[Federal Register Volume 68, Number 100 (Friday, May 23, 2003)]
[Rules and Regulations]
[Pages 28606-28646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5623]



[[Page 28605]]

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Part III





Environmental Protection Agency





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40 CFR Part 63



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

  Federal Register / Vol. 68, No. 100 / Friday, May 23, 2003 / Rules 
and Regulations  

[[Page 28606]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0048--FRL-7462-1]
RIN 2060-AG55


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

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 metal furniture 
surface coating operations located at major sources of hazardous air 
pollutant (HAP) emissions. The final standards implement section 112(d) 
of the Clean Air Act (CAA) which requires the Administrator to regulate 
emissions of HAP listed in section 112(b) of the CAA. The intent of the 
standards is to protect public health and the environment by requiring 
new and existing major sources to control emissions to the level 
attainable by implementing the maximum achievable control technology 
(MACT). The final standards will eliminate approximately 73 percent of 
nationwide HAP emissions from major sources that coat metal furniture. 
Metal furniture surface coating operations emit HAP such as xylene, 
toluene, ethylene glycol monobutyl ether and other glycol ethers, 
ethylbenzene, and methyl ethyl ketone. Health effects associated with 
these pollutants include eye, nose, throat, and skin irritation; 
nausea, vomiting, headache, and dizziness; and liver and kidney damage. 
We do not have the type of current detailed data on each of the 
facilities covered by the final rule and the people living around the 
facilities that would be necessary to conduct an analysis to determine 
the actual population exposures to the HAP emitted from these 
facilities and potential for resultant health effects. Therefore, we do 
not know the extent to which the adverse health effects described above 
occur in the populations surrounding these facilities. However, to the 
extent the adverse effects do occur, the final rule will reduce 
emissions and subsequent exposures.

EFFECTIVE DATE: May 23, 2003. The incorporation by reference of certain 
publications listed in today's final rule is approved by the Director 
of the Federal Register as of May 23, 2003.

ADDRESSES: Docket. Docket ID No. OAR-2002-0048 (formerly Docket No. A-
97-40) is located at the EPA Docket Center, EPA West, U.S. EPA (6102T), 
1301 Constitution Avenue, NW, Room B-102, Washington, DC 20460.
    Background Information Document. A background information document 
(BID) for the promulgated NESHAP may be obtained from the docket; the 
U.S. EPA Library (C267-01), Research Triangle Park, NC 27711, telephone 
(919) 541-2777; or from the National Technical Information Service, 
5285 Port Royal Road, Springfield, Virginia 22161, telephone (703) 487-
4650. Refer to ``National Emission Standards for Hazardous Air 
Pollutants (NESHAP): Surface Coating of Metal Furniture-Summary of 
Public Comments and Responses on Proposed Rule'' (EPA-453/R-03-002). 
The promulgation BID contains a summary of changes made to the 
standards since proposal, public comments made on the proposed 
standards, and EPA responses to the comments.

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

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action include those listed on the 
following table. This table is not intended to be exhaustive, but is 
just a guide to entities likely to be regulated by the standards. It 
lists the types of entities that may be regulated, but you should 
examine the applicability criteria in Sec. Sec.  63.4881 and 63.4882 of 
the rule to decide whether your facility is regulated by the standards.

     Categories and Entities Potentially Regulated by the Standards
------------------------------------------------------------------------
                                      NAICS
        Product description          code(s)   NAICS Product Description
------------------------------------------------------------------------
Metal Household Furniture.........     337124  Metal Household Furniture
                                                Manufacturing.
Office Furniture, Except Wood.....     337214  Nonwood Office Furniture
                                                Manufacturing.
Public Building and Related            337127  Institutional Furniture
 Furniture.                                     Manufacturing.
Office and Store Fixtures,             337215  Showcase, Partition,
 Partitions, Shelving, and                      Shelving, and Locker
 Lockers, Except Wood.                          Manufacturing.
Furniture and Fixtures, Not            337127  Institutional Furniture
 Classified Elsehwere.                          Manufacturing.
Hardware, Not Classified Elsewhere     332951  Hardware Manufacturing.
Metal Stampings, Not Classified        332116  Metal Stamping.
 Elsewhere (Except Kitchen
 Utensils, Pots and Pans for
 Cooking, and Coins).
Wire Springs......................     332612  Wire Spring
                                                Manufacturing.
Fabricated Metal Products, Not         337215  Showcase, Partition,
 Classified Elsewhere.                          Shelving, and Locker
                                                Manufacturing.
Residential Electric Lighting          335121  Residential Electric
 Fixtures.                                      Lighting Fixture
                                                Manufacturing.
Commercial, Industrial, and            335122  Commercial, Industrial,
 Institutional Electric Lighting                and Institutional
 Fixtures.                                      Electric Lighting
                                                Fixture Manufacturing.
Laboratory Apparatus and Furniture     339111  Laboratory Furniture
                                                Manufacturing.
Dental Equipment and Supplies.....     339114  Dental Equipment
                                                Manufacturing.
Manufacturing Industries, Not          337127  Institutional Furniture
 Classified Elsewhere.                          Manufacturing.
Reupholstery and Furniture Repair.      81142  Reupholstery and
                                                Furniture Repair.
State/Federal Governmental          .........  State/Federal
 Agencies.                                      correctional
                                                institutions that apply
                                                coatings to metal
                                                furniture.
------------------------------------------------------------------------

    Docket. The EPA has established an official public docket for this 
action under Docket ID No. OAR-2002-0048 (formerly Docket No. A-97-40). 
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

[[Page 28607]]

official docket, the public docket does not include Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. The official public docket is the collection of 
materials that is available for public viewing at the EPA Docket 
Center, EPA West, Room B-102, 1301 Constitution Avenue, NW., 
Washington, DC 20460. The Docket Center 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 Docket is (202) 566-1742. A reasonable fee may be charged for 
copying docket materials.
    Electronic Access. You may access this Federal Register document 
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 identified above. Once in 
the system, select ``search,'' then key in the appropriate docket 
identification number.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of today's final rule will also be available on the 
WWW through EPA's Technology Transfer Network (TTN). Following 
signature by the EPA Administrator, a copy of the rule will be posted 
on the TTN's policy and guidance page for newly proposed or promulgated 
rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control. If more 
information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.
    Judicial Review. Under section 307(b) of the CAA, judicial review 
of the final rule is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
by July 22, 2003. Under section 307(d)(7)(B) of the CAA, only an 
objection to the rule which was raised with reasonable specificity 
during the period for public comment can be raised during judicial 
review. Moreover, 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.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. What Is the Source of Authority for Development of NESHAP?
    B. What Criteria Do We Use in the Development of NESHAP?
II. What Changes and Clarifications Have We Made to the Proposed 
Standards?
    A. Overlap With Other NESHAP Source Categories
    B. MACT Floors and Emission Limits
    C. Military Coatings
    D. Compliance During Periods of Startup, Shutdown, and 
Malfunction
    E. Monitoring
    F. Title V Operating Permits
    G. Other Changes and Clarifications
III. What Are the Final Standards?
    A. What Is the Source Category?
    B. What Is the Affected Source?
    C. What Are the Emission Standards?
    D. Interaction With Other Regulations
IV. When Do I Show Initial Compliance With the Rule?
V. What Testing and Monitoring Must I Do?
    A. Test Methods and Procedures
    B. Monitoring Requirements
VI. What Notification, Recordkeeping, and Reporting Requirements 
Must I Follow?
    A. Initial Notification
    B. Notification of Performance Tests
    C. Notification of Compliance Status
    D. Recordkeeping Requirements
    E. Semiannaul Reports
VII. What Are the Environmental, Energy, and Economic Impacts of the 
Rule?
    A. What Are the Air Impacts?
    B. What Are the Cost Impacts?
    C. What Are the Economic Impacts?
    D. What Are the Nonair Health, Environmental, and Energy 
Impacts?
VIII. 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
    J. Congressional Review Act

I. Background

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

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. The category 
of major sources covered by the final NESHAP was listed on July 16, 
1992 (57 FR 31576) under the Surface Coating Processes industry group. 
Major sources of HAP are those that emit or have the potential to emit 
considering controls, in the aggregate, 9.07 megagrams per year (Mg/yr) 
(10 tons per year (tpy)) or more of any HAP or 22.68 Mg/yr (25 tpy) or 
more of any combination of HAP.

B. What Criteria Do We Use in the Development of NESHAP?

    Section 112 of the CAA requires that we establish NESHAP for the 
control of HAP from both new and existing major sources. The CAA 
requires the NESHAP to reflect the maximum degree of reduction in 
emissions of HAP that is achievable. This level of control is commonly 
referred to as the MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that the emission limitation is set at a level that 
assures that all major sources achieve the level of control at least as 
stringent as that already achieved by the better-controlled and lower-
emitting sources in each source category or subcategory. For new 
sources, the MACT floor cannot be less stringent than the emission 
control that is achieved in practice by the best-controlled similar 
source. The MACT standards for existing sources can be less stringent 
than the 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 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 health and environmental impacts, and energy 
requirements.

II. What Changes and Clarifications Have We Made to the Proposed 
Standards?

    In response to public comments received on the proposed standards, 
we made several changes in developing the final rule. While some of the 
changes were designed to make our intentions clearer, other changes 
resulted in revisions to the MACT floors and emission limits. The 
substantive comments and our responses and rule

[[Page 28608]]

changes are summarized in the following sections. A more detailed 
summary of these comments as well as other comments received along with 
our responses can be found in the BID for the final rule which is 
available from several sources (see ADDRESSES).

A. Overlap with Other NESHAP Source Categories

    Two commenters requested that the final rule provide compliance 
flexibility for facilities that coat a variety of items in addition to 
metal furniture and metal furniture components. Such facilities may be 
affected by several surface coating NESHAP, such as the existing 
standards for wood furniture, the proposed standards for miscellaneous 
metal parts and products (67 FR 52780, August 13, 2002), and the 
proposed standards for plastic parts and products (67 FR 72276, 
December 4, 2002). The commenters sought a regulatory approach that 
would allow facilities to opt specific coating operations or product 
lines that are collocated with metal furniture surface coating 
operations out of the rule and into one of the other surface coating 
NESHAP.
    Another commenter believed that the proposed rule did not 
adequately address all the possible overlap issues between the metal 
furniture and wood furniture surface coating NESHAP, particularly when 
a furniture item consists of both metal and wood components.
    We understand that it could be beneficial to consolidate regulatory 
requirements at facilities where coating operations belonging to 
different source categories (such as metal furniture, miscellaneous 
metal parts and products, and plastic parts and products) are 
collocated. Consolidation may reduce the amount of records, reports, or 
compliance calculations that the facility would have to maintain. Some 
commenters suggested that the final rule include a compliance option 
that would allow this consolidation of different regulatory 
requirements within a facility. Section 112(d)(2) of the CAA states 
that all major sources within a regulated source category must meet the 
maximum degree of emission reduction that we determine to be 
achievable. We do not believe that the commenters' recommendation of 
allowing a facility to choose which coating operations to opt into, or 
out of, a particular NESHAP would ensure that the MACT level of control 
was met for all HAP emission points within each source category. 
Therefore, to comply with these CAA requirements, we have not included 
the compliance option suggested by the commenters in the final rule.
    We recognize that there is not always a clear dividing line between 
the affected sources of the surface coating rules. This is evident in 
the furniture manufacturing industry, where both metal and wood 
furniture may be produced in the same facility, and many pieces of 
furniture contain substantial portions of metal and wood. For those 
commenters concerned with lack of clarity between the applicability of 
the metal furniture rule and other surface coating rules, in particular 
the wood furniture surface coating rule (40 CFR part 63, subpart JJ), 
we are providing clarification through the following examples.
    Example 1. Coating operations at facilities currently subject to 
the wood furniture rule (40 CFR part 63, subpart JJ) would continue to 
be subject to that rule. This would be the case even if the items 
coated contained metal components, as long as the items meet the 
definition of wood furniture or wood furniture component in Sec.  
63.801(a) of 40 CFR part 63, subpart JJ.
    Example 2. Coating operations at facilities that coat metal 
furniture (as defined in Sec.  63.4881(a)(2) of the final rule) 
constructed either entirely or partially from metal (but not qualifying 
as wood furniture components under subpart JJ) would be subject to the 
metal furniture rule.
    Example 3. Facilities that coat only metal furniture components 
such as knobs, hinges, and screws (that is, components that are of a 
more generic nature and could have broader uses in products other than 
metal furniture) and provide these components exclusively to metal 
furniture manufacturing facilities would be subject to the metal 
furniture rule.
    Example 4. The applicability of the surface coating rules when the 
item coated is composed of both metal and wood components in 
approximately equivalent percentages will depend primarily on the 
functionality of the entire unit. A common example of such an item is a 
commercial shelving unit constructed of a metal base and wood backing. 
For reasons related to structural rigidity or overall stability, the 
functionality of this particular shelving unit depends more on the 
metal components than the wood components. The surface coating of this 
shelving unit would be regulated under the metal furniture rule. Thus, 
the surface coating of all components of this shelving unit, regardless 
of whether they are made of metal or wood, would be regulated under the 
metal furniture rule, so long as the facility is a metal furniture 
manufacturing facility. This would be true even if the metal furniture 
manufacturing facility dedicated a coating line exclusively to the 
coating of the wood components.
    Example 5. Coating operations such as those presented in Example 4 
may not involve items that can be readily classified according to 
functionality. For these situations, the applicability determination 
would be made on a case-by-case basis taking into account functionality 
and other relevant factors. These factors may include the primary North 
American Industrial Classification System (NAICS) code for the 
facility, amount of surface area coated for each type of substrate, and 
how the coating operations have been classified for other surface 
coating rules (such as new source performance standards (NSPS) and 
State rules).
    The examples we have provided here are necessarily simplistic in 
nature compared to many of the situations encountered in the metal 
furniture manufacturing industry and are intended only to provide 
guidance. Even so, the examples demonstrate the complex applicability 
issues related to this rule and why precisely defining applicability 
among the surface coating rules has proved to be a challenge. While we 
realize that many of the situations encountered in the metal furniture 
manufacturing industry can be far more complicated than presented here, 
discussion of these more complex situations is beyond the scope of this 
preamble. For these reasons, we intend to provide additional guidance 
documents in the future that will specifically address some of the more 
complex applicability issues. In order to address the specific concerns 
raised by the metal furniture industry, we are planning to involve all 
interested stakeholders in the development of these guidance documents. 
We will announce at a future date how stakeholders may become involved 
in this effort.

B. MACT Floors and Emission Limits

    The database we used to determine the MACT floors for new and 
existing sources consisted of 49 facilities that responded to our 
questionnaires. Of these 49 facilities, 22 provided complete data such 
that we could calculate an emission rate for all of the metal furniture 
surface coating operations in terms of kilograms (kg) organic HAP per 
liter coating solids used. Of the 27 remaining facilities, we believed 
we had enough data to estimate that, had all of the requested data been 
provided, their emission rates would have fallen within the range 
represented by the facilities for which we had complete data. 
Therefore, we based the existing source

[[Page 28609]]

MACT floor on the best performing 12 percent of 49 facilities rather 
than 12 percent of 22 facilities.
    One commenter stated that section 112(d)(3)(A) of the CAA requires 
us to use only those facilities ``for which the Administrator has 
emissions information.'' The commenter believed that this language 
limited us to considering only the 22 facilities, not the entire group 
of 49 facilities.
    In response to these comments, we reviewed the information that was 
submitted by the 27 facilities with incomplete data. We also attempted 
to obtain additional information from some of the facilities. As a 
result of these efforts, we could not confirm the accuracy of our 
original assumption that the emission rates for these 27 facilities 
would fall within the range represented by the facilities with complete 
data. As a result, we agree with the commenter that a more appropriate 
basis for the floor determination is the data set for the 22 facilities 
that submitted complete data. Using information from only those 
facilities, we recalculated the existing source MACT floor based on the 
average of the best performing 12 percent of 22 facilities. This 
calculation reduced the MACT floor from 0.12 kg organic HAP per liter 
(1.0 lb/gallon (gal)) coating solids used to 0.10 kg organic HAP per 
liter (0.83 lb/gal) coating solids. In the final rule, the existing 
source emission limit in Sec.  63.4890 corresponds to the new MACT 
floor value.
    Two commenters also questioned our rejection of above-the-floor 
options for existing sources. We continue to believe that rejecting 
above-the-floor options was appropriate for existing sources. However, 
during our analysis of these comments, we began to further consider how 
the state-of-the-art for new sources has changed since our initial data 
gathering efforts. We have always recognized that there are certain 
coating technologies that may emit no organic HAP (as calculated 
according to Sec.  63.4941(a)) such as powder coatings and liquid 
coatings that contain no organic HAP. The industry questionnaire 
responses that we reviewed in 1998 (representing 1997 data) showed that 
six facilities used powder coatings exclusively, and they were not used 
for the MACT floor calculations because they were true area sources. 
These powder coating facilities produced metal furniture items such as 
office chairs, dental chairs, commercial and residential lighting 
fixtures, and indoor and outdoor lighting fixtures. Of these six powder 
coating facilities, three had coating solids usages within the range 
represented by the facilities we used to determine the MACT floor (in 
other words, had these three facilities used conventional liquid 
coatings instead of powder coatings, we would expect them to be major 
sources of HAP emissions and they would have been included in the 
determination of the MACT floor). We believe these data demonstrate the 
industry's current ability to exclusively use powder coatings in many 
situations.
    Based on the 1998 questionnaire responses of the 22 facilities that 
provided complete data, information was provided for 188 individual 
liquid coatings. Eight of these coatings were reported as containing no 
organic HAP. In addition, another 48 individual coatings were reported 
as containing less than 1 percent by mass of organic HAP (typically as 
a small component of a solvent blend such as aromatic naphtha). We 
believe that this high percentage of non-HAP (or essentially non-HAP) 
coatings used by these 22 facilities indicates the coating suppliers' 
ability to produce and market non-HAP coatings and demonstrates that 
they are currently in use by the industry.
    Over the past 5 years since we sent questionnaires to the metal 
furniture manufacturing industry, non-HAP coating technologies have 
undergone continual development. The availability of powder coatings in 
a wide range of colors has increased, as has the ability to produce 
various surface finishes and control film thickness. Coating 
manufacturers have also made significant strides in formulating non-HAP 
coatings, driven in large part by the requirements of surface coating 
NESHAP for a wide variety of industries. In addition, we are aware of 
other coating technologies, such as electrocoating, that have the 
potential to emit no HAP. Although we are not currently aware of these 
coating technologies being used in the metal furniture industry, we 
believe they can be used in certain circumstances and represent viable 
alternatives for new sources.
    We believe the continual development of these non-HAP coating 
technologies over the past several years has allowed them to gain wider 
acceptance and use within the metal furniture surface coating industry, 
such that we now believe they represent in the aggregate the MACT floor 
for new sources. Considering that new sources have much greater 
latitude than existing sources to design manufacturing operations and 
the metal furniture items themselves to accommodate these coating 
technologies, new sources can more readily take advantage of these 
coating technologies. Accordingly, we have revised the new source MACT 
floor to be no emissions of organic HAP from metal furniture surface 
coating operations. The emission limit for new sources in Sec.  63.4890 
of the final rule reflects this new MACT floor determination.
    We also recognize that there may be specialized appearance or 
functional characteristics that can be produced only with coating 
technologies employing organic HAP, even for new sources. To 
accommodate these situations, we added a provision in the final rule 
that allows a new affected source to demonstrate on a case-by-case 
basis that organic HAP-free coating technologies cannot be used for 
their specific products. If we approve such a request, then the source 
would be required to meet an emission limit of 0.094 kg organic HAP per 
liter (0.78 lb/gal) coating solids used. This emission limit is the 
same as the emission limit originally proposed for new sources and 
would apply only to the specific products for which the determination 
was made, not all of the metal furniture surface coating operations at 
the new source.

