[Federal Register Volume 68, Number 219 (Thursday, November 13, 2003)]
[Rules and Regulations]
[Pages 64432-64480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21347]



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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 Metal Cans; Final Rule

  Federal Register / Vol. 68, No. 219 / Thursday, November 13, 2003 / 
Rules and Regulations  

[[Page 64432]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0005-FRL-7546-8]
RIN 2060-AG96


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

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 metal can surface coating 
operations located at major sources of hazardous air pollutants (HAP). 
The final standards implement section 112(d) of the Clean Air Act (CAA) 
by requiring these operations to meet HAP emission standards reflecting 
the application of the maximum achievable control technology (MACT). 
The final rule will protect air quality and promote public health by 
reducing emissions of HAP from facilities in the metal can surface 
coating source category. The HAP emitted by these facilities include 
ethylene glycol monobutyl ether (EGBE) and other glycol ethers, 
xylenes, hexane, methyl isobutyl ketone (MIBK), and methyl ethyl ketone 
(MEK). These HAP are associated with a variety of adverse health 
effects which include chronic health disorders (e.g., birth defects and 
effects on the central nervous system, liver, and heart) and acute 
health disorders (e.g., irritation of the lung, skin, and mucous 
membranes, and effects on the central nervous system), and possibly 
cancer. In general, these findings have only been shown with 
concentrations higher than those typically found in the ambient air. 
The final standards are expected to reduce nationwide HAP emissions 
from major sources in this source category by approximately 6,160 
megagrams per year (Mg/yr) (6,800 tons per year (tpy)) or 70 percent 
from the baseline organic HAP emissions of 8,700 Mg/yr (9,600 tpy).

DATES: This rule is effective November 13, 2003. The incorporation by 
reference of certain publications listed in today's final rule is 
approved by the Director of the Federal Register as of November 13, 
2003.

ADDRESSES: Docket. Docket ID No. OAR-2003-0005 (formerly Docket No. A-
98-41) is located at the EPA Docket Center, EPA West, U.S. EPA (6102T), 
1301 Constitution Avenue, NW., 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 
number (919) 541-2777; or from the National Technical Information 
Service, 5285 Port Royal Road, Springfield, VA 22161, telephone number 
(703) 487-4650. Refer to ``National Emission Standards for Hazardous 
Air Pollutants: Surface Coating of Metal Cans Background Information 
for Final Standards--Summary of Public Comments and Responses'' (EPA-
453/R-03-009). The promulgation BID contains a summary of public 
comments made on the proposed standards and EPA responses to the public 
comments.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Almod[oacute]var, Coatings 
and Consumer Products Group, Emission Standards Division (C539-03), 
U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 541-
0283; facsimile number (919) 541-5689; electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The source category 
definition includes facilities that apply coatings during any stage of 
the can manufacturing process to metal cans or ends (including 
decorative tins) or to metal crowns or closures for any type of can 
body. In general, facilities that coat metal cans are covered under the 
North American Industrial Classification System (NAICS) codes listed in 
Table 1 of this preamble. However, facilities classified under other 
NAICS codes may be subject to the final standards if they meet the 
applicability criteria. Not all facilities classified under the NAICS 
codes in the following table will be subject to the standards because 
some of the classifications cover products outside the scope of the 
NESHAP for the surface coating of metal cans.

  Table 1.--Categories and Entities Potentially Regulated by the Final
                                Standards
------------------------------------------------------------------------
                                                         Examples of
         Subcategory                  NAICS              potentially
                                                     regulated entities
------------------------------------------------------------------------
One- and two-piece draw and   332431..............  Two-piece beverage
 iron (D&I) can body                                 can facility.
 coatings.
Sheetcoatings...............  332431, 332115,       Three-piece food can
                               332116, 332812,       facility, two-piece
                               332999.               D&I facility, one-
                                                     piece aerosol can
                                                     facility, etc.
Three-piece can assembly      332431..............  Can assembly
 coatings.                                           facility.
End coatings................  332431, 332812......  End manufacturing
                                                     facilities.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your coating operation is regulated by 
this action, you should examine the applicability criteria in Sec.  
63.3481 of the final rule.
    Docket. The EPA has established an official public docket for this 
action under Docket ID No. OAR-2003-0005 (formerly Docket No. A-98-41). 
The official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include confidential business 
information or other information whose disclosure is restricted by 
statute. The official public docket is the collection of materials that 
is available for public viewing at the EPA Docket Center, EPA West, 
Room B-102, 1301 Constitution Avenue, NW., Washington, DC 20460. The 
Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is (202) 566-1744, and the telephone number for the Docket Center 
is (202) 566-1742. A reasonable fee may be charged for copying docket 
materials.
    Electronic Docket Access. You may access this Federal Register 
document electronically through the EPA Internet under the Federal 
Register listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket

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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 will also be available on the WWW. 
Following the Administrator's signature, a copy of the final rule 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 January 12, 2004. Under section 307(d)(7)(B) of the CAA, 
only an objection to the rule that was raised with reasonable 
specificity during the period for public comment can be raised during 
judicial review. Under section 307(b)(2) of the CAA, the requirements 
that are the subject of today's final rule may not be challenged later 
in civil or criminal proceedings brought by EPA to enforce the 
requirements.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. What Is the Source of Authority for Development of NESHAP?
    B. What Criteria Are Used in the Development of NESHAP?
    C. What Are the Primary Sources of Emissions and What Are the 
Emissions?
    D. What Are the Health Effects Associated With HAP Emissions 
From the Surface Coating of Metal Cans?
II. Summary of the Final Rule
    A. What Source Categories and Subcategories Are Affected by the 
Final Rule?
    B. What Is the Affected Source?
    C. What Are the Emission Limits, Operating Limits, and Other 
Standards?
    D. What Are the Testing and Initial Compliance Requirements?
    E. What Are the Continuous Compliance Provisions?
    F. What Are the Notification, Recordkeeping, and Reporting 
Requirements?
III. What Are the Significant Comments and Changes Since Proposal?
    A. End Coatings--Repair Spray Coatings
    B. Affected Source Clarification
    C. Monitoring, Recordkeeping, and Reporting Costs
    D. Performance Test Costs
    E. Calculation of Organic HAP Emission Reduction
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What Are the Air Impacts?
    B. What Are the Cost Impacts?
    C. What Are the Economic Impacts?
    D. What Are the Non-air Health, Environmental, and Energy 
Impacts?
    E. Potential Changes to the 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 & 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 metal 
can (surface coating) category of major sources was listed on July 16, 
1992 (57 FR 31576) under the Surface Coating Processes industry group. 
Major sources of HAP are those that emit or have the potential to emit 
considering controls 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 Are Used in the Development of NESHAP?

    Section 112(c)(2) of the CAA requires that we establish NESHAP for 
the control of HAP from both new and existing major sources, based on 
the criteria set out in section 112(d). The CAA requires the NESHAP to 
reflect the maximum degree of reduction in emissions of HAP that is 
achievable, taking into consideration the cost of achieving the 
emission reduction, any non-air quality health and environmental 
impacts, and energy requirements. 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 standards are set at a level that ensures that 
all major sources achieve the level of control at least as stringent as 
that already achieved by the better-controlled and lower-emitting 
sources in each source category or subcategory. For new sources, the 
MACT floor cannot be less stringent than the emission control that is 
achieved in practice by the best-controlled similar source. The MACT 
standards for existing sources can be less stringent than standards for 
new sources, but they cannot be less stringent than the average 
emission limitation achieved by the best-performing 12 percent of 
existing sources in the category or subcategory (or the best-performing 
five sources for categories or subcategories with fewer than 30 
sources).
    In developing the final NESHAP, we considered control options that 
are more stringent than the floor, taking into consideration the cost 
of achieving the emission reduction, any non-air quality health and 
environmental impacts, and energy requirements. In the final rule, EPA 
is promulgating standards for both existing and new sources consistent 
with these statutory requirements.

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

    The primary emission sources in metal can surface coating 
operations are coating application lines, drying and curing ovens, 
mixing and thinning areas, and equipment cleaning. Coating application 
lines and drying and curing ovens are the largest sources of HAP 
emissions. Recent reformulation efforts involving the primary coatings 
used in metal can surface coating operations are likely to continue as 
a result of the final rule and will serve to reduce HAP emissions from 
these sources. Mixing and thinning areas and equipment cleaning are 
smaller HAP emission sources, and work practice standards are used to 
limit the HAP emissions from these sources.
    Available emission data collected during the development of the 
NESHAP show that the primary organic HAP emitted from metal can coating 
operations include EGBE and other glycol ethers, xylenes, hexane, MEK, 
and MIBK. Other significant organic HAP identified include isophorone, 
ethyl benzene, toluene, cumene, napthalene, and formaldehyde. Organic 
HAP emissions are regulated by the final metal can surface coating 
rule.

[[Page 64434]]

D. What Are the Health Effects Associated With HAP Emissions From the 
Surface Coating of Metal Cans?

    Ethylene glycol monobutyl ether and other glycol ethers, xylenes, 
hexane, MEK, and MIBK account for 95 percent of the nationwide HAP 
emissions from this source category. These HAP are associated with a 
variety of adverse health effects which include chronic health 
disorders (e.g., birth defects and effects on the central nervous 
system, liver, and heart) and acute health disorders (e.g., irritation 
of the lung, skin, and mucous membranes, and effects on the central 
nervous system), and possibly cancer.
    We do not have current detailed data on each of the facilities 
covered by these emission standards for this source category or on 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 that adverse effects do occur, 
the final rule will reduce emissions and subsequent exposures.

II. Summary of the Final Rule

A. What Source Categories and Subcategories Are Affected by the Final 
Rule?

    The final rule applies to you if you own or operate a metal can 
surface coating operation that uses at least 5,700 liters (1,500 
gallons (gal)) 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 metal can substrate. The surface 
coating operations themselves are not required to be major sources of 
HAP emissions in order for the surface coating operations at a major 
source facility to be covered by the final rule.
    A metal can surface coating facility is any facility that coats 
metal cans or ends (including decorative tins) or metal crowns or 
closures for any type of can during any stage of the can manufacturing 
process. It includes the coating of metal sheets for subsequent 
processing into cans or can parts, but not the coating of metal coils 
for cans or can parts. (Coil coating for cans and can parts is included 
in the NESHAP for the surface coating of metal coil; 40 CFR part 63, 
subpart SSSS). The source category does not include the coating of 
pails and drums, which is covered in the NESHAP for the surface coating 
of miscellaneous metal parts and products (40 CFR part 63, subpart 
MMMM).
    We have established four subcategories in the metal can surface 
coating category, including: one- and two-piece D&I can body coating, 
sheetcoating, three-piece can body assembly coating, and end coating. 
Some metal can surface coating facilities include coating operations in 
more than one subcategory. In those cases, the facilities are subject 
to more than one emission limit.
    You are not subject to the final rule if your coating operation is 
located at an area source. An area source of HAP is any facility that 
has the potential to emit HAP but is not a major source. You may 
establish area source status by limiting the source's potential to emit 
HAP through appropriate mechanisms available through the permitting 
authority.
    The outcome of two delisting petitions that have been submitted to 
EPA could significantly affect which sources will be subject to the 
final rule. These petitions are the petition to delist EGBE from the 
HAP list and the petition to delist the two-piece beverage can segment 
from the source category list. Both petitions are being reviewed by 
EPA. If granted, the delisting of either EGBE or the two-piece beverage 
can segment could significantly decrease the number of sources affected 
by the final rule. Once decisions on the petitions are made, we will 
expeditiously determine whether changes to the final rule are 
warranted.

B. What Is the Affected Source?

    We define an affected source as a stationary source, group of 
stationary sources, or part of a stationary source to which a specific 
emission standard applies. The final rule for metal can surface coating 
defines the affected source as the collection of all surface coating 
operations within a facility associated with metal cans and ends 
(including decorative tins) or metal crowns or closures. Those 
operations involve the following: preparation of a coating for 
application (e.g., mixing with thinners); process equipment involving 
storage, transfer, and handling; process equipment involving the 
application of coatings, thinners, and cleaning materials; handling of 
waste materials generated by a coating operation; and associated curing 
and drying equipment.
    The affected source does not include research or laboratory 
equipment or janitorial, building, or facility maintenance operations.

C. What Are the Emission Limits, Operating Limits, and Other 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 final emission limits for each existing 
affected source are given in Table 3 of this preamble. You can choose 
from several compliance options in the final rule to achieve the 
emission limit that applies to your affected source. You can comply by 
applying materials (coatings and thinners) that meet the emission 
limit, either individually or collectively. You can also use a capture 
system and add-on control equipment to meet the emission limit, or you 
can comply by using a combination of both approaches. If you use a 
capture system and add-on control equipment, there are alternative 
control efficiency or outlet concentration limits that you may use to 
simplify and reduce your recordkeeping and reporting requirements. The 
alternative emission limits for affected sources using the control 
efficiency/outlet concentration compliance option are provided in Table 
4 of this preamble.

   Table 2.--Emission Limits for New or Reconstructed Affected Sources
------------------------------------------------------------------------
                                                     Then, you must meet
                                                        the following
    If you apply surface                            organic HAP emission
  coatings to metal cans or    For all coatings of   limit in kilograms
   metal can parts in this       this type . . .       (kg) HAP/liter
      subcategory. . .                               solids (lb HAP/gal
                                                       solids): \1,2\
------------------------------------------------------------------------
1. One- and two-piece D&I     a. Two-piece          0.04 (0.31).
 can body coating.             beverage cans--all
                               coatings.
                              b. Two-piece food     0.06 (0.50).
                               cans--all coatings.
                              c. One-piece aerosol  0.08 (0.65).
                               cans--all coatings.
2. Sheetcoating.............  Sheetcoating........  0.02 (0.17).
3. Three-piece can assembly.  a. Inside spray.....  0.12 (1.03).
                              b. Aseptic side seam  1.48 (12.37).
                               stripes on food
                               cans.

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                              c. Nonaseptic side    0.72 (5.96).
                               seam stripes on
                               food cans.
                              d. Side seam stripes  1.18 (9.84).
                               on general line
                               nonfood cans.
                              e. Side seam stripes  1.46 (12.14).
                               on aerosol cans.
4. End coating..............  a. Aseptic end seal   0.06 (0.54).
                               compounds.
                              b. Nonaseptic end     0.00 (0.00).
                               seal compounds.
                              c. Repair sprays....  0.64 (5.34).
------------------------------------------------------------------------
\1\ If you apply surface coatings of more than one type within any one
  subcategory, you may calculate an overall subcategory emission limit
  according to 40 CFR 63.3531(i).
\2\ Rounding differences in specific emission limits are attributable to
  unit conversions.


         Table 3.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
                                                     Then, you must meet
    If you apply surface                                the following
  coatings to metal cans or    For all coatings of  organic HAP emission
   metal can parts in this       this type . . .      limit in kg HAP/
      subcategory . . .                             liter solids (lb HAP/
                                                    gal solids): \1,\\2\
------------------------------------------------------------------------
1. One- and two-piece D&I     a. Two-piece          0.07 (0.59).
 can body coating.             beverage cans--all
                               coatings.
                              b. Two-piece food     0.06 (0.51).
                               cans--all coatings.
                              c. One-piece aerosol  0.12 (0.99).
                               cans--all coatings.
2. Sheetcoating.............  Sheetcoating........  0.03 (0.26).
3. Three-piece can assembly.  a. Inside spray.....  0.29 (2.43).
                              b. Aseptic side seam  1.94 (16.16).
                               stripes on food
                               cans.
                              c. Nonaseptic side    0.79 (6.57).
                               seam stripes on
                               food cans.
                              d. Side seam stripes  1.18 (9.84).
                               on general line
                               nonfood cans.
                              e. Side seam stripes  1.46 (12.14).
                               on aerosol cans.
4. End coating..............  a. Aseptic end seal   0.06 (0.54).
                               compounds.
                              b. Nonaseptic end     0.00 (0.00).
                               seal compounds.
                              c. Repair sprays....  2.06 (17.17).
------------------------------------------------------------------------
\1\ If you apply surface coatings of more than one type within any one
  subcategory, you may calculate an overall subcategory emission limit
  according to 40 CFR 63.3531(i).
\2\ Rounding differences in specific emission limits are attributable to
  unit conversions.


    Table 4.--Emission Limits for Affected Sources Using the Control
            Efficiency/Outlet Concentration Compliance Option
------------------------------------------------------------------------
   If you use the control efficiency/     Then you must comply with one
 outlet concentration option to comply     of the following by using an
 with the emission limitations for any   emissions control system to . .
       coating operation(s) . . .                       .
------------------------------------------------------------------------
1. In a new or reconstructed affected    a. Reduce emissions of total
 source.                                  HAP, measured as total
                                          hydrocarbons (THC) (as
                                          carbon),\1\ by 97 percent; or
                                         b. Limit emissions of total
                                          HAP, measured as THC (as
                                          carbon) \1\ to 20 parts per
                                          million by volume, dry (ppmvd)
                                          at the control device outlet
                                          and use a permanent total
                                          enclosure.
2. In an existing affected source......  a. Reduce emissions of total
                                          HAP, measured as THC (as
                                          carbon),\1\ by 95 percent; or
                                         b. Limit emissions of total
                                          HAP, measured as THC (as
                                          carbon) \1\ to 20 ppmvd at the
                                          control device outlet and use
                                          a permanent total enclosure.
------------------------------------------------------------------------
\1\ You may choose to subtract methane from THC as carbon measurements.

