameter operating limits during the 
test. The proposed test methods for the performance test have been 
required in many NSPS 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 demonstrate continuous compliance with either the compliant 
materials option or the emission rate without add-on controls option, 
you would need records of the data and calculations supporting your 
determination of the organic HAP content and solids content of each 
material used. You would also need records of the quantity of coatings 
and other materials used. For the compliant materials option, you would 
demonstrate compliance for each material used. For the emission rate 
without add-on controls option, you would demonstrate compliance with 
the applicable 12-month emission limit on a monthly basis using data 
from the previous 12 months of operation.
    If you use the emission rate with add-on controls option, you would 
also be required to continuously monitor operating parameters of 
capture systems and control devices and maintain records of this 
monitoring. 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 and control devices. The values of 
these parameters 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 controlled coating operations within 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.
    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. You would demonstrate 
compliance with the emission limit on a monthly basis using data from 
the previous 12 months of operation.

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 PPPP. We evaluated the 
General Provisions requirements and included those we determined to be 
the minimum notification, recordkeeping, and reporting necessary to 
ensure compliance with, and effective enforcement of, the proposed 
standards, modifying them as appropriate for the plastic parts and 
products surface coating source category.

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 permits 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

    For the purpose of assessing impacts, we assumed that all sources 
would convert to liquid coatings, thinners, and other additives with 
lower organic HAP content than those presently used and would convert 
to lower-HAP or no-HAP cleaning materials rather than using add-on 
control devices, except for those already using add-on control devices.

A. What Are the Air Impacts?

    The 1997 nationwide baseline organic HAP emissions for the 202 
major source plastic parts and products surface coating facilities of 
which EPA is aware are estimated to be 9,820 tpy. Implementation of the 
emission limitations as proposed would reduce these emissions by 
approximately 80 percent to 2,260 tpy. In addition, the proposed 
emission limitations will not result in any significant secondary air 
impacts. We expect that the majority of facilities will switch to low- 
or no-organic HAP-containing materials to comply with the standards 
rather than installing add-on control devices. Thus, increases in 
electricity consumption (which could lead to increases in emissions of 
nitrogen oxides, sulfur dioxide, carbon monoxide, and carbon

[[Page 72295]]

dioxide from electric utilities) will be minimal.

B. What Are the Cost Impacts?

    The total capital cost (including monitoring costs) for existing 
sources is estimated to be approximately $803,830. The nationwide 
annual cost (including monitoring, recordkeeping, and reporting costs) 
for existing sources is approximately $10.7 million per year. Costs for 
new sources were based on an estimate of six new sources being 
constructed within 5 years after promulgation of the final standards. 
The total capital cost (including monitoring costs) for new sources is 
$28,000. The total annual cost (including monitoring, recordkeeping, 
and reporting costs) for new sources is estimated to be approximately 
$194,000 per year.
    Cost estimates are based on information available to the 
Administrator and presented in the economic analysis of this rule. The 
costs are calculated assuming that the majority of sources would comply 
by using lower HAP-containing or non-HAP coatings and cleaning 
materials because such materials are generally available, and add-on 
controls would not be technically feasible for typical facilities. 
Waterborne coatings are a type of potentially lower-HAP coating which 
could be used by facilities and may contribute to higher costs due to 
increased drying times or temperatures that may be needed for 
waterborne coatings. However, the data available in the plastic parts 
ICR database did not indicate any definite relationship between coating 
types and drying times or curing temperatures. We also assumed that 
facilities presently equipped with add-on controls would continue to 
operate those control devices and capture systems and would perform the 
required performance tests and parameter monitoring. During development 
of the proposed emission limitations, limited information was available 
on the costs associated with the switch to low-HAP or non-HAP coatings 
and cleaning materials. Thus, we request comment on the assumptions and 
methodology used to determine these costs. Any comments should provide 
detailed information that includes identification of the coatings or 
cleaning materials (and associated costs) currently being used and the 
coatings or cleaning materials (and associated costs) that would be 
used to comply with the proposed emission limitations, as well as the 
basis for the cost information. You may refer to the Determination of 
Baseline Emissions and Costs and Emissions Impacts for New and Existing 
Sources in the Plastic Parts and Products Surface Coating Source 
Category memorandum in the docket for additional details.

C. What Are the Economic Impacts?

    We prepared an economic impacts analysis (EIA) to evaluate the 
impacts the proposed rule would have on the plastic parts and products 
surface coating industry, consumers, and society. Economic impacts were 
calculated on a facility-specific basis, as well as on a market segment 
basis (e.g., automobile manufacturing, sporting goods, electronics 
equipment, etc.). Economic impact indicators examined included price, 
output, and employment impacts.
    The EIA shows that the expected price increase for affected plastic 
parts and products would be less than 0.1 percent as a result of the 
proposed standards. Therefore, we do not expect any adverse impact to 
occur for those industries that produce or consume plastic parts and 
products such as home appliances, computer hardware producers, motor 
vehicle manufacturers, and recreational vehicle manufacturers.
    The distribution of costs across plastic parts and products 
production facilities is slanted toward the lower impact levels with 
many facilities incurring costs related only to annually recurring 
monitoring, reporting, and recordkeeping activities. The EIA indicates 
that these regulatory costs are expected to represent only 0.25 percent 
of the value of coating services, which should not cause producers to 
cease or alter their current operations. Hence, no firms or facilities 
are at risk of closures because of the proposed standards.

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 other additives, and cleaning materials at affected 
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. We estimate that the proposed emission 
limitations will have a minimal impact on water quality because only a 
few facilities are expected to comply by making process modifications 
or by using add-on control devices that would generate wastewater. 
However, because many low-HAP and no-HAP materials are waterborne, an 
increase in wastewater generation from cleaning activities may result. 
Although additional wastewater may be generated by facilities switching 
to waterborne coatings, the amount of wastewater generated by these 
facilities is not expected to increase significantly. We also estimate 
that the proposed emission limitations will result in a decrease in the 
amount of both solid and hazardous waste from facilities, as the 
majority of facilities will be using lower organic HAP-containing 
materials which will result in a decrease in the amount of waste 
materials that would have to be disposed of as hazardous. In addition, 
we expect that the majority of facilities will comply by using low-HAP 
or no-organic HAP-containing materials rather than add-on control 
devices. Thus, there will be little or no increase in energy usage 
caused by the operation of add-on controls.

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

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

B. Executive Order 13132, Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10,

[[Page 72296]]

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

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

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.''
    This proposed rule does not have tribal implications. It will not 
have substantial direct effects on tribal governments, or 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 plastic parts and products surface 
coating facilities. Thus, Executive Order 13175 does not apply to this 
proposed rule. EPA specifically solicits additional comment on this 
proposed rule from tribal officials.

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 analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This proposed rule is not 
subject to Executive Order 13045 because it does not establish 
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, this 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

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

F. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
aggregate, or to the private sector, of $100 million or more in any 1 
year. Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annual cost of this 
proposed rule for any 1 year has been estimated to be slightly less 
than $11 million. Thus, today's proposed rule is not subject to the 
requirements of sections 202 and 205 of the UMRA. In addition, EPA has 
determined that this proposed rule contains no regulatory requirements 
that

[[Page 72297]]

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 Procedures Act or any 
other statute unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small businesses, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business whose 
parent company has fewer than 500 or 1,000 employees, depending on the 
size definition for the affected NAICS Code; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise that is 
independently owned and operated and is not dominant in its field. It 
should be noted that companies in 32 NAICS codes are 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).
    After considering the economic impacts of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that 67 of the 130 firms, or 51 percent of the total, 
affected by this proposed rule may be small entities. While the number 
of small firms appears to be a large proportion of the total number of 
affected firms, the small firms only experience 21 percent of the total 
national compliance cost of $11 million (1997 $). Of the 67 affected 
small firms, only three firms are estimated to have compliance costs 
that exceed 1 percent of their revenues. The maximum impact on any 
affected small entity is a compliance cost of 1.8 percent of its sales. 
Finally, while there is a difference between the median compliance 
cost-to-sales estimates for the affected small and large firms (0.08 
percent compared to 0.01 percent for the large firms, and 0.03 percent 
across all affected firms), no adverse economic impacts are expected 
for either small or large firms affected by the proposed rule. 
Therefore, the affected small firms are not disproportionately affected 
by this proposed rule as compared to the affected large firms.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this proposed rule on small entities. The 
Agency has also reached out to small entities as part of our outreach 
to affected industries. Representatives of small entities have 
participated in stakeholder meetings held during the last 3 years as 
well as site visits conducted by the EPA for data gathering purposes. 
Small entities will be afforded extensive flexibility in demonstrating 
compliance through pollution prevention rather than the use of add-on 
control technology. We are proposing compliance options which give 
small entities flexibility in choosing the most cost-effective and 
least burdensome alternative for their operation. For example, a 
facility could purchase and use low-HAP coatings and other materials 
(i.e., pollution prevention) that meet the proposed standards instead 
of using add-on capture and control systems. This method of compliance 
can be demonstrated with minimum burden by using purchase and usage 
records. No testing of materials would be required, as the facility 
owner could show that their coatings and other materials meet the 
emission limits by providing formulation data supplied by the 
manufacturer.
    We continue to be interested in the potential impacts of the 
proposed standards on small entities and welcome comments on issues 
related to such impacts.

H. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
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. 2044.01) and a copy may be 
obtained from Susan Auby by mail at U.S. EPA, Office of Environmental 
Information, Collection Strategies Division (2822T), 1200 Pennsylvania 
Avenue, NW., Washington DC 20460, by e-mail at [email protected], or 
by calling (202) 566-1672. A copy may also be downloaded off the 
Internet at http://www.epa.gov/icr. The information 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 other additives, and cleaning materials data and 
calculations used to determine compliance. This information includes 
the volume used during each compliance period, mass fraction of organic 
HAP, density, and mass 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 source's 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 3rd year 
after the effective date of the promulgated rule is estimated to be 
118,835 labor hours at a cost of $5.4 million for new and existing 
sources. This estimate includes the cost of determining and recording 
organic HAP content, solids content, and density, as needed, of the 
regulated materials, and developing a system for determining and 
recording the amount of each material used and performing the 
calculations needed for demonstrating compliance.
    For those affected sources using an add-on control device to 
comply, the costs also include a one-time performance test and report 
(with repeat tests where needed) of the add-on control device, one-time 
purchase and installation of CPMS, one-time submission of a SSMP, and 
any required startup, shutdown, and malfunction reports. Total capital/
startup costs associated with the monitoring requirements over the 3-
year period of