C. Military Coatings

    One commenter expressed concern about metal furniture used in 
battlefield situations. Such furniture may be coated with chemical 
agent resistant coatings and other coatings unique to the military. The 
commenter believed that the emission limits developed for the metal 
furniture rule did not take into account the needs of the military to 
sustain metal furniture and other battlefield support equipment and 
requested that all such coatings be regulated under the proposed NESHAP 
for miscellaneous metal parts and products, once those standards become 
final. Upon further analysis, we agree that military coatings used for 
refurbishment of military equipment may be unique from those used to 
develop the emission limits as in the proposed metal furniture surface 
coating rule and require special consideration. However, because so 
many different products are involved (metal furniture, large 
appliances, wood furniture, miscellaneous metal parts, fabric coating, 
and plastic parts), we believe the more appropriate approach is to 
group all of the products coated with specialized military coatings 
into their own source category. Thus, we are creating a new source 
category for the surface coating of refurbished military equipment for 
this purpose. The final rule for metal furniture includes an exemption 
for military coatings (see Sec.  63.4881(c)(6) of the final rule) that 
will

[[Page 28610]]

be included in the newly created source category.

D. Compliance During Periods of Startup, Shutdown, and Malfunction

    One commenter believed that the statement in Sec.  63.4900(a)(2) of 
the proposed rule that affected sources do not have to comply with the 
emission limitations during periods of startup, shutdown, and 
malfunction does not comply with the CAA. This provision is often found 
in NESHAP in which compliance with the standards is based on the 
results of a short-term initial performance test and short-term 
averaging of continuous monitoring results thereafter. In consideration 
of this comment, we realized that this provision is not appropriate for 
the surface coating NESHAP when these short-term tests and monitoring 
results are only one component of a compliance determination that 
determines emissions over a long period of time, which in this case is 
a month. For the metal furniture surface coating NESHAP, the source 
owner or operator will use the performance test and continuous 
monitoring results in combination with data on coatings and other 
materials used over a month's period of time. These components will be 
combined to calculate a monthly organic HAP emission rate. Since there 
may be many startups and shutdowns of a coating operation over the 
course of a month as part of normal operation, it is not appropriate to 
exempt such periods from compliance with the standards. We believe that 
a month-long compliance period will accommodate potential short-term 
higher emission rates that might occur due to startup, shutdown, or 
malfunction, and that the proposed exemption is not necessary or 
appropriate. Thus, we revised and simplified the general compliance 
requirements in Sec.  63.4900; we removed the statement that sources 
must be in compliance except during periods of startup, shutdown, and 
malfunction. We state in Sec.  63.4900(a) of the final rule that all 
affected sources must be in compliance with the emission limitations in 
Sec.  63.4890 at all times. We left in place the requirement for 
sources using an emission capture system and add-on control device to 
develop and implement a written startup, shutdown, and malfunction plan 
according to Sec.  63.6(e)(3).

E. Monitoring

    One commenter believed we inappropriately used the terms 
``sensitivity'' and ``tolerance'' interchangeably in Sec.  63.4968 of 
the proposed rule (now Sec.  63.4967 in the final rule). We agree with 
the commenter and replaced both terms with the term ``accuracy.'' We 
also made numerous changes throughout this section to simplify 
monitoring requirements and maintain consistency with the monitoring 
requirements in other surface coating NESHAP under development.

F. Title V Operating Permits

    Several commenters had concerns about possible conflicts between 
reporting requirements under this rule and their approved title V 
programs. It is important to emphasize that a permitting authority does 
not have the authority to change the reporting requirements of this 
rule (such as type of report, content of report, and/or frequency of 
submission). Reporting requirements under this rule are applicable 
requirements, and sources must comply with them.
    The final rule, consistent with the proposed rule, does however 
allow an affected source to submit its semiannual compliance report 
along with, or as part of, its 6-month monitoring report required by 40 
CFR part 70 or 40 CFR part 71. See Sec.  63.4920(a)(1)(iv) and (a)(2) 
of the final rule. As a result of comments, Sec.  63.4920(a)(1)(iv) and 
(a)(2) of the final rule have been modified to clarify when monitoring 
reports are required by 40 CFR part 70 or 40 CFR part 71 (every 6 
months) and when a 6-month monitoring report must cross-reference a 
semiannual compliance report. Language was also added to Sec.  
63.4920(a)(1)(iv) of the final rule to ensure that a semiannual 
compliance report is submitted within a reasonable time (30 days) after 
the end of the semiannual reporting period.
    At the request of commenters, Sec. Sec.  63.4910(c)(2) and 
63.4920(a)(3)(ii) of the final rule have been revised to ensure that 
certifications of truth, accuracy, and completeness for the 
notifications of compliance status and semiannual compliance reports 
under this rule are consistent with the certification requirements 
under 40 CFR part 70 or 40 CFR part 71. Additionally, ``of the 
content'' was deleted from both of these paragraphs as a responsible 
official needs to certify that the entire submittal is complete, not 
just the content of the report.
    It is also important to correct in this final preamble a statement 
made in subsection B of Section II of the preamble to the proposed rule 
(67 FR 20206, 20208). In this subsection--``What is the relationship to 
other rules?''--the following is stated: ``Overlapping reporting, 
recordkeeping, and monitoring requirements may be resolved through the 
title V permit process.'' This statement is overly broad as 40 CFR part 
70 and 40 CFR part 71 only address situations where more than one 
monitoring (including recordkeeping designed to serve as monitoring) or 
testing requirement applies. Specifically, 40 CFR 70.6(a)(3)(i)(A) and 
40 CFR 71.6(a)(3)(i)(A) state in part that ``If more than one 
monitoring or testing requirement applies, the permit may specify a 
streamlined set of monitoring or testing provisions provided the 
specified monitoring or testing is adequate to assure compliance at 
least to the same extent as the monitoring or testing applicable 
requirements that are not included in the permit as a result of such 
streamlining; * * *.'' There are no provisions in 40 CFR part 70 or 40 
CFR part 71, however, which allow for the streamlining of overlapping 
recordkeeping or reporting requirements, unless the recordkeeping is 
designed to serve as monitoring as described in 40 CFR 70.6(a)(3)(i)(B) 
or 40 CFR 71.6(a)(3)(i)(B).

G. Other Changes and Clarifications

    In addition to the changes described above, we note several areas 
of the proposed rule that warrant rewriting for the final rule, even 
though commenters did not object to them. They are necessary so that 
the provisions properly reflect our intent and are consistent with 
other surface coating NESHAP under development.
    The proposed rule allowed the volume fraction of coating solids to 
be determined by means of a test method or from information provided by 
the supplier or manufacturer. We realize that there may be certain 
situations where neither of these options is adequate and added a 
calculation at Sec.  63.4941(b)(3) for volume fraction of coating 
solids when the mass fraction and average density of the volatile 
components of the coating are known.
    Section 63.4962 of the proposed rule contained detailed procedures 
for determining compliance when a source operates under different sets 
of representative operating conditions. Upon further review of this 
section, we believe this option is overly complicated and would be 
difficult to implement in actual practice. Rather than including these 
detailed compliance procedures in the final rule, we decided on a 
general statement allowing such a compliance demonstration if you 
believe a workable and enforceable procedure can be maintained to 
demonstrate compliance under different sets of representative operating 
conditions (see Sec.  63.4891(d)(2)

[[Page 28611]]

of the final rule). You would be required to develop your own detailed 
compliance procedure tailored to your specific situation and submit the 
procedure to the Administrator for approval. We also took this action 
to maintain consistency with other surface coating NESHAP under 
development that do not contain this option.
    We added an alternative to Method 3B at Sec.  63.4965(a)(3) of the 
final rule. This alternative test method, ANSI/ASME PTC 19.10-1981, 
Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], was 
inadvertently omitted from the proposed rule. We also added Sec.  
63.4966(g) to provide guidance for monitoring when a bioreactor system 
is used as an add-on control device to comply with the emission limits.
    In addition to the actions described above, we have clarified our 
intent to promote consistency with other surface coating NESHAP 
currently under development.

III. What Are the Final Standards?

A. What Is the Source Category?

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

B. What Is the Affected Source?

    We define an affected source as a stationary source, group of 
stationary sources, or part of a stationary source to which specific 
NESHAP apply. Within a source category, we select the specific emission 
sources (emission points or groupings of emission points) that will 
make up the affected source for that category. To select these emission 
sources, we mainly consider the constituent HAP and quantity emitted 
from individual or groups of emission points.
    For the metal furniture surface coating NESHAP, the affected source 
is the collection of all operations associated with the surface coating 
of metal furniture or components of metal furniture that are performed 
at a contiguous area under common control. These operations include 
preparation of a coating for application (for example, mixing with 
thinners); surface preparation of the metal furniture or component; 
coating application and flash-off; drying and/or curing of applied 
coatings; cleaning of equipment used in surface coating; storage of 
coatings, thinners, and cleaning materials; and handling and conveyance 
of waste materials from the surface coating operations. Coatings 
include such materials as adhesives and protective or decorative 
coatings.

C. What Are the Emission Standards?

    We are promulgating standards that limit HAP emissions from the 
surface coating of metal furniture. The standards include emission 
limits and operating limits. The emission limits are different for new 
and existing sources and have changed since proposal.
    Emission limits. We are limiting each new and reconstructed 
affected source to no organic HAP emissions. The limit for each 
existing affected source is 0.10 kg organic HAP/liter (0.83 lb/gal) 
coating solids used. These limits apply to the total of all coatings, 
thinners, and cleaning materials used in coating operations at the 
affected source.
    There are three compliance options available for meeting the 
emission limits. The compliant material option requires that each 
coating used in the coating operation meet the limit, and each thinner 
and cleaning material must contain no organic HAP. Under the emission 
rate without add-on controls option, you may average all of the 
coatings, thinners, and cleaning materials used together and 
demonstrate that the overall emission rate is in compliance with the 
applicable limit. The emission rate with add-on controls option applies 
to coating operations for which add-on controls are used to meet the 
limit. Under this option, you must meet certain operating limits for 
the capture systems and control devices and follow a work practice plan 
for your material storage, mixing, conveying, and spills.
    Operating limits. If you reduce emissions by using a capture system 
and add-on control device (other than a solvent recovery system for 
which you conduct a monthly liquid-liquid material balance), the rule's 
operating limits would apply to you. These limits are site-specific 
parameter limits you determine during the initial performance test of 
the system. For capture systems, you would establish average volumetric 
flow rate limits for each capture device (or enclosure) in each capture 
system. You would also establish limits on average pressure drop across 
openings in the capture system.
    For thermal and catalytic oxidizers, you would monitor temperature. 
For solvent recovery systems for which you do not conduct a monthly 
liquid-liquid material balance, you would monitor the carbon bed 
temperature and the amount of steam or nitrogen used to desorb the bed. 
For condensers, you would monitor the temperature of the outlet gas 
temperature from the condenser.
    All operating limits must reflect operation of the capture system 
and control devices during a performance test that demonstrates 
achievement of the emission limit during representative operating 
conditions.
    General Provisions. The General Provisions (40 CFR part 63, subpart 
A) also apply to you as outlined in Table 2 of the final rule. The 
General Provisions codify certain procedures and criteria for all 40 
CFR part 63 NESHAP. The General Provisions contain administrative 
procedures, preconstruction review procedures for new sources, and 
procedures for conducting compliance-related activities such as 
notifications, reporting, and recordkeeping, performance testing, and 
monitoring. The rule refers to individual sections of the General 
Provisions to emphasize key sections that you should be aware of. 
However, unless specifically overridden in the rule, all of the 
applicable General Provisions requirements apply to you.

D. Interaction With Other Regulations

    Affected sources subject to the rule may also be subject to other 
rules. The relationship between this rule and other rules is discussed 
below.
    New source performance standards--40 CFR part 60, subpart EE. The 
metal furniture NSPS apply to facilities that apply organic coatings to 
metal furniture and that began construction, reconstruction, or 
modification after November 28, 1980. The pollutants

[[Page 28612]]

regulated are volatile organic compounds (VOC). Emissions of VOC are 
limited to 0.09 kg per liter of coating solids applied, and the 
affected source is each individual coating operation.
    The rule differs from the NSPS in three ways. First, the affected 
source for the rule is defined broadly as the collection of all coating 
operations and related activities and equipment at the facility, 
whereas the affected facility for the NSPS is defined narrowly as each 
individual coating operation. The broader definition of affected source 
allows a facility's emissions to be combined for compliance purposes. 
Second, the NESHAP regulate organic HAP. While most organic HAP emitted 
from metal furniture surface coating operations are VOC, some VOC are 
not listed as HAP and, therefore, the NSPS regulate a broader range of 
pollutants than would the NESHAP. Third, the emission limitations in 
the NESHAP would be based on the amount of solids used at the affected 
source. The NSPS limitations are based on the amount of solids actually 
applied to the metal furniture which necessitates estimates of transfer 
efficiency in the compliance calculations.
    Because of the differences between the NESHAP and the NSPS, 
compliance with either one cannot be deemed compliance with the other. 
A metal furniture surface coating facility that meets the applicability 
requirements of both rules must comply with both.
    National emission standards for wood furniture manufacturing 
operations--40 CFR part 63, subpart JJ. There may be situations where a 
manufacturer of wood furniture also coats metal components of that wood 
furniture. Coating lines that are currently subject to subpart JJ will 
remain subject to only that rule so long as they continue to coat 
products that meet the definition of ``wood furniture'' or ``wood 
furniture component'' in Sec.  63.801. This will be the case even if 
there are metal parts on the wood furniture or wood furniture 
components when they are coated.
    Future national emission standards for the surface coating of 
miscellaneous metal parts. Metal furniture often contains components, 
such as metal knobs, hinges, and screws, that have a wider use beyond 
metal furniture. As stated previously, the coating of such parts would 
be subject to the metal furniture rule if the coating takes place at a 
facility that is coating metal furniture, or a facility whose entire 
production is dedicated to coating parts to be used exclusively in, or 
on, metal furniture. If the coating of such parts takes place at a 
facility that coats these parts for multiple types of products (e.g., 
not exclusively metal furniture), the coating operations would be 
subject to the proposed NESHAP for the surface coating of miscellaneous 
metal parts and products (August 13, 2002, 67 FR 52780).
    Future national emission standards for the surface coating of 
plastic parts and products. Plastic parts and products may be 
components (e.g., plastic handles) of metal furniture. The coating of 
such plastic parts would be subject to the metal furniture rule if the 
coating takes place at a metal furniture surface coating facility; or 
if it takes place at a facility whose entire production is dedicated to 
coating plastic parts for metal furniture. If the coating takes place 
at a facility that coats these plastic parts for multiple types of 
products (e.g., not exclusively metal furniture), the coating 
operations would be subject to the proposed NESHAP for the surface 
coating of plastic parts and products (December 4, 2002, 67 FR 72276).

IV. When Do I Show Initial Compliance With the Rule?

    Existing affected sources must comply with the rule no later than 3 
years after May 23, 2003. The effective date is May 23, 2003. New or 
reconstructed affected sources must comply upon start-up or May 23, 
2003, whichever is later. Details of the compliance requirements can be 
found in the General Provisions, as outlined in Table 2 of today's 
rule.
    Before your initial compliance demonstration, you must choose which 
of the several compliance options you will use for your affected 
source. In your initial compliance certification, you must notify the 
Administrator of your choice and after that, you must monitor and 
report compliance results accordingly. If you decide to change to other 
emission limit options, you are also required to notify the 
Administrator, as with other changes at the facility, as discussed 
later in this preamble.

V. What Testing and Monitoring Must I Do?

    In addition to the specific testing and monitoring requirements 
specified below for the affected source, the rule adopts the testing 
requirements specified in 40 CFR 63.7.

A. Test Methods and Procedures

    Emission limit(s). There are several options for complying with the 
emission limit(s), and the testing and initial compliance requirements 
vary accordingly.
    If you demonstrate compliance based on the materials used in the 
affected source, you must determine the mass of organic HAP and the 
volume of solids in all materials used during the initial compliance 
period.
    To determine the mass of organic HAP in coatings, thinners, and 
cleaning materials and the volume coating solids, you could either rely 
on manufacturer's data or on results from the test methods listed 
below. Under Sec.  63.4941 of the rule, you would be required to 
determine the mass of organic HAP in coatings, thinners, and cleaning 
materials used. To do this, you must count HAP that are present at 1 
percent by mass or more if they are not carcinogens identified by the 
Occupational Safety and Health Administration (OSHA) at 29 CFR 
1910.1200(d)(4), and count HAP that are present at 0.1 percent by mass 
or more if they are OSHA-identified carcinogens. Coating and solvent 
manufacturers are accustomed to providing a breakdown of material 
components according to this distinction and routinely report the 
values on Material Safety Data Sheets for the materials, as required by 
OSHA. We could have selected some other way to count HAP components of 
materials but concluded that allowing this long-standing approach to be 
used for compliance with the rule would provide the information needed 
for compliance assurance and would not impose any additional burden on 
the industry.
    You may use alternative test methods provided you get EPA approval 
in accordance with the NESHAP General Provisions, Sec.  63.7(f). If 
there is any inconsistency between the test method results (either 
EPA's or an approved alternative) and manufacturer's data, the test 
method results would prevail for compliance and enforcement purposes.
    [sbull] For organic HAP content, use Method 311 of 40 CFR part 63, 
appendix A;
    [sbull] The rule allows you to use nonaqueous volatile matter as a 
surrogate for organic HAP, which would include all organic HAP plus all 
other organic compounds. If you choose this option, then use Method 24 
of 40 CFR part 60, appendix A; and
    [sbull] For volume fraction of coating solids, use either 
manufacturer's data or ASTM Method D2697-86 (1998), Standard Test 
Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, or 
ASTM Method D6093-97, Standard Test Method for Percent Volume 
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas 
Pycnometer. If you are not able to use these procedures, then you may 
calculate the volume fraction of coating solids based on the density 
and mass fraction of the volatile components.