    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 
at the inlet to 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

[[Page 64436]]

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 limits 
during representative operating conditions.
    Work Practice Standards. In lieu of emission standards, section 
112(h) of the CAA allows work practice standards or other requirements 
to be established when a pollutant cannot be emitted through a 
conveyance or capture system or when measurement is not practicable 
because of technological and economic limitations. Many metal can 
surface coating facilities use work practice measures to reduce HAP 
emissions from mixing, cleaning, storage, and waste handling areas as 
part of their standard operating procedures. They use those measures to 
decrease solvent usage and minimize exposure to workers. However, we do 
not have data to accurately quantify the emissions reductions 
achievable by the work practice measures, and it is not feasible to 
measure emissions or enforce a numerical standard for emissions from 
those operations.
    Based on information received from the metal can industry during 
the development of the NESHAP and information available from several 
similar coating industries for which NESHAP have already been 
promulgated, we identified a variety of work practice measures for 
cleaning, storage, mixing, and waste handling. If you use a capture 
system and add-on control device to reduce emissions, you are required 
to develop and implement a work practice plan that specifies practices 
and procedures to ensure that, at a minimum, all organic-HAP-containing 
liquids and waste materials are stored in closed containers; spills of 
all organic-HAP-containing materials are minimized; closed containers 
or pipes are used to transport all organic-HAP-containing materials; 
mixing vessels for organic-HAP-containing materials are kept closed 
except when adding to, removing, or mixing the contents; and organic 
HAP emissions are minimized during all cleaning operations.
    If your affected source has an existing, documented plan that 
incorporates steps taken to minimize emissions from the aforementioned 
sources, then your existing plan may be used to satisfy the requirement 
for a work practice plan.
    Operations during Startup, Shutdown, or Malfunction. If you use a 
capture system and add-on control device for compliance, you are 
required to develop and operate according to a startup, shutdown, and 
malfunction plan (SSMP) during periods of startup, shutdown, or 
malfunction (SSM) of the capture system and add-on control device.
    The NESHAP General Provisions at 40 CFR part 63, subpart A, codify 
certain procedures and criteria for all 40 CFR part 63 NESHAP and apply 
to you as indicated in the final rule. The General Provisions contain 
administrative procedures, preconstruction review procedures for new 
sources, and procedures for conducting compliance-related activities, 
such as notifications, recordkeeping and reporting, 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?

    Existing affected sources must be in compliance with the final rule 
no later than November 13, 2006. New and reconstructed affected sources 
must be in compliance upon initial startup of the affected source or by 
November 13, 2003, whichever is later. However, affected sources are 
not required to demonstrate compliance until the end of the initial 
compliance period when they will have accumulated the necessary records 
to document the rolling 12-month organic HAP emission rate.
    Compliance with the emission limits is based on a rolling 12-month 
organic HAP emission rate determined each month. Each 12-month period 
is a compliance period. The initial compliance period, therefore, is 
the 12-month period beginning on the compliance date. If the compliance 
date occurs on any day other than the first day of a month, then the 
initial compliance period begins on the compliance date and extends 
through the end of that month plus the following 12 months. In other 
words, the initial compliance period could be almost 13 months long, 
but all subsequent compliance periods will be 12 months long. 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 final emission 
limitations during the initial compliance period. However, the owner or 
operator will not have accumulated the records for the rolling 12-month 
organic HAP emission rate until the end of the initial compliance 
period. At the end of the initial compliance period, the owner or 
operator uses the data and records generated to determine whether or 
not the affected source is in compliance with the organic HAP emission 
limit and other applicable requirements for that period. If the 
affected source does not meet the applicable limit and other 
requirements, it is out of compliance for the entire compliance period.
    Emission Limits. There are four options for complying with the 
emission limits, and the testing and initial compliance requirements 
vary accordingly.
    Option 1: Compliance Based on the Compliant Material Option. If you 
demonstrate compliance based on the compliant material option, you must 
determine the mass of organic HAP in all coatings and thinners used 
each month during the initial compliance period and the volume fraction 
of coating solids in all coatings used each month during the initial 
compliance period. To determine the mass of organic HAP in coatings and 
thinners and the volume fraction of coating solids, you may use either 
manufacturer's data or test results using the test methods listed 
below. You may use alternative test methods provided that you get EPA 
approval in accordance with 40 CFR 63.7(f). However, if there is any 
inconsistency between the test method results (either EPA's or an 
approved alternative) and manufacturer's data, the test method results 
will prevail for compliance and enforcement purposes unless, after 
consultation, you can demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct.
    [sbull] For organic HAP content, use Method 311 of 40 CFR part 63, 
appendix A.
    [sbull] The final rule allows you to use nonaqueous volatile matter 
as a surrogate for organic HAP. If you choose that option, then use 
Method 24 of 40 CFR part 60, appendix A, to determine nonaqueous 
volatile matter.
    [sbull] For volume fraction of coating solids, use either 
information from the supplier or manufacturer of the material, American 
Society of Testing and Materials (ASTM) Method D2697-86(1998), or ASTM 
Method D6093-97.
    To demonstrate initial compliance based on the compliant materials 
option, you are required to demonstrate that the organic HAP content of 
each coating meets the applicable emission

[[Page 64437]]

limits and that you use no organic-HAP-containing thinners.
    Option 2: Compliance Based on the Emission Rate without Add-on 
Controls Option. If you demonstrate compliance based on the emission 
rate without add-on controls option, you must determine the mass of 
organic HAP in all coatings and thinners used in each coating type 
segment each month during the initial compliance period, and the volume 
fraction of coating solids in all coatings in each coating type segment 
used each month during the initial compliance period.
    To determine the mass of organic HAP in coatings and thinners and 
the volume fraction of coating solids, you may use either 
manufacturer's data or test results using the test methods listed 
below. You may use alternative test methods provided that you get EPA 
approval in accordance with 40 CFR 63.7(f). However, if there is any 
inconsistency between the test method results (either EPA's or an 
approved alternative) and manufacturer's data, the test method results 
will prevail for compliance and enforcement purposes unless, after 
consultation, you can demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct.
    [sbull] For organic HAP content, use Method 311 in 40 CFR part 63, 
appendix A.
    [sbull] The final rule allows you to use nonaqueous volatile matter 
as a surrogate for organic HAP. If you choose that option, use Method 
24 in 40 CFR part 60, appendix A to determine nonaqueous volatile 
matter.
    [sbull] For volume fraction of coating solids, use either 
information from the supplier or manufacturer of the material, ASTM 
Method D2697-86 (Reapproved 1998), or ASTM Method D6093-97.
    To demonstrate initial compliance based on the emission rate 
without add-on controls option, you are required to demonstrate that 
the total mass of organic HAP in all coatings and thinners in each 
coating type segment divided by the total volume of coating solids in 
that coating type segment meets the applicable emission limit. For the 
emission rate without add-on controls option, you are required to 
perform the following:
    [sbull] Determine the quantity of each coating and thinner used in 
each coating type segment.
    [sbull] Determine the mass of organic HAP in each coating and 
thinner in each coating type segment.
    [sbull] Determine the volume fraction of coating solids for each 
coating in each coating type segment.
    [sbull] Calculate the total mass of organic HAP in all materials in 
each coating type segment and total volume of coating solids in each 
coating type segment for each month of the initial compliance period. 
You may subtract from the total mass of organic HAP the amount 
contained in waste materials you send to a hazardous waste treatment, 
storage, and disposal facility regulated under 40 CFR part 262, 264, 
265, or 266.
    [sbull] Calculate the ratio of the total mass of organic HAP for 
the materials used in each coating type segment to the total volume of 
coating solids used in the segment.
    [sbull] Record the calculations and results and include them in 
your Notification of Compliance Status.
    Alternatively, if you apply coatings in more than one coating type 
segment within a subcategory, you may calculate an overall HAP emission 
limit for the subcategory and demonstrate compliance by including all 
coatings and thinners in all coating type segments in the subcategory 
in calculating the ratio of total mass of organic HAP to total volume 
of coating solids. If you use this approach, you must use the 
subcategory limit throughout the 12-month initial compliance period and 
may not switch between compliance with limits for individual coating 
type segments and an overall limit. Also, if you follow this approach, 
you may not include coatings in different subcategories in determining 
your overall HAP limit.
    Option 3: Compliance Based on the Emission Rate with Add-on 
Controls Option. If you use a capture system and add-on control device 
other than a solvent recovery system for which you conduct a liquid-
liquid material balance, your testing and initial compliance 
requirements are as follows:
    [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.
    [sbull] Determine the mass of organic HAP in each material and the 
volume fraction of coating solids for each coating used each month of 
the initial compliance period.
    [sbull] Calculate the organic HAP emissions from the controlled 
coating operations using the capture and control efficiencies 
determined during the performance test and the total mass of organic 
HAP in materials used in controlled coating operations.
    [sbull] Calculate the ratio of the total mass of organic HAP 
emissions to the total volume of coating solids used each month of the 
initial 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 emissions reduction 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, or use one 
of the protocols in Sec.  63.3544 of the final rule to measure capture 
efficiency. If you have a PTE, apply and dry all the materials within 
the PTE, and route all exhaust gases from the PTE to a control device, 
then you may assume 100 percent capture.
    To determine the emissions reduction efficiency of the control 
device, you must conduct measurements of the inlet and outlet gas 
streams. The test must consist of three runs, each run lasting 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. 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.
    [sbull] Method 4 to determine stack moisture.
    [sbull] Method 25 or 25A to determine organic volatile matter 
concentration.
    Alternatively, any other test method or data that have been 
validated according to the applicable procedures in Method 301 of 40 
CFR part 63, appendix A, and approved by the Administrator could be 
used.
    If you use a solvent recovery system, you may determine the overall 
control efficiency using a liquid-liquid material balance instead of 
conducting an initial performance test. If you use the material balance 
alternative, you are required to measure the amount of all materials 
used in the affected source during each month of the initial compliance 
period and determine the volatile matter contained in these materials. 
You must also 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 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

[[Page 64438]]

calculations and results and include them in your Notification of 
Compliance Status.
    Alternatively, if you apply coatings in more than one coating type 
segment within a subcategory, you may calculate an overall HAP emission 
limit for the subcategory and demonstrate compliance by including all 
coatings and thinners in all coating type segments in the subcategory 
in calculating the ratio of total mass of organic HAP to total volume 
of coating solids. If you use this approach, you must use the 
subcategory limit throughout the compliance period and may not switch 
between compliance with limits for individual coating type segments and 
an overall limit. Also, if you follow this approach, you may not 
include coatings in different subcategories in determining your overall 
HAP limit.
    Operating Limits. As mentioned above, you must establish operating 
limits as part of the initial performance test of an emission capture 
and control system. The operating limits are the values of certain 
parameters measured 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. 
Table 4 to the final rule summarizes the monitoring requirements for 
each type of control device.
    You are required to 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.  63.3547 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.
    Work Practice Standards. If you use a capture system and control 
device for compliance, you are required to develop and implement on an 
ongoing basis a work practice plan for minimizing organic HAP emissions 
from storage, mixing, material handling, and waste handling operations. 
That plan must include a description of all steps taken to minimize 
emissions from those sources (e.g., using closed storage containers, 
implementing practices to minimize emissions during filling and 
transfer of contents from containers, using spill minimization 
techniques, etc.). You must make the plan available for inspection if 
the Administrator requests to see it.
    Operations during Startup, Shutdown, or Malfunction. If you use a 
capture system and control device for compliance, you are required to 
develop and operate according to an SSMP during periods of SSM of the 
capture system and control device.
    Option 4: Compliance Based on the Control Efficiency/Outlet 
Concentration Option. 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 may meet either of the applicable 
alternative limits summarized in Table 4 of this preamble instead of 
the organic HAP emission rate limits summarized in Tables 2 and 3 of 
this preamble. Prior to the initial performance test, you are required 
to install control device parameter monitoring equipment to be used to 
demonstrate compliance with the capture and control efficiencies (or 
the capture efficiency of the capture system and the oxidizer outlet 
concentration) and to establish operating limits to be achieved on a 
continuous basis. During the initial compliance test, you must use the 
control device parameter monitoring equipment to establish parameter 
values that represent your operating requirements for the control 
systems. You must record the initial performance test 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 verify that the efficiency of the capture system is 
100 percent and determine the emissions reduction efficiency of the 
control device. To verify the capture efficiency, you must either 
verify the presence of a PTE using EPA Method 204 of 40 CFR part 51, 
appendix M, or use one of the protocols in Sec.  63.3544 of the final 
rule to measure capture efficiency. If you have a PTE, apply and dry 
all the materials within the PTE and route all exhaust gases from the 
enclosure to a control device, then you may assume 100 percent capture.
    To determine the emissions reduction efficiency of the control 
device, you must conduct measurements of the inlet and outlet gas 
streams. The test must consist of three runs, each run lasting 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. 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.
    [sbull] Method 4 to determine stack moisture.
    [sbull] Method 25 or 25A to determine organic volatile matter 
concentration.
Alternatively, any other test method or data that have been validated 
according to the applicable procedures in Method 301 of 40 CFR part 63, 
appendix A, and approved by the Administrator could be used.
    If you use a solvent recovery system, you may determine the overall 
control efficiency using a liquid-liquid material balance instead of 
conducting an initial performance test. If you use the material balance 
alternative, you are required to measure the amount of all materials 
used in the affected source during each month of the initial compliance 
period and determine the volatile matter contained in these materials. 
You must also measure the amount of volatile matter recovered by the 
solvent recovery system each month of the initial compliance period. 
Then, you must compare the amount recovered to the amount used to 
determine the overall control efficiency and apply this efficiency to 
the 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 an emission capture 
and control system. The operating limits are the values of certain 
parameters measured 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. 
Table 4 to the final rule summarizes the monitoring requirements for 
each type of control device.
    You are required to install, calibrate, maintain, and continuously 
operate all monitoring equipment according to the manufacturer's 
specifications and ensure that the CPMS meet the requirements in Sec.  
63.3547 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

[[Page 64439]]

be monitored is retained by EPA and is not delegated to States.
    Work Practice Standards. If you use a capture system and control 
device for compliance, you are required to develop and implement on an 
ongoing basis a work practice plan for minimizing organic HAP emissions 
from storage, mixing, material handling, and waste handling operations. 
That plan must include a description of all steps taken to minimize 
emissions from those sources (e.g., using closed storage containers, 
implementing practices to minimize emissions during filling and 
transfer of contents from containers, using spill minimization 
techniques, etc.). You must make the plan available for inspection if 
the Administrator requests to see it.
    Operations during Startup, Shutdown, or Malfunction. You are 
required to develop and operate your capture system and control device 
according to an SSMP during periods of SSM of the capture system and 
control device.

E. What Are the Continuous Compliance Provisions?

    Emission Limits. Option 1: Compliance Based on the Compliant 
Material Option. If you demonstrate compliance with the final emission 
limits based on the compliant material option, you will 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 that contains organic HAP.
    Option 2: Compliance Based on the Emission Rate without Add-on 
Controls Option. If you demonstrate compliance with the final emission 
limits based on the emission rate without add-on controls option, you 
will demonstrate continuous compliance if, for each rolling 12-month 
compliance period, the ratio of organic HAP in all coatings and 
thinners in each coating type segment to coating solids in that coating 
type segment is less than or equal to the applicable emission limit. 
You follow the same procedures for calculating the organic HAP to 
coating solids ratio that you used for the initial compliance period. 
If you use an alternative calculated overall HAP emission limit for all 
coating type segments within a subcategory, you use the same procedures 
that you used for the initial compliance period. Whichever approach you 
use must be used consistently throughout each 12-month compliance 
period.
    Option 3: Compliance Based on the Emission Rate with Add-on 
Controls Option. 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, you must use the 
continuous parameter monitoring results for the month in determining 
the mass of organic HAP emissions. If the monitoring results indicate 
no deviations from the operating limits and there were no bypasses of 
the control device, you would assume the capture system and control 
device are achieving the same percent emissions reduction efficiency as 
they did during the most recent performance test in which compliance 
was demonstrated. You would then apply that percent reduction to the 
total mass of organic HAP in materials used in controlled coating 
operations to determine the monthly emission rate from 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 emission rate by 
assuming the capture system and control device were achieving zero 
emissions reduction during the periods of deviation, unless you have 
other data indicating the actual efficiency of the emission capture 
system and add-on control device, and the use of these data is approved 
by the Administrator. Then, you would determine the annual average 
emission rate by calculating the ratio for the most recent 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 
will 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 would determine the 
annual average emission rate by taking the average of the monthly 
ratios for the most recent 12-month period.
    Operating Limits. If you use a 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 system and control device that allow 
emissions to bypass the control device, you must monitor for potential 
bypass of the control device to demonstrate that organic HAP emissions 
from each emission point within the affected source are being routed to 
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 continuous monitoring to ensure that any 
bypass line valve or damper is closed when the control device is 
operating.
    [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 your monitoring 
plan.
    Work Practice Standards. If you use an emission capture system and 
control device for compliance, you are required to implement on an 
ongoing basis the work practice plan you developed during the initial 
compliance period. If you did not develop a plan for reducing organic 
HAP emissions or you do not implement the plan, this would be a 
deviation from the work practice standards.
    Operations during Startup, Shutdown, or Malfunction. If you use a 
capture system and control device for compliance, you are required to 
develop and operate according to an SSMP during periods of SSM of the 
capture system and control device.
    Option 4: Compliance Based on the Control Efficiency/Outlet 
Concentration Option. If you use a capture system and add-on control 
device other than a solvent recovery system for which you conduct a 
liquid-liquid material balance, your testing and continuous compliance 
requirements are the same as those in option 3. For add-on control 
systems, you are required to install control device parameter 
monitoring equipment to be used to demonstrate compliance with the 
operating requirements for add-on control systems in the final rule. If 
you operate a CPMS, it has to collect data at least every 15 minutes, 
and you must have at least three data points per hour to have a valid 
hour of data. You must operate the CPMS at all times that the surface 
coating operation and control systems

[[Page 64440]]

are operating. You also must conduct proper maintenance of the CPMS and 
maintain an inventory of necessary parts for routine repairs of the 
CPMS. Using the data collected with the CPMS, you must calculate and 
record the average values of each operating parameter according to the 
specified averaging times.

