[Federal Register Volume 68, Number 71 (Monday, April 14, 2003)]
[Rules and Regulations]
[Pages 18062-18080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5520]



[[Page 18061]]

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Part VII





Environmental Protection Agency





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40 CFR Part 63



National Emission Standards for Hazardous Air Pollutants: Flexible 
Polyurethane Foam Fabrication Operations; Final Rule

  Federal Register / Vol. 68, No. 71 / Monday, April 14, 2003 / Rules 
and Regulations  

[[Page 18062]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0080; FRL-7461-1]
RIN 2060-AH42


National Emission Standards for Hazardous Air Pollutants: 
Flexible Polyurethane Foam Fabrication Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for new and existing sources at 
flexible polyurethane foam fabrication facilities. The EPA has 
identified flexible polyurethane foam fabrication facilities as major 
sources of hazardous air pollutants (HAP) emissions. These standards 
will implement section 112(d) of the Clean Air Act (CAA) by requiring 
all such major sources to meet HAP emission standards that reflect the 
application of maximum achievable control technology (MACT). The 
primary HAP that will be controlled with this action include 
hydrochloric acid (HCl), 2,4-toluene diisocyanate (TDI), and hydrogen 
cyanide (HCN). This action will also preclude the use of methylene 
chloride. Exposure to these substances has been demonstrated to cause 
adverse health effects such as irritation of the lung, eye, and mucous 
membranes, effects on the central nervous system, and cancer. We do not 
have the type of current detailed data on each of the facilities and 
the people living around the facilities covered by today's final rule 
for this source category that would be necessary to conduct an analysis 
to determine the actual population exposures to the HAP emitted from 
these facilities and the 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, and 
today's final rule reduces emissions, subsequent exposures will be 
reduced. This final rule will reduce HAP emissions by 6.5 tons per year 
(tpy) from each new or reconstructed affected source performing flame 
lamination.

EFFECTIVE DATE: April 14, 2003.

ADDRESSES: Docket. We have established an official public docket for 
this action under Docket ID No. OAR-2002-0080 or A-2000-43; available 
for public viewing at the Office of Air and Radiation Docket and 
Information Center (Air Docket) in the EPA Docket Center, (EPA/DC) EPA 
West, Room B102, 1301 Constitution Avenue, NW., Washington, DC.

FOR FURTHER INFORMATION CONTACT: For information concerning 
applicability and rule determinations, contact your State or local 
regulatory agency representative or the appropriate EPA Regional Office 
representative. For information concerning analyses performed in 
developing this rule, contact Ms. Maria Noell, Organic Chemicals Group, 
Emission Standards Division (C504-04), U.S. EPA, Research Triangle 
Park, North Carolina, 27711; telephone number (919) 541-5607; fax 
number (919) 541-0942; electronic mail address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Docket. The official public docket consists of the documents 
specifically referenced in this action, any public comments received, 
and other information related to this action. Although a part of the 
official docket, the public docket does not include Confidential 
Business Information or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing. The EPA Docket Center 
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is (202) 566-1744, and the telephone number for the Air Docket is 
(202) 566-1742.
    Electronic Docket Access. You may access the final rule 
electronically through the EPA Internet under the Federal Register 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility in the above paragraph 
entitled ``Docket.'' Once in the system, select ``search,'' then key in 
the appropriate docket identification number.
    Judicial Review. Under CAA section 307(b), judicial review of the 
final NESHAP is available only by filing a petition for review in the 
U.S. Court of Appeals for the District of Columbia Circuit on or before 
June 13, 2003. Only those objections to the NESHAP which were raised 
with reasonable specificity during the period for public comment may be 
raised during judicial review. Under section 307(b)(2)of the CAA, the 
requirements established by today's final action may not be challenged 
separately in any civil or criminal proceeding we bring to enforce 
these requirements.
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

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                     Category                        SIC \a\     NAICS \b\            Regulated entities
----------------------------------------------------------------------------------------------------------------
Industry.........................................         3086        32615  Fabricators of flexible
                                                                              polyurethane foam.
----------------------------------------------------------------------------------------------------------------
\a\ Standard Industrial Classification.
\b\ North American Information Classification System

    This list 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 facility is regulated by this action, 
you should examine the applicability criteria in Sec.  63.8782 of the 
rule. If you have questions regarding the applicability of this action 
to a particular entity, consult your State or local agency (or EPA 
Regional Office) described in the preceding FOR FURTHER INFORMATION 
CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of this final rule will also be available on the WWW 
through the Technology Transfer Network (TTN). Following signature, a 
copy of the rule will be posted on the TTN's policy and guidance page 
for newly proposed or promulgated rules http://www.epa.gov/ttn/oarpg.
    Outline. The information in this preamble is organized as follows:

I. Introduction and Background

[[Page 18063]]

    A. What is the source of authority for development of NESHAP?
    B. What criteria are used in the development of NESHAP?
    C. How did the public participate in developing the rule?
    D. Description of Source Category
II. Summary of Changes Since Proposal
III. Summary of the Final Rule
    A. What are the affected sources?
    B. What are the emissions limitations and compliance dates?
    C. What are the testing, initial compliance, and continuous 
compliance requirements?
    D. What are the notification, recordkeeping, and reporting 
requirements?
IV. Summary of Major Comments and Responses
    A. What sources are subject to the rule?
    B. What issues were raised regarding adhesive-use sources?
    C. What issues were raised regarding flame lamination sources?
V. What are the environmental, cost, and economic impacts of the 
final rule?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866--Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132--Federalism
    F. Executive Order 13175--Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045--Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act of 1995
    J. Congressional Review Act

I. Introduction and 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 category 
of major sources covered by today's final rule was listed on July 16, 
1992 (57 FR 31576). Major source under section 112 means 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, 
considering controls, 10 tpy or more of any one HAP or 25 tpy or more 
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 minimum control level allowed for NESHAP, which we refer to as 
the ``MACT floor,'' is defined under section 112(d)(3) of the CAA. In 
essence, the MACT floor ensures that standards are 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 consideration of the cost of achieving the 
emission reductions, any non-air quality health and environmental 
impacts, and energy requirements.

C. How Did the Public Participate in Developing the Rule?

    Prior to proposal, we met with industry representatives and State 
regulatory authorities several times to discuss the data and 
information used to develop the proposed standards. In addition, these 
and other potential stakeholders, including equipment vendors and 
environmental groups, had opportunity to comment on the proposed 
standards.
    The proposed rule was published in the Federal Register on August 
8, 2001 (66 FR 41718). The preamble to the proposed rule discussed the 
availability of technical support documents, which described in detail 
the information gathered during the standards development process. 
Public comments were solicited at proposal, including a specific 
request for comments with regard to the potential existence of non-
slitter adhesive use by major sources.
    We received eight public comment letters on the proposed rule. The 
commenters represent the following affiliations: foam fabricators (2 
companies), industrial trade associations (5), and one private research 
group. In the post-proposal period, we talked with commenters and other 
stakeholders to clarify comments and to assist in our analysis of the 
comments. Records of these contacts are found in Docket OAR-2000-0080 
or Docket A-2000-43. All of the comments have been carefully 
considered, and, where appropriate, changes have been made for the 
final rule.

D. Description of Source Category

    Today's NESHAP apply to the Flexible Polyurethane Foam Fabrication 
Operations source category. This source category includes operations 
engaged in cutting, gluing, and/or laminating pieces of flexible 
polyurethane foam. This includes fabrication operations that are 
located at foam production plants, as well as those that are located 
off-site from foam production plants.
    We have identified two subcategories under the Flexible 
Polyurethane Foam Fabrication Operations source category. These 
subcategories are loop slitter HAP-based adhesive use and flame 
lamination.
    Loop Slitter Adhesive Use: A loop slitter is a large machine used 
to create thin sheets of foam from the large blocks of foam or ``buns'' 
created at a foam production plant. In order to comply with 
Occupational Health and Safety Administration (OSHA) regulations, loop 
slitters have converted from a reliance on methylene chloride-based 
adhesives to other non-HAP alternatives since the mid-1990's. As a 
result of the OSHA regulations, we believe that the foam fabrication 
industry has effectively discontinued the use of methylene chloride-
based adhesives on loop slitters. Consequently, our estimate of current 
nationwide HAP emissions from loop slitter adhesive use prior to the 
development of the NESHAP (referred to as ``baseline emissions'') is 
zero.
    Flame Lamination: In the flame lamination process, foam is scorched 
to adhere it to various substrates. This process releases particulates 
and HAP. We have identified HCN, TDI, and HCl as HAP emitted as a 
result of flame lamination. Specific HAP released are dependent on the 
contents of the foam being laminated at a given time. With the 
exception of HCl, these HAP are generally released in very small 
amounts.

II. Summary of Changes Since Proposal

    In response to comments received on the proposed NESHAP and further 
analysis, we made two significant changes for the final rule, and a 
small number of other changes for editorial purposes and clarification.

[[Page 18064]]

    The proposed rule included an emission limit for loop slitters of 
zero HAP emissions. Information subsequently supplied by commenters and 
industry contacts demonstrated that the widely used n-propyl bromide 
adhesives originally believed to be non-HAP actually contain small 
amounts of HAP.
    In accordance with the definition of ``HAP-based'' in the Flexible 
Polyurethane Foam Production NESHAP (40 CFR part 63, subpart III), we 
have changed the definition of ``HAP-based adhesive'' to contain 5 
percent (by weight) or more of HAP. We also changed the emission limit 
accordingly.
    At post proposal, it came to our attention that the test methods 
specified for measurement of HCN emissions from process, storage tank, 
and transfer vents (EPA Methods 18, 25, and 25A) have not been 
validated for measurement of HCN. Test methods that have been used for 
measurement of HCN include the EPA Conditional Test Method CTM-033 
``Draft Method for Sampling and Analysis of Hydrogen Cyanide Emissions 
for Stationary Sources'' and California Air Resources Board Method 426 
(http://www.epa.gov/ttn/emc/ctm.html) modified to use ion 
chromatography for sample analysis. However, neither of these methods 
have been fully validated at this time. Consequently, the final rule 
has been written to require that the data from any test method used to 
measure HCN emissions from flame lamination sources must be validated 
using EPA Method 301.
    Another change made for the final rule was the addition of a 
definition for ``research and development process'' to clarify the 
provision in Sec.  63.8782(d)(2) that such processes are not subject to 
the rule, and a change to Sec.  63.8786(e) so that collection of 
compliance data prior to the compliance date is no longer required.
    We proposed to exclude non-slitters from the source category based 
on our findings that there were no non-slitters using HAP-based 
adhesives located on the site of a major source, and solicited comment 
and supporting information regarding that issue. We received no comment 
or supporting information contrary to our findings, therefore, we are 
excluding the non-slitter adhesive use from the source category 
definition. Additional changes were insignificant and editorial in 
nature.

III. Summary of Final Rule

A. What Are the Affected Sources?

    The final rule defines two affected sources (units or collections 
of units to which a given standard or limit applies) corresponding to 
the two subcategories, loop slitter adhesive use and flame lamination. 
The loop slitter adhesive use affected source is the collection of loop 
slitters and associated adhesive application equipment used to apply 
HAP-based adhesives to bond foam to foam at a flexible polyurethane 
foam fabrication plant site. Loop slitter affected sources, located at 
plant sites that are major sources of HAP, that are using HAP-based 
adhesives on or after April 14, 2003, are subject to the NESHAP, 
including the applicable emission limit and reporting and recordkeeping 
requirements. However, loop slitter affected sources that have 
eliminated use of HAP-based adhesives by April 14, 2003, are not 
subject to the NESHAP. The flame lamination affected source is the 
collection of all flame laminators and associated rollers at a flexible 
polyurethane foam fabrication plant site associated with the flame 
lamination of foam to any substrate.