[[Page 28613]]

    To demonstrate initial compliance based on the materials used, you 
are required to either ensure that the organic HAP content of each 
coating meets the emission limit and that you use no organic HAP-
containing thinners or cleaning materials; or ensure that the total 
mass of organic HAP in all coatings, thinners, and cleaning materials 
divided by the total volume of coating solids meets the emission limit. 
For the latter option, you are required to:
    [sbull] For the initial compliance period, determine the quantity 
of each coating, thinner, and cleaning material used in the affected 
source.
    [sbull] Determine the mass of organic HAP in each coating, thinner, 
and cleaning material.
    [sbull] Determine the volume fraction coating solids for each 
coating.
    [sbull] Calculate the total mass of organic HAP for materials and 
total volume of coating solids used in the affected source for the 
compliance period. You may subtract from the total mass of organic HAP 
the amount of organic HAP contained in waste materials you send, during 
that compliance period, to a hazardous waste treatment, storage, and 
disposal facility regulated under 40 CFR part 262, 264, 265, or 266. 
The calculation equation (Equation 1 in Sec.  63.4951) adds together 
all the organic HAP in the coatings, thinners, and cleaning materials 
and allows you to subtract organic HAP in waste materials as indicated 
above. The calculated mass of organic HAP is, therefore, not based on 
actual measurement of emissions to the atmosphere but rather assumes 
that all organic HAP used (less those in waste materials as 
appropriate) are emitted. This means of determining organic HAP 
emissions for compliance is consistent with the means by which we 
calculated emission rates from industry data on which the emission 
limits are based. We believe that Equation 1 in Sec.  63.4951 is a 
simple mass-balance relationship which adequately quantifies the 
organic HAP emissions without imposing an excessive burden on 
respondents.
    [sbull] Calculate the ratio of the total mass of organic HAP for 
the materials used to the total volume of coating solids used.
    [sbull] Record the calculations and results and include them in 
your notification of compliance status.
    If you use a capture system and control device other than a solvent 
recovery system for which you conduct a monthly liquid-liquid material 
balance, you must:
    [sbull] Conduct an initial performance test to determine the 
capture and control efficiencies of the equipment (described below) and 
to establish operating limits to be achieved on a continuous basis 
(also described below). The performance test must be completed no later 
than the compliance date for existing sources and 180 days after the 
compliance date for new and reconstructed sources (Sec.  63.4960). You 
must schedule it in time to obtain the results for use in completing 
your compliance determination for the initial compliance period.
    [sbull] Determine the mass of organic HAP in each material and the 
volume fraction coating solids for each coating used during the initial 
compliance period.
    [sbull] Calculate the organic HAP emissions from all the controlled 
coating operations using the capture and control efficiencies 
determined during the performance test and the total mass of organic 
HAP in materials used in controlled coating operations.
    [sbull] Calculate the total mass of organic HAP emissions from 
uncontrolled coating operations.
    [sbull] Calculate the ratio of the total mass of HAP emissions from 
both controlled and uncontrolled coating operations to the total volume 
of coating solids used during the initial compliance period.
    [sbull] Record the calculations and results and include them in 
your Notification of Compliance Status.
    The capture and control efficiency for a capture and control system 
other than a solvent recovery system for which you conduct monthly 
liquid-liquid material balances must be demonstrated based on emission 
capture and reduction efficiency. To determine the capture efficiency, 
you must either verify the presence of a permanent total enclosure 
(PTE) using EPA Method 204 of 40 CFR part 51, appendix M, (all 
materials must be applied and dried within the enclosure) or use one of 
three protocols in Sec.  63.4964 to measure capture efficiency. If you 
have a PTE and all materials are applied and dried within the enclosure 
and you route all exhaust gases from the enclosure to a control device, 
then you would assume 100 percent capture.
    To determine the emission reduction efficiency of the control 
device, you must conduct measurements of the inlet and outlet gas 
streams. The test must consist of three runs, each run lasting 1 hour, 
using the following EPA Methods in 40 CFR part 60, appendix A:
    [sbull] Method 1 or 1A for selection of the sampling sites.
    [sbull] Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate.
    [sbull] Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight. As an alternative to Method 3B, you may use ANSI/ASME 
PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and 
Analyses].
    [sbull] Method 4 to determine stack moisture.
    [sbull] Method 25 or 25A to determine organic volatile matter 
concentration. In lieu of Method 25 or 25A, you may use Method 18 if 
you know the HAP constituents in the inlet and outlet gas streams and 
you quantify at least 90 percent of the organic compounds in the gas 
stream. Alternatively, any other test method or data that have been 
validated according to the applicable procedures in Method 301 of 40 
CFR part 63, appendix A, and approved by the Administrator, could be 
used.
    If you use a solvent recovery system and wish to calculate the mass 
of organic HAP emission reduction, you could determine the overall 
control efficiency using a liquid-liquid material balance instead of 
conducting an initial performance test. If you use the material balance 
alternative, you must measure the amount of all materials used in the 
affected source during the initial compliance period and determine the 
total mass of volatile matter contained in these materials. You must 
also measure the amount of volatile matter recovered by the solvent 
recovery system during the compliance period. Then you must compare the 
amount recovered to the amount used to determine the overall control 
efficiency, and apply this efficiency to the total amount of organic 
HAP for the materials used. You must record the calculations and 
results and include them in your Notification of Compliance Status when 
you present your calculations of the organic HAP emission rate.
    Operating limits. In accordance with section 114(a) of the CAA, the 
operating limits would require the use of continuous parameter 
monitoring systems (CPMS) to ensure that sources are in compliance. The 
monitoring must be capable of detecting deviations with sufficient 
representativeness, accuracy, precision, reliability, frequency, and 
timeliness to determine if compliance is continuous during a reporting 
period.
    As mentioned above, you must establish operating limits as part of 
the initial performance test of a capture system and control device, 
other than a solvent recovery system for which you conduct liquid-
liquid material balances. The operating limits are the minimum or 
maximum (as applicable) values achieved for capture systems and control 
devices during the most recent performance test that demonstrated 
compliance with the emission limit.

[[Page 28614]]

B. Monitoring Requirements

    According to paragraph (a)(3) of section 114 of the CAA, monitoring 
of stationary sources is required to determine the compliance status of 
the sources, and whether compliance is continuous or intermittent. For 
affected sources complying with the standards by using capture and 
control systems, initial compliance is determined through an initial 
performance test and ongoing compliance through continuous monitoring. 
We specify the operating parameters that need to be monitored for 
certain control devices used in the metal furniture surface coating 
industry. You must set the values of these parameters, which 
demonstrate compliance with the standards, during your initial 
performance test. These values are your operating limits. If future 
monitoring shows that capture and control equipment is operating 
outside the range of values established during the initial performance 
test, then you are deviating from the operating limits.
    The rule specifies the parameters to monitor for the types of 
emission control systems commonly used in the industry. You are 
required to install, calibrate, maintain, and continuously operate all 
monitoring equipment according to manufacturer's specifications and 
ensure that the CPMS meet the requirements in Sec.  63.4967 of the 
rule. If you use control devices other than those identified in the 
rule, you must submit the operating parameters to be monitored to the 
Administrator for approval. The authority to approve the parameters to 
be monitored is retained by EPA and is not delegated to States.
    If you use a thermal or catalytic oxidizer, you must continuously 
monitor temperature and record it at least every 15 minutes. For 
thermal oxidizers, the temperature monitor is placed in the firebox or 
in the duct immediately downstream of the firebox before any 
substantial heat exchange occurs. The operating limit is the average 
temperature measured during the performance test, and during each 3-
hour period the average temperature must be at or above this limit. For 
catalytic oxidizers, temperature monitors are placed immediately before 
and after the catalyst bed. The operating limits are the average 
combustion temperature just before the catalyst bed and the average 
temperature difference across the catalyst bed during the performance 
test, and for each 3-hour period the average combustion temperature and 
the average temperature difference must be at or above these limits. As 
an alternative for catalytic oxidizers, you may establish the 
temperature just before the catalyst bed as an operating parameter as 
described above and also develop and implement a site-specific 
inspection and maintenance plan for the oxidizer.
    If you use a solvent recovery system, and do not conduct liquid-
liquid material balances to demonstrate compliance, then you must 
monitor the carbon bed temperature after each regeneration and the 
total amount of steam or nitrogen used to desorb the bed for each 
regeneration. The operating limits are the minimum carbon bed 
temperature after the cooling cycle and the minimum amount of steam or 
nitrogen used for desorption.
    If you use a condenser, you must monitor the outlet gas temperature 
to ensure that the air stream is being cooled to a low enough 
temperature. The operating limit is the average condenser outlet gas 
temperature measured during the performance test, and for each 3-hour 
period the average temperature must be at or below this limit.
    For each capture system, you must establish operating limits for 
gas volumetric flow rate and pressure drop across an opening in each 
enclosure or capture device. The operating limits are the average 
volumetric flow rate and average pressure drop across the opening 
during the performance test, to be met as a minimum.

VI. What Notification, Recordkeeping, and Reporting Requirements Must I 
Follow?

    The rule requires you to comply with notification, recordkeeping, 
and reporting requirements, generally as described in the General 
Provisions (see Table 2 of the rule) and specifically as designed to 
support demonstration of compliance with the rule. We believe that 
these requirements are necessary and sufficient to ensure that you 
comply with the requirements in the rule.

A. Initial Notification

    If the rule applies to you, you must send an initial notification 
to the EPA Regional Office in the region where your facility is located 
and to your State agency. If you have an existing affected source, you 
must submit the initial notification no later than 1 year before the 
compliance date, which is May 23, 2006. If you have a new or 
reconstructed affected source, you must submit the notification no 
later than 120 days after either the date of initial start-up or May 
23, 2006, whichever is later.
    The initial notification notifies us and your State agency that you 
have an existing affected source that is subject to the standards or 
that you have constructed a new affected source. Thus, it allows you 
and the Federal or State enforcement agency to plan for compliance 
activities. The General Provisions specify the information you must 
include in the initial notification and other reporting requirements 
for both existing affected sources and new or reconstructed affected 
sources.

B. Notification of Performance Tests

    If the rule applies to you, you have several options for 
demonstrating compliance. If you demonstrate compliance by using a 
capture and control system for which you do not conduct a monthly 
liquid-liquid material balance, you must conduct a performance test as 
described in the rule. Prior to conducting the performance test, you 
must notify us or the delegated State or local agency at least 60 
calendar days before the performance test is scheduled to begin, as 
indicated in the General Provisions.

C. Notification of Compliance Status

    Your compliance procedures depend on which compliance option you 
choose. For each compliance option, you must send us a Notification of 
Compliance Status within 30 days after the end of the initial 
compliance period. In the notification, you must certify whether the 
affected source has complied with the standards, identify the option 
you used to demonstrate initial compliance, summarize the data and 
calculations supporting the compliance demonstration, and describe how 
you will determine continuous compliance.
    If you elect to comply by using a capture system and control device 
for which you conduct performance tests, you must provide the results 
of the tests. Your notification must also include the measured range of 
each monitored parameter and the operating limits established during 
the performance test, and information showing whether the source has 
achieved its operating limits during the initial compliance period.

D. Recordkeeping Requirements

    You are required to keep records of reported information and all 
other information necessary to document compliance with the rule for 5 
years. As required under Sec.  63.10(b)(1) of the General Provisions, 
records for the 2 most recent years must be kept on-site; the other 3 
years' records may be kept off-site. Records pertaining to the design 
and manufacturer's specifications for the operation of the add-on 
control equipment must be kept on-site for the life of the equipment. 
We corrected this

[[Page 28615]]

oversight in the final rule. See Sec.  63.4930(b) and Sec.  63.4931(c).
    Depending on the compliance option that you choose, you could need 
to keep records of the following:
    [sbull] Organic HAP content, volatile matter content, coating 
solids content, and quantity of the coatings, thinners, and cleaning 
materials used during each compliance period;
    [sbull] All documentation supporting initial notifications and 
notifications of compliance status.
    If you demonstrate compliance by using a capture system and control 
device, you must keep records of the following:
    [sbull] The occurrence and duration of each startup, shutdown, or 
malfunction of the emission capture system and control device;
    [sbull] All maintenance performed on the capture system and control 
device;
    [sbull] Actions taken during startup, shutdown, and malfunction 
that are different from the procedures specified in the affected 
source's startup, shutdown, and malfunction plan (SSMP);
    [sbull] All information necessary to demonstrate conformance with 
the affected source's SSMP when the plan procedures are followed;
    [sbull] All information necessary to demonstrate conformance with 
the affected source's plan for minimizing emissions from mixing, 
storage, and waste handling operations;
    [sbull] Each period during which a CPMS is malfunctioning or 
inoperative (including out-of-control periods);
    [sbull] All required measurements needed to demonstrate compliance 
with the standards; and
    [sbull] All results of performance tests.
    The rule requires you to collect and keep records according to 
certain minimum data requirements for the CPMS. Failure to collect and 
keep the specified minimum data is a deviation that is separate from 
any emission limit, operating limit, or work practice standard. A 
complete definition of what constitutes a deviation is provided in 
Sec.  63.4981 of the final rule.
    If you use a capture system and control device to reduce HAP 
emissions, you must make your SSMP available for inspection if the 
Administrator requests to see it. The plan must stay in your records 
for the life of the affected source or until the source is no longer 
subject to the standards. If you revise the plan, you must keep the 
previous superceded versions on record for 5 years following the 
revision.

E. Semiannual Reports

    Each reporting year is divided into two semiannual reporting 
periods. You must submit a semiannual report after the end of each 
semiannual period. If no deviations occur during a semiannual reporting 
period, your semiannual compliance report must state that the affected 
source has been in compliance. A deviation, as defined in Sec.  63.4891 
of the final rule, is any instance in which you fail to meet any 
requirement or obligation of the standards or any term or condition 
adopted to meet the standards. The following information is required in 
semiannual compliance reports when deviations occur:
    [sbull] If you are complying by using capture systems and add-on 
control devices, report all deviations from the operating parameter 
values established for the capture system and the control device 
operating parameters.
    [sbull] If you are complying by using solvent recovery systems and 
liquid-liquid material balances, report material balance calculations 
for all months when the material balance deviated from the emission 
limit.
    [sbull] If you are complying by using low-HAP coating materials, 
report all deviations from the emission limit.
    [sbull] If you are complying by using a combination of capture and 
control systems with low-HAP coating materials, report all deviations 
from the emission limit and all deviations from operating parameters 
described above.
    If any of the following events occur, you must report that event in 
the next semiannual report following the event:
    [sbull] A change occurs at your facility or within your process 
that might affect its compliance status.
    [sbull] A change from what was reported in the initial notice 
occurs at your facility or within your process.
    [sbull] You decide to change to another emission limitation option.
    [sbull] You had a startup, shutdown, or malfunction of an emission 
control device during the semiannual period and the actions taken were 
consistent with your SSMP.

VII. What Are the Environmental, Energy, and Economic Impacts of the 
Rule?

    We developed model plants to aid in the estimation of the impacts 
the MACT floor level of control would have on the metal furniture 
industry. Three model plants distinguished by size, as measured by the 
total volume of coating solids used, were developed. We then estimated 
impacts for each model plant and scaled these individual impacts to 
nationwide levels based on the number of facilities corresponding to 
each model plant size. We used the model plant approach because we did 
not have adequate data to determine impacts for each actual facility.
    A variety of compliance methods are available to the industry to 
meet the standards. We analyzed the information obtained from the 
industry questionnaire responses, industry site visits, trade groups, 
and industry representatives to determine which compliance methods 
would most likely be used by existing and new sources. We expect that 
the most widely used method would be low-HAP content liquid coatings 
(coatings with HAP contents at or below the emission limits) and lower-
HAP cleaning materials. Powder coatings and add-on capture and control 
systems would likely be used to a lesser extent. Various combinations 
of these methods may be used. For the purpose of assessing impacts, we 
assumed that all existing sources would convert to lower-HAP content 
liquid coatings, thinners, and cleaning materials.
    We first estimated the impacts of the emission limits on the three 
model plants. To scale up the model plant impacts to nationwide levels, 
we multiplied the individual model plant impacts by the estimated 
number of major sources in the United States corresponding to each 
model plant size. We used United States Census Bureau data as the basis 
for this estimate, which was a total of 655 facilities. For more 
information on how impacts were estimated, see Chapters 7 and 8 of the 
BID to the proposed standards, EPA-453/R-01-010, October 2001.

A. What Are the Air Impacts?

    For existing major sources, we estimated that compliance with the 
emission limits would result in a reduction of nationwide organic HAP 
emissions of 14,800 Mg/yr (16,300 tpy). This represents a reduction of 
approximately 73 percent from the baseline organic HAP emissions of 
20,300 Mg/yr (22,308 tpy).
    We anticipate that all new sources will take steps to reduce their 
actual and potential HAP emissions to below the major source threshold 
and avoid becoming subject to the NESHAP. Therefore, we are not 
attributing any HAP emission reduction for new sources to the rule.

B. What Are the Cost Impacts?

    An affected source may incur three types of costs to comply with 
the standards: Capital, direct, and indirect. Capital costs represent 
the one-time purchase of equipment. We have included coatings, 
thinners, and cleaning materials as direct costs incurred on a 
continuing basis for

[[Page 28616]]

materials consumed in the manufacturing process. The cost of utilities, 
where applicable, is also included in the direct costs. Indirect costs 
typically include overhead, taxes, insurance, and administrative costs, 
as well as capital recovery costs.
    Existing sources. To comply with the emission limits, we estimated 
that existing facilities would likely use reformulated coatings, 
thinners, and cleaning materials. No capital costs have been attributed 
to these compliance methods. We estimated full costs for 517 of the 
estimated 655 metal furniture surface coating facilities. Of the 
remaining 138 facilities, approximately 59 facilities would have only 
recordkeeping and reporting costs because these facilities would 
already be in compliance with the standards (based on questionnaire 
responses). We estimated that 79 facilities would achieve area source 
status before the compliance date of the final standards and will not 
incur compliance costs directly attributable to the rule.
    We estimated no incremental costs associated with the use of lower-
HAP coatings and thinners. Only the incremental cost of organic HAP-
free cleaning materials over organic HAP cleaning materials was 
counted. The average annual cost for each facility incurring full costs 
is approximately $26,000. This value includes monitoring, 
recordkeeping, and reporting costs.
    We estimated total nationwide annual costs in the 5th year to 
comply with the emission limits to be $14.8 million for existing 
sources. These costs include $4.66 million direct costs associated with 
material usage and $10.1 million for recordkeeping and reporting.
    New sources. As previously stated in this preamble, we anticipate 
that all new sources will reduce potential HAP emissions to less than 
the major source threshold. All of these new sources will be areas 
sources not subject to the rule and will incur no costs directly 
attributable to the rule.

C. What Are the Economic Impacts?

    We performed an economic impact analysis (EIA) to provide an 
estimate of the facility and market impacts of the standards as well as 
its social costs. In general, we expect the economic impacts of the 
standards to be minimal, with price increases and production decreases 
of less than 0.1 percent. Given the negligible market impacts of this 
rule, the social costs are expected to be roughly the same as the 
estimated engineering compliance costs of $14.8 million for existing 
sources.
    For affected facilities, the distribution of costs is slanted 
toward the lower impact levels with many facilities incurring only 
those related to recordkeeping and reporting. The EIA indicates that 
these regulatory costs are expected to represent only 0.1 percent of 
the value of product shipments, which should not cause producers to 
cease or alter their current operations. Hence, no firms or facilities 
are expected to become at risk of closure because of the standards. 
International trade impacts would only occur for the metal household 
furniture segment of the industry, but the small price increase (that 
is, 0.04 percent) on this segment indicates negligible impacts, if any. 
Based on the projected characteristics and costs for new sources, we do 
not expect any differential impacts on these sources. For more 
information, refer to the ``Economic Impact Analysis of the Proposed 
NESHAP: Surface Coating of Metal Furniture'' (Docket ID No OAR-2002-
0048, formerly Docket No. A-97-40).

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

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

VIII. Statutory and Executive Order Reviews

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and 
therefore subject to 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 this 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 rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq. An Information Collection Request (ICR) document 
has been prepared by EPA (ICR No. 1952.02) and a copy may be obtained 
from Susan Auby by mail at the Collection Strategies Division (2822T), 
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 off the Internet at http://www.epa.gov/icr. The 
information requirements are not effective until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to Agency policies set 
forth in 40 CFR part 2, subpart B.
    The rule would require maintaining records of all coatings, 
thinners, and cleaning materials data and calculations used to 
determine compliance. This information includes the volume used during 
each monthly compliance period, mass fraction organic HAP, density, 
and, for coatings only, volume fraction solids.
    If an add-on control device is used, records must be kept of the 
capture efficiency of the capture system,

[[Page 28617]]

destruction or removal efficiency of the add-on control device, and the 
monitored operating parameters. In addition, records must be kept of 
each calculation of the affected sourcewide emissions for each monthly 
compliance period and all data, calculations, test results, and other 
supporting information used to determine this value.
    The monitoring, recordkeeping, and reporting burden in the 5th year 
after the effective date of the promulgated rule is estimated to be 
approximately 159,000 labor hours at a cost of approximately $10 
million for existing sources. We estimate that no cost will be incurred 
by new sources (other than the labor costs associated with initially 
reading the rule) because we anticipate that all new sources will 
reduce their potential HAP emissions to less than the major source 
threshold. Thus, as area sources, these new sources will not be subject 
to the rule.
    Although we estimated no cost will be incurred by new sources, they 
may incur some level of cost to achieve area source status. Typically 
these costs would be associated with the differential in cost between 
conventional liquid coatings and the coating technology they use to 
reduce organic HAP emissions. For example, we have limited data 
indicating that the cost of powder coatings in terms of dollars per 
liter coating solids is higher than most liquid coatings. New sources 
would also incur some costs to initially read the rule to determine 
whether it applies to them (we estimated this cost to be about $300 per 
facility). A cost savings will be realized by new sources because they 
will not have the recordkeeping, reporting, and monitoring burden as 
described above for existing sources. While all of these potential 
costs and savings are difficult to quantify, we believe that in the 
balance there will be essentially no cost to new facilities.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9 and 48 CFR, chapter 15. The OMB 
control number for the information collection requirements in this rule 
will be listed in an amendment to 40 CFR part 9 in a subsequent Federal 
Register document after OMB approves the ICR.