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 Notification. If the final standards apply to you as a new 
or reconstructed affected source, you must send a notification to the 
EPA Regional Office in the Region where your facility is located and to 
your State agency within 120 days after the date of initial startup or 
120 days after publication of the final rule, whichever is later. 
Existing affected sources must send the Initial Notification within 1 
year after publication of the final rule. The report notifies us and 
your State agency that you have constructed a new facility, 
reconstructed an existing facility, or have an existing facility that 
is subject to the final rule. Thus, it allows you and the permitting 
authority to plan for compliance activities. You 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. 
For a new or reconstructed affected source, the performance test must 
take place no later than 180 days after initial startup or 180 days 
after publication of the final rule, whichever is later. For an 
existing source, you must conduct the performance test no later than 
the compliance date. 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. Your compliance procedures 
depend on which compliance option you choose. For each compliance 
option, you must send us a Notification of Compliance Status within 30 
days of the end of the initial compliance period. In the notification, 
you must certify whether the affected source has complied with the 
final standards, identify the option(s) you used to demonstrate initial 
compliance, summarize the data and calculations supporting the 
compliance demonstration, and describe how you will determine 
continuous compliance.
    If you elect to comply by using a capture system and control device 
for which you conduct performance tests, you must provide the results 
of the tests. Your notification must also include the measured range of 
each monitored parameter, the operating limits established during the 
performance test, and information showing whether the affected source 
complied with its operating limits during the initial compliance 
period.
    Recordkeeping Requirements. You are required to keep for 5 years 
records of reported information and all other information necessary to 
document compliance with the final rule. As required under the General 
Provisions, records for the 2 most recent years must be kept onsite; 
records for the other 3 years may be kept offsite. Records pertaining 
to the design and operation of control and monitoring equipment must be 
kept for the life of the equipment.
    Depending on the compliance option that you choose, you must keep 
records of the following:
    [sbull] Organic HAP content, volatile matter content, coating 
solids content, and quantity of the coatings and other materials 
applied.
    [sbull] All documentation supporting Initial Notifications and 
Notifications of Compliance Status.
    If you demonstrate compliance by using a capture system and control 
device, you also need to keep records of the following:
    [sbull] The occurrence and duration of each SSM of the emission 
capture system and control device.
    [sbull] All maintenance performed on the capture system and control 
device.
    [sbull] Actions taken during SSM that are different from the 
procedures specified in the affected source's SSMP.
    [sbull] All information necessary to demonstrate conformance with 
the affected source's SSMP when the plan procedures are followed.
    [sbull] All information necessary to demonstrate conformance with 
the affected source's plan for minimizing emissions from mixing, 
storage, and waste handling operations.
    [sbull] Each period during which a CPMS is malfunctioning or 
inoperative (including out-of-control periods).
    [sbull] All required measurements needed to demonstrate compliance 
with the standards.
    [sbull] All results of performance tests.
    The final rule requires you to collect and keep records according 
to your monitoring plan. Failure to collect and keep the specified 
minimum data is a deviation that is separate from deviations from 
emission limits, operating limits, or work practice standards.
    Deviations, as determined from those records, must be recorded and 
also reported. A deviation is any instance when any requirement or 
obligation established by the final rule including, but not limited to, 
the emission limits, operating limits, and work practice standards, is 
not met.
    If you use a capture system and control device to reduce organic 
HAP emissions, you must make your SSMP available for inspection if the 
Administrator requests to see it. The plan must stay in your records 
for the life of the affected source or until the affected source is no 
longer subject to the final standards. If you revise the plan, you need 
to keep the previous superceded versions on record for 5 years 
following the revision.
    Periodic Reports. Each 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 limit.
    [sbull] If you use an emission capture system and control device, 
report each deviation from the work practice standards.
    [sbull] If you use an emission capture system and control device, 
report each deviation from an operating limit and report each time a 
bypass line diverts emissions from the control device to the 
atmosphere.
    [sbull] Report other specific information on the periods of time 
and details of deviations that occurred.
    You must also include an explanation in each semiannual report if a 
change occurs that might affect the compliance status of the affected 
source or if you

[[Page 64441]]

change to another option for meeting the applicable emission limit.
    Other Reports. You are required to 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 in immediate reports required by the General 
Provisions in Sec.  63.10(d)(5)(ii) and in your semiannual reports.

III. What Are the Significant Comments and Changes Since Proposal?

    Refer to the BID (``National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Cans Background Information for 
Final Standards--Summary of Public Comments and Responses,'' August 
2003, EPA-453/R-03-009), for EPA's responses to each public comment; 
available in Docket No. OAR-2003-0005 (formerly Docket No. A-98-41).

A. End Coatings--Repair Spray Coatings

    Comment: Two commenters stated that post-coat repair spray for 
easy-open ends was not covered by the proposed rule. The commenters 
stated that the proper classification of repair spray under the 
proposed NESHAP could be complicated by the various ways in which it is 
regulated under current State standards for reducing volatile organic 
compounds. The commenters recommended that EPA establish a specific 
emission limit for this type of coating, which has the potential for 
more use in the future because of increasing customer demand for easy-
open ends.
    Response: Using the coatings data and information provided by the 
commenters, we have added a separate emission limit for repair spray 
coatings under the end coating subcategory (formerly called end lining) 
in the final rule. As indicated by the name, repair spray coatings are 
used to cover breaks in the coating that are caused during the 
formation of the score in easy-open ends or to provide, after the 
manufacturing process, an additional protective layer for corrosion 
resistance. The emission limit in the final rule for repair spray 
coatings is 2.06 kilograms (kg) HAP/liter solids (17.17 lb HAP/gal 
solids) for existing affected sources and 0.64 kg HAP/liter solids 
(5.34 lb HAP/gal solids) for new affected sources. We also included a 
definition for ``repair spray'' in the definitions section of the final 
rule.

B. Affected Source Clarification

    Comment: Some commenters expressed confusion regarding how we 
defined ``affected source'' and ``new affected source'' in the proposed 
rule.
    Response: In Sec.  63.3482(b) of the final rule, an affected source 
is defined as the collection of all coating operations used for surface 
coating of metal cans or ends (including decorative tins) or metal 
crowns or closures. Section 63.3482(c) also states that an affected 
source is a new affected source if you commenced its construction after 
January 15, 2003 (proposal date) and the construction is of a 
completely new metal can surface coating source where previously no 
metal can surface coating source had existed. Based on the definition 
of ``reconstruction,'' adding capacity to an existing source with a new 
coating line would not trigger reconstruction, but replacing an old 
line with a new line could trigger reconstruction if the cost criteria 
for replacing equipment are met (meeting or exceeding the cost criteria 
is more likely for smaller sources). The General Provisions define 
``reconstruction'' in terms of a ``comparable new source.'' If the 
existing facility has multiple coating lines as part of its affected 
source, it is unlikely that adding a single coating line to replace an 
old one would cost more than 50 percent of the fixed capital cost that 
would be required to construct a comparable new source.
    We have also clarified that the final rule applies to affected 
sources that use at least 5,700 liters (1,500 gal) of coatings per 
year. This means that the coating usage limit applies to the entire 
source rather than to each subcategory.

C. Monitoring, Recordkeeping, and Reporting Costs

    Comment: The main industry trade association disagreed with the 
estimated costs of the proposed rule. The association estimated that 
the initial years 1 to 3 industrywide monitoring, recordkeeping, and 
reporting (MRR) compliance costs would total $7,068,854, which is 
$5,431,678 more than the EPA estimate. Also, it estimated that the 
average annualized industrywide MRR costs per year for year 4 and 
beyond would be $10,674,080, which is $3,190,207 per year more than 
EPA's estimate.
    Response: We have changed the information collection request (ICR) 
cost estimates for each facility to include recalculated estimates for 
the amount of time associated with reading, interpreting, and 
summarizing regulations; rereading the regulation on a continuing basis 
as questions of interpretation arise during the time facilities are 
planning and preparing for compliance; securing outside legal and 
consultant services related to regulatory review and interpretation; 
and covering recurrent labor costs for reviewing the regulation.
    We have increased the cost estimates for computer equipment and 
software to include upgrades for larger facilities, as well as initial 
computer purchases for smaller facilities. The initial estimates 
included a cost of $2,000 for the initial purchase for smaller 
facilities. The final rule includes a cost of computer equipment and 
software of $3,500 (per facility) for all facilities.
    We have adjusted our monitoring equipment costs for add-on control 
devices to include installation costs, equipment costs for PTE, and 
costs for monitoring software. We have updated our monitoring cost 
estimates to include a total of $19,500 per facility instead of $4,000 
per facility.
    We have included regenerative thermal oxidizer (RTO) operation and 
maintenance costs because they were inadvertently excluded from the 
previous calculations. Assuming that operating time will require 30 
minutes per shift and equipment maintenance will require 1 hour per 
week, the overall RTO capital equipment costs increase by $1.38 
million.
    The cost estimate as proposed used 1999 labor rates, and the 
current analysis uses 2001 labor rates for the metal can industry. The 
costs for labor requirements, computer equipment, monitoring equipment 
for add-on control devices, installation for the monitoring equipment, 
and operation and maintenance of recordkeeping and reporting are 
$6,823,709 for years 1 through 3 and $8,367,800 per year for year 4 and 
beyond.

D. Performance Test Costs

    Comment: One commenter stated that the costs of performance tests 
were not properly accounted for in the ICR because EPA assumed the 
costs for performance testing would be amortized over 5 years. The 
commenter stated the costs of performance tests are more likely to be, 
on average, $25,000 per facility which would result in a total industry 
cost of $3,050,000, incurred and expended in year 3, compared with 
EPA's annualized cost estimate for performance tests of $1,147,000.
    Response: We estimated the initial cost of performance testing on a 
control device basis. Therefore, a typical metal can surface coating 
facility would incur costs of $38,400 ($19,200 x 2) because there are 
an average of two control devices per facility in the database. Our 
estimated costs remain valid. However, we agree with the commenter that 
the initial performance testing is most likely to be conducted in the 
third year after

[[Page 64442]]

promulgation to ensure compliance with the final rule requirements, and 
we adjusted the appropriate cost estimated in the ICR to reflect this.

E. Calculation of Organic HAP Emission Reduction

    As part of a compliance demonstration, an owner or operator of an 
affected source has to calculate the organic HAP emission reduction for 
operations with add-on capture and control systems. The equation used 
to calculate the emission reduction achieved with such systems in the 
proposed rule decreased the overall control efficiency to account for 
time periods when there were deviations. Using time periods alone to 
account for periods of deviations assumes essentially steady-state 
operations over the compliance period, with little variation in the 
quantity of coating materials used or their HAP content. While steady-
state conditions may occur at some operations, others may use different 
quantities of coating materials or materials with different HAP 
content. To allow flexibility for operations that could vary over time, 
we have revised the equation to determine overall control efficiency.
    The terms associated with the total time period of deviations 
(Tdev) and coating operations (Top) that were in 
the proposed Equation 1 do not appear in Equation 1 of Sec.  63.3541 of 
the final rule. Instead, Equation 1 of the final rule includes a term 
Hunc to represent the total mass (kg) of organic HAP in the 
coatings, thinners, and cleaning materials used during periods of 
deviations. In addition, the final rule allows a source to demonstrate 
that some level of control efficiency may be achieved during periods of 
deviations (i.e., the efficiency of emission reduction is not 
necessarily zero during malfunctions) by showing sufficient supporting 
information. Two additional equations related to Equation 1 have been 
included to calculate total mass of organic HAP in cleaning materials 
and total mass of organic HAP used during periods of deviations.

IV. Summary of Environmental, Energy, and Economic Impacts

    The final rule will affect 142 existing major source metal can 
surface coating facilities. The impacts are presented relative to a 
baseline reflecting the level of control prior to the final rule. 
Because of consolidation in the metal can surface coating industry, we 
do not expect there to be any net growth within the industry in the 
next 5 years. Therefore, the estimate of the impacts of the final rule 
is presented for existing facilities only. For a facility that would 
already be in compliance with the emission limits in the final rule, 
only MRR cost impacts were estimated. For more information on how 
impacts were estimated, see the BID for the final rule (EPA-453/R-03-
009).

A. What Are the Air Impacts?

    We estimated that compliance with the emission limits in the final 
rule will reduce nationwide organic HAP emissions from existing major 
affected sources by approximately 6,160 Mg/yr (6,800 tpy). That 
represents a reduction of 70 percent from the baseline organic HAP 
emissions of 8,700 Mg/yr (9,600 tpy). Table 5 of this preamble gives a 
summary of the primary air impacts for major coating segment groupings 
associated with implementation of the final rule.

         Table 5.--Summary of Primary Air Impacts by Subcategory or Coating Segment for Existing Sources
----------------------------------------------------------------------------------------------------------------
                                      Emissions before       Emissions after    Emissions reduction,    Percent
  Subcategory or coating  segment    NESHAP, Mg/yr (tpy)  NESHAP,  Mg/yr (tpy)       Mg/yr (tpy)       reduction
----------------------------------------------------------------------------------------------------------------
Two-piece D&I beverage can body     4,468 (4,922).......  1,644 (1,811).......  2,824 (3,111).......          63
 coating.
Two-piece D&I food can body         765 (843)...........  139 (153)...........  626 (690)...........          82
 coating.
One-piece D&I aerosol can body      16 (18).............  16 (18).............  0 (0)...............           0
 coating.
Sheetcoating......................  2,289 (2,522).......  404 (445)...........  1,885 (2,077).......          82
Three-piece food can assembly       370 (408)...........  285 (314)...........  85 (94).............          23
 coating.
Three-piece nonfood can assembly    45 (50).............  38 (42).............  6 (7)...............          14
 coating.
End coating.......................  763 (841)...........  34 (38).............  729 (803)...........          95
                                   -----------------------
      Total.......................  8,718 (9,603).......  2,560 (2,820).......  6,158 (6,783).......          70
----------------------------------------------------------------------------------------------------------------

B. What Are the Cost Impacts?

    Cost impacts include the costs of recordkeeping and reporting, 
capital equipment costs, performance testing costs, monitoring 
equipment costs, and material costs as facilities comply with the final 
rule. Recordkeeping and reporting include all labor hours related to 
the tracking of coating usage, the cost of purchasing computer 
equipment, the labor hours required to write and submit reports, and 
the labor hours required to train personnel. Capital equipment costs 
for the facilities that choose to use capture equipment and add-on 
control devices to comply with the final rule include costs for the 
purchase, installation, and operation of the equipment. Performance 
testing costs for the facilities that choose to use add-on control 
devices to comply with the final standards include the labor hours 
required for a contractor to conduct performance testing on each 
control device used, and to develop the associated reports for 
recordkeeping and reporting purposes. Monitoring equipment costs 
include the purchase of thermocouples, pressure sensors, and data 
loggers and the installation of equipment.
    Material costs include the cost of switching to low- or no-HAP 
coatings. For facilities that choose to use low- or no-HAP coatings to 
comply with the final standards, coatings with lower-HAP content are 
assumed to be more expensive than coatings with higher-HAP content. 
According to information received from industry, we assumed the 
incremental cost increase to be $2.00 per gal for inside sprays and 
$5.00 per gal for side seam stripes, which are used in three-piece food 
can assembly and three-piece nonfood can assembly subcategories; and 
$2.00 per gal for nonaseptic end seal compounds, which are used in the 
end coating subcategory. These incremental costs are the estimated 
additional costs that each

[[Page 64443]]

facility would incur, rather than the total material investment.
    We estimate the total annualized costs for compliance with the 
final rule to be $58.7 million. Those estimates include $8.4 million 
for MRR requirements, $4.1 million for coating material costs, and 
$46.2 million for capital equipment.

C. What Are the Economic Impacts?

    We prepared an economic impact analysis (EIA) to provide an 
estimate of the facility and market impacts of the final rule, as well 
as the social costs. The goal of the EIA was to estimate the market 
response of the metal can coating and production facilities to the 
final rule and to determine the economic impacts. Compliance costs are 
associated with chemical substitution during the coating process, the 
installation of pollution control equipment, and recordkeeping and 
reporting activities. We estimate the total annualized compliance costs 
to be $58.7 million per year divided across 142 major source facilities 
(owned by 30 companies).
    In terms of industry impacts, metal can producers could experience 
a total projected decrease of $16.4 million in pretax earnings, which 
reflects the compliance costs associated with the production of metal 
cans and the resulting reductions in revenues due to the increase in 
the prices of the directly affected product markets and reduced 
quantities purchased. Through the market impacts described above, the 
final rule is expected to create both gainers and losers within the 
metal can industry. Approximately one-third of the modeled facilities 
may experience an increase in pretax earnings as a result of price 
increases that exceed their compliance costs per unit. In contrast, the 
remaining two-thirds of metal can facilities may experience losses in 
pretax earnings. In addition, the EIA indicates that none of the 
facilities within the metal can market are at risk of closure because 
of the final rule. We project overall employment to decrease by 242 
employees, or 1.0 percent, as a result of the final rule.
    Based on the market analysis, we project the total social cost of 
the final rule to be $55.7 million. The estimated social costs differ 
slightly from the projected engineering costs because social costs 
account for producer and consumer behavior. Consumers are projected to 
bear $34.6 million or 60 percent of the total social costs of the final 
rule. Producers could bear $21.6 million, or 40 percent of the total 
social costs. For more information, consult the EIA report supporting 
the final rule.