B. What Are the Emission Limitations and Compliance Dates?

    If you own or operate an existing, new, or reconstructed loop 
slitter adhesive use affected source, the final rule prohibits you from 
using any HAP-based adhesives. We are defining HAP-based adhesives as 
adhesives containing 5 percent (by weight) or greater of HAP, where the 
concentration of HAP may be determined using EPA Method 311 (Analysis 
of Hazardous Air Pollutant Compounds in Paints and Coatings by Direct 
Injection Into a Gas Chromatograph) or other approved information. 
Existing affected sources must be in compliance by April 14, 2004. New 
or reconstructed sources must be in compliance by the date of startup 
of the affected source, or by April 14, 2003, whichever is later.
    If you own or operate an existing flame lamination affected source, 
you are not required to meet any emission limitation; you are only 
subject to a requirement to submit an initial notification within 120 
days after April 14, 2003. If you own or operate a new or reconstructed 
flame lamination affected source, the NESHAP requires that you reduce 
HAP emissions from the affected source by 90 percent. Your new or 
reconstructed flame lamination affected source must be in compliance 
with the emission limit upon startup or by April 14, 2003, whichever is 
later.

C. What Are the Testing, Initial Compliance, and Continuous Compliance 
Requirements?

    If you own or operate a flexible polyurethane foam fabrication loop 
slitter adhesive use or flame lamination affected source, you must 
comply with the testing, initial compliance, and continuous compliance 
requirements in the following paragraphs.
Loop Slitter Adhesive Use
    If you own or operate a loop slitter affected source, you must 
demonstrate initial and continuous compliance by certifying that no 
HAP-based adhesives are or will be used. You must submit this initial 
certification within 60 days of the compliance date. The certification 
must be accompanied by documentation stating what the facility will use 
for adhesives, along with supporting information to document the HAP 
content of adhesives used at the facility, such as Method 311 results 
or other approved information. Thereafter, on a yearly basis, you must 
recertify compliance, including HAP content information on any new 
adhesives used at the source.
    The final rule allows you to use methods other than Method 311, 
including an approved alternative method or any other reasonable means 
to determine the HAP content of adhesives. Other reasonable means 
include a material safety data sheet (MSDS), a certified product data 
sheet (CPDS), or a manufacturer's hazardous air pollutant data sheet. 
However, if the results of an analysis by EPA Method 311 are different 
from the HAP content determined by another means, the EPA Method 311 
results will govern compliance determinations. You are not required to 
test the materials used, but the Administrator may require a test using 
EPA Method 311 (or an approved alternative method) to confirm the 
reported HAP content.
Flame Lamination
    If you own or operate a new or reconstructed flame lamination 
affected source, the final rule requires that you demonstrate initial 
compliance by conducting a performance test within 180 days after the 
compliance date that demonstrates that HAP emissions are being reduced 
by 90 percent. In order to demonstrate continuous compliance with this 
emissions limit, you must continuously monitor control device 
parameters. Specifically for venturi scrubbers, which we believe will 
be the control device of choice in most situations, you are required to 
continuously monitor the pH of the

[[Page 18065]]

scrubber effluent, the scrubber liquid flow rate, and the pressure drop 
across the venturi. You must demonstrate continuous compliance by these 
monitored parameters staying within the operating limits. Operating 
limits must be established for each parameter based on monitoring 
conducted during the initial performance test and reported in your 
facility's Notification of Compliance Status Report.

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

    If you own or operate foam fabrication operations at major sources, 
you must submit several notifications and reports, which are listed and 
then briefly described in this section. First, you must submit an 
initial notification. In addition, if you own or operate a flexible 
polyurethane loop slitter adhesive use affected source or a new or 
reconstructed flame lamination affected source, you must also submit 
the following notification and reports:
    [sbull] Notification of Intent to Conduct a Performance Test (new 
or reconstructed flame laminators only);
    [sbull] Notification of Compliance Status reports;
    [sbull] Periodic Compliance reports; and
    [sbull] Startup, Shutdown, and Malfunction reports (new or 
reconstructed flame laminators only).
    For the Initial Notification, you must notify us that your facility 
is subject to the Flexible Polyurethane Foam Fabrication Operations 
NESHAP, and provide specified basic information about your facility. 
You must submit this notification within 120 days after April 14, 2003, 
for existing affected sources. If you own or operate a new or 
reconstructed affected source, you are required to submit the 
application for construction or reconstruction required by Sec.  
63.9(b)(iii) of the 40 CFR part 63, subpart A, in lieu of the Initial 
Notification.
    For the Notification of Intent report, for each new or 
reconstructed flame lamination affected source that you own or operate, 
you must notify us in writing of the intent to conduct a performance 
test at least 60 days before the performance test is scheduled to 
begin. You must submit the Notification of Compliance Status report 
within 60 days of completion of the performance test. As part of the 
Notification of Compliance Status, you must include a certified 
notification of compliance that states the compliance status of the 
facility, along with supporting information (e.g., performance test 
results and operating parameter values and ranges).
    If you own or operate a source complying with the standards for 
loop slitter adhesive use, you must submit the Notification of 
Compliance Status within 60 days of the compliance date. In the 
Notification of Compliance Status, you must list each adhesive used at 
the affected source, the manufacturer or supplier of each, and the 
individual HAP content (percent by mass) of each adhesive that is used.
    If you own or operate a facility that is subject to control 
requirements under these NESHAP, you must submit a Periodic Compliance 
report, which reports continued compliance with the flame lamination 
new source emission limit semiannually, and continued compliance with 
the loop slitter adhesive use HAP-based usage limit annually.
    Finally, for the Startup, Shutdown, and Malfunction report, if you 
own or operate a new or reconstructed flame lamination affected source, 
you must report any startup, shutdown, or malfunction during the 
reporting period which does not meet the emission limitations set out 
in 40 CFR 63.8790 and is not in the facility's startup, shutdown, and 
malfunction plan.
    If you own or operate a flame lamination or loop slitter adhesive 
use source, you must maintain records of reported information and other 
information necessary to document compliance (e.g., records related to 
malfunction, records that show continuous compliance with emission 
limits) for 5 years.

IV. Summary of Major Comments and Responses

    This section includes discussion of significant comments on the 
proposed rule. For a complete summary of all the comments received on 
the proposed rule and our responses to them, refer to the ``Background 
Information Document for Promulgation of National Emissions Standards 
for Hazardous Air Pollutant (NESHAP): Flexible Polyurethane Foam 
Fabrication'' (hereafter called the ``response to comments document'') 
in Docket OAR-2002-0080 or A-2000-43. The docket also contains the 
actual comment letters and supporting documentation developed for the 
final rule.

A. What Sources Are Subject to the Rule?

    Comment: We received one comment requesting that we regulate area 
sources in the flexible polyurethane foam fabrication industry. The 
commenter asserted that there are a large number of area sources in 
this source category and cited examples of other source categories for 
which both area and major sources are regulated.
    Response: According to section 112(c)(3) of the CAA, the 
Administrator must list area source categories separately from major 
source categories, and only if the Administrator finds that a category 
of area sources ''* * * presents a threat of adverse effects to human 
health or the environment (by such sources individually or in the 
aggregate) warranting regulation under this section.'' We have listed 
flexible foam fabrication operations as an area source category for 
further scrutiny and will address the emissions from area sources in 
this source category in a separate action (64 FR 38721, July 19, 1999).

B. What Issues Were Raised Regarding Adhesive-Use Sources?

    Comment: The proposed rule included a provision that loop slitters 
could use no HAP-based adhesives, with HAP-based adhesives defined as 
``an adhesive containing detectable HAP, according to EPA Method 311 or 
another approved alternative.'' The data for existing loop slitters 
that were available to us during the development of the proposed rule 
indicated that 22 of 30 facilities use no HAP-based adhesives. Several 
commenters asserted that the adhesives commonly used by the industry on 
their loop slitters do contain small amounts of HAP. A survey conducted 
by one of the commenters indicated that 11 of the 20 loop slitter 
facilities surveyed use an n-propyl bromide adhesive which contains 
0.32 to 1.0 percent 1,2-Epoxybutane by weight.
    Response: The information supplied by commenters and industry 
contacts demonstrates that the widely-used n-propyl bromide adhesives, 
originally believed to be non-HAP, actually contain trace amounts of 
HAP, which we believe are present mostly as impurities. In accordance 
with the definition of ``HAP-based'' in the Flexible Polyurethane Foam 
Production NESHAP (40 CFR part 63, subpart III), we have written the 
definition of ``HAP-based adhesive'' in the final rule to contain 5 
percent (by weight) or more of HAP.
    Comment: Several commenters recommended that we set a numerical, 
technology-based emission limitation for loop slitters, rather than 
banning the use of HAP-based adhesives. The commenters explained that a 
numerical or technology-based MACT standard would allow industry to 
lower their emissions using control technologies that are currently 
available or being developed.

[[Page 18066]]

    Response: Our determination that the MACT floor for loop slitter 
adhesive use is no HAP-based adhesives makes the use of a numerical or 
technology-based emission limitation inappropriate. Although it may be 
possible to greatly reduce HAP emissions through use of technology, we 
believe that elimination of the use of HAP-based adhesives in loop 
slitter operations is required by section 112(d)(3) of the CAA because 
of the number of facilities using no HAP-based adhesives in their loop 
slitter operations. Accordingly, no changes were made for the final 
rule with regard to this issue.
    Comment: Comments were received encouraging us to regulate non-
slitter adhesive use applications in order to control emissions of 
methylene chloride. The commenter asserted that many major source 
facilities are still using methylene chloride-based adhesives in non-
loop slitter applications.
    Response: In the preamble to the proposed rule, we specifically 
requested comments on this issue. We stated that if comments 
demonstrated that ``there are non-sliter adhesive sources using HAP-
based adhesives that are located on the site of a major source, we 
would retain them in the source category and treat them as a third 
subcategory.'' Based on available information, we found no non-slitters 
on sites of major sources. Thus, there is no basis to retain non-
slitter adhesive use sources in this category. We have listed flexible 
foam fabrication operations as an area source category for further 
scrutiny and will address the emissions from area sources under section 
112(k) of the CAA.
    Comment: Several comments were received expressing concerns 
regarding the adhesives being used as alternatives to HAP-based 
adhesives, for both loop slitter and non-slitter adhesive applications. 
Some commenters mentioned that n-propyl bromide has been the subject of 
a number of ``substantial risk'' notifications under the Toxic 
Substances Control Act and is also the subject of toxicity testing 
under the National Toxicology Program, and urged us to consider 
regulating n-propyl bromide emissions.
    Response: We are aware of this situation, but have no authority 
under section 112 to regulate n-propyl bromide since it is not 
currently listed as a HAP.
    Comment: Another commenter asked us to investigate and identify the 
secondary air impacts of HAP or volatile organic compounds (VOC) from 
the use of the adhesives being used as alternatives to methylene 
chloride. If they emit VOC, the commenter recommended that we regulate 
those emissions so as not to exacerbate local efforts to comply with 
other air pollution regulations.
    Response: The NESHAP for foam fabrication operations protects air 
quality and promotes the public health by reducing emissions of some of 
the HAP listed in section 112(b)(1) of the CAA. The mandate for the 
NESHAP program does not extend to control of VOC (unless they are HAP). 
Additionally, VOC emissions are addressed elsewhere in the CAA, both in 
section 110 which addresses State implementation plans for States with 
ozone nonattainment areas under the national ambient air quality 
standards; and in section 111, which includes new source performance 
standards. Moreover, the current record does not indicate that there 
are any significant secondary air impacts (i.e., increased emissions of 
other HAP or VOC) from the use of alternatives to methylene chloride. 
Thus, the Agency finds that the investigation requested by the 
commenter is unwarranted. We believe that the reporting requirements 
that were proposed for loop slitter facilities are adequate, and they 
remain unchanged for the final rule.