[[Page 72298]]

the ICR are estimated at $133,000, with operation and maintenance costs 
of $655 per year.
    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, U.S. EPA 
(2822T), 1200 Pennsylvania Avenue, NW., Washington DC 20460; or by 
courier, send comments on the ICR to the Director, Collection 
Strategies Division, U.S. EPA (2822T), 1301 Constitution Avenue, NW., 
Room 6143, Washington DC 20460 (202 566-1700); and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th St., NW., Washington, DC 20503, marked ``Attention: Desk 
Officer for EPA.'' Include the ICR number in any correspondence. Since 
OMB is required to make a decision concerning the ICR between 30 and 60 
days after December 4, 2002, a comment to OMB is best assured of having 
its full effect if OMB receives it by January 3, 2003. The final rule 
will respond to any OMB or public comments on the information 
collection requirements contained in this proposal.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note) directs 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., materials specifications, test methods, 
sampling procedures, and business practices) developed or adopted by 
one or more voluntary consensus bodies. The NTTAA directs EPA to 
provide Congress, through annual reports to OMB, with explanations when 
the Agency does not use available and applicable VCS.
    This proposed rulemaking involves technical standards. The EPA 
proposes in this rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 
3, 3A, 3B, 4, 24, 25, 25A, 204, 204A-F, and 311. Consistent with the 
NTTAA, EPA conducted searches to identify VCS in addition to these EPA 
methods. No applicable VCS were identified for EPA Methods 1A, 2A, 2D, 
2F, 2G, 204, 204A-F, and 311. The search and review results have been 
documented and are placed in the docket (Docket No. A-99-12) for this 
proposed rule.
    Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 91), and ASTM D5403-93 are already 
incorporated by reference in EPA Method 24. In addition, we are 
separately specifying the use of ASTM D1475-98, ``Standard Test Method 
for Density of Liquid Coatings, Inks, and Related Products,'' for 
measuring the density of individual coating components, such as organic 
solvents.
    Five VCS: ASTM D1979-91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-
93, and ASTM PS9-94 are incorporated by reference in EPA Method 311. 
The VCS ASTM D4457-85 (Reapproved 1996), ``Standard Test Method for 
Determination of Dichloromethane (Methylene chloride) and 1,1,1-
Trichloroethane (Methyl chloroform) in Paints and Coatings by Direct 
Injection into a Gas Chromatograph,'' is not a complete alternative to 
EPA Method 311, but is an acceptable alternative to EPA Method 311 for 
the following two HAP: (1) Dichloromethane (methylene chloride) and (2) 
1,1,1-Trichlorethane (methyl chloroform). Therefore, EPA will 
incorporate by reference ASTM D4457 into 40 CFR 63.14 in the future.
    In addition to the VCS EPA proposes to use in this proposed rule, 
the search for emission measurement procedures identified 17 other VCS. 
The EPA determined that 13 of these 17 standards were impractical 
alternatives to EPA test methods for the purposes of this proposed 
rulemaking. Therefore, EPA does not propose to adopt these standards 
today. (See docket A-99-12 for further information on the methods.)
    The following four of the 17 VCS identified in this search were not 
available at the time the review was conducted for the purposes of this 
proposed rulemaking because they are under development by a voluntary 
consensus body: ASME/BSR MFC 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; ISO/DIS 12039, ``Stationary Source 
Emissions--Determination of Carbon Monoxide, Carbon Dioxide, and 
Oxygen--Automated Methods,'' for EPA Method 3A; and ISO/PWI 17895, 
``Paints and Varnishes--Determination of the Volatile Organic Compound 
Content of Water-based Emulsion Paints,'' for EPA Method 24. While we 
are not proposing to include these four VCS in today's proposal, the 
EPA will consider the VCS when finalized.
    The EPA takes comment on the compliance demonstration requirements 
in this proposed rulemaking and specifically invites the public to 
identify potentially-applicable VCS. Commentors should also explain why 
this proposed rule should adopt these VCS in lieu of or in addition to 
EPA's method. Emission test methods submitted for evaluation should be 
accompanied by 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 63.4541, 63.4551, 63.4561, 63.4565, and 63.4566 of the 
proposed standards list the EPA testing methods included in the 
proposed standards. Under 40 CFR 63.7(f) of the General Provisions, a 
source may apply to EPA for permission to use alternative test methods 
in place of any of the EPA testing methods.

List of Subjects in 40 CFR Part 63

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

    Dated: November 8, 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:

[[Page 72299]]

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 PPPP to read as follows:
Subpart PPPP--National Emission Standards for Hazardous Air Pollutants: 
Surface Coating of Plastic Parts and Products

What This Subpart Covers

Sec.
63.4480 What is the purpose of this subpart?
63.4481 Am I subject to this subpart?
63.4482 What parts of my plant does this subpart cover?
63.4483 When do I have to comply with this subpart?

Emission Limitations

63.4490 What emission limits must I meet?
63.4491 What are my options for meeting the emission limits?
63.4492 What operating limits must I meet?
63.4493 What work practice standards must I meet?

General Compliance Requirements

63.4500 What are my general requirements for complying with this 
subpart?
63.4501 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.4510 What notifications must I submit?
63.4520 What reports must I submit?
63.4530 What records must I keep?
63.4531 In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.4540 By what date must I conduct the initial compliance 
demonstration?
63.4541 How do I demonstrate initial compliance with the emission 
limitations?
63.4542 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.4550 By what date must I conduct the initial compliance 
demonstration?
63.4551 How do I demonstrate initial compliance with the emission 
limitations?
63.4552 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.4560 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.4561 How do I demonstrate initial compliance?
63.4562 [Reserved]
63.4563 How do I demonstrate continuous compliance with the emission 
limitations?
63.4564 What are the general requirements for performance tests?
63.4565 How do I determine the emission capture system efficiency?
63.4566 How do I determine the add-on control device emission 
destruction or removal efficiency?
63.4567 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.4568 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.4580 Who implements and enforces this subpart?
63.4581 What definitions apply to this subpart?

Tables to Subpart PPPP of Part 63

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

Subpart PPPP--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Plastic Parts and Products

What This Subpart Covers


Sec.  63.4480  What is the purpose of this subpart?

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


Sec.  63.4481  Am I subject to this subpart?

    (a) Plastic parts and products include, but are not limited to, 
plastic components of the following types of products as well as the 
products themselves: motor vehicle parts and accessories for 
automobiles, trucks, recreational vehicles; sporting and recreational 
goods; toys; business machines; laboratory and medical equipment; and 
household and other consumer products. Except as provided in paragraph 
(c) of this section, the source category to which this subpart applies 
is the surface coating of any plastic part or product, as described in 
paragraph (a)(1) of this section, and it includes the subcategories 
listed in paragraphs (a)(2) through (5) of this section.
    (1) Surface coating is the application of coating to a substrate 
using, for example, spray guns or dip tanks, and associated activities, 
such as surface preparation, cleaning, mixing, and storage, etc.
    (2) The general use coating subcategory includes all coating 
operations that are not headlamp coating operations, thermoplastic 
olefin (TPO) coating operations, or assembled on-road vehicle coating 
operations.
    (3) The headlamp coating subcategory includes the surface coating 
of plastic components of the body of an automotive headlamp; typical 
coatings used are reflective argent coatings and clear topcoats.
    (4) The TPO coating subcategory includes the surface coating of TPO 
substrates; typical coatings used are adhesion promoters, primers, 
color coatings, clear coatings and topcoats. The coating of TPO 
substrates on fully assembled on-road vehicles is not included in the 
TPO coating subcategory.
    (5) The assembled on-road vehicle coating subcategory includes the 
surface coating of plastic parts on fully assembled motor vehicles and 
trailers intended for on-road use, including, but not limited to, 
plastic parts on: automobiles and light trucks that have been repaired 
after a collision or otherwise repainted, fleet delivery trucks, and 
motor homes and other recreational vehicles (including camping trailers 
and fifth wheels). The assembled on-road vehicle coating subcategory 
does not include the surface coating of plastic parts prior to their 
attachment to an on-road vehicle on an original equipment 
manufacturer's (OEM) assembly line. The assembled on-road vehicle 
coating subcategory also does not include the use of adhesives, 
sealants, and caulks used in assembling on-road vehicles.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.4482, that uses 100 gallons per year, or more, of coatings in the 
surface coating of plastic parts and products 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

[[Page 72300]]

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 (12) of this section.
    (1) Surface coating conducted at a source that uses only coatings, 
thinners and other additives, and cleaning materials that contain no 
organic HAP, as determined according to Sec.  63.4541(a).
    (2) Surface coating of plastic subject to the NESHAP for aerospace 
manufacturing and rework facilities (subpart GG of this part).
    (3) Surface coating of plastic and wood subject to the NESHAP for 
wood furniture manufacturing facilities (subpart JJ of this part).
    (4) Surface coating of plastic and metal subject to the NESHAP for 
large appliance surface coating (subpart NNNN of this part).
    (5) Surface coating of plastic and metal subject to the NESHAP for 
metal furniture surface coating.\1\
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    \1\ Proposed at 67 FR 20206, April 24, 2002.
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    (6) Surface coating of plastic and wood subject to the NESHAP for 
wood building products surface coating.\2\
---------------------------------------------------------------------------

    \2\ Proposed at 67 FR 42400, June 21, 2002.
---------------------------------------------------------------------------

    (7) In-mold coating operations or gel coating operations in the 
manufacture of reinforced plastic composite parts subject to the NESHAP 
for reinforced plastics composites production.\3\
---------------------------------------------------------------------------

    \3\ Proposed at 66 FR 40323, August 2, 2001.
---------------------------------------------------------------------------

    (8) Surface coating of parts 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 source is subject to the NESHAP for 
miscellaneous metal parts surface coating.\4\ If your source is subject 
to the NESHAP for miscellaneous metal parts surface coating \5\ and you 
can demonstrate that more than 50 percent of coatings are applied to 
metal surfaces, then compliance with the NESHAP for miscellaneous metal 
parts surface coating \6\ constitutes compliance with subpart PPPP. You 
must maintain records (such as coating usage or surface area) to 
document that more than 50 percent of coatings are applied to metal 
surfaces.
---------------------------------------------------------------------------

    \4\ Proposed at 67 FR 62780, August 13, 2002.
    \5\ Proposed at 67 FR 52780, August 13, 2002.
    \6\ Proposed at 67 FR 52780, August 13, 2002.
---------------------------------------------------------------------------

    (9) Surface coating that occurs at research or laboratory 
facilities or is part of janitorial, building, and facility maintenance 
operations, or hobby shops that are operated for personal rather than 
commercial purposes.
    (10) Surface coating of magnet wire.
    (11) Surface coating of fiberglass boats or parts of fiberglass 
boats where the facility is subject to the requirements for fiberglass 
boat manufacturing facilities in the NESHAP for boat manufacturing 
(subpart VVVV of this part), except where the surface coating of the 
boat is a post-mold coating operation performed on personal watercraft 
or parts of personal watercraft. This subpart applies to post-mold 
coating operations performed on personal watercraft or parts of 
personal watercraft. For the purposes of this subpart, a personal 
watercraft is defined as a vessel (boat) which uses an inboard motor 
powering a water jet pump as its primary source of motive power and 
which is designed to be operated by a person or persons sitting, 
standing, or kneeling on the vessel, rather than in the conventional 
manner of sitting or standing inside the vessel.
    (12) Operations where plastic is extruded onto the plastic part or 
product to form a coating.
    (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 
facility-wide HAP emissions in kilograms (kg) per year (tons per year) 
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.  63.4482  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 four subcategories listed in Sec.  
63.4481(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 plastic parts and products within each 
subcategory:
    (1) All coating operations as defined in Sec.  63.4581;
    (2) All storage containers and mixing vessels in which coatings, 
thinners and other additives, and cleaning materials are stored or 
mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners and other additives, 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 source if it meets the criteria in 
paragraph (c)(1) of this section and the criteria in either paragraph 
(c)(2) or (3) of this section.
    (1) You commenced the construction of the source after December 4, 
2002, by installing new coating equipment.
    (2) The new coating equipment is used to coat plastic parts and 
products at a source where no plastic parts surface coating was 
previously performed.
    (3) The new coating equipment is used to perform plastic parts and 
products coating in a subcategory that was not previously performed.
    (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.  63.4483  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 Sec. Sec.  
63.4540, 63.4550, and 63.4560.
    (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

