[Federal Register Volume 68, Number 102 (Wednesday, May 28, 2003)]
[Rules and Regulations]
[Pages 31746-31788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5740]



[[Page 31745]]

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Part II





Environmental Protection Agency





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40 CFR Part 63



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

  Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / Rules 
and Regulations  

[[Page 31746]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0002--FRL-7462-2]
RIN 2060-AH02


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

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 wood building products surface 
coating operations. The final standards establish emission limitations, 
operating limits, and work practice requirements for all major sources 
that apply a surface coating to a wood building product to reduce 
certain organics listed as hazardous air pollutants (HAP) in section 
112 of the Clean Air Act (CAA). These standards implement section 
112(d) of the CAA by requiring all major sources to meet the HAP 
emission standards reflecting the application of the maximum achievable 
control technology (MACT).
    Wood building products surface coating operations emit several HAP, 
including xylenes, toluene, ethyl benzene, ethylene glycol monobutyl 
ether (EGBE), other glycol ethers, methyl ethyl ketone (MEK), methyl 
isobutyl ketone (MIBK), methanol, styrene, and formaldehyde. 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. The final rule will reduce HAP emissions by 
approximately 4,400 megagrams per year (Mg/yr) (4,900 tons per year 
(tpy)) or by 63 percent from baseline.

EFFECTIVE DATE: May 28, 2003. The incorporation by reference of certain 
publications listed in the final rule is approved by the Director of 
the Federal Register as of May 28, 2003.

ADDRESSES: Docket. Docket ID No. OAR-2003-0002 (formerly Docket No. A-
97-52) 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) for Wood Building Products (Surface Coating) 
Background Information for Final Standards' (EPA-453/R-03-003). 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: Mr. Lynn Dail, Coatings and Consumer 
Products Group, Emission Standards Division (C539-03), U.S. EPA, 
Research Triangle Park, NC 27711; telephone number (919) 541-2363; 
facsimile number (919) 541-5689; electronic mail (e-mail) address 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The source category, 
which is divided into the five subcategories listed in Table 1 of this 
preamble, includes sources that apply coatings to wood building 
products. In general, these sources are covered under the North 
American Industrial Classification System (NAICS) codes listed in Table 
1. However, sources classified under other NAICS codes may be subject 
to the final rule. Not all sources classified under the NAICS codes in 
Table 1 will be subject to the final rule because some of the 
classifications cover products outside the scope of the NESHAP for wood 
building products.

 Table 1.--Subcategories and Entities Potentially Regulated by the Final
                                  Rule
------------------------------------------------------------------------
                                                          Examples of
                                                      regulated entities
                                                         include those
           Subcategory                   NAICS        sources that apply
                                                       a surface coating
                                                           to . . .
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Exterior Siding and Primed        321211, 321219,     Panel siding,
 Doorskins.                        321999 a.           trimboard, lap
                                                       siding, trim
                                                       associated with
                                                       siding, and
                                                       primed doorskins.
Flooring........................  321918, 321999 a..  Solid wood
                                                       flooring,
                                                       engineered wood
                                                       flooring, and
                                                       laminated
                                                       flooring.
Interior Wall Paneling and        321211, 321999 a..  Interior wall
 Tileboard.                                            paneling or
                                                       tileboard.
Other Interior Panels...........  321211, 321212,     Panels used for
                                   321219, 321999 a.   purposes other
                                                       than interior
                                                       wall paneling,
                                                       such as
                                                       perforated
                                                       panels.
Doors, Windows, and               321911, 321918,     Doors, finished
 Miscellaneous.                    321999 a.           doorskins,
                                                       finished exterior
                                                       siding, windows,
                                                       and other
                                                       miscellaneous
                                                       wood products
                                                       (including
                                                       moulding and
                                                       millwork).
------------------------------------------------------------------------
a The subcategory of the NAICS code depends on the final end use of the
  product.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding subcategories and entities likely to be 
regulated by this action. To determine whether your coating operation 
is regulated by this action, you should examine the applicability 
criteria in Sec.  63.4681 of the final rule.
    Docket. The EPA has established an official public docket for this 
action under Docket ID No. OAR-2003-0002 (formerly Docket No. A-97-52). 
The official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (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

[[Page 31747]]

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/edocket/.
    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 the final rule also will be available on the WWW. 
Following the Administrator's signature, a copy of this action will be 
posted at www.epa.gov/ttn/oarpg on EPA's Technology Transfer Network 
(TTN) policy and guidance page for newly proposed or promulgated rules. 
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)(1) of the CAA, judicial 
review of the final rule is available only by filing a petition for 
review in the U.S. Court of Appeals for the District of Columbia 
Circuit by July 28, 2003. Under section 307(b)(2) of the CAA, the 
requirements established by the final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Outline. The following outline is provided to aid in reading the 
preamble to the final rule.

I. Background
    A. What is the source of authority for development of NESHAP?
    B. What criteria did we use in the development of NESHAP?
II. What changes and clarifications have we made for the final 
standards?
    A. Applicability
    B. Overlap with other NESHAP
    C. Subcategories
    D. MACT Limits
    E. Test Methods
    F. Cost and Economic Assumptions and Impacts
    G. Compliance Procedures
    H. Control Device Operating Limit Requirements
    I. Startup, Shutdown, and Malfunction (SSM)
    J. Recordkeeping and Reporting
III. What are the final standards?
    A. What is the source category?
    B. What is the affected source?
    C. What are the emission limits, operating limits, and work 
practice standards?
    D. What are the testing and initial compliance requirements?
    E. What are the continuous compliance requirements?
    F. What are the notification, recordkeeping, and reporting 
requirements?
IV. What are the environmental, energy, cost, and economic impacts?
    A. What are the air impacts?
    B. What are the non-air health, environmental, and energy 
impacts?
    C. What are the cost and economic impacts?
V. Statutory and Executive Order Reviews
    A. Executive Order 12866, Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    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 Flatwood 
Paneling (Surface Coating) category of major sources was listed on 
July, 16, 1992 (57 FR 31576) under the Surface Coating Processes 
industry group. The name of the source category was subsequently 
changed to Wood Building Products (Surface Coating) on November 18, 
1999 (64 FR 63025) to reflect more accurately the types of surface 
coating operations currently used in the industry. Major sources of HAP 
are those that emit or have the potential to emit equal to or greater 
than 9.1 Mg/yr (10 tpy) of any one HAP or 22.7 Mg/yr (25 tpy) of any 
combination of HAP.

B. What Criteria Did 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 or reconstructed and existing major 
sources. The CAA requires the NESHAP to reflect the maximum degree of 
reduction in emissions of HAP that is achievable. This level of control 
is commonly referred to as the MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that the standard is set at a level that assures that all 
major sources achieve the level of control at least as stringent as 
that already achieved by the better-controlled and lower-emitting 
sources in each source category or subcategory. For new or 
reconstructed sources, the MACT floor cannot be less stringent than the 
emission control that is achieved in practice by the best-controlled 
similar source. The MACT standards for existing sources can be less 
stringent than standards for new or reconstructed sources, but they 
cannot be less stringent than the average emission limit achieved by 
the best-performing 12 percent of existing sources in the category or 
subcategory (or the best-performing five sources for categories or 
subcategories with fewer than 30 sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on the consideration of the cost of achieving the 
emission reductions, any non-air quality health and environmental 
impacts, and energy requirements.

II. What Changes and Clarifications Have We Made for the Final 
Standards?

    In response to the public comments received on the proposed 
standards, we made several changes for the final rule. The substantive 
comments, our responses, and associated rule edits are summarized in 
the following sections. A more detailed summary can be found in the 
Summary of Public Comments and Responses document, which is available 
from several sources (see Addresses section).

A. Applicability

    Several commenters requested a clarification of zero-HAP coatings, 
thinners, and cleaning solvents. They cited the Occupational Safety and 
Health Administration (OSHA) de minimis level for reporting HAP-
containing materials as greater than 1

[[Page 31748]]

percent for noncarcinogens or greater than 0.1 percent for carcinogens. 
The use of this de minimis level for HAP reporting was implied because 
the data used to set the MACT floor was submitted under the same 
guidelines. Accordingly, language has been included in the final 
preamble and rule to clarify that coatings with HAP contents below 1 
percent for noncarcinogens and 0.1 percent for carcinogens are 
considered to be zero-HAP materials.
    Although affected sources are not required to report detailed HAP 
content information on these zero-HAP materials, inclusion of these 
materials could be beneficial to meeting the applicable rolling 12-
month emission limit(s). Coatings that contain no HAP usually contain 
some amount of solid material that will help to lower the organic HAP 
emission rate for the 12-month compliance period.
    Several commenters requested specific exclusions for products or 
coatings that may have been included in the MACT floor determination 
but do not fit into the wood building products surface coating source 
category. Specifically, commenters cited coatings called tempering oils 
(such as linseed, tall, tung, soy, otaseka, and other drying oils or 
mixtures of such oils) which would be regulated as part of the proposed 
plywood and composite wood products NESHAP (68 FR 1275, January 9, 
2003). In response to these comments, we excluded drying or tempering 
oils from the final rule. Please refer to Sec.  68.4681(c)(1) of the 
final rule which lists processes that will most likely be covered by 
the proposed plywood and composite wood products NESHAP.
    Some commenters referred to specific products that they believed 
should not be subject to the requirements of the wood building products 
surface coating source category. These included asphalt-coated 
fiberboard and cellulosic ceiling tiles. Commenters asserted that 
neither product is coated with HAP-containing materials and that 
regulating such products would be burdensome for recordkeeping 
purposes.
    We further evaluated the types of coatings and processes used to 
make asphalt-coated fiberboard, also called ``builders board'' or 
``insulation board,'' and found that only a few facilities in the 
United States make these products, with varying manufacturing and 
coating processes. With regards to the coatings used on fiberboard 
products, the asphalt material can be included as part of the emulsion 
used in the fiberboard forming or manufacturing process, or the asphalt 
(mixed with mineral spirits) can be applied to the fiberboard 
substrate. Depending on the company and the process, the coating can be 
applied before the final dryer or after the final dryer with the 
product allowed to air dry, usually outdoors on racks.
    Ceiling tiles are usually coated using slurries of titanium dioxide 
and various clays. Although non-HAP wetting agents or defoamers are 
occasionally added, there are no organic solvents used. These coatings 
cure by drying and not by chemical reaction and are considered durable 
only for dry, non-contact indoor exposure.
    Because of the small number of facilities coating these products 
and the fact that most of the coatings associated with these types of 
products are applied during the substrate forming process (e.g., to the 
wet mat being formed) or prior to the final substrate drying operation, 
fiberboard coating operations (including those used in the manufacture 
of asphalt-coated fiberboard and ceiling tiles) would be covered under 
the proposed plywood and composite wood products NESHAP. For this 
reason, these products will not be subject to the final rule for the 
surface coating of wood building products.
    Several commenters requested more research concerning the low-
coating usage cutoff, suggesting that the cutoff should be higher. The 
low-usage cutoff was based on the total annual coating usage of the 
smallest facility in the MACT floor database. All facilities in the 
database have annual coating usages above 4,170 liters (1,100 gallons). 
Available data indicate that the coating application processes and 
control technologies being considered are appropriate for all sources 
with at least this level of coatings usage. Considering that the 
surveyed sources in the database included a cross section of various 
companies, products, and locations, we do not believe that collecting 
additional data would raise this cutoff. Therefore, no changes have 
been made to the low-coating usage cutoff.
    While we cannot justify raising the low usage amount or 
establishing low usage cutoffs for individual subcategories, additional 
language has been included in the final rule to exempt sources that are 
not commercial manufacturers of wood building products. The final rule 
is intended to apply only to commercial manufacturers, which are the 
types of facilities represented in our database.
    Several commenters requested exemptions for sources that laminate 
paper or vinyl to composite wood products. Although we agree with the 
commenters that HAP emissions from wood laminating processes are 
typically low at the present time, an exclusion is not justified 
because future coating technologies could increase HAP emissions. To 
further clarify applicability, laminates applied prior to pressing of 
the substrate would be covered by the proposed plywood and composite 
wood products NESHAP, and the laminates applied after pressing of the 
substrate are covered by the wood building products (surface coating) 
NESHAP.
    Commenters stated that the proposed definition of ``wood building 
product'' excludes the majority of the wooden windows and doors 
manufactured due to the weight characteristic. In response, we have 
written the definition of ``wood building product'' to exclude the 
weight of glass components. A wood building product is now defined as 
any product that contains more than 50 percent by weight wood or wood 
fiber, excluding the weight of glass components, and is used in the 
construction, either interior or exterior, of a residential, 
commercial, or institutional building.
    As a result of comments received, the application of the rule to 
antifungal coatings was evaluated. Because these coatings can be 
applied during many different stages of production, we have clarified 
the applicability of the final rule to these coatings. Antifungal 
coatings will be covered by the wood building products surface coating 
NESHAP if they are applied after the substrate manufacturing process.
    Several commenters requested that the final rule be written such 
that the HAP limits apply only to HAP that are released to the 
atmosphere, recognizing that some HAP in the coatings are not emitted 
(i.e., styrene, dibutylphthalate, ethyleneimines (aziridines), and Bis 
2-ethylhexyl phthalate (DEHP)). The data collection activities and 
subsequent MACT floor determinations were made using the assumption 
that all volatile organic HAP are emitted, i.e., organic HAP content of 
the coatings is equivalent to HAP emitted.
    We realize that in a few cases, such as the four compounds 
identified by the commenters, our assumption is not totally accurate 
because a small fraction of the total HAP may be tied up in the 
coating. However, we believe that the 12-month rolling average emission 
limits provide an adequate time frame for such special coatings to be 
used and averaged in with the other coatings and still meet the 
emission limits.
    Due to these reasons, we do not believe special compliance 
alternatives are warranted for a few compounds used in some coatings. 
Affected sources can use alternative test procedures to

[[Page 31749]]

demonstrate a lower HAP emissions value for a particular coating.

B. Overlap With Other NESHAP

    Many commenters were concerned about the large potential for the 
wood building products surface coating source category to overlap with 
other NESHAP, specifically the promulgated wood furniture manufacturing 
NESHAP (60 FR 62930, December 7, 1995) and the proposed miscellaneous 
metal parts and products coating NESHAP (67 FR 52780, August 13, 2002). 
Two commenters wanted some way to consolidate all coating operations in 
order to be subject to only one NESHAP. One of these two commenters 
stated that 97 percent of the coatings used by his company, a window 
manufacturing facility, are applied to metal (aluminum) windows, and 
the remaining 3 percent of the coatings are applied to wood components 
of the windows. The second commenter said that 95 percent of the 
coatings used by his facility are applied to wood furniture components, 
and the remaining 5 percent of the coatings are applied to interior 
panels.
    In response to these comments, we have included a provision to the 
applicability section of the final rule. This new language states that 
an affected source that could be subject to more than one coating 
NESHAP, and that has one type of surface coating operation that 
accounts for at least 95 percent of the total (annual) coating usage at 
the source, has the option of complying with the requirements of the 
predominant coating rule (including all applicable emissions 
limitations, operating limits, and work practice requirements) for all 
coating operations that would be subject to a NESHAP.
    We are allowing the small amount of coating (less than 5 percent of 
the total usage) to be regulated at the same level(s) as the majority 
(at least 95 percent) of coating usage to simplify applicability 
determinations and recordkeeping and reporting for those sources. With 
this applicability provision, the two sources described above would be 
allowed to comply with the emission limits for the proposed 
miscellaneous metal parts NESHAP and the promulgated wood furniture 
manufacturing NESHAP, respectively, for all of their coating 
operations.
    According to our data, very few sources will be able to take 
advantage of this predominant activity option. For this reason, we 
expect any emissions increase that could occur (where the emission 
limits in the predominant NESHAP are less stringent than the limits in 
the other applicable NESHAP) to be very small.

C. Subcategories

    Several commenters requested additional guidance on the correct 
classification of moulding and trim. Originally, mouldings were 
classified according to the final use of the moulding. Commenters 
stated that the same moulding or trim could go around windows and 
doors, be used as baseboards, as trim between ceilings and walls, or as 
chair railing. To eliminate the classification of different types of 
moulding and trim into different subcategories, we have included all 
moulding and trim in one subcategory. However, this classification 
still excludes moulding and trim associated with wood cabinets and 
other types of wood furniture (which are subject to the promulgated 
wood furniture manufacturing NESHAP, subpart JJ). This change also 
involved the renaming of two subcategories. The proposed ``windows and 
doors'' subcategory has become the ``doors, windows, and 
miscellaneous'' subcategory and will include all moulding, trim, 
millwork, and miscellaneous products that do not fit in the other 
subcategories. The proposed ``exterior siding, doorskins, and 
miscellaneous'' subcategory has become the ``exterior siding and primed 
doorskins'' subcategory. As a result, the MACT floor emission limits 
were recalculated and are included in the final rule.
    Several commenters were concerned with overlap among subcategories. 
The commenters described scenarios where facilities are coating 
multiple products, but did not provide data or specifics on any known 
facilities. Issues related to coating requirements for various products 
were considered when we developed the five subcategories and served as 
the basis for many of those decisions. According to our database, there 
are no facilities that are potentially subject to more than one 
subcategory emission limit. Because subcategories were created to 
accommodate unique differences in performance criteria that indicated a 
need for different HAP contents (based on the information provided by 
the various industry segments in the database), we believe it is not 
appropriate to combine operations under separate subcategories. 
Therefore, we are not allowing a source to choose one emission limit 
based on the amount of coating used in a predominant subcategory and 
apply that same limit to another subcategory.
    Several commenters requested additional or reorganized 
subcategories to simplify enforcement. We do not agree with the 
commenters and believe the subcategorization scheme adopted for this 
source category is appropriate and complete. All subcategories were 
evaluated with respect to product performance requirements, associated 
coating usage, organic HAP emissions, coating application equipment, 
and control device applicability. Each subcategory showed technical 
differences within one or more of these criteria. For additional 
information, see Docket A-97-52.
    Several commenters requested reevaluation of the MACT floors due to 
the addition of new products such as topcoated doorskins. These 
products require coatings with a higher level of HAP content or more 
layers of coatings than products used in the MACT analysis. Although 
separating these types of topcoated or finished doorskins from the 
``exterior siding and primed doorskins'' subcategory could cause 
sources that coat doorskins to comply with two separate emission 
limits, we agree that the additional layers of coatings required for 
finished doorskins are likely to have higher HAP emissions than primed 
doorskins. We also agree that finished doorskins have more demanding 
and stringent performance requirements than primed-only doorskins. In 
response, we have included finished doorskins in the ``doors, windows, 
and miscellaneous'' subcategory where the exterior climate performance 
requirements associated with all doors and windows have been accounted 
for with the higher emission limits.
    Several commenters also requested subcategories related to color 
coatings due to the increased use of these coatings since the MACT 
analysis was begun. Because the commenters offered no explanation for 
the differences between color and clear coatings, we can only consider 
the fact that business decisions were made to add color coatings. This 
alone is not a compelling technical reason to subcategorize differently 
or to change the MACT floors. The data used to determine subcategories 
and the applicable MACT floor level of control were the best 
information available to EPA at the time. Production is updated 
continuously for various reasons, and changing the MACT floor 
determination based on constantly changing conditions would not be 
appropriate.