C. What Issues Were Raised Regarding Flame Lamination Sources?

    Comment: One commenter asserted that the proposed MACT for existing 
flame lamination sources (no additional control) is not the maximum 
degree of HAP reduction that could be achieved and requested that MACT 
for these sources be based on ``the performance of the best two 
facilities,'' excluding consideration of uncontrolled sources.
    Response: We are required to calculate the MACT floor for existing 
sources based on the central tendency of the emission limitation 
achieved by the best performing five major sources for a subcategory 
with less than 30 major sources (such as flame lamination). Evaluation 
of only the two best performing sources, as requested by the commenter, 
is not consistent with this statutory requirement.
    The data for existing flame lamination sources that were available 
during the development of the proposed rule indicated that two of the 
top five major sources control HAP emissions using a scrubber and three 
do not control HAP emissions. We chose not to use the mean as the 
measure of central tendency because it would result in a MACT floor 
that does not represent the performance of an actual control device. In 
this case, using the median or the mode resulted in the same MACT floor 
(no additional control).
    In addition to controls, we also investigated the possibility that 
materials substitution or work practice standards could represent the 
MACT floor.
    The flame lamination of any foam generates HAP emissions, most 
notably HCN and TDI. These compounds are present in the foam as a 
result of the polyurethane foam manufacturing process, which is 
regulated under separate MACT standards. Changing the use of these 
compounds would change the inherent properties of the foam and, thus, 
we rejected this raw material substitution as a potential MACT floor 
control strategy.
    In addition, the flame lamination of foams containing chlorinated 
fire retardants also results in emission of the HAP HCl. The frequency 
of use of chlorinated fire retardant foams varies considerably from one 
facility to another, and may also vary over time at any single 
facility. Although some facilities do not use fire retardant foams at 
all, most use them some of the time. The fire retardancy is a necessary 
characteristic of the foam where the customer requires fire retardancy 
as a product specification, e.g., foam in automobiles and bedding.
    The top two facilities on our list stated that they laminated fire 
retardant foam approximately 30 percent of the time for the years the 
data were gathered. As product mix and customer demands change, the 
percent of fire retardant foam flame laminated at a facility can vary 
considerably. Because there is no clear subdivision of the industry 
between facilities that use fire retardant foams and those that do not, 
we deemed any further subdivision of the industry because of this issue 
to be unreasonable.
    Although there may be non-chlorinated fire retardant foams 
available to flame laminators, they are not currently in use by any of 
the lowest-emitting five flame lamination facilities. Thus, we 
determined that product substitution does not represent the MACT floor 
for the flame lamination subcategory.
    We also considered the possibility that the MACT floor might be 
represented by work practices. The nature of the flame lamination 
process does not lend itself to any typical work practices used to 
minimize HAP emissions. There are no emissions related to transport and 
storage of raw materials, or to cleaning of the equipment, and there is 
no HAP-containing waste. In fact, the HAP emissions are created during 
the process by the physical act of scorching the foam. The scorching 
makes the foam

[[Page 18067]]

sticky so it will adhere to the other substrate, but also releases HAP. 
Because there are no emission-reducing work practice standards in use 
at flame lamination facilities we did not find that the MACT floor may 
be represented by any work practice standards.
    We considered more stringent ``above-the-floor'' options for MACT, 
including 90 percent reduction of HCl and HCN, 95 percent reduction of 
HCN and TDI, and banning the flame lamination of chlorinated fire 
retardant foam. We rejected the first two options as unreasonably 
costly with respect to the incremental emission reduction that would be 
achieved ($9,700 per ton for the first option and $70,300 per ton for 
the second option). We rejected the third option as technically 
infeasible because no alternative fire retardant has been identified 
that would be adequate and appropriate for all flame lamination 
applications in which fire retardant foam is required. Discussions with 
industry suggest that alternative materials could present product 
quality issues and result in products that do not meet product 
specifications. We have received no further data or information which 
would lead to the selection of a different MACT for existing flame 
lamination sources. Therefore, we have not changed the emission 
limitation for existing flame lamination sources.

V. What Are the Environmental, Cost, and Economic Impacts of the Final 
Rule?

    We estimate that current HAP emissions from loop slitter adhesive 
users are essentially zero because of changes in adhesive composition 
as a result of the OSHA permissible exposure limit (PEL) for methylene 
chloride. Therefore, we do not expect any decreases from this 
subcategory resulting from the NESHAP. Costs should be minimal as well, 
as most sources will already be maintaining the necessary records in 
order to comply with OSHA regulations regarding availability of MSDS.
    We estimated baseline emissions for flame laminators from data 
obtained from individual facilities, as well as from State agencies to 
which facilities reported their annual emissions. Where reported 
emissions were not available, we calculated emission estimates using a 
HAP emission factor, the laminator's operating schedule, the number of 
flame lamination lines, and the percent of the operating time that fire 
retardant foam is laminated (used only when calculating HCl emissions).
    Our estimates of nationwide baseline emissions from all existing 
facilities in the flame lamination subcategory are 58.8 tpy HCl, 10.3 
tpy HCN, and 3.0 tpy TDI, for a total of 72.1 tpy HAP. We have not 
promulgated any emissions limitations for existing flame lamination 
sources; therefore, we do not expect any emissions reductions from the 
baseline. However, the NESHAP should result in a 90 percent reduction 
in HCl and HCN emissions from any new or reconstructed major sources. 
We calculate that a typical flame lamination operation emits 7.3 tpy of 
combined HCl and HCN, which would be reduced by 90 percent, for a total 
HAP emission reduction of 6.5 tpy from each new or reconstructed 
affected source. In addition, particulate matter emissions from flame 
lamination would also be reduced by any scrubber used to reduce the HAP 
emissions.
    Based on our analysis, we calculate that 64,700 gallons per year of 
wastewater will be generated by a new or reconstructed flame lamination 
source. Our estimate of the annual cost to treat this wastewater is 
less than $250 per year. We do not expect that there will be any 
significant adverse non-air health, environmental, or energy impacts 
associated with the NESHAP for flexible polyurethane foam fabrication 
operations.
    There will be no capital costs for loop slitter adhesive users and 
existing flame laminators because the final rule states that these 
sources are only subject to reporting and recordkeeping costs. We 
estimate that up to three new flame laminators may be built in the next 
3 years, but only one of these would be a major source subject to the 
NESHAP. That source would face capital costs of approximately $65,000 
associated with installation of a control device (e.g., scrubber) and 
monitoring equipment. We estimate that the average annualized cost for 
that source would be approximately $63,000 per year, including 
annualized capital costs for a control device and monitoring equipment; 
labor costs associated with monitoring, reporting, and recordkeeping 
requirements; and the operation and maintenance of the required control 
equipment.
    In summary, we do not expect any emissions reductions from existing 
foam fabrication sources, and we estimate HAP emission reductions of 
6.5 tpy from the single new flame lamination source we assume will be 
constructed during the three years following the promulgation of this 
rule. The total annualized cost of the final rule has been estimated at 
$64,000, including $63,000 annually for the single new flame lamination 
facility subject to the provisions of the final rule, and additional 
one-time labor costs for existing facilities to read the rule. Given 
that only one source will need to install new controls as a result of 
the rule, and cost of control is a very small portion of industry 
revenues, we consider the economic impacts associated with the final 
rule to be minimal.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866--Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
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.
    It has been determined that the final rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.

B. Paperwork Reduction Act

    The information collection requirements in the final rule have been 
submitted for approval to OMB under the requirements of the Paperwork 
Reduction Act, 44 U.S.C. 3501 et seq. An Information Collection Request 
(ICR) document has been prepared by EPA (ICR No. 2027.02), and a copy 
may be obtained from Susan Auby by mail at the Office of Environmental 
Information, Collection Strategies Division (2822), U.S. EPA, 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 from the internet at http://www.epa.gov/icr. The 
information requirements are not effective until OMB approves them.

[[Page 18068]]

    The information requirements are based on notifications, records, 
and reports required by the 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 under section 114 of the CAA (42 U.S.C. 7414). 
All information submitted to the EPA pursuant to the recordkeeping and 
reporting requirements for which a claim of confidentiality is made 
will be safeguarded according to Agency policies in 40 CFR part 2, 
subpart B, Confidentiality of Business Information.
    According to the ICR, the total 3-year monitoring, reporting, and 
recordkeeping burden for this collection is 3,634 labor hours, and the 
annual average burden is 1,211 labor hours. The total annualized cost 
of monitoring, reporting, and recordkeeping is approximately $54,124. 
The labor cost over the 3-year period is $154,399 or $51,466 per year. 
The annualized capital cost for monitoring equipment is $997. Annual 
operation and maintenance costs are $4,982 over 3 years, averaging 
$1,661 per year. This estimate includes a one-time plan for 
demonstrating compliance, annual compliance certificate reports, 
notifications, and recordkeeping.
    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 purpose of collecting, validating, and 
verifying information; process and maintain information and disclose 
and provide information; adjust the existing ways to comply with any 
previously applicable instructions and requirements; train personnel to 
respond to a collection of information; search existing 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. The OMB 
control number(s) for the information collection requirements in the 
final rule will be listed in an amendment to 40 CFR part 9 or 48 CFR 
chapter 15 in a subsequent Federal Register document after OMB approves 
the ICR.

C. Regulatory Flexibility Analysis

    EPA has determined that it is not necessary to prepare a regulatory 
flexibility analysis in connection with this final rule. EPA has also 
determined that this rule will not have a significant economic impact 
on a substantial number of small entities. For purposes of assessing 
the impacts of today's final rule on small entities, small entity is 
defined as: (1) a small business according to the Small Business 
Administration (SBA) size standards by NAICS code (a maximum of 500 
employees for the polyurethane foam fabrication industry); (2) a small 
governmental jurisdiction that is a government of a city, county, town, 
school district or special district with a population of less than 
50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.
    After considering the economic impacts of today's final rule on 
small entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
We have determined that one of approximately 48 affected sources is a 
small entity, and that the impact will consist primarily of 
recordkeeping and reporting requirements.

D. 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, we 
generally must prepare a written statement, including cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires us 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 us to adopt an alternative with other than the least 
costly, most cost-effective, or least burdensome alternative if we 
publish with the final rule an explanation why that alternative was not 
adopted.
    Before we establish any regulatory requirements that may 
significantly or uniquely affect small governments, including tribal 
governments, we must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of our regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    We have determined that the final rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, or tribal governments, in the aggregate, or the private 
sector in any 1 year. The total annualized cost of the final rule has 
been estimated at $64,000. This figure includes the $63,000 annually 
for the single new flame lamination facility subject to the provisions 
of the final rule, and additional labor costs for existing facilities. 
Thus, today's final rule is not subject to the requirements of sections 
202 and 205 of the UMRA. In addition, we have determined that the final 
rule contains no regulatory requirements that might significantly or 
uniquely affect small governments because it contains no regulatory 
requirements that apply to such governments or impose obligations upon 
them. Therefore, the final rule is not subject to the requirements of 
section 203 of the UMRA.