[[Page 72301]]

compliance date is the date of initial startup of the affected source 
or [DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], 
whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after [DATE OF 
PUBLICATION OF FINAL RULE IN THE Federal Register], whichever is later.
    (d) You must meet the notification requirements in Sec.  63.4510 
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.  63.4490  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.  63.4541, 
Sec.  63.4551, or Sec.  63.4561.
    (1) For each new general use coating affected source, limit organic 
HAP emissions to no more than 0.16 kg (0.16 pound (lb)) of organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period.
    (2) For each new headlamp coating affected source, limit organic 
HAP emissions to no more than 0.26 kg (0.26 lb) of organic HAP emitted 
per kg (lb) coating solids used during each 12-month compliance period.
    (3) For each new TPO coating affected source, limit organic HAP 
emissions to no more than 0.17 kg (0.17 lb) of organic HAP emitted per 
kg (lb) coating solids used during each 12-month compliance period.
    (4) For each new assembled on-road vehicle coating affected source, 
limit organic HAP emissions to no more than 1.34 kg (1.34 lb) of 
organic HAP emitted per kg (lb) of 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.  63.4541, Sec.  
63.4551, or Sec.  63.4561.
    (1) For each existing general use coating affected source, limit 
organic HAP emissions to no more than 0.16 kg (0.16 lb) of organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period.
    (2) For each existing headlamp coating affected source, limit 
organic HAP emissions to no more than 0.45 kg (0.45 lb) of organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period.
    (3) For each existing TPO coating affected source, limit organic 
HAP emissions to no more than 0.23 kg (0.23 lb) of organic HAP emitted 
per kg (lb) coating solids used during each 12-month compliance period.
    (4) For each existing assembled on-road vehicle coating affected 
source, limit organic HAP emissions to no more than 1.34 kg (1.34 lb) 
of organic HAP emitted per kg (lb) of coating solids used during each 
12-month compliance period.


Sec.  63.4491  What are my options for meeting the emission limits?

    You must include all coatings (as defined in Sec.  63.4581), 
thinners and other additives, 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.  
63.4490. 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.  
63.4530(c), and you must report it in the next semiannual compliance 
report required in Sec.  63.4520.
    (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.  63.4490, and that 
each thinner, other additive, and cleaning material used contains no 
organic HAP. You must meet all the requirements of Sec. Sec.  63.4540, 
63.4541, and 63.4542 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 other additives, 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.  63.4490, calculated as a rolling 12-
month emission rate and determined on a monthly basis. You must meet 
all the requirements of Sec. Sec.  63.4550, 63.4551, and 63.4552 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 other additives, 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.  63.4490, calculated as a rolling 12-
month emission rate and determined on a monthly basis. If you use this 
compliance option, you must also demonstrate that all emission capture 
systems and add-on control devices for the coating operation(s) meet 
the operating limits required in Sec.  63.4492, except for solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to Sec.  63.4561(j), and that you meet the work practice 
standards required in Sec.  63.4493. You must meet all the requirements 
of Sec. Sec.  63.4560 through 63.4568 to demonstrate compliance with 
the emission limits, operating limits, and work practice standards 
using this option.


Sec.  63.4492  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.  63.4561(j), you must meet the operating 
limits specified in table 1 of this subpart. These operating limits 
apply to the emission capture and control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during the performance test according to the 
requirements in Sec.  63.4567. You must meet the operating limits at 
all times after you establish them.
    (c) If you use an add-on control device other than those listed in 
table 1 of this

[[Page 72302]]

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.  63.4493  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 other additives, 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 and other 
additives, cleaning materials, and waste materials must be stored in 
closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners and other 
additives, cleaning materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners and other additives, 
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.  63.4500  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.  63.4491(a) and (b), must be in compliance with the 
applicable emission limit in Sec.  63.4490 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec.  63.4491(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.  63.4490 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.  63.4492 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.  63.4561(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec.  63.4493 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 develop and implement a written 
startup, shutdown, and malfunction plan according to the provisions in 
Sec.  63.6(e)(3). The plan must address the startup, shutdown, and 
corrective actions in the event of a malfunction of the emission 
capture system or the add-on control device. The plan must also address 
any coating operation equipment that may cause increased emissions or 
that would affect capture efficiency if the process equipment 
malfunctions, such as conveyors that move parts among enclosures.


Sec.  63.4501  What parts of the General Provisions apply to me?

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

Notifications, Reports, and Records


Sec.  63.4510  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec.  
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.  63.4540, Sec.  63.4550, or Sec.  63.4560 that 
applies to your affected source. The Notification of Compliance Status 
must contain the information specified in paragraphs (c)(1) through (9) 
of this section and in Sec.  63.9(h).
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec.  63.4540, Sec.  63.4550, or Sec.  63.4560 that 
applies to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec.  63.4491 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec.  
63.4490, include all the calculations you used to determine the kg (lb) 
of organic HAP emitted per kg (lb) 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

[[Page 72303]]

results of testing conducted according to Sec.  63.4541(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 
or other additive, and for one cleaning material.
    (ii) Mass fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner or other additive, 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.  63.4551.
    (8) The calculation of kg (lb) of organic HAP emitted per kg (lb) 
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.  63.4541.
    (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 mass 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.  
63.4551.
    (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 other additives, and cleaning materials used 
each month, using Equations 1 and 1A through 1C of Sec.  63.4551; the 
calculation of the total mass of coating solids used each month using 
Equation 2 of Sec.  63.4551; 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.  63.4561 and Equations 2, 
3, and 3A through 3C of Sec.  63.4561, as applicable; the calculation 
of the total mass of organic HAP emissions each month, using Equation 4 
of Sec.  63.4561; and the calculation of the 12-month organic HAP 
emission rate, using Equation 5 of Sec.  63.4561.
    (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.  63.4561(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.  63.4493.


Sec.  63.4520  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by 
reports required under other parts of the Clean Air Act (CAA), as 
specified in paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec.  63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section. 
Note that the information reported for each of the months in the 
reporting period will be based on the last 12 months of data prior to 
the date of each monthly calculation.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec.  63.4540, Sec.  63.4550, or 
Sec.  63.4560 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 
will 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

[[Page 72304]]

months of data prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified 
in Sec.  63.4491 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.  63.4491(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 Sec. Sec.  63.4490, 63.4492, and 63.4493 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 
HAP content requirements in Sec.  63.4490, 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 
applicable emission limit, and each thinner, other additive, 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.  63.4541) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation (e.g., information provided by coating suppliers or 
manufacturers, or test reports).
    (iii) The determination of mass fraction of organic HAP for each 
thinner, other additive, and cleaning material identified in paragraph 
(a)(5)(i) of this section. You do not need to submit background data 
supporting this calculation (e.g., information provided by material 
suppliers or manufacturers, or test reports).
    (iv) A statement of the cause of each deviation.
    (6) Deviations: Emission rate without add-on controls option. If 
you used the emission rate without add-on controls option and there was 
a deviation from the applicable emission limit in Sec.  63.4490, 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.  63.4490.
    (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 of Sec.  63.4551; and if applicable, the calculation used 
to determine mass of organic HAP in waste materials according to Sec.  
63.4551(e)(4). You do not need to submit background data supporting 
these calculations (e.g., information provided by materials suppliers 
or manufacturers, or test reports).
    (iii) A statement of the cause of each deviation.
    (7) Deviations: Emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from an emission limitation (including any periods when 
emissions bypassed the add-on control device and were diverted to the 
atmosphere), the semiannual compliance report must contain the 
information in paragraphs (a)(7)(i) through (xiv) of this section. This 
includes periods of startup, shutdown, and malfunction during which 
deviations occurred.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec.  63.4490.
    (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 other additives, and cleaning 
materials used each month, using Equations 1 and 1A through 1C of Sec.  
63.4551; and, if applicable, the calculation used to determine mass of 
organic HAP in waste materials according to Sec.  63.4551(e)(4); the 
calculation of the total mass of coating solids used each month, using 
Equation 2 of Sec.  63.4551; 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.  63.4561, 
and Equations 2, 3, and 3A through 3C of Sec.  63.4561, as applicable; 
the calculation of the total mass of organic HAP emissions each month, 
using Equation 4 of Sec.  63.4561; and the calculation of the 12-month 
organic HAP emission rate, using Equation 5 of Sec.  63.4561. You do 
not need to submit the background data supporting these calculations 
(e.g., information provided by materials suppliers or manufacturers, or 
test reports).
    (iii) The date and time that each malfunction started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vii) The date, time, and duration that each CPMS was out-of-
control, including the information in Sec.  63.8(c)(8).
    (viii) The date and time period of each deviation from an operating 
limit in Table 1 of this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 1 of this subpart and each bypass of the add-
on control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 of this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as 
a percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For each deviation from the work practice standards, a 
description of the deviation, the date and time period of the 
deviation, and the actions you took to correct the deviation.

[[Page 72305]]

    (xiv) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with 
add-on controls option, you must submit reports of performance test 
results for emission capture systems and add-on control devices no 
later than 60 days after completing the tests as specified in Sec.  
63.10(d)(2).
    (c) Startup, shutdown, malfunction reports. If you used the 
emission rate with add-on controls option and you had a startup, 
shutdown, or malfunction during the semiannual reporting period, you 
must submit the reports specified in paragraphs (c)(1) and (2) of this 
section.
    (1) If your actions were consistent with your startup, shutdown, 
and malfunction plan, you must include the information specified in 
Sec.  63.10(d) in the semiannual compliance report required by 
paragraph (a) of this section.
    (2) If your actions were not consistent with your startup, 
shutdown, and malfunction plan, you must submit an immediate startup, 
shutdown, and malfunction report as described in paragraph (c)(2)(i) 
and (ii) of this section.
    (i) You must describe the actions taken during the event in a 
report delivered by facsimile, telephone, or other means to the 
Administrator within 2 working days after starting actions that are 
inconsistent with the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec.  
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec.  63.10(d)(5)(ii).