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

    Based on information from the industry survey responses, we found 
no indication that the use of low- or no-organic-HAP content coatings 
and thinners at existing sources would result in any increase or 
decrease in non-air health, environmental, and energy impacts. There 
will be no change in utility requirements associated with the use of 
these materials, so there will be no change in the amount of energy 
consumed as a result of the material conversion. Also, there will be no 
significant change in the amount of materials used or the amount of 
waste produced.
    Many facilities in the draw and iron (D&I) can body coating and 
sheetcoating subcategories currently use add-on emission control 
devices to meet existing requirements; consequently, we anticipate that 
facilities in those subcategories will use add-on controls to comply 
with the final rule. Secondary air and energy impacts will result from 
fuel combustion needed to operate these control devices, which are 
expected to be RTO.
    The RTO require electricity and the combustion of natural gas to 
operate and maintain operating temperatures. The electricity costs of 
using RTO are included in the capital expenditures. By-products of fuel 
combustion required to generate electricity and maintain RTO operating 
temperature include emission of carbon monoxide, nitrogen oxides, 
sulfur dioxide, and particulate matter less than 10 microns in 
diameter. Assuming the electricity required for RTO operation is 
generated at coal-fired plants built since 1978 and using air pollution 
emissions factors, we estimate that generation of electricity required 
to operate RTO at all affected D&I can body coating and sheetcoating 
facilities will result in increases in the following air pollutants: 
carbon monoxide, 35 tpy; nitrogen oxides, 156 tpy; sulfur dioxide, 775 
tpy; and particulate matter, 70 tpy.
    Energy impacts include the consumption of electricity and natural 
gas needed to operate RTO. We estimate that electricity consumption 
from the operation of RTO at all D&I can body coating and sheetcoating 
facilities will increase by 34,500,000 kilowatt hours per year, and 
fuel energy consumption resulting from burning natural gas will 
increase by 672,300 million British thermal units per year. We estimate 
that no significant secondary water or solid waste impacts will result 
from the operation of emission control devices.

E. Potential Changes to the Impacts

    The outcome of two delisting petitions that have been submitted to 
EPA could significantly affect the estimated impacts of the final rule. 
These petitions are the petition to delist EGBE from the HAP list and 
the petition to delist the two-piece beverage can segment from the 
source category list. Both petitions are being reviewed by EPA. If 
granted, the delisting of either EGBE or the two-piece beverage can 
segment could significantly decrease the number of sources affected by 
the final rule and could affect the final emission limits. Thus, the 
estimated impacts could change. Once decisions on the petitions are 
made, we will expeditiously determine whether changes to the final rule 
are warranted. If changes are appropriate, EPA will take prompt action 
to issue such changes and to ensure that facilities do not incur 
unnecessary compliance expenses. The EPA will also work with affected 
facilities to ensure that they are not subject to inappropriate 
sanctions.

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 action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligation of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that the final rule is not a ``significant 
regulatory action'' under the terms of Executive Order 12866 and is, 
therefore, not subject to OMB review.

[[Page 64444]]

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. The information collection requirements are not 
enforceable 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. Those 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 maintaining records of all coating and 
thinning materials data and calculations used to determine compliance. 
This information includes the amount (kg) used during each 12-month 
compliance period, mass fraction organic HAP, and, for coating 
materials only, mass fraction of solids.
    If an add-on control device is used, records must be kept of the 
capture efficiency of the capture system, destruction or removal 
efficiency of the add-on control device, and the monitored operating 
parameters. In addition, records must be kept of each calculation of 
the affected sourcewide emissions for each monthly and rolling 12-month 
compliance period and all data, calculations, test results, and other 
supporting information used to determine this value. The recordkeeping 
requirements are only for the specific information needed to determine 
compliance.
    The MRR burden for this collection (averaged over the first 3 years 
after the effective date of the promulgated rule) is estimated to be 
approximately 7,815 labor hours per year at a total annual cost of 
$2.27 million. That estimate includes reviewing the regulation, 
conducting a one-time performance test (with repeat tests where 
needed), and submitting the report(s); one-time submission of a SSMP 
with semiannual reports for any event when the procedures in the plan 
were not followed; semiannual compliance status reports; and 
recordkeeping.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
rules are listed in 40 CFR part 9. When this ICR is approved by OMB, 
the EPA will publish a technical amendment to 40 CFR part 9 in the 
Federal Register to display the OMB control number for the approved 
information collection requirements contained in the final rule.

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 final rule will not have a significant 
economic impact on a substantial number of small entities. For the 
purposes of assessing the impacts of today's final rule on small 
entities, small entity is defined as: (1) A small business according to 
the Small Business Administration (SBA) size standards by NAICS code 
ranging from 500 to 1,000 employees; (2) a small governmental 
jurisdiction that is a government of a city, county, town, school 
district or special district with a population of less than 50,000; and 
(3) a small organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impact of today's final rule on 
small entities, EPA has concluded that the final rule will not have a 
significant economic impact on a substantial number of small entities. 
Based on SBA NAICS-based size definitions and reported sales and 
employment data, we identified 13 small business, or 43.3 percent of 
the metal can companies. Small businesses are expected to incur 2 
percent of the total industry annualized compliance costs of $58.7 
million. We estimate that 10 of the 13 small businesses may experience 
an impact below 1 percent of total company sales, two small firms may 
experience impacts between 1 and 3 percent, and one firm may experience 
an impact above 3 percent of sales. For more information, consult the 
EIA report entitled ``Economic Impact Analysis for the Final Metal Can 
NESHAP'' in Docket No. OAR-2003-0005 (formerly Docket No. A-98-41).
    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. Small entities 
will be afforded extensive flexibility in demonstrating compliance 
through pollution prevention rather than the use of add-on control 
technology. We included compliance options that give small entities 
flexibility in choosing the most cost effective and least burdensome 
alternative for their operation. For example, a facility could purchase 
and use low-HAP coatings and other materials (i.e., pollution 
prevention) that meet the final standards instead of using add-on 
capture and control systems. This method of compliance can be 
demonstrated with minimum burden by using purchase and usage records. 
No testing of materials would be required as facility owners could show 
that their coatings and other materials meet the emission limits by 
providing formulation data supplied by the manufacturer.

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 
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

[[Page 64445]]

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 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annualized cost of the 
final rule for any year has been estimated to be less than $58.7 
million. Thus, today's final rule is not subject to the requirements of 
sections 202 and 205 of the UMRA. In addition, the EPA has determined 
that the final rule contains no regulatory requirements that might 
significantly or uniquely affect small governments because it contains 
no requirements that apply to such governments or impose obligations 
upon them. Therefore, today's final rule is not subject to the 
requirements of section 203 of UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is defined in the Executive Order to include 
rules 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. The final rule does not have a 
significant Federal intergovernmental mandate within the meaning of 
section 202 of UMRA, and it will not result in costs to small 
governments that are equal to, or greater than, 1 percent of revenue. 
Thus, Executive Order 13132 does not apply to the final rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicited comments on the proposed rule 
from State and local officials. A summary of the comments received from 
two State agencies and EPA's responses to those comments is provided in 
sections 2.1, 2.5, 2.6, 2.7, and 2.10 of the promulgation BID (EPA-453/
R-03-009).

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

    Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by tribal officials in the development of regulatory policies 
that have tribal implications.'' The final rule does not have tribal 
implications, as specified in Executive Order 13175. No tribal 
governments own or operate metal can surface coating operations. Thus, 
Executive Order 13175 does not apply to the final rule.

G. Executive Order 13045: Protection of Children from Environmental 
Health & Safety Risks

    Executive Order 13045 (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 not economically 
significant, and 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 (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

    The National Technology Transfer and Advancement Act (NTTAA) of 
1995 (Public Law No. 104-113, Sec.  12(d) (15 U.S.C. 272 note) directs 
the EPA to use voluntary consensus standards (VCS) in its regulatory 
activities unless to do so would be inconsistent with applicable law or 
otherwise impractical. The VCS are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by VCS bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS.
    The final rule includes the following standards: EPA Methods 1, 1A, 
2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A through F, 
and 311. Consistent with the NTTAA, EPA conducted searches to identify 
VCS in addition to these EPA methods/performance specifications. No 
applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204, 
204A through 204F, and 311. The search and review results have been 
documented and are placed in the docket (Docket No. OAR-2003-0005, 
formerly Docket No. A-98-41) of the final rule.
    Three VCS described below were identified as acceptable 
alternatives to EPA test methods for the purposes of the final rule.
    The VCS ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses 
[Part 10, Instruments and Apparatus],'' is cited in the final rule for 
its manual method for measuring the oxygen, carbon dioxide, and carbon 
monoxide content of exhaust gas. That 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 the final rule as acceptable alternatives to 
EPA Method 24 to determine the volume fraction of

[[Page 64446]]

coating solids. Currently, EPA Method 24 does not have a procedure for 
determining the volume of solids in coatings. Those VCS augment the 
procedures in Method 24, which currently states that volume solids 
content be calculated from the coating manufacturer's formulation.
    Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 91), and ASTM D5403-93 are already 
incorporated by reference (IBR) in EPA Method 24. Five VCS: ASTM D1979-
91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are 
IBR in EPA Method 311.
    In addition to the VCS the EPA uses in the final rule, the search 
for emissions measurement procedures identified 14 other VCS. The EPA 
determined that 11 of the 14 VCS identified for measuring emissions of 
the HAP or surrogates 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 those VCS for 
that purpose. (See Docket No. OAR-2003-0005, formerly Docket No. A-98-
41, for further information on the methods.)
    Three of the 14 VCS identified in the search were not available at 
the time the review was conducted for the purposes of the final rule 
because they are under development by a VCS body: ASME/BSR MFC 13M, 
``Flow Measurement by Velocity Traverse,'' for EPA Method 2 (and 
possibly 1); ASME/BSR MFC 12M, ``Flow in Closed Conduits Using 
Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2; and 
ISO/CD 17895, ``Paints and Varnishes--Determination of the Volatile 
Organic Compound Content of Water-based Emulsion Paints,'' for EPA 
Method 24.
    Listed in Sec. Sec.  63.3521, 63.3531, 63.3541, 63.3543, 63.3544, 
63.3545, 63.3551, 63.3553, 63.3554, and 63.3555 of the final rule are 
the EPA testing methods. Under 40 CFR 63.7(f) and 63.8(f) of subpart A 
of the General Provisions, a source may apply to EPA for permission to 
use alternative test methods or alternative monitoring requirements in 
place of any of the EPA testing methods, performance specifications, or 
procedures.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of the Congress and to the Comptroller 
General of the United States. The EPA will submit a report containing 
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 final rule in the Federal 
Register. A major rule cannot take effect until 60 days after it is 
published in the Federal Register. This action is not a ``major rule'' 
as defined by 5 U.S.C. Sec.  804(2). The final rule will be effective 
November 13, 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: August 14, 2003.
Marianne Lamont Horinko,
Acting Administrator.

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

PART 63--[AMENDED]

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

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


0
2. 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.  63.3521(b)(1), 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.  63.3521(b)(1), 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), 63.3545(a)(3), 63.3555(a)(3), 
63.4166(a)(3), 63.4362(a)(3), 63.4766(a)(3), 63.4965(a)(3), 
63.5160(d)(1)(iii), 63.9307(c)(2), and 69.9323(a)(3).
* * * * *

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

Subpart KKKK--National Emission Standards for Hazardous Air Pollutants: 
Surface Coating of Metal Cans

What This Subpart Covers

Sec.
63.3480 What is the purpose of this subpart?
63.3481 Am I subject to this subpart?
63.3482 What parts of my plant does this subpart cover?
63.3483 When do I have to comply with this subpart?

Emission Limitations

63.3490 What emission limits must I meet?
63.3491 What are my options for meeting the emission limits?
63.3492 What operating limits must I meet?
63.3493 What work practice standards must I meet?

General Compliance Requirements

63.3500 What are my general requirements for complying with this 
subpart?
63.3501 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.3510 What notifications must I submit?
63.3511 What reports must I submit?
63.3512 What records must I keep?
63.3513 In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.3520 By what date must I conduct the initial compliance 
demonstration?
63.3521 How do I demonstrate initial compliance with the emission 
limitations?
63.3522 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.3530 By what date must I conduct the initial compliance 
demonstration?
63.3531 How do I demonstrate initial compliance with the emission 
limitations?
63.3532 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.3540 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.3541 How do I demonstrate initial compliance?
63.3542 How do I demonstrate continuous compliance with the emission 
limitations?
63.3543 What are the general requirements for performance tests?
63.3544 How do I determine the emission capture system efficiency?

[[Page 64447]]

63.3545 How do I determine the add-on control device emission 
destruction or removal efficiency?
63.3546 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.3547 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Compliance Requirements for the Control Efficiency/Outlet Concentration 
Option

63.3550 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.3551 How do I demonstrate initial compliance?
63.3552 How do I demonstrate continuous compliance with the emission 
limitations?
63.3553 What are the general requirements for performance tests?
63.3554 How do I determine the emission capture system efficiency?
63.3555 How do I determine the outlet THC emissions and add-on 
control device emission destruction or removal efficiency?
63.3556 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.3557 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.3560 Who implements and enforces this subpart?
63.3561 What definitions apply to this subpart?

Tables to Subpart KKKK of Part 63

Table 1 to Subpart KKKK of Part 63--Emission Limits for New or 
Reconstructed Affected Sources
Table 2 to Subpart KKKK of Part 63-- Emission Limits for Existing 
Affected Sources
Table 3 to Subpart KKKK of Part 63-- Emission Limits for Affected 
Sources Using the Control Efficiency/Outlet Concentration Compliance 
Option
Table 4 to Subpart KKKK of Part 63-- Operating Limits if Using the 
Emission Rate with Add-on Controls Option or the Control Efficiency/
Outlet Concentration Compliance Option
Table 5 to Subpart KKKK of Part 63-- Applicability of General 
Provisions to Subpart KKKK
Table 6 to Subpart KKKK of Part 63-- Default Organic HAP Mass 
Fraction for Solvents and Solvent Blends
Table 7 to Subpart KKKK of Part 63-- Default Organic HAP Mass 
Fraction for Petroleum Solvent Groups

Subpart KKKK--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Cans

What This Subpart Covers


Sec.  63.3480  What is the purpose of this subpart?

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


Sec.  63.3481  Am I subject to this subpart?

    (a) Except as provided in paragraph (c) of this section, the source 
category to which this subpart applies is surface coating of metal cans 
and ends (including decorative tins) and metal crowns and closures. It 
includes the subcategories listed in paragraphs (a)(1) through (4) of 
this section. Surface coating is the application of coatings to a 
substrate using, for example, spray guns or dip tanks.
    (1) One- and two-piece draw and iron can body coating. The one- and 
two-piece draw and iron can body coating subcategory includes all 
coating processes involved in the manufacture of can bodies by the draw 
and iron process. This subcategory includes three distinct coating type 
segments reflecting the coatings appropriate for cans with different 
end uses. Those are two-piece beverage can body coatings, two-piece 
food can body coatings, and one-piece aerosol can body coatings.
    (2) Sheetcoating. The sheetcoating subcategory includes all of the 
flat metal sheetcoating operations associated with the manufacture of 
three-piece cans, decorative tins, crowns, and closures.
    (3) Three-piece can body assembly coating. The three-piece can body 
assembly coating subcategory includes all of the coating processes 
involved in the assembly of three-piece metal can bodies. The 
subcategory includes five distinct coating type segments reflecting the 
coatings appropriate for cans with different end uses. Those are inside 
spray on food cans, aseptic side seam stripes on food cans, nonaseptic 
side seam stripes on food cans, side seam stripes on general line 
nonfood cans, and side seam stripes on aerosol nonfood cans.
    (4) End coating. The end coating subcategory includes the 
application of end seal compounds and repair spray coatings to metal 
can ends. This subcategory includes three distinct coating type 
segments reflecting the end seal compounds and repair sprays 
appropriate for can ends with different end uses. Those are aseptic end 
seal compounds, nonaseptic end seal compounds, and repair spray 
coatings.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.3482, that uses 5,700 liters (1,500 gallons (gal)) per year, or 
more, of coatings in the source category defined in paragraph (a) of 
this section and that is a major source, is located at a major source, 
or is part of a major source of emissions of hazardous air pollutants 
(HAP). A major source of HAP emissions is any stationary source or 
group of stationary sources located within a contiguous area and under 
common control that emits or has the potential to emit any single HAP 
at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any 
combination of HAP at a rate of 22.68 Mg (25 tons) or more per year.
    (c) This subpart does not apply to surface coating that meets the 
criteria of paragraphs (c)(1) through (5) of this section.
    (1) Surface coating conducted at a source that uses only coatings, 
thinners, and cleaning materials that contain no organic HAP, as 
determined according to Sec.  63.3521(a).
    (2) Surface coating subject to any other NESHAP in this part as of 
November 13, 2003.
    (3) Surface coating and cleaning activities that use research or 
laboratory equipment or that are part of janitorial, building, and 
facility maintenance operations.
    (4) Surface coating of continuous metal coil that may subsequently 
be used in manufacturing cans. Subpart SSSS of this part covers surface 
coating performed on a continuous metal coil substrate.
    (5) Surface coating of metal pails, buckets, and drums. Future 
subpart MMMM of this part will cover surface coating of all 
miscellaneous metal parts and products not explicitly covered by 
another subpart.


63.3482  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items 
listed in paragraphs (b)(1) through (4) of this section that are used 
for surface coating of metal cans and ends (including decorative tins), 
or metal crowns or closures:
    (1) All coating operations as defined in Sec.  63.3561;

[[Page 64448]]

    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a 
coating operation.
    (c) An affected source is a new affected source if you commenced 
its construction after January 15, 2003 by installing new coating 
equipment. New coating equipment is equipment used to perform metal can 
surface coating at a facility where no metal can surface coating was 
previously performed and the construction is of a completely new metal 
can surface coating source where previously no metal can 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.  63.3483  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.  
63.3520, 63.3530, 63.3540, and 63.3550.
    (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 November 13, 2003, the compliance date is November 13, 
2003.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after November 13, 2003, the compliance date is the date 
of initial startup of your affected source.
    (b) For an existing affected source, the compliance date is 
November 13, 2006.
    (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 November 
13, 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 November 13, 2006, 
whichever is later.
    (d) You must meet the notification requirements in Sec.  63.3510 
according to the dates specified in that section and in subpart A of 
this part. Some of the notifications must be submitted before the 
compliance dates described in paragraphs (a) through (c) of this 
section.