E. Executive Order 13132--Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires EPA to develop an accountable process to ensure 
``meaningful and timely input by State and local officials in the 
development of regulatory policies that have federalism implications.'' 
``Policies that have federalism implications'' are 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.''
    The final 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

[[Page 18069]]

Executive Order 13132. The standards apply only to flexible 
polyurethane foam fabricators and do not pre-exempt States from 
adopting more stringent standards or otherwise regulate State or local 
governments. Thus, Executive Order 13132 does not apply to the final 
rule.
    Although section 6 of Executive Order 13132 does not apply to the 
final rule, EPA did consult with State and local officials in 
developing the final rule. No concerns were raised by these officials 
during this consultation.

F. Executive Order 13175--Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' ``Policies that have tribal 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on one or more Indian tribes, on 
the relationship between the Federal government and the Indian tribes, 
or on the distribution of power and responsibilities between the 
Federal government and Indian tribes.''
    The final rule does not have tribal implications. It will not have 
substantial direct effects on tribal governments, on the relationship 
between the Federal government and Indian tribes, or on the 
distribution of power and responsibilities between the Federal 
government and Indian tribes, as specified in Executive Order 13175. 
This is because no tribal governments own or operate a flexible 
polyurethane foam fabrication facility. Thus, Executive Order 13175 
does not apply to the final rule.

G. Executive Order 13045--Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, the Agency must evaluate the environmental health 
or safety effects of the planned rule on children and explain why the 
planned rule is preferable to other potentially effective and 
reasonably feasible alternatives that we considered.
    The final rule is not subject to Executive Order 13045 because it 
is not an economically significant regulatory action as defined by 
Executive Order 12866. In addition, EPA interprets Executive Order 
13045 as applying only to those regulatory actions that are based on 
health and safety risks, such that the analysis required under section 
5-501 of the Executive Order has the potential to influence the 
regulation. The final rule is not subject to Executive Order 13045 
because it is based on technology performance and not on health or 
safety risks.

H. Executive Order 13211--Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

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

I. National Technology Transfer and Advancement Act of 1995

    Section 12(d) of the National Technology Transfer and Advancement 
Act (NTTAA) of 1995 (Pub. L. No. 104-113; 15 U.S.C. 272 note) directs 
EPA to use voluntary consensus standards in their regulatory and 
procurement activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, business practices) developed or adopted by one or 
more voluntary consensus bodies. The NTTAA directs EPA to provide 
Congress, through annual reports to the Office of Management and Budget 
(OMB), with explanations when an agency does not use available and 
applicable voluntary consensus standards.
    This rulemaking involves technical standards. The EPA cites in the 
final rule the EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 4, 26A, 311, 
and any method to measure hydrogen cyanide from flame lamination 
sources (validated with EPA Method 301). Consistent with the NTTAA, EPA 
conducted searches to identify voluntary consensus standards in 
addition to these EPA methods. No applicable voluntary consensus 
standards were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 311, and 
a method to measure hydrogen cyanide. The search and review results 
have been documented and are placed in the docket (OAR-2002-0080 or A-
2000-43) for the final rule.
    Five voluntary consensus standards: ASTM D1979-91, ASTM D3432-89, 
ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are incorporated by 
reference in EPA Method 311.
    The search for emission measurement procedures identified seven 
voluntary consensus standards potentially applicable to the final rule. 
The EPA determined that five of these seven standards were impractical 
alternatives to EPA test methods for the purposes of this rulemaking. 
Therefore, EPA will not adopt these standards today. The reasons for 
this determination for the five methods are in the docket.
    The following two voluntary consensus standards identified in this 
search were not available at the time the review was conducted for the 
purposes of this 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); and ASME/BSR 
MFC 12M, ``Flow in Closed Conduits Using Multiport Averaging Pitot 
Primary Flowmeters,'' for EPA Method 2.
    Sections 63.8800 and 63.8802 and Table 3 to subpart MMMMM list the 
EPA testing methods included in the final rule. Under 40 CFR 63.7(f) 
and 63.8(f), a source may apply to EPA for permission to use 
alternative test methods or alternative monitoring requirements in 
place of any of the EPA testing methods, performance specifications, or 
procedures.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. 804(2). The final rule will be 
effective on April 14, 2003.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure,

[[Page 18070]]

Air pollution control, Hazardous substances, Intergovernmental 
relations, Recordkeeping and reporting requirements.

    Dated: February 28, 2003.
Christine Todd Whitman,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of the Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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


0
2. Part 63 is amended by adding subpart MMMMM to read as follows:
Sec.
Subpart MMMMM--National Emission Standards for Hazardous Air 
Pollutants: Flexible Polyurethane Foam Fabrication Operations

What This Subpart Covers

63.8780 What is the purpose of this subpart?
63.8782 Am I subject to this subpart?
63.8784 What parts of my plant does this subpart cover?
63.8786 When do I have to comply with this subpart?

Emission Limitations

63.8790 What emission limitations must I meet?

General Compliance Requirements

63.8794 What are my general requirements for complying with this 
subpart?

Testing and Initial Compliance Requirements

63.8798 By what date must I conduct performance tests or other 
initial compliance demonstrations?
63.8800 What performance tests and other procedures must I use to 
demonstrate compliance with the emission limit for flame lamination?
63.8802 What methods must I use to demonstrate compliance with the 
emission limitation for loop slitter adhesive use?
63.8806 How do I demonstrate initial compliance with the emission 
limitations?

Continuous Compliance Requirements

63.8810 How do I monitor and collect data to demonstrate continuous 
compliance?
63.8812 How do I demonstrate continuous compliance with the emission 
limitations?

Notifications, Reports, and Records

63.8816 What notifications must I submit and when?
63.8818 What reports must I submit and when?
63.8820 What records must I keep?
63.8822 In what form and how long must I keep my records?

Other Requirements and Information

63.8826 What parts of the General Provisions apply to me?
63.8828 Who implements and enforces this subpart?
63.8830 What definitions apply to this subpart?

Tables to Subpart MMMMM of Part 63

Table 1 to Subpart MMMMM of Part 63--Emission Limits
Table 2 to Subpart MMMMM of Part 63--Operating Limits for
New or Reconstructed Flame Lamination Affected Sources
Table 3 to Subpart MMMMM of Part 63--Performance Test
Requirements for New or Reconstructed Flame Lamination Affected 
Sources
Table 4 to Subpart MMMMM of Part 63--Initial Compliance With 
Emission Limits
Table 5 to Subpart MMMMM of Part 63--Continuous Compliance with 
Emission Limits and Operating Limits
Table 6 to Subpart MMMMM of Part 63--Requirements for Reports
Table 7 to Subpart MMMMM of Part 63--Applicability of General 
Provisions to Subpart MMMMM

What This Subpart Covers


Sec.  63.8780  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) emitted from flexible polyurethane foam 
fabrication operations. This subpart also establishes requirements to 
demonstrate initial and continuous compliance with the emission 
standards.


Sec.  63.8782  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a 
flexible polyurethane foam fabrication plant site that operates a flame 
lamination affected source, as defined at Sec.  63.8784(b)(2), and that 
is located at, or is part of a major emission source of hazardous air 
pollutants (HAP) or that operates a loop slitter affected source, as 
defined at Sec.  63.8784(b)(1), that meets the criteria in paragraphs 
(a)(1) and (2) of this section.
    (1) The loop slitter affected source uses one or more HAP-based 
adhesives at any time on or after April 14, 2003.
    (2) The loop slitter affected source is located at or is part of a 
major source of HAP.
    (b) A flexible polyurethane foam fabrication plant site is a plant 
site where pieces of flexible polyurethane foam are bonded together or 
to other substrates using HAP-based adhesives or flame lamination.
    (c) A major source of HAP is a plant site that emits or has the 
potential to emit any single HAP at a rate of 10 tons or more per year 
or any combination of HAP at a rate of 25 tons or more per year.
    (d) This subpart does not apply to the following processes in 
paragraphs (d)(1) and (2) of this section:
    (1) Processes that produce flexible polyurethane or rebond foam as 
defined in subpart III of this part.
    (2) A research and development facility, as defined in section 
112(c)(7) of the Clean Air Act (CAA).


Sec.  63.8784  What parts of my plant does this subpart cover?

    (a) This subpart applies to each existing, new, or reconstructed 
affected source at facilities engaged in flexible polyurethane foam 
fabrication.
    (b) The affected sources are defined in this section in paragraphs 
(b)(1) and (2) of this section.
    (1) The loop slitter adhesive use affected source is the collection 
of all loop slitters and associated adhesive application equipment used 
to apply HAP-based adhesives to bond foam to foam at a flexible 
polyurethane foam fabrication plant site.
    (2) The flame lamination affected source is the collection of all 
flame lamination lines associated with the flame lamination of foam to 
any substrate at a flexible polyurethane foam fabrication plant site.
    (c)(1) A new affected source is one that commences construction 
after August 8, 2001 and meets the applicability criteria of Sec.  
63.8782 at the time construction commences.
    (2) If you add one or more flame lamination lines at a plant site 
where flame lamination lines already exist, the added line(s) shall be 
a new affected source and meet new source requirements if the added 
line(s) has the potential to emit 10 tons per year or more of any HAP 
or 25 tons or more per year of any combination of HAP.
    (d) A reconstructed affected source is one that commences 
reconstruction after August 8, 2001 and meets the criteria for 
reconstruction as defined in Sec.  63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.


Sec.  63.8786  When do I have to comply with this subpart?

    (a) If you have a new or reconstructed affected source, you must 
comply with this subpart according to paragraphs (a)(1) and (2) of this 
section.
    (1) If you start up your new or reconstructed affected source 
before April 14, 2003, then you must comply with the emission standards 
for new or reconstructed sources in this subpart no later than April 
14, 2003.
    (2) If you start up your new or reconstructed affected source on or 
after April 14, 2003, then you must comply with the emission standards 
for new or

[[Page 18071]]

reconstructed sources in this subpart upon startup of your affected 
source.
    (b) If you have an existing loop slitter affected source, you must 
comply with the emission standards for existing sources no later than 1 
year after April 14, 2003.
    (c) If you have an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP and an 
affected source subject to this subpart, the provisions in paragraphs 
(c)(1) and (2) of this section apply.
    (1) A new affected source as specified at Sec.  63.8784(c) or a 
reconstructed affected source as specified at Sec.  63.8784(d) must be 
in compliance with this subpart upon startup.
    (2) An existing affected source as specified at Sec.  63.8784(e) 
must be in compliance with this subpart no later than 1 year after the 
date on which the area source became a major source.
    (d) You must meet the notification requirements in Sec.  63.8816 
according to the schedule in Sec.  63.8816 and in subpart A of this 
part. Some of the notifications must be submitted before you are 
required to comply with the emission standards in this subpart.
    (e) If you have a loop slitter affected source, you must have data 
on hand beginning on the compliance date specified in paragraph (b) of 
this section as necessary to demonstrate that your adhesives are not 
HAP-based. The types of data necessary are described in Sec. Sec.  
63.8802 and 63.8810.

Emission Limitations


Sec.  63.8790  What emission limitations must I meet?