Sec.  63.4530  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 or other additive and cleaning material, and the mass 
fraction of coating solids for each coating. If you conducted testing 
to determine mass fraction of organic HAP, density, or mass 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 on 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.  
63.4541.
    (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 other additives, and cleaning materials used 
each month, using Equations 1, 1A through 1C, and 2 of Sec.  63.4551 
and, if applicable, the calculation used to determine mass of organic 
HAP in waste materials according to Sec.  63.4551(e)(4); the 
calculation of the total mass of coating solids used each month using 
Equation 2 of Sec.  63.4551; and the calculation of each 12-month 
organic HAP emission rate, using Equation 3 of Sec.  63.4551.
    (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 other additives, and cleaning materials used 
each month, using Equations 1 and 1A through 1C of Sec.  63.4551; and 
if applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec.  63.4551(e)(4);
    (ii) The calculation of the total mass of coating solids used each 
month, using Equation 2 of Sec.  63.4551;
    (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.  63.4561 and Equations 2, 3, and 3A through 
3C of Sec.  63.4561, as applicable;
    (iv) The calculation of each month's organic HAP emission rate, 
using Equation 4 of Sec.  63.4561; and
    (v) The calculation of each 12-month organic HAP emission rate, 
using Equation 5 of Sec.  63.4561.
    (d) A record of the name and volume of each coating, thinner or 
other additive, and cleaning material used during each compliance 
period. If you are using the compliant material option for all coatings 
at the source, you may maintain purchase records for each material used 
rather than a record of the volume used.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner or other additive, and cleaning material used during each 
compliance period.
    (f) A record of the mass fraction of coating solids for each 
coating used during each compliance period.
    (g) 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 coating, thinner or other additive, and cleaning material used 
during each compliance period.
    (h) If you use an allowance in Equation 1 of Sec.  63.4551 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) 
according to Sec.  63.4551(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.  
63.4551, 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.  
63.4551.
    (3) The methodology used in accordance with Sec.  63.4551(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.

[[Page 72306]]

    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 of this subpart that applies to 
you.
    (4) 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.  63.4565(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 Sec. Sec.  63.4564 and 63.4565(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.  63.4565(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.  63.4566.
    (i) Records of each add-on control device performance test 
conducted according to Sec. Sec.  63.4564 and 63.4566.
    (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.  63.4567 and to document compliance with the 
operating limits as specified in Table 1 of this subpart.
    (8) A record of the work practice plan required by Sec.  63.4493 
and documentation that you are implementing the plan on a continuous 
basis.


Sec.  63.4531  In what form and for how long must I keep my records?

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

Compliance Requirements for the Compliant Material Option


Sec.  63.4540  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.  
63.4541. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through that month plus the next 12 months. 
The initial compliance demonstration includes the calculations 
according to Sec.  63.4541 and supporting documentation showing that 
during the initial compliance period, you used no coating with an 
organic HAP content that exceeded the applicable emission limit in 
Sec.  63.4490, and that you used no thinners, other additives, or 
cleaning materials that contained organic HAP as determined according 
to Sec.  63.4541(a).


Sec.  63.4541  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the compliant material option for any individual 
coating operation, for any group of coating operations in the affected 
source, or for all the coating operations in the affected source. You 
must use either the emission rate without add-on controls option or the 
emission rate with add-on controls option for any coating operation in 
the affected source for which you do not use this option. To 
demonstrate initial compliance using the compliant material option, the 
coating operation or group of coating operations must use no coating 
with an organic HAP content that exceeds the applicable emission limit 
in Sec.  63.4490 and must use no thinner or other additive, 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 Sec. Sec.  63.4492 and 63.4493, respectively. You 
must conduct a separate initial compliance demonstration for each 
general use coating, TPO coating, headlamp coating, and assembled on-
road vehicle coating affected source. You must meet all the 
requirements of this section. Use the procedures in this section on 
each coating, thinner or other additive, 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 coatings, thinners and other additives, and cleaning 
materials that are reclaimed onsite and reused in the coating operation 
for which you use the compliant material option, provided these 
materials in their condition as received were demonstrated to comply 
with the compliant material option.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner or other additive, and cleaning material used during 
the compliance period by

[[Page 72307]]

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 (e.g., 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (e.g., 
0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP that is present at 0.1 percent by mass or more for OSHA-defined 
carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent 
by mass or more for other compounds. For example, if toluene (not an 
OSHA carcinogen) is 0.5 percent of the material by mass, you do not 
have to count it. If there is a disagreement between such information 
and results of a test conducted according to paragraphs (a)(1) through 
(3) of this section, then the test method results will take precedence.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in 
these solvent blends listed in Table 3 or 4 of this subpart. If you use 
the tables, you must use the values in Table 3 for all solvent blends 
that match Table 3 entries, and you may only use Table 4 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 3 and you only know whether the blend is aliphatic or 
aromatic. However, if the results of a Method 311 test indicate higher 
values than those listed on Table 3 or 4 of this subpart, the Method 
311 results will take precedence.
    (b) Determine the mass fraction of coating solids for each coating. 
You must determine the mass fraction of coating solids (pounds of 
coating solids per pound 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) 
through (3) of this section. If test results obtained according to 
paragraph (b)(1) or (2) of this section do not agree with the 
information obtained under paragraph (b)(3) of this section, the test 
results will take precedence.
    (1) Method 24 (appendix A to 40 CFR part 60). You may use Method 24 
for determining the mass fraction of solids of coatings.
    (2) Alternative method. You may use an alternative test method for 
determining the solids content of each coating once the Administrator 
has approved it. You must follow the procedure in Sec.  63.7(f) to 
submit an alternative test method for approval.
    (3) Information from the supplier or manufacturer of the material. 
You may obtain the mass fraction of coating solids for each coating 
from the supplier or manufacturer. If there is disagreement between 
such information and the test method results, then the test method 
results will take precedence.
    (c) Calculate the organic HAP content of each coating. Calculate 
the organic HAP content, kg (lb) of organic HAP emitted per kg (lb) 
coating solids used, of each coating used during the compliance period, 
using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP04DE02.001

Where:
Hc = organic HAP content of the coating, kg (lb) of organic 
HAP emitted per kg (lb) coating solids used.
Wc = mass fraction of organic HAP in the coating, lb organic 
HAP per lb coating, determined according to paragraph (a) of this 
section.
Sc = mass fraction of coating solids, lb coating solids per 
lb coating, determined according to paragraph (b) of this section.

    (d) 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 limit in Sec.  63.4490; and 
each thinner or other additive, 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 Sec. Sec.  63.4530 and 63.4531. As part of the Notification 
of Compliance Status required in Sec.  63.4510, you must identify the 
coating operation(s) for which you used the compliant material option 
and submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the initial compliance 
period because you used no coatings for which the organic HAP content 
exceeded the applicable emission limit in Sec.  63.4490, and you used 
no thinners, other additives, or cleaning materials that contained 
organic HAP, determined according to the procedures in paragraph (a) of 
this section.


Sec.  63.4542  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.  63.4541) exceeds the applicable 
emission limit in Sec.  63.4490, and use no thinner or other additive, 
or cleaning material that contains organic HAP, determined according to 
Sec.  63.4541(a). A compliance period consists of 12 months. Each 
month, after the end of the initial compliance period described in 
Sec.  63.4540, 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 other 
additive, 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 Sec. Sec.  
63.4510(c)(6) and 63.4520(a)(5).
    (c) As part of each semiannual compliance report required by Sec.  
63.4520, you must identify the coating

[[Page 72308]]

operation(s) for which you used the compliant material option. If there 
were no deviations from the applicable emission limit in Sec.  63.4490, 
submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the reporting period 
because you used no coatings for which the organic HAP content exceeded 
the applicable emission limit in Sec.  63.4490, and you used no thinner 
or other additive, or cleaning material that contained organic HAP, 
determined according to Sec.  63.4541(a).
    (d) You must maintain records as specified in Sec. Sec.  63.4530 
and 63.4531.

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


Sec.  63.4550  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.  
63.4551. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
mass of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the calculations 
according to Sec.  63.4551 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.  63.4490.


Sec.  63.4551  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.  63.4490, but is not 
required to meet the operating limits or work practice standards in 
Sec. Sec.  63.4492 and 63.4493, respectively. You must conduct a 
separate initial compliance demonstration for each general use coating, 
TPO coating, headlamp coating, and assembled on-road vehicle coating 
affected source. You must meet all the requirements of this section. 
When calculating the organic HAP emission rate according to this 
section, do not include any coatings, thinners or other additives, or 
cleaning materials used on coating operations for which you use the 
compliant material option or the emission rate with add-on controls 
option or coating operations in a different affected source in a 
different subcategory. You do not need to redetermine the mass of 
organic HAP in coatings, thinners and other additives, or cleaning 
materials that have been reclaimed onsite 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 or 
other additive, and cleaning material used during each month according 
to the requirements in Sec.  63.4541(a).
    (b) Determine the mass fraction of coating solids. Determine the 
mass fraction of coating solids (pounds of solids per pound of coating) 
for each coating used during each month according to the requirements 
in Sec.  63.4541(b).
    (c) Determine the density of each material. Determine the density 
of each coating, thinner or other additive, and cleaning material used 
during each month from test results using ASTM Method D1475-98, 
information from the supplier or manufacturer of the material, or 
reference sources providing density or specific gravity data for pure 
materials. If there is disagreement between ASTM Method D1475-98 test 
results and other such information sources, the test results will take 
precedence.
    (d) Determine the volume of each material used. Determine the 
volume (gallons) of each coating, thinner or other additive, 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 other additives, 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] TP04DE02.002

Where:

He = total mass of organic HAP emissions during the month, 
lb.
A = total mass of organic HAP in the coatings used during the month, 
lb, as calculated in Equation 1A of this section.
B = total mass of organic HAP in the thinners and other additives used 
during the month, lb, as calculated in Equation 1B of this section.
C = total mass of organic HAP in the cleaning materials used during the 
month, lb, 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, lb, 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 lb organic HAP in the coatings used during the 
month using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TP04DE02.003

Where:

A = total mass of organic HAP in the coatings used during the month, 
lb.
Volc,i = total volume of coating, i, used during the month, 
gallons.
Dc,i = density of coating, i, lb coating per gallon coating.
Wc,i = mass fraction of organic HAP in coating, i, lb 
organic HAP per lb coating.
m = number of different coatings used during the month.

    (2) Calculate the lb of organic HAP in the thinners and other 
additives used

[[Page 72309]]

during the month using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TP04DE02.004

Where:

B = total mass of organic HAP in the thinners and other additives used 
during the month, lb.
Volt,j = total volume of thinner or other additive, j, used 
during the month, gallons.
Dt,j = density of thinner or other additive, j, lb per 
gallon.
Wt,j = mass fraction of organic HAP in thinner or other 
additive, j, lb organic HAP per lb thinner.
n = number of different thinners or other additives used during the 
month.