Emission Limitations


Sec.  63.3490  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 emission 
limit(s) in Table 1 to this subpart that apply to you during each 12-
month compliance period, determined according to the requirements in 
Sec.  63.3521, Sec.  63.3531, or Sec.  63.3541; or if you control 
emissions with an emissions control system using the control 
efficiency/outlet concentration option as specified in Sec.  
63.3491(d), you must reduce organic HAP emissions to the atmosphere to 
no more than the limit(s) in Table 3 to this subpart, determined 
according to the requirements of Sec.  63.3551. If you perform surface 
coating in more than one subcategory or utilize more than one coating 
type within a subcategory, then you must meet the individual emission 
limit(s) for each subcategory and coating type included.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than the emission limit(s) in 
Table 2 to this subpart that apply to you during each 12-month 
compliance period, determined according to the requirements in Sec.  
63.3521, Sec.  63.3531, or Sec.  63.3541; or if you control emissions 
with an emissions control system using the control efficiency/outlet 
concentration option as specified in Sec.  63.3491(d), you must reduce 
organic HAP emissions to the atmosphere to no more than the limit(s) in 
Table 3 to this subpart, determined according to the requirements of 
Sec.  63.3551. If you perform surface coating in more than one 
subcategory or utilize more than one coating type within a subcategory, 
then you must meet the individual emission limit(s) for each 
subcategory and coating type included.
    (c) If you perform surface coating in different subcategories as 
described in Sec.  63.3481(a)(1) through (4), then the coating 
operations in each subcategory constitute a separate affected source, 
and you must conduct separate compliance demonstrations for each 
applicable subcategory and coating type emission limit in paragraphs 
(a) and (b) of this section and reflect those separate determinations 
in notifications, reports, and records required by Sec. Sec.  63.3510, 
63.3511, and 63.3512, respectively.


Sec.  63.3491  What are my options for meeting the emission limits?

    You must include all coatings and thinners used in all surface 
coating operations within a subcategory or coating type segment when 
determining whether the organic HAP emission rate is equal to or less 
than the applicable emission limit in Sec.  63.3490. To make that 
determination, you must use at least one of the four compliance options 
listed in paragraphs (a) through (d) of this section. You may apply any 
of the compliance options to an individual coating operation or to 
multiple coating operations within a subcategory or coating type 
segment as a group. 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 that switch as required by Sec.  
63.3512(c), and you must report it in the next semiannual compliance 
report required in Sec.  63.3511.
    (a) Compliant material option. Demonstrate that the organic HAP 
content of each coating used in the coating operation(s) is less than 
or equal to the applicable emission limit in Sec.  63.3490, and that 
each thinner used contains no organic HAP. You must meet all the 
requirements of Sec. Sec.  63.3520, 63.3521, and 63.3522 to demonstrate 
compliance with the emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings and thinners used in the coating operation(s), 
the organic HAP emission rate for the coating operation(s) is less than 
or equal to the applicable emission limit in Sec.  63.3490, calculated 
as a rolling 12-month emission rate and determined on a monthly basis. 
You must meet all the requirements of Sec. Sec.  63.3530, 63.3531, and 
63.3532 to demonstrate compliance with the emission limit using this 
option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings and thinners used in the

[[Page 64449]]

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 in Sec.  63.3490, 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) used 
for purposes of complying with this subpart meet the operating limits 
required in Sec.  63.3492, except for solvent recovery systems for 
which you conduct liquid-liquid material balances according to Sec.  
63.3541(i), and that you meet the work practice standards required in 
Sec.  63.3493. You must meet all the requirements of Sec. Sec.  63.3540 
through 63.3547 to demonstrate compliance with the emission limits, 
operating limits, and work practice standards using this option.
    (d) Control efficiency/outlet concentration option. Demonstrate 
that, based on the emission reductions achieved by emission capture 
systems and add-on controls, total HAP emissions measured as total 
hydrocarbon (THC) are reduced by 95 percent or greater for existing 
sources, or 97 percent or greater for new or reconstructed sources, or 
that outlet THC emissions are less than or equal to 20 parts per 
million by volume, dry basis (ppmvd). If you use this compliance 
option, you must have a capture device that meets EPA Method 204 of 40 
CFR part 51, Appendix M criteria for a permanent total enclosure (PTE). 
You must also demonstrate that all emission capture systems and add-on 
control devices for the coating operation(s) used for purposes of 
complying with this subpart meet the operating limits required in Sec.  
63.3492, and that you meet the work practice standards required in 
Sec.  63.3493. You must meet all the requirements of Sec. Sec.  63.3550 
through 63.3557 to demonstrate compliance with the emission limits, 
operating limits, and work practice standards using this option.


Sec.  63.3492  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 or the control efficiency/
outlet concentration option, except those for which you use a solvent 
recovery system and conduct a liquid-liquid material balance according 
to Sec.  63.3541(i), you must meet the operating limits specified in 
Table 4 to this subpart. Those operating limits apply to the emission 
capture and control systems for the coating operation(s) used for 
purposes of complying with this subpart. You must establish the 
operating limits during the performance test according to the 
requirements in Sec.  63.3546 or Sec.  63.3556, and 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 4 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.  63.3493  What work practice standards must I meet?

    (a) For any coating operation(s) for 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 or the 
control efficiency/outlet concentration option to comply with the 
emission limitations, 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) for which you 
use those options; or you must meet an alternative standard as provided 
in paragraph (c) of this section. The plan must specify practices and 
procedures to ensure that, at a minimum, the elements specified in 
paragraphs (b)(1) through (5) of this section are implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (4) Mixing vessels which contain organic-HAP-containing coatings 
and other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec.  63.6(g), we, the U.S. Environmental 
Protection Agency (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.  63.3500  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.  63.3491(a) and (b), must be in compliance with the 
applicable emission limit in Sec.  63.3490.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec.  63.3491(c), or the 
control efficiency/outlet concentration option, as specified in Sec.  
63.3491(d), 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.  63.3490 at all times.
    (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.  63.3492 at all times, except for those for 
which you use a solvent recovery system and conduct liquid-liquid 
material balances according to Sec.  63.3541(i). The operating limits 
apply only to capture systems and control devices used for purposes of 
complying with this subpart.
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec.  63.3493 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 for purposes of complying with this subpart, you 
must develop and implement a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec.  63.6(e)(3). The plan 
must address startup, shutdown, and corrective actions in the event of 
a malfunction of the emission capture system or the add-on control 
device. The plan must also address any coating operation

[[Page 64450]]

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.  63.3501  What parts of the General Provisions apply to me?

    Table 5 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.

Notifications, Reports, and Records


Sec.  63.3510  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 November 
13, 2003, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than November 13, 2004.
    (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.  63.3520, Sec.  63.3530, Sec.  63.3540, or 
Sec.  63.3550 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.  63.3520, Sec.  63.3530, Sec.  63.3540, or Sec.  
63.3550 that applies to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec.  63.3491 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.  
63.3490, include all the calculations you used to determine the 
kilogram (kg) organic HAP emitted per liter 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.  63.3521(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating and for one 
thinner.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating and one thinner, 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.  63.3531.
    (8) The calculation of kg organic HAP emitted per liter of coating 
solids used for the compliance option(s) you used, as specified in 
paragraphs (c)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 
1 of Sec.  63.3521.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for each 
month, the calculation of the total volume of coating solids used each 
month, and the calculation of the 12-month organic HAP emission rate, 
using Equations 1, 1A through 1C, 2, and 3, respectively, of Sec.  
63.3531.
    (iii) For the emission rate with add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for the 
coatings and thinners used each month, using Equations 1 and 1A through 
1C of Sec.  63.3531; the calculation of the total volume of coating 
solids used each month, using Equation 2 of Sec.  63.3531; 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.  63.3541, and Equations 2, 3, and 3A through 
3C of Sec.  63.3541, as applicable; the calculation of the total mass 
of organic HAP emissions each month, using Equation 4 of Sec.  63.3541, 
as applicable; and the calculation of the 12-month organic HAP emission 
rate, using Equation 5 of Sec.  63.3541.
    (9) For the emission rate with add-on controls option or the 
control efficiency/outlet concentration option, you must include the 
information specified in paragraphs (c)(9)(i) through (iv) of this 
section. 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.  63.3541(i).
    (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 PTE or a measurement of the emission 
capture system efficiency. Include a description of the protocol 
followed for measuring capture efficiency, summaries of any capture 
efficiency tests conducted, and any calculations supporting the capture 
efficiency determination. If you use the data quality objective (DQO) 
or lower confidence limit (LCL) approach, you must also include the 
statistical calculations to show you meet the DQO or LCL criteria in 
appendix A to subpart KK of this part. You do not need to submit 
complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented 
the work practice plan required by Sec.  63.3493.


Sec.  63.3511  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

[[Page 64451]]

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.  63.3520, Sec.  63.3530, 
Sec.  63.3540, or Sec.  63.3550 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 the date specified in paragraph (a)(1)(iii) of this section.
    (2) Inclusion with title V report. Each affected source that has 
obtained a title V operating permit pursuant to 40 CFR part 70 or 40 
CFR part 71 must report all deviations as defined in this subpart in 
the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) 
or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a 
semiannual compliance report pursuant to this section along with, or as 
part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual 
compliance report includes all required information concerning 
deviations from any emission limitation in this subpart, its submission 
will be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a 
semiannual compliance report shall not otherwise affect any obligation 
the affected source may have to report deviations from permit 
requirements to the permitting authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) 
of this section and the information specified in paragraphs (a)(4) 
through (7) and (c)(1) of this section that is applicable to your 
affected source.
    (i) Company name and address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (iii) Date of report and beginning and ending dates of the 
reporting period. The reporting period is the 6-month period ending on 
June 30 or December 31. Note that the information reported for each of 
the 6 months in the reporting period will be based on the last 12 
months of data prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified 
in Sec.  63.3491 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.  63.3491(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, operating limits, or work practice standards in Sec. Sec.  
63.3490, 63.3492, and 63.3493 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 or the 
control efficiency/outlet concentration option and there were no 
periods during which the continuous parameter monitoring systems (CPMS) 
were out of control as specified in Sec.  63.8(c)(7), the semiannual 
compliance report must include a statement that there were no periods 
during which the CPMS were out of control during the reporting period.
    (5) Deviations: compliant material option. If you used the 
compliant material option and there was a deviation from the applicable 
emission limit in Sec.  63.3490, 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 used that contained organic HAP, and the 
dates and time periods each was used.
    (ii) The calculation of the organic HAP content (using Equation 1 
of Sec.  63.3521) 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 and thinner 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.  63.3490, 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.  63.3490.
    (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.  63.3531; and if applicable, the calculation used 
to determine mass of organic HAP in waste materials according to Sec.  
63.3531(e)(3). 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. That 
includes periods of startup, shutdown, and malfunction during which 
deviations occurred.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec.  63.3490.

[[Page 64452]]

    (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 and thinners used each month, using 
Equations 1 and 1A through 1C of Sec.  63.3531 and, if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec.  63.3531(e)(3); the calculation of the total volume 
of coating solids used each month, using Equation 2 of Sec.  63.3531; 
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.  63.3541, and Equations 2, 3, and 
3A through 3C of Sec.  63.3541, as applicable; the calculation of the 
total mass of organic HAP emissions each month, using Equation 4 of 
Sec.  63.3541; and the calculation of the 12-month organic HAP emission 
rate, using Equation 5 of Sec.  63.3541. 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 4 to this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 4 to this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 4 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as 
a percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For each deviation from the work practice standards, a 
description of the deviation; the date and time period of the 
deviation; and the actions you took to correct the deviation.
    (xiv) A statement of the cause of each deviation.
    (8) Deviations: control efficiency/outlet concentration option. If 
you used the control efficiency/outlet concentration 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)(8)(i) through (xii) of this section. This 
includes periods of startup, shutdown, and malfunction during which 
deviations occurred.
    (i) The date and time that each malfunction started and stopped.
    (ii) A brief description of the CPMS.
    (iii) The date of the latest certification or audit of the CPMS.
    (iv) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (v) The date, time, and duration that each CPMS was out-of-control, 
including the information in Sec.  63.8(c)(8).
    (vi) The date and time period of each deviation from an operating 
limit in Table 4 to this subpart; date and time of any bypass of the 
add-on control device; and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (vii) A summary of the total duration of each deviation from an 
operating limit in Table 4 to this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (viii) A breakdown of the total duration of the deviations from the 
operating limits in Table 4 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (ix) 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.
    (x) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xi) 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.
    (xii) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with 
add-on controls option or the control efficiency/outlet concentration 
option, you must submit reports of performance test results for 
emission capture systems and add-on control devices no later than 60 
days after completing the tests as specified in Sec.  63.10(d)(2).
    (c) Startup, shutdown, malfunction reports. If you used the 
emission rate with add-on controls option or the control efficiency/
outlet concentration option and you had a startup, shutdown, or 
malfunction during the semiannual reporting period, you must submit the 
reports specified in paragraphs (c)(1) and (2) of this section.
    (1) If your actions were consistent with your SSMP, you must 
include the information specified in Sec.  63.10(d) in the semiannual 
compliance report required by paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate startup, shutdown, and malfunction report as 
described in paragraphs (c)(2)(i) and (ii) of this section.
    (i) You must describe the actions taken during the event in a 
report delivered by facsimile, telephone, or other means to the 
Administrator within 2 working days after starting actions that are 
inconsistent with the SSMP.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec.  
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec.  63.10(d)(5)(ii).


Sec.  63.3512  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

[[Page 64453]]

the 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 and thinner and the volume fraction of coating solids for each 
coating. If you conducted testing to determine mass fraction of organic 
HAP, density, or volume fraction of coating solids, you must keep a 
copy of the complete test report. If you use information provided to 
you by the manufacturer or supplier of the material that was based on 
testing, you must keep the summary sheet of results provided to you by 
the manufacturer or supplier. You are not required to obtain the test 
report or other supporting documentation from the manufacturer or 
supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations at which you used each 
compliance option and the time periods (beginning and ending dates and 
times) you used each option.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 1 of Sec.  
63.3521.
    (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 and thinners used each month, using Equations 1, 1A through 
1C, and 2 of Sec.  63.3531 and, if applicable, the calculation used to 
determine mass of organic HAP in waste materials according to Sec.  
63.3531(e)(3); the calculation of the total volume of coating solids 
used each month, using Equation 2 of Sec.  63.3531; and the calculation 
of each 12-month organic HAP emission rate, using Equation 3 of Sec.  
63.3531.
    (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 and thinners used each month, using Equations 1 and 1A 
through 1C of Sec.  63.3531 and, if applicable, the calculation used to 
determine mass of organic HAP in waste materials according to Sec.  
63.3531(e)(3).
    (ii) The calculation of the total volume of coating solids used 
each month, using Equation 2 of Sec.  63.3531.
    (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.  63.3541, and Equations 2, 3, and 3A 
through 3C of Sec.  63.3541, as applicable.
    (iv) The calculation of the total mass of organic HAP emissions 
each month, using Equation 4 of Sec.  63.3541.
    (v) The calculation of each 12-month organic HAP emission rate, 
using Equation 5 of Sec.  63.3541.
    (5) For the control efficiency/outlet concentration option, records 
of the measurements made by the CPMS used to demonstrate compliance. 
For any coating operation(s) for which you use this option, you do not 
have to keep the records specified in paragraphs (d) through (g) of 
this section.
    (d) A record of the name and volume of each coating and thinner 
used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating 
and thinner 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 used during each compliance 
period.
    (h) If you use an allowance in Equation 1 of Sec.  63.3531 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) 
according to Sec.  63.3531(e)(3) or otherwise managed in accordance 
with applicable Federal and State waste management regulations, 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 or other applicable waste 
management location to which you sent waste materials for which you use 
an allowance in Equation 1 of Sec.  63.3531, 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.  
63.3531.
    (3) The methodology used in accordance with Sec.  63.3531(e)(3) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF or other 
applicable waste management location each month and the methodology to 
determine the mass of organic HAP contained in these waste materials. 
That 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) You must keep records of the date, time, and duration of each 
deviation.
    (j) If you use the emission rate with add-on controls option or the 
control efficiency/outlet concentration option, you must keep the 
records specified in paragraphs (j)(1) through (8) of this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of startup, shutdown, or malfunction.
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 4 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.  63.3544(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.  63.3543 and 63.3544(b) through (e) 
including the records specified in paragraphs (j)(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 (TTE) 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

[[Page 64454]]

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 TTE or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or C 
of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the TTE 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 TTE 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.  63.3544(e) if applicable.
    (6) The records specified in paragraphs (j)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec.  63.3545 or Sec.  
63.3555.
    (i) Records of each add-on control device performance test 
conducted according to Sec.  63.3543 or Sec.  63.3553 and Sec.  63.3545 
or Sec.  63.3555.
    (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.  63.3546 or Sec.  63.3556 and to document compliance 
with the operating limits as specified in Table 4 to this subpart.
    (8) A record of the work practice plan required by Sec.  63.3493 
and documentation that you are implementing the plan on a continuous 
basis.


Sec.  63.3513  In what form and for how long must I keep my records?

    (a) Your records must be kept 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.  63.3520  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.  
63.3521. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 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.  63.3521 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.  63.3490 and you used no thinners that contained organic HAP.