C. Regulatory Flexibility Act (RFA)

    The EPA has determined that it is not necessary to prepare a 
regulatory flexibility analysis in connection with the final rule. The 
EPA has also determined that the rule will not have a significant 
economic impact on a substantial number of small entities. For purposes 
of assessing the impacts of today's rule on small entities, small 
entity is defined as: (1) A small business ranging from 100 to 1,000 
employees, according to Small Business Administration size standards 
established under the NAICS for the industries affected by today's 
rule; (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.
    In accordance with the RFA and SBREFA, EPA conducted an assessment 
of the standards on small businesses within the metal furniture surface 
coating industry. Based on Small Business Administration size 
definitions and reported sales and employment data, EPA's survey 
identified 10 of the 24 companies owning metal furniture surface 
coating facilities as small businesses. Although small businesses 
represent almost 42 percent of the companies within the source 
category, they are expected to incur 12 percent of the total industry 
compliance costs. Under the standards, the average annual compliance 
cost share of sales for small businesses is 0.18 percent, with two of 
the ten small businesses not expected to incur any additional costs 
because they are permitted as synthetic minor HAP emission sources. In 
addition, small businesses in this industry typically have 5 percent 
profit margins. For more information, consult the docket for this 
project.
    Although the final rule will not have a significant economic impact 
on a substantial number of small entities, EPA nonetheless has tried to 
reduce the impact of this rule on small entities. We solicited input 
from small entities during the data-gathering phase of the proposed 
rulemaking.
    We have included compliance options in the rule which give small 
entities flexibility in choosing the most cost effective and least 
burdensome alternative for their operation. For example, a facility 
could purchase and use low-HAP coatings (i.e., pollution prevention) 
that meet the standards instead of using add-on capture and control 
systems. This method of compliance can be demonstrated with minimum 
burden by using purchase and usage records. No testing of materials 
would be required, as the facility owner could show that their coatings 
meet the emission limits by providing formulation data supplied by the 
manufacturer.

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, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
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 EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal

[[Page 28618]]

governments, it must have developed under section 203 of the UMRA a 
small government agency plan. The plan must provide for notifying 
potentially affected small governments, enabling officials of affected 
small governments to have meaningful and timely input in the 
development of EPA regulatory proposals with significant Federal 
intergovernmental mandates, and informing, educating, and advising 
small governments on compliance with the regulatory requirements.
    The EPA has determined that the rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more to 
State, local, and tribal governments, in the aggregate, or the private 
sector in any 1 year. The maximum total annual cost of the rule for any 
year has been estimated to be about $15 million. Thus, today's rule is 
not subject to the requirements of sections 202 and 205 of the UMRA. In 
addition, EPA has determined that the standards contains no regulatory 
requirements that might significantly or uniquely affect small 
governments because it contains no requirements that apply to such 
governments or impose obligations upon them. This rule contains 
requirements that may apply to State government correctional 
institutions that manufacture or repair metal furniture. However, these 
requirements do not uniquely or significantly affect those 
institutions. Therefore, today's 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 Executive Order 13132. Thus, Executive Order 13132 does 
not apply to the rule. Although section 6 of Executive Order 13132 does 
not apply to the rule, EPA did consult with State and local officials 
to enable them to provide timely input in the development of the rule.

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 9, 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.'' The final rule does not have 
tribal implications, as specified in Executive Order 13175. No tribal 
governments own or operate metal furniture surface coating facilities. 
Thus, Executive Order 13175 does not apply to this rule.

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, EPA must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. This rule is not subject to 
Executive Order 13045 because it is based on technology performance and 
not on health or safety risks. Furthermore, the rule has been 
determined not to be ``economically significant'' as defined under 
Executive Order 12866.

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

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act (NTTAA) of 1995, Public Law No. 
104-113, (15 U.S.C. 272 note) directs EPA to use voluntary consensus 
standards (VCS) in its regulatory activities unless to do so would be 
inconsistent with applicable law or otherwise impractical. The VCS are 
technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable VCS.
    This rulemaking involves technical standards. The EPA cites the 
following standards in this rule: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 
2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A-F, and 311; and Performance 
Specifications (PS) 6, 8, and 9. Consistent with the NTTAA, EPA 
conducted searches to identify VCS in addition to these EPA methods/
performance specifications. No applicable VCS were identified for EPA 
Methods 1A, 2A, 2D, 2F, 2G, 204, 204A through 204F, and 311, and PS 6, 
8, and 9. The search and review results have been documented and are 
placed in the docket (Docket ID No OAR-2002-0048, formerly Docket No. 
A-97-40) for the rule.
    The three VCS were identified as acceptable alternatives to EPA 
test methods for the purposes of the rule.
    The VCS ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses 
[Part 10, Instruments and Apparatus],'' is cited in this rule for its 
manual method for measuring the oxygen, carbon dioxide, and carbon 
monoxide content of exhaust gas. This part of ANSI/ASME PTC 19.10-1981, 
Part 10, is an acceptable alternative to Method 3B.
    The two VCS, ASTM D2697-86 (Reapproved 1998), ``Standard Test 
Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' 
and ASTM D6093-97, ``Standard Test Method for Percent Volume 
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas 
Pycnometer,'' are cited in this rule as acceptable alternatives to EPA 
Method 24 for measuring volume of solids in coatings. Currently, Method 
24 does not have a procedure for determining the volume of solids in 
coatings. These standards

[[Page 28619]]

augment the procedures in EPA Method 24, which states that volume 
solids content be calculated from the coating manufacturer's 
formulation.
    Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93 are already 
incorporated by reference (IBR) in EPA Method 24. Five VCS: ASTM D1979-
91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are 
IBR in EPA Method 311.
    In addition to the VCS EPA uses in the rule, the search for 
emissions measurement procedures identified 14 other VCS. The EPA 
determined that 11 of these 14 standards identified for measuring 
emissions of the HAP or surrogates subject to emission standards in the 
rule were impractical alternatives to EPA test methods for the purposes 
of this rule. Therefore, EPA does not intend to adopt these standards 
for this purpose. The reasons for this determination for the 11 methods 
are discussed in the docket.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. Sec.  801, et seq., as added 
by the SBREFA 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 the rule and other required information to the United 
States Senate, the United States House of Representatives, and the 
Comptroller General of the United States prior to publication of the 
rule in the Federal Register. A major rule cannot take effect until 60 
days after it is published in the Federal Register. This action is not 
a ``major rule'' as defined by 5 U.S.C. Sec.  804(2). The rule will be 
effective May 23, 2003.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

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

0
For the reasons set out in the preamble, title 40, chapter I, part 63 
of the Code of 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 revising paragraphs (b)(24) and (25) and 
paragraph (i)(3) to Sec.  63.14 of subpart A. The revisions read as 
follows:


Sec.  63.14  Incorporations by Reference

* * * * *
    (b) * * *
    (24) ASTM D2697-86 (Reapproved 1998), ``Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' IBR 
approved for Sec. Sec.  63.4141(b)(1), 63.4941(b)(1), and 63.5160(c).
    (25) ASTM D6093-97, ``Standard Test Method for Percent Volume 
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas 
Pycnometer,'' IBR approved for Sec. Sec.  63.4141(b)(1), 63.4941(b)(1), 
and 63.5160(c).
* * * * *
    (i) * * *
    (3) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.  
63.865(b), 63.3360(e)(1)(iii), 63.4166(a)(3), 63.4965(a)(3), and 
63.5160(d)(1)(iii).
* * * * *

0
3. Part 63 is amended by adding subpart RRRR to read as follows:

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

Sec.

What This Subpart Covers

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

Emission Limitations

63.4890 What Emission Limits Must I Meet?
63.4891 What are my options for demonstrating compliance with the 
emission limits?
63.4892 What operating limits must I meet?
63.4893 What work practice standards must I meet?

General Compliance Requirements

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

Notifications, Reports, and Records

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

Compliance Requirements for the Compliant Material Option

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

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

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

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

63.4960 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.4961 How do I demonstrate initial compliance?
63.4962 How do I demonstrate continuous compliance with the emission 
limitations?
63.4963 What are the general requirements for performance tests?
63.4964 How do I determine the emission capture system efficiency?
63.4965 How do I determine the add-on control device emission 
destruction or removal efficiency?
63.4966 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.4967 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Other Requirements and Information

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

Tables to Subpart RRRR of Part 63

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

[[Page 28620]]

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

What This Subpart Covers


Sec.  63.4880  What is the purpose of this subpart?

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


Sec.  63.4881  Am I subject to this subpart?

    (a) Except as provided in paragraph (c) of this section, the source 
category to which this subpart applies is surface coating of metal 
furniture.
    (1) Surface coating is the application of coatings to a substrate 
using, for example, spray guns or dip tanks.
    (2) Metal furniture means furniture or components of furniture 
constructed either entirely or partially from metal. Metal furniture 
includes, but is not limited to, components of the following types of 
products as well as the products themselves: household, office, 
institutional, laboratory, hospital, public building, restaurant, 
barber and beauty shop, and dental furniture; office and store 
fixtures; partitions; shelving; lockers; lamps and lighting fixtures; 
and wastebaskets.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source as defined in Sec.  63.4882, 
in the source category defined in paragraph (a) of this section, and 
that is a major source, is located at a major source, or is part of a 
major source of emissions of hazardous air pollutants (HAP). A major 
source of HAP emissions is any stationary source or group of stationary 
sources located within a contiguous area and under common control that 
emits or has the potential to emit any single HAP at a rate of 9.07 
megagrams (Mg) (10 tons) or more per year or any combination of HAP at 
a rate of 22.68 Mg (25 tons) or more per year.
    (c) This subpart does not apply to surface coating that meets any 
of the criteria of paragraphs (c)(1) through (6) of this section.
    (1) Surface coating conducted at an affected source that uses only 
coatings, thinners, and cleaning materials that contain no organic HAP.
    (2) Surface coating of metal components of wood furniture conducted 
in an operation that is subject to the wood furniture manufacturing 
NESHAP in subpart JJ of this part.
    (3) Surface coating that occurs at research or laboratory 
facilities or that is part of janitorial, building, and facility 
maintenance operations.
    (4) Surface coating of only small items such as knobs, hinges, or 
screws that have a wider use beyond metal furniture are not subject to 
this subpart unless the surface coating occurs at an affected metal 
furniture source.
    (5) Surface coating of metal furniture conducted for the purpose of 
repairing or maintaining metal furniture used by a major source and not 
for commerce is not subject to this subpart, unless organic HAP 
emissions from the surface coating itself are as high as the rates 
specified in paragraph (b) of this section.
    (6) Surface coating of metal furniture performed on-site at 
installations owned or operated by the Armed Forces of the United 
States (including the Coast Guard and the National Guard of any State).


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

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


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

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source 
is specified in paragraphs (a) through (c) of this section. The 
compliance date begins the initial compliance period during which you 
conduct the initial compliance demonstration described in Sec. Sec.  
63.4940, 63.4950, and 63.4960.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is before May 23, 2003, the compliance date is May 23, 2003.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after May 23, 2003, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is the 
date 3 years after May 23, 2003.
    (c) For an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP emissions, 
the compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or May 23, 
2003, whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after May 23, 
2003, whichever is later.
    (d) You must meet the notification requirements in Sec.  63.4910 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

Emission Limitations


Sec.  63.4890  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must emit no 
organic HAP during each compliance period, determined according to the 
procedures in Sec.  63.4941.
    (b) Alternative emission limit. You may request approval from the 
Administrator to use an alternative new source emission limit for 
specific metal

[[Page 28621]]

furniture components or type of components for which you believe the 
emission limit in paragraph (a) of this section cannot be achieved.
    (1) Any request to use an alternative emission limit under 
paragraph (b) of this section must contain specific information 
demonstrating why no organic HAP-free coating technology can be used on 
the metal furniture components. The request must be based on objective 
criteria related to the performance or appearance requirements of the 
finished coating, which may include but is not limited to the criteria 
listed in paragraphs (b)(1)(i) through (viii) of this section.
    (i) Low dried film thickness requirements (e.g., less than 0.0254 
millimeters (0.001 inch)).
    (ii) Flexibility requirements for parts subject to repeated 
bending.
    (iii) Chemical resistance to withstand chemical exposure in 
environments such as laboratories.
    (iv) Resistance to the effects of exposure to ultraviolet light.
    (v) Adhesion characteristics related to the condition of the 
substrate.
    (vi) High gloss requirements.
    (vii) Custom colors such as matching the color of a corporate logo.
    (viii) Non-uniform surface finishes such as an antique appearance 
that requires visible cracking of the dried film.
    (2) If the request to use an alternative emission limit under 
paragraph (b) of this section is approved, the new source must meet an 
emission limit of 0.094 kilogram (kg) organic HAP per liter (kg/liter) 
(0.78 pounds per gallon (lb/gal)) coating solids used for only those 
components subject to the approval. All other metal furniture surface 
coating operations at the new source must meet the emission limit 
specified in paragraph (a) of this section. Until approval to use the 
alternative emission limit has been granted by the Administrator under 
this paragraph (b)(2), you must meet the emission limit specified in 
paragraph (a) of this section and all other applicable requirements in 
this subpart.
    (c) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than 0.10 kg organic HAP per 
liter (0.83 lb/gal) of coating solids used during each compliance 
period, determined according to the procedures in Sec.  63.4941, Sec.  
63.4951, or Sec.  63.4961.


Sec.  63.4891  What are my options for demonstrating compliance with 
the emission limits?

    You must include all coatings, thinners, and cleaning materials 
used in the affected source when determining whether the organic HAP 
emission rate is equal to or less than the applicable emission limit in 
Sec.  63.4890. To make this determination, you must use at least one of 
the three compliance options listed in paragraphs (a) through (c) of 
this section. You may apply any of the compliance options to an 
individual coating operation or to multiple coating operations as a 
group or to the entire affected source. You may use different 
compliance options for different coating operations or at different 
times on the same coating operation. However, you may not use different 
compliance options at the same time on the same coating operation. If 
you switch between compliance options for any coating operation or 
group of coating operations, you must document this switch as required 
by Sec.  63.4930(c), and you must report it in the next semiannual (6-
month period) compliance report required in Sec.  63.4920.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation or group of 
coating operations is less than or equal to the applicable emission 
rate limit in Sec.  63.4890 and that each thinner and each cleaning 
material used contains no organic HAP. You must meet all the 
requirements of Sec. Sec.  63.4940, 63.4941, and 63.4942 to demonstrate 
compliance with the emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation or group of coating operations, the organic HAP 
emission rate for the coating operation or group of coating operations 
is less than or equal to the applicable emission rate limit in Sec.  
63.4890, calculated as a monthly emission rate. You must meet all the 
requirements of Sec. Sec.  63.4950, 63.4951, and 63.4952 to demonstrate 
compliance with the emission rate limit using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation or group of coating operations, and the emission 
reductions achieved by emission capture and add-on control systems, the 
organic HAP emission rate is less than or equal to the applicable 
emission rate limit in Sec.  63.4890, calculated as a monthly emission 
rate. If you use this compliance option, you must also demonstrate that 
all capture systems and add-on control devices for the coating 
operation or group of coating operations meet the operating limits 
required in Sec.  63.4892, except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec.  
63.4961(j); and that you meet the work practice standards required in 
Sec.  63.4893. You must meet all the requirements of Sec. Sec.  63.4960 
through 63.4967 to demonstrate compliance with the emission limits, 
operating limits, and work practice standards using this option.
    (d) If you choose to use the emission rate with add-on controls 
compliance option in paragraph (c) of this section and operate the 
coating operation, its emission capture system, or its add-on control 
device at multiple sets of representative operating conditions that 
result in different capture system or add-on control device 
efficiencies during a compliance period, you must follow one of the 
procedures in paragraph (d)(1) or (2) of this section.
    (1) Determine the operating conditions that result in the lowest 
emission capture system and add-on control device efficiencies through 
performance testing conducted according to Sec. Sec.  63.4963, 63.4964, 
and 63.4965. Use these emission capture system and add-on control 
device efficiencies for all representative operating conditions during 
the compliance period.
    (2) Develop a compliance calculation procedure for determining the 
organic HAP emission rate for the compliance period that takes into 
account all of the representative operating conditions the source was 
operated under during the compliance period and submit the procedure to 
the Administrator for approval. Until you receive approval from the 
Administrator, you must determine compliance according to paragraph (c) 
of this section.


Sec.  63.4892  What operating limits must I meet?

    (a) For any coating operation or group of coating operations for 
which you use the compliant material option or the emission rate 
without add-on controls option to demonstrate compliance, you are not 
required to meet any operating limits.
    (b) For any coating operation or group of coating operations for 
which you use the emission rate with add-on controls option to 
demonstrate compliance, except those for which you use a solvent 
recovery system and conduct a liquid-liquid material balance according 
to Sec.  63.4961(j), you must meet the operating limits specified in 
Table 1 to this subpart. These operating limits apply to the emission 
capture and control systems on the coating operation or group of 
coating operations for which

[[Page 28622]]

you use emission capture and add-on controls to demonstrate compliance. 
You must establish the operating limits during the performance test 
according to the requirements in Sec.  63.4966. You must meet the 
operating limits at all times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 1 to this subpart, or wish to monitor an alternative parameter 
and comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec.  
63.8(f).


Sec.  63.4893  What work practice standards must I meet?

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

General Compliance Requirements


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

    (a) The affected source must be in compliance at all times with the 
emission limitations specified in Sec.  63.4890.
    (b) You must always operate and maintain your affected source, 
including all air pollution control and monitoring equipment you use 
for purposes of complying with this subpart, according to the 
provisions in Sec.  63.6(e)(1)(i).
    (c) If your affected source uses an emission capture system and 
add-on control device to comply with the emission limitations in Sec.  
63.4890, you must develop and implement a written startup, shutdown, 
and malfunction plan (SSMP) according to the provisions in Sec.  
63.6(e)(3). The SSMP must address the startup, shutdown, and corrective 
actions in the event of a malfunction of the emission capture system or 
the add-on control device. The SSMP must also address any coating 
operation equipment that may cause increased emissions or that would 
affect capture efficiency if the process equipment malfunctions, such 
as conveyors that move parts among enclosures.


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

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

Notifications, Reports, and Records


Sec.  63.4910  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec.  
63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (e), (h), and (j) that 
apply to you by the dates specified in those sections, except as 
provided in paragraphs (b) and (c) of this section.
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup or 120 days after May 23, 
2003, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than 1 year after May 23, 
2003.
    (c) Notification of Compliance Status. You must submit the 
Notification of Compliance Status required by Sec.  63.9(h) no later 
than 30 calendar days following the end of the initial compliance 
period described in Sec.  63.4940, Sec.  63.4950, or Sec.  63.4960 that 
applies to your affected source. The Notification of Compliance Status 
must contain the information specified in paragraphs (c)(1) through (9) 
of this section and the applicable information specified in Sec.  
63.9(h).
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the report. Such certifications must also comply with the 
requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d).
    (3) Date of the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec.  63.4940, Sec.  63.4950, or Sec.  63.4960 that 
applies to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec.  63.4891 that you used on each coating operation in the affected 
source during the initial compliance period and that you will use for 
demonstrating continuous compliance.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec.  
63.4890, include all the calculations you used to determine compliance. 
You do not need to submit information provided by material suppliers or 
manufacturers or test reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec.  63.4941(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner, 
and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner, and one cleaning 
material, except that if you use the compliant material option, only 
the example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are

[[Page 28623]]

claiming an allowance in Equation 1 of Sec.  63.4951.
    (8) The calculation of the organic HAP emission rate for the 
compliance option(s) you used, as specified in paragraphs (c)(8)(i) 
through (iii) of this section.
    (i) For the compliant materials option, provide an example 
calculation of the organic HAP content for one coating, using Equation 
2 of Sec.  63.4941.
    (ii) For the emission rate without add-on controls option, provide 
the information specified in paragraphs (c)(8)(ii)(A) through (C) of 
this section.
    (A) The calculation of the total mass of organic HAP emissions 
during the initial compliance period, using Equation 1 of Sec.  
63.4951.
    (B) The calculation of the total volume of coating solids used 
during the initial compliance period, using Equation 2 of Sec.  
63.4951.
    (C) The calculation of the organic HAP emission rate for the 
initial compliance period, using Equation 3 of Sec.  63.4951.
    (iii) For the emission rate with add-on controls option, provide 
the information specified in paragraphs (c)(8)(iii)(A) through (D) of 
this section.
    (A) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during the initial 
compliance period, using Equation 1 of Sec.  63.4951.
    (B) The calculation of the total volume of coating solids used 
during the initial compliance period, using Equation 2 of Sec.  
63.4951.
    (C) The calculation of the mass of organic HAP emission reduction 
during the initial compliance period by emission capture systems and 
add-on control devices, using Equation 1 of Sec.  63.4961, and the 
calculation of the mass of organic HAP emission reduction for the 
coating operations controlled by solvent recovery systems during each 
compliance period, using Equation 3 of Sec.  63.4961 as applicable.
    (D) The calculation of the organic HAP emission rate for the 
initial compliance period, using Equation 4 of Sec.  63.4961.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (c)(9)(i) through (v) 
of this section. However, the requirements in paragraphs (c)(9)(i) 
through (iii) of this section do not apply to solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4961(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you 
use the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show 
you meet the DQO or LCL criteria in appendix A to subpart KK of this 
part. You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented 
the work practice plan required by Sec.  63.4893.
    (v) A statement of whether or not you developed and implemented the 
SSMP required by Sec.  63.4900.