D. MACT Limits

    Several commenters disagreed with the zero HAP emission limits that 
were established for the NESHAP. Specifically, the commenters felt that 
the MACT limits should contain at least two significant figures to 
account for the

[[Page 31750]]

presence of a small amount of HAP in what we have described as non-HAP 
coatings. To address these concerns and to clarify that the MACT limits 
are not absolute zero for some new sources, the final rule includes a 
change in the metric units from kilogram HAP/liter solids to grams HAP/
liter solids where the value is rounded to the nearest integer.
    Several commenters argued that metric units should not be used to 
demonstrate compliance. The use of metric units instead of English 
units is based on Federal government policy (the Metric Conversion Act 
of 1975 as amended by the Omnibus Trade and Competitiveness Act of 
1988). While metric units are included, compliance is not required 
through metric units because the MACT floor determination used English 
units. Accordingly, we have included language stating that compliance 
can be demonstrated using either English or metric units.

E. Test Methods

    One commenter noticed that some ASTM test methods have been 
updated. The listed test methods have been updated and incorporated by 
reference in the final rule.
    Several commenters asked for clarification on using methods 
specified by the NESHAP for determining certain qualities of the 
coatings, thinners, and cleaning materials. As a result, we included 
provisions in the final rule that owners or operators are allowed to 
submit an alternative technique if the test methods specified in the 
final rule are insufficient to determine the specified qualities. For 
mass fraction of organic HAP, the final rule has been written to allow 
resolution of any discrepancies between the test methods for 
determining the mass fraction of organic HAP versus formulation data 
through consultation with the regulatory compliance authority.
    Many commenters also expressed confusion regarding the use of 
Method 24 as an alternative to Method 311. According to the commenters, 
Method 24 requires that the water content of the coating be determined 
and subtracted from the total volatile content. This determination 
contains greater variability than the limit in the final rule for 
existing and new sources that fall into the ``other interior panels'' 
and the ``exterior siding and primed doorskins'' subcategories and new 
sources that fall into the ``interior panels and tileboard'' 
subcategory. Therefore, the final rule includes the provision that 
Method 24 will not be used for those coatings with a water content that 
would result in an effective detection limit greater than the 
applicable emission limit.
    Two commenters disagreed with the use of a helium gas pycnometer to 
determine the volume fraction of coating solids (which is required by 
ASTM D 6093). Section 63.4741(b) of the proposal provided two options 
for determining the volume fraction of coating solids (nonvolatiles) 
for each coating: (1) Use of either of the two referenced ASTM methods 
(D2697-86 (Reapproved 1998) or D6093-97), or (2) use of information 
from the supplier or manufacturer of the material. In response to the 
commenters' concerns, a third option has been included in the final 
rule that allows the amount of coating solids to be calculated using 
the total volatile matter content of the coating and the average 
density of the volatile matter in the coating. If these values cannot 
be determined using one of the specified methods, the owner or operator 
may submit an alternative technique for determining their values for 
approval by the Administrator.
    Several commenters asked that the final rule clearly specify 
whether compliance demonstration calculations are to be rounded or 
truncated to the number of decimal places specified in the emission 
limit. The commenters recommended that results be truncated to three 
digits after the decimal.
    In response, language has been included in the final rule that 
specifies that compliance is demonstrated by rounding the rolling 12-
month emission rate (to two decimal places for English units and the 
nearest integer for metric units), and not by rounding the individual 
numbers used to determine the rolling 12-month rolling emission rate.

F. Cost and Economic Assumptions and Impacts

    Due to changes in the MACT floor emission limits for the ``other 
interior panels'' subcategory and changes to the number of estimated 
affected sources in the ``exterior siding and primed doorskins'' and 
``doors, windows, and miscellaneous'' subcategories, the overall 
industry cost impacts have changed to $22.5 million.

G. Compliance Procedures

    Several commenters noted a discrepancy between the proposed Sec.  
63.4692(b)(ii) and (iii). Section 63.4692(b)(ii) reduces the data to 
block averages, but Sec.  63.4692(b)(iii) maintains the 3-hour average 
combustion temperature at or above the limit. We made corresponding 
changes to Table 3 to Subpart QQQQ to Part 63 to read, ``maintain the 
3-hour block average'' wherever warranted.
    Several commenters disagreed with the omission of control devices 
other than thermal oxidation. The commenters recommended that 
provisions for biofilters and other innovative technologies be added to 
compliance Option 3. Compliance Option 3 does not preclude the use of 
biofilters or other control technologies. You may submit your request 
for any innovative control technology to the Administrator for 
approval. Plans for monitoring and recordkeeping requirements should be 
submitted along with such proposals.
    Based on the type and level of HAP emissions at most wood building 
product surface coating operations, we do not consider biofilters as a 
likely control technology to be applied to such emission sources. 
Therefore, specific operating limits and compliance procedures for 
biofilters have not been included in the final rule. However, the 
proposed plywood and composite wood products rule (68 FR 1275, January 
9, 2003) does include specific operating limits and compliance 
procedures for biofilters, and these can be used as examples when 
submitting your request for an alternative control technology.

H. Control Device Operating Limit Requirements

    Several commenters stated that the proposed rule does not specify 
how to account for equipment start ups, shut downs or malfunctions in 
the calculation of the 3-hour averages used to determine compliance 
with operating limits for add-on control devices. The commenters 
suggested that the rule specify that the operating data collected when 
the control device is ``not receiving emissions'' not be included in 
the 3-hour average calculations. We have included language in the final 
rule to exclude monitoring data from the 3-hour average calculation 
that was generated during periods when the control device was not 
receiving emissions.
    Several commenters disagreed with the requirement for periodically 
adjusting the air-to-fuel ratio for catalytic oxidizers. The commenters 
stated that adding this requirement to the inspection and maintenance 
plan has no performance benefit. The purpose of the inspection and 
maintenance plan is to assure that the catalytic oxidizer operates at 
the conditions that will achieve or exceed the emission destruction 
efficiency for the control device demonstrated by the performance test. 
Based on our review, we concluded that a requirement for

[[Page 31751]]

periodic adjustment of the air-to-fuel ratio is not needed to assure 
compliance of a catalytic oxidizer. We have written the final rule to 
exclude the requirement for periodically adjusting the air-to-fuel 
ratio in the inspection and maintenance plan.
    Several commenters stated that the catalyst test procedures should 
be worked out between the facility and the catalyst test provider, not 
the manufacturer or supplier as specified in the inspection and 
maintenance plan requirements. We agree that the catalyst test 
providers should be consulted. The catalyst test provider will test the 
catalyst after the performance test to determine any catalyst 
degradation that may have occurred in the period after the performance 
testing. Although this is not required for compliance, it may be 
beneficial to test the catalyst at the time of the performance test to 
determine a baseline for future catalyst testing.

I. Startup, Shutdown, and Malfunction (SSM)

    One commenter stated that bypass lines are often used in situations 
that are not considered malfunctions. In certain situations, operation 
of the control device is not always necessary to meet the emission 
limit. This situation can occur on a coating line that is used for 
coating operations covered by different compliance options conducted at 
different times. If the coatings used on one product comply with the 
applicable emission limit (e.g. compliant coatings option), the source 
may prefer to bypass the control device to lower annual expenses 
associated with operating the air pollution control system. This 
situation is not a malfunction and would not be addressed in the 
source's SSM plan.
    The final rule explicitly states that requirements for the use of 
bypass lines apply during periods that ``controlled'' coating 
operations are being conducted. The language assures continuous 
compliance with the applicable emission limit at those sources electing 
to use Option 3 to comply with the emission limit using a capture and 
control device system that is equipped with a bypass line.

J. Recordkeeping and Reporting

    Several commenters requested fewer recordkeeping and calculation 
requirements for coatings that have no HAP content. We agree that it is 
not necessary from the perspective of implementing and enforcing the 
final rule to require an owner or operator to perform all of the 
compliance calculation, recordkeeping, and reporting requirements 
specified in the final rule where the result will always be zero 
organic HAP per liter or gallon of coating solids.
    For such zero-HAP materials, we have included a provision in Sec.  
63.4741(a)(1)(i) and (a)(4) of the final rule specifying that if the 
mass fraction of organic HAP in a coating is zero, as determined 
according to Sec.  63.4741(a), then the source is not required to 
determine the volume fraction of coating solids and density or to 
calculate the organic HAP content. The following notification, 
reporting, and recordkeeping sections of the final rule were written to 
fully incorporate this provision: Sec. Sec.  63.4710(c)(8)(i), 
63.4720(a)(5)(ii), and 63.4730(c), (c)(2), (f), and (g).

III. What Are the Final Standards?

A. What Is the Source Category?

    The final rule applies to you if you own or operate a commercial 
wood building products surface coating source that uses at least 4,170 
liters (1,100 gallons) of coatings per year and is a major source, is 
located at a major source, or is part of a major source of HAP 
emissions, whether or not you manufacture the wood building product 
substrate. Surface coating operations alone are not required to be 
major sources of HAP emissions in order for the rule to apply. As long 
as some part of the total source causes it to be a major source (e.g., 
the wood substrate manufacturing process), the surface coating 
operations would be subject to the final rule.
    We have defined a wood building products surface coating source as 
any source engaged in the finishing or laminating of a wood building 
product. A wood building product is any product that contains more than 
50 percent by weight wood or wood fiber, excluding the weight of glass 
components, and is used in the construction, either interior or 
exterior, of a residential, commercial, or institutional building. As 
explained later, we have established five subcategories in the wood 
building products surface coating source category: (1) Exterior siding 
and primed doorskins; (2) flooring; (3) interior wall paneling and 
tileboard; (4) other interior panels; and (5) doors, windows, and 
miscellaneous (see Table 1 of this preamble).
    The final NESHAP requirements do not apply to the manufacture or 
application of surface coatings to prefabricated/premanufactured or 
mobile/modular homes. You are also not subject to the final rule if 
your wood building products surface coating operations are located at 
an area source. An area source of HAP is any source that has the 
potential to emit HAP but is not a major source. You may establish area 
source status by limiting the source's potential to emit HAP through 
appropriate mechanisms available through the permitting authority.
    The source category does not include research or laboratory 
facilities; janitorial, building, and facility construction or 
maintenance operations; or hobby shops that are operated for personal 
rather than for commercial purposes. The source category does not 
include noncommercial coating operations or coating applications using 
handheld nonrefillable aerosol containers.
    If an affected source has surface coating operations subject to the 
requirements of another NESHAP that account for at least 95 percent of 
the total (annual) coating usage for the source, the requirements, 
including all applicable emission limitations, operating limits, and 
work practices, of the predominant NESHAP can be applied to all coating 
operations that are subject to a NESHAP.

B. What Is the Affected Source?

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

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

    Emission Limits. The final rule limits organic HAP emissions from 
each new or reconstructed affected source using the emission limits in 
Table 2 of this preamble. The emission limits for each existing 
affected source are given in Table 3 of this preamble. Affected sources 
may comply with the emission limits using either English or metric 
units. These limits are based on five subcategories that group similar 
operations and types of coatings. The final rule allows several 
compliance options to achieve the emission limits. You could comply by 
applying materials (coatings, thinners, and cleaning materials) that 
meet the

[[Page 31752]]

emission limits, either individually or collectively. You could also 
use a capture system and add-on control device to meet the emission 
limits, or you could comply by using a combination of these approaches.

   Table 2.--Emission Limits For New or Reconstructed Affected Sources
------------------------------------------------------------------------
                                              The organic HAP emission
                                               limit you must meet, in
 For any affected source applying coating    grams (g) HAP/liter solids
                 to . . .                      (pounds (1b) HAP/gallon
                                                    solids), is:
------------------------------------------------------------------------
Exterior siding and primed doorskins......  0 (0.00)
Flooring..................................  0 (0.00)
Interior wall paneling or tileboard.......  5 (0.04)
Other interior panels.....................  0 (0.00)
Doors, windows, and miscellaneous.........  57 (0.48)
------------------------------------------------------------------------


         Table 3.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
                                              The organic HAP emission
 For any affected source applying coating     limit you must meet, in g
                 to . . .                     HAP/liter solids (lb HAP/
                                             gallon coating solids), is:
------------------------------------------------------------------------
Exterior siding and primed doorskins......  7 (0.06)
Flooring..................................  94 (0.78)
Interior wall paneling or tileboard.......  183 (1.53)
Other interior panels.....................  20 (0.17)
Doors, windows, and miscellaneous.........  231 (1.93)
------------------------------------------------------------------------

    Operating Limits. If you reduce emissions by using a capture system 
and add-on control device (other than a solvent recovery system for 
which you conduct a liquid-liquid material balance), the operating 
limits apply to you. These limits are site-specific parameter limits 
you determine during the initial performance test of the system. For 
capture systems that are not permanent total enclosures (PTE), you must 
establish average volumetric flow rates or duct static pressure limits 
for each capture device (or enclosure) in each capture system. For 
capture systems that are PTE, you must establish limits on average 
facial velocity or pressure drop across openings in the enclosure.
    For thermal oxidizers, you must monitor the combustion temperature. 
For catalytic oxidizers, you must monitor the temperature immediately 
before and after the catalyst bed, or you must monitor the temperature 
before the catalyst bed and implement a site-specific inspection and 
maintenance plan for the catalytic oxidizer. For carbon adsorbers for 
which you do not conduct a liquid-liquid material balance, you must 
monitor the carbon bed temperature and the amount of steam or nitrogen 
used to desorb the bed. For condensers, you must monitor the outlet gas 
temperature from the condenser. For concentrators, you must monitor the 
temperature of the desorption concentrate stream and the pressure drop 
of the dilute stream across the concentrator.
    All site-specific parameter limits that you establish must reflect 
operation of the capture system and control devices during a 
performance test that demonstrates achievement of the emission limit 
during representative operating conditions.
    Work Practice Standards. If you use an emission capture system and 
control device for compliance, you must develop and implement a work 
practice plan to minimize organic HAP emissions from mixing operations, 
storage tanks and other containers, and handling operations for 
coatings, thinners, cleaning materials, and waste materials. The work 
practice plan must include steps to ensure that, at a minimum, all 
organic HAP coatings, thinners, cleaning materials, and waste materials 
are stored in closed containers; spills of organic HAP coatings, 
thinners, cleaning materials, and waste materials are minimized; 
organic HAP coatings, thinners, cleaning materials, and waste materials 
are conveyed from one location to another in closed containers or 
pipes; mixing vessels that contain organic HAP coatings and other 
materials are closed except when adding to, removing, or mixing the 
contents; and emissions of organic HAP are minimized during cleaning of 
storage, mixing, and conveying equipment.
    If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the aforementioned 
sources, then your existing plan could be used to satisfy the 
requirement for a work practice plan.
    If you use a capture system and control device for compliance, you 
must develop and operate according to a startup, shutdown, and 
malfunction plan (SSMP) during periods of SSM of the capture system and 
control device.
    The General Provisions (40 CFR part 63, subpart A) also apply to 
you as indicated in 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 final rule 
refers to individual sections of the General Provisions to emphasize 
key sections that are relevant. However, unless specifically overridden 
in the final rule, all of the applicable General Provisions 
requirements apply to you.

D. What Are the Testing and Initial Compliance Requirements?

    New or reconstructed affected sources must be in compliance upon 
initial startup of the affected source or by May 28, 2003, whichever is 
later. Existing affected sources must be in compliance with the final 
standards no later than May 29, 2006.
    Compliance with the emission limits is based on a rolling 12-month 
organic HAP emission rate that is determined each month. Each 12-month 
period is a compliance period. The initial compliance period, 
therefore, is the 12-month period beginning on the compliance date. If 
the compliance date occurs on any day other than the first day of a 
month, then the initial compliance period begins on the compliance date 
and extends through the end of that month plus the following 12 months. 
We have defined ``month'' as a calendar month or a pre-specified period 
of 28 to 35 days to allow for flexibility at sources where data are 
based on a business accounting period.
    Being ``in compliance'' means that the owner or operator of the 
affected source meets the requirements to achieve the emission 
limitations during the initial compliance period. At the end of the 
initial compliance period, the owner or operator must use the data and 
records generated to determine whether or not the affected source is in 
compliance with the organic HAP emission limit and other applicable 
requirements for that period. If the affected source does not meet the 
applicable limits and other requirements, it is out of compliance for 
the entire initial compliance period.
    Emission Limits. There are several options for complying with the 
emission limits, and the testing and initial compliance requirements 
vary

[[Page 31753]]

accordingly. You may use different compliance options for different 
coating operations within the affected source and also for the same 
coating operation at different times.
    Option 1: Compliance based on compliant materials. If you 
demonstrate compliance based on the use of compliant materials, you 
must determine the mass of organic HAP in each coating, thinner, and 
cleaning material used and the volume fraction of coating solids in 
each coating used each month during the compliance period. You must 
demonstrate that the organic HAP content of each coating meets the 
applicable emission limit, and that you use no thinners or cleaning 
materials that contain organic HAP.
    To determine the mass fraction of organic HAP in coatings, 
thinners, and cleaning materials and the volume fraction of coating 
solids, you may either rely on manufacturer's data or on test results 
using the test methods listed below. You may use alternative test 
methods provided you get EPA approval in accordance with the General 
Provisions in 40 CFR 63.7(f).
    [sbull] For mass fraction of organic HAP, use Method 311 of 40 CFR 
part 63, appendix A. If there are discrepancies between the methods for 
determining the mass fraction of organic HAP, they must be resolved 
through consultation with the regulatory compliance authority.
    [sbull] The promulgated rule allows you to use non-aqueous volatile 
matter as a surrogate for organic HAP, which includes all organic HAP 
plus all other organic compounds, and excluding water. If you choose 
this option, then you must use Method 24 of 40 CFR part 60, appendix A.
    [sbull] For volume fraction of coating solids, use one of these 
options: (1) Use either of the two referenced ASTM methods (D2697-86, 
1998, or D6093-97); or (2) calculate using the total volatile matter 
content of the coating and the average density of the volatile matter 
in the coating. If the mass fraction of organic HAP in a coating is 
zero, as determined through test results or manufacturer's formulation 
data, then the source is not required to determine the volume fraction 
of coating solids and density or to calculate the organic HAP content.
    To demonstrate initial compliance based on the material used, you 
must demonstrate that the organic HAP content of each coating meets the 
applicable emission limit, and that you use no organic HAP thinners or 
cleaning materials.
    Option 2: Compliance based on the emission rate without add-on 
controls. If you demonstrate compliance based on the emission rate 
without add-on controls option, you must determine the mass fraction of 
organic HAP in all coatings, thinners, and cleaning materials and the 
volume fraction of coating solids used each month during the compliance 
period. You would use the same methods as described above for Option 1. 
You would also do the following.
    [sbull] Determine the quantity of each coating, thinner, and 
cleaning material used.
    [sbull] Calculate the total mass of organic HAP in all materials 
and total volume of coating solids used each month. You may subtract 
the total mass of organic HAP contained in waste materials you send to 
a hazardous waste treatment, storage, and disposal facility regulated 
under 40 CFR part 262, 264, 265, or 266.
    [sbull] Calculate the total mass of organic HAP emissions and total 
volume of coating solids for the compliance period by adding together 
all the monthly values for mass of organic HAP and for volume of 
coating solids for the 12 months in the compliance period.
    [sbull] Calculate the ratio of the total mass of organic HAP for 
the materials used to the total volume of coating solids used for the 
compliance period.
    [sbull] Record the calculations and results and include them in 
your Notification of Compliance Status.
    Option 3: Compliance based on the emission rate with add-on 
controls. If you use a capture system and add-on control device, other 
than a solvent recovery system for which you conduct a liquid-liquid 
material balance, you must meet the following testing and compliance 
requirements.
    [sbull] Conduct an initial performance test to determine the 
capture and control efficiencies of the equipment and to establish 
operating limits to be achieved on a continuous basis. The performance 
test would have to be completed by the compliance date for existing 
sources and no later than 180 days after the compliance date for new or 
reconstructed affected sources.
    [sbull] Determine the mass fraction of organic HAP in each material 
and the volume fraction of coating solids for each coating used each 
month of the compliance period.
    [sbull] Calculate the total mass of organic HAP in all materials 
and total volume of coating solids used each month in the coating 
operation or group of coating operations. You may subtract from the 
total mass of organic HAP the amount contained in waste materials you 
send to a hazardous waste treatment, storage, and disposal facility 
regulated under 40 CFR part 262, 264, 265, or 266.
    [sbull] Calculate the organic HAP emission reductions for the 
controlled coating operations using the capture and control 
efficiencies determined during the performance test and the total mass 
of organic HAP in materials used in controlled coating operations.
    [sbull] Calculate the total mass of organic HAP emissions and total 
volume of coating solids for the compliance period by adding together 
all monthly values for mass of organic HAP and for volume of coating 
solids for the 12 months in the compliance period.
    [sbull] Calculate the ratio of the total mass of organic HAP 
emissions to the total volume of coating solids used during the 
compliance period.
    [sbull] Record the calculations and results and include them in the 
Notification of Compliance Status.
    If you use a capture system and add-on control device, other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances, you must determine both the efficiency of the capture system 
and the destruction or removal efficiency of the control device. To 
determine the capture efficiency, you must either verify the presence 
of a PTE using EPA Method 204 of 40 CFR part 51, appendix M (and all 
materials must be applied and dried within the enclosure); or use one 
of the protocols in Sec.  63.4765 of the final rule to measure capture 
efficiency. If you have a PTE and all the materials are applied and 
dried within the enclosure and you route all exhaust gases from the 
enclosure to a control device, then you must assume 100 percent 
capture.
    To determine the destruction or removal efficiency of the control 
device, you must conduct measurements of the inlet and outlet gas 
streams. The test would consist of three runs, each run lasting at 
least 1 hour, using the following EPA Methods in 40 CFR part 60, 
appendix A:
    [sbull] Method 1 or 1A for selection of the sampling sites.
    [sbull] Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate.
    [sbull] Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight.
    [sbull] Method 4 to determine stack moisture.
    [sbull] Method 25 or 25A to determine organic volatile matter 
concentration. Alternatively, any other test method or data that have 
been validated according to the applicable procedures in Method 301 of 
40 CFR part 63, appendix A, and approved by the Administrator, may be 
used.
    If you use a solvent recovery system, you could determine the 
overall control efficiency using a liquid-liquid material balance 
instead of conducting an initial