    (a) You must meet each emission limit in Table 1 to this subpart 
that applies to you.
    (b) You must meet each operating limit in Table 2 to this subpart 
that applies to you.

General Compliance Requirements


Sec.  63.8794  What are my general requirements for complying with this 
subpart?

    (a) For each loop slitter adhesive use affected source, you must be 
in compliance with the requirements in this subpart at all times.
    (b) For each new or reconstructed flame lamination affected source, 
you must be in compliance with the requirements in this subpart at all 
times, except during periods of startup, shutdown, and malfunction.
    (c) You must always operate and maintain your affected source, 
including air pollution control and monitoring equipment, according to 
the provisions in Sec.  63.6(e)(1)(i).
    (d) During the period between the compliance date specified for 
your new or reconstructed flame lamination affected source in Sec.  
63.8786, and the date upon which continuous compliance monitoring 
systems have been installed and verified and any applicable operating 
limits have been set, you must maintain a log detailing the operation 
and maintenance of the process and emissions control equipment.
    (e) For each new or reconstructed flame lamination affected source, 
you must develop and implement a written startup, shutdown, and 
malfunction plan according to the provisions in Sec.  63.6(e)(3).
    (f) For each monitoring system required in this section for new or 
reconstructed flame lamination sources, you must develop and submit for 
approval a site-specific monitoring plan that addresses the 
requirements in paragraphs (f)(1) through (3) of this section.
    (1) Installation of the continuous monitoring system (CMS) sampling 
probe or other interface at a measurement location relative to each 
affected process unit such that the measurement is representative of 
control of the exhaust emissions (e.g., on or downstream of the last 
control device);
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer, 
and the data collection and reduction system; and
    (3) Performance evaluation procedures and acceptance criteria 
(e.g., calibrations).
    (g) In your site-specific monitoring plan, you must also address 
the ongoing procedures specified in paragraphs (g)(1) through (3) of 
this section.
    (1) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec. Sec.  63.8(c)(1), (3), (4)(ii), (7), 
and (8), and 63.8804;
    (2) Ongoing data quality assurance procedures in accordance with 
the general requirements of Sec.  63.8(d); and
    (3) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  63.10(c), (e)(1), and (e)(2)(i).

Testing and Initial Compliance Requirements


Sec.  63.8798  By what date must I conduct performance tests or other 
initial compliance demonstrations?

    (a) For each loop slitter affected source, you must conduct the 
initial compliance demonstration by the compliance date that is 
specified for your source in Sec.  63.8786.
    (b) For each new or reconstructed flame lamination affected source, 
you must conduct performance tests within 180 calendar days after the 
compliance date that is specified for your source in Sec.  63.8786 and 
according to the provisions in Sec.  63.7(a)(2).


Sec.  63.8800  What performance tests and other procedures must I use 
to demonstrate compliance with the emission limit for flame lamination?

    (a) You must conduct each performance test in Table 3 to this 
subpart that applies to you.
    (b) Each performance test must be conducted according to the 
requirements in Sec.  63.7(e)(1) and under the specific conditions in 
Table 3 to this subpart.
    (c) You may not conduct performance tests during periods of 
startup, shutdown, or malfunction, as specified in Sec.  63.7(e)(1).
    (d) You must conduct at least three separate test runs for each 
performance test required in this section, as specified in Sec.  
63.7(e)(3). Each test run must last at least 1 hour.
    (e) You must determine the percent reduction of HAP emissions 
during the performance test according to paragraphs (e)(1) through (3) 
of this section.
    (1) If you use chlorinated fire retardant foams, determine the 
percent reduction of HCl to represent HAP emissions from the source. If 
you do not use chlorinated fire retardant foams, determine the percent 
reduction of HCN to represent HAP emissions from the source.
    (2) Calculate the concentration of HAP at the control device inlet 
and at the control device outlet using the procedures in the specified 
test method.
    (3) Compare the calculated HAP concentration at the control device 
inlet to the calculated HAP concentration at the control device outlet 
to determine the percent reduction over the period of the performance 
test, using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14AP03.000


Where:

R=Efficiency of control device, percent.
Einlet,i=HAP concentration of control device inlet stream 
for test run i, mg/dscm.
Eoutlet,i=HAP concentration of control device outlet stream 
for test run i, mg/dscm.

[[Page 18072]]

n=Number of runs conducted for the performance test.

    (f) You must also meet the requirements in paragraphs (f)(1) and 
(2) of this section.
    (1) Conduct the performance tests using foams that are 
representative of foams typically used at your flame lamination 
affected source. If you use foams containing chlorinated fire 
retardants, you must conduct the performance tests using these foams.
    (2) Establish all applicable operating limits that correspond to 
the control system efficiency as described in Table 3 to this subpart.


Sec.  63.8802  What methods must I use to demonstrate compliance with 
the emission limitation for loop slitter adhesive use?

    (a) Determine the HAP content for each material used. To determine 
the HAP content for each material used in your foam fabrication 
operations, you must use one of the options in paragraphs (a)(1) 
through (3) of this section. If you use the option in paragraph (a)(3) 
of this section, you are subject to the provisions of paragraph (a)(4) 
of this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of HAP. Use the procedures 
specified in paragraphs (a)(1)(i) and (ii) of this section when 
determining HAP content by Method 311.
    (i) Include in the HAP total each HAP that is measured to be 
present at 0.1 percent by mass or more for Occupational Safety and 
Health Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 
percent of the material by mass, you do not need to include it in the 
HAP total. Express the mass fraction of each HAP you measure as a value 
truncated to four places after the decimal point (for example, 0.1234).
    (ii) Calculate the total HAP content in the test material by adding 
up the individual HAP contents and truncating the result to three 
places after the decimal point (for example, 0.123).
    (2) Alternative method. You may use an alternative test method for 
determining mass fraction of HAP if you obtain prior approval by the 
Administrator. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (3) 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) and (2) of this section to 
determine the mass fraction of HAP according to paragraphs (a)(3)(i) 
and (ii) of this section. This information may include, but is not 
limited to, a material safety data sheet (MSDS), a certified product 
data sheet (CPDS), or a manufacturer's hazardous air pollutant data 
sheet.
    (i) Include in the HAP total each HAP that is present at 0.1 
percent by mass or more for OSHA-defined carcinogens as specified in 29 
CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other 
compounds. For example, if toluene (not an OSHA carcinogen) is 0.5 
percent of the material by mass, you do not have to include it in the 
HAP total.
    (ii) If the HAP content is provided by the material supplier or 
manufacturer as a range, then you must use the upper limit of the range 
for determining compliance.
    (4) Verification of supplier or manufacturer information. Although 
you are not required to perform testing to verify the information 
obtained according to paragraph (a)(3) of this section, the 
Administrator may require a separate measurement of the total HAP 
content using the methods specified in paragraph (a)(1) or (2) of this 
section. If this measurement exceeds the total HAP content provided by 
the material supplier or manufacturer, then you must use the measured 
HAP content to determine compliance.
    (b) [Reserved]


Sec.  63.8806  How do I demonstrate initial compliance with the 
emission limitations?

    (a) You must demonstrate initial compliance with each emission 
limit that applies to you according to Table 4 to this subpart.
    (b) You must establish each site-specific operating limit in Table 
2 to this subpart that applies to you according to the requirements in 
Sec.  63.8800 and Table 3 to this subpart.
    (c) You must submit the Notification of Compliance Status 
containing the results of the initial compliance demonstration 
according to the requirements in Sec.  63.8816(e) through (h).

Continuous Compliance Requirements


Sec.  63.8810  How do I monitor and collect data to demonstrate 
continuous compliance?

    (a) If you own or operate a loop slitter adhesive use affected 
source, you must meet the requirements in paragraphs (a)(1) and (2) of 
this section.
    (1) Maintain a list of each adhesive and the manufacturer or 
supplier of each.
    (2) Maintain a record of EPA Method 311 (appendix A to 40 CFR part 
63), approved alternative method, or other reasonable means of HAP 
content determinations indicating the mass percent of each HAP for each 
adhesive.
    (b) If you own or operate a new or reconstructed flame lamination 
affected source, you must meet the requirements in paragraphs (b)(1) 
through (3) of this section if you use a scrubber, or paragraph (b)(4) 
of this section if you use any other control device.
    (1) Keep records of the daily average scrubber inlet liquid flow 
rate.
    (2) Keep records of the daily average scrubber effluent pH.
    (3) If you use a venturi scrubber, keep records of daily average 
pressure drop across the venturi.
    (4) Keep records of operating parameter values for each operating 
parameter that applies to you.
    (c) If you own or operate a new or reconstructed flame lamination 
affected source, you must meet the requirements in paragraphs (c)(1) 
through (4) of this section.
    (1) Except for periods of monitoring malfunctions, associated 
repairs, and required quality assurance or control activities 
(including, as applicable, calibration checks and required zero and 
span adjustments), you must monitor continuously (or collect data at 
all required intervals) at all times that the affected source is 
operating. This includes periods of startup, shutdown, and malfunction 
when the affected source is operating. A monitoring malfunction 
includes, but is not limited to, any sudden, infrequent, not reasonably 
preventable failure of the monitoring device to provide valid data. 
Monitoring failures that are caused by poor maintenance or careless 
operation are not malfunctions.
    (2) In data average calculations and calculations used to report 
emission or operating levels, you may not use data recorded during 
monitoring malfunctions, associated repairs, or recorded during 
required quality assurance or control activities. Nor may such data be 
used in fulfilling any applicable minimum data availability 
requirement. You must use all the data collected during all other 
periods in assessing the operation of the control device and associated 
control system.
    (3) You must conduct a performance evaluation of each CMS in 
accordance with your site-specific monitoring plan.
    (4) You must operate and maintain the CMS in continuous operation 
according to the site-specific monitoring plan.

[[Page 18073]]

Sec.  63.8812  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) You must demonstrate continuous compliance with each emission 
limit and operating limit in Tables 1 and 2 to this subpart that 
applies to you according to the methods specified in Table 5 to this 
subpart.
    (b) You must report each instance in which you did not meet each 
emission limit and each operating limit in Tables 1 and 2 to this 
subpart that apply to you. For new or reconstructed flame lamination 
affected sources, this includes periods of startup, shutdown, and 
malfunction. These instances are deviations from the operating limits 
in this subpart. These deviations must be reported according to the 
requirements in Sec.  63.8818.
    (c) For each new or reconstructed flame lamination affected source, 
you must operate in accordance with the startup, shutdown, and 
malfunction plan during periods of startup, shutdown, and malfunction.
    (d) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur at a new or reconstructed flame lamination affected source 
during a period of startup, shutdown, or malfunction 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 at 
a new or reconstructed flame lamination affected source during a period 
of startup, shutdown, or malfunction are violations, according to the 
provisions in Sec.  63.6(e).
    (e) You also must meet the following requirements if you are 
complying with the adhesive use ban for loop slitter adhesive use 
described in Sec.  63.8790(a).
    (1) If, after you submit the Notification of Compliance Status, you 
use an adhesive for which you have not previously verified percent HAP 
mass using the methods in Sec.  63.8802, you must verify that each 
adhesive used in the affected source meets the emission limit, using 
any of the methods in Sec.  63.8802.
    (2) You must update the list of all the adhesives used at the 
affected source.
    (3) With the compliance report for the reporting period during 
which you used the new adhesive, you must submit the updated list of 
all adhesives and a statement certifying that, as purchased, each 
adhesive used at the affected source during the reporting period met 
the emission limit in Table 1 to this subpart.