Sec.  63.4920  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by 
reports required under other parts of the Clean Air Act (CAA), such as 
those detailed in paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec.  63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec.  63.4940, Sec.  63.4950, or 
Sec.  63.4960 that applies to your affected source and ends on June 30 
or December 31, whichever occurs first following the end of the initial 
compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 
or the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (iv) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting 6-month 
monitoring 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 semiannual 
compliance reports according to the dates the permitting authority has 
established for the 40 CFR part 70 or 40 CFR part 71 6-month monitoring 
reports instead of according to the dates specified in paragraph 
(a)(1)(iii) of this section. However, under no circumstances shall the 
semiannual compliance report be submitted more than 30 days after the 
end of the semiannual reporting period established in paragraphs 
(a)(1)(i) and (ii) of this section.
    (2) Inclusion with title V report. Each affected source that has 
obtained a title V operating permit pursuant to 40 CFR part 70 or 40 
CFR part 71 must report all deviations as defined in this subpart in 
the 6-month monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 
40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a semiannual 
compliance report pursuant to this section along with, or as part of, 
the 6-month monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 
40 CFR 71.6(a)(3)(iii)(A), and the semiannual compliance report 
includes all information required by the part 70 or part 71 6-month 
monitoring report concerning deviations from the requirements of this 
subpart as defined in Sec.  63.4981, the submission of the semiannual 
compliance report shall be deemed to satisfy any obligation to report 
the same deviation information in the part 70 or part 71 6-month 
monitoring report. However, in such situations, the 6-month monitoring 
report must cross-reference the semiannual compliance report, and 
submission of a semiannual compliance report shall not otherwise affect 
any obligation the affected source may have to report deviations from 
permit requirements to the permitting authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) 
of this section, and the information specified in paragraphs (a)(4) 
through (7) and (c)(1)

[[Page 28624]]

of this section that is applicable to your affected source.
    (i) Company name and address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the report. Such certifications must also comply with the 
requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d)
    (iii) Date of report and beginning and ending dates of the 
reporting period. The reporting period is the 6-month period ending on 
June 30 or December 31.
    (iv) Identification of the compliance option or options specified 
in Sec.  63.4891 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec.  63.4891(b) 
or (c)), the calculation results for each organic HAP emission rate for 
each compliance period ending in the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limits, operating limits, and work practice standards in Sec. Sec.  
63.4890, 63.4892, and 63.4893, respectively, that apply to you, the 
semiannual compliance report must include an affirmative statement that 
there were no deviations from the emission limitations, operating 
limits, or work practice standards in Sec. Sec.  63.4890, 63.4892, and 
63.4893 during the reporting period. If there were no deviations from 
the emission limitations in Sec.  63.4890, the semiannual compliance 
report must include the affirmative statement that is described in 
either Sec.  63.4942(c), Sec.  63.4952(c), or Sec.  63.4962(f), as 
applicable. If you used the emission rate with add-on controls option 
and there were no periods during which the continuous parameter 
monitoring systems (CPMS) were out-of-control as specified in Sec.  
63.8(c)(7), the semiannual compliance report must include a statement 
that there were no periods during which the CPMS were out-of-control 
during the reporting period as specified in Sec.  63.8(c)(7).
    (5) Deviations: compliant material option. If you used the 
compliant material option, and there was a deviation from the 
applicable emission limit in Sec.  63.4890, the semiannual compliance 
report must contain the information in paragraphs (a)(5)(i) through 
(iv) of this section.
    (i) Identification of each coating used that deviated from the 
emission limit, and of each thinner and cleaning material used that 
contained organic HAP, and the dates and time periods each was used.
    (ii) The calculation of the organic HAP content for each coating 
identified in paragraph (a)(5)(i) of this section, using Equation 2 of 
Sec.  63.4941. You do not need to submit background data supporting 
this calculation, for example, information provided by materials 
suppliers or manufacturers, or test reports.
    (iii) The determination of mass fraction of organic HAP for each 
coating, thinner, and cleaning material identified in paragraph 
(a)(5)(i) of this section. You do not need to submit background data 
supporting this calculation, for example, information provided by 
materials suppliers or manufacturers, or test reports.
    (iv) A statement of the cause of each deviation.
    (6) Deviations: emission rate without add-on controls option. If 
you used the emission rate without add-on controls option, and there 
was a deviation from any applicable emission limit in Sec.  63.4890, 
the semiannual compliance report must contain the information in 
paragraphs (a)(6)(i) through (v) of this section. You do not need to 
submit background data supporting these calculations, for example, 
information provided by materials suppliers or manufacturers, or test 
reports.
    (i) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec.  63.4890.
    (ii) The calculation of the total mass of organic HAP emissions for 
each month, using Equations 1 of Sec.  63.4951.
    (iii) The calculation of the total volume of coating solids used 
each month, using Equation 2 of Sec.  63.4951.
    (iv) The calculation of the organic HAP emission rate for each 
month, using Equation 3 of Sec.  63.4951.
    (v) A statement of the cause of each deviation.
    (7) Deviations: emission rate with add-on controls option. If you 
used the emission rate with add-on controls option, and there was a 
deviation from any applicable emission limitation (including any 
periods when emissions bypassed the add-on control device and were 
diverted to the atmosphere), the semiannual compliance report must 
contain the information in paragraphs (a)(7)(i) through (xvii) of this 
section. This includes periods of startup, shutdown, and malfunction 
during which deviations occurred. You do not need to submit background 
data supporting these calculations, for example, information provided 
by materials suppliers or manufacturers, or test reports.
    (i) The beginning and ending dates of each compliance period during 
which the organic HAP emission rate exceeded the applicable emission 
limit in Sec.  63.4890.
    (ii) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during each month, 
using Equation 1 of Sec.  63.4951 and, if applicable, the calculation 
used to determine the total mass of organic HAP in waste materials sent 
or designated for shipment to a hazardous waste treatment, storage, and 
disposal facility (TSDF) for treatment or disposal during each 
compliance period, according to Sec.  63.4951(e)(4).
    (iii) The calculation of the total volume of coating solids used, 
using Equation 2 of Sec.  63.4951.
    (iv) The calculation of the mass of organic HAP emission reduction 
each month by emission capture systems and add-on control devices, 
using Equation 1 of Sec.  63.4961, and Equation 3 of Sec.  63.4961 for 
the calculation of the mass of organic HAP emission reduction for the 
coating operation controlled by solvent recovery systems each 
compliance period, as applicable.
    (v) The calculation of the organic HAP emission rate for each 
compliance period, using Equation 4 of Sec.  63.4961.
    (vi) The date and time that each malfunction started and stopped.
    (vii) A brief description of the CPMS.
    (viii) The date of the latest CPMS certification or audit.
    (ix) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (x) The date, time, and duration that each CPMS was out-of-control, 
including the information in Sec.  63.8(c)(8).
    (xi) The date and time period of each deviation from an operating 
limit in Table 1 to this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (xii) A summary of the total duration of each deviation from an 
operating limit in Table 1 to this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total 
duration as a percent of the total affected source operating time 
during that semiannual reporting period.
    (xiii) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 to this

[[Page 28625]]

subpart and bypasses of the add-on control device during the semiannual 
reporting period into those that were due to startup, shutdown, control 
equipment problems, process problems, other known causes, and other 
unknown causes.
    (xiv) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as 
a percent of the total affected source operating time during that 
semiannual reporting period.
    (xv) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xvi) For each deviation from the work practice standards, a 
description of the deviation; the date and time period of the 
deviation; and the actions you took to correct the deviation.
    (xvii) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with 
add-on controls option, you must submit reports of performance test 
results for emission capture systems and add-on control devices no 
later than 60 days after completing the tests as specified in Sec.  
63.10(d)(2).
    (c) Startup, shutdown, and malfunction reports. If you used the 
emission rate with add-on controls option and you had a startup, 
shutdown, or malfunction during the semiannual reporting period, you 
must submit the reports specified in paragraphs (c)(1) and (2) of this 
section.
    (1) If your actions were consistent with your SSMP, you must 
include the information specified in Sec.  63.10(d)(5) in the 
semiannual compliance report required by paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate startup, shutdown, and malfunction report as 
described in paragraphs (c)(2)(i) and (ii) of this section.
    (i) You must describe the actions taken during the event in a 
report delivered by facsimile, telephone, or other means to the 
Administrator within 2 working days after starting actions that are 
inconsistent with the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec.  
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec.  63.10(d)(5)(ii).


Sec.  63.4930  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers 
or manufacturers. This would include records pertaining to the design 
and manufacturer's specifications for the life of the add-on control 
equipment. It would also include information such as manufacturer's 
formulation data for the materials used, or test data used to determine 
the mass fraction of organic HAP and density for each coating, thinner, 
and cleaning material and the volume fraction of coating solids for 
each coating. If you conducted testing to determine mass fraction of 
organic HAP, density, or volume fraction of coating solids, you must 
keep a copy of the complete test report. If you use information 
provided to you by the manufacturer or supplier of the material that 
was based on testing, you must keep the summary sheet of results 
provided to you by the manufacturer or supplier. You are not required 
to obtain the test report or other supporting documentation from the 
manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations at which you used each 
compliance option and the time periods (beginning and ending dates and 
times) you used each option.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 2 of Sec.  
63.4941.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used during each compliance 
period, using Equation 1 of Sec.  63.4951 and, if applicable, the 
calculation used to determine the total mass of organic HAP in waste 
materials sent or designated for shipment to a hazardous waste TSDF for 
treatment or disposal during each compliance period, according to Sec.  
63.4951(e)(4); the calculation of the total volume of coating solids 
used during each compliance period, using Equation 2 of Sec.  63.4951; 
and the calculation of the organic HAP emission rate for each 
compliance period, using Equation 3 of Sec.  63.4951.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (iv) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used during each 
compliance period, using Equation 1 of Sec.  63.4951 and, if 
applicable, the calculation used to determine the total mass of organic 
HAP in waste materials sent or designated for shipment to a hazardous 
waste TSDF for treatment or disposal during each compliance period, 
according to Sec.  63.4951(e)(4);
    (ii) The calculation of the total volume of coating solids used 
during each compliance period, using Equation 2 of Sec.  63.4951;
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices, using Equation 
1 of Sec.  63.4961, and the calculation of the mass of organic HAP 
emission reduction for the coating operation controlled by a solvent 
recovery system during the compliance period, using Equation 3 of Sec.  
63.4961, as applicable;
    (iv) The calculation of the organic HAP emission rate for each 
compliance period, using Equation 4 of Sec.  63.4961.
    (d) A record of the name and volume of each coating, thinner, and 
cleaning material used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner, and cleaning material used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) If a determination of density is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, a 
record of the density for each coating used during each compliance 
period; and, if you use either the emission rate without add-on 
controls or the emission rate with add-on controls compliance option, 
the density for each thinner and cleaning material used during each 
compliance period.
    (h) If you use an allowance in Equation 1 of Sec.  63.4951 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a TSDF according to Sec.  63.4951(e)(4), you must keep 
records of the information specified in paragraphs (h)(1) through (3) 
of this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in

[[Page 28626]]

Equation 1 of Sec.  63.4951, a statement of which subparts under 40 CFR 
parts 262, 264, 265, and 266 apply to the facility, and the date of 
each shipment.
    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month or months in which 
you used the allowance for these materials in Equation 1 of Sec.  
63.4951.
    (3) The methodology used in accordance with Sec.  63.4951(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.
    (i) [Reserved]
    (j) You must keep records of the date, time, and duration of each 
deviation.
    (k) If you use the emission rate with add-on controls option, you 
must keep the records specified in paragraphs (k)(1) through (8) of 
this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of startup, shutdown, or malfunction.
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec.  63.4964(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec.  63.4963 and 63.4964(b) through 
(e), including the records specified in paragraphs (k)(5)(i) through 
(iii) of this section that apply to you.
    (i) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used, during each 
capture efficiency test run, including a copy of the test report. 
Records of the mass of TVH emissions not captured by the capture system 
that exited the temporary total enclosure or building enclosure during 
each capture efficiency test run, as measured by Method 204D or E of 
appendix M to 40 CFR part 51, including a copy of the test report. 
Records documenting that the enclosure used for the capture efficiency 
test met the criteria in Method 204 of appendix M to 40 CFR part 51 for 
either a temporary total enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run, as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec.  63.4964(e), if applicable.
    (6) The records specified in paragraphs (k)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec.  63.4965.
    (i) Records of each add-on control device performance test 
conducted according to Sec. Sec.  63.4963 and 63.4965.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as 
specified in Sec.  63.4966 and to document compliance with the 
operating limits as specified in Table 1 to this subpart.
    (8) A record of the work practice plan required by Sec.  63.4893 
and documentation that you are implementing the plan on a continuous 
basis.


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

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

Compliance Requirements for the Compliant Material Option


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

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


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

    You may use the compliant material option for any individual 
coating operation, for any group of coating operations in the affected 
source, or for all the coating operations in the affected source to 
demonstrate compliance with an organic HAP emission limit. You must use 
either the emission rate without add-on controls option or the emission 
rate with add-on controls option for any coating operation in the 
affected source for which you do not use this option. To demonstrate 
initial compliance using the compliant material option, during the 
compliance period the coating operation or group of coating operations 
must use no coating with an organic HAP content that exceeds the 
applicable emission limit in

[[Page 28627]]

Sec.  63.4890 and must use no thinner or cleaning material that 
contains organic HAP as determined according to this section. Any 
coating operation for which you use the compliant material option is 
not required to comply with the operating limits or work practice 
standards required in Sec. Sec.  63.4892 and 63.4893, respectively. To 
demonstrate initial compliance with the emission limitations using the 
compliant material option, you must meet all the requirements of this 
section for the coating operation or group of coating operations using 
this option. Use the procedures in this section for each coating, 
thinner, and cleaning material in the condition it is in when it is 
received from its manufacturer or supplier and prior to any alteration. 
You do not need to redetermine the organic HAP content of cleaning 
materials that are reclaimed and reused onsite provided these materials 
in their condition as received were demonstrated to comply with the 
compliant material option.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner, and cleaning material used during the compliance 
period by using one of the options in paragraphs (a)(1) through (5) of 
this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the 
procedures specified in paragraphs (a)(1)(i) and (ii) of this section 
when performing a Method 311 test.
    (i) Count each organic HAP that is measured to be present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other organic 
HAP compounds. For example, if toluene (not an OSHA carcinogen) is 
measured to be 0.5 percent of the material by mass, you do not have to 
count it. Express the mass fraction of each organic HAP you count as a 
value truncated to four places after the decimal point (for example, 
0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (for 
example, 0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP that is present at 0.1 percent by mass or more for OSHA-defined 
carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent 
by mass or more for other organic HAP compounds. For example, if 
toluene (not an OSHA carcinogen) is 0.5 percent of the material by 
mass, you do not have to count it. If there is a disagreement between 
such information and results of a test conducted according to 
paragraphs (a)(1) through (3) of this section, then the test method 
results will take precedence.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in 
these solvent blends listed in Table 3 or 4 to this subpart. If you use 
the tables, you must use the values in Table 3 for all solvent blends 
that match Table 3 entries, and you may only use Table 4 if the solvent 
blends in the materials you use do not match any of the solvent blends 
in Table 3, and you only know whether the blend is aliphatic or 
aromatic. However, if the results of a Method 311 test indicate higher 
values than those listed on Table 3 or 4 of this subpart, the Method 
311 results will take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by a test or by information provided by 
the supplier or the manufacturer of the material, as specified in 
paragraphs (b)(1), (2), and (3) of this section. If test results 
obtained according to paragraph (b)(1) of this section do not agree 
with the information obtained under paragraph (b)(2) or (3) of this 
section, the test results will take precedence.
    (1) Test results. You may use ASTM Method D2697-86 (Reapproved 
1998), ``Standard Test Method for Volume Nonvolatile Matter in Clear or 
Pigmented Coatings'' (incorporated by reference, see Sec.  63.14), or 
D6093-97, ``Standard Test Method for Percent Volume Nonvolatile Matter 
in Clear or Pigmented Coatings Using a Helium Gas Pycnometer'' 
(incorporated by reference, see Sec.  63.14), to determine the volume 
fraction of coating solids for each coating. Divide the nonvolatile 
volume percent obtained with the methods by 100 to calculate volume 
fraction of coating solids. Alternatively, you may use another test 
method once you obtain approval from the Administrator according to the 
requirements of Sec.  63.7(f).
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (3) Calculation of volume fraction of coating solids. If the volume 
fraction of coating solids cannot be determined using the options in 
paragraphs (b)(1) and (2) of this section, you must determine it using 
Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.019

Where:
Vs = Volume fraction of coating solids, liters coating 
solids per liter coating.
Mvolatiles = Total volatile matter content of the coating, 
including HAP, volatile organic compounds (VOC), water, and exempt 
compounds, determined according to Method 24 in appendix A of 40 CFR 
part 60, grams volatile matter per liter coating.
Davg = Average density of volatile matter in the coating, 
grams volatile matter per liter volatile matter, determined from test 
results using ASTM Method D1475-90, information from the supplier or 
manufacturer of the material, or reference sources providing density or 
specific gravity data for pure materials. If there is disagreement 
between ASTM Method D1475-90 test results and other information 
sources, the test results will take precedence.

    (c) Determine the density of each coating. You must determine the 
density of each coating used during the compliance period from test 
results using ASTM Method D1475-90 or information from the supplier or 
manufacturer of the material. If there is disagreement between ASTM 
Method

[[Page 28628]]

D1475-90 test results and the supplier's or manufacturer's information, 
the test results will take precedence.
    (d) Calculate the organic HAP content of each coating. Calculate 
the organic HAP content, kg organic HAP per liter coating solids, of 
each coating used during the compliance period, using Equation 2 of 
this section, except that if the mass fraction of organic HAP in the 
coating equals zero, then the organic HAP content also equals zero and 
you are not required to use Equation 2 to calculate the organic HAP 
content.
[GRAPHIC] [TIFF OMITTED] TR23MY03.020

Where:
Hc = Organic HAP content of the coating, kg organic HAP per 
liter coating solids.
Dc = Density of coating, kg coating per liter coating, 
determined according to paragraph (c) of this section.
Wc = Mass fraction of organic HAP in the coating, kg organic 
HAP per kg coating, determined according to paragraph (a) of this 
section.
Vs = Volume fraction of coating solids, liter coating solids 
per liter coating, determined according to paragraph (b) of this 
section.

    (e) Compliance demonstration. The calculated organic HAP content 
for each coating used during the initial compliance period must be less 
than or equal to the applicable emission limit in Sec.  63.4890 and 
each thinner and cleaning material used during the initial compliance 
period must contain no organic HAP, determined according to paragraph 
(a) of this section. You must keep all records required by Sec. Sec.  
63.4930 and 63.4931. As part of the Notification of Compliance Status 
required in Sec.  63.4910(c) and the semiannual compliance reports 
required in Sec.  63.4920, you must identify each coating operation and 
group of coating operations for which you used the compliant material 
option. If there were no deviations from the emission limit, include a 
statement that each was in compliance with the emission limitations 
during the initial compliance period because it used no coatings for 
which the organic HAP content exceeded the applicable emission limit in 
Sec.  63.4890, and it used no thinners or cleaning materials that 
contained organic HAP.