[[Page 31754]]

performance test. If you use the material balance alternative, you must 
measure the amount of all materials used in the coating operations 
served by the solvent recovery system during each month of the 
compliance period and determine the volatile matter contained in these 
materials. You must measure the amount of volatile matter recovered by 
the solvent recovery system each month of the compliance period. Then 
you must compare the amount recovered for the 12-month compliance 
period to the amount used to determine the overall control efficiency, 
and apply this efficiency to the ratio of organic HAP to coating solids 
for the materials used. You must record the calculations and results 
and include them in your Notification of Compliance Status.
    Operating Limits. 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 limits.
    The final rule specifies the parameters to monitor for the types of 
emission control systems commonly used in the industry. You must 
install, calibrate, maintain, and continuously operate all monitoring 
equipment according to the manufacturer's specifications and ensure 
that the continuous parameter monitoring systems (CPMS) meet the 
requirements in Sec.  63.4768 of the final rule. If you use control 
devices other than those identified in the final 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 oxidizer, you must continuously monitor the 
appropriate temperature and record it at least every 15 minutes. The 
temperature monitor is placed in the firebox or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs. 
The operating limit would be the average temperature measured during 
the performance test and, for each consecutive 3-hour period, the 
average temperature would have to be at or above this limit.
    If you use a catalytic oxidizer, you may choose from two methods to 
determine operating limits. In the first method, you must continuously 
monitor the temperature immediately before and after the catalyst bed 
and record it at least every 15 minutes. The operating limits would be 
the average temperature before the catalyst bed and the average 
temperature difference across the catalyst bed during the performance 
test and, for each 3-hour period, the average temperature and the 
average temperature difference would have to be at or above these 
limits. In the alternative method, you must continuously monitor the 
temperature immediately before the catalyst bed and record it at least 
every 15 minutes. The operating limit would be the average temperature 
before the catalyst bed during the performance test and, for each 3-
hour period, the average temperature would have to be at or above these 
limits. As part of the alternative method, you must also develop and 
implement an inspection and maintenance plan for your catalytic 
oxidizer.
    If you use a carbon adsorber and do not conduct liquid-liquid 
material balances to demonstrate compliance, you 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 would be the carbon bed temperature (not to be 
exceeded) and the amount of steam or nitrogen used for desorption (to 
be met as a minimum).
    If you use a condenser, you must monitor the outlet gas temperature 
to ensure that the air stream is being cooled to a low enough 
temperature. The operating limit would be the average condenser outlet 
gas temperature measured during the performance test and, for each 
consecutive 3-hour period, the average temperature would have to be at 
or below this limit.
    If you use a concentrator, you must monitor the desorption 
concentrate stream gas temperature and the pressure drop of the dilute 
stream across the concentrator. The operating limits would be the 
desorption concentrate gas stream temperature (to be met as a minimum) 
and the dilute stream pressure drop (not to be exceeded).
    For each capture system that is not a PTE, you must establish 
operating limits for gas volumetric flow rate or duct static pressure 
for each enclosure or capture device. The operating limit would be the 
average volumetric flow rate or duct static pressure during the 
performance test, to be met as a minimum. For each capture system that 
is a PTE, the operating limit would require the average facial velocity 
of air through all natural draft openings to be at least 200 feet per 
minute or the pressure drop across the enclosure to be at least 0.007 
inches water.
    Work Practices. If you use the emission rate with add-on controls 
option, you must develop and implement on an ongoing basis a work 
practice plan for minimizing organic HAP emissions from storage, 
mixing, material handling, and waste handling operations. You must make 
the plan available for inspection if the Administrator requests to see 
it. We believe work practice standards are appropriate to further 
reduce emissions.
    If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the aforementioned 
sources, then your existing plan may be used to satisfy the requirement 
for a work practice plan.
    If you use a capture system and control device for compliance, you 
must develop and operate according to a SSMP during periods of SSM of 
the capture system and control device.

E. What Are the Continuous Compliance Requirements?

    Emission Limits.
    Option 1: Compliance based on compliant materials. If you 
demonstrate compliance with the emission limits based on compliant 
materials, you must demonstrate continuous compliance if, for each 12-
month compliance period, the organic HAP content of each coating used 
does not exceed the applicable emission limit and you use no thinner or 
cleaning material that contains organic HAP. You must follow the same 
procedures for determining compliance that you used for the initial 
compliance period.
    Option 2: Compliance based on the emission rate without add-on 
controls. If you demonstrate compliance with this option, you must 
demonstrate continuous compliance if, for each 12-month compliance 
period, the rolling 12-month emission rate is less than or equal to the 
applicable emission limit. You must follow the same procedures for 
calculating the rolling 12-month emission rate that you used for the 
initial compliance period.
    Option 3: Compliance based on the emission rate with add-on 
controls. For each coating operation on which you use a capture system 
and control device other than a solvent recovery system for which you 
conduct a liquid-liquid material balance, the continuous parameter 
monitoring results for each month would affect your compliance 
determination. If the monitoring results indicate no deviations from 
the operating limits and bypass line requirements, you would assume the 
capture system and control device are

[[Page 31755]]

achieving the same percentage destruction or removal efficiency as they 
did during the most recent performance test when compliance was 
demonstrated. You would then apply this percentage reduction to the 
total mass of organic HAP in materials used in controlled coating 
operations to determine the rolling 12-month emission rate for those 
operations. If there were any deviations from the operating limits 
during the month or any bypasses of the control device, you must 
account for them in the calculation of the monthly emissions by 
assuming the capture system and control device were achieving zero 
emission reduction during the periods of deviation. Then, you would 
determine the rolling 12-month emission rate by dividing the total mass 
of organic HAP emissions by the total volume of coating solids used 
during the 12-month compliance period. Every month, you must calculate 
the emission rate for the previous 12-month period.
    For each coating operation on which you use a solvent recovery 
system and conduct a liquid-liquid material balance each month, you 
must use the liquid-liquid material balance to determine control 
efficiency. To determine the overall control efficiency, you must 
measure the amount of all materials used during each month and 
determine the volatile matter content of these materials. You must also 
measure the amount of volatile matter recovered by the solvent recovery 
system during the month, calculate the overall control efficiency, and 
apply it to the total mass of organic HAP in the materials used to 
determine total organic HAP emissions. Then, you must determine the 12-
month organic HAP emission rate in the same manner as described above.
    Operating Limits. If you use an emission capture system and control 
device, the final rule requires you to achieve, on a continuous basis, 
the operating limits you establish during the performance test. If the 
continuous monitoring shows that the capture system and control device 
are operating outside the range of values established during the 
performance test, you have deviated from the established operating 
limits.
    If you operate a capture and control system that is equipped with a 
bypass line, you must demonstrate that organic HAP emissions collected 
by the capture system are being routed to the control device at all 
times while controlled coating operations are being conducted. This 
demonstration is accomplished by monitoring for potential bypass of the 
control device. You may choose from the following four monitoring 
procedures:
    [sbull] Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device;
    [sbull] Car-seal or lock-and-key valve closures to secure the 
bypass line valve in the closed position when the control device is 
operating;
    [sbull] Valve closure monitoring to ensure any bypass line valve or 
damper is closed when the control device is operating; or
    [sbull] Automatic shutdown system to stop the coating operation 
when flow is diverted from the control device.
    If the bypass monitoring procedures indicate that emissions are not 
routed to the control device, you have deviated from the emission 
limits.
    Work Practices. If you use the emission rate with add-on controls 
option, you must implement, on an ongoing basis, the work practice plan 
you developed during the initial compliance period. If you did not 
develop a plan for reducing organic HAP emissions or you do not 
implement the plan, this would be a deviation from the work practice 
standard.
    If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the aforementioned 
sources, then your existing plan may be used to satisfy the requirement 
for a work practice plan.
    If you use a capture system and control device for compliance, you 
must operate according to your SSMP during periods of SSM of the 
capture system and control device.

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

    You are required to comply with the applicable requirements in the 
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in 
the final rule. The General Provisions notification requirements 
include: initial notifications, notification of performance test if you 
are complying using a capture system and control device, notification 
of compliance status, and additional notifications required for 
affected sources with continuous monitoring systems. The General 
Provisions also require certain records and periodic reports.
    Initial Notifications. If the final rule applies to you, you must 
send a notification to the EPA Regional Office in the region where your 
source is located, and to your State agency, within 120 days after the 
date of initial startup or September 25, 2003, whichever is later. The 
report notifies us and your State agency that you have constructed a 
new source, reconstructed an existing source, or you have an existing 
source that is subject to the final rule. Thus, it allows you and the 
permitting authority to plan for compliance activities. You will also 
need to send a notification of planned construction or reconstruction 
of a source that would be subject to the final rule and apply for 
approval to construct or reconstruct.
    Notification of Performance Test. If you demonstrate compliance by 
using a capture system and control device for which you do not conduct 
a liquid-liquid material balance, you must conduct a performance test. 
The performance test must be no later than 180 days after initial 
startup or November 24, 2003, whichever is later for a new or 
reconstructed affected source and no later than the compliance date for 
an existing affected source (May 29, 2006). You must notify us (or the 
delegated State or local agency) at least 60 calendar days before the 
performance test is scheduled to begin, as indicated in the General 
Provisions for the NESHAP.
    Notification of Compliance Status. You must send us a Notification 
of Compliance Status within 30 days after the end of the initial 
compliance period. Your compliance procedures would depend on which 
compliance option you choose. In the notification, you must certify 
whether the affected source has complied with the promulgated 
standards, identify the option(s) you used to demonstrate initial 
compliance, and provide calculations supporting the compliance 
demonstration.
    If you elect to comply by using a capture system and control device 
for which you conduct performance tests, you must provide the results 
of the tests. Your notification would also include the measured range 
of each monitored parameter and the operating limits established during 
the performance test, and information showing whether the source has 
complied with its operating limits during the initial compliance 
period.
    Recordkeeping Requirements. You must keep records of reported 
information and all other information necessary to document compliance 
with the promulgated rule for 5 years. As required under the General 
Provisions, records for the 2 most recent years must be kept on-site; 
the other 3 years may be kept off-site. Records pertaining to the 
design and operation of the control and monitoring equipment must be 
kept for the life of the equipment.
    Depending on the compliance option that you choose, you may need to 
keep

[[Page 31756]]

records of the organic HAP content, volatile matter content, coating 
solids content, and quantity of the coatings, thinners, and cleaning 
materials used during each compliance period.
    If you demonstrate compliance by using a capture system and control 
device, you must keep records of the following:
    [sbull] All required measurements, calculations, and supporting 
documentation needed to demonstrate compliance with the standards;
    [sbull] All results of performance tests and parameter monitoring;
    [sbull] All information necessary to demonstrate conformance with 
the requirements for minimizing emissions from mixing, storage, and 
handling operations for coatings, thinners, and cleaning materials;
    [sbull] All information necessary to demonstrate conformance with 
the affected source's SSMP when the plan procedures are followed;
    [sbull] The occurrence and duration of each SSM of the emission 
capture system and control device;
    [sbull] Actions taken during SSM that are different from the 
procedures specified in the affected source's SSMP; and
    [sbull] Each period during which a CPMS is malfunctioning or 
inoperative (including out-of-control periods).
    The final 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 would be a deviation that is 
separate from any emission limits, operating limits, or work practice 
standards.
    Deviations, as determined from these records, must be recorded and 
also reported. A deviation is any instance when any requirement or 
obligation established by the final rule is not met, including but not 
limited to the emission limits, operating limits, and work practice 
standards.
    If you use a capture system and control device to reduce organic 
HAP emissions, you must make your SSMP available upon request for 
inspection by the Administrator. The plan will stay in your records for 
the life of the affected source or until the affected source is no 
longer subject to the promulgated standards. If you revise the plan, 
you must keep the previous superceded versions on record for 5 years 
following the revision.
    Periodic Reports. Each reporting year is divided into two 
semiannual reporting periods. If no deviations occur during a 
semiannual reporting period, you must submit a semiannual report 
stating that the affected source has been in continuous compliance. If 
deviations occur, you must include them in the report as follows:
    [sbull] Report each deviation from the emission limits.
    [sbull] Report each deviation from the work practice standards if 
you use an emission capture system and control device.
    [sbull] If you use an emission capture system and control device 
other than a solvent recovery system for which you conduct liquid-
liquid material balances, report each deviation from an operating limit 
and each time a bypass line diverts emissions from the control device 
to the atmosphere during a controlled coating operation.
    [sbull] Report other specific information on the periods of time 
and details of deviations that occurred.
    You must include in each semiannual report an identification of the 
compliance option(s) you used and of time periods when you changed to 
another option.
    Other Reports. You must submit reports for periods of SSM of the 
capture system and control device. If the procedures you follow during 
any SSM are inconsistent with your plan, you must report those 
procedures with your semiannual reports in addition to immediate 
reports required by Sec.  63.10(d)(5)(ii) of the NESHAP General 
Provisions.

IV. What Are the Environmental, Energy, Cost, and Economic Impacts?

A. What Are the Air Impacts?

    The final rule will reduce nationwide organic HAP emissions from 
existing major sources by approximately 4,400 Mg/yr (4,900 tpy). This 
represents a reduction of 63 percent from the baseline organic HAP 
emissions of 7,000 Mg/yr (7,800 tpy).

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

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

C. What Are the Cost and Economic Impacts?

    Total annual cost of compliance for the estimated 215 existing 
major sources was projected to be $22.5 million. Due to consolidation 
throughout the industry, there is not expected to be any net growth 
within the wood building products surface coating industry during the 
next 5 years. Therefore, there are no projected impacts for new 
sources.
    We performed an economic impact assessment (EIA) to provide an 
estimate of the facility and market impacts of the final rule as well 
as the social costs. In general, we expect the economic impacts of the 
promulgated standards to be minimal, with expected price increases for 
affected wood building products surface coating facilities of only 0.04 
percent.
    For affected sources, the median profit margin will remain 
unchanged, with small entities being slightly more affected by the 
final rule. The median profit margin for small entities is expected to 
decrease from 2.8 percent to 2.7 percent while the median profit margin 
for large entities is expected to decrease from 3.1 percent to 3.0 
percent. Therefore, we do not expect an adverse economic impact on the 
industry as a whole.
    The distribution of costs across wood building products surface 
coating facilities is slanted toward the lower impact levels with many 
facilities incurring costs related only to annually recurring 
monitoring, recordkeeping, and reporting, and for only a few sources 
that choose to use their existing add-on controls, initial performance 
testing and parameter monitoring. The EIA indicates that these 
regulatory costs are expected to represent only 0.2 percent of the 
value of coating services, which should not cause producers to cease or 
alter their current operations. Hence, no firms or facilities are at 
risk of closure because of the promulgated standards. For more 
information, refer to the ``Economic Impact Analysis for the Wood 
Building Products NESHAP'' in the docket.

V. 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

[[Page 31757]]

action'' as one that is likely to result in standards 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 obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that the final rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is 
therefore not subject to OMB review.''

B. Paperwork Reduction Act

    The information collection requirements in the final rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq. An Information Collection Request (ICR) document 
has been prepared by EPA (ICR No. 2034.02) and a copy may be obtained 
from Susan Auby by mail at the Collection Strategies Division (MD-
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 from 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 EPA policies set 
forth in 40 CFR part 2, subpart B.
    The final rule requires record maintenance of all coatings, 
thinners, and cleaning materials data and calculations used to 
demonstrate compliance. This information includes the volume of 
coatings and other materials used during each compliance period, mass 
fraction of organic HAP, density, and, for coatings only, volume 
fraction of coating solids (as applicable).
    If an add-on control device is used, records will be kept of the 
capture efficiency of the capture device, destruction or removal 
efficiency of the control device, and the monitored operating 
parameters. In addition, records will be kept of each calculation of 
the affected sourcewide emissions for each compliance period and all 
data, calculations, test results, and other supporting information.
    The monitoring, recordkeeping, and reporting burden for this 
collection (averaged over the first 3 years after the effective date of 
the final rule) is estimated to be approximately 2,200 labor hours per 
year at a total annual cost of $128,000. For sources assumed to use 
existing add-on control devices, this estimate includes a one-time 
performance test and report (with repeat tests where needed) and a one-
time submission of a SSMP with semiannual reports for any event when 
the procedures in the plan were not followed. For all sources, this 
estimate includes training, reading the regulation, and recordkeeping. 
There are no capital/startup costs associated with the monitoring 
requirements.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purpose of collecting, validating, and 
verifying information; 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.