Notification, Reports, and Records


Sec.  63.8816  What notifications must I submit and when?

    (a) You must submit all of the notifications in Sec. Sec.  63.7(b) 
and (c), 63.8(f), and 63.9(b) through (h) that apply to you.
    (b) If you own or operate an existing loop slitter or flame 
lamination affected source, submit an initial notification no later 
than 120 days after April 14, 2003.
    (c) If you own or operate a new or reconstructed loop slitter or 
flame lamination affected source, submit the application for 
construction or reconstruction required by Sec.  63.9(b)(1)(iii) in 
lieu of the initial notification.
    (d) If you own or operate a new or reconstructed flame lamination 
affected source, submit a notification of intent to conduct a 
performance test at least 60 calendar days before the performance test 
is scheduled to begin, as required in Sec.  63.7(b)(1).
    (e) If you own or operate a loop slitter affected source, submit a 
Notification of Compliance Status according to Sec.  63.9(h)(2)(ii) 
within 60 days of the compliance date specified in Sec.  63.8786.
    (f) If you own or operate a new or reconstructed flame lamination 
affected source, submit a Notification of Compliance Status according 
to Sec.  63.9(h)(2)(ii) that includes the results of the performance 
test conducted according to the requirements in Table 3 to this 
subpart. You must submit the notification before the close of business 
on the 60th calendar day following the completion of the performance 
test according to Sec.  63.10(d)(2).
    (g) For each new or reconstructed flame lamination affected source, 
the Notification of Compliance Status must also include the information 
in paragraphs (g)(1) and (2) that applies to you.
    (1) The operating parameter value averaged over the full period of 
the performance test (for example, average pH).
    (2) The operating parameter range within which HAP emissions are 
reduced to the level corresponding to meeting the applicable emission 
limits in Table 1 to this subpart.
    (h) For each loop slitter adhesive use affected source, the 
Notification of Compliance Status must also include the information 
listed in paragraphs (h)(1) and (2) of this section.
    (1) A list of each adhesive used at the affected source, its HAP 
content (percent by mass), and the manufacturer or supplier of each.
    (2) A statement certifying that each adhesive that was used at the 
affected source during the reporting period met the emission limit in 
Table 1 to this subpart.


Sec.  63.8818  What reports must I submit and when?

    (a) You must submit each report in Table 6 to this subpart that 
applies to you.
    (b) Unless the Administrator has approved a different schedule for 
submission of reports under Sec.  63.10(a), you must submit each 
compliance report for new or reconstructed flame lamination affected 
sources semiannually according to paragraphs (b)(1) through (4) of this 
section.
    (1) The first compliance report must cover the period beginning on 
the compliance date that is specified for your affected source in Sec.  
63.8786 and ending on June 30 or December 31, whichever date is the 
first date following the end of the first calendar half after the 
compliance date that is specified for your source in Sec.  63.8786.
    (2) The first compliance report must be postmarked or delivered no 
later than July 31 or January 31, whichever date follows the end of the 
first calendar half after the compliance date that is specified for 
your affected source in Sec.  63.8786.
    (3) Each subsequent compliance report must cover the semiannual 
reporting period from January 1 through June 30 or the semiannual 
reporting period from July 1 through December 31.
    (4) Each subsequent 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.
    (c) For each loop slitter adhesive use affected source, you may 
submit annual compliance reports in place of semiannual reports.
    (d) 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 dates in paragraphs (b)(1) through (4) of 
this section.
    (e) The compliance report must contain the information in 
paragraphs (e)(1) through (5) of this section.
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy

[[Page 18074]]

and completeness of the content of the report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If there are no deviations from any emission limitations 
(emission limit or operating limit) that applies to you, a statement 
that there were no deviations from the emission limitations during the 
reporting period.
    (5) For each deviation from an emission limitation that occurs, the 
compliance report must contain the information specified in paragraphs 
(e)(5)(i) through (iii) of this section.
    (i) The total operating time of each affected source during the 
reporting period.
    (ii) Information on the number, duration, and cause of deviations 
(including unknown cause, if applicable), as applicable, and the 
corrective action taken.
    (iii) Information on the number, duration, and cause for continuous 
parameter monitoring system (CPMS) downtime incidents, if applicable, 
other than downtime associated with zero and span and other daily 
calibration checks.
    (f) The compliance report for a new or reconstructed flame 
lamination affected source must also contain the following information 
in paragraphs (f)(1) through (3) of this section.
    (1) If you had a startup, shutdown or malfunction at your new or 
reconstructed flame lamination affected source during the reporting 
period and you took actions consistent with your startup, shutdown, and 
malfunction plan, the compliance report must include the information in 
Sec.  63.10(d)(5)(i).
    (2) If there were no periods during which the CPMS was out-of-
control in accordance with the monitoring plan, a statement that there 
were no periods during which the CPMS was out-of-control during the 
reporting period.
    (3) If there were periods during which the CPMS was out-of-control 
in accordance with the monitoring plan, the date, time, and duration of 
each out-of-control period.
    (g) The compliance report for a loop slitter adhesive use affected 
source must also contain the following information in paragraphs (g)(1) 
and (2) of this section.
    (1) For each annual reporting period during which you use an 
adhesive that was not included in the list submitted with the 
Notification of Compliance Status in Sec.  63.8816(h) (1), an updated 
list of all adhesives used at the affected source.
    (2) A statement certifying that each adhesive that was used at the 
affected source during the reporting period met the emission limit in 
Table 1 to this subpart.
    (h) 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 compliance report 
pursuant to Table 6 to this subpart 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 compliance report includes all 
required information concerning deviations from any emission limitation 
(including any operating limit) in this subpart, submission of the 
compliance report shall be deemed to satisfy any obligation to report 
the same deviations in the semiannual monitoring report. However, 
submission of a compliance report shall not otherwise affect any 
obligation the affected source may have to report deviations from 
permit requirements to the permit authority.
    (i) For each startup, shutdown, or malfunction during the reporting 
period where the source does not meet the emission limitations set out 
in Sec.  63.8790 that occurs at a new or reconstructed flame lamination 
affected source and that is not consistent with your startup, shutdown, 
and malfunction plan, you must submit an immediate startup, shutdown 
and malfunction report.
    (1) An initial report containing a description of the actions taken 
for the event must be submitted by fax or telephone within 2 working 
days after starting actions inconsistent with the plan.
    (2) A followup report containing the information listed in Sec.  
63.10(d)(5)(ii) must be submitted within 7 working days after the end 
of the event unless you have made alternative reporting arrangements 
with the permitting authority.


Sec.  63.8820  What records must I keep?

    (a) You must keep a copy of each notification and report that you 
submit to comply with this subpart, including all documentation 
supporting any Initial Notification or Notification of Compliance 
Status that you submitted, according to the requirements in Sec.  
63.10(b)(2)(xiv).
    (b) For each new or reconstructed flame lamination affected source, 
you must also keep the following records specified in paragraphs (b)(1) 
through (4) of this section.
    (1) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (2) Records of performance tests, as required in Sec.  
63.10(b)(2)(viii).
    (3) Records of operating parameter values.
    (4) Records of the date and time that each deviation started and 
stopped and whether the deviation occurred during a period of startup, 
shutdown, or malfunction or during another period.
    (c) For each loop slitter adhesive use affected source, you must 
keep the following records specified in paragraphs (c)(1) and (2) of 
this section.
    (1) A list of each adhesive and the manufacturer or supplier of 
each.
    (2) A record of EPA Method 311 (appendix A to 40 CFR part 63), 
approved alternative method, or other reasonable means of determining 
the mass percent of total HAP for each adhesive used at the affected 
source.


Sec.  63.8822  In what form and 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).
    (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 can keep 
the records offsite for the remaining 3 years.

Other Requirements and Information


Sec.  63.8826  What parts of the General Provisions apply to me?

    Table 7 to this subpart shows which sections of the General 
Provisions in Sec. Sec.  63.1 through 63.15 apply to you.


Sec.  63.8828  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (U.S. EPA), or a delegated authority 
such as your State, local, or tribal agency. If the U.S. EPA 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency, in addition to the U.S. EPA, has the 
authority to implement and enforce this subpart. You should contact 
your U.S. 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

[[Page 18075]]

a State, local, or tribal agency under 40 CFR part 63, subpart E, the 
authorities contained in paragraph (c) of this section are retained by 
the Administrator of U.S. EPA and are not transferred to the State, 
local, or tribal agency.
    (c) The authorities in paragraphs (c)(1) through (4) that cannot be 
delegated to State, local, or tribal agencies are as follows:
    (1) Approval of alternatives to requirements in Sec. Sec.  63.8780, 
63.8782, 63.8784, 63.8786, and 63.8790.
    (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.  63.8830  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
and in this section as follows:
    Adhesive means any chemical substance that is applied for the 
purpose of bonding foam to foam, foam to fabric, or foam to any other 
substrate, other than by mechanical means. Products used on humans and 
animals, adhesive tape, contact paper, or any other product with an 
adhesive incorporated onto it in an inert substrate shall not be 
considered adhesives under this subpart.
    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 limitation 
(including any operating limit); or
    (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 limitation (including any operating 
limit) in this subpart during startup, shutdown, or malfunction, 
regardless of whether or not such failure is permitted by this subpart.
    Emission limitation means any emission limit or operating limit.
    Flame lamination means the process of bonding flexible foam to one 
or more layers of material by heating the foam surface with an open 
flame.
    Flame lamination line means the flame laminator and associated 
rollers.
    HAP-based adhesive means an adhesive containing 5 percent (by 
weight) or more of HAP, according to EPA Method 311 (appendix A to 40 
CFR part 63) or another approved alternative.
    Loop slitter means a machine used to create thin sheets of foam 
from the large blocks of foam or ``buns'' created at a slabstock 
flexible polyurethane foam production plant.
    Research and development process means a laboratory or pilot plant 
operation whose primary purpose is to conduct research and development 
into new processes and products where the operations are under the 
close supervision of technically trained personnel, and which is not 
engaged in the manufacture of products for commercial sale, except in a 
de minimis manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.