Sec.  63.3521  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 within a 
subcategory or coating type segment, or for all the coating operations 
within a subcategory or coating type segment. You must use either the 
emission rate without add-on controls option, the emission rate with 
add-on controls option, or the control efficiency/outlet concentration 
option for any coating operation in the affected source for which you 
do not use that 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.  63.3490 and must use no thinner 
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.  63.3492 and 63.3493, respectively. You must 
conduct a separate initial compliance demonstration for each one and 
two-piece draw and iron can body coating, sheetcoating, three-piece can 
body assembly coating, and end coating affected source. 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 and thinner in the condition it is in when it 
is received from its manufacturer or supplier and prior to any 
alteration (e.g., mixing or thinning). Do not include any coatings or 
thinners used on coating operations for which you use the emission rate 
without add-on controls option, the emission rate with add-on controls 
option, or the control efficiency/outlet concentration option. You do 
not need to redetermine the HAP content of coatings or thinners 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.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating and thinner used during the compliance period by using one of 
the options in paragraphs (a)(1) through (5) of this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the 
procedures specified in paragraphs (a)(1)(i) and (ii) of this section 
when performing a Method 311 test.
    (i) Count each organic HAP that is measured to be present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 
percent of the material by mass, you do not have to count it. Express 
the mass fraction of each organic HAP you count as a value truncated to 
four places after the decimal point (e.g., 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (e.g., 
0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP.

[[Page 64455]]

    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP that is present at 0.1 percent by mass or more for OSHA-defined 
carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent 
by mass or more for other compounds. For example, if toluene (not an 
OSHA carcinogen) is 0.5 percent of the material by mass, you do not 
have to count it. If there is a disagreement between such information 
and results of a test conducted according to paragraphs (a)(1) through 
(3) of this section, then the test method results will take precedence 
unless, after consultation, a regulated source can demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
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 
those solvent blends listed in Table 6 or 7 to this subpart. If you use 
the tables, you must use the values in Table 6 to this subpart for all 
solvent blends that match Table 6 entries, and you may only use Table 7 
to this subpart if the solvent blends in the materials you use do not 
match any of the solvent blends in Table 6 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 6 or 7 to this subpart, the Method 311 results will 
take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by a test or by information provided by 
the supplier or the manufacturer of the material as specified in 
paragraphs (b)(1) and (2) of this section. If test results obtained 
according to paragraph (b)(1) of this section do not agree with the 
information obtained under paragraph (b)(2) of this section, the test 
results will take precedence.
    (1) ASTM Method D2697-86 (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 the 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.
    (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, kg organic HAP per liter coating solids, of 
each coating used during the compliance period, using Equation 1 of 
this section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.000




Where:

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

    (e) Compliance demonstration. The organic HAP content for each 
coating used during the initial compliance period, determined using 
Equation 1 of this section, must be less than or equal to the 
applicable emission limit in Sec.  63.3490 and each thinner 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.  63.3512 and 63.3513. As part of the Notification 
of Compliance Status required in Sec.  63.3510, 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.  63.3490, and you used 
no thinners that contained organic HAP, determined according to 
paragraph (a) of this section.


Sec.  63.3522  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) For each compliance period, to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content, 
determined using Equation 1 of Sec.  63.3521, exceeds the applicable 
emission limit in Sec.  63.3490 and use no thinner that contains 
organic HAP, determined according to Sec.  63.3521(a). A compliance 
period consists of 12 months. Each month after the end of the initial 
compliance period described in Sec.  63.3520 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 or thinner 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.  63.3510(b)(6) and 63.3511(a)(5).
    (c) As part of each semiannual compliance report required by Sec.  
63.3511, 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.  63.3490, 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

[[Page 64456]]

emission limit in Sec.  63.3490, and you used no thinner or cleaning 
material that contained organic HAP, determined according to Sec.  
63.3521(a).
    (d) You must maintain records as specified in Sec. Sec.  63.3512 
and 63.3513.

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


Sec.  63.3530  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.  
63.3531. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 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.  63.3531 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.  63.3490.


Sec.  63.3531  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the emission rate without add-on controls option for 
any coating operation, for any group of coating operations within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment. You must use 
either the compliant material option, the emission rate with add-on 
controls option, or the control efficiency/outlet concentration option 
for any coating operation in the affected source for which you do not 
use this option. If you use the alternative overall emission limit for 
a subcategory according to paragraph (i) of this section to demonstrate 
compliance, however, you must include all coating operations in all 
coating type segments in the subcategory to determine compliance with 
the overall limit. 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.  
63.3490, but is not required to meet the operating limits or work 
practice standards in Sec. Sec.  63.3492 and 63.3493, respectively. You 
must conduct a separate initial compliance demonstration for each one 
and two-piece draw and iron can body coating, sheetcoating, three-piece 
can body assembly coating, and end coating affected source. You must 
meet all the requirements of this section to demonstrate initial 
compliance with the applicable emission limit in Sec.  63.3490 for the 
coating operation(s). When calculating the organic HAP emission rate 
according to this section, do not include any coatings or thinners used 
on coating operations for which you use the compliant material option, 
the emission rate with add-on controls option, or the control 
efficiency/outlet concentration option or coating operations in a 
different affected source in a different subcategory. Use the 
procedures in this section on each coating and thinner in the condition 
it is in when it is received from its manufacturer or supplier and 
prior to any alteration (e.g., mixing or thinning). You do not need to 
redetermine the mass of organic HAP in coatings or thinners 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 and thinner 
used during each month according to the requirements in Sec.  
63.3521(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.  
63.3521(b).
    (c) Determine the density of each material. Determine the density 
of each coating and thinner 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 and thinner 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 and thinners used during each month minus the organic HAP 
in certain waste materials. Calculate it using Equation 1 of this 
section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.001


Where:

He = Total mass of organic HAP emissions during the month, 
kg.
A = Total mass of organic HAP in the coatings used during the month, 
kg, as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners used during the month, 
kg, as calculated in Equation 1B of this section.
Rw = Total mass of organic HAP in waste materials sent or 
designated for shipment to a hazardous waste TSDF or other applicable 
waste management location for treatment or disposal during the month, 
kg, determined according to paragraph (e)(3) 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] TR13NO03.002


Where:

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

    (2) Calculate the mass of organic HAP in the thinners used during 
the month using Equation 1B of this section.


[[Page 64457]]


[GRAPHIC] [TIFF OMITTED] TR13NO03.003


Where:

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

    (3) 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 or other applicable waste management location in Equation 1 of 
this section, then you must determine it according to paragraphs 
(e)(3)(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 or 
otherwise managed in accordance with applicable Federal and State waste 
management regulations. The TSDF or other applicable waste management 
location may be either offsite or onsite. You may not include organic 
HAP contained in wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF, or other applicable waste management location, during 
the month, or the amount collected and stored during the month and 
designated for future transport to a TSDF or other applicable waste 
management location. Do not include in your determination any waste 
materials sent to a TSDF or other applicable waste management location 
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)(3)(ii) of this section.
    (iv) You must document the methodology you used to determine the 
amount of waste materials and the total mass of organic HAP they 
contain as required in Sec.  63.3512(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] TR13NO03.004


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.  
63.3521(b).
m = Number of coatings used during the month.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the 12-month compliance period, kg organic HAP 
per liter coating solids used, using Equation 3 of this section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.005


Where:

Hyr = Organic HAP emission rate for the 12-month compliance 
period, kg organic HAP per liter coating solids.
He = Total mass of organic HAP emissions, kg, from all 
materials used during month, y, as calculated by Equation 1 of this 
section.
Vst = Total volume of coating solids, liters, used during 
month, y, 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, Hyr, must be less than 
or equal to the applicable emission limit in Sec.  63.3490. You must 
keep all records as required by Sec. Sec.  63.3512 and 63.3513. As part 
of the Notification of Compliance Status required by Sec.  63.3510, 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.  63.3490, determined according to this section.
    (i) Alternative calculation of overall subcategory emission limit 
(OSEL). Alternatively, if your affected source applies coatings in more 
than one coating type segment within a subcategory, you may calculate 
an overall HAP emission limit for the subcategory using Equation 4 of 
this section. If you use this approach, you must limit organic HAP 
emissions to the atmosphere to the OSEL specified by Equation 4 of this 
section during each 12-month compliance period.

[GRAPHIC] [TIFF OMITTED] TR13NO03.006


Where:

OSEL = Total allowable organic HAP in kg HAP/liter coating solids 
(pound (lb) HAP/gal solids) that can be emitted to the atmosphere from 
all coating type segments in the subcategory.
Li = HAP emission limit for coating type segment i from 
Table 1 for a new or reconstructed source or Table 2 for an existing 
source, kg HAP/liter coating solids (lb HAP/gal solids).
Vi = Total volume of coating solids in liters (gal) for all 
coatings in coating type segment i used during the 12-month compliance 
period.
n = Number of coating type segments within one subcategory being used 
at the affected source.

    You must use the OSEL determined by Equation 4 of this section 
throughout the 12-month compliance period and may not switch between 
compliance with individual coating type limits and an OSEL. You may not 
include coatings in different subcategories in determining your OSEL by 
this approach. You must keep all records as required by Sec. Sec.  
63.3512 and 63.3513. As part of the Notification of Compliance Status 
required by Sec.  63.3510, you must identify the subcategory for which 
you used a calculated OSEL 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 for the subcategory

[[Page 64458]]

was less than or equal to the OSEL determined according to this 
section.


Sec.  63.3532  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance, the organic HAP emission 
rate for each compliance period, determined according to Sec.  
63.3531(a) through (g), must be less than or equal to the applicable 
emission limit in Sec.  63.3490. Alternatively, if you calculate an 
OSEL for all coating type segments within a subcategory according to 
Sec.  63.3531(i), the organic HAP emission rate for the subcategory for 
each compliance period must be less than or equal to the calculated 
OSEL. You must use the calculated OSEL throughout each compliance 
period. A compliance period consists of 12 months. Each month after the 
end of the initial compliance period described in Sec.  63.3530 is the 
end of a compliance period consisting of that month and the preceding 
11 months. You must perform the calculations in Sec.  63.3531(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.  63.3490 or the 
OSEL calculated according to Sec.  63.3531(i), this is a deviation from 
the emission limitations for that compliance period and must be 
reported as specified in Sec. Sec.  63.3510(c)(6) and 63.3511(a)(6).
    (c) As part of each semiannual compliance report required by Sec.  
63.3511, 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.  63.3490 determined according to 
Sec.  63.3531(a) through (g), or using the OSEL calculated according to 
Sec.  63.3531(i).
    (d) You must maintain records as specified in Sec. Sec.  63.3512 
and 63.3513.

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


Sec.  63.3540  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.  63.3483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.3541(i), you must conduct a performance test of each capture 
system and add-on control device according to Sec. Sec.  63.3543, 
63.3544, and 63.3545 and establish the operating limits required by 
Sec.  63.3492 no later than 180 days after the applicable compliance 
date specified in Sec.  63.3483. For a solvent recovery system for 
which you conduct liquid-liquid material balances according to Sec.  
63.3541(i), you must initiate the first material balance no later than 
the applicable compliance date specified in Sec.  63.3483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3493 no later than the compliance date specified 
in Sec.  63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3541. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 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.  63.3543, 63.3544, and 63.3545; 
results of liquid-liquid material balances conducted according to Sec.  
63.3541(i); calculations according to Sec.  63.3541 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.  63.3490(a); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec.  63.3547; and documentation of whether you 
developed and implemented the work practice plan required by Sec.  
63.3493.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.3492 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.  
63.3541(i).
    (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.  63.3483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.3541(i), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Sec. Sec.  63.3543, 63.3544, and 63.3545 and establish the operating 
limits required by Sec.  63.3492 no later than the compliance date 
specified in Sec.  63.3483. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec.  63.3541(i), 
you must initiate the first material balance no later than the 
compliance date specified in Sec.  63.3483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3493 no later than the compliance date specified 
in Sec.  63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3541. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 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

[[Page 64459]]

conducted according to Sec. Sec.  63.3543, 63.3544, and 63.3545; 
results of liquid-liquid material balances conducted according to Sec.  
63.3541(i); calculations according to Sec.  63.3541 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.  63.3490(b); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec.  63.3547; and documentation of whether you 
developed and implemented the work practice plan required by Sec.  
63.3493.


Sec.  63.3541  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 within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment. 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, the emission rate without add-on controls option, or 
the control efficiency/outlet concentration 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.  63.3490. You must conduct a separate initial compliance 
demonstration for each one and two-piece draw and iron can body 
coating, sheetcoating, three-piece can body assembly coating, and end 
coating affected source. 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 or thinners used on 
coating operations for which you use the compliant material option, the 
emission rate without add-on controls option, or the control 
efficiency/outlet concentration option. You do not need to redetermine 
the mass of organic HAP in coatings or thinners that have been 
reclaimed onsite 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.  
63.3540(a)(4) and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements 
of Sec.  63.3541(i), you must establish and demonstrate continuous 
compliance during the initial compliance period with the operating 
limits required by Sec.  63.3492 using the procedures specified in 
Sec. Sec.  63.3546 and 63.3547.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.3493 during the initial compliance period, as 
specified in Sec.  63.3512.
    (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.  63.3490.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec.  63.3531(a) through (d) to determine the mass 
fraction of organic HAP, density, and volume of each coating and 
thinner 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.  63.3531, calculate the total mass 
of organic HAP emissions before add-on controls from all coatings and 
thinners 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.  63.3542(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, 
unless you have other data indicating the actual efficiency of the 
emission capture system and add-on control device, and the use of these 
data has been approved by the Administrator. 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] TR13NO03.007


Where:

Hc = Mass of organic HAP emission reduction for the 
controlled coating operation during the month, kg.
Ac = Total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, kg, as calculated in 
Equation 1A of this section.
Bc = Total mass of organic HAP in the thinners used in the 
controlled coating operation during the month, kg, as calculated in 
Equation 1B of this section.

[[Page 64460]]

Hunc = Total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in Sec.  
63.3542(c) and (d) that occurred during the month in the controlled 
coating operation, kg, as calculated in Equation 1D of this section.
CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent. Use the test methods and procedures 
specified in Sec. Sec.  63.3543 and 63.3544 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.  63.3543 and 63.3545 to measure and record the organic HAP 
destruction or removal efficiency.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, kg, using Equation 1A of this section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.008



Where:

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

    (2) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation, kg, using Equation 1B of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.009

Where:

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

    (3) Calculate the mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, kg, using 
Equation 1C of this section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.010


Where:

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

    (4) Calculate the mass of organic HAP in the coatings, thinners, 
and cleaning materials used in the controlled coating operation during 
deviations specified in Sec.  63.3542(c) and (d), using Equation 1D of 
this section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.011


Where:

Hunc = Total mass of organic HAP in the coatings, thinners, 
and cleaning materials used during all deviations specified in Sec.  
63.3542(c) and (d) that occurred during the month in the controlled 
coating operation, kg.
Volh = Total volume of coating, thinner, or cleaning 
material, h, used in the controlled coating operation during 
deviations, liters.
Dh = Density of coating, thinner, or cleaning material, h, 
kg per liter.
Wh = Mass fraction of organic HAP in coating, thinner, or 
cleaning material, h, kg organic HAP per kg coating.
q = Number of different coatings, thinners, or cleaning materials.

    (i) 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 and thinners that are used in the coating operation 
controlled by the solvent recovery system during each month. Perform a 
liquid-liquid material balance for each

[[Page 64461]]

month as specified in paragraphs (i)(1) through (6) of this section. 
Calculate the mass of organic HAP emission reduction by the solvent 
recovery system as specified in paragraph (i)(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.
    (2) For each solvent recovery system, determine the mass of 
volatile organic matter recovered for the month, kg, based on 
measurement with the device required in paragraph (i)(1) of this 
section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating and thinner used in the coating operation controlled by the 
solvent recovery system during the month, kg volatile organic matter 
per kg coating. You may determine the volatile organic matter mass 
fraction using Method 24 of 40 CFR part 60, appendix A, or an EPA 
approved alternative method, or you may use information provided by the 
manufacturer or supplier of the coating. In the event of any 
inconsistency between information provided by the manufacturer or 
supplier and the results of Method 24 of 40 CFR part 60, appendix A, or 
an approved alternative method, the test method results will take 
precedence unless, after consultation, a regulated source can 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct.
    (4) Determine the density of each coating and thinner used in the 
coating operation controlled by the solvent recovery system during the 
month, kg per liter, according to Sec.  63.3531(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] TR13NO03.012


Where:

RV = Volatile organic matter collection and recovery 
efficiency of the solvent recovery system during the month, percent.
MVR = Mass of volatile organic matter recovered by the 
solvent recovery system during the month, kg.
Voli = Volume of coating, i, used in the coating operation 
controlled by the solvent recovery system during the month, liters.
Di = Density of coating, i, kg per liter.
WVc,i = Mass fraction of volatile organic matter for 
coating, i, kg volatile organic matter per kg coating.
Volj = Volume of thinner, j, used in the coating operation 
controlled by the solvent recovery system during the month, liters.
Dj = Density of thinner, j, kg per liter.
WVt, j = Mass fraction of volatile organic matter for 
thinner, j, kg volatile organic matter per kg thinner.
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.

    (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] TR13NO03.013


Where:

HCSR = Mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system using a 
liquid-liquid material balance during the month, kg.
ACSR = Total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 3A of this section.
BCSR = Total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 3B of this section.
RV = Volatile organic matter collection and recovery 
efficiency of the solvent recovery system, percent, from Equation 2 of 
this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TR13NO03.014


Where:

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

    (ii) Calculate the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent

[[Page 64462]]

recovery system using Equation 3B of this section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.015


Where:

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

    (j) 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 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.  
63.3531.
    (k) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions during each month using 
Equation 4 of this section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.016


Where:

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

    (l) Calculate the organic HAP emission rate for the 12-month 
compliance period. Determine the organic HAP emission rate for the 12-
month compliance period, kg organic HAP per liter coating solids used, 
using Equation 5 of this section.

[GRAPHIC] [TIFF OMITTED] TR13NO03.017


Where:

Hannual = Organic HAP emission rate for the 12-month 
compliance period, kg organic HAP per liter coating solids.
HHAP,y = Organic HAP emission rate for month, y, determined 
according to Equation 4 of this section.
Vst,y = Total volume of coating solids used during month, y, 
liters, from Equation 2 of Sec.  63.3531.
y = Identifier for months.