C. Regulatory Flexibility Act

    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 whose parent company has a 
maximum of 500 employees according to Small Business Administration 
(SBA) size standards; (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; or (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 impact on a substantial number of small entities. We have 
conducted an assessment of the standards on small businesses within the 
wood building products industries. Based on SBA size definitions for 
the affected industries (NAICS 321211--Hardwood Veneer and Plywood 
Manufacturing, NAICS 321212--Softwood Veneer and Plywood Manufacturing, 
NAICS 321219--Reconstituted Wood Product Manufacturing, NAICS 321911--
Wood Window and Door Manufacturing, NAICS 321918--Other Millwork 
(including Flooring), NAICS 321999--All Other Miscellaneous Wood 
Product Manufacturing) and reported sales and employment data, EPA's 
survey identified four out of the 42 known facilities (four out of the 
17 known companies) as being owned by small businesses that will be 
affected by the final rule. Small businesses own 10 percent of the 
facilities and 24 percent of the companies within the source category 
that will be affected by the final rule and are expected to incur 10 
percent of the total industry compliance costs of $22.5 million. There 
are no small firms with compliance costs equal to or greater than 1 
percent of their sales. The EPA believes the sample of firms included 
in this small entity analysis is representative of the small firms that 
may be affected by the promulgated rule.
    The EPA also notes that, while economies of scale will require 
individual small firms to pay a somewhat higher proportion of revenues 
than large firms for compliance, the burden on most small firms is 
quite low nevertheless. The median compliance cost is well below 1 
percent of sales for both small and large firms affected by the 
promulgated standards (0.18 percent and 0.02 percent of sales for small 
and large firms, respectively). For more information, please consult 
the report, ``Economic Impact Analysis for the

[[Page 31758]]

Wood Building Products NESHAP,'' (Docket ID No. OAR-2003-0002, formerly 
Docket No. A-97-52).
    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 the final rule on small entities, consistent with 
our obligations under the CAA. Along with soliciting input from small 
entities during the data-gathering phase of the rulemaking, three 
separate small business outreach activities were conducted. First, the 
Western States Air Resources Council was contacted about small business 
participation in a meeting held on October 12, 1999. (For more 
information, see the docket.) The second activity was a random 
screening of approximately 250 affected companies within the wood 
building products surface coating industry. Internet searches led to a 
list of ten possible affected small entities. These small entities were 
then invited to join a small business panel to assist in the 
development of the wood building products (surface coating) NESHAP. The 
third outreach program was conducted through SCOPe, which is a 
cooperative agreement between the EPA and the National Association of 
Schools of Public Affairs and Administration. Meetings are facilitated 
by local public affairs and administration faculty and are used to 
inform small entities of pending regulations. The informal meetings 
allow potentially affected facilities to voice concerns which are then 
communicated to the EPA prior to the rulemaking. According to outreach 
in Georgia, Oregon, North Carolina, and Pennsylvania, small entities 
are aware of low- or no-HAP coatings that have the potential to reduce 
HAP emissions. Many of the small entities currently use low- or no-HAP 
coatings and agree that they are often less expensive than higher-HAP 
options, do not affect the quality of the final product, and the 
choices are becoming more widespread. Therefore, small entities will 
not be adversely affected by the use of low- or no-HAP coatings.
    Another aspect of the small business outreach was the participation 
in meetings that focus on impacts on small entities. The EPA 
representatives for the wood building products (surface coating) NESHAP 
have attended conferences and trade association meetings that have 
included small entities. By attending conferences sponsored by the 
Center for Advanced Wood Processing, the Laminating Materials 
Association, and RadTech International North America, and being 
involved in coatings-related industry and trade association meetings, 
information about the wood building products NESHAP has been shared 
with other communities concerned with impacts on small entities.
    We believe these actions will significantly reduce the compliance 
burden for small entities, thereby mitigating potential impacts and 
preventing any duplication of effort. In addition, the final rule 
contains compliance options which give small entities flexibility in 
choosing the most cost effective and least burdensome alternative for 
their operations. For example, a facility could purchase and use low- 
or no-HAP coatings, thinners, and cleaning materials (i.e., pollution 
prevention) that meet the standards rather than being required to 
purchase add-on control systems. The low- or no-HAP option can be 
demonstrated with minimum burden by using already-maintained purchase 
and usage records. No testing of materials is required, as the facility 
owners could show that their coatings meet the emission limits by 
providing formulation data supplied by the manufacturer. Furthermore, 
the final rule includes the minimum monitoring, recordkeeping, and 
reporting requirements needed for enforcement and compliance assurance.

D. Unfunded Mandates Reform Act

    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 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 final 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 nor does the final rule significantly or 
uniquely impact small governments, because it contains no requirements 
that apply to such governments or impose obligations upon them. Thus, 
today's rule is not subject to the requirements of sections 202 and 205 
of the UMRA.

E. Executive Order 13132, Federalism

    Executive Order 13132, 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. None of the affected sources are 
owned or operated by State governments. Thus, the requirements of 
section 6 of the Executive Order do not apply to the final rule.

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

    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments (65 FR 67249, November 9, 2000), requires EPA to 
develop an accountable process to ensure

[[Page 31759]]

``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, because tribal governments do not own or operate any sources 
subject to the amendments. Thus, Executive Order 13175 does not apply 
to the final rule.

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

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

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

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

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National 
Technology Transfer and Advancement Act (NTTAA) of 1995 (Pub. L. No. 
104-113, (15 U.S.C. 272 note) directs EPA to use voluntary consensus 
standards (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, business practices) that are developed or adopted 
by VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, 
explanations when the Agency does not use available and applicable VCS.
    This rulemaking involves technical standards. The EPA cites the 
following standards in this final rule: EPA Methods 1, 1A, 2, 2A, 2C, 
2D, 2F, 2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A-F, and 311. Consistent 
with the NTTAA, EPA conducted searches to identify VCS in addition to 
these EPA methods. No applicable VCS were identified for EPA Methods 
1A, 2A, 2D, 2F, 2G, 204, 204A-F, and 311. The search and review results 
have been documented and are available in the docket (Docket ID No. 
OAR-2003-0002, formerly Docket No. A-97-52) of the final 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 fill a void in EPA Method 24 which directs 
that volume solids content be calculated from the coating 
manufacturer's formulation. The final rule does allow for the use of 
the volume solids content values calculated from the coating 
manufacturer's formulation; however, test results (if available) will 
take precedence if the test results do not agree with the calculated 
values.
    Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93, are already 
incorporated by reference (IBR) in EPA Method 24. In addition, we are 
separately specifying the use of ASTM D1475-90 for measuring the 
density of individual coating components, such as organic solvents.
    Five VCS: ASTM D1979-91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-
93, and ASTM PS 9-94 are IBR in EPA Method 311.
    In addition to the VCS we are using in the final rule, the search 
for emissions measurement procedures identified 14 other VCS. We 
determined that 11 of these 14 standards identified for measuring 
emissions of the HAP or surrogate subject to emission standards in the 
final rule were impractical alternatives to EPA test methods for the 
purposes of the final rule. Therefore, EPA does not intend to adopt 
these standards. (See Docket ID No. OAR-2003-0002, formerly Docket No. 
A-97-52, for further information on the methods.)
    Sections 63.4730, 63.4741, 63.4761, 63.4765, 63.4766, and Table 3 
to promulgated subpart QQQQ lists the EPA testing methods included in 
the final rule. Under Sec.  63.8 of subpart A of the General 
Provisions, a source may apply to EPA for permission to use alternative 
monitoring in place of any of the EPA testing methods.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. Sec.  801, et seq., as added 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
the final rule and other required information to the U.S. Senate, the 
U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
A major rule cannot take effect until 60 days after it is published in 
the Federal Register. The final rule is not a ``major rule'' as defined 
by 5 U.S.C. 804(2). The rule will be effective May 28, 2003.

List of Subjects in 40 CFR Part 63

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

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

0
For the reasons stated in the preamble, title 40, chapter I, part 63 of 
the Code of

[[Page 31760]]

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. Section 63.14 is amended by revising paragraphs (b)(24) and (25) and 
(i)(3) to 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), 63.4741(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), 63.4741(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), 63.4766(a)(3), 
63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2), and 63.9323(a)(3).
* * * * *

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

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

Sec.

What This Subpart Covers

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

Emission Limitations

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

General Compliance Requirements

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

Notifications, Reports, and Records

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

Compliance Requirements for the Compliant Material Option

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

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

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

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

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

Other Requirements and Information

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

Tables to Subpart QQQQ of Part 63

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

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

What This Subpart Covers


Sec.  63.4680  What is the purpose of this subpart?

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


Sec.  63.4681  Am I subject to this subpart?

    (a) Except as provided in paragraphs (c) and (d) of this section, 
the source category to which this subpart applies is surface coating of 
wood building products, which means the application of coatings using, 
for example, roll coaters or curtain coaters in the finishing or 
laminating of any wood building product that contains more than 50 
percent by weight wood or wood fiber excluding the weight of any glass 
components, and is used in the construction, either interior or 
exterior, of a residential, commercial, or institutional building. The 
wood building products source category includes the subcategories 
listed in paragraphs (a)(1) through (5) of this section.
    (1) Doors, windows, and miscellaneous. The doors, windows, and 
miscellaneous subcategory includes doors, windows, finished doorskins, 
and door and window components such as millwork, moulding, or trim, and 
other miscellaneous wood building products including, but not limited 
to, all moulding and trim, shingles, and shutters.
    (2) Flooring. The flooring subcategory includes solid wood 
flooring, engineered wood flooring, and wood laminate flooring.
    (3) Interior wall paneling and tileboard. The interior wall 
paneling and tileboard subcategory includes interior wall paneling 
products. Tileboard is a premium interior wall paneling product.
    (4) Other interior panels. The other interior panel subcategory 
includes panels that are sold for uses other than interior wall 
paneling, such as coated particleboard, hardboard, and perforated 
panels.

[[Page 31761]]

    (5) Exterior siding and primed doorskins. The exterior siding and 
primed doorskins subcategory includes lap or panel siding, trimboard, 
and primed doorskins. Doorskins that are coated with more than primer 
are included in the doors, windows, and miscellaneous subcategory.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.4682, that uses 4,170 liters (1,100 gallons) per year, or more, of 
coatings in the source category defined in paragraph (a) of this 
section and that is a major source, is located at a major source, or is 
part of a major source of emissions of hazardous air pollutants (HAP). 
A major source of HAP emissions is any stationary source or group of 
stationary sources located within a contiguous area and under common 
control that emits or has the potential to emit any single HAP at a 
rate of 9.07 megagrams (Mg) (10 tons) or more per year or any 
combination of HAP at a rate of 22.68 Mg (25 tons) or more per year.
    (c) This subpart does not apply to surface coating and other 
operations that meet the criteria of paragraphs (c)(1) through (5) of 
this section.
    (1) Surface coating in the processes identified in paragraphs 
(c)(1)(i) through (xi) of this section that are part of plywood and 
composite wood product manufacturing and would be subject to subpart 
DDDD of this part when promulgated:
    (i) Edge seals applied to a reconstituted wood product or plywood.
    (ii) Anti-skid coatings applied to reconstituted wood products.
    (iii) Primers applied to waferboard or oriented strand board (OSB) 
siding at the site of manufacture of the waferboard or OSB siding.
    (iv) Surface coating that occurs during the manufacture of 
fiberboard, including application of clay slurry, titanium dioxide, or 
asphalt coatings to fiberboard.
    (v) Painting of company logo information on plywood or 
reconstituted wood products.
    (vi) Application of trademarks and grade stamp to reconstituted 
wood products or plywood.
    (vii) Application of nail lines to reconstituted wood products.
    (viii) Synthetic patches, wood patches, and wood putty applied to 
plywood.
    (ix) Application of concrete forming and other drying or tempering 
oils to wood building products.
    (x) Veneer composing.
    (xi) Application of shelving edge fillers to reconstituted wood 
products.
    (2) Surface coating of wood furniture subject to subpart JJ of this 
part, including finishing, gluing, cleaning, and washoff operations 
associated with the production of wood furniture or wood furniture 
components. The surface coating of millwork and trim associated with 
cabinet manufacturing is also subject to subpart JJ of this part and 
not to this subpart.
    (3) Surface coating that occurs during the manufacture of 
prefabricated homes and mobile/modular homes.
    (4) Surface coating that occurs at research or laboratory 
facilities; janitorial, building, and facility construction or 
maintenance operations; or hobby shops that are operated for personal 
rather than for commercial purposes. The source category also does not 
include non-commercial coating operations or coating applications using 
handheld nonrefillable aerosol containers.
    (5) Wood treatment or fire retardant operations located at wood 
building products sources that involve impregnating the wood product 
with the wood treatment chemicals or fire retardant by using a retort 
or other pressure vessel.
    (d) If you have an affected source with surface coating operations 
subject to the requirements of another subpart of this part that 
account for at least 95 percent of the total (annual) coating usage for 
the affected source, you may demonstrate compliance with the 
requirements, including all applicable emission limit(s), for that 
subpart for the entire affected source.


Sec.  63.4682  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items 
listed in paragraphs (b)(1) through (4) of this section that are used 
for surface coating of wood building products:
    (1) All coating operations as defined in Sec.  63.4781;
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a 
coating operation.
    (c) An affected source is a new affected source if its construction 
commenced after June 21, 2002, and the construction is of a completely 
new wood building products surface coating source where previously no 
wood building products surface coating source had existed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec.  63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.


Sec.  63.4683  When do I have to comply with this subpart?

    The date by which you must comply with this subpart is called the 
compliance date. The compliance date for each type of affected source 
is specified in paragraphs (a) through (c) of this section. The 
compliance date begins the initial compliance period during which you 
conduct the initial compliance demonstration described in Sec. Sec.  
63.4740, 63.4750, and 63.4760.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section:
    (1) If the initial startup of your new or reconstructed affected 
source is before May 28, 2003, the compliance date is May 28, 2003.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after May 28, 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 28, 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 28, 
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 28, 
2003, whichever is later.
    (d) You must meet the notification requirements in Sec.  63.4710 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

[[Page 31762]]

Emission Limitations


Sec.  63.4690  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere to no more than the applicable 
emission limit(s) in Table 1 to this subpart, determined according to 
the requirements in Sec. Sec.  63.4741, 63.4751, or 63.4761.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than the applicable emission 
limit(s) in Table 2 to this subpart, determined according to the 
requirements in Sec.  63.4741, Sec.  63.4751, or Sec.  63.4761.
    (c) If the affected source applies coatings to products that are in 
different subcategories as described in Sec.  63.4681(a), then you must 
demonstrate initial and continuous compliance by selecting one of the 
approaches described in paragraphs (c)(1) and (2) of this section.
    (1) Conduct separate compliance demonstrations for each applicable 
subcategory emission limit and reflect these separate determinations in 
notifications, reports, and records required by Sec. Sec.  63.4710, 
63.4720, and 63.4730, respectively.
    (2) Demonstrate compliance with the most stringent of the 
applicable subcategory emission limits.


Sec.  63.4691  What are my options for meeting the emission limits?

    You must include all coatings, thinners, and cleaning materials 
used in the affected source when determining whether the organic HAP 
emission rate is equal to or less than the applicable emission limit in 
Sec.  63.4690. To make this determination, you must use at least one of 
the three compliance options listed in paragraphs (a) through (c) of 
this section. You may apply any of the compliance options to an 
individual coating operation or to multiple coating operations as a 
group or to the entire affected source. You may use different 
compliance options for different coating operations or at different 
times on the same coating operation. However, you may not use different 
compliance options at the same time on the same coating operation. If 
you switch between compliance options for any coating operation or 
group of coating operations, you must document this switch as required 
by Sec.  63.4730(c), and you must report it in the next semiannual 
compliance report required in Sec.  63.4720.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than 
or equal to the applicable emission limit(s) in Sec.  63.4690, and that 
each thinner and each cleaning material used contains no organic HAP. 
You must meet all the requirements of Sec. Sec.  63.4740, 63.4741, and 
63.4742 to demonstrate compliance with the emission limit using this 
option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation(s), the organic HAP emission rate for the coating 
operation(s) is less than or equal to the applicable emission limit(s) 
in Sec.  63.4690, calculated as a rolling 12-month emission rate and 
determined on a monthly basis. You must meet all the requirements of 
Sec. Sec.  63.4750, 63.4751, and 63.4752 to demonstrate compliance with 
the emission limit using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings, thinners, and cleaning materials used in the 
coating operation(s) and the emission reductions achieved by emission 
capture systems and add-on controls, the organic HAP emission rate for 
the coating operation(s) is less than or equal to the applicable 
emission limit(s) in Sec.  63.4690, calculated as a rolling 12-month 
emission rate and determined on a monthly basis. If you use this 
compliance option, you must also demonstrate that all emission capture 
systems and add-on control devices for the coating operation(s) meet 
the operating limits required in Sec.  63.4692, except for solvent 
recovery systems for which you conduct liquid-liquid material balances 
according to Sec.  63.4761(j), and that you meet the work practice 
standards required in Sec.  63.4693. You must meet all the requirements 
of Sec. Sec.  63.4760 through 63.4768 to demonstrate compliance with 
the emission limits, operating limits, and work practice standards 
using this option.


Sec.  63.4692  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec.  63.4761(j), you must meet the operating 
limits specified in Table 3 to this subpart. These operating limits 
apply to the emission capture and control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during the performance test according to the 
requirements in Sec.  63.4767. You must meet the operating limits at 
all times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 3 to this subpart, or wish to monitor an alternative parameter 
and comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec.  
63.8(f).


Sec.  63.4693  What work practice standards must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any work practice standards.
    (b) If you use the emission rate with add-on controls option, you 
must develop and implement a work practice plan to minimize organic HAP 
emissions from the storage, mixing, and conveying of coatings, 
thinners, and cleaning materials used in, and waste materials generated 
by, the coating operation(s); or you must meet an alternative standard 
as provided in paragraph (d) of this section. The plan must specify 
practices and procedures to ensure that, at a minimum, the elements 
specified in paragraphs (b)(1) through (5) of this section are 
implemented. You must make the plan available upon request for 
inspection by the Administrator.
    (1) All organic-HAP coatings, thinners, cleaning materials, and 
waste materials must be stored in closed containers.
    (2) Spills of organic-HAP coatings, thinners, cleaning materials, 
and waste materials must be minimized.
    (3) Organic-HAP coatings, thinners, cleaning materials, and waste 
materials must be conveyed from one location to another in closed 
containers or pipes.
    (4) Mixing vessels that contain organic-HAP coatings and other 
materials must be closed except when adding to, removing, or mixing the 
contents.
    (5) Emissions of organic-HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the sources 
specified in paragraphs (b)(1) through (5) of this section, then your 
existing plan can be used to meet the requirement for a work

[[Page 31763]]

practice plan as specified in paragraph (b) of this section.
    (d) As provided in Sec.  63.6(g), we, the U.S. Environmental 
Protection Agency (U.S. EPA), may choose to grant you permission to use 
an alternative to the work practice standards in this section.

General Compliance Requirements


Sec.  63.4700  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations in this 
subpart as specified in paragraphs (a)(1) and (2) of this section.
    (1) Any coating operation(s) for which you use the compliant 
material option or the emission rate without add-on controls option, as 
specified in Sec.  63.4691(a) and (b), must be in compliance with the 
applicable emission limit in Sec.  63.4690 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec.  63.4691(c), must be 
in compliance with the emission limitations as specified in paragraphs 
(a)(2)(i) through (iii) of this section.
    (i) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec.  63.4690 at all times, except during 
periods of startup, shutdown, and malfunction (SSM).
    (ii) The coating operation(s) must be in compliance with the 
operating limits for emission capture systems and add-on control 
devices required by Sec.  63.4692 at all times, except during periods 
of SSM, and except for solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec.  63.4761(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec.  63.4693 at all times.
    (b) You must always operate and maintain your affected source, 
including all air pollution control and monitoring equipment you use 
for purposes of complying with this subpart, according to the 
provisions in Sec.  63.6(e)(1)(i).
    (c) If your affected source uses an emission capture system and 
add-on control device, you must maintain a log detailing the operation 
and maintenance of the emission capture system, add-on control device, 
and continuous parameter monitors during the period between the 
compliance date specified for your affected source in Sec.  63.4683 and 
the date when the initial emission capture system and add-on control 
device performance tests have been completed, as specified in Sec.  
63.4760. This requirement does not apply to a solvent recovery system 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4761(j) in lieu of conducting performance tests.
    (d) If your affected source uses an emission capture system and 
add-on control device, you must develop and implement a written 
startup, shutdown, and malfunction plan (SSMP) according to the 
provisions in Sec.  63.6(e)(3). The SSMP must address startup, 
shutdown, and corrective actions in the event of a malfunction of the 
emission capture system or the add-on control device. The 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.  63.4701  What parts of the General Provisions apply to me?