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

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

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


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

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


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

    You may use the emission rate without add-on controls option for 
any individual coating operation, for any group of coating operations 
in the affected source, or for all the coating operations in the 
affected source to demonstrate compliance with an organic HAP emission 
limit. You must use either the compliant material option or the 
emission rate with add-on controls option for any coating operation in 
the affected source for which you do not use this option. To 
demonstrate initial compliance using the emission rate without add-on 
controls option, the coating operation or group of coating operations 
must comply with the applicable emission limit in Sec.  63.4890, but is 
not required to meet the operating limits or work practice standards in 
Sec. Sec.  63.4892 and 63.4893, respectively. You must meet all the 
requirements of this section to demonstrate initial compliance with the 
applicable emission limit in Sec.  63.4890 for the coating operation or 
group of coating operations. When calculating the organic HAP emission 
rate according to this section, do not include any coatings, thinners, 
or cleaning materials used on coating operations for which you use the 
compliant material option or the emission rate with add-on controls 
option. You do not need to include organic HAP in coatings, thinners, 
or cleaning materials that have been reclaimed onsite and reused in the 
coating operation for which you use the emission rate without add-on 
controls option.
    (a) Determine the mass fraction of organic HAP for each material. 
You must determine the mass fraction of organic HAP for each coating, 
thinner, and cleaning material used during the compliance period 
according to the requirements in Sec.  63.4941(a).
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids for 
each coating used during the compliance period according to the 
requirements in Sec.  63.4941(b).
    (c) Determine the density of each material. You must determine the 
density of each coating, thinner, and cleaning material used during the 
compliance period according to the requirements in Sec.  63.4941(c) 
from test results using ASTM Method D1475-90, information from the 
supplier or manufacturer of the material, or reference sources 
providing density or specific gravity data for pure materials. If there 
is disagreement between ASTM Method D1475-90 test results and such 
other information sources, the test results will take precedence.
    (d) Determine the volume of each material used. You must determine 
the volume (liters) of each coating, thinner, and cleaning material 
used during the compliance period by measurement or usage records.
    (e) Calculate the mass of organic HAP emissions. The mass of 
organic HAP emissions is the combined mass of organic HAP contained in 
all coatings, thinners, and cleaning materials used during the 
compliance period minus the organic HAP in certain waste materials.

[[Page 28629]]

Use Equation 1 of this section to calculate the mass of organic HAP 
emissions:
[GRAPHIC] [TIFF OMITTED] TR23MY03.021

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

    (1) Calculate the mass of organic HAP in the coatings used during 
the compliance period, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.022

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

    (2) Calculate the mass of organic HAP in the thinners used during 
the compliance period, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.023

Where:
B = Total mass of organic HAP in the thinners used during the 
compliance period, kg.
Volt,j = Total volume of thinner, j, used during the 
compliance period, liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg 
organic HAP per kg thinner.
n = Number of different thinners used during the compliance period.

    (3) Calculate the mass of organic HAP in the cleaning materials 
used during the compliance period using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.024

Where:
C = Total mass of organic HAP in the cleaning materials used during the 
compliance period, kg.
Vols,k = Total volume of cleaning material, k, used during 
the compliance period, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
kg organic HAP per kg material.
p = Number of different cleaning materials used during the compliance 
period.

    (4) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in the calculation of the total mass of organic HAP emissions 
during the compliance period in Equation 1 of this section, then you 
must determine the total mass of organic HAP in waste materials sent or 
designated for shipment to a hazardous waste TSDF for treatment or 
disposal during each compliance period, according to paragraphs 
(e)(4)(i) through (iv) of this section.
    (i) You may include in the determination of the total mass of 
organic HAP in waste materials sent or designated for shipment to a 
hazardous waste TSDF for treatment or disposal during each compliance 
period only waste materials that are generated by coating operations 
for which you use Equation 1 of this section and that will be treated 
or disposed of by a facility regulated as a TSDF under 40 CFR part 262, 
264, 265, or 266. The TSDF may be either off-site or on-site. You may 
not include in the determination of the total mass of organic HAP in 
waste materials sent or designated for shipment to a hazardous waste 
TSDF for treatment or disposal during each compliance period only waste 
materials that are generated by coating operations the organic HAP 
contained in wastewater, nor the organic HAP contained in any waste 
material reused during the same compliance period.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the compliance period or the amount collected and 
stored during the compliance period and designated for future transport 
to a TSDF. Do not include in your determination of the total mass of 
organic HAP in waste materials sent or designated for shipment to a 
hazardous waste TSDF for treatment or disposal during each compliance 
period only waste materials that are generated by coating operations 
any waste materials sent to a TSDF during a compliance period if you 
have already included them in the amount collected and stored during 
that or a previous compliance period.
    (iii) Determine the total mass of organic HAP contained in the 
waste materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You must document your methodology to determine the amount of 
waste materials and the total mass of organic HAP they contain, as 
required in Sec.  63.4930(h). To the extent that waste manifests 
include this information, they may be used as part of the documentation 
of the amount of waste materials and mass of organic HAP contained in 
them.
    (f) Calculate the total volume of coating solids used. Calculate 
the total volume of coating solids used, which is the combined volume 
of coating solids for all the coatings used during the compliance 
period, using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.025

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

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the compliance period, kg organic HAP per liter 
coating solids used, using Equation 3 of this section:

[[Page 28630]]

[GRAPHIC] [TIFF OMITTED] TR23MY03.026

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

    (h) Compliance demonstration. The calculated organic HAP emission 
rate for the initial compliance period must be less than or equal to 
the applicable emission limit in Sec.  63.4890. You must keep all 
records as required by Sec. Sec.  63.4930 and 63.4931. As part of the 
Notification of Compliance Status required by Sec.  63.4910 and the 
semiannual compliance reports required in Sec.  63.4920, you must 
identify the coating operation or group of coating operations for which 
you used the emission rate without add-on controls option. If there 
were no deviations from the emission limit, include a statement that 
the coating operation or group of coating operations was in compliance 
with the emission limitations during the initial compliance period 
because the organic HAP emission rate was less than or equal to the 
applicable emission limit in Sec.  63.4890, determined according to 
this section.


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

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

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


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

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.4883. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4961(j), you must conduct a performance test of each capture 
system and add-on control device according to Sec. Sec.  63.4963, 
63.4964, and 63.4965, and establish the operating limits required by 
Sec.  63.4892, no later than 180 days after the applicable compliance 
date specified in Sec.  63.4883. For a solvent recovery system for 
which you conduct liquid-liquid material balances according to Sec.  
63.4961(j), you must initiate the first material balance no later than 
180 days after the applicable compliance date specified in Sec.  
63.4883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.4893 no later than the compliance date specified 
in Sec.  63.4883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.4961. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the results of emission capture 
system and add-on control device performance tests conducted according 
to Sec. Sec.  63.4963, 63.4964, and 63.4965; results of liquid-liquid 
material balances conducted according to Sec.  63.4961(j); calculations 
showing whether the organic HAP emission rate for the initial 
compliance period was equal to or less than the emission limit in Sec.  
63.4890; the operating limits established during the performance tests 
and the results of the continuous parameter monitoring required by 
Sec.  63.4967; and documentation of whether you developed and 
implemented the work practice plan required by Sec.  63.4893.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.4892 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(a)(1) of this section. The requirements in this paragraph (a)(4) do 
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances.
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.4883. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4961(j), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Sec. Sec.  63.4963, 63.4964, and 63.4965, and establish the operating 
limits required by Sec.  63.4892, no later than the compliance date 
specified in Sec.  63.4883. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec.  63.4961(j), 
you must initiate the first material balance no later than the 
compliance date specified in Sec.  63.4883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.4893 no later than the compliance date specified 
in Sec.  63.4883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.4961. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4883 and ends on the last day of 
the first full month following the compliance date. The initial 
compliance demonstration includes the results of emission capture 
system and add-on control device performance tests conducted according 
to Sec. Sec.  63.4963, 63.4964, and 63.4965; results of liquid-liquid 
material balances conducted according to Sec.  63.4961(j); calculations 
showing whether the organic HAP

[[Page 28631]]

emission rate for the initial compliance period was equal to or less 
than the emission limit in Sec.  63.4890(c); the operating limits 
established during the performance tests and the results of the 
continuous parameter monitoring required by Sec.  63.4967; and 
documentation of whether you developed and implemented the work 
practice plan required by Sec.  63.4893.


Sec.  63.4961  How do I demonstrate initial compliance?

    (a) When add-on controls are used. You may use the emission rate 
with add-on controls option for any coating operation, for any group of 
coating operations in the affected source, or for all of the coating 
operations in the affected source. You may include both controlled and 
uncontrolled coating operations in a group for which you use this 
option. You must use either the compliant material option or the 
emission rate without add-on controls option for any coating operation 
in the affected source for which you do not use the emission rate with 
add-on controls option. To demonstrate initial compliance, the coating 
operation or group of coating operations for which you use the emission 
rate with add-on controls option must meet the applicable emission 
limit in Sec.  63.4890, and each controlled coating operation must meet 
the operating limits and work practice standards required in Sec. Sec.  
63.4892 and 63.4893, respectively. You must meet all the requirements 
of this section to demonstrate initial compliance with the emission 
limitations. When calculating the organic HAP emission rate according 
to this section, do not include any coatings, thinners, or cleaning 
materials used on coating operations for which you use the compliant 
material option or the emission rate without add-on controls option.
    (b) Compliance with operating limits. Except as provided in Sec.  
63.4960(a)(4), you must establish and demonstrate continuous compliance 
during the initial compliance period with the operating limits required 
by Sec.  63.4892, using the procedures specified in Sec. Sec.  63.4966 
and 63.4967.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.4893 during the initial compliance period, as 
specified in Sec.  63.4930.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (m) of this section to demonstrate compliance 
with the applicable emission limit in Sec.  63.4890.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec.  63.4951(a) through (d) to determine the mass 
fraction of organic HAP, density, and volume of each coating, thinner, 
and cleaning material used during each compliance period and the volume 
fraction of coating solids for each coating used during each compliance 
period.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec.  63.4951, calculate the total mass 
of organic HAP emissions before add-on controls from all coatings, 
thinners, and cleaning materials used during the compliance period.
    (g) Calculate the organic HAP emission reduction for each 
controlled coating operation. Determine the mass of organic HAP 
emissions reduced for each controlled coating operation during each 
compliance period. The emission reduction determination quantifies the 
total organic HAP emissions that pass through the emission capture 
system and are destroyed or removed by the add-on control device. Use 
the procedures in paragraph (h) of this section to calculate the mass 
of organic HAP emission reduction for each controlled coating operation 
using an emission capture system and add-on control device other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances. For each controlled coating operation using a solvent 
recovery system for which you conduct a liquid-liquid material balance, 
use the procedures in paragraph (j) of this section to calculate the 
organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for controlled 
coating operations not using liquid-liquid material balance. For each 
controlled coating operation using an emission capture system and add-
on control device other than a solvent recovery system for which you 
conduct liquid-liquid material balances, calculate the organic HAP 
emission reduction, using Equation 1 of this section. The calculation 
applies the emission capture system efficiency and add-on control 
device efficiency to the mass of organic HAP contained in the coatings, 
thinners, and cleaning materials that are used in the coating operation 
served by the emission capture system and add-on control device during 
the compliance period. For any period of time a deviation specified in 
Sec.  63.4962(c) or (d) occurs in the controlled coating operation, 
including a deviation during a period of startup, shutdown, or 
malfunction, you must assume zero efficiency for the emission capture 
system and add-on control device. Equation 1 of this section treats the 
materials used during such a deviation as if they were used on an 
uncontrolled coating operation for the time period of the deviation:
[GRAPHIC] [TIFF OMITTED] TR23MY03.027

Where:
HR = Mass of organic HAP emission reduction for the 
controlled coating operation during the compliance period, kg.
AI = Total mass of organic HAP in the coatings used in the 
controlled coating operation during the compliance period, excluding 
coatings used during deviations, kg, as calculated in Equation 1A of 
this section.
BI = Total mass of organic HAP in the thinners used in the 
controlled coating operation during the compliance period, excluding 
thinners used during deviations, kg, as calculated in Equation 1B of 
this section.
CI = Total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the compliance period, 
excluding cleaning materials used during deviations, kg, as calculated 
in Equation 1C of this section.
Rw = Total mass of organic HAP in waste materials sent or 
designated for shipment to a hazardous waste TSDF for treatment or 
disposal during the compliance period, kg, determined according to 
Sec.  63.4951(e)(4). The mass of any waste material reused during the 
same compliance period may not be included in Rw. (You may 
assign a

[[Page 28632]]

value of zero to Rw if you do not wish to use this 
allowance.)
CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent. Use the test methods and procedures 
specified in Sec. Sec.  63.4963 and 63.4964 to measure and record 
capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
control device, percent. Use the test methods and procedures in 
Sec. Sec.  63.4963 and 63.4965 to measure and record the organic HAP 
destruction or removal efficiency.
Hunc = Total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in Sec.  
63.4962(c) and (d) that occurred during the compliance period in the 
controlled coating operation, kg, as calculated in Equation 1D of this 
section.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, using Equation 1A of this section. Do not 
include in the calculation the coatings used during any deviation 
specified in Sec.  63.4962(c) or (d) that occurred during the month. 
Include such coatings in the calculation of the total mass of organic 
HAP in the coatings, thinners, and cleaning materials used during all 
deviations that occurred during the compliance period in the controlled 
coating operation in Equation 1D of this section.
[GRAPHIC] [TIFF OMITTED] TR23MY03.028

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

    (2) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation, using Equation 1B of this section. Do not 
include in the calculation the thinners used during any deviation 
specified in Sec.  63.4962(c) or (d) that occurred during the month. 
Include such coatings in the calculation of the total mass of organic 
HAP in the coatings, thinners, and cleaning materials used during all 
deviations that occurred during the compliance period in the controlled 
coating operation in Equation 1D of this section.
[GRAPHIC] [TIFF OMITTED] TR23MY03.029

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

    (3) Calculate the mass of organic HAP in the cleaning materials 
used in the controlled coating operation, using Equation 1C of this 
section. Do not include in the calculation the cleaning materials used 
during any deviation specified in Sec.  63.4962(c) or (d) that occurred 
during the compliance period. Include such cleaning materials in the 
calculation of the total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations that occurred during 
the compliance period in the controlled coating operation in Equation 
1D of this section.
[GRAPHIC] [TIFF OMITTED] TR23MY03.030

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

    (4) Calculate the mass of organic HAP in the coatings, thinners, 
and cleaning materials used in the controlled coating operation during 
deviations specified in Sec.  63.4962(c) and (d), using Equation 1D of 
this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.031

Where:
Hunc = Total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in Sec.  
63.4962(c) and (d) that occurred during the compliance period in the 
controlled coating operation, kg.
Volh = Total volume of coating, thinner, or cleaning 
material, h, used in the controlled coating operation during 
deviations, liters.
Dh = Density of coating, thinner, or cleaning material, h, 
kg per liter.
Wh = Mass fraction of organic HAP in coating, thinner, or 
cleaning material, h, kg organic HAP per kg coating.
q = Number of different coatings, thinning solvents, or cleaning 
materials.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for controlled 
coating operations using liquid-liquid material balance. For each 
controlled coating operation using a solvent recovery system for which 
you conduct liquid-liquid material balances, calculate the organic HAP 
emission reduction by applying the volatile organic matter collection 
and recovery efficiency to the mass of organic HAP contained in the 
coatings, thinners, and cleaning materials that are used in the coating 
operation controlled by the solvent recovery system during the 
compliance period. Perform a liquid-liquid material balance for each 
compliance period as specified in paragraphs (j)(1) through (6) of this 
section. Calculate the mass of organic HAP emission reduction by the 
solvent recovery system as specified in paragraph (j)(7) of this 
section.
    (1) For each solvent recovery system, you must install, calibrate, 
maintain, and operate according to the manufacturer's specifications, a 
device that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each compliance period. The 
device must be initially certified by the manufacturer to be accurate 
to within +/-2.0 percent of the mass of volatile organic matter 
recovered.
    (2) For each solvent recovery system, determine the mass of 
volatile organic matter recovered for the compliance period, based on 
measurement with the device required in paragraph (j)(1) of this 
section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner, and cleaning material used in the coating operation 
controlled by the solvent recovery system during the compliance period. 
You may determine the volatile organic matter mass fraction using 
Method 24 of 40 CFR part 60, appendix A, or an EPA-approved alternative 
method, or you may use

[[Page 28633]]

information provided by the manufacturer or supplier of the coating. In 
the event of any inconsistency between information provided by the 
manufacturer or supplier and the results of Method 24 of 40 CFR part 
60, appendix A, or an approved alternative method, the test method 
results will govern.
    (4) Determine the density of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period according to Sec.  
63.4951(c).
    (5) Measure the volume of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the compliance period.
    (6) For each compliance period, calculate the solvent recovery 
system's volatile organic matter collection and recovery efficiency, 
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.032

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

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
compliance period, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.033

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

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TR23MY03.034

Where:
ACSR = Total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system during the 
month, kg.
Volc,i = Total volume of coating, i, used during the month 
in the coating operation controlled by the solvent recovery system, 
liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg 
organic HAP per kg coating.
m = Number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, using 
Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.035

Where:
BCSR = Total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system during the 
month, kg.
Volt,j = Total volume of thinner, j, used during the month 
in the coating operation controlled by the solvent recovery system, 
liters.
Dt,j = Density of thinner, j, kg thinner per liter thinner.
Wt,j = Mass fraction of organic HAP in thinner, j, kg 
organic HAP per kg thinner.
n = Number of different thinners used.


[[Page 28634]]


    (iii) Calculate the mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, using Equation 3C of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.036

Where:
CCSR = Total mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, kg.
Vols,k = Total volume of cleaning material, k, used during 
the month in the coating operation controlled by the solvent recovery 
system, liters.
Ds,k = Density of cleaning material, k, kg cleaning material 
per liter cleaning material.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
kg organic HAP per kg cleaning material.
p = Number of different cleaning materials used.

    (k) Calculate the total volume of coating solids used. Calculate 
the total volume of coating solids used, which is the combined volume 
of coating solids for all the coatings used during the compliance 
period, using Equation 2 of Sec.  63.4951.
    (l) Calculate the organic HAP emissions rate. Calculate the organic 
HAP emission rate to the atmosphere, using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.037

Where:
Hhap = Organic HAP emission rate for the compliance period, 
kg organic HAP per liter coating solids.
He = Total mass of organic HAP emissions before add-on 
controls from all the coatings, thinners, and cleaning materials used 
during the compliance period, kg, determined according to paragraph (f) 
of this section.
HR,i = Total mass of organic HAP emission reduction for 
controlled coating operation, i, not using liquid-liquid material 
balances, during the compliance period, kg, from Equation 1 of this 
section.
HCSR,j = Total mass of organic HAP emission reduction for 
controlled coating operation, j, using a liquid-liquid material 
balance, during the compliance period, kg, from Equation 3 of this 
section.
Vst = Total volume of coating solids used during the 
compliance period, liters, from Equation 2 of Sec.  63.4951.
q = Number of controlled coating operations except those controlled 
with a solvent recovery system.
r = Number of coating operations controlled with a solvent recovery 
system.
    (m) Compliance demonstration. To demonstrate initial compliance 
with the emission limit during the compliance period as calculated 
using Equation 4 of this section, the HAP emission rate for the 
compliance period must be less than or equal to the applicable emission 
limit in Sec.  63.4890. You must keep all records as required by 
Sec. Sec.  63.4930 and 63.4931. As part of the Notification of 
Compliance Status required by Sec.  63.4910 and the semiannual 
compliance reports required in Sec.  63.4920, you must identify the 
coating operation or group of coating operations for which you used the 
emission rate with add-on controls option. If there were no deviations 
from the emission limit, include a statement that the coating operation 
or group of coating operations was in compliance with the emission 
limitations during the initial compliance period because the organic 
HAP emission rate was less than or equal to the applicable emission 
limit in Sec.  63.4890, and you achieved the operating limits required 
by Sec.  63.4892 and the work practice standards required by Sec.  
63.4893.