    (3) Calculate the lb organic HAP in the cleaning materials used 
during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP04DE02.005

Where:

C = total mass of organic HAP in the cleaning materials used during the 
month, lb.
Vols,k = total volume of cleaning material, k, used during 
the month, gallons.
Ds,k = density of cleaning material, k, lb per gallon.
Ws,k = mass fraction of organic HAP in cleaning material, k, 
lb organic HAP per lb 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 in the affected source for which 
you use Equation 1 of this section and that will be treated or disposed 
of by a facility that is 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 methodology you use to determine the 
amount of waste materials and the total mass of organic HAP they 
contain, as required in Sec.  63.4530(h). To the extent that waste 
manifests include this, 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 mass of coating solids used. Determine the 
total mass of coating solids used, lb, which is the combined mass of 
coating solids for all coatings used during each month using Equation 2 
of this section:
[GRAPHIC] [TIFF OMITTED] TP04DE02.006

Where:

Mst = total mass of coating solids used during the month, 
lb.
Volc,i = total volume of coating, i, used during the month, 
gallons.
Dc,i = density of coating, i, lbs per gallon coating, 
determined according to 63.4551(c).
Ms,i = mass fraction of coating solids for coating, i, lbs 
solids per lb coating, determined according to Sec.  63.4541(b).
m = number of coatings used during the month.

    (g) Calculate the organic HAP emission rate for the 12-month 
compliance period, kg (lb) of organic HAP emitted per kg (lb) coating 
solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP04DE02.007

Where:

Hyr = average organic HAP emission rate for the 12-month 
compliance period, kg (lb) of organic HAP emitted per kg (lb) coating 
solids used.
He = total mass of organic HAP emissions from all materials 
used during month, y, lb, as calculated by Equation 1 of this section.
Mst = total mass of coating solids used during month, y, lb, 
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.  63.4490. You must keep all records 
as required by Sec. Sec.  63.4530 and 63.4531. As part of the 
Notification of Compliance Status required by Sec.  63.4510, 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.  
63.4490, determined according to the procedures in this section.


Sec.  63.4552  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.  
63.4551(a) through (g), must be less than or equal to the applicable 
emission limit in Sec.  63.4490. A compliance period consists of 12 
months. Each month after the end of the initial compliance period 
described in Sec.  63.4550 is the end of a compliance period consisting 
of that month and the preceding 11 months. You must perform the 
calculations in Sec.  63.4551(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.  63.4490, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec.  63.4510(c)(6) and 
63.4520(a)(6).

[[Page 72310]]

    (c) As part of each semiannual compliance report required by Sec.  
63.4520, 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.  63.4490, determined according to 
Sec.  63.4551(a) through (g).
    (d) You must maintain records as specified in Sec. Sec.  63.4530 
and 63.4531.

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


Sec.  63.4560  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.  63.4483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4561(j), you must conduct a performance test of each capture 
system and add-on control device according to Sec. Sec.  63.4564, 
63.4565, and 63.4566 and establish the operating limits required by 
Sec.  63.4492 no later than 180 days after the applicable compliance 
date specified in Sec.  63.4483. For a solvent recovery system for 
which you conduct liquid-liquid material balances according to Sec.  
63.4561(j), you must initiate the first material balance no later than 
the applicable compliance date specified in Sec.  63.4483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.4493 no later than the compliance date specified 
in Sec.  63.4483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.4561. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
mass of coatings 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 Sec. Sec.  63.4564, 63.4565, and 63.4566; 
results of liquid-liquid material balances conducted according to Sec.  
63.4561(j); calculations according to Sec.  63.4561 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.  63.4490; the operating limits established 
during the performance tests and the results of the continuous 
parameter monitoring required by Sec.  63.4568; and documentation of 
whether you developed and implemented the work practice plan required 
by Sec.  63.4493.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.4492 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.  63.4561(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.  63.4483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4561(j), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Sec. Sec.  63.4564, 63.4565, and 63.4566 and establish the operating 
limits required by Sec.  63.4492 no later than the compliance date 
specified in Sec.  63.4483. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec.  63.4561(j), 
you must initiate the first material balance no later than the 
compliance date specified in Sec.  63.4483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.4493 no later than the compliance date specified 
in Sec.  63.4483.
    (3) You must complete the compliance demonstration for the initial 
compliance period according to the requirements of Sec.  63.4561. The 
initial compliance period begins on the applicable compliance date 
specified in Sec.  63.4483 and ends on the last day of the 12th month 
following the compliance date. If the compliance date occurs on any day 
other than the first day of a month, then the initial compliance period 
extends through the end of that month plus the next 12 months. You must 
determine the mass of organic HAP emissions and mass of coatings 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 Sec. Sec.  63.4564, 63.4565, and 63.4566; results of liquid-liquid 
material balances conducted according to Sec.  63.4561(j); calculations 
according to Sec.  63.4561 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.  63.4490; 
the operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec.  
63.4568; and documentation of whether you developed and implemented the 
work practice plan required by Sec.  63.4493.


Sec.  63.4561  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 Sec. Sec.  63.4490,

[[Page 72311]]

63.4492, and 63.4493. You must conduct a separate initial compliance 
demonstration for each general use coating, TPO coating, headlamp 
coating and assembled on-road vehicle coating affected source. You must 
meet all the requirements of this section. When calculating the organic 
HAP emission rate according to this section, do not include any 
coatings, thinners and other additives, or cleaning materials used on 
coating operations for which you use the compliant material option or 
the emission rate without add-on controls option or coating operations 
in a different affected source in a different subcategory. You do not 
need to redetermine the mass of organic HAP in coatings, thinners and 
other additives, or cleaning materials that have been reclaimed onsite 
and reused in the coatings operation(s) for which you use the emission 
rate with add-on controls option.
    (b) Compliance with operating limits. Except as provided in Sec.  
63.4560(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.  63.4492, using the procedures 
specified in Sec. Sec.  63.4567 and 63.4568.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.4493 during the initial compliance period, as 
specified in Sec.  63.4530.
    (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.  63.4490 for each affected 
source in each subcategory.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and mass fraction of coating solids. Follow the procedures 
specified in Sec.  63.4551(a) through (d) to determine the mass 
fraction of organic HAP, density, and volume of each coating, thinner 
or other additive, and cleaning material used during each month; and 
the mass 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.  63.4551, calculate the total mass 
of organic HAP emissions before add-on controls from all coatings, 
thinners and other additives, 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 other additives, 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.  63.4563(c) or (d) occurs in the controlled 
coating operation, including a deviation during a period of startup, 
shutdown, or malfunction, then 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] TP04DE02.008

Where:

HC = mass of organic HAP emission reduction for the 
controlled coating operation during the month, lb.
AC = total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, lb, as calculated in 
Equation 1A of this section.
BC = total mass of organic HAP in the thinners and other 
additives used in the controlled coating operation during the month, 
lb, 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, lb, as 
calculated in Equation 1C of this section.
HUNC = total mass of organic HAP in the coatings, thinners 
and other additives, and cleaning materials used during all deviations 
specified in Sec.  63.4563(c) and (d) that occurred during the month in 
the controlled coating operation, lb, 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 Sec. Sec.  63.4564 and 63.4565 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 
Sec. Sec.  63.4564 and 63.4566 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, lb, using Equation 1A of this section:

[[Page 72312]]

[GRAPHIC] [TIFF OMITTED] TP04DE02.009


Where:
AC = total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, lb.
Volc,i = total volume of coating, i, used during 
the month, gallons.
Dc,i = density of coating, i, lb per gallon.
Wc,i = mass fraction of organic HAP in coating, 
i, lb per lb.
m = number of different coatings used.

    (2) Calculate the mass of organic HAP in the thinners and other 
additives used in the controlled coating operation, lb using Equation 
1B of this section.
[GRAPHIC] [TIFF OMITTED] TP04DE02.010

Where:

BC = total mass of organic HAP in the thinners and other 
additives used in the controlled coating operation during the month, 
lb.
Volt,j = total volume of thinner or other 
additive, j, used during the month, gallons.
Dt,j = density of thinner or other additive, j, 
lb per gallon.
Wt,j = mass fraction of organic HAP in thinner or 
other additive, j, lb per lb.
n = number of different thinners and other additives used.

    (3) Calculate the mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, lb, using 
Equation 1C of this section.
[GRAPHIC] [TIFF OMITTED] TP04DE02.011

Where:

CC = total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, lb.
Vols,k = total volume of cleaning material, k, 
used during the month, gallons.
Ds,k = density of cleaning material, k, lb per 
gallon.
Ws,k = mass fraction of organic HAP in cleaning 
material, k, lb per lb.
p = number of different cleaning materials used.

    (4) Calculate the mass of organic HAP in the coatings, thinners and 
other additives, and cleaning materials used in the controlled coating 
operation during deviations specified in Sec.  63.4563(c) and (d), 
using Equation 1D of this section.
[GRAPHIC] [TIFF OMITTED] TP04DE02.012

Where:

HUNC = total mass of organic HAP in the coatings, thinners 
and other additives, and cleaning materials used during all deviations 
specified in Sec.  63.4563(c) and (d) that occurred during the month in 
the controlled coating operation, lb.
Volh = total volume of coating, thinner or other additive, 
or cleaning material, h, used in the controlled coating operation 
during deviations, gallons.
Dh = density of coating, thinner or other additive, or 
cleaning material, h, lb per gallon.
Wh = mass fraction of organic HAP in coating, thinner or 
other additive, or cleaning material, h, lb organic HAP per lb coating.
q = number of different coatings, thinners and other additives, and 
cleaning materials used.
    (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 other additives, 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, 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 or other additive, and cleaning material used in the 
coating operation

[[Page 72313]]

controlled by the solvent recovery system during the month, lb volatile 
organic matter per lb 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 or other 
additive, and cleaning material used in the coating operation 
controlled by the solvent recovery system during the month, lb per 
gallon, according to Sec.  63.4551(c).
    (5) Measure the volume of each coating, thinner or other additive, 
and cleaning material used in the coating operation controlled by the 
solvent recovery system during the month, gallons.
    (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] TP04DE02.013

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, lb.
Voli = volume of coating, i, used in the coating operation 
controlled by the solvent recovery system during the month, gallons.
Di = density of coating, i, lb per gallon.
WVc,i = mass fraction of volatile organic matter for 
coating, i, lb volatile organic matter per lb coating.
Volj = volume of thinner or other additive, j, used in the 
coating operation controlled by the solvent recovery system during the 
month, gallons.
Dj = density of thinner or other additive, j, lb per gallon.
WVt,j = mass fraction of volatile organic matter for thinner 
or other additive, j, lb volatile organic matter per lb thinner or 
other additive.
Volk = volume of cleaning material, k, used in the coating 
operation controlled by the solvent recovery system during the month, 
gallons.
Dk = density of cleaning material, k, lb per gallon.
WVs,k = mass fraction of volatile organic matter for 
cleaning material, k, lb volatile organic matter per lb 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 and other additives 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 and according to paragraphs 
(j)(7)(i) through (iii) of this section:

[GRAPHIC] [TIFF OMITTED] TP04DE02.014


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, lb.
ACSR = total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, lb, 
calculated using Equation 3A of this section.
BCSR = total mass of organic HAP in the thinners and other 
additives used in the coating operation controlled by the solvent 
recovery system, lb, 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, lb, 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, lb, using 
Equation 3A of this section:

[GRAPHIC] [TIFF OMITTED] TP04DE02.015


Where:

ACSR = total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system during the 
month, lb.
Volc,i = total volume of coating, i, used during the month 
in the coating operation controlled by the solvent recovery system, 
gallons.
Dc,i = density of coating, i, lb per gallon.