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

Notifications, Reports, and Records


Sec.  63.4710  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec.  
63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply 
to you by the dates specified in those sections, except as provided in 
paragraphs (b) and (c) of this section.
    (b) Initial Notification. You must submit the Initial Notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup or 120 days after May 28, 
2003, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than 120 days after May 28, 
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.  63.4740, Sec.  63.4750, or Sec.  63.4760 that 
applies to your affected source. The Notification of Compliance Status 
must contain the information specified in paragraphs (c)(1) through (9) 
of this section and in Sec.  63.9(h).
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec.  63.4740, Sec.  63.4750, or Sec.  63.4760 that 
applies to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec.  63.4691 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec.  
63.4690, include all the calculations you used to determine the grams 
organic HAP emitted per liter of coating solids used (pounds (lb) 
organic HAP emitted per gallon of coating solids used). You do not need 
to submit information provided by the materials suppliers or 
manufacturers, or test reports.
    (7) For each of the data items listed in paragraphs (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec.  63.4741(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner, 
and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner, and one cleaning 
material, except that if you use the compliant material option, only 
the example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an 
allowance in Equation 1 of Sec.  63.4751.
    (8) The calculation of grams organic HAP emitted per liter coating 
solids used (lb organic HAP emitted per gallon coating solids used) for 
the compliance option(s) you used, as specified in paragraphs (c)(8)(i) 
through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 
2 of Sec.  63.4741.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for each 
month; the

[[Page 31764]]

calculation of the total volume of coating solids used each month; and 
the calculation of the 12-month organic HAP emission rate, using 
Equations 1 and 1A through 1C, 2, and 3, respectively, of Sec.  
63.4751.
    (iii) For the emission rate with add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used each month, using 
Equations 1 and 1A through 1C of Sec.  63.4751; the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec.  63.4751; the calculation of the mass of organic HAP emission 
reduction each month by emission capture systems and add-on control 
devices, using Equations 1, 1A through 1D, 2, 3, and 3A through 3C of 
Sec.  63.4761, as applicable; the calculation of the total mass of 
organic HAP emissions each month, using Equation 4 of Sec.  63.4761; 
and the calculation of the 12-month organic HAP emission rate, using 
Equation 5 of Sec.  63.4761.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (c)(9)(i) through (iv) 
of this section, except that the requirements in paragraphs (c)(9)(i) 
through (iii) of this section do not apply to solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4761(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you 
use the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show 
you meet the DQO or LCL criteria in appendix A to subpart KK of this 
part. You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system and add-on control 
device operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented 
the work practice plan required by Sec.  63.4693.


Sec.  63.4720  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by 
reports required under other parts of the Clean Air Act (CAA), as 
specified in paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec.  63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section. 
Note that the information reported for each of the months in the 
reporting period will be based on the last 12 months of data prior to 
the date of each monthly calculation.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec.  63.4740, Sec.  63.4750, or 
Sec.  63.4760 that applies to your affected source and ends on June 30 
or December 31, whichever occurs first following the end of the initial 
compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 
or the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (iv) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the date specified in paragraph (a)(1)(iii) of 
this section.
    (2) Inclusion with title V report. Each affected source that has 
obtained a title V operating permit pursuant to 40 CFR part 70 or 40 
CFR part 71 must report all deviations as defined in this subpart in 
the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) 
or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a 
semiannual compliance report pursuant to this section along with, or as 
part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual 
compliance report includes all required information concerning 
deviations from any emission limitation in this subpart, its submission 
shall be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a 
semiannual compliance report shall not otherwise affect any obligation 
the affected source may have to report deviations from permit 
requirements to the permitting authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) 
of this section, and the information specified in paragraphs (a)(4) 
through (7) and (c)(1) of this section that is applicable to your 
affected source.
    (i) Company name and address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (iii) Date of report and beginning and ending dates of the 
reporting period. The reporting period is the 6-month period ending on 
June 30 or December 31. Note that the information reported for each of 
the 6 months in the reporting period will be based on the last 12 
months of data prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified 
in Sec.  63.4691 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec.  63.4691(b) 
or (c)), the calculation results for each rolling 12-month organic HAP 
emission rate during the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations in Sec. Sec.  63.4690, 63.4692, and 63.4693 that apply to 
you, the semiannual compliance report must include a statement that 
there were no deviations from the emission limitations during the 
reporting period. If you used the emission rate with add-on controls 
option and there were no periods during which the continuous parameter 
monitoring systems (CPMS) were out-of-control as specified in Sec.  
63.8(c)(7), the semiannual compliance report must include a statement 
that there were no periods during which the CPMS were

[[Page 31765]]

out-of-control during the reporting period.
    (5) Deviations: compliant material option. If you used the 
compliant material option, and there was a deviation from the 
applicable emission limit in Sec.  63.4690, the semiannual compliance 
report must contain the information in paragraphs (a)(5)(i) through 
(iv) of this section.
    (i) Identification of each coating used that deviated from the 
emission limit, each thinner and cleaning material used that contained 
organic HAP, and the dates and time periods each was used.
    (ii) The calculation of the organic HAP content (using Equation 2 
of Sec.  63.4741) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation (e.g., information provided by coating suppliers or 
manufacturers, or test reports).
    (iii) The determination of mass fraction of organic HAP for each 
coating, thinner, and cleaning material identified in paragraph 
(a)(5)(i) of this section. You do not need to submit background data 
supporting this calculation (e.g., information provided by material 
suppliers or manufacturers, or test reports).
    (iv) A statement of the cause of each deviation.
    (6) Deviations: emission rate without add-on controls option. If 
you used the emission rate without add-on controls option and there was 
a deviation from the applicable emission limit in Sec.  63.4690, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iii) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec.  63.4690.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation 
occurred. You must provide the calculations for Equations 1, 1A through 
1C, 2, and 3 in Sec.  63.4751; and if applicable, the calculation used 
to determine mass of organic HAP in waste materials according to Sec.  
63.4751(e)(4). You do not need to submit background data supporting 
these calculations (e.g., information provided by materials suppliers 
or manufacturers, or test reports).
    (iii) A statement of the cause of each deviation.
    (7) Deviations: emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from an emission limitation (including any periods when 
emissions bypassed the add-on control device and were diverted to the 
atmosphere), the semiannual compliance report must contain the 
information in paragraphs (a)(7)(i) through (xiv) of this section. This 
includes periods of SSM during which deviations occurred.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec.  63.4690.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for each compliance period in which a deviation occurred. 
You must provide the calculation of the total mass of organic HAP 
emissions for the coatings, thinners, and cleaning materials used each 
month, using Equations 1 and 1A through 1C of Sec.  63.4751; and, if 
applicable, the calculation used to determine mass of organic HAP in 
waste materials according to Sec.  63.4751(e)(4); the calculation of 
the total volume of coating solids used each month, using Equation 2 of 
Sec.  63.4751; the calculation of the mass of organic HAP emission 
reduction each month by emission capture systems and add-on control 
devices, using Equations 1 and 1A through 1D of Sec.  63.4761, and 
Equations 2, 3, and 3A through 3C of Sec.  63.4761, as applicable; the 
calculation of the total mass of organic HAP emissions each month, 
using Equation 4 of Sec.  63.4761; and the calculation of the 12-month 
organic HAP emission rate, using Equation 5 of Sec.  63.4761. You do 
not need to submit the background data supporting these calculations 
(e.g., information provided by materials suppliers or manufacturers, or 
test reports).
    (iii) The date and time that each malfunction started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vii) The date, time, and duration that each CPMS was out-of-
control, including the information in Sec.  63.8(c)(8).
    (viii) The date and time period of each deviation from an operating 
limit in Table 3 to this subpart, date and time period of any bypass of 
the add-on control device, and whether each deviation occurred during a 
period of SSM or during another period.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 3 to this subpart, each bypass of the add-on 
control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 3 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period by identifying 
deviations due to startup, shutdown, control equipment problems, 
process problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as 
a percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For each deviation from the work practice standards, a 
description of the deviation, the date and time period of the 
deviation, and the actions you took to correct the deviation.
    (xiv) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with 
add-on controls option, you must submit reports of performance test 
results for emission capture systems and add-on control devices no 
later than 60 days after completing the tests as specified in Sec.  
63.10(d)(2).
    (c) SSM reports. If you used the emission rate with add-on controls 
option and you had an SSM 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) 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 SSM 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

[[Page 31766]]

Sec.  63.10(d)(5)(ii). The letter must contain the information 
specified in Sec.  63.10(d)(5)(ii).


Sec.  63.4730  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers 
or manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic HAP and density for each 
coating, thinner, and cleaning material and the volume fraction of 
coating solids for each coating. If you conducted testing to determine 
mass fraction of organic HAP, density, or volume fraction of coating 
solids, you must keep a copy of the complete test report. If you use 
information provided to you by the manufacturer or supplier of the 
material that was based on testing, you must keep the summary sheet of 
results provided to you by the manufacturer or supplier. You are not 
required to obtain the test report or other supporting documentation 
from the manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations at which you used each 
compliance option and the time periods (beginning and ending dates and 
times) you used each option.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 2 of Sec.  
63.4741.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners, and cleaning materials used each month, using 
Equations 1, 1A through 1C, and 2 of Sec.  63.4751; and, if applicable, 
the calculation used to determine mass of organic HAP in waste 
materials according to Sec.  63.4751(e)(4); the calculation of the 
total volume of coating solids used each month, using Equation 2 of 
Sec.  63.4751; and the calculation of each 12-month organic HAP 
emission rate, using Equation 3 of Sec.  63.4751.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (v) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners, and cleaning materials used each month, using 
Equations 1 and 1A through 1C of Sec.  63.4751; and, if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec.  63.4751(e)(4).
    (ii) The calculation of the total volume of coating solids used 
each month, using Equation 2 of Sec.  63.4751.
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices, using Equations 
1 and 1A through 1D of Sec.  63.4761, and Equations 2, 3, and 3A 
through 3C of Sec.  63.4761, as applicable.
    (iv) The calculation of the total mass of organic HAP emissions 
each month, using Equation 4 of Sec.  63.4761.
    (v) The calculation of each 12-month organic HAP emission rate, 
using Equation 5 of Sec.  63.4761.
    (d) A record of the name and volume of each coating, thinner, and 
cleaning material used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner, and cleaning material used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) A record of the density for each coating used during each 
compliance period; and, if you use either the emission rate without 
add-on controls or the emission rate with add-on controls compliance 
option, the density for each thinner and cleaning material used during 
each compliance period.
    (h) If you use an allowance in Equation 1 of Sec.  63.4751 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) 
according to Sec.  63.4751(e)(4), you must keep records of the 
information specified in paragraphs (h)(1) through (3) of this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 1 of Sec.  
63.4751; a statement of which subparts under 40 CFR parts 262, 264, 
265, and 266 apply to the facility; and the date of each shipment.
    (2) Identification of the coating operations producing waste 
materials included in each shipment and the month or months in which 
you used the allowance for these materials in Equation 1 of Sec.  
63.4751.
    (3) The methodology used in accordance with Sec.  63.4751(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.
    (i) [Reserved]
    (j) You must keep records of the date, time, and duration of each 
deviation.
    (k) If you use the emission rate with add-on controls option, you 
must keep the records specified in paragraphs (k)(1) through (8) of 
this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of SSM.
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
SSM.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 3 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec.  63.4765(a).
    (5) For each capture system that is not a PTE, the data and 
documentation you used to determine capture efficiency according to the 
requirements specified in Sec. Sec.  63.4764 and 63.4765(b) through 
(e), including the records specified in paragraphs (k)(5)(i) through 
(iii) of this section that apply to you.
    (i) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of 
the mass of TVH emissions not captured by the capture system that 
exited the temporary total enclosure or building enclosure during each 
capture efficiency test run as measured by Method 204D or E of appendix 
M to 40 CFR part 51, including a copy of the test report. Records 
documenting that the enclosure used for the capture efficiency test met 
the criteria in Method 204 of appendix M to 40 CFR part 51 for either a 
temporary total enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a

[[Page 31767]]

building enclosure. Records of the mass of TVH emissions captured by 
the emission capture system as measured by Method 204B or C of appendix 
M to 40 CFR part 51 at the inlet to the add-on control device, 
including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec.  63.4765(e), if applicable.
    (6) The records specified in paragraphs (k)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec.  63.4766.
    (i) Records of each add-on control device performance test 
conducted according to Sec. Sec.  63.4764 and 63.4766.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as 
specified in Sec.  63.4767 and to document compliance with the 
operating limits as specified in Table 3 to this subpart.
    (8) A record of the work practice plan required by Sec.  63.4693, 
and documentation that you are implementing the plan on a continuous 
basis.


Sec.  63.4731  In what form and for how long must I keep my records?

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

Compliance Requirements for the Compliant Material Option


Sec.  63.4740  By what date must I conduct the initial compliance 
demonstration?

    You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements in Sec.  
63.4741. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. The initial compliance demonstration includes the 
calculations according to Sec.  63.4741 and supporting documentation 
showing that during the initial compliance period, you used no coating 
with an organic HAP content that exceeded the applicable emission limit 
in Sec.  63.4690, and that you used no thinners or cleaning materials 
that contained organic HAP.


Sec.  63.4741  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the compliant material option for any individual 
coating operation, for any group of coating operations in the affected 
source, or for all the coating operations in the affected source. You 
must use either the emission rate without add-on controls option or the 
emission rate with add-on controls option for any coating operation in 
the affected source for which you do not use this option. To 
demonstrate initial compliance using the compliant material option, the 
coating operation or group of coating operations must use no coating 
with an organic HAP content that exceeds the applicable emission limit 
in Sec.  63.4690 and must use no thinner or cleaning material that 
contains organic HAP as determined according to this section. Any 
coating operation for which you use the compliant material option is 
not required to meet the operating limits or work practice standards 
required in Sec. Sec.  63.4692 and 63.4693, respectively. To 
demonstrate initial compliance with the emission limitations using the 
compliant material option, you must meet all the requirements of this 
section for the coating operation or group of coating operations using 
this option. Use the procedures in this section on each coating, 
thinner, and cleaning material in the condition it is in when it is 
received from its manufacturer or supplier and prior to any alteration. 
You do not need to redetermine the mass of organic HAP in coatings, 
thinners, or cleaning materials that have been reclaimed onsite and 
reused in the coating operation(s) for which you use the compliant 
material option, provided these materials in their condition as 
received were demonstrated to comply with the compliant material 
option. If the mass fraction of organic HAP of a coating equals zero, 
determined according to paragraph (a) of this section, and you use the 
compliant material option, you are not required to comply with 
paragraphs (b) and (c) of this section for that coating.
    (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. If these values cannot be determined 
using Method 311, the owner or operator shall submit an alternative 
technique for determining their values for approval by the 
Administrator.
    (i) Count each organic HAP that is measured to be 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 measured to be 0.5 percent of the material by mass, you do not have 
to count it. Express the mass fraction of each organic HAP you count as 
a value truncated to four places after the decimal point (e.g., 
0.379178412 truncates to 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (e.g., 
0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP. (Note: Method 24 is not appropriate for those coatings with a 
water content that would result in an effective detection

[[Page 31768]]

limit greater than the applicable emission limit.)
    (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 unless, after consultation, a regulated 
source could demonstrate to the satisfaction of the enforcement agency 
that the formulation data were correct.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in 
these solvent blends listed in Table 5 or Table 6 to this subpart. If 
you use the tables, you must use the values in Table 5 for all solvent 
blends that match Table 5 entries, and you may only use Table 6 if the 
solvent blends in the materials you use do not match any of the solvent 
blends in Table 5 and you only know whether the blend is aliphatic or 
aromatic. However, if the results of a Method 311 (40 CFR part 63, 
appendix A) test indicate higher values than those listed on Table 5 or 
Table 6 to this subpart, the Method 311 results will take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by one of the methods specified in 
paragraph (b)(1), (2), or (3) of this section.
    (1) ASTM Method D2697-86 (Reapproved 1998) or D6093-97. 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. If these values cannot 
be determined using these methods, the owner operator may submit an 
alternative technique for determining their values for approval by the 
Administrator.
    (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] TR98AD03.000

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. 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 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, grams organic HAP per liter coating solids, of 
each coating used during the compliance period, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.001

Where:

Hc = Organic HAP content of the coating, grams organic HAP 
per liter coating solids.
Dc = Density of coating, grams coating per liter coating, 
determined according to paragraph (c) of this section.
Wc = Mass fraction of organic HAP in the coating, grams 
organic HAP per gram coating, determined according to paragraph (a) of 
this section.
Vs = Volume fraction of coating solids, liter coating solids 
per liter coating, determined according to paragraph (b) of this 
section.
    (e) Compliance demonstration. The organic HAP content for each 
coating used during the initial compliance period, determined using 
Equation 2 of this section, must be less than or equal to the 
applicable emission limit in Sec.  63.4690; and each thinner and 
cleaning material used during the initial compliance period must 
contain no organic HAP, determined according to paragraph (a) of this 
section. You must keep all records required by Sec. Sec.  63.4730 and 
63.4731. As part of the Notification of Compliance Status required in 
Sec.  63.4710, you must identify the coating operation(s) for which you 
used the compliant material option and submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the initial compliance period because you used no 
coatings for which the organic HAP content exceeded the applicable 
emission limit in Sec.  63.4690, and you used no thinners or cleaning 
materials that contained organic HAP, determined according to paragraph 
(a) of this section.


Sec.  63.4742  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) For each compliance period to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content 
determined using Equation 2 of Sec.  63.4741 exceeds the

[[Page 31769]]

applicable emission limit in Sec.  63.4690; and use no thinner or 
cleaning material that contains organic HAP, determined according to 
Sec.  63.4741(a). A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec.  
63.4740 is the end of a compliance period consisting of that month and 
the preceding 11 months.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner, or 
cleaning material that does not meet the criteria specified in 
paragraph (a) of this section is a deviation from the emission 
limitations that must be reported as specified in Sec. Sec.  
63.4710(c)(6) and 63.4720(a)(5).
    (c) As part of each semiannual compliance report required by Sec.  
63.4720, you must identify the coating operation(s) for which you used 
the compliant material option. If there were no deviations from the 
emission limitations in Sec.  63.4690, submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because you used no coating for 
which the organic HAP content exceeded the applicable emission limit in 
Sec.  63.4690, and you used no thinner or cleaning material that 
contained organic HAP, determined according to Sec.  63.4741(a).
    (d) You must maintain records as specified in Sec. Sec.  63.4730 
and 63.4731.

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


Sec.  63.4750  By what date must I conduct the initial compliance 
demonstration?