Tables to Subpart MMMMM of Part 63

          Table 1 to Subpart MMMMM of Part 63.--Emission Limits
   [As stated in Sec.   63.8790(a), you must comply with the emission
                     limits in the following table:]
------------------------------------------------------------------------
               For . . .                          You must . . .
------------------------------------------------------------------------
1. Each existing, new, or reconstructed  Not use any HAP-based
 loop slitter adhesive use affected       adhesives.
 source.
2. Each new or reconstructed flame       Reduce HAP emissions by 90
 lamination affected source.              percent.
3. Each existing flame lamination        There are no emission limits
 affected sources.                        for existing flame lamination
                                          sources. However, you must
                                          submit an initial notification
                                          per Sec.   63.8816(b).
------------------------------------------------------------------------


    Table 2 to Subpart MMMMM of Part 63.--Operating Limits for New or
             Reconstructed Flame Lamination Affected Sources
   [As stated in Sec.   63.8790(b), you must comply with the operating
                     limits in the following table:]
------------------------------------------------------------------------
                For each . . .                       You must . . .
------------------------------------------------------------------------
1. Scrubber..................................  a. Maintain the daily
                                                average scrubber inlet
                                                liquid flow rate above
                                                the minimum value
                                                established during the
                                                performance test.
                                               b. Maintain the daily
                                                average scrubber
                                                effluent pH within the
                                                operating range value
                                                established during the
                                                performance test.
                                               c. If you use a venturi
                                                scrubber, maintain the
                                                daily average pressure
                                                drop across the venturi
                                                within the operating
                                                range value established
                                                during the performance
                                                test.
2. Other type of control device to which       Maintain your operating
 flame lamination emissions are ducted.         parameter(s) within the
                                                ranges established
                                                during the performance
                                                test and according to
                                                your monitoring plan.
------------------------------------------------------------------------


[[Page 18076]]


  Table 3 to Subpart MMMMM of Part 63.--Performance Test Requirements for New or Reconstructed Flame Lamination
                                                Affected Sources
      [As stated in Sec.   63.8800, you must comply with the requirements for performance tests for new or
 reconstructed flame lamination affected sources in the following table using the requirements in rows 1 through
    5 of the table if you are measuring HCl and using a scrubber, row 6 if you are measuring HCN and using a
                         scrubber, and row 7 if you are using any other control device:]
----------------------------------------------------------------------------------------------------------------
For each new or reconstructed flame
  lamination affected source, you            Using . . .           According to the following requirements . . .
             must . . .
----------------------------------------------------------------------------------------------------------------
1. Select sampling port's location   Method 1 or 1A in appendix   Sampling sites must be located at the inlet
 and the number of traverse ports.    A to part 60 of this         and outlet of the scrubber and prior to any
                                      chapter.                     releases to the atmosphere.
2. Determine velocity..............  Method 2, 2A, 2C, 2D, 2F,
                                      or 2G in appendix A to
                                      part 60 of this chapter.
3. Determine gas molecular weight..  Not applicable.............  Assume a molecular weight of 29 (after
                                                                   moisture correction) for calculation
                                                                   purposes.
4. Measure moisture content of the   Method 4 in appendix A to
 stack gas.                           part 60 of this chapter.
5. Measure HCl concentration if you  a. Method 26A in appendix A  i. Measure total HCl emissions and determine
 use chlorinated fire retardants in   to part 60 of this chapter.  the reduction efficiency of the control
 the laminated foam.                                               device using Method 26A.
                                                                  ii. Collect scrubber liquid flow rate,
                                                                   scrubber effluent pH, and pressure drop
                                                                   (pressure drop data only required for venturi
                                                                   scrubbers) every 15 minutes during the entire
                                                                   duration of each 1-hour test run, and
                                                                   determine the average scrubber liquid flow
                                                                   rate, scrubber effluent pH, and pressure drop
                                                                   (pressure drop data only required for Venturi
                                                                   scrubbers) over the period of the performance
                                                                   test by computing the average of all of the
                                                                   15-minute readings.
6. Measure HCN concentration if you  a. A method approved by the  i. Conduct the performance test according to
 do not use chlorinated fire          Administrator.               the site-specific test plan submitted
 retardants in the laminated foam.                                 according to Sec.   63.7(c)(2)(i). Measure
                                                                   total HCN emissions and determine the
                                                                   reduction efficiency of the control device.
                                                                   Any performance test which measures HCN
                                                                   concentrations must be submitted for the
                                                                   administrator's approval prior to testing.
                                                                   You must use EPA Method 301 (40 CFR part 63,
                                                                   Appendix A) to validate your method.
                                                                  ii. Collect scrubber liquid flow rate,
                                                                   scrubber effluent pH, and pressure drop
                                                                   (pressure drop data only required for venturi
                                                                   scrubbers) every 15 minutes during the entire
                                                                   duration of each 1-hour test run, and
                                                                   determine the average scrubber liquid flow
                                                                   rate, scrubber effluent pH, and pressure drop
                                                                   (pressure drop data only required for venturi
                                                                   scrubbers) over the period of the performance
                                                                   test by computing the average of all of the
                                                                   15-minute readings.
7. Determine control device          a. EPA-approved methods and  i. Conduct the performance test according to
 efficiency and establish operating   data from the continuous     the site-specific test plan submitted
 parameter limits with which you      parameter monitoring         according to Sec.   63.7(c)(2)(i).
 will demonstrate continuous          system.                     ii. Collect operating parameter data as
 compliance with the emission limit                                specified in the site-specific test plan.
 that applies to the source if you
 use any control device other than
 a scrubber.
----------------------------------------------------------------------------------------------------------------


 Table 4 to Subpart MMMMM of Part 63.--Initial Compliance With Emission
                                 Limits
 [As stated in Sec.   63.8806, you must comply with the requirements to
  demonstrate initial compliance with the applicable emission limits in
                          the following table:]
------------------------------------------------------------------------
                                                          You have
          For . . .             For the following   demonstrated initial
                              emission limit . . .   compliance if . . .
------------------------------------------------------------------------
1. Each new, reconstructed,   Eliminate use of HAP- You do not use HAP-
 or existing loop slitter      based adhesives.      based adhesives.
 adhesive use affected
 source.
2. Each new or reconstructed  Reduce HAP emissions  The average HAP
 flame lamination affected     by 90 percent.        emissions, measured
 source using a scrubber.                            over the period of
                                                     the performance
                                                     test(s), are
                                                     reduced by 90
                                                     percent.
3. Each new or reconstructed  Reduce HAP emissions  The average HAP
 flame lamination affected     by 90 percent.        emissions, measured
 source using any other                              over the period of
 control device emissions by.                        the performance
                                                     test(s), are
                                                     reduced by 90
                                                     percent.
------------------------------------------------------------------------


[[Page 18077]]


    Table 5 to Subpart MMMMM of Part 63.--Continuous Compliance With
                  Emission Limits and Operating Limits
 [As stated in Sec.   63.8812(a), you must comply with the requirements
to demonstrate continuous compliance with the applicable emission limits
              or operating limits in the following table:]
------------------------------------------------------------------------
                                For the following   You must demonstrate
                               emission limits or        continuous
          For . . .           operating limits . .   compliance by . . .
                                        .
------------------------------------------------------------------------
1. Each new, reconstructed,   Eliminate use of HAP- Not using HAP-based
 or existing loop slitter      based adhesives.      adhesives.
 affected source.
2. Each new or reconstructed  a. Maintain the       i. Collecting the
 flame lamination affected     daily average         scrubber inlet
 source using a scrubber.      scrubber inlet        liquid flow rate
                               liquid flow rate      and effluent pH
                               above the minimum     monitoring data
                               value established     according to Sec.
                               during the            63.8804(a) through
                               performance.          (c).
                              b. Maintain the       ii. Reducing the
                               daily average         data to 1-hour and
                               scrubber effluent     daily block
                               pH within the         averages according
                               operating range       to the requirements
                               established during    in Sec.
                               the performance       63.8804(a).
                               test.                iii. Maintaining
                              c. Maintain the        each daily average
                               daily average         scrubber inlet
                               pressure drop         liquid flow rate
                               across the venturi    above the minimum
                               within the            value established
                               operating range       during the
                               established during    performance test.
                               the performance      iv. Maintaining the
                               test. If you use      daily average
                               another type of       scrubber effluent
                               scrubber (e.g.,       pH within the
                               packed bed or spray   operating range
                               tower scrubber),      established during
                               monitoring pressure   the performance
                               drop is not           test.
                               required.            v. If you use a
                                                     venturi scrubber,
                                                     maintaining the
                                                     daily average
                                                     pressure drop
                                                     across the venturi
                                                     within the
                                                     operating range
                                                     established during
                                                     the performance
                                                     test.
3. Each new or reconstructed  a. Maintain the       i. Collected the
 flame lamination affected     daily average         operating parameter
 source using any other        operating             data according to
 control device.               parameters above      the site-specific
                               the minimum value     test plan.
                               established during   ii. Reducing the
                               the performance       data to one-hour
                               test, or within the   averages according
                               range established     to the requirements
                               during the            in Sec.
                               performance test,     63.8804(a).
                               as applicable.       iii. Maintaining the
                                                     daily average
                                                     during the rate
                                                     above the minimum
                                                     value established
                                                     during the
                                                     performance test,
                                                     or within the range
                                                     established during
                                                     the performance
                                                     test, as
                                                     applicable.
------------------------------------------------------------------------


     Table 6 to Subpart MMMMM of Part 63.--Requirements for Reports
  [As stated in Sec.   63.8818(a), you must submit a compliance report
 that includes the information in Sec.   63.8818(e) through (g) as well
as the information in the following table. Rows 1 and 3 of the following
 table apply to loop slitter affected sources. Rows 1 through 5 apply to
    flame lamination affected sources. You must also submit startup,
 shutdown, and malfunction reports according to the requirements in the
   following table if you own or operate a new or reconstructed flame
                      lamination affected source:]
------------------------------------------------------------------------
                                          Then you must submit a report
                If . . .                      or statement that . .
------------------------------------------------------------------------
1. There are no deviations from any      There were no deviations from
 emission limitations that apply to you.  the emission limitations
                                          during the reporting period.
2. There were no periods during which    There were no periods during
 the operating parameter monitoring       which the CPMS were out-of-
 systems were out-of-control in           control during the reporting
 accordance with the monitoring plan.     period.
3. There was a deviation from any        Contains the information in
 emission limitation during the           Sec.   63.8818(e)(5).
 reporting period.
4. There were periods during which the   Contains the information in
 operating parameter monitoring systems   Sec.   63.8818(f)(3).
 were out-of-control in information in
 accordance with the monitoring plan.
5. There was a startup, shutdown, or     Contains the information in
 malfunction where the source did not     Sec.   63.8818(i).
 meet the emission limitations set out
 in Sec.   63.8790 at a new or
 reconstructed flame lamination
 affected source during the reporting
 period that is not consistent with
 your startup, shutdown, and
 malfunction plan..
------------------------------------------------------------------------


           Table 7 to Subpart MMMMM of Part 63.--Applicability of General Provisions to Subpart MMMMM
 [As stated in Sec.   63.8826, you must comply with the applicable General Provisions requirements according to
                                              the following table:]
----------------------------------------------------------------------------------------------------------------
             Citation                   Requirement           Applies to subpart MMMMM           Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1......................  Initial               Yes.
                                    applicability
                                    determination;
                                    applicability after
                                    standard
                                    established; permit
                                    requirements;
                                    extensions;
                                    notifications.
Sec.   63.2......................  Definitions.........  Yes..............................  Additional
                                                                                             definitions are
                                                                                             found in Sec.
                                                                                             63.8830.