    (m) 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.  63.3490. You must keep all records 
as required by Sec. Sec.  63.3512 and 63.3513. As part of the 
Notification of Compliance Status required by Sec.  63.3510, 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 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.  63.3490, 
and you achieved the operating limits required by Sec.  63.3492 and the 
work practice standards required by Sec.  63.3493.
    (n) Alternative calculation of overall subcategory emission limit. 
Alternatively, if your affected source applies coatings in more than 
one coating type segment within a subcategory, you may calculate an 
overall HAP emission limit for the subcategory using Equation 4 of 
Sec.  63.3531. If you use this approach, you must limit organic HAP 
emissions to the atmosphere to the OSEL specified by Equation 4 of 
Sec.  63.3531 during each 12-month compliance period. You must use the 
OSEL determined by Equation 4 of Sec.  63.3531 throughout the 12-month 
compliance period and may not switch between compliance with individual 
coating type limits and an OSEL. If you follow this approach, you may 
not include coatings in different subcategories in determining your 
OSEL. You must keep all records as required by Sec. Sec.  63.3512 and 
63.3513. As part of the Notification of Compliance Status required by 
Sec.  63.3510, you must identify the subcategory for which you used a 
calculated OSEL and submit a statement that the coating operation(s) 
was in compliance with the emission limitations during the initial 
compliance period because the organic HAP emission rate for the 
subcategory was less than or equal to the OSEL determined according to 
this section.


Sec.  63.3542  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec.  63.3490, the organic HAP emission rate for each 
compliance period, determined according to the procedures in Sec.  
63.3541, must be equal to or less than the applicable emission

[[Page 64463]]

limit in Sec.  63.3490. Alternatively, if you calculate an OSEL for all 
coating type segments within a subcategory according to Sec.  
63.3531(i), the organic HAP emission rate for the subcategory for each 
compliance period must be less than or equal to the calculated OSEL. 
You must use the calculated OSEL throughout each compliance period. A 
compliance period consists of 12 months. Each month after the end of 
the initial compliance period described in Sec.  63.3540 is the end of 
a compliance period consisting of that month and the preceding 11 
months. You must perform the calculations in Sec.  63.3541 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.  63.3490, that is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec.  63.3510(b)(6) and 
63.3511(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.3492 that applies to you as specified in 
Table 4 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 4 to this subpart, this is a deviation from the operating 
limit that must be reported as specified in Sec. Sec.  63.3510(b)(6) 
and 63.3511(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 4 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, unless you have 
other data indicating the actual efficiency of the emission capture 
system and add-on control device, and the use of these data has been 
approved by the Administrator. For the purposes of completing the 
compliance calculations specified in Sec.  63.3541(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.  63.3541.
    (d) You must meet the requirements for bypass lines in Sec.  
63.3547(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when the coating operation 
is running, this is a deviation that must be reported as specified in 
Sec. Sec.  63.3510(b)(6) and 63.3511(a)(7). For the purposes of 
completing the compliance calculations specified in Sec.  63.3541(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.  63.3541.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.3493. 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.  63.3512(j)(8), that is a deviation from the 
work practice standards that must be reported as specified in 
Sec. Sec.  63.3510(b)(6) and 63.3511(a)(7).
    (f) As part of each semiannual compliance report required in Sec.  
63.3511, 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.  
63.3490, and you achieved the operating limits required by Sec.  
63.3492 and the work practice standards required by Sec.  63.3493 
during each compliance period.
    (g) During periods of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency, you must 
operate in accordance with the SSMP required by Sec.  63.3500(c).
    (h) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with the SSMP. The Administrator will 
determine whether deviations that occur during a period you identify as 
a startup, shutdown, or malfunction are violations according to the 
provisions in Sec.  63.6(e).
    (i) You must maintain records as specified in Sec. Sec.  63.3512 
and 63.3513.


Sec.  63.3543  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.3540 according to the requirements in Sec.  63.7(e)(1) and under the 
conditions in this section unless you obtain a waiver of the 
performance test according to the provisions in Sec.  63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or malfunction and during periods of nonoperation do not 
constitute representative conditions. You must record the process 
information that is necessary to document operating conditions during 
the test and explain why the conditions represent normal operation.
    (2) Representative emission capture system and add-on control 
device operating conditions. You must conduct the performance test when 
the emission capture system and add-on control device are operating at 
a representative flow rate and the add-on control device is operating 
at a representative inlet concentration. You must record information 
that is necessary to document emission capture system and add-on 
control device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec.  63.3544. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.3545.


Sec.  63.3544  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.  63.3540.
    (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 and thinners used in the coating operation are 
applied within the capture system, and coating solvent flash-off, 
curing, and drying occurs within the capture system. For example, the 
criterion is not met if parts enter the open shop environment when 
being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in

[[Page 64464]]

paragraphs (c), (d), and (e) of this section to measure capture 
efficiency. The capture efficiency measurements use TVH capture 
efficiency as a surrogate for organic HAP capture efficiency. For the 
protocols in paragraphs (c) and (d) of this section, the capture 
efficiency measurement must consist of three test runs. Each test run 
must be at least 3 hours duration or the length of a production run, 
whichever is longer, up to 8 hours. For the purposes of this test, a 
production run means the time required for a single part to go from the 
beginning to the end of production, which includes surface preparation 
activities and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a TTE 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 and thinners 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 TTE 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 and 
thinner 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 and thinners used in the coating 
operation during each capture efficiency test run.

[GRAPHIC] [TIFF OMITTED] TR13NO03.018


Where:

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

    (4) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the TTE 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 TTE.
    (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] TR13NO03.019


Where:

CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVHused = Total mass of liquid TVH used in the coating 
operation during the capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by 
the emission capture system and that exits from the TTE or building 
enclosure during the capture efficiency test run, kg, 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 TTE 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 and thinners are applied 
and all areas where emissions from these applied coatings and materials 
subsequently occur, such as flash-off, curing, and drying areas. The 
areas of the coating operation where capture devices collect emissions 
generated by the coating operation for routing to an add-on control 
device, such as the entrance and exit areas of an oven or a spray 
booth, must also be inside the enclosure. The enclosure must meet the 
applicable definition of a TTE 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, kg, of TVH

[[Page 64465]]

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 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, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the TTE 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 TTE.
    (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] TR13NO03.020


Where:

CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission 
capture system as measured at the inlet to the add-on control device 
during the emission capture efficiency test run, kg, 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 TTE or building 
enclosure during the capture efficiency test run, kg, 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.  63.3545  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.  63.3540. 
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 (5) 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 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-
control device is not an oxidizer.
    (4) You may use Method 18 of appendix A to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
    (5) 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.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator 
with an outlet for the high-volume dilute stream that has been treated 
by the concentrator, and a second add-on control device is an oxidizer 
with an outlet for the low-volume concentrated stream that is treated 
with the oxidizer, you must measure emissions at the outlet of the 
oxidizer and the high-volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and the outlet of the add-on 
control device using Equation 1 of this section. If there is more than 
one inlet or outlet to the add-on control device, you must calculate 
the total gaseous organic mass flow rate

[[Page 64466]]

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] TR13NO03.021


Where:

Mf = Total gaseous organic emissions mass flow rate, kg per 
hour (kg/h).
Cc = Concentration of organic compounds as carbon in the 
vent gas, as determined by Method 25 or Method 25A, ppmvd.
Qsd = Volumetric flow rate of gases entering or exiting the 
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 
2G, dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
(mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury (mmHg)).

    Note: If Mf is calculated in English units (lb/h), 
the conversion factor for molar volume is 0.00256 lb-moles per cubic 
foot (mol/ft\3\).

    (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] TR13NO03.022


Where:

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

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


Sec.  63.3546  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.  63.3540 and described 
in Sec. Sec.  63.3543, 63.3544, and 63.3545, you must establish the 
operating limits required by Sec.  63.3492 unless you have received 
approval for alternative monitoring and operating limits under Sec.  
63.8(f) as specified in Sec.  63.3492.
    (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. That 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 at the inlet to 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 at the inlet to the catalyst bed and 
the average temperature difference across the catalyst bed maintained 
during the performance test. The average temperature difference 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 at the inlet to 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 at the inlet to the catalyst bed during the 
performance test. That is the minimum operating limit for your 
catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e, 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and, as necessary, 
adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec.  63.3545.
    (c) Regenerative oxidizers. If your add-on control device is a 
regenerative oxidizer, establish operating limits according to 
paragraphs (c)(1) and (2) of this section.
    (1) You must establish all applicable operating limits according to 
paragraphs (a) and (b) of this section.
    (2) You must submit a valve inspection plan that documents the 
steps taken to minimize the amount of leakage during the regenerative 
process. This plan can include, but is not limited to, routine 
inspection of key parameters of the valve operating system (e.g., 
solenoid valve operation, air pressure, hydraulic pressure); visual 
inspection of the valves during internal inspections; and/or actual 
testing of the emission stream for leakage.
    (d) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (d)(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.

[[Page 64467]]

    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle, 
and the maximum carbon bed temperature recorded after the cooling 
cycle.
    (e) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (e)(1) and (2) 
of this section.
    (1) During the performance test, 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.
    (f) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (f)(1) through (7) of this section.
    (1) During the performance test, monitor and record the inlet 
temperature to the desorption/reactivation zone of the concentrator 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/reactivation zone inlet temperature.
    (3) During the performance test, monitor and record an indicator(s) 
of performance for the desorption/reactivation fan operation at least 
once every 15 minutes during each of the three runs of the performance 
test. The indicator can be speed in revolutions per minute (rpm), power 
in amps, static pressure, or flow rate.
    (4) Establish a suitable range for the parameter(s) selected based 
on the system design specifications, historical data, and/or data 
obtained concurrent with an emissions performance test. This is the 
operation limit range for the desorption/reactivation fan operation.
    (5) During the performance test, monitor the rotational speed of 
the concentrator at least once every 15 minutes during each of the 
three runs of the performance test.
    (6) Use the data collected during the performance test to calculate 
and record the average rotational speed. This is the minimum operating 
limit for the rotational speed of the concentrator. However, the 
indicator range for the rotational speed may be changed if an 
engineering evaluation is conducted and a determination made that the 
change in speed will not affect compliance with the emission limit.
    (7) Develop and implement an inspection and maintenance plan for 
the concentrator(s) that you elect to monitor according to paragraph 
(f) of this section. The plan must include, at a minimum, annual 
sampling and analysis of the absorbent material (i.e., adsorbent 
activity) following the manufacturer's recommended procedures.
    (g) Emission capture systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec.  63.3544(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (g)(1) and (2) of this section. 
The operating limit for a PTE is specified in Table 4 to this subpart.
    (1) During the capture efficiency determination required by Sec.  
63.3540 and described in Sec. Sec.  63.3543 and 63.3544, 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.  63.3547  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section 
according to paragraphs (a)(1) through (6) of this section. You must 
install, operate, and maintain each CPMS specified in paragraphs (b) 
and (d) of this section according to paragraphs (a)(3) through (5) of 
this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for 
each successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, 
and validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that a controlled 
coating operation is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities (including, if applicable, calibration checks and required 
zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out of control periods, or required quality 
assurance or control activities when calculating data averages. You 
must use all the data collected during all other periods in calculating 
the data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out of control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraph (b)(1) or (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) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. The flow indicator 
shall be installed at the entrance to any bypass line.
    (2) Secure the bypass line valve in the nondiverting position with 
a car-seal or a lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure the valve is maintained in the nondiverting position 
and the vent stream is not diverted through the bypass line.
    (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.

[[Page 64468]]

    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor 
according to paragraph (c)(2)(i) or (ii) of this section.
    (i) If you establish operating limits according to Sec.  
63.3546(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 at the inlet to and the 
outlet of the catalyst bed to measure the temperature difference across 
the bed.
    (ii) If you establish operating limits according to Sec.  
63.3546(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 at the inlet to 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 (ii) 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 minimum accuracy of +/-1.2 
degrees Celsius or +/-1 percent of the temperature value in degrees 
Celsius, whichever is larger.
    (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 an accuracy of +/-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 minimum accuracy 
of +/-1.2 degrees Celsius or +/-1 percent of the temperature value in 
degrees Celsius, whichever is larger, 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 minimum accuracy of +/-
1 percent of the temperature recorded in degrees Celsius or +/-1.2 
degrees Celsius, whichever is greater.
    (2) The temperature monitor must provide a continuous gas 
temperature record.
    (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) through (4) of this section.
    (1) You must install a temperature monitor at the inlet to the 
desorption/reactivation zone of the concentrator. The temperature 
monitor must meet the requirements in paragraphs (a) and (c)(3) of this 
section.
    (2) You must select an indicator(s) of performance of the 
desorption/reactivation fan operation, such as speed, power, static 
pressure, or flow rate.
    (3) You must monitor the rotational speed of the concentrator in 
revolutions per hour.
    (4) You must verify the performance of the adsorbent material by 
examining representative samples and testing adsorbent activity per the 
manufacturer's recommendations.

Compliance Requirements for the Control Efficiency/Outlet Concentration 
Option


Sec.  63.3550  By what date must I conduct performance tests and other 
initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed 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.  63.3483. You must conduct a performance test of 
each capture system and add-on control device according to Sec. Sec.  
63.3553, 63.3554, and 63.3555 and establish the operating limits 
required by Sec.  63.3492 no later than 180 days after the applicable 
compliance date specified in Sec.  63.3483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3493 no later than the compliance date specified 
in Sec.  63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3551. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 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 results of 
emission capture system and add-on control device performance tests 
conducted according to Sec.  63.3553, 63.3554, and 63.3555; the 
operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec.  
63.3557; and documentation of whether you developed and implemented the 
work practice plan required by Sec.  63.3493.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.3492 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 on the date you complete the 
performance tests specified in paragraph (a)(1) of this section.
    (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.  63.3483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3493 no later than the compliance date specified 
in Sec.  63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3551. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 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 results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. Sec.  63.3553, 63.3554, and 63.3555; the 
operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec.  
63.3557; and

[[Page 64469]]

documentation of whether you developed and implemented the work 
practice plan required by Sec.  63.3493.


Sec.  63.3551  How do I demonstrate initial compliance?

    (a) You may use the control efficiency/outlet concentration option 
for any coating operation, for any group of coating operations within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment. You must use 
the compliant material option, 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 
the control efficiency/outlet concentration option. To demonstrate 
initial compliance, the coating operation(s) for which you use the 
control efficiency/outlet concentration option must meet the applicable 
levels of emission reduction in Sec.  63.3490. You must conduct a 
separate initial compliance demonstration for each one and two-piece 
draw and iron can body coating, sheetcoating, three-piece can body 
assembly coating, and end coating affected source. 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 or thinners 
used on coating operations for which you use the compliant material 
option, the emission rate without add-on controls option, or the 
emission rate with add-on controls option. You do not need to 
redetermine the mass of organic HAP in coatings or thinners that have 
been reclaimed onsite and reused in the coating operation(s) for which 
you use the emission rate with add-on controls option.
    (b) Compliance with operating limits. You must establish and 
demonstrate continuous compliance during the initial compliance period 
with the operating limits required by Sec.  63.3492, using the 
procedures specified in Sec. Sec.  63.3556 and 63.3557.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.3493 during the initial compliance period as 
specified in Sec.  63.3512.
    (d) Compliance demonstration. To demonstrate initial compliance, 
the coating operation(s) for which you use the control efficiency/
outlet concentration option must meet the applicable levels of emission 
reduction in Sec.  63.3490. You must keep all records applicable to the 
control efficiency/outlet concentration option as required by 
Sec. Sec.  63.3512 and 63.3513. As part of the Notification of 
Compliance Status required by Sec.  63.3510, you must identify the 
coating operation(s) for which you used the control efficiency/outlet 
concentration option and submit a statement that the coating 
operation(s) was in compliance with the emission limitations during the 
initial compliance period because you achieved the operating limits 
required by Sec.  63.3492 and the work practice standards required by 
Sec.  63.3493.


Sec.  63.3552  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the emission 
limitations using the control efficiency/outlet concentration option, 
the organic HAP emission rate for each compliance period must be equal 
to or less than 20 ppmvd or must be reduced by the amounts specified in 
Sec.  63.3490. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec.  
63.3550 is the end of a compliance period consisting of that month and 
the preceding 11 months.
    (b) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.3492 that applies to you, as specified in 
Table 4 to this subpart. If an operating parameter is out of the 
allowed range specified in Table 4 to this subpart, this is a deviation 
from the operating limit that must be reported as specified in 
Sec. Sec.  63.3510(b)(6) and 63.3511(a)(7).
    (c) You must meet the requirements for bypass lines in Sec.  
63.3557(b). If any bypass line is opened and emissions are diverted to 
the atmosphere when the coating operation is running, this is a 
deviation that must be reported as specified in Sec. Sec.  
63.3510(b)(6) and 63.3511(a)(7). For purposes of demonstrating 
compliance, 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.
    (d) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.3493. 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.  63.3512(j)(8), this is a deviation from the 
work practice standards that must be reported as specified in 
Sec. Sec.  63.3510(b)(6) and 63.3511(a)(7).
    (e) As part of each semiannual compliance report required in Sec.  
63.3511, you must identify the coating operation(s) for which you used 
the control efficiency/outlet concentration option. If there were no 
deviations from the operating limits or work practice standards, 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 20 ppmvd or was reduced by the 
amount specified in Sec.  63.3490, and you achieved the operating 
limits required by Sec.  63.3492 and the work practice standards 
required by Sec.  63.3493 during each compliance period.
    (f) During periods of startup, shutdown, or malfunctions 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.  63.3500(c).
    (g) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with the SSMP. The Administrator will 
determine whether deviations that occur during a period you identify as 
a startup, shutdown, or malfunction are violations, according to the 
provisions in Sec.  63.6(e).
    (h) You must maintain records applicable to the control efficiency/
outlet concentration option as specified in Sec. Sec.  63.3512 and 
63.3513.