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


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

    You may use the emission rate without add-on controls option for 
any individual coating operation, for any group of coating operations 
in the affected source, or for all the coating operations in the 
affected source. You must use either the compliant material option or 
the emission rate with add-on controls option for any coating operation 
in the affected source for which you do not use this option. To 
demonstrate initial compliance using the emission rate without add-on 
controls option, the coating operation or group of coating operations 
must meet the applicable emission limit in Sec.  63.4690. Any coating 
operation for which you use the emission rate without add-on controls 
option is not required to meet the operating limits or work practice 
standards required in Sec. Sec.  63.4692 and 63.4693, respectively. You 
must meet all the requirements of this section to demonstrate initial 
compliance with the applicable emission limit in Sec.  63.4690 for the 
coating operation(s). When calculating the organic HAP emission rate 
according to this section, do not include any coatings, thinners, or 
cleaning materials used on coating operations for which you use the 
compliant material option or the emission rate with add-on controls 
option. You do not need to redetermine the mass of organic HAP in 
coatings, thinners, or cleaning materials that have been reclaimed 
onsite and reused in the coating operation(s) for which you use the 
emission rate without add-on controls option.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner, 
and cleaning material used during each month according to the 
requirements in Sec.  63.4741(a).
    (b) Determine the volume fraction of coating solids for each 
coating. Determine the volume fraction of coating solids for each 
coating used during each month according to the requirements in Sec.  
63.4741(b).
    (c) Determine the density of each material. Determine the density 
of each coating, thinner, and cleaning material used during each month 
from test results using ASTM Method D1475-90, 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. Determine the 
volume (liters) of each coating, thinner, and cleaning material used 
during each month by measurement or usage records.
    (e) Calculate the mass of organic HAP emissions. The mass of 
organic HAP emissions is the combined mass of organic HAP contained in 
all coatings, thinners, and cleaning materials used during each month 
minus the organic HAP in certain waste materials. Calculate it using 
Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR98AD03.002

Where:

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

    (1) Calculate the mass of organic HAP in the coatings used during 
the month, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.003


[[Page 31770]]


Where:

A = Total mass of organic HAP in the coatings used during the month, 
grams.
Volc,i = Total volume of coating, i, used during the month, 
liters.
Dc,i = Density of coating, i, grams coating per liter 
coating.
Wc,i = Mass fraction of organic HAP in coating, i, grams 
organic HAP per gram coating.
m = Number of different coatings used during the month.

    (2) Calculate the mass of organic HAP in the thinners used during 
the month, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.004

Where:

B = Total mass of organic HAP in the thinners used during the month, 
grams.
Volt,j = Total volume of thinner, j, used during the month, 
liters.
Dt,j = Density of thinner, j, grams per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, grams 
organic HAP per gram thinner.
n = Number of different thinners used during the month.

    (3) Calculate the mass of organic HAP in the cleaning materials 
used during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.005

Where:

C = Total mass of organic HAP in the cleaning materials used during the 
month, grams.
Vols,k = Total volume of cleaning material, k, used during 
the month, liters.
Ds,k = Density of cleaning material, k, grams per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
grams organic HAP per gram material.
p = Number of different cleaning materials used during the month.

    (4) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in Equation 1 of this section, then you must determine it 
according to paragraphs (e)(4)(i) through (iv) of this section.
    (i) You may include in the determination only waste materials that 
are generated by coating operations for which you use Equation 1 of 
this section and that will be treated or disposed of by a facility 
regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF 
may be either off-site or on-site. You may not include organic HAP 
contained in wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the month or the amount collected and stored 
during the month and designated for future transport to a TSDF. Do not 
include in your determination any waste materials sent to a TSDF during 
a month if you have already included them in the amount collected and 
stored during that month or a previous month.
    (iii) Determine the total mass of organic HAP contained in the 
waste materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You may use any reasonable methodology to determine the amount 
of waste materials and the total mass of organic HAP they contain, and 
you must document your methodology as required in Sec.  63.4730(h). To 
the extent that waste manifests include this information, they may be 
used as part of the documentation of the amount of waste materials and 
mass of organic HAP contained in them.
    (f) Calculate the total volume of coating solids used. Determine 
the total volume of coating solids used which is the combined volume of 
coating solids for all the coatings used during each month, using 
Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.006

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

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the 12-month compliance period, grams organic HAP 
per liter coating solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.007

Where:

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

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial 12-month compliance period, calculated using Equation 3 of this 
section, must be less than or equal to the applicable emission limit in 
Sec.  63.4690. You must keep all records as required by Sec. Sec.  
63.4730 and 63.4731. As part of the Notification of Compliance Status 
required by Sec.  63.4710, you must identify the coating operation(s) 
for which you used the emission rate without add-on controls option and 
submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the initial compliance 
period because the organic HAP emission rate was less than or equal to 
the applicable emission limit in Sec.  63.4690, determined according to 
this section.

[[Page 31771]]

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

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, calculated using Equation 3 of Sec.  
63.4751, must be less than or equal to the applicable emission limit in 
Sec.  63.4690. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec.  
63.4750 is the end of a compliance period consisting of that month and 
the preceding 11 months. You must perform the calculations in Sec.  
63.4751(a) through (g) on a monthly basis using data from the previous 
12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec.  63.4690, this is 
a deviation from the emission limitations for that compliance period 
and must be reported as specified in Sec. Sec.  63.4710(c)(6) and 
63.4720(a)(6).
    (c) As part of each semiannual compliance report required by Sec.  
63.4720, you must identify the coating operation(s) for which you used 
the emission rate without add-on controls option. If there were no 
deviations from the emission limitations, you must submit a statement 
that the coating operation(s) was (were) in compliance with the 
emission limitations during the reporting period because the organic 
HAP emission rate for each compliance period was less than or equal to 
the applicable emission limit in Sec.  63.4690, determined according to 
Sec.  63.4751(a) through (g).
    (d) You must maintain records as specified in Sec. Sec.  63.4730 
and 63.4731.

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


Sec.  63.4760  By what date must I conduct performance tests and other 
initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.4683. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4761(j), you must conduct a performance test of each capture 
system and add-on control device according to Sec. Sec.  63.4764, 
63.4765, and 63.4766, and establish the operating limits required by 
Sec.  63.4692 no later than 180 days after the applicable compliance 
date specified in Sec.  63.4683. For a solvent recovery system for 
which you conduct liquid-liquid material balances according to Sec.  
63.4761(j), you must initiate the first material balance no later than 
180 days after the applicable compliance date specified in Sec.  
63.4683.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.4693 no later than the compliance date specified 
in Sec.  63.4683.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.4761. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
volume of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. Sec.  63.4764, 63.4765, and 63.4766; 
results of liquid-liquid material balances conducted according to Sec.  
63.4761(j); calculations according to Sec.  63.4761 and supporting 
documentation showing that during the initial compliance period, the 
organic HAP emission rate was equal to or less than the emission limit 
in Sec.  63.4690(a); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec.  63.4768; and documentation of whether you 
developed and implemented the work practice plan required by Sec.  
63.4693.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.4692 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(a)(1) of this section. The requirements in this paragraph (a)(4) do 
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances according to the requirements in Sec.  
63.4761(j).
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.4683. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4761(j), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Sec. Sec.  63.4764, 63.4765, and 63.4766 and establish the operating 
limits required by Sec.  63.4692 no later than the applicable 
compliance date specified in Sec.  63.4683. For a solvent recovery 
system for which you conduct liquid-liquid material balances according 
to Sec.  63.4761(j), you must initiate the first material balance no 
later than the compliance date specified in Sec.  63.4683.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.4693 no later than the compliance date specified 
in Sec.  63.4683.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.4761. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4683 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
volume of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. Sec.  63.4764, 63.4765, and 63.4766; 
results of liquid-liquid material balances conducted according to Sec.  
63.4761(j); calculations according to Sec.  63.4761 and supporting 
documentation showing that during the initial compliance period the 
organic HAP emission rate was equal to or less than the emission limit 
in Sec.  63.4690(b); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec.  63.4768; and

[[Page 31772]]

documentation of whether you developed and implemented the work 
practice plan required by Sec.  63.4693.


Sec.  63.4761  How do I demonstrate initial compliance?

    (a) You may use the emission rate with add-on controls option for 
any coating operation, for any group of coating operations in the 
affected source, or for all of the coating operations in the affected 
source. You may include both controlled and uncontrolled coating 
operations in a group for which you use this option. You must use 
either the compliant material option or the emission rate without add-
on controls option for any coating operation in the affected source for 
which you do not use the emission rate with add-on controls option. To 
demonstrate initial compliance, the coating operation(s) for which you 
use the emission rate with add-on controls option must meet the 
applicable emission limitations in Sec. Sec.  63.4690, 63.4692, and 
63.4693. You must meet all the requirements of this section to 
demonstrate initial compliance with the emission limitations. When 
calculating the organic HAP emission rate according to this section, do 
not include any coatings, thinners, or cleaning materials used on 
coating operations for which you use the compliant material option or 
the emission rate without add-on controls option. You do not need to 
redetermine the mass of organic HAP in coatings, thinners, or cleaning 
materials that have been reclaimed and reused in the coating 
operation(s) for which you use the emission rate with add-on controls 
option.
    (b) Compliance with operating limits. Except as provided in Sec.  
63.4760(a)(4), and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements 
of Sec.  63.4761(j), you must establish and demonstrate continuous 
compliance during the initial compliance period with the operating 
limits required by Sec.  63.4692, using the procedures specified in 
Sec. Sec.  63.4767 and 63.4768.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.4693 during the initial compliance period, as 
specified in Sec.  63.4730.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (n) of this section to demonstrate compliance 
with the applicable emission limit in Sec.  63.4690.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec.  63.4751(a) through (d) to determine the mass 
fraction of organic HAP, density, and volume of each coating, thinner, 
and cleaning material used during each month; and the volume fraction 
of coating solids for each coating used during each month.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec.  63.4751, calculate the total mass 
of organic HAP emissions before add-on controls from all coatings, 
thinners, and cleaning materials used during each month in the coating 
operation or group of coating operations for which you use the emission 
rate with add-on controls option.
    (g) Calculate the organic HAP emission reduction for each 
controlled coating operation. Determine the mass of organic HAP 
emissions reduced for each controlled coating operation during each 
month. The emission reduction determination quantifies the total 
organic HAP emissions that pass through the emission capture system and 
are destroyed or removed by the add-on control device. Use the 
procedures in paragraph (h) of this section to calculate the mass of 
organic HAP emission reduction for each controlled coating operation 
using an emission capture system and add-on control device other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances. For each controlled coating operation using a solvent 
recovery system for which you conduct a liquid-liquid material balance, 
use the procedures in paragraph (j) of this section to calculate the 
organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for each 
controlled coating operation not using liquid-liquid material balances. 
For each controlled coating operation using an emission capture system 
and add-on control device other than a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate the 
organic HAP emission reduction, using Equation 1 of this section. The 
calculation applies the emission capture system efficiency and add-on 
control device efficiency to the mass of organic HAP contained in the 
coatings, thinners, and cleaning materials that are used in the coating 
operation served by the emission capture system and add-on control 
device during each month. For any period of time a deviation specified 
in Sec.  63.4763(c) or (d) occurs in the controlled coating operation, 
including a deviation during a period of SSM, 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] TR98AD03.008

Where:

Hc = Mass of organic HAP emission reduction for the 
controlled coating operation during the month, grams.
Ac = Total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, grams.
Bc = Total mass of organic HAP in the thinners used in the 
controlled coating operation during the month, grams, as calculated in 
Equation 1B of this section.
Cc = Total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, grams, as 
calculated in Equation 1C of this section.
Hunc = Total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in Sec.  
63.4763(c) and (d) that occurred during the month in the controlled 
coating operation, grams, as calculated in Equation 1D of this section.
CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent. Use the test methods and procedures 
specified in Sec. Sec.  63.4764 and 63.4765 to measure and record 
capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on 
control device, percent. Use the test methods and procedures in 
Sec. Sec.  63.4764 and 63.4766 to measure and record the organic HAP 
destruction or removal efficiency.

[[Page 31773]]

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, grams, using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.009

Where:

Ac = Total mass of organic HAP in the coatings used in the 
controlled coating operation, grams.
Volc,i = Total volume of coating, i, used during the month, 
liters.
Dc,i = Density of coating, i, grams per liter.
Wc,i = mass fraction of organic HAP in coating, i, grams per 
gram.
m = Number of different coatings used.
    (2) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation, grams, using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.010

Where:

Bc = Total mass of organic HAP in the thinners used in the 
controlled coating operation during the month, grams.
Volt,j = Total volume of thinner, j, used during the month, 
liters.
Dt,j = Density of thinner, j, grams per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, grams per 
gram.
n = Number of different thinners used.
    (3) Calculate the mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, grams, using 
Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.011

Where:

Cc = Total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, grams.
Vols,k = Total volume of cleaning material, k, used during 
the month, liters.
Ds,k = Density of cleaning material, k, grams per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
grams per gram.
p = Number of different cleaning materials used.

    (4) Calculate the mass of organic HAP in the coatings, thinners, 
and cleaning materials used in the controlled coating operation during 
deviations specified in Sec.  63.4763(c) and (d), using Equation 1D of 
this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.012

Where:

Hunc = Total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in Sec.  
63.4763(c) and (d) that occurred during the month in the controlled 
coating operation, grams.
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, 
grams per liter.
Wh = mass fraction of organic HAP in coating, thinner, or 
cleaning material, h, grams organic HAP per gram coating.
q = Number of different coatings, thinners, or cleaning materials.
    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for each 
controlled coating operation using liquid-liquid material balances. For 
each controlled coating operation using a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate the 
organic HAP emission reduction by applying the volatile organic matter 
collection and recovery efficiency to the mass of organic HAP contained 
in the coatings, thinners, and cleaning materials that are used in the 
coating operation controlled by the solvent recovery system during each 
month. Perform a liquid-liquid material balance for each month as 
specified in paragraphs (j)(1) through (6) of this section. Calculate 
the mass of organic HAP emission reduction by the solvent recovery 
system as specified in paragraph (j)(7) of this section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each month. The device must be 
initially certified by the manufacturer to be accurate to within +/-2.0 
percent of the mass of volatile organic matter recovered.
    (2) For each solvent recovery system, determine the mass of 
volatile organic matter recovered for the month, grams, based on 
measurement with the device required in paragraph (j)(1) of this 
section.

[[Page 31774]]

    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner, and cleaning material used in the coating operation 
controlled by the solvent recovery system during the month, grams 
volatile organic matter per gram coating. You may determine the 
volatile organic matter mass fraction using Method 24 of 40 CFR part 
60, appendix A, or an EPA approved alternative method, or you may use 
information provided by the manufacturer or supplier of the coating. In 
the event of any inconsistency between information provided by the 
manufacturer or supplier and the results of Method 24 of 40 CFR part 
60, appendix A, or an approved alternative method, the test method 
results will take precedence unless after consultation, a regulated 
source could demonstrate to the satisfaction of the enforcement agency 
that the formulation data were correct.
    (4) Determine the density of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the month, grams per liter, according to Sec.  
63.4751(c).
    (5) Measure the volume of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the month, liters.
    (6) Each month, calculate the solvent recovery system's volatile 
organic matter collection and recovery efficiency, using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.013

Where:

Rv = Volatile organic matter collection and recovery 
efficiency of the solvent recovery system during the month, percent.
Mvr = Mass of volatile organic matter recovered by the 
solvent recovery system during the month, grams.
Voli = Volume of coating, i, used in the coating operation 
controlled by the solvent recovery system during the month, liters.
Di = Density of coating, i, grams per liter.
WVc,i = Mass fraction of volatile organic matter for 
coating, i, grams volatile organic matter per gram coating.
Volj = Volume of thinner, j, used in the coating operation 
controlled by the solvent recovery system during the month, liters.
Dj = Density of thinner, j, grams per liter.
WVt,j = Mass fraction of volatile organic matter for 
thinner, j, grams volatile organic matter per gram thinner.
Volk = Volume of cleaning material, k, used in the coating 
operation controlled by the solvent recovery system during the month, 
liters.
Dk = Density of cleaning material, k, grams per liter.
WVs,k = Mass fraction of volatile organic matter for 
cleaning material, k, grams volatile organic matter per gram cleaning 
material.
m = Number of different coatings used in the coating operation 
controlled by the solvent recovery system during the month.
n = Number of different thinners used in the coating operation 
controlled by the solvent recovery system during the month.
p = Number of different cleaning materials used in the coating 
operation controlled by the solvent recovery system during the month.
    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.014

Where:

HCSR = Mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, grams.
ACSR = Total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, grams, 
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, grams, 
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, grams, 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, grams, 
using Equation 3A of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.015

Where:

ACSR = Total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system during the 
month, grams.
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, grams per liter.

[[Page 31775]]

W c,i = Mass fraction of organic HAP in coating, i, grams 
per gram.
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, grams, 
using Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.016

Where:

BCSR = Total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system during the 
month, grams.
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, grams per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, grams per 
gram.
n = Number of different thinners used.

    (iii) Calculate the mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, grams, using Equation 3C of this section.
[GRAPHIC] [TIFF OMITTED] TR98AD03.017

Where:

CCSR = Total mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, grams.
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, grams per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k, 
grams per gram.
p = Number of different cleaning materials used.

    (k) Calculate the total volume of coating solids used. Determine 
the total volume of coating solids used, liters, which is the combined 
volume of coating solids for all the coatings used during each month in 
the coating operation or group of coating operations for which you use 
the emission rate with add-on controls option, using Equation 2 of 
Sec.  63.4751.
    (l) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, grams, during each month, 
using Equation 4 of this section.
[GRAPHIC] [TIFF OMITTED] TR98AD03.018

Where:

HHAP = Total mass of organic HAP emissions for the month, 
grams.
He = Total mass of organic HAP emissions before add-on 
controls from all the coatings, thinners, and cleaning materials used 
during the month, grams, determined according to paragraph (f) of this 
section.
Hc,i = Total mass of organic HAP emission reduction for 
controlled coating operation, i, not using a liquid-liquid material 
balance, during the month, grams, from Equation 1 of this section.
HCSR,j = Total mass of organic HAP emission reduction for 
coating operation, j, controlled by a solvent recovery system using a 
liquid-liquid material balance, during the month, grams, from Equation 
3 of this section.
q = Number of controlled coating operations not using a liquid-liquid 
material balance.
r = Number of coating operations controlled by a solvent recovery 
system using a liquid-liquid material balance.

    (m) Calculate the organic HAP emission rate for the 12-month 
compliance period. Determine the organic HAP emission rate for the 12-
month compliance period, grams organic HAP per liter coating solids 
used, using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.019

Where:

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

    (n) Compliance demonstration. To demonstrate initial compliance 
with the emission limit, the organic HAP emission rate, calculated 
using Equation 5 of this section, must be less than or equal to the 
applicable emission limit in Sec.  63.4690. You must keep all records 
as required by Sec. Sec.  63.4730 and 63.4731. As part of the 
Notification of Compliance Status required by Sec.  63.4710, you must 
identify the coating operation(s) for which you used the emission rate 
with add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec.  
63.4690, and you achieved the operating limits required by Sec.  
63.4692

[[Page 31776]]

and the work practice standards required by Sec.  63.4693.