[[Page 18078]]

 
Sec.   63.3......................  Units and             Yes.
                                    abbreviations.
Sec.   63.4......................  Prohibited            Yes.
                                    activities;
                                    compliance date;
                                    circumvention,
                                    severability.
Sec.   63.5......................  Construction/         Yes.
                                    reconstruction
                                    applicability;
                                    applications;
                                    approvals.
Sec.   63.6(a)...................  Compliance with       Yes.
                                    standards and
                                    maintenance
                                    requirements-
                                    applicability.
Sec.   63.6(b)(1)-(4)............  Compliance dates for  Yes..............................  Sec.   63.8786
                                    new or                                                   specifies
                                    reconstructed                                            compliance dates.
                                    sources.
Sec.   63.6(b)(5)................  Notification if       Yes.
                                    commenced
                                    construction or
                                    reconstruction
                                    after proposal.
Sec.   63.6(b)(6)................  [Reserved]..........  Yes.
Sec.   63.6(b)(7)................  Compliance dates for  Yes..............................  Sec.   63.8786
                                    new or                                                   specifies
                                    reconstructed area                                       compliance dates.
                                    sources that become
                                    major.
Sec.   63.6(c)(1)-(2)............  Compliance dates for  Yes..............................  Sec.   63.8786
                                    existing sources.                                        specifies
                                                                                             compliance dates.
Sec.   63.6(c)(3)-(4)............  [Reserved]..........  Yes.
Sec.   63.6(c)(5)................  Compliance dates for  Yes..............................  Sec.   63.8786
                                    existing area                                            specifies
                                    sources that become                                      compliance dates.
                                    major.
Sec.   63.6(d)...................  [Reserved]..........  Yes.
Sec.   63.6(e)(1)................  Operation and         Yes.
                                    maintenance
                                    requirements.
Sec.   63.6(e)(2)................  [Reserved]..........  Yes.
Sec.   63.6(e)(3)................  Startup, shutdown,    Yes..............................  Only applies to new
                                    and malfunction                                          or reconstructed
                                    plans.                                                   flame lamination
                                                                                             affected sources.
Sec.   63.6(f)(1)................  Compliance except     Yes..............................  Only applies to new
                                    during SSM.                                              or reconstructed
                                                                                             flame lamination
                                                                                             affected sources.
Sec.   63.6(f)(2)-(3)............  Methods for           Yes.
                                    determining
                                    compliance.
Sec.   63.6(g)...................  Use of an             Yes.
                                    alternative
                                    nonopacity emission
                                    standard.
Sec.   63.6(h)...................  Compliance with       No...............................  Subpart MMMMM does
                                    opacity/visible                                          not specify opacity
                                    emission standards.                                      or visible emission
                                                                                             standards.
Sec.   63.6(i)...................  Extension of          Yes.
                                    compliance with
                                    emission standards.
Sec.   63.6(j)...................  Presidential          Yes.
                                    compliance
                                    exemption.
Sec.   63.7(a)(1)-(2)............  Performance test      Yes..............................  Except for loop
                                    dates.                                                   slitter affected
                                                                                             sources as
                                                                                             specified in in
                                                                                             Sec.   63.8798(a).
Sec.   63.7(a)(3)................  Administrator's       Yes.
                                    section 114
                                    authority to
                                    require a
                                    performance test.
Sec.   63.7(b)...................  Notification of       Yes.
                                    performance test
                                    and rescheduling.
Sec.   63.7(c)...................  Quality assurance     Yes.
                                    program and site-
                                    specific test plans.
Sec.   63.7(d)...................  Performance testing   Yes.
                                    facilities.
Sec.   63.7(e)(1)................  Conditions for        Yes.
                                    conducting
                                    performance tests.
Sec.   63.7(f)...................  Use of an             Yes.
                                    alternative test
                                    method.
Sec.   63.7(g)...................  Performance test      Yes.
                                    data analysis,
                                    recordkeeping, and
                                    reporting.
Sec.   63.7(h)...................  Waiver of             Yes.
                                    performance tests.
Sec.   63.8(a)(1)-(2)............  Applicability of      Yes..............................  Unless otherwise
                                    monitoring                                               specified, all of
                                    requirements.                                            Sec.   63.8 applies
                                                                                             only to new or
                                                                                             reconstructed flame
                                                                                             lamination sources.
                                                                                             Additional
                                                                                             monitoring
                                                                                             requirements for
                                                                                             these sources are
                                                                                             found in Sec.  Sec.
                                                                                               63.8794(f) and
                                                                                             (g) and 63.8804.
Sec.   63.8(a)(3)................  [Reserved]..........  Yes.
Sec.   63.8(a)(4)................  Monitoring with       No...............................  Subpart MMMMM does
                                    flares.                                                  not refer directly
                                                                                             or indirectly to
                                                                                             Sec.   63.11.
Sec.   63.8(b)...................  Conduct of            Yes.
                                    monitoring and
                                    procedures when
                                    there are multiple
                                    effluents and
                                    multiple monitoring
                                    systems.
Sec.   63.8(c)(1)-(3)............  Continuous            Yes..............................  Applies as modified
                                    monitoring system                                        by Sec.
                                    (CMS) operation and                                      63.8794(f) and (g).
                                    maintenance.
Sec.   63.8(c)(4)................  Continuous            Yes..............................  Applies as modified
                                    monitoring system                                        by Sec.
                                    requirements during                                      63.8794(g).
                                    breakdown, out-of-
                                    control, repair,
                                    maintenance, and
                                    high-level
                                    calibration drifts.

[[Page 18079]]

 
Sec.   63.8(c)(5)................  Continuous opacity    No...............................  Subpart MMMMM does
                                    monitoring system                                        not have opacity or
                                    (COMS) minimum                                           visible emission
                                    procedures.                                              standards.
Sec.   63.8(c)(6)................  Zero and high level   Yes..............................  Applies as modified
                                    calibration checks.                                      by Sec.
                                                                                             63.8794(f).
Sec.   63.8(c)(7)-(8)............  Out-of-control        Yes.
                                    periods, including
                                    reporting.
Sec.   63.8(d)-(e)...............  Quality control       No...............................  Applies as modified
                                    program and CMS                                          by Sec.
                                    performance                                              63.8794(f) and (g).
                                    evaluation.
Sec.   63.8(f)(1)-(5)............  Use of an             Yes.
                                    alternative
                                    monitoring method.
Sec.   63.8(f)(6)................  Alternative to        No...............................  Only applies to
                                    relative accuracy                                        sources that use
                                    test.                                                    continuous
                                                                                             emissions
                                                                                             monitoring systems
                                                                                             (CEMS).
Sec.   63.8(g)...................  Data reduction......  Yes..............................  Applies as modified
                                                                                             by Sec.
                                                                                             63.8794(g).
Sec.   63.9(a)...................  Notification          Yes.
                                    requirements--appli
                                    cability.
Sec.   63.9(b)...................  Initial               Yes..............................  Except Sec.
                                    notifications.                                           63.8816(c) requires
                                                                                             new or
                                                                                             reconstructed
                                                                                             affected sources to
                                                                                             submit the
                                                                                             application for
                                                                                             construction or
                                                                                             reconstruction
                                                                                             required by Sec.
                                                                                             63.9(b)(1)(iii) in
                                                                                             lieu of the initial
                                                                                             notification.
Sec.   63.9(c)...................  Request for           Yes.
                                    compliance
                                    extension.
Sec.   63.9(d)...................  Notification that a   Yes.
                                    new source is
                                    subject to special
                                    compliance
                                    requirements.
Sec.   63.9(e)...................  Notification of       Yes.
                                    performance test.
Sec.   63.9(f)...................  Notification of       No...............................  Subpart MMMMM does
                                    visible emissions/                                       not have opacity or
                                    opacity test.                                            visible emission
                                                                                             standards.
Sec.   63.9(g)(1)................  Additional CMS        Yes.
                                    notifications--date
                                    of CMS performance
                                    evaluation.
Sec.   63.9(g)(2)................  Use of COMS data....  No...............................  Subpart MMMMM does
                                                                                             not require the use
                                                                                             of COMS.
Sec.   63.9(g)(3)................  Alternative to        No...............................  Applies only to
                                    relative accuracy                                        sources with CEMS.
                                    testing.
Sec.   63.9(h)...................  Notification of       Yes.
                                    compliance status.
Sec.   63.9(i)...................  Adjustment of         Yes.
                                    submittal deadlines.
Sec.   63.9(j)...................  Change in previous    Yes.
                                    information.
Sec.   63.10(a)..................  Recordkeeping/        Yes.
                                    reporting
                                    applicability.
Sec.   63.10(b)(1)...............  General               Yes..............................  Sec.  Sec.   63.8820
                                    recordkeeping                                            and 63.8822 specify
                                    requirements.                                            additional
                                                                                             recordkeeping
                                                                                             requirements.
Sec.   63.10(b)(2)(i)-(xi).......  Records related to    Yes..............................  Only applies to new
                                    startup, shutdown,                                       or reconstructed
                                    and malfunction                                          flame lamination
                                    periods and CMS.                                         affected sources.
Sec.   63.10(b)(2)(xii)..........  Records when under    Yes.
                                    waiver.
Sec.   63.10(b)(2)(xiii).........  Records when using    No...............................  Applies only to
                                    alternative to                                           sources with CEMS.
                                    relative accuracy
                                    test.
Sec.   63.10(b)(2)(xiv)..........  All documentation     Yes
                                    supporting initial
                                    notification and
                                    notification of
                                    compliance status.
Sec.   63.10(b)(3)...............  Recordkeeping         Yes.
                                    requirements for
                                    applicability
                                    determinations.
Sec.   63.10(c)..................  Additional            Yes..............................  Applies as modified
                                    recordkeeping                                            by Sec.
                                    requirements for                                         63.8794(g).
                                    sources with CMS.
Sec.   63.10(d)(1)...............  General reporting     Yes..............................  Sec.   63.8818
                                    requirements.                                            specifies
                                                                                             additional
                                                                                             reporting
                                                                                             requirements.
Sec.   63.10(d)(2)...............  Performance test      Yes                                ....................
                                    results.
Sec.   63.10(d)(3)...............  Opacity or visible    No...............................  Subpart MMMMM does
                                    emissions                                                not specify opacity
                                    observations.                                            or visible emission
                                                                                             standards.
Sec.   63.10(d)(4)...............  Progress reports for  Yes.                               ....................
                                    sources with
                                    compliance
                                    extensions.
Sec.   63.10(d)(5)...............  Startup, shutdown,    Yes..............................  Only applies to new
                                    and malfunction                                          or reconstructed
                                    reports.                                                 flame lamination
                                                                                             affected sources.
Sec.   63.10(e)(1)...............  Additional CMS         Yes.............................  Applies as modified
                                    reports--general.                                        by Sec.
                                                                                             63.8794(g).
Sec.   63.10(e)(2)(i)............  Results of CMS        Yes..............................  Applies as modified
                                    performance                                              by Sec.
                                    evaluations.                                             63.8794(g).
Sec.   63.10(e)(2)...............  Results of            No...............................  Subpart MMMMM does
                                    continuous opacity                                       require the use of
                                    monitoring systems                                       COMS.
                                    performance
                                    evaluations.
Sec.   63.10(e)(3)...............  Excess emissions/CMS  Yes..............................  Only applies to new
                                    performance reports.                                     or reconstructed
                                                                                             flame lamination
                                                                                             affected sources.
Sec.   63.10(e)(4)...............  Continuous opacity    No...............................  Subpart MMMMM does
                                    monitoring system                                        not require the use
                                    data reports.                                            of COMS.
Sec.   63.10(f)..................  Recordkeeping/        Yes                                ....................
                                    reporting waiver.

[[Page 18080]]

 
Sec.   63.11.....................  Control device        No...............................  Facilities subject
                                    requirements--appli                                      to subpart MMMMM do
                                    cability.                                                not use flares as
                                                                                             control devices.
Sec.   63.12.....................  State authority and   Yes..............................  Sec.   63.8828 lists
                                    delegations.                                             those sections of
                                                                                             subparts MMMMM and
                                                                                             A that are not
                                                                                             delegated.
Sec.   63.13.....................  Addresses...........  Yes.                               ....................
Sec.   63.14.....................  Incorporation by      Yes..............................  Subpart MMMMM does
                                    reference.                                               not incorporate any
                                                                                             material by
                                                                                             reference.
Sec.   63.15.....................  Availability of       Yes.
                                    information/
                                    confidentiality..
----------------------------------------------------------------------------------------------------------------

[FR Doc. 03-5520 Filed 4-11-03; 8:45 am]
BILLING CODE 6560-50-P