Sec.  63.4962  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) Following the initial compliance period, you must complete a 
compliance demonstration according to the requirements in Sec.  
63.4961(m) for each subsequent compliance period. Each month following 
the initial compliance period described in Sec.  63.4960 is a 
compliance period.
    (b) If the organic HAP emission rate for any compliance period 
exceeded the applicable emission limit in Sec.  63.4890, this is a 
deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec.  63.4910(c)(6) and 
63.4920(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.4892 that applies to you, as specified in 
Table 1 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating 
limit that must be reported as specified in Sec. Sec.  63.4910(c)(6) 
and 63.4920(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Sec.  63.4961, you 
must treat the materials used during a deviation on a controlled 
coating operation as if they were used on an uncontrolled coating 
operation for the time period of the deviation, as indicated in 
Equation 1 of Sec.  63.4961.
    (d) You must meet the requirements for bypass lines in Sec.  
63.4967(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when the coating operation 
is running, this is a deviation that must be reported as specified in 
Sec. Sec.  63.4910(c)(6) and 63.4920(a)(7). For the purposes of 
completing the compliance calculations in Sec.  63.4961, you must treat 
the materials used during a deviation on a controlled coating operation 
as if they were used on an uncontrolled coating operation for the time 
period of the deviation, as indicated in Equation 1 of Sec.  63.4961.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.4893. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec.  63.4930(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec.  63.4910(c)(6) and 63.4920(a)(7).
    (f) As part of each semiannual compliance report required in Sec.  
63.4920, you must identify the coating operation or group of coating 
operations for which you used the emission rate with add-on controls 
option. If there were no deviations from the emission limitations, 
submit an affirmative statement that you were in compliance with the 
emission limitations during the reporting period because the organic 
HAP emission rate for each compliance period was less than or equal to 
the applicable emission limit in Sec.  63.4890, and you achieved the 
operating limits required by Sec.  63.4892 and the work practice 
standards required by Sec.  63.4893 during each compliance period.
    (g) During periods of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency, you must 
operate in

[[Page 28635]]

accordance with the SSMP required by Sec.  63.4900(c).
    (h) [Reserved]
    (i) You must maintain records as specified in Sec. Sec.  63.4930 
and 63.4931.


Sec.  63.4963  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.4960 according to the requirements in Sec.  63.7(e)(1) and under the 
conditions in this section unless you obtain a waiver of the 
performance test according to the provisions in Sec.  63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or malfunction, and during periods of nonoperation do not 
constitute representative conditions. You must record the process 
information that is necessary to document operating conditions during 
the test and explain why the conditions represent normal operation.
    (2) Representative emission capture system and add-on control 
device operating conditions. You must conduct the performance test when 
the emission capture system and add-on control device are operating at 
a representative flow rate, and the add-on control device is operating 
at a representative inlet concentration. You must record information 
that is necessary to document emission capture system and add-on 
control device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec.  63.4964. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.4965.
    (c) The performance test to determine add-on control device organic 
HAP destruction or removal efficiency must consist of three runs as 
specified in Sec.  63.7(e)(3) and each run must last at least 1 hour.


Sec.  63.4964  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required 
by Sec.  63.4960.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from 
the enclosure to an add-on control device.
    (2) All coatings, thinners, and cleaning materials used in the 
coating operation are applied within the capture system; coating 
solvent flash-off and coating, curing, and drying occurs within the 
capture system; and the removal of or evaporation of cleaning materials 
from the surfaces they are applied to occurs within the capture system. 
For example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of production, which includes surface preparation activities 
and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners, and cleaning 
materials are applied, and all areas where emissions from these applied 
coatings and materials subsequently occur, such as flash-off, curing, 
and drying areas. The areas of the coating operation where capture 
devices collect emissions for routing to an add-on control device, such 
as the entrance and exit areas of an oven or spray booth, must also be 
inside the enclosure. The enclosure must meet the applicable definition 
of a temporary total enclosure or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction, kg TVH per kg material, of TVH liquid 
input from each coating, thinner, and cleaning material used in the 
coating operation during each capture efficiency test run. To make the 
determination, substitute TVH for each occurrence of the term VOC in 
the methods.
    (3) Use Equation 1 of this section to calculate the mass of TVH 
liquid input from all the coatings, thinners, and cleaning materials 
used in the coating operation during each capture efficiency test run:
[GRAPHIC] [TIFF OMITTED] TR23MY03.038

Where:
TVHused = Mass of liquid total volatile hydrocarbons in 
materials used in the coating operation during the capture efficiency 
test run, lb.
TVHi = Mass fraction of TVH in coating, thinner, or cleaning 
material, i, that is used in the coating operation during the capture 
efficiency test run, kg TVH per kg material.
Voli = Total volume of coating, thinner, or cleaning 
material, i, used in the coating operation during the capture 
efficiency test run, liters.
Di = Density of coating, thinner, or cleaning material, i, 
kg material per liter material.
n = Number of different coatings, thinners, and cleaning materials used 
in the coating operation during the capture efficiency test run.

    (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure 
the total mass of TVH emissions that are not captured by the emission 
capture system; they are measured as they exit the temporary total 
enclosure or building enclosure during each capture efficiency test 
run. To make the measurement, substitute TVH for each occurrence of the 
term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined,

[[Page 28636]]

must be shut down, but all fans and blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.039

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

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners, and cleaning 
materials are applied, and all areas where emissions from these applied 
coatings and materials subsequently occur, such as flash-off, curing, 
and drying areas. The areas of the coating operation where capture 
devices collect emissions generated by the coating operation for 
routing to an add-on control device, such as the entrance and exit 
areas of an oven or a spray booth, must also be inside the enclosure. 
The enclosure must meet the applicable definition of a temporary total 
enclosure or building enclosure in Method 204 of appendix M to 40 CFR 
part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass of TVH emissions captured by the emission 
capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C measurement 
must be upstream from the add-on control device and must represent 
total emissions routed from the capture system and entering the add-on 
control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass of TVH emissions that are not captured by the 
emission capture system; they are measured as they exit the temporary 
total enclosure or building enclosure during each capture efficiency 
test run. To make the measurement, substitute TVH for each occurrence 
of the term VOC in the methods.
    (i) Use Method 204D if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system, using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.040

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

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


Sec.  63.4965  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec.  63.4960. 
You must conduct three test runs as specified in Sec.  63.7(e)(3), and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as

[[Page 28637]]

appropriate, for gas analysis to determine dry molecular weight. You 
may also use as an alternative to Method 3B, the manual method for 
measuring the oxygen, carbon dioxide, and carbon monoxide content of 
exhaust gas in ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas 
Analyses [Part 10, Instruments and Apparatus]'' (incorporated by 
reference, see Sec.  63.14).
    (4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack 
gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified 
in paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be more 
than 50 parts per million (ppm) at the control device outlet.
    (2) Use Method 25A if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be 50 
ppm or less at the control device outlet.
    (3) Use Method 25A if the add-on control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator 
with an outlet for the high-volume, dilute stream that has been treated 
by the concentrator, and a second add-on control device is an oxidizer 
with an outlet for the low-volume, concentrated stream that is treated 
with the oxidizer, you must measure emissions at the outlet of the 
oxidizer and the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and the outlet of the add-on 
control device, using Equation 1 of this section. If there is more than 
one inlet or outlet to the add-on control device, you must calculate 
the total gaseous organic mass flow rate using Equation 1 of this 
section for each inlet and each outlet and then total all of the inlet 
emissions and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR23MY03.041

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

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR23MY03.042

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

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


Sec.  63.4966  How do I establish the emission capture system and add-
on control device operating limits during the performance test?

    During the performance test required by Sec.  63.4960 and described 
in Sec. Sec.  63.4963, 63.4964, and 63.4965, you must establish the 
operating limits required by Sec.  63.4892 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.4892.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained 
during the performance test. These are the minimum operating limits for 
your catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet 
to the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and,

[[Page 28638]]

as necessary, adjust the equipment to assure proper air-to-fuel 
mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must replace the catalyst bed or take 
corrective action consistent with the manufacturer's recommendations 
and conduct a new performance test to determine destruction efficiency 
according to Sec.  63.4965.
    (c) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (c)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
and the carbon bed temperature after each carbon bed regeneration and 
cooling cycle, for the regeneration cycle either immediately preceding 
or immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle 
and the maximum carbon bed temperature recorded after the cooling 
cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) 
of this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser.
    (e) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec.  63.4964(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (e)(1) and (2) of this section. 
The operating limit for a PTE is specified in Table 1 to this subpart.
    (1) During the capture efficiency determination required by Sec.  
63.4960 and described in Sec. Sec.  63.4963 and 63.4964, you must 
monitor and record either the gas volumetric flow rate or the duct 
static pressure for each separate capture device in your emission 
capture system at least once every 15 minutes during each of the three 
test runs at a point in the duct between the capture device and the 
add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device.
    (f) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (f)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.
    (g) Bioreactors. If you are using a bioreactor, you must comply 
with the provisions for the use of an alternative monitoring method as 
set forth in 40 CFR 63.8(f).


Sec.  63.4967  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

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

[[Page 28639]]

divert the emissions away from the add-on control device to the 
atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass 
line valve in the closed position with a car-seal or a lock-and-key 
type configuration. You must visually inspect the seal or closure 
mechanism at least once every month to ensure that the valve is 
maintained in the closed position, and the emissions are not diverted 
away from the add-on control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve 
is in the closed (nondiverting) position through monitoring of valve 
position at least once every 15 minutes. You must inspect the 
monitoring system at least once every month to verify that the monitor 
will indicate valve position.
    (iv) Automatic shutdown system. Use an automatic shutdown system in 
which the coating operation is stopped when flow is diverted by the 
bypass line away from the add-on control device to the atmosphere when 
the coating operation is running. You must inspect the automatic 
shutdown system at least once every month to verify that it will detect 
diversions of flow and shut down the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec.  63.4920.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor in 
the gas stream immediately before the catalyst bed, and if you are 
establishing operating limits according to Sec.  63.4966(b)(1) and (2), 
also install a gas temperature monitor in the gas stream immediately 
after the catalyst bed.
    (3) For each gas temperature monitoring device, you must meet the 
requirements in paragraphs (a) and (c)(3)(i) through (vi) of this 
section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with an accuracy of at least 5 
degrees Fahrenheit or 1.0 percent of the temperature value, whichever 
is larger.
    (iii) Perform an initial calibration according to the 
manufacturer's requirements.
    (iv) Before using the sensor for the first time or upon relocation 
or replacement of the sensor, perform a validation check by comparing 
the sensor output to a calibrated temperature measurement device or by 
comparing the sensor output to a simulated temperature.
    (v) Conduct an accuracy audit every quarter and after every 24 hour 
excursion. Accuracy audit methods include comparisons of sensor output 
to redundant temperature sensors, to calibrated temperature measurement 
devices, or to temperature simulation devices.
    (vi) Conduct a visual inspection of each sensor every quarter if 
redundant temperature sensors are not used.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
the carbon bed temperature after each regeneration and cooling cycle, 
and comply with paragraphs (a)(3) through (5) and (d)(1) through (3) of 
this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent, capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must be capable of recording 
the temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (3) For all carbon adsorbers, you must meet the requirements in 
paragraphs (c)(3)(i) through (vi) of this section for each gas 
temperature monitoring device.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The temperature monitor must provide a gas temperature record 
at least once every 15 minutes.
    (2) For all condensers, you must meet the requirements in 
paragraphs (c)(3)(i) through (vi) of this section for each gas 
temperature monitoring device.
    (f) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (f)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the 
requirements in paragraphs (a) and (f)(1)(i) through (vii) of this 
section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Use a flow sensor with an accuracy of at least 10 percent of 
the flow.
    (iii) Perform an initial sensor calibration in accordance with the 
manufacturer's requirements.
    (iv) Perform a validation check before initial use or upon 
relocation or replacement of a sensor. Validation checks include 
comparison of sensor values with electronic signal simulations or via 
relative accuracy testing.
    (v) Perform accuracy audits every quarter and after every 24 hour 
excursion. Accuracy audits include comparison of sensor values with 
electronic signal simulations or with values obtained via relative 
accuracy testing.
    (vi) Perform leak checks monthly.
    (vii) Perform visual inspections of the sensor system quarterly if 
there is no redundant sensor.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (f)(2)(i) through (vii) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Use a pressure sensor with an accuracy of at least 0.5 inches 
of water column or 5 percent of the measured value, whichever is 
larger.
    (iii) Perform an initial calibration of the sensor according to the 
manufacturer's requirements.
    (iv) Conduct a validation check before initial operation or upon 
relocation or replacement of the sensor. Validation checks include 
comparison of the sensor values to calibrated pressure measurement 
devices or to pressure simulation using calibrated pressure sources.
    (v) Conduct accuracy audits every quarter and after every 24 hour 
excursion. Accuracy audits include comparison of sensor values to 
calibrated pressure measurement devices or to pressure simulation using 
calibrated pressure sources.
    (vi) Perform monthly leak checks on pressure connections. A 
pressure of at least 1.0 inches of water column to the

[[Page 28640]]

connection must yield a stable sensor result for at least 15 seconds.
    (vii) Perform a visual inspection of the sensor at least monthly if 
there is no redundant sensor.
    (g) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (a) and (g)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in 
paragraphs (a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (f)(2) of this section.

Other Requirements and Information


Sec.  63.4980  Who implements and enforces this subpart?

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


Sec.  63.4981  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
and in this section as follows:
    Add-on control means an air pollution control device such as a 
thermal oxidizer or carbon adsorber that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to 
collect emissions generated by a coating operation in the use of 
coatings or cleaning materials, both at the point of application and at 
subsequent points where emissions from the coatings and cleaning 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
coating operation are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting), from a substrate before or after coating 
application or from equipment associated with a coating operation, such 
as spray booths, spray guns, racks, tanks, and hangers. Thus, it 
includes any cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, and maskants. 
Decorative, protective, or functional materials that consist only of 
protective oils for metal, acids, bases, or any combination of these 
substances are not considered coatings for the purposes of this 
subpart.
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application or to remove dried 
or wet coating (surface preparation); to apply coating to a substrate 
(coating application) and to dry or cure the coating after application; 
and to clean coating operation equipment (equipment cleaning). A single 
coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a coating or 
cleaning material is applied and all subsequent points in the affected 
source where organic HAP emissions from that coating or cleaning 
material occur. There may be multiple coating operations in an affected 
source. Coating application with hand-held nonrefillable aerosol 
containers, touchup markers, or marking pens is not a coating operation 
for the purposes of this subpart.
    Coating solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of coating operation, or 
capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart including, but not limited to, any emission limit, or operating 
limit, or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limit, or operating limit, or work 
practice standard in this subpart during startup, shutdown, or 
malfunction, regardless of whether or not such failure is allowed by 
this subpart.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions 
and captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds 
are listed in 40 CFR 51.100(s).
    Facility maintenance means the routine repair or renovation 
(including surface coating) of the tools, equipment, machinery, and 
structures that comprise

[[Page 28641]]

the infrastructure of the affected facility and that are necessary for 
the facility to function in its intended capacity.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified 
in Sec.  63.4941(a)(1) through (3). Manufacturer's formulation data may 
include, but are not limited to, information on density, organic HAP 
content, volatile organic matter content, and coating solids content.
    Mass fraction of coating solids means the ratio of the mass of 
coating solids to the mass of a coating in which it is contained, 
expressed as kg of coating solids per kg of coating.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days 
to 35 days to allow for flexibility in recordkeeping when data are 
based on a business accounting period.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating, calculated using Equation 2 of Sec.  
63.4941. The organic HAP content is determined for the coating in the 
condition it is in when received from its manufacturer or supplier and 
does not account for any alteration after receipt.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Startup, initial means the first time equipment is brought online 
in a facility.
    Surface preparation means use of a cleaning material on a portion 
of or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called ``depainting'' or 
``paint stripping,'' for the purpose of preparing a substrate for 
coating application.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from 
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating, expressed as liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or 
discharged.

Tables to Subpart RRRR of Part 63

  Table 1 to Subpart RRRR of Part 63.--Operating Limits if Using the Emission Rate With Add-on Controls Option
   [If you are required to comply with operating limits by Sec.   63.4892, you must comply with the applicable
                                    operating limits in the following table:]
----------------------------------------------------------------------------------------------------------------
                                                                             and you must demonstrate continuous
   For the following device . . .    you must meet the following operating   compliance with the operating limit
                                                  limit . . .                             by . . .
----------------------------------------------------------------------------------------------------------------
1. thermal oxidizer................  a. the average combustion temperature  i. collecting the combustion
                                      in any 3-hour period must not fall     temperature data according to Sec.
                                      below the combustion temperature        63.4967(c);
                                      limit established according to Sec.   ii. reducing the data to 3-hour
                                       63.4966(a).                           block averages; and
                                                                            iii. maintaining the 3-hour average
                                                                             combustion temperature at or above
                                                                             the temperature limit.
2. catalytic oxidizer..............  a. the average temperature measured    i. collecting the temperature data
                                      just before the catalyst bed in any    according to Sec.   63.4967(c);
                                      3-hour period must not fall below     ii. reducing the data to 3-hour
                                      the limit established according to     block averages; and
                                      Sec.   63.4966(b); and either         iii. maintaining the 3-hour average
                                                                             temperature before the catalyst bed
                                                                             at or above the temperature limit.
                                     b. ensure that the average             i. collecting the temperature data
                                      temperature difference across the      according to Sec.   63.4967(c);
                                      catalyst bed in any 3-hour period     ii. reducing the data to 3-hour
                                      does not fall below the temperature    block averages; and
                                      difference limit established          iii. maintaining the 3-hour average
                                      according to Sec.   63.4966(b), or     temperature difference at or above
                                                                             the temperature difference limit.

[[Page 28642]]

 
                                     c. develop and implement an            i. maintaining an up-to-date
                                      inspection and maintenance plan        inspection and maintenance plan,
                                      according to Sec.   63.4966(b)(3)      records of annual catalyst activity
                                      and (4).                               checks, records of monthly
                                                                             inspections of the oxidizer system,
                                                                             and records of the annual internal
                                                                             inspections of the catalyst bed. If
                                                                             a problem is discovered during a
                                                                             monthly or annual inspection
                                                                             required by Sec.   63.4966(b)(4),
                                                                             you must take corrective action as
                                                                             soon as practicable consistent with
                                                                             the manufacturer's recommendations.
3. carbon adsorber.................  a. the total regeneration desorbing    i. measuring the total regeneration
                                      gas (e.g., steam or nitrogen) mass     desorbing gas (e.g., steam or
                                      flow for each carbon bed               nitrogen) mass flow for each
                                      regeneration cycle must not fall       regeneration cycle according Sec.
                                      below the total regeneration           63.4967(d); and
                                      desorbing gas mass flow limit         ii. maintaining the total
                                      established according to Sec.          regeneration desorbing gas mass
                                      63.4966(c).                            flow at or above the mass flow
                                                                             limit.
                                     b. the temperature of the carbon bed   i. measuring the temperature of the
                                      after completing each regeneration     carbon bed after completing each
                                      and any cooling cycle must not         regeneration and any cooling cycle
                                      exceed the carbon bed temperature      according to Sec.   63.4967(d); and
                                      limit established according to Sec.   ii. operating the carbon beds such
                                       63.4966(c).                           that each carbon bed is not
                                                                             returned to service until
                                                                             completing each regeneration and
                                                                             any cooling cycle until the
                                                                             recorded temperature of the carbon
                                                                             bed is at or below the temperature
                                                                             limit.
4. condenser.......................  a. the average condenser outlet        i. collecting the condenser outlet
                                      (product side) gas temperature in      (product side) gas temperature
                                      any 3-hour period must not exceed      according to Sec.   63.4967(e);
                                      the temperature limit established     ii. reducing the data to 3-hour
                                      according to Sec.   63.4966(d).        block averages; and
                                                                            iii. maintaining the 3-hour average
                                                                             gas temperature at the outlet at or
                                                                             below the temperature limit.
5. emission capture system that is   a. the direction of the air flow at    i. collecting the direction of air
 a PTE according to Sec.              all times must be into the             flow, and either the facial
 63.4964(a).                          enclosure; and either                  velocity of air through all natural
                                                                             draft openings according to Sec.
                                                                             63.4967(f)(1) or the pressure drop
                                                                             across the enclosure according to
                                                                             Sec.   63.4967(f)(2); and
                                                                            ii. maintaining the facial velocity
                                                                             of air flow through all natural
                                                                             draft openings or the pressure drop
                                                                             at or above the facial velocity
                                                                             limit or pressure drop limit, and
                                                                             maintaining the direction of air
                                                                             flow into the enclosure at all
                                                                             times.
                                     b. the average facial velocity of air  i. collecting the direction of air
                                      through all natural draft openings     flow, and either the facial
                                      in the enclosure must be at least      velocity of air through all natural
                                      200 feet per minute; or                draft openings according to Sec.
                                                                             63.4967(f)(1) or the pressure drop
                                                                             across the enclosure according to
                                                                             Sec.   63.4967(f)(2); and
                                                                            ii. maintaining the facial velocity
                                                                             of air flow through all natural
                                                                             draft openings or the pressure drop
                                                                             at or above the facial velocity
                                                                             limit or pressure drop limit, and
                                                                             maintaining the direction of air
                                                                             flow into the enclosure at all
                                                                             times.
                                     c. the pressure drop across the        i. collecting the direction of air
                                      enclosure must be at least 0.007       flow, and either the facial
                                      inch H2O, as established in Method     velocity of air through all natural
                                      204 of appendix M to 40 CFR part 51.   draft openings according to Sec.
                                                                             63.4967(f)(1) or the pressure drop
                                                                             across the enclosure according to
                                                                             Sec.   63.4967(f)(2); and
                                                                            ii. maintaining the facial velocity
                                                                             of air flow through all natural
                                                                             draft openings or the pressure drop
                                                                             at or above the facial velocity
                                                                             limit or pressure drop limit, and
                                                                             maintaining the direction of air
                                                                             flow into the enclosure at all
                                                                             times.
6. emission capture system that is   a. the average gas volumetric flow     i. collecting the gas volumetric
 not a PTE according to Sec.          rate or duct static pressure in each   flow rate or duct static pressure
 63.4964(a).                          duct between a capture device and      for each capture device according
                                      add-on control device inlet in any 3-  to Sec.   63.4967(f);
                                      hour period must not fall below the   ii. reducing the data to 3-hour
                                      average volumetric flow rate or duct   block averages; and
                                      static pressure limit established     iii. maintaining the 3-hour average
                                      for that capture device according to   gas volumetric flow rate or duct
                                      Sec.   63.4966(e).                     static pressure for each capture
                                                                             device at or above the gas
                                                                             volumetric flow rate or duct static
                                                                             pressure limit.