Sec.  63.4762  [Reserved]


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

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec.  63.4690, the organic HAP emission rate for each 
compliance period, calculated using Equation 5 of Sec.  63.4761, must 
be equal to or less than the applicable emission limit in Sec.  
63.4690. A compliance period consists of 12 months. Each month after 
the end of the initial compliance period described in Sec.  63.4760 is 
the end of a compliance period consisting of that month and the 
preceding 11 months. You must perform the calculations in Sec.  63.4761 
on a monthly basis using data from the previous 12 months of operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec.  63.4690, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec.  63.4710(c)(6) and 
63.4720(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.4692 that applies to you, as specified in 
Table 3 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 3 to this subpart, this is a deviation from the operating 
limit that must be reported as specified in Sec. Sec.  63.4710(c)(6) 
and 63.4720(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 3 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation. For the purposes of 
completing the compliance calculations specified in Sec.  63.4761(h), 
you must treat the materials used during a deviation on a controlled 
coating operation as if they were used on an uncontrolled coating 
operation for the time period of the deviation, as indicated in 
Equation 1 of Sec.  63.4761.
    (d) You must meet the requirements for bypass lines in Sec.  
63.4768(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when a controlled coating 
operation is running, this is a deviation that must be reported as 
specified in Sec. Sec.  63.4710(c)(6) and 63.4720(a)(7). For the 
purposes of completing the compliance calculations specified in Sec.  
63.4761(h), you must treat the materials used during a deviation on a 
controlled coating operation as if they were used on an uncontrolled 
coating operation for the time period of the deviation, as indicated in 
Equation 1 of Sec.  63.4761.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.4693. If you did not develop a work 
practice plan, or you did not implement the plan, or you did not keep 
the records required by Sec.  63.4730(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec.  63.4710(c)(6) and 63.4720(a)(7).
    (f) As part of each semiannual compliance report required in Sec.  
63.4720, you must identify the coating operation(s) for which you used 
the emission rate with add-on controls option. If there were no 
deviations from the emission limitations, submit a statement that you 
were in compliance with the emission limitations during the reporting 
period because the organic HAP emission rate for each compliance period 
was less than or equal to the applicable emission limit in Sec.  
63.4690, and you achieved the operating limits required by Sec.  
63.4692 and the work practice standards required by Sec.  63.4693 
during each compliance period.
    (g) During periods of SSM of the emission capture system, add-on 
control device, or coating operation that may affect emission capture 
or control device efficiency, you must operate in accordance with the 
SSMP required by Sec.  63.4700(d).
    (h) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur during a period of SSM of the emission capture system, add-
on control device, or coating operation that may affect emission 
capture or control device efficiency are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with the SSMP. The Administrator will determine whether 
deviations that occur during a period you identify as an SSM are 
violations, according to the provisions in Sec.  63.6(e).
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec.  63.4730 
and 63.4731.


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

    (a) You must conduct each performance test required by Sec.  
63.4760 according to the requirements in Sec.  63.7(e)(1) and under the 
conditions in this section unless you obtain a waiver of the 
performance test according to the provisions in Sec.  63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of SSM, 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.  63.4765. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.4766.


Sec.  63.4765  How do I determine the emission capture system 
efficiency?

    You must use the procedures and test methods in this section to 
determine capture efficiency as part of the performance test required 
by Sec.  63.4760.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from 
the enclosure to an add-on control device.
    (2) All coatings, thinners, and cleaning materials used in the 
coating operation are applied within the capture system; coating 
solvent flash-off and coating, curing, and drying occurs within the 
capture system; and the removal or evaporation of cleaning materials 
from the surfaces they are applied to occurs within the capture system. 
For example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.

[[Page 31777]]

    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours in duration or the length of a production run, whichever 
is longer, up to 8 hours. For the purposes of this test, a production 
run means the time required for a single part to go from the beginning 
to the end of production, which includes surface preparation activities 
and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners, and cleaning 
materials are applied, and all areas where emissions from these applied 
coatings and materials subsequently occur, such as flash-off, curing, 
and drying areas. The areas of the coating operation where capture 
devices collect emissions for routing to an add-on control device, such 
as the entrance and exit areas of an oven or spray booth, must also be 
inside the enclosure. The enclosure must meet the applicable definition 
of a temporary total enclosure or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating, 
thinner, and cleaning material used in the coating operation during 
each capture efficiency test run. To make the determination, substitute 
TVH for each occurrence of the term volatile organic compounds (VOC) in 
the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings, thinners, and cleaning 
materials used in the coating operation during each capture efficiency 
test run.
[GRAPHIC] [TIFF OMITTED] TR98AD03.020

Where:

TVHused = Mass of liquid TVH in materials used in the 
coating operation during the capture efficiency test run, grams.
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, grams TVH per gram 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, 
grams 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, grams, of TVH emissions that are not captured by the 
emission capture system; they are measured as they exit the temporary 
total enclosure or building enclosure during each capture efficiency 
test run. To make the measurement, substitute TVH for each occurrence 
of the term VOC in the methods.

    (i) Use Method 204D of appendix M to 40 CFR part 51 if the 
enclosure is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the coating operation for which capture 
efficiency is being determined, must be shut down, but all fans and 
blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.021

Where:

CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVHused = Total mass of TVH liquid input used in the coating 
operation during the capture efficiency test run, grams.
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, 
grams, determined according to paragraph (c)(4) of this section.

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners, and cleaning 
materials are applied, and all areas where emissions from these applied 
coatings and materials subsequently occur, such as

[[Page 31778]]

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, grams, of TVH emissions captured by the 
emission capture system during each capture efficiency test run as 
measured at the inlet to the add-on control device. To make the 
measurement, substitute TVH for each occurrence of the term VOC in the 
methods.
    (i) The sampling points for the Method 204B or 204C of appendix M 
to 40 CFR part 51 measurement must be upstream from the add-on control 
device and must represent total emissions routed from the capture 
system and entering the add-on control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct, and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, grams, of TVH emissions that are not captured 
by the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the 
enclosure is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the coating operation for which capture 
efficiency is being determined, must be shut down, but all fans and 
blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR98AD03.022

Where:

CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission 
capture system as measured at the inlet to the add-on control device 
during the emission capture efficiency test run, grams, determined 
according to paragraph (d)(2) of this section.
TVHuncaptured = Total mass of TVH that is not captured by 
the emission capture system and that exits from the temporary total 
enclosure or building enclosure during the capture efficiency test run, 
grams, determined according to paragraph (d)(3) of this section.

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


Sec.  63.4766  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec.  63.4760. 
You must conduct three test runs as specified in Sec.  63.7(e)(3), and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight. 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 of appendix A to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be more than 50 parts per million (ppm) at 
the control device outlet.
    (2) Use Method 25A of appendix A to 40 CFR part 60 if the add-on 
control device is an oxidizer, and you expect the total gaseous organic 
concentration as carbon to be 50 ppm or less at the control device 
outlet.
    (3) Use Method 25A of appendix A to 40 CFR part 60 if the add-on 
control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator 
with an outlet for the high-volume, dilute stream that has been treated 
by the concentrator, and a second add-on control device is an oxidizer 
with an outlet for the low-volume, concentrated stream that is treated 
with the oxidizer, you must measure emissions at the outlet of the

[[Page 31779]]

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] TR98AD03.023

Where:

Mf = Total gaseous organic emissions mass flow rate, grams 
per hour (h).
Cc = Concentration of organic compounds as carbon in the 
vent gas, as determined by Method 25 or Method 25A, parts per million 
by volume (ppmv), dry basis.
Qsd = Volumetric flow rate of gases entering or exiting the 
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 
2G, dry standard cubic meters/hour (dscm/h).
41.6 = Conversion factor for molar volume, gram-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] TR98AD03.024

Where:

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

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


Sec.  63.4767  How do I establish the emission capture system and add-
on control device operating limits during the performance test?

    During the performance test required by Sec.  63.4760 and described 
in Sec. Sec.  63.4764, 63.4765, and 63.4766, you must establish the 
operating limits required by Sec.  63.4692 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.4692.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature 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 difference across the catalyst bed 
maintained during the performance test. This is the minimum operating 
limit 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 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 before the catalyst bed during the performance test. This 
is the minimum operating limit for your catalytic oxidizer. (Note: For 
regenerative catalytic oxidizers, the inlet to the catalyst is defined 
as the general zone between the inlets to the catalyst beds located in 
the multiple regeneration towers; select either a monitoring location 
or multiple monitoring locations. If multiple monitoring locations are 
selected, either establish separate operating limits for each location 
or calculate an average of the multiple measurements and set a single 
operating limit.)
    (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 recommended procedures from the 
manufacturer, the catalyst supplier, or the catalyst test provider.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and, as necessary, 
adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendation and conduct a new performance test to 
determine destruction efficiency according to Sec.  63.4766.
    (c) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (c)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
and the carbon bed temperature after each carbon bed regeneration and 
cooling cycle for the regeneration cycle either immediately preceding 
or immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded

[[Page 31780]]

during the regeneration cycle, and the maximum carbon bed temperature 
recorded after the cooling cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) 
of this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.
    (f) Emission capture system. For each capture device that is not 
part of a PTE that meets the criteria of Sec.  63.4765(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (f)(1) and (2) of this section. 
The operating limit for a PTE is specified in Table 3 to this subpart.
    (1) During the capture efficiency determination required by Sec.  
63.4760 and described in Sec. Sec.  63.4764 and 63.4765, you must 
monitor and record either the gas volumetric flow rate or the duct 
static pressure for each separate capture device in your emission 
capture system at least once every 15 minutes during each of the three 
test runs at a point in the duct between the capture device and the 
add-on control device inlet.
    (2) Calculate and record the average gas volumetric flow rate or 
duct static pressure for the three test runs for each capture device. 
This average gas volumetric flow rate or duct static pressure is the 
minimum operating limit for that specific capture device.


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

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

[[Page 31781]]

    (2) If any bypass line is opened and there was a deviation from the 
applicable emission limitation, you must include a description of why 
the bypass line was opened and the length of time it remained open in 
the semiannual compliance reports required in Sec.  63.4720.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, you must install a gas temperature 
monitor in the gas stream immediately before the catalyst bed, and if 
you established operating limits according to Sec.  63.4767(b)(1) and 
(2), also install a gas temperature monitor in the gas stream 
immediately after the catalyst bed.
    (i) If you establish operating limits according to Sec.  
63.4767(b)(1) and (2), then you must install the gas temperature 
monitors both upstream and downstream of the catalyst bed. The 
temperature monitors must be in the gas stream immediately before and 
after the catalyst bed to measure the temperature difference across the 
bed.
    (ii) If you establish operating limits according to Sec.  
63.4767(b)(3) and (4), then you must install a gas temperature monitor 
upstream of the catalyst bed. The temperature monitor must be in the 
gas stream immediately before the catalyst bed to measure the 
temperature.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of 
this section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 30 degrees Fahrenheit of the process temperature sensor 
reading.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
the carbon bed temperature after each regeneration and cooling cycle, 
and comply with paragraphs (a)(3) through (5) and (d)(1) and (2) of 
this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a measurement 
sensitivity of 1 percent of the temperature recorded or 1 degree 
Fahrenheit, whichever is greater, and must be capable of recording the 
temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a measurement sensitivity 
of 1 percent of the temperature recorded or 1 degree Fahrenheit, 
whichever is greater.
    (2) The temperature monitor must provide a gas temperature record 
at least once every 15 minutes.
    (f) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (f)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in 
paragraphs (a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (f)(2)(i) through (vii) of 
this section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or 
a transducer with a minimum tolerance of 1 percent of the pressure 
range.
    (iv) Check the pressure tap daily.
    (v) Using a manometer, check gauge calibration quarterly and 
transducer calibration monthly.
    (vi) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vii) At least monthly, inspect components for integrity, 
electrical connections for continuity, and mechanical connections for 
leakage.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the 
requirements in paragraphs (a) and (g)(1)(i) through (iv) of this 
section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least 
semiannually.
    (iv) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (g)(2)(i) through (vi) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (iv) Using an inclined manometer with a measurement sensitivity of

[[Page 31782]]

0.0002 inch water, check gauge calibration quarterly and transducer 
calibration monthly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vi) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.

Other Requirements and Information


Sec.  63.4780  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the EPA, or 
a delegated authority such as your State, local, or tribal agency. If 
the EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, in addition to the EPA, has the 
authority to implement and enforce this subpart. You should contact 
your EPA Regional Office to find out if implementation and enforcement 
of this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the EPA Administrator and are not transferred to the 
State, local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the work practice standards under 
Sec.  63.4693.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f) and as defined in Sec.  63.90.
    (4) Approval of major changes to recordkeeping and reporting under 
Sec.  63.10(f) and as defined in Sec.  63.90.


Sec.  63.4781  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
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.
    Block average is an average of data points collected over any 
specified, continuous 180-minute block of time (e.g., a 3-hour block 
could be noon to 3 p.m., with a subsequent total of eight 3-hour blocks 
within a 24-hour period).
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to 
collect emissions generated by a coating operation in the use of 
coatings or cleaning materials, both at the point of application and at 
subsequent points where emissions from the coatings or cleaning 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
coating operation are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting), from a substrate before or after coating 
application or from equipment associated with a coating operation, such 
as spray booths, spray guns, racks, tanks, and hangers. Thus, it 
includes any cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, and maskants. 
Decorative, protective, or functional materials that consist only of 
protective oils for metal, acids, bases, or any combination of these 
substances are not considered coatings for the purposes of this 
subpart.
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application or to remove dried 
coating (surface preparation), to apply coating to a substrate (coating 
application) and to dry or cure the coating after application, or to 
clean coating operation equipment (equipment cleaning). A single 
coating operation may include any combination of these types of 
equipment, but always includes at least the point at which a coating or 
cleaning material is applied and all subsequent points in the affected 
source where organic HAP emissions from that coating or cleaning 
material occur. There may be multiple coating operations in an affected 
source. Coating application with hand-held nonrefillable aerosol 
containers, touchup markers, or marking pens is not a coating operation 
for the purposes of this subpart.
    Coating solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (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 SSM, regardless of whether or 
not such failure is permitted by this subpart.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Enclosure means a structure that surrounds a source of emissions 
and captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds 
are listed in 40 CFR 51.100(s).
    Finished wood product means any wood building product to which a 
protective, decorative, or functional layer has been applied. Materials 
used include, but are not limited to, paints, stains, sealers, 
topcoats, basecoats, primers, enamels, inks, and adhesives.
    Laminated wood product means any wood building product to which a 
protective, decorative, or functional layer has been bonded with an 
adhesive. Products that are produced by bonding layers to the substrate 
as a part of the substrate manufacturing process (prior

[[Page 31783]]

to pressing) are not considered laminated products under this subpart.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified 
in Sec.  63.4741. Manufacturer's formulation data may include, but are 
not limited to, information on density, organic HAP content, volatile 
organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as 
grams of organic HAP per gram of material.
    Millwork means lumber that has been remanufactured into a wood 
building product or component such as door, window, and staircase 
part(s), or decorative trim.
    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.  
63.4741. The organic HAP content is determined for the coating in the 
condition it is in when received from its manufacturer or supplier and 
does not account for any alteration after receipt.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Startup, initial means the first time equipment is brought online 
in a source.
    Surface preparation means use of a cleaning material on a portion 
of or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called ``depainting.''
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from 
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Tileboard means hardboard that meets the specifications for Class I 
given by the standard ANSI/AHA A135.4-1995 as approved by the American 
National Standards Institute. The standard specifies requirements and 
test methods for water absorption, thickness swelling, modulus of 
rupture, tensile strength, surface finish, dimensions, squareness, edge 
straightness, and moisture content for five classes of hardboard. 
Tileboard is also known as Class I hardboard or tempered hardboard.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or 
discharged.
    Wood building product means any product that contains more than 50 
percent by weight wood or wood fiber, excluding the weight of any glass 
components, and is used in the construction, either interior or 
exterior, of a residential, commercial, or institutional building.

Tables to Subpart QQQQ of Part 63

     Table 1 to Subpart QQQQ of Part 63.--Emission Limits for New or
                     Reconstructed Affected Sources
  [You must comply with the emission limits that apply to your affected
      source in the following table as required by Sec.   63.4690]
------------------------------------------------------------------------
                                                Then, the organic HAP
                                               emission limit for the
 If the affected source applies coating to    affected source, in grams
products in the following subcategory. . .  HAP/liter solids (lb HAP/gal
                                                  solids)\1,2\ is:
------------------------------------------------------------------------
1. Exterior siding and primed doorskins...  0 (0.00)
2. Flooring...............................  0 (0.00)
3. Interior wall paneling or tileboard....  5 (0.04)
4. Other interior panels..................  0 (0.00)
5. Doors, windows, and miscellaneous......  57 (0.48)
------------------------------------------------------------------------
\1\ Determined as a rolling 12-month emission rate according to the
  requirements in Sec.   63.4741, Sec.   63.4751, or Sec.   63.4761, as
  applicable.
\2\ If the affected source applies coatings to products in more than one
  of the subcategories listed in the table, then you must determine the
  applicable emission limit according to Sec.   63.4690(c).


    Table 2 to Subpart QQQQ of Part 63.--Emission Limits for Existing
                            Affected Sources
  [You must comply with the emission limits that apply to your affected
      source in the following table as required by Sec.   63.4690]
------------------------------------------------------------------------
                                                Then, the organic HAP
                                               emission limit for the
 If the affected source applies coating to    affected source, in grams
products in the following subcategory. . .  HAP/liter solids (lb HAP/gal
                                                  solids) \1,2\ is:
------------------------------------------------------------------------
1. Exterior siding and primed doorskins...  7 (0.06)
2. Flooring...............................  93 (0.78)
3. Interior wall paneling or tileboard....  183 (1.53)
4. Other interior panels..................  20 (0.17)
5. Doors, windows, and miscellaneous......  231 (1.93)
------------------------------------------------------------------------
\1\ Determined as a rolling 12-month emission rate according to the
  requirements in Sec.   63.4741, Sec.   63.4751, or Sec.   63.4761, as
  applicable.
\2\ If the affected source applies coatings to products in more than one
  of the subcategories listed in the table, then you must determine the
  applicable emission limit according to Sec.   63.4690(c).