[[Page 72314]]

Wc,i = mass fraction of organic HAP in coating, i, lb 
organic HAP per lb coating.
m = number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners and other 
additives used in the coating operation controlled by the solvent 
recovery system, lb, using Equation 3B of this section:

[GRAPHIC] [TIFF OMITTED] TP04DE02.016


Where:

BCSR = total mass of organic HAP in the thinners and other 
additives used in the coating operation controlled by the solvent 
recovery system during the month, lb.
Volt,j = total volume of thinner or other additive, j, used 
during the month in the coating operation controlled by the solvent 
recovery system, gallons.
Dt,j = density of thinner or other additive, j, lb per 
gallon.
Wt,j = mass fraction of organic HAP in thinner or other 
additive, j, lb organic HAP per lb thinner or other additive.
n = number of different thinners and other additives 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, lb, using Equation 3C of this section.

[GRAPHIC] [TIFF OMITTED] TP04DE02.017


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, lb.
Vols,k = total volume of cleaning material, k, used during 
the month in the coating operation controlled by the solvent recovery 
system, gallons.
Ds,k = density of cleaning material, k, lb per gallon.
Ws,k = mass fraction of organic HAP in cleaning material, k, 
lb organic HAP per lb cleaning material.
p = number of different cleaning materials used.

    (k) Calculate the total mass of coating solids used. Determine the 
total mass of coating solids used, pounds, which is the combined mass 
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.  
63.4551.
    (l) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, lb, during each month, 
using Equation 4 of this section:

[GRAPHIC] [TIFF OMITTED] TP04DE02.018


Where:

HHAP = total mass of organic HAP emissions for the month, 
lb.
He = total mass of organic HAP emissions before add-on 
controls from all the coatings, thinners and other additives, and 
cleaning materials used during the month, lb, 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, lb, 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, lb, 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 (lb) of organic HAP emitted per kg (lb) 
coating solids used, using Equation 5 of this section:

[GRAPHIC] [TIFF OMITTED] TP04DE02.019

Where:

Hannual = organic HAP emission rate for the 12-month 
compliance period, kg of organic HAP emitted per kg coating solids used 
(lb organic HAP emitted per lb coating solids used).
HHAP,y = organic HAP emission rate for month, y, determined 
according to Equation 4 of this section.
Mst,y = total mass of coating solids used during month, y, 
lb, from Equation 2 of Sec.  63.4551.
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 for each 
subcategory in Sec.  63.4490. You must keep all records as required by 
Sec. Sec.  63.4530 and 63.4531. As part of the Notification of 
Compliance Status required by Sec.  63.4510, 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

[[Page 72315]]

limitations during the initial compliance period because the organic 
HAP emission rate was less than or equal to the applicable emission 
limit in Sec.  63.4490, and you achieved the operating limits required 
by Sec.  63.4492 and the work practice standards required by Sec.  
63.4493.


Sec.  63.4562  [Reserved.]


Sec.  63.4563  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec.  63.4490, the organic HAP emission rate for each 
compliance period, determined according to the procedures in Sec.  
63.4561, must be equal to or less than the applicable emission limit in 
Sec.  63.4490 for that subcategory. A compliance period consists of 12 
months. Each month after the end of the initial compliance period 
described in Sec.  63.4560 is the end of a compliance period consisting 
of that month and the preceding 11 months. You must perform the 
calculations in Sec.  63.4561 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.  63.4490, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec.  63.4510(b)(6) and 
63.4520(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.4492 that applies to you, as specified in 
Table 1 of this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 of this subpart, this is a deviation from the operating 
limit that must be reported as specified in Sec. Sec.  63.4510(b)(6) 
and 63.4520(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 of this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Sec. Sec.  
63.4561(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.  63.4561.
    (d) You must meet the requirements for bypass lines in Sec.  
63.4568(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 
Sec. Sec.  63.4510(b)(6) and 63.4520(a)(7). For the purposes of 
completing the compliance calculations specified in Sec. Sec.  
63.4561(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.  63.4561.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.4493. 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.  63.4530(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec.  63.4510(c)(6) and 63.4520(a)(7).
    (f) As part of each semiannual compliance report required in Sec.  
63.4520, 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.  
63.4490, and you achieved the operating limits required by Sec.  
63.4492 and the work practice standards required by Sec.  63.4493 
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.  63.4500(c).
    (h) Consistent with Sec. Sec.  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 Sec. Sec.  63.4530 
and 63.4531.


Sec.  63.4564  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.4560 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.  63.4565. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.4566.


Sec.  63.4565  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.  63.4560.
    (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 other additives, and cleaning 
materials used in the coating operation are applied within the capture 
system; coating

[[Page 72316]]

solvent flash-off, curing, and drying occurs within the capture system; 
and the removal or evaporation of cleaning materials from the surfaces 
they are applied to occurs within the capture system. For example, this 
criterion is not met if parts enter the open shop environment when 
being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours 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 the production, which includes surface preparation 
activities and drying and 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 other 
additives, and cleaning materials are applied, and all areas where 
emissions from these applied coatings and materials subsequently occur, 
such as flash-off, curing, and drying areas. The areas of the coating 
operation where capture devices collect emissions for routing to an 
add-on control device, such as the entrance and exit areas of an oven 
or spray booth, must also be inside the enclosure. The enclosure must 
meet the applicable definition of a temporary total enclosure or 
building enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating, 
thinner and other additive, 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 other additives, 
and cleaning materials used in the coating operation during each 
capture efficiency test run:

[GRAPHIC] [TIFF OMITTED] TP04DE02.020


Where:

TVHused = Mass of liquid TVH in materials used in the 
coating operation during the capture efficiency test run, lb.
TVHi = mass fraction of TVH in coating, thinner or other 
additive, or cleaning material, i, that is used in the coating 
operation during the capture efficiency test run, lb TVH per lb 
material.
Voli = total volume of coating, thinner or other additive, 
or cleaning material, i, used in the coating operation during the 
capture efficiency test run, gallons.
Di = density of coating, thinner or other additive, or 
cleaning material, i, lb material per gallon material.
    n = number of different coatings, thinners and other additives, 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, lb, 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] TP04DE02.021


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, lb.
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, 
lb.

    (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.

[[Page 72317]]

    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners and other 
additives, and cleaning materials are applied, and all areas where 
emissions from these applied coatings and materials subsequently occur, 
such as flash-off, curing, and drying areas. The areas of the coating 
operation where capture devices collect emissions generated by the 
coating operation for routing to an add-on control device, such as the 
entrance and exit areas of an oven or a spray booth, must also be 
inside the enclosure. The enclosure must meet the applicable definition 
of a temporary total enclosure or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, lb, of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C measurement 
must be upstream from the add-on control device and must represent 
total emissions routed from the capture system and entering the add-on 
control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, lb, 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] TP04DE02.022


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, lb.

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, 
lb.
    (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.  63.4566  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.  63.4560. 
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.
    (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-on control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet to the 
atmosphere of each device. For example, if one add-on control device is 
a concentrator with an outlet to the atmosphere 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 to the atmosphere 
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:
Mf = Qsd Cc (12) (0.0416) 
(10-6) (Eq. 1)


[[Page 72318]]



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] TP04DE02.024

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.  63.4567  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.  63.4560 and described 
in Sec. Sec.  63.4564, 63.4565, and 63.4566, you must establish the 
operating limits required by Sec.  63.4492 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.4492.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained 
during the performance test. These are the minimum operating limits for 
your catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet 
to the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e, 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and, as necessary, 
adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec.  63.4566.
    (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) Concentrator. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to

[[Page 72319]]

paragraphs (e)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.
    (f) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec.  63.4565(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 of this subpart.
    (1) During the capture efficiency determination required by Sec.  
63.4560 and described in Sec. Sec.  63.4564 and 63.4565, 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.  63.4568  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section 
according to paragraphs (a)(1) through (6) of this section. You must 
install, operate, and maintain each CPMS specified in paragraphs (b) 
and (d) of this section according to paragraphs (a)(3) through (5) of 
this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for 
each successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, 
and validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that a controlled 
coating operation is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities (including, if applicable, calibration checks and required 
zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out-of-control periods, or required quality 
assurance or control activities when calculating data averages. You 
must use all the data collected during all other periods in calculating 
the data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out-of-control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must 
be recorded, as well as every time the flow direction is changed. The 
flow control position indicator must be installed at the entrance to 
any bypass line that could divert the emissions away from the add-on 
control device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass 
line valve in the closed position with a car-seal or a lock-and-key 
type configuration. You must visually inspect the seal or closure 
mechanism at least once every month to ensure that the valve is 
maintained in the closed position, and the emissions are not diverted 
away from the add-on control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve 
is in the closed (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.  63.4520.
    (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

[[Page 72320]]

catalyst bed to measure the temperature difference across the bed.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of 
this section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 30 degrees Fahrenheit of the process temperature sensor 
reading.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
the carbon bed temperature after each regeneration and cooling cycle, 
and comply with paragraphs (a)(3) through (5) and (d)(1) and (2) of 
this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a measurement 
sensitivity of 1 percent of the temperature recorded or 1 degree 
Fahrenheit, whichever is greater, and must be capable of recording the 
temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a measurement sensitivity 
of 1 percent of the temperature recorded or 1 degree Fahrenheit, 
whichever is greater.
    (2) The temperature monitor must provide a gas temperature record 
at least once every 15 minutes.
    (f) Concentrator. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (f)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in 
paragraphs (a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (f)(2)(i) through (vii) of 
this section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or 
a transducer with a minimum tolerance of 1 percent of the pressure 
range.
    (iv) Check the pressure tap daily.
    (v) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (vi) Conduct calibration checks anytime the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vii) At least monthly, inspect all components for integrity, all 
electrical connections for continuity, and all mechanical connections 
for leakage.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the 
requirements in paragraphs (a) and (g)(1)(i) through (iv) of this 
section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least 
semiannually.
    (iv) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (g)(2)(i) through (vi) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (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.  63.4580  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 listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the work practice standards in 
Sec.  63.4493 under Sec.  63.6(g).

[[Page 72321]]

    (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.  63.4581  What definitions apply to this subpart?