[[Page 28643]]

 
7. concentrators, including zeolite  a. the average gas temperature of the  i. collecting the temperature data
 wheels and rotary carbon adsorbers.  desorption concentrate stream in any   according to Sec.   63.4967(g);
                                      3-hour period must not fall below     ii. reducing the data to 3-hour
                                      the limit established according to     block averages; and
                                      Sec.   63.4966(f).                    iii. maintaining the 3-hour average
                                                                             temperature at or above the
                                                                             temperature limit.
                                     b. the average pressure drop of the    i. collecting the pressure drop data
                                      dilute stream across the               according to Sec.   63.4967(g);
                                      concentrator in any 3-hour period     ii. reducing the pressure drop data
                                      must not fall below the limit          to 3-hour block averages; and
                                      established according to Sec.         iii. maintaining the 3-hour average
                                      63.4966(f).                            pressure drop at or above the
                                                                             pressure drop
8. bioreactor systems..............  a. the use of an alternative
                                      monitoring method as set forth in
                                      Sec.   63.8(f)
----------------------------------------------------------------------------------------------------------------


            Table 2 to Subpart RRRR of Part 63.--Applicability of General Provisions to Subpart RRRR
     [You must comply with the applicable General Provisions requirements according to the following table:]
----------------------------------------------------------------------------------------------------------------
                Citation                        Subject            Applicable to subpart         Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(14).................  General Applicability  Yes.
Sec.   63.1(b)(1)-(3)..................  Initial Applicability  Yes.......................  Applicability to
                                          Determination.                                     subpart RRRR is
                                                                                             also specified in
                                                                                             Sec.   63.4881.
Sec.   63.1(c)(1)......................  Applicability After    Yes.
                                          Standard Established.
Sec.   63.1(c)(2)-(3)..................  Applicability of       No........................  Area sources are not
                                          Permit Program for                                 subject to subpart
                                          Area Sources.                                      RRRR.
Sec.   63.1(c)(4)-(5)..................  Extensions and         Yes.
                                          Notifications.
Sec.   63.1(e).........................  Applicability of       Yes.
                                          Permit Program
                                          Before Relevant
                                          Standard is Set.
Sec.   63.2............................  Definitions..........  Yes.......................  Additional
                                                                                             definitions are
                                                                                             specified in Sec.
                                                                                             63.4981.
Sec.   63.3(a)-(c).....................  Units and              Yes.
                                          Abbreviations.
Sec.   63.4(a)(1)-(5)..................  Prohibited Activities  Yes.
Sec.   63.4(b)-(c).....................  Circumvention/         Yes.
                                          Severability.
Sec.   63.5(a).........................  Construction/          Yes.
                                          Reconstruction.
Sec.   63.5(b)(1)-(6)..................  Requirements for       Yes.
                                          Existing, Newly
                                          Constructed, and
                                          Reconstructed
                                          Sources.
Sec.   63.5(d).........................  Application for        Yes.
                                          Approval of
                                          Construction/
                                          Reconstruction.
Sec.   63.5(e).........................  Approval of            Yes.
                                          Construction/
                                          Reconstruction.
Sec.   63.5(f).........................  Approval of            Yes.
                                          Construction/
                                          Reconstruction Based
                                          on Prior State
                                          Review.
Sec.   63.6(a).........................  Compliance With        Yes.
                                          Standards and
                                          Maintenance
                                          Requirements--Applic
                                          ability.
Sec.   63.6(b)(1)-(7)..................  Compliance Dates for   Yes.......................  Section 63.4883
                                          New and                                            specifies the
                                          Reconstructed                                      compliance dates.
                                          Sources.
Sec.   63.6(c)(1)-(5)..................  Compliance Dates for   Yes.......................  Section 63.4883
                                          Existing Sources.                                  specifies the
                                                                                             compliance dates.
Sec.   63.6(e)(1)-(2)..................  Operation and          Yes.
                                          Maintenance.
Sec.   63.6(e)(3)......................  SSMP.................  Yes.......................  Only sources using
                                                                                             an add-on control
                                                                                             device to comply
                                                                                             with the standard
                                                                                             must complete SSMP.
Sec.   63.6(f)(1)......................  Compliance Except      Yes.......................  Applies only to
                                          During Startup,                                    sources using an
                                          Shutdown, and                                      add-on control
                                          Malfunction.                                       device to comply
                                                                                             with the standards.
Sec.   63.6(f)(2)-(3)..................  Methods for            Yes.
                                          Determining
                                          Compliance.
Sec.   63.6(g)(1)-(3)..................  Use of Alternative     Yes.
                                          Standards.
Sec.   63.6(h).........................  Compliance With        No........................  Subpart RRRR does
                                          Opacity/Visible                                    not establish
                                          Emission Standards.                                opacity standards
                                                                                             and does not
                                                                                             require continuous
                                                                                             opacity monitoring
                                                                                             systems (COMS).
Sec.   63.6(i)(1)-(16).................  Extension of           Yes.
                                          Compliance.
Sec.   63.6(j).........................  Presidential           Yes.
                                          Compliance Exemption.
Sec.   63.7(a)(1)......................  Performance Test       Yes.......................  Applies to all
                                          Requirements--Applic                               affected sources
                                          ability.                                           using an add-on
                                                                                             control device to
                                                                                             comply with the
                                                                                             standards.
                                                                                             Additional
                                                                                             requirements for
                                                                                             performance testing
                                                                                             are specified in
                                                                                             Sec.  Sec.
                                                                                             63.4963, 63.4964,
                                                                                             and 63.4965.

[[Page 28644]]

 
Sec.   63.7(a)(2)......................  Performance Test       Yes.......................  Applies only to
                                          Requirements--Dates.                               performance tests
                                                                                             for capture system
                                                                                             and control device
                                                                                             efficiency at
                                                                                             sources using these
                                                                                             to comply with the
                                                                                             standards. Section
                                                                                             63.4960 specifies
                                                                                             the schedule for
                                                                                             performance test
                                                                                             requirements that
                                                                                             are earlier than
                                                                                             those specified in
                                                                                             Sec.   63.7(a)(2).
Sec.   63.7(a)(3)......................  Performance Tests      Yes.
                                          Required by the
                                          Administrator.
Sec.   63.7(b)-(e).....................  Performance Test       Yes.......................  Applies only to
                                          Requirements--Notifi                               performance tests
                                          cation, Quality                                    for capture system
                                          Assurance,                                         and add-on control
                                          Facilities Necessary                               device efficiency
                                          Safe Testing,                                      at sources using
                                          Conditions During                                  these to comply
                                          Test.                                              with the standards.
Sec.   63.7(f).........................  Performance Test       Yes.......................  Applies to all test
                                          Requirements--Use of                               methods except
                                          Alternative Test                                   those used to
                                          Method.                                            determine capture
                                                                                             system efficiency.
Sec.   63.7(g)-(h).....................  Performance Test       Yes.......................  Applies only to
                                          Requirements--Data                                 performance tests
                                          Analysis,                                          for capture system
                                          Recordkeeping,                                     and add-on control
                                          Reporting, Waiver of                               device efficiency
                                          Test.                                              at sources using
                                                                                             these to comply
                                                                                             with the standards.
Sec.   63.8(a)(1)-(3)..................  Monitoring             Yes.......................  Applies only to
                                          Requirements--Applic                               monitoring of
                                          ability.                                           capture system and
                                                                                             add-on control
                                                                                             device efficiency
                                                                                             at sources using
                                                                                             these to comply
                                                                                             with the standards.
                                                                                             Additional
                                                                                             requirements for
                                                                                             monitoring are
                                                                                             specified in Sec.
                                                                                             63.4967.
Sec.   63.8(a)(4)......................  Additional Monitoring  No........................  Subpart RRRR does
                                          Requirements.                                      not have monitoring
                                                                                             requirements for
                                                                                             flares.
Sec.   63.8(b).........................  Conduct of Monitoring  Yes.
Sec.   63.8(c)(1)-(3)..................  Continuous Monitoring  Yes.......................  Applies only to
                                          System (CMS)                                       monitoring of
                                          Operation and                                      capture system and
                                          Maintenance.                                       add-on control
                                                                                             device efficiency
                                                                                             at sources using
                                                                                             these to comply
                                                                                             with the standards.
                                                                                             Additional
                                                                                             requirements for
                                                                                             CMS operations and
                                                                                             maintenance are
                                                                                             specified in Sec.
                                                                                             63.4967.
Sec.   63.8(c)(4)......................  CMS..................  No........................  Section 63.4967
                                                                                             specifies the
                                                                                             requirements for
                                                                                             the operation of
                                                                                             CMS for capture
                                                                                             systems and add-on
                                                                                             control devices at
                                                                                             sources using these
                                                                                             to comply.
Sec.   63.8(c)(5)......................  COMS.................  No........................  Subpart RRRR does
                                                                                             not have opacity or
                                                                                             visible emissions
                                                                                             standards.
Sec.   63.8(c)(6)......................  CMS Requirements.....  No........................  Section 63.4967
                                                                                             specifies the
                                                                                             requirements for
                                                                                             monitoring systems
                                                                                             for capture systems
                                                                                             and add-on control
                                                                                             devices at sources
                                                                                             using these to
                                                                                             comply.
Sec.   63.8(c)(7)......................  COS Out-of-Control     Yes.
                                          Periods.
Sec.   63.8(c)(8)......................  CMS Out-of-Control     No........................  Section 63.4920
                                          Periods Reporting.                                 requires reporting
                                                                                             of CMS out-of-
                                                                                             control periods.
Sec.   63.8(d)-(e).....................  Quality Control        No........................  Subpart RRRR does
                                          Program and CMS                                    not require the use
                                          Performance                                        of continuous
                                          Evaluation.                                        emissions
                                                                                             monitoring systems.
Sec.   63.8(f)(1)-(5)..................  Use of an Alternative  Yes.
                                          Monitoring Method.
Sec.   63.8(f)(6)......................  Alternative to         No........................  Subpart RRRR does
                                          Relative Accuracy                                  not require the use
                                          Test.                                              of continuous
                                                                                             emissions
                                                                                             monitoring systems.
Sec.   63.8(g)(1)-(5)..................  Data Reduction.......  No........................  Sections 63.4966 and
                                                                                             63.4967 specify
                                                                                             monitoring data
                                                                                             reduction.
Sec.   63.9(a)-(d).....................  Notification           Yes.
                                          Requirements.
Sec.   63.9(e).........................  Notification of        Yes.......................  Applies only to
                                          Performance Test.                                  capture system and
                                                                                             add-on control
                                                                                             device performance
                                                                                             tests at sources
                                                                                             using these to
                                                                                             comply with the
                                                                                             standards.
Sec.   63.9(f).........................  Notification of        No........................  Subpart RRRR does
                                          Visible Emissions/                                 not have opacity or
                                          Opacity Test.                                      visible emission
                                                                                             standards.
Sec.   63.9(g)(1)-(3)..................  Additional             No........................  Subpart RRRR does
                                          Notifications When                                 not require the use
                                          Using CMS.                                         of continuous
                                                                                             emissions
                                                                                             monitoring systems.
63.9(h)................................  Notification of        Yes.......................  Section 63.4910
                                          Compliance Status.                                 specifies the dates
                                                                                             for submitting the
                                                                                             notification of
                                                                                             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--Applicabi
                                          lity and General
                                          Information.
Sec.   63.10(b)(1).....................  General Recordkeeping  Yes.......................  Additional
                                          Requirements.                                      requirements are
                                                                                             specified in Sec.
                                                                                             Sec.   63.4930 and
                                                                                             63.4931.

[[Page 28645]]

 
Sec.   63.10(b)(2)(i)-(v)..............  Recordkeeping          Yes.......................  Requirements for
                                          Relevant to Startup,                               Startup, Shutdown,
                                          Shutdown, and                                      and Malfunction
                                          Malfunction Periods                                records only apply
                                          and CMS.                                           to add-on control
                                                                                             devices used to
                                                                                             comply with the
                                                                                             standards.
Sec.   63.10(b)(2)(vi)-(xi)............  .....................  Yes.
Sec.   63.10(b)(2)(xii)................  Records..............  Yes.
Sec.   63.10(b)(2)(xiii)...............  .....................  No........................  Subpart RRRR does
                                                                                             not require the use
                                                                                             of continuous
                                                                                             emissions
                                                                                             monitoring systems.
Sec.   63.10(b)(2)(xiv)................  .....................  Yes.
Sec.   63.10(b)(3).....................  Recordkeeping          Yes.
                                          Requirements for
                                          Applicability
                                          Determinations.
Sec.   63.10(c)(1)-(6).................  Additional             Yes.
                                          Recordkeeping
                                          Requirements for
                                          Sources with CMS.
Sec.   63.10(c)(7)-(8).................  .....................  No........................  The same records are
                                                                                             required in Sec.
                                                                                             63.4920(a)(7).
Sec.   63.10(c)(9)-(15)................  .....................  Yes.
Sec.   63.10(d)(1).....................  General Reporting      Yes.......................  Additional
                                          Requirements.                                      requirements are
                                                                                             specified in Sec.
                                                                                             63.4920.
Sec.   63.10(d)(2).....................  Report of Performance  Yes.......................  Additional
                                          Test Results.                                      requirements are
                                                                                             specified in Sec.
                                                                                             63.4920(b).
Sec.   63.10(d)(3).....................  Reporting Opacity or   No........................  Subpart RRRR does
                                          Visible Emissions                                  not require opacity
                                          Observations.                                      or visible
                                                                                             emissions
                                                                                             observations.
Sec.   63.10(d)(4).....................  Progress Reports for   Yes.
                                          Sources With
                                          Compliance
                                          Extensions.
Sec.   63.10(d)(5).....................  Startup, Shutdown,     Yes.......................  Applies only to add-
                                          and Malfunction                                    on control devices
                                          Reports.                                           at sources using
                                                                                             these to comply
                                                                                             with the standards.
Sec.   63.10(e)(1)-(2).................  Additional CMS         No........................  Subpart RRRR does
                                          Reports.                                           not require the use
                                                                                             of continuous
                                                                                             emissions
                                                                                             monitoring systems.
Sec.   63.10(e)(3).....................  Excess Emissions/CMS   No........................  Section 63.4920(b)
                                          Performance Reports.                               specifies the
                                                                                             contents of
                                                                                             periodic compliance
                                                                                             reports.
Sec.   63.10(e)(4).....................  COMS Data Reports....  No........................  Subpart RRRR does
                                                                                             not specify
                                                                                             requirements for
                                                                                             opacity or COMS.
Sec.   63.10(f)........................  Recordkeeping/         Yes.
                                          Reporting Waiver.
Sec.   63.11...........................  Control Device         No........................  Subpart RRRR does
                                          Requirements/Flares.                               not specify use of
                                                                                             flares for
                                                                                             compliance.
Sec.   63.12...........................  State Authority and    Yes
                                          Delegations.
Sec.   63.13...........................  Addresses............  Yes.
Sec.   63.14...........................  Incorporation by       Yes.
                                          Reference.
Sec.   63.15...........................  Availability of        Yes.
                                          Information/
                                          Confidentiality.
----------------------------------------------------------------------------------------------------------------


     Table 3 to Subpart RRRR of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
 [You may use the mass fraction values in the following table for solvent blends for which you do not have test
                                    data or manufacturer's formulation data:]
----------------------------------------------------------------------------------------------------------------
                                                                Average
            Solvent/Solvent blend                CAS. No.     organic HAP   Typical organic HAP, percent by mass
                                                             mass fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene...................................      108-88-3          1.0    Toluene.
2. Xylene(s).................................     1330-20-7          1.0    Xylenes, ethylbenzene.
3. Hexane....................................      110-54-3          0.5    n-hexane.
4. n-Hexane..................................      110-54-3          1.0    n-hexane.
5. Ethylbenzene..............................      100-41-4          1.0    Ethylbenzene.
6. Aliphatic 140.............................  ............          0      None.
7. Aromatic 100..............................  ............          0.02   1% xylene, 1% cumene.
8. Aromatic 150..............................  ............          0.09   Naphthalene.
9. Aromatic naphtha..........................    64742-95-6          0.02   1% xylene, 1% cumene.
10. Aromatic solvent.........................    64742-94-5          0.1    Naphthalene.
11. Exempt mineral spirits...................     8032-32-4          0      None.
12. Ligroines (VM & P).......................     8032-32-4          0      None.
13. Lactol spirits...........................    64742-89-6          0.15   Toluene.
14. Low aromatic white spirit................    64742-82-1          0      None.
15. Mineral spirits..........................    64742-88-7          0.01   Xylenes.
16. Hydrotreated naphtha.....................    64742-48-9          0      None.
17. Hydrotreated light distillate............    64742-47-8          0.001  Toluene.
18. Stoddard solvent.........................     8052-41-3          0.01   Xylenes.
19. Super high-flash naphtha.................    64742-95-6          0.05   Xylenes.

[[Page 28646]]

 
20. Varsol[reg] solvent......................     8052-49-3          0.01   0.5% xylenes, 0.5% ethyl benzene.
21. VM & P naphtha...........................    64742-89-8          0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture.............    68477-31-6          0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------


                         Table 4 to Subpart RRRR of Part 63.--Default Organic HAP Mass Fraction for Petroleum Solvent Groups \1\
[You May Use the Mass Fraction Values in the Following Fable for Solvent Blends for Which You Do Not Have Test Data or Manufacturer's Formulation Data:]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                              Average organic
                Solvent type                      HAP mass                                Typical organic percent HAP, by mass
                                                  fraction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aliphatic \2\...............................            0.03   1% Xylene, 1% Toluene, and 1% Ethylbenzene.
Aromatic \3\................................            0.06   4% Xylene, 1% Toluene, and 1% Ethylbenzene.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Use this table only if the solvent blend does not match any of the solvent blends in Table 3 to this subpart and you only know whether the blend is
  aliphatic or aromatic.
\2\ E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol Spirits, Petroleum
  Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent Blend.
\3\ E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydrocarbons, Light
  Aromatic Solvent.

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