[[Page 31784]]


   Table 3 to Subpart QQQQ 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.   63.4692,
  you must comply with the applicable operating limits in the following
                                 table]
------------------------------------------------------------------------
                                                         And you must
                                   You must meet the      demonstrate
                                       following          continuous
 For the following device . . .    operating limit .    compliance with
                                          . .            the operating
                                                        limit by . . .
------------------------------------------------------------------------
1. Thermal oxidizer.............  a. The average      i. Collecting the
                                   combustion          combustion
                                   temperature in      temperature data
                                   any 3-hour period   according to Sec.
                                   must not fall         63.4768(c);
                                   below the          ii. Reducing the
                                   combustion          data to 3-hour
                                   temperature limit   block averages;
                                   established         and
                                   according to Sec.  iii. Maintaining
                                     63.4767(a).       the 3-hour block
                                                       average
                                                       combustion
                                                       temperature at or
                                                       above the
                                                       temperature
                                                       limit.
2. Catalytic oxidizer...........  a. The average      i. Collecting the
                                   temperature         temperature data
                                   difference          according to Sec.
                                   measured across       63.4768(c);
                                   the catalyst bed   ii. Reducing the
                                   in any 3-hour       data to 3-hour
                                   period must not     block averages;
                                   fall below the      and
                                   limit established  iii. Maintaining
                                   according to Sec.   the 3-hour block
                                     63.4767(b); or    temperature
                                                       difference across
                                                       the catalyst bed
                                                       at or above the
                                                       temperature
                                                       limit.
                                  b. Ensure that the  i. Collecting the
                                   inlet temperature   temperature data
                                   of the catalyst     according to Sec.
                                   bed in any 3-hour     63.4768(c),
                                   period does not     reducing the data
                                   fall below the      to 3-hour block
                                   temperature limit   averages, and
                                   established         maintaining the 3-
                                   according to Sec.   hour average
                                     63.4767(b)(2)     temperature at or
                                   and develop and     above the
                                   implement an        temperature
                                   inspection and      limit; and
                                   maintenance plan   ii. Complying with
                                   according to Sec.   the inspection
                                     63.4767(b)(3)     and maintenance
                                   and (4).            plan developed
                                                       according to Sec.
                                                         63.4767(b)(3)
                                                       and (4).
3. Carbon absorber..............  a. The total        i. Measuring the
                                   regeneration        total
                                   desorbing gas       regeneration
                                   (e.g., steam or     desorbing gas
                                   nitrogen) mass      (e.g., steam or
                                   flow for each       nitrogen) mass
                                   carbon bed          flow for each
                                   regeneration        regeneration
                                   cycle must not      cycle according
                                   fall below the      to Sec.
                                   total               63.4768(d); and
                                   regeneration       ii. Maintaining
                                   desorbing gas       the total
                                   mass flow limit     regeneration
                                   established         desorbing gas
                                   according to Sec.   mass flow at or
                                     63.4767(c).       above the mass
                                                       flow limit.
                                  b. The temperature  i. Measuring the
                                   of the carbon       temperature of
                                   bed, after          the carbon bed,
                                   completing each     after completing
                                   regeneration and    each regeneration
                                   any cooling         and any cooling
                                   cycle, must not     cycle, according
                                   exceed the carbon   to Sec.
                                   bed temperature     63.4768(d); and
                                   limit established  ii. Operating and
                                   according to Sec.   carbon beds such
                                     63.4767(c).       that each carbon
                                                       bed is not
                                                       returned to
                                                       service until
                                                       completing each
                                                       regeneration and
                                                       any cooling cycle
                                                       until the
                                                       recorded
                                                       temperature of
                                                       the carbon bed is
                                                       at or below the
                                                       temperature
                                                       limit.
4. Condenser....................  a. The average      i. Collecting the
                                   condenser outlet    condenser outlet
                                   (product side)      (product side)
                                   gas temperature     gas temperature
                                   in any 3-hour       according to Sec.
                                   period must not       63.4768(e);
                                   exceed the         ii. Reducing the
                                   temperature limit   data to 3-hour
                                   established         block averages;
                                   according to Sec.   and
                                     63.4767(d).      iii. Maintaining
                                                       the 3-hour block
                                                       average gas
                                                       temperature at
                                                       the outlet at or
                                                       below the
                                                       temperature
                                                       limit.
5. Emission capture system that   a. The direction    i. Collecting the
 is a PTE according to Sec.        of the air flow     direction of the
 63.4765(a).                       at all times must   air flow; and
                                   be into the         either the facial
                                   enclosure; and      velocity of air
                                   either.             through all
                                                       natural draft
                                                       openings
                                                       according to Sec.
                                                         63.4768(g)(1)
                                                       or the pressure
                                                       drop across the
                                                       enclosure
                                                       according to Sec.
                                                         63.4768(g)(2);
                                                       and
                                                      ii. Maintaining
                                                       the facial
                                                       velocity of air
                                                       flow through all
                                                       natural draft
                                                       openings or the
                                                       pressure drop at
                                                       or above the
                                                       facial velocity
                                                       limit or pressure
                                                       drop limit, and
                                                       maintaining the
                                                       direction of air
                                                       flow into the
                                                       enclosure at all
                                                       times.
                                  b. The average      i. See items 5.a.i
                                   facial velocity     and 5.a.ii.
                                   of air through
                                   all natural draft
                                   openings in the
                                   enclosure must be
                                   at least 200 feet
                                   per minute; or
                                  c. The pressure     i. See items 5.a.i
                                   drop across the     and 5.a.ii.
                                   enclosure must be
                                   at least 0.007
                                   inch H2O, as
                                   established in
                                   Method 204 of
                                   appendix M to 40
                                   CFR part 51.
6. Emission capture system that   a. The average gas  i. Collecting the
 is not a PTE according to Sec.    volumetric flow     gas volumetric
  63.4765(a).                      rate or duct        flow gas or duct
                                   static pressure     static pressure
                                   in each duct        for each capture
                                   between a capture   device according
                                   device and add-on   to Sec.
                                   control device      63.4768(g);
                                   inlet in any 3-    ii. Reducing the
                                   hour period must    data to 3-hour
                                   not fall below      block averages;
                                   the average         and
                                   volumetric flow    iii. Maintaining
                                   rate or duct        the 3-hour block
                                   static pressure     average gas
                                   limit established   volumetric flow
                                   for that capture    rate or duct
                                   device according    static pressure
                                   to Sec.             for each capture
                                   63.4767(f).         device at or
                                                       above the gas
                                                       volumetric flow
                                                       rate or duct
                                                       static pressure
                                                       limit
7. Concentrators, including       The average gas     i. Collecting the
 zeolite wheels and rotary         temperature of      temperature data
 carbon absorbers.                 the desorption      according to Sec.
                                   concentrate           63.4768(f);
                                   stream in any 3-   ii. Reducing the
                                   hour period must    data to 3-hour
                                   not fall below      block averages;
                                   the limit           and
                                   established        iii. Maintaining
                                   according to Sec.   the 3-hour block
                                     63.4767(e); and   average
                                                       temperature at or
                                                       above the
                                                       temperature
                                                       limit.

[[Page 31785]]

 
                                  b. The average      i. Collecting the
                                   pressure drop of    pressure drop
                                   the dilute stream   data according to
                                   across the          Sec.
                                   concentrator in     63.4768(f); and
                                   any 3-hour period  ii. Reducing the
                                   must not exceed     pressure drop
                                   the limit           data to 3-hour
                                   established         block averages;
                                   according to Sec.   and
                                     63.4767(e).      iii. Maintaining
                                                       the 3-hour block
                                                       average pressure
                                                       drop at or below
                                                       at the pressure
                                                       drop limit.
------------------------------------------------------------------------


       Table 4 to Subpart QQQQ of Part 63.--Applicability of General Provisions to Subpart QQQQ of Part 63
     [You must comply with the applicable General Provisions requirements according to the following table]
----------------------------------------------------------------------------------------------------------------
                                                                     Applicable to
               Citation                          Subject              subpart QQQQ            Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(14)................  General Applicability...  Yes.                 .........................
Sec.   63.1(b)(1)-(3).................  Initial Applicability     Yes................  Applicability to subpart
                                         Determination.                                 QQQQ is also specified
                                                                                        in Sec.   63.4681.
Sec.   63.1(c)(1).....................  Applicability After       Yes.                 .........................
                                         Standard Established.
Sec.   63.1(c)(2)-(3).................  Applicability of Permit   No.................  Area sources are not
                                         Program for Area                               subject to subpart QQQQ.
                                         Sources.
Sec.   63.1(c)(4)-(5).................  Extensions and            Yes.                 .........................
                                         Notifications.
Sec.   63.1(e)........................  Applicability of Permit   Yes.                 .........................
                                         Program Before Relevant
                                         Standard is Set.
Sec.   63.2...........................  Definitions.............  Yes................  Additional definitions
                                                                                        are specified in Sec.
                                                                                        63.4781.
Sec.   63.3(a)-(c)....................  Units and Abbreviations.  Yes.
Sec.   63.4(a)(1)-(5).................  Prohibited Activities...  Yes.
Sec.   63.4(b)-(c)....................  Circumvention/            Yes.                 .........................
                                         Severability.
Sec.   63.5(a)........................  Construction/             Yes.                 .........................
                                         Reconstruction.
Sec.   63.5(b)(1)-(6).................  Requirements for          Yes.                 .........................
                                         Existing, Newly
                                         Constructed, and
                                         Reconstructed Sources.
Sec.   63.5(d)........................  Application for Approval  Yes.                 .........................
                                         of Construction/
                                         Reconstruction.
Sec.   63.5(e)........................  Approval of Construction/ Yes.                 .........................
                                         Reconstruction.
Sec.   63.5(f)........................  Approval of Construction/ Yes.                 .........................
                                         Reconstruction Based on
                                         Prior State Review.
Sec.   63.6(a)........................  Compliance With           Yes................
                                         Standards and
                                         Maintenance
                                         Requirements--Applicabi
                                         lity.
Sec.   63.6(b)(1)-(7).................  Compliance Dates for New  Yes................  Sec.   63.4683 specifies
                                         and Reconstructed                              the compliance dates.
                                         Sources.
Sec.   63.6(c)(1)-(5).................  Compliance Dates for      Yes................  Sec.   63.4683 specifies
                                         Existing Sources.                              the compliance dates.
Sec.   63.6(e)(1)-(2).................  Operation and             Yes................
                                         Maintenance.
Sec.   63.6(e)(3).....................  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 During  Yes................  Applies only to sources
                                         SSM.                                           using an add-on control
                                                                                        device to comply with
                                                                                        the standard.
Sec.   63.6(f)(2)-(3).................  Methods for Determining   Yes................
                                         Compliance.
Sec.   63.6(g)(1)-(3).................  Use of an Alternative     Yes................
                                         Standard.
Sec.   63.6(h)........................  Compliance With Opacity/  No.................  Subpart QQQQ does not
                                         Visible Emission                               establish opacity
                                         Standards.                                     standards and does not
                                                                                        require continuous
                                                                                        opacity monitoring
                                                                                        systems (COMS).
Sec.   63.6(i)(1)-(16)................  Extension of Compliance.  Yes................
Sec.   63.6(j)........................  Presidential Compliance   Yes................
                                         Exemption.
Sec.   63.7(a)(1).....................  Performance Test          Yes................  Applies to all affected
                                         Requirements--Applicabi                        sources. Additional
                                         lity.                                          requirements for
                                                                                        performance testing are
                                                                                        specified in Sec.  Sec.
                                                                                         63.4764, 63.4765, and
                                                                                        63.4766.

[[Page 31786]]

 
Sec.   63.7(a)(2).....................  Performance Test          Yes................  Applies only to
                                         Requirements--Dates.                           performance tests for
                                                                                        capture system and
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard. Sec.
                                                                                         63.4760 specifies the
                                                                                        schedule for performance
                                                                                        test requirements that
                                                                                        are earlier than those
                                                                                        specified in Sec.
                                                                                        63.7(a)(2).
Sec.   63.7(a)(3).....................  Performance Tests         Yes.                 .........................
                                         Required By the
                                         Administrator.
Sec.   63.7(b)-(e)....................  Performance Test          Yes................  Applies only to
                                         Requirements--Notificat                        performance tests for
                                         ion, Quality Assurance,                        capture system and add-
                                         Facilities Necessary                           on control device
                                         for Safe Testing,                              efficiency at sources
                                         Conditions During Test.                        using these to comply
                                                                                        with the standard.
Sec.   63.7(f)........................  Performance Test          Yes................  Applies to all test
                                         Requirements--Use of                           methods except those
                                         Alternative Test Method.                       used to determine
                                                                                        capture system
                                                                                        efficiency.
Sec.   63.7(g)-(h)....................  Performance Test          Yes................  Applies only to
                                         Requirements--Data                             performance tests for
                                         Analysis,                                      capture system and add-
                                         Recordkeeping,                                 on control device
                                         Reporting, Waiver of                           efficiency at sources
                                         Test.                                          using these to comply
                                                                                        with the standard.
Sec.   63.8(a)(1)-(3).................  Monitoring Requirements-- Yes................  Applies only to
                                         Applicability.                                 monitoring of capture
                                                                                        system and add-on
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the standard.
                                                                                        Additional requirements
                                                                                        for monitoring are
                                                                                        specified in Sec.
                                                                                        63.4768.
Sec.   63.8(a)(4).....................  Additional Monitoring     No.................  Subpart QQQQ does not
                                         Requirements.                                  have monitoring
                                                                                        requirements for flares.
Sec.   63.8(b)........................  Conduct of Monitoring...  Yes.                 .........................
Sec.   63.8(c)(1)-(3).................  Continuous Monitoring     Yes................  Applies only to
                                         System (CMS) Operation                         monitoring of capture
                                         and Maintenance.                               system and add-on
                                                                                        control device
                                                                                        efficiency at sources
                                                                                        using these to comply
                                                                                        with the
                                                                                        standard.Additional
                                                                                        requirements for CMS
                                                                                        operations and
                                                                                        maintenance are
                                                                                        specified in Sec.
                                                                                        63.4768.
Sec.   63.8(c)(4).....................  CMSs....................  No.................  Sec.   63.4768 specifies
                                                                                        the requirements for the
                                                                                        operation of CMS for
                                                                                        capture systems and add-
                                                                                        on control devices at
                                                                                        sources using these to
                                                                                        comply.
Sec.   63.8(c)(5).....................  COMS....................  No.................  Subpart QQQQ does not
                                                                                        have opacity for visible
                                                                                        emission standards.
Sec.   63.8(c)(6).....................  CMS Requirements........  No.................  Sec.   63.4768 specifies
                                                                                        the requirements for
                                                                                        monitoring systems for
                                                                                        capture systems and add-
                                                                                        on control devices at
                                                                                        sources using these to
                                                                                        comply.
Sec.   63.8(c)(7).....................  CMS Out-of-Control        Yes.                 .........................
                                         Periods.
Sec.   63.8(c)(8).....................  CMS Out-of-Control        No.................  Sec.   63.4720 requires
                                         Periods Reporting.                             reporting of CMS out-of-
                                                                                        control periods.
Sec.   63.8(d)-(e)....................  Quality Control Program   No.................  Subpart QQQQ does not
                                         and CMS Performance                            require the use of
                                         Evaluation.                                    continuousemissions
                                                                                        monitoring systems.
Sec.   63.8(f)(1)-(5).................  Use of an Alternative     Yes.                 .........................
                                         Monitoring Method.
Sec.   63.8(f)(6).....................  Alternative to Relative   No.................  Subpart QQQQ does not
                                         Accuracy Test.                                 require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec.   63.8(g)(1)-(5).................  Data Reduction..........  No.................  Sec.  Sec.   63.4767 and
                                                                                        63.4768 specify
                                                                                        monitoring data
                                                                                        reduction.
Sec.   63.9(a)-(d)....................  Notification              Yes.                 .........................
                                         Requirements.
Sec.   63.9(e)........................  Notification of           Yes................  Applies only to capture
                                         Performance Test.                              system and add-on
                                                                                        controldevice
                                                                                        performance tests at
                                                                                        sourcesusing these to
                                                                                        comply with the
                                                                                        standard.
Sec.   63.9(f)........................  Notification of Visible   No.................  Subpart QQQQ does not
                                         Emissions/Opacity Test.                        have opacity or visible
                                                                                        emission standards.
Sec.   63.9(g)(1)-(3).................  Additional Notifications  No.................  Subpart QQQQ does require
                                         When Using CMS.                                the use of continuous
                                                                                        emissions monitoring
                                                                                        systems.
Sec.   63.9(h)........................  Notification of           Yes................  Sec.   63.4710 specifies
                                         Compliance Status.                             the dates for submitting
                                                                                        the notification of
                                                                                        compliance status.
Sec.   63.9(i)........................  Adjustment of Submittal   Yes.                 .........................
                                         Deadlines.
Sec.   63.9(j)........................  Change in Previous        Yes.                 .........................
                                         Information.
Sec.   63.10(a).......................  Recordkeeping/Reporting-- Yes.                 .........................
                                         Applicability and
                                         General Information.
Sec.   63.10(b)(1)....................  General Recordkeeping     Yes................  Additional requirements
                                         Requirements.                                  are specified in Sec.
                                                                                        Sec.   63.4730
                                                                                        and63.4731.
Sec.   63.10(b)(2)(i)-(v).............  Recordkeeping Relevant    Yes................  Requirements for SSM
                                         to SSM Periods and CMS.                        records only apply to
                                                                                        add-on control devices
                                                                                        used to comply with the
                                                                                        standard.
Sec.   63.10(b)(2)(vi)-(xi)...........  ........................  Yes.                 .........................

[[Page 31787]]

 
Sec.   63.10(b)(2)(xii)...............  Records.................  Yes.                 .........................
Sec.   63.10(b)(2)(xiii)..............  ........................  No.................  Subpart QQQQ does not
                                                                                        require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec.   63.10(b)(2)(xiv)...............  ........................  Yes.                 .........................
Sec.   63.10(b)(3)....................  Recordkeeping             Yes.                 .........................
                                         Requirements for
                                         Applicability
                                         Determinations.
Sec.   63.10(c)(1)-(6)................  Additional Recordkeeping  Yes.                 .........................
                                         Requirements for
                                         Sources with CMS.
Sec.   63.10(c)(7)-(8)................  ........................  No.................  The same records are
                                                                                        required in Sec.
                                                                                        63.4720(a) (7).
Sec.   63.10(c)(9)-(15)...............  ........................  Yes.                 .........................
Sec.   63.10(d)(1)....................  General Reporting         Yes................  Additional requirements
                                         Requirements.                                  are specified in Sec.
                                                                                        63.4720.
Sec.   63.10(d)(2)....................  Report of Performance     Yes................  Additional requirements
                                         Test Results.                                  are specified in Sec.
                                                                                        63.4720(b).
Sec.   63.10(d)(3)....................  Reporting Opacity or      No.................  Subpart QQQQ does not
                                         Visible Emissions                              require opacity or
                                         Observations.                                  visible emissions
                                                                                        observations.
Sec.   63.10(d)(4)....................  Progress Reports for      Yes.                 .........................
                                         Sources With Compliance
                                         Extensions.
Sec.   63.10(d)(5)....................  SSM Reports.............  Yes................  Applies only to add-on
                                                                                        control devices at
                                                                                        sources using these to
                                                                                        comply with the
                                                                                        standard.
Sec.   63.10(e)(1)-(2)................  Additional CMS Reports..  No.................  Subpart QQQQ does not
                                                                                        require the use of
                                                                                        continuous emissions
                                                                                        monitoring systems.
Sec.   63.10(e)(3)....................  Excess Emissions/CMS      No.................  Sec.   63.4720(b)
                                         Performance Reports.                           specifies the contents
                                                                                        of periodic compliance
                                                                                        reports.
Sec.   63.10(e)(4)....................  COMS Data Reports.......  No.................  Subpart QQQQ does not
                                                                                        specify requirements for
                                                                                        opacity or COMS.
Sec.   63.10(f).......................  Recordkeeping/Reporting   Yes.                 .........................
                                         Waiver.
Sec.   63.11..........................  Control Device            No.................  Subpart QQQQ does not
                                         Requirements/Flares.                           specify use of flares
                                                                                        for compliance.
Sec.   63.12..........................  State Authority and       Yes.                 .........................
                                         Delegations.
Sec.   63.13..........................  Addresses...............  Yes.                 .........................
Sec.   63.14..........................  Incorporation by          Yes................  Test Methods ANSI/ASME
                                         Reference.                                     PTC 19.10-1981, Part 10,
                                                                                        ASTM D2697-86
                                                                                        (Reapproved 1998), and
                                                                                        ASTM D6093-97
                                                                                        (incorporated by
                                                                                        reference, see Sec.
                                                                                        63.14).
Sec.   63.15..........................  Availability of           Yes.                 .........................
                                         Information/
                                         Confidentiality.
----------------------------------------------------------------------------------------------------------------


     Table 5 to Subpart QQQQ 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 fraction                mass
----------------------------------------------------------------------------------------------------------------
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.
20. Varsol [reg] solvent......................       8052-49-3           0.01   0.5% xylenes, 0.5% ethylbenzene.
21. VM & P naphtha............................      64742-89-8           0.06   3% toluene, 3% xylene.

[[Page 31788]]

 
22. Petroleum distillate mixture..............      68477-31-6           0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------


 Table 6 to Subpart QQQQ of Part 63.--Default Organic HAP Mass Fraction
                     for Petroleum Solvent Groups a
[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 type               organic HAP   Typical organic HAP,
                                     mass fraction     percent by mass
------------------------------------------------------------------------
Aliphatic \b\.....................            0.03  1% xylene, 1%
                                                     toluene, and 1%
                                                     ethylbenzene.
Aromatic \c\......................            0.06  4% xylene, 1%
                                                     toluene, and 1%
                                                     ethylbenzene.
------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the
  solvent blends in Table 5 to this subpart and you only know whether
  the blend is aliphatic or aromatic.
\b\ E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
  Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
  Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
  Naphtha, Solvent Blend.
\c\ E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha,
  Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic
  Hydrocarbons, Light Aromatic Solvent.


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