    Terms used in this subpart are defined in the Clean Air Act, in 40 
CFR 63.2, the General Provisions of this part, and in this section as 
follows:
    Additive means a material that is added to a coating after purchase 
from a supplier (e.g., catalysts, activators, accelerators).
    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, adhesive coating means any chemical substance that is 
applied for the purpose of bonding two surfaces together.
    Assembled on-road vehicle coating means any coating operation in 
which coating is applied to the surface of some plastic component or 
plastic surface of a fully assembled motor vehicle or trailer intended 
for on-road use, including, but not limited to, plastic components or 
surfaces on: automobiles and light trucks that have been repaired after 
a collision or otherwise repainted, fleet delivery trucks, and motor 
homes and other recreational vehicles (including camping trailers and 
fifth wheels). Assembled on-road vehicle coating does not include the 
surface coating of plastic parts prior to their attachment to an on-
road vehicle on an original equipment manufacturer's (OEM) assembly 
line. Assembled on-road vehicle coating also does not include the use 
of adhesives, sealants, and caulks used in assembling on-road vehicles.
    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 and cleaning 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
coating operation are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(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, liquid plastic coatings, 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 (surface 
preparation) or to remove dried coating; 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 handheld, 
nonrefillable aerosol containers, touch-up markers, or marking pens is 
not a coating operation for the purposes of this subpart.
    Coatings solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of coating operation, or 
capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limit or operating 
limit, or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is permitted by 
this subpart.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions 
and captures and directs the emissions to an add-on control device.
    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 coating operation that is not a 
headlamp, TPO, or assembled on-road vehicle coating operation.
    Headlamp coating means any coating operation in which coating is 
applied to the surface of some component of the body of an automotive 
headlamp, including the application of reflective argent coatings and 
clear topcoats. Headlamp coating does not include any coating operation 
performed on an assembled on-road vehicle.
    Hobby shop means any surface coating operation, located at an 
affected source, that is used exclusively for personal, noncommercial 
purposes by the affected source's employees or assigned personnel.
    Liquid plastic coating means a coating made from fine, particle-
size polyvinyl chloride (PVC) in solution (also referred to as 
plastisol).
    Manufacturer's formulation data means data on a material (such as a

[[Page 72322]]

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.  63.4541. 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 coating solids means the ratio of the mass of 
solids (also known as the mass of nonvolatiles) to the mass of a 
coating in which it is contained; lb of coating solids per lb of 
coating.
    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 lb 
of organic HAP per lb of material.
    Month means a calendar month or a pre-specified period of 28 days 
to 35 days to allow for flexibility in recordkeeping when data are 
based on a business accounting period.
    Organic HAP content means the mass of organic HAP per mass of 
coating solids for a coating calculated using Equation 1 of Sec.  
63.4541. 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.
    Personal Watercraft means a vessel (boat) which uses an inboard 
motor powering a water jet pump as its primary source of motive power 
and which is designed to be operated by a person or persons sitting, 
standing, or kneeling on the vessel, rather than in the conventional 
manner of sitting or standing inside the vessel.
    Plastic part and product means any piece or combination of pieces 
of which at least one has been formed from one or more resins. Such 
pieces may be solid, porous, flexible or rigid.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Startup, initial means the first time equipment is brought online 
in a facility.
    Surface preparation means use of a cleaning material on a portion 
of or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called ``depainting.''
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from 
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thermoplastic olefin (TPO) coating means any coating operation in 
which the coatings are components of a system of coatings applied to a 
TPO substrate, including adhesion promoters, primers, color coatings, 
clear coatings and topcoats. Thermoplastic olefin coating does not 
include the coating of TPO substrates on assembled on-road vehicles.
    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).
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or 
discharged.
    If you are required to comply with operating limits by Sec.  
63.4491(c), you must comply with the applicable operating limits in the 
following table:

   Table 1.--To Subpart PPPP of Part 63--Operating Limits if Using the
                Emission Rate with Add-On Controls Option
------------------------------------------------------------------------
                                                        and you must
                                                         demonstrate
                                you must meet the        continuous
  For the following device     following operating   compliance with the
                                   limit . . .      operating limit by .
                                                             . .
------------------------------------------------------------------------
1. thermal oxidizer.........  a. the average        i. collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.4568(c); ii.
                               combustion            reducing the data
                               temperature limit     to 3-hour block
                               established           averages; and iii.
                               according to Sec.     maintaining the 3-
                               63.4567(a).           hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
2. catalytic oxidizer.......  a. the average        i. collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.4568(c); ii.
                               bed in any 3-hour     reducing the data
                               period must not       to 3-hour block
                               fall below the        averages; and iii.
                               limit established     maintaining the 3-
                               according to Sec.     hour average
                               63.4567(b); and       temperature before
                               either.               the catalyst bed at
                                                     or above the
                                                     temperature limit.
                              b. ensure that the    i. collecting the
                               average temperature   temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.4568(c),
                               any 3-hour period     reducing the data
                               does not fall below   to 3-hour block
                               the temperature       averages, and
                               difference limit      maintaining the 3-
                               established           hour average
                               according to Sec.     temperature
                               63.4567(b)(2); or     difference at or
                                                     above the
                                                     temperature
                                                     difference limit;
                                                     or

[[Page 72323]]

 
                              c. develop and        i. maintaining an up-
                               implement an          to-date inspection
                               inspection and        and maintenance
                               maintenance plan      plan, records of
                               according to Sec.     annual catalyst
                               63.4567(b)(4).        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.
                                                     63.4567(b)(4), you
                                                     must take
                                                     corrective action
                                                     as soon as
                                                     practicable
                                                     consistent with the
                                                     manufacturer's
                                                     recommendations.
3. carbon adsorber..........  a. the total          i. measuring the
                               regeneration          total regeneration
                               desorbing gas         desorbing gas
                               (e.g., steam or       (e.g., steam or
                               nitrogen) mass flow   nitrogen) mass flow
                               for each carbon bed   for each
                               regeneration cycle    regeneration cycle
                               must not fall below   according to Sec.
                               the total             63.4568(d); and ii.
                               regeneration          maintaining the
                               desorbing gas mass    total regeneration
                               flow limit            desorbing gas mass
                               established           flow at or above
                               according to Sec.     the mass flow
                               63.4567(c).           limit.
                              b. the temperature    i. measuring the
                               of the carbon bed,    temperature of the
                               after completing      carbon bed after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle, must not       any cooling cycle
                               exceed the carbon     according to Sec.
                               bed temperature       63.4568(d); and ii.
                               limit established     operating the
                               according to Sec.     carbon beds such
                               63.4567(c).           that each carbon
                                                     bed is not returned
                                                     to service until
                                                     completing each
                                                     regeneration and
                                                     any cooling cycle
                                                     until the recorded
                                                     temperature of the
                                                     carbon bed is at or
                                                     below the
                                                     temperature limit.
4. condenser................  a. the average        i. collecting the
                               condenser outlet      condenser outlet
                               (product side) gas    (product side) gas
                               temperature in any    temperature
                               3-hour period must    according to Sec.
                               not exceed the        63.4568(e); ii.
                               temperature limit     reducing the data
                               established           to 3-hour block
                               according to Sec.     averages; and iii.
                               63.4567(d).           maintaining the 3-
                                                     hour average gas
                                                     temperature at the
                                                     outlet at or below
                                                     the temperature
                                                     limit.
5. concentrators, including   a. the average gas    i. collecting the
 zeolite wheels and rotary     temperature of the    temperature data
 carbon adsorbers.             desorption            according to
                               concentrate stream    63.4568(f); ii.
                               in any 3-hour         reducing the data
                               period must not       to 3-hour block
                               fall below the        averages; and iii.
                               limit established     maintaining the 3-
                               according to Sec.     hour average
                               63.4567(e).           temperature at or
                                                     above the
                                                     temperature limit.
                              b. the average        i. collecting the
                               pressure drop of      pressure drop data
                               the dilute stream     according to
                               across the            63.4568(f); and ii.
                               concentrator in any   reducing the
                               3-hour period must    pressure drop data
                               not fall below the    to 3-hour block
                               limit established     averages; and iii.
                               according to Sec.     maintaining the 3-
                               63.4567(e).           hour average
                                                     pressure drop at or
                                                     above the pressure
                                                     drop limit.
6. emission capture system    a. the direction of   i. collecting the
 that is a PTE according to    the air flow at all   direction of air
 Sec.   63.4565(a).            times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               either                of air through all
                              b. the average         natural draft
                               facial velocity of    openings according
                               air through all       to Sec.
                               natural draft         63.4568(g)(1) or
                               openings in the       the pressure drop
                               enclosure must be     across the
                               at least 200 feet     enclosure according
                               per minute; or.       to Sec.
                              c. the pressure drop   63.4568(g)(2); and
                               across the            ii. maintaining the
                               enclosure must be     facial velocity of
                               at least 0.007 inch   air flow through
                               H2O, as established   all natural draft
                               in Method 204 of      or the pressure
                               appendix M to 40      drop openings at or
                               CFR part 51.          above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
7. emission capture system    a. the average gas    i. collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec.   63.4565(a).         rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.4568(g); ii.
                               device inlet in any   reducing the data
                               3-hour period must    to 3-hour block
                               not fall below the    averages; and iii.
                               average volumetric    maintaining the 3-
                               flow rate or duct     hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec.   63.4567(f).    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:

[[Page 72324]]



      Table 2 to Subpart PPPP of Part 63.-- Applicability of General Provisions to Subpart PPPP of Part 63
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
              Citation                         Subject                    PPPP                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(14)..............  General Applicability...  Yes....................
Sec.   63.1(b)(1)-(3)...............  Initial Applicability     Yes....................  Applicability to
                                       Determination.                                     subpart PPPP is also
                                                                                          specified in Sec.
                                                                                          63.4481.
Sec.   63.1(c)(1)...................  Applicability After       Yes....................
                                       Standard Established.
Sec.   63.1(c)(2)-(3)...............  Applicability of Permit   No.....................  Area sources are not
                                       Program for Area                                   subject to subpart
                                       Sources.                                           PPPP.
Sec.   63.1(c)(4)-(5)...............  Extensions and            Yes....................
                                       Notifications.
Sec.   63.1(e)......................  Applicability of Permit   Yes....................
                                       Program Before Relevant
                                       Standard is Set.
Sec.   63.2.........................  Definitions.............  Yes....................  Additional definitions
                                                                                          are specified in Sec.
                                                                                           63.4581.
Sec.   63.3(a)-(c)..................  Units and Abbreviations.  Yes....................
Sec.   63.4(a)(1)-(5)...............  Prohibited Activities...  Yes....................
Sec.   63.4(b)-(c)..................  Circumvention/            Yes....................
                                       Severability.
Sec.   63.5(a)......................  Construction/             Yes....................
                                       Reconstruction.
Sec.   63.5(b)(1)-(6)...............  Requirements for          Yes....................
                                       Existing, Newly
                                       Constructed, and
                                       Reconstructed Sources.
Sec.   63.5(d)......................  Application for Approval  Yes....................
                                       of Construction/
                                       Reconstruction.
Sec.   63.5(e)......................  Approval of Construction/ Yes....................
                                       Reconstruction.
Sec.   63.5(f)......................  Approval of Construction/ Yes....................
                                       Reconstruction Based on
                                       Prior State Review.
Sec.   63.6(a)......................  Compliance With           Yes....................
                                       Standards and
                                       Maintenance
                                       Requirements--Applicabi
                                       lity.
Sec.   63.6(b)(1)-(7)...............  Compliance Dates for New  Yes....................  Sec.   63.4483
                                       and Reconstructed                                  specifies the
                                       Sources.                                           compliance dates.
Sec.   63.6(c)(1)-(5)...............  Compliance Dates for      Yes....................  Sec.   63.4483
                                       Existing Sources.                                  specifies the
                                                                                          compliance dates.
Sec.   63.6(e)(1)-(2)...............  Operation and             Yes....................
                                       Maintenance.
Sec.   63.6(e)(3)...................  Startup, Shutdown, and    Yes....................  Only sources using an
                                       Malfunction Plan.                                  add-on control device
                                                                                          to comply with the
                                                                                          standard must complete
                                                                                          startup, shutdown, and
                                                                                          malfunction plans.
Sec.   63.6(f)(1)...................  Compliance Except During  Yes....................  Applies only to sources
                                       Startup, Shutdown, and                             using an add-on
                                       Malfunction.                                       control device to
                                                                                          comply with the
                                                                                          standard.
Sec.   63.6(f)(2)-(3)...............  Methods for Determining   Yes....................
                                       Compliance.
Sec.   63.6(g)(1)-(3)...............  Use of an Alternative     Yes....................
                                       Standard.
Sec.   63.6(h)......................  Compliance With Opacity/  No.....................  Subpart PPPP does not
                                       Visible Emission                                   establish opacity
                                       Standards.                                         standards and does not
                                                                                          require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
Sec.   63.6(i)(1)-(16)..............  Extension of Compliance.  Yes....................
Sec.   63.6(j)......................  Presidential Compliance   Yes....................
                                       Exemption.
Sec.   63.7(a)(1)...................  Performance Test          Yes....................  Applies to all affected
                                       Requirements--Applicabi                            sources. Additional
                                       lity.                                              requirements for
                                                                                          performance testing
                                                                                          are specified in Sec.
                                                                                          Sec.   63.4564,
                                                                                          63.4565, and 63.4566.
Sec.   63.7(a)(2)...................  Performance Test          Yes....................  Applies only to
                                       Requirements--Dates.                               performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Section 63.4560
                                                                                          specifies the schedule
                                                                                          for performance test
                                                                                          requirements that are
                                                                                          earlier than those
                                                                                          specified in Sec.
                                                                                          63.7(a)(2).
Sec.   63.7(a)(3)...................  Performance Tests         Yes....................
                                       Required By the
                                       Administrator.
Sec.   63.7(b)-(e)..................  Performance Test          Yes....................  Applies only to
                                       Requirements--Notificat                            performance tests for
                                       ion, Quality Assurance,                            capture system and add-
                                       Facilities Necessary                               on control device
                                       for Safe Testing,                                  efficiency at sources
                                       Conditions During Test.                            using these to comply
                                                                                          with the standard.
Sec.   63.7(f)......................  Performance Test          Yes....................  Applies to all test
                                       Requirements--Use of                               methods except those
                                       Alternative Test Method.                           used to determine
                                                                                          capture system
                                                                                          efficiency.

[[Page 72325]]

 
Sec.   63.7(g)-(h)..................  Performance Test          Yes....................  Applies only to
                                       Requirements--Data                                 performance tests for
                                       Analysis,                                          capture system and add-
                                       Recordkeeping,                                     on control device
                                       Reporting, Waiver of                               efficiency at sources
                                       Test.                                              using these to comply
                                                                                          with the standard.
Sec.   63.8(a)(1)-(3)...............  Monitoring Requirements-- Yes....................  Applies only to
                                       Applicability.                                     monitoring of capture
                                                                                          system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Additional
                                                                                          requirements for
                                                                                          monitoring are
                                                                                          specified in Sec.
                                                                                          63.4568.
Sec.   63.8(a)(4)...................  Additional Monitoring     No.....................  Subpart PPPP does not
                                       Requirements.                                      have monitoring
                                                                                          requirements for
                                                                                          flares.
Sec.   63.8(b)......................  Conduct of Monitoring...  Yes....................
Sec.   63.8(c)(1)-(3)...............  Continuous Monitoring     Yes....................  Applies only to
                                       Sysem (CMS) Operation                              monitoring of capture
                                       and Maintenance.                                   system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standard.
                                                                                          Additional
                                                                                          requirements for CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          63.4568.
Sec.   63.8(c)(4)...................  CMS.....................  No.....................  Sec.   63.4568
                                                                                          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 PPPP does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.8(c)(6)...................  CMS Requirements........  No.....................  Sec.   63.4568
                                                                                          specifies the
                                                                                          requirements for
                                                                                          monitoring systems for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec.   63.8(c)(7)...................  CMS Out-of-Control        Yes....................
                                       Periods.
Sec.   63.8(c)(8)...................  CMS Out-of-Control        No.....................  Sec.   63.4520 requires
                                       Periods and Reporting.                             reporting of CMS out
                                                                                          of control periods.
Sec.   63.8(d)-(e)..................  Quality Control Program   No.....................  Subpart PPPP does not
                                       and CMS Performance                                require the use of
                                       Evaluation.                                        continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(f)(1)-(5)...............  Use of an Alternative     Yes....................
                                       Monitoring Method.
Sec.   63.8(f)(6)...................  Alternative to Relative   No.....................  Subpart PPPP does not
                                       Accuracy Test.                                     require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(g)(1)-(5)...............  Data Reduction..........  No.....................  Sec.  Sec.   63.4567
                                                                                          and 63.4568 specify
                                                                                          monitoring data
                                                                                          reduction.
Sec.   63.9(a)-(d)..................  Notification              Yes....................
                                       Requirements.
Sec.   63.9(e)......................  Notification of           Yes....................  Applies only to capture
                                       Performance Test.                                  system and add-on
                                                                                          control device
                                                                                          performance tests at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standard.
Sec.   63.9(f)......................  Notification of Visible   No.....................  Subpart PPPP does not
                                       Emissions/Opacity Test.                            have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.9(g)(1)-(3)...............  Additional Notifications  No.....................  Subpart PPPP does not
                                       When Using CMS.                                    require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.9(h)......................  Notification of           Yes....................  Sec.   63.4510
                                       Compliance Status.                                 specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec.   63.9(i)......................  Adjustment of Submittal   Yes....................
                                       Deadlines.
Sec.   63.9(j)......................  Change in Previous        Yes....................
                                       Information.
Sec.   63.10(a).....................  Recordkeeping/Reporting-- Yes....................
                                       Applicability and
                                       General Information.
Sec.   63.10(b)(1)..................  General Recordkeeping     Yes....................  Additional requirements
                                       Requirements.                                      are specified in Sec.
                                                                                          Sec.   63.4530 and
                                                                                          63.4531.

[[Page 72326]]

 
Sec.   63.10(b)(2)(i)-(v)...........  Recordkeeping Relevant    Yes....................  Requirements for
                                       to Startup, Shutdown,                              Startup, Shutdown, and
                                       and Malfunction Periods                            Malfunction records
                                       and CMS.                                           only apply to add-on
                                                                                          control devices used
                                                                                          to comply with the
                                                                                          standard.
Sec.   63.10(b)(2)(vi)-(xi).........  ........................  Yes....................
Sec.   63.10(b)(2)(xii).............  Records.................  Yes....................
Sec.   63.10(b)(2)(xiii)............  ........................  No.....................  Subpart PPPP does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.10(b)(2)(xiv).............  ........................  Yes....................
Sec.   63.10(b)(3)..................  Recordkeeping             Yes....................
                                       Requirements for
                                       Applicability
                                       Determinations.
Sec.   63.10(c)(1)-(6)..............  Additional Recordkeeping  Yes....................
                                       Requirements for
                                       Sources with CMS.
Sec.   63.10(c)(7)-(8)..............  ........................  No.....................  The same records are
                                                                                          required in Sec.
                                                                                          63.4520(a)(7).
Sec.   63.10(c)(9)-(15).............  ........................  Yes....................
Sec.   63.10(d)(1)..................  General Reporting         Yes....................  Additional requirements
                                       Requirements.                                      are specified in Sec.
                                                                                           63.4520.
Sec.   63.10(d)(2)..................  Report of Performance     Yes....................  Additional requirements
                                       Test Results.                                      are specified in Sec.
                                                                                           63.4520(b).
Sec.   63.10(d)(3)..................  Reporting Opacity or      No.....................  Subpart PPPP or does
                                       Visible Emissions                                  not require opacity or
                                       Observations.                                      visible emissions
                                                                                          observations.
Sec.   63.10(d)(4)..................  Progress Reports for      Yes....................
                                       Sources With Compliance
                                       Extensions.
Sec.   63.10(d)(5)..................  Startup, Shutdown, and    Yes....................  Applies only to add-on
                                       Malfunction Reports.                               control devices at
                                                                                          sources using these to
                                                                                          comply withthe
                                                                                          standard.
Sec.   63.10(e)(1)-(2)..............  Additional CMS Reports..  No.....................  Subpart PPPP does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.10(e)(3)..................  Excess Emissinos/CMS      No.....................  Sec.   63.4520(b)
                                       Performance Reports.                               specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
Sec.   63.10(e)(4)..................  COMS Data Reports.......  No.....................  Subpart PPPP does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec.   63.10(f).....................  Recordkeeping/Reporting   Yes....................
                                       Waiver.
Sec.   63.11........................  Control Device            No.....................  Subpart PPPP does not
                                       Requirements/Flares.                               specify use of flares
                                                                                          for compliance.
Sec.   63.12........................  State Authority and       Yes....................
                                       Delegations.
Sec.   63.13........................  Addresses...............  Yes....................
Sec.   63.14........................  Incorporation by          Yes....................
                                       Reference.
Sec.   63.15........................  Availability of           Yes....................
                                       Information/
                                       Confidentiality.
----------------------------------------------------------------------------------------------------------------

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

     Table 3 to Subpart PPPP of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
                                                                    Average
                                                                  organic HAP   Typical organic HAP, percent by
            Solvent/solvent blend                   CAS No.           mass                    mass
                                                                    fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene...................................           108-88-3          1.0  Toluene
2. Xylene(s).................................          1330-20-7          1.0  Xylenes, ethylbenzene
3. Hexane....................................           110-54-3          0.5  n-hexane
4. n-Hexane..................................           110-54-3          1.0  n-hexane
5. Ethylbenzene..............................           100-41-4          1.0  Ethylbenzene
6. Aliphatic 140.............................  .................            0  None
7. Aromatic 100..............................  .................         0.02  1% xylene, 1% cumene
8. Aromatic 150..............................  .................         0.09  Naphthalene
9. Aromatic naphtha..........................         64742-95-6         0.02  1% xylene, 1% cumene
10. Aromatic solvent.........................         64742-94-5          0.1  Naphthalene
11. Exempt mineral spirits...................          8032-32-4            0  None

[[Page 72327]]

 
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[reg] 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 PPPP of Part 63.--Default Organic HAP Mass Fraction
                     for Petroleum Solvent Groups a
------------------------------------------------------------------------
                                   Average organic   Typical organic HAP
          Solvent type            HAP mass fraction    percent by mass
------------------------------------------------------------------------
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\ 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\ Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light
  Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydrocarbons,
  Light Aromatic Solvent.


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