Sec.  63.3553  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.3550 according to the requirements of 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 operating conditions. You must conduct 
the performance test under representative operating conditions for the 
coating operation(s). Operations during periods of startup, shutdown, 
or malfunction and during periods of nonoperation do not constitute 
representative conditions. You must record the process information that 
is necessary to document operating conditions during the test and 
explain why the conditions represent normal operation.
    (2) Representative emission capture system and add-on control 
device

[[Page 64470]]

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.  63.3554. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.3555.


Sec.  63.3554  How do I determine the emission capture system 
efficiency?

    The capture efficiency of your emission capture system must be 100 
percent to use the control efficiency/outlet concentration option. You 
may assume the capture system efficiency is 100 percent if both of the 
conditions in paragraphs (a) and (b) of this section are met.
    (a) 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.
    (b) All coatings and thinners used in the coating operation are 
applied within the capture system, and coating solvent flash-off, 
curing, and drying occurs within the capture system. This criterion is 
not met if parts enter the open shop environment when being moved 
between a spray booth and a curing oven.


Sec.  63.3555  How do I determine the outlet THC emissions and add-on 
control device emission destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine either the outlet THC emissions or add-on control device 
emission destruction or removal efficiency as part of the performance 
test required by Sec.  63.3550. 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 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.
    (4) You may use Method 18 of appendix A to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
    (5) 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.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator 
with an outlet for the high-volume dilute stream that has been treated 
by the concentrator and a second add-on control device is an oxidizer 
with an outlet for the low-volume, concentrated stream that is treated 
with the oxidizer, you must measure emissions at the outlet of the 
oxidizer and the high-volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and 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] TR13NO03.023


Where:

Mf = Total gaseous organic emissions mass flow rate, kg/h.
Cc = The concentration of organic compounds as carbon in the 
vent gas, as determined by Method 25 or Method 25A, ppmvd.
Qsd = Volumetric flow rate of gases entering or exiting the 
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 
2G, dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-moles per cubic meter 
(mol/m\3\) (@ 293 Kelvin (K) and 760 millimeters of mercury (mmHg)).

    Note: If Mf is calculated in English units (lb/h), 
the conversion factor for molar volume is 0.00256 lb-moles per cubic 
foot (mol/ft\3\).

    (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] TR13NO03.024


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

[[Page 64471]]

add-on control device, using Equation 1 of this section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the 
outlet(s) of the add-on control device, using Equation 1 of this 
section, kg/h.

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


Sec.  63.3556  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.  63.3550 and described 
in Sec. Sec.  63.3553, 63.3554, and 63.3555, you must establish the 
operating limits required by Sec.  63.3492 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.3492.
    (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. That 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 at the inlet to 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 at the inlet to the catalyst bed and 
the average temperature difference across the catalyst bed maintained 
during the performance test. The average temperature difference 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 at the inlet to 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 at the inlet to the catalyst bed during the 
performance test. That is the minimum operating limit for your 
catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and, as necessary, 
adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec.  63.3555.
    (c) Regenerative oxidizers. If your add-on control device is a 
regenerative oxidizer, establish operating limits according to 
paragraphs (c)(1) and (2) of this section.
    (1) You must establish all applicable operating limits according to 
paragraphs (a) and (b) of this section.
    (2) You must submit a valve inspection plan that documents the 
steps taken to minimize the amount of leakage during the regenerative 
process. This plan can include, but is not limited to, routine 
inspection of key parameters of the valve operating system (e.g., 
solenoid valve operation, air pressure, hydraulic pressure), visual 
inspection of the valves during internal inspections, and/or actual 
testing of the emission stream for leakage.
    (d) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (d)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
and the carbon bed temperature after each carbon bed regeneration and 
cooling cycle for the regeneration cycle either immediately preceding 
or immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle 
and the maximum carbon bed temperature recorded after the cooling 
cycle.
    (e) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (e)(1) and (2) 
of this section.
    (1) During the performance test, 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.
    (f) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (f)(1) through (7) of this section.
    (1) During the performance test, monitor and record the inlet 
temperature to the desorption/reactivation zone of the concentrator 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/reactivation zone inlet temperature.
    (3) During the performance test, monitor and record an indicator(s) 
of performance for the desorption/reactivation fan operation at least 
once every 15 minutes during each of the three runs of the performance 
test. The indicator can be speed in rpm, power in amps, static 
pressure, or flow rate.
    (4) Establish a suitable range for the parameter(s) selected based 
on the system design specifications, historical data, and/or data 
obtained concurrent with an emissions performance test. This is the 
operation limit range for the desorption/reactivation fan operation.
    (5) During the performance test, monitor the rotational speed of 
the

[[Page 64472]]

concentrator at least once every 15 minutes during each of the three 
runs of the performance test.
    (6) Use the data collected during the performance test to calculate 
and record the average rotational speed. This is the minimum operating 
limit for the rotational speed of the concentrator. However, the 
indicator range for the rotational speed may be changed if an 
engineering evaluation is conducted and a determination made that the 
change in speed will not affect compliance with the emission limit.
    (7) Develop and implement an inspection and maintenance plan for 
the concentrator(s) that you elect to monitor according to paragraph 
(f) of this section. The plan must include, at a minimum, annual 
sampling and analysis of the absorbent material (i.e., adsorbent 
activity) following the manufacturer's recommended procedures.
    (g) Emission capture systems. For each capture device that is part 
of a PTE that meets the criteria of Sec.  63.3554, the operating limit 
for a PTE is specified in Table 4 to this subpart.


Sec.  63.3557  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section 
according to paragraphs (a)(1) through (6) of this section. You must 
install, operate, and maintain each CPMS specified in paragraphs (b) 
and (d) of this section according to paragraphs (a)(3) through (5) of 
this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for 
each successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, 
and validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that a controlled 
coating operation is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities (including, if applicable, calibration checks and required 
zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out of control periods, or required quality 
assurance or control activities when calculating data averages. You 
must use all the data collected during all other periods in calculating 
the data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out of control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraph (b)(1) or (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) Properly install, maintain, and operate a flow indicator that 
takes a reading at least once every 15 minutes. The flow indicator 
shall be installed at the entrance to any bypass line.
    (2) Secure the bypass line valve in the nondiverting position with 
a car-seal or lock-and-key type configuration. A visual inspection of 
the seal or closure mechanism shall be performed at least once every 
month to ensure the valve is maintained in the nondiverting position, 
and the vent stream is not diverted through the bypass line.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor 
according to paragraph (c)(2)(i) or (ii) of this section.
    (i) If you establish operating limits according to Sec.  
63.3556(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 at the inlet to and the 
outlet of the catalyst bed to measure the temperature difference across 
the bed.
    (ii) If you establish operating limits according to Sec.  
63.3556(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 at the inlet to 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 (ii) 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 minimum accuracy of +/-1.2 
degrees Celsius or +/-1 percent of the temperature value in degrees 
Celsius, whichever is larger.
    (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 an accuracy of +/-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 minimum accuracy 
of +/-1.2 degrees Celsius or +/-1 percent of the temperature value in 
degrees Celsius, whichever is larger, 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 minimum accuracy of +/-
1.2 degrees Celsius or +/-1 percent of the temperature value in degrees 
Celsius, whichever is larger.
    (2) The temperature monitor must provide a continuous gas 
temperature record.
    (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) through (4) of this section.

[[Page 64473]]

    (1) You must install a temperature monitor at the inlet to the 
desorption/reactivation zone of the concentrator. The temperature 
monitor must meet the requirements in paragraphs (a) and (c)(3) of this 
section.
    (2) You must select an indicator(s) of performance of the 
desorption/reactivation fan operation, such as speed, power, static 
pressure, or flow rate.
    (3) You must monitor the rotational speed of the concentrator in 
revolutions per hour.
    (4) You must verify the performance of the adsorbent material by 
examining representative samples and testing adsorbent activity per the 
manufacturer's recommendations.

Other Requirements and Information


Sec.  63.3560  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the United 
States Environmental Protection Agency (U.S. EPA), or a delegated 
authority such as your State, local, or tribal agency. If the 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency, 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 in 
Sec.  63.3493.
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f) and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.


Sec.  63.3561  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.
    Aerosol can means any can into which a pressurized aerosol product 
is packaged.
    Aseptic coating means any coating that must withstand high 
temperature steam, chemicals, or a combination of both used to 
sterilize food cans prior to filling.
    Can body means a formed metal can, excluding the unattached end(s).
    Can end means a can part manufactured from metal substrate equal to 
or thinner than 0.3785 millimeters (mm) (0.0149 inch) for the purpose 
of sealing the ends of can bodies including nonmetal or composite can 
bodies.
    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 flash-off, 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. 
Fusion pastes, ink jet markings, mist solutions, and lubricants, as 
well as 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 coating to a metal 
can or end (including decorative tins), or metal crown or closure, and 
to dry or cure the coating after application. A coating operation 
always includes at least the point at which a coating is applied and 
all subsequent points in the affected source where organic HAP 
emissions from that coating occur. There may be multiple coating 
operations in an affected source. Coating application with hand-held 
nonrefillable aerosol containers, touch-up markers, or marking pens is 
not a coating operation for the purposes of this subpart.
    Coating solids means the nonvolatile portion of a 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, 
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.
    Crowns and closures means steel or aluminum coverings such as 
bottle caps and jar lids for containers other than can ends.
    Decorative tin means a single-walled container, designed to be 
covered or uncovered that is manufactured from metal substrate equal to 
or thinner than 0.3785 mm (0.0149 inch) and is normally coated on the 
exterior surface with decorative coatings. Decorative tins may contain 
foods but are not hermetically sealed and are not subject to food 
processing steps such as retort or pasteurization. Interior coatings 
are not usually applied to protect the metal and contents from chemical 
interaction.
    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, 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, operating limit, or work 
practice

[[Page 64474]]

standard in this subpart during startup, shutdown, or malfunction 
regardless of whether or not such failure is permitted by this subpart.
    Drum means a cylindrical metal container with walls of 29 gauge or 
thicker and a capacity greater than 45.4 liters (12 gal).
    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.
    End coating means the application of end seal compound or repair 
spray on can ends during manufacturing.
    End seal compound means the coating applied onto ends of cans that 
functions to seal the end(s) of a can to the can body.
    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).
    Food can means any can manufactured to contain edible products and 
designed to be hermetically sealed. Does not include decorative tins.
    Fusion paste means a material used to attach nozzles and other 
miscellaneous parts to general line cans.
    General line can means any can manufactured to contain inedible 
products. Does not include aerosol cans or decorative tins.
    Ink jet marking means the ink and makeup fluid used for date code 
and other identification markings on a can for the marking on a can 
indicating when food in a can has completed the retort process.
    Inside spray means a coating sprayed on the interior of a can body 
to provide a protective film between the can and its contents.
    Lubricant means an organic liquid used as a lubricating agent to 
facilitate the handling and fabrication (e.g., tab making, stamping, or 
necking) of can bodies or ends.
    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.  63.3521. Manufacturer's formulation data may include, but are 
not limited to, information on density, organic HAP content, volatile 
organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Metal can means a single-walled container manufactured from metal 
substrate equal to or thinner than 0.3785 mm (0.0149 inch).
    Mist solution means a hydrocarbon or aqueous solution used as an 
application aid with solvent-based or waterborne end seal compounds to 
prevent compound accumulation on the lining nozzle.
    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.
    Nonaseptic coating means any coating that is not subjected to high 
temperature steam, chemicals, or a combination of both to sterilize 
food cans prior to filling.
    One and two-piece draw and iron can means a steel or aluminum can 
manufactured by the draw and iron process. Includes two-piece beverage 
cans, two-piece food cans, and one-piece aerosol cans.
    One-piece aerosol can means an aerosol can formed by the draw and 
iron process to which no ends are attached and a valve is placed 
directly on top.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating, calculated using Equation 1 of Sec.  
63.3521. 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.
    Pail means a cylindrical or rectangular metal container with walls 
of 29 gauge or thicker and a capacity of 7.6 to 45.4 liters (2 to 12 
gal) (for example, bucket).
    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.
    Repair spray means a spray coating for post-formed easy-open ends 
to provide additional protection in the scored areas by covering breaks 
at the score location or to provide an additional layer of protective 
coating on the interior of the end for corrosion resistance.
    Research or laboratory equipment means any equipment that is being 
used to conduct research and development of new processes and products, 
when such equipment is operated 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.
    Sheetcoating means a can manufacturing coating process that 
involves coating of flat metal sheets before they are formed into cans.
    Side seam stripe means a coating applied to the interior and/or 
exterior of the welded or soldered seam of a three-piece can body to 
protect the exposed metal.
    Startup, initial means the first time equipment is brought online 
in a facility.
    Surface preparation means use of a cleaning material on a portion 
of or all of a substrate. That includes use of a cleaning material to 
remove dried coating which is sometimes called ``depainting.''
    Temporary total enclosure (TTE) 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.
    Three-piece aerosol can means a steel aerosol can formed by the 
three-piece can assembly process manufactured to contain food or 
nonfood products.
    Three-piece can assembly means the process of forming a flat metal 
sheet into a shaped can body which may include the processes of 
necking, flanging, beading, and seaming and application of a side seam 
stripe and/or an inside spray coating.
    Three-piece food can means a steel can formed by the three-piece 
can assembly process manufactured to contain edible products and 
designed to be hermetically sealed.
    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.
    Two-piece beverage can means a two-piece draw and iron can 
manufactured

[[Page 64475]]

to contain drinkable liquids such as beer, soft drinks, or fruit 
juices.
    Two-piece food can means a steel or aluminum can manufactured by 
the draw and iron process and designed to contain edible products other 
than beverages and to be hermetically sealed.
    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.

Tables to Subpart KKKK of Part 63

     Table 1 to Subpart KKKK 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.   63.3490(a) through
                                  (c)]
------------------------------------------------------------------------
                                                      You must meet the
    If you apply surface                              following organic
  coatings to metal cans or       Then for all       HAP emission limit
   metal can parts in this      coatings of this       in kg HAP/liter
      subcategory . . .            type . . .        solids (lbs HAP/gal
                                                        solids): a, b
------------------------------------------------------------------------
1. One and two-piece draw     a. Two-piece          0.04 (0.31).
 and iron can body coating.    beverage cans--all   0.06 (0.50).
                               coatings.            0.08 (0.65).
                              b. Two-piece food
                               cans--all coatings.
                              c. One-piece aerosol
                               cans--all coatings.
2. Sheetcoating.............  Sheetcoating........  0.02 (0.17).
3. Three-piece can assembly.  a. Inside spray.....  0.12 (1.03).
                              b. Aseptic side seam  1.48 (12.37).
                               stripes on food
                               cans.
                              c. Nonaseptic side    0.72 (5.96).
                               seam stripes on
                               food cans.
                              d. Side seam stripes  1.18 (9.84).
                               on general line
                               nonfood cans.
                              e. Side seam stripes  1.46 (12.14).
                               on aerosol cans.
4. End coating..............  a. Aseptic end seal   0.06 (0.54).
                               compounds.
                              b. Nonaseptic end     0.00 (0.00).
                               seal compounds.
                              c. Repair spray       0.64 (5.34).
                               coatings.
------------------------------------------------------------------------
 a If you apply surface coatings of more than one type within any one
  subcategory you may calculate an OSEL according to Sec.   63.3531(i).
 b Rounding differences in specific emission limits are attributable to
  unit conversions.


    Table 2 to Subpart KKKK 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.   63.3490(a) through
                                  (c)]
------------------------------------------------------------------------
                                                      You must meet the
    If you apply surface                              following organic
  coatings to metal cans or       Then for all       HAP emission limit
   metal can parts in this      coatings of this       in kg HAP/liter
      subcategory . . .            type . . .        solids (lbs HAP/gal
                                                        solids): a, b
------------------------------------------------------------------------
1. One and two-piece draw     a. Two-piece          0.07 (0.59).
 and iron can body coating.    beverage cans--all   0.06 (0.51).
                               coatings.            0.12 (0.99).
                              b. Two-piece food
                               cans--all coatings.
                              c. One-piece aerosol
                               cans--all coatings.
2. Sheetcoating.............  Sheetcoating........  0.03 (0.26).
3. Three-piece can assembly.  a. Inside spray.....  0.29 (2.43).
                              b. Aseptic side seam  1.94 (16.16).
                               stripes on food
                               cans.
                              c. Nonaseptic side    0.79 (6.57).
                               seam stripes on
                               food cans.
                              d. Side seam stripes  1.18 (9.84).
                               on general line
                               nonfood cans.
                              e. Side seam stripes  1.46 (12.14).
                               on aerosol cans.
4. End coating..............  a. Aseptic end seal   0.06 (0.54).
                               compounds.
                              b. Nonaseptic end     0.00 (0.00).
                               seal compounds.
                              c. Repair spray       2.06 (17.17).
                               coatings.
------------------------------------------------------------------------
 a If you apply surface coatings of more than one type within any one
  subcategory you may calculate an OSEL according to Sec.   63.3531(i).
 b Rounding differences in specific emission limits are attributable to
  unit conversions.


    Table 3 to Subpart KKKK of Part 63.--Emission Limits for Affected
  Sources Using the Control Efficiency/Outlet Concentration Compliance
                                 Option
  [You must comply with the emission limits that apply to your affected
     source in the following table as required by Sec.   63.3490(d)]
------------------------------------------------------------------------
   If you use the control efficiency/     Then you must comply with one
 outlet concentration option to comply     of the following by using an
 with the emission limitations for any   emissions control system to . .
       coating operation(s) . . .                       .
------------------------------------------------------------------------
1. in a new or reconstructed affected    a. reduce emissions of total
 source.                                  HAP, measured as THC (as
                                          carbon),a by 97 percent; or
                                         b. limit emissions of total
                                          HAP, measured as THC (as
                                          carbon),a to 20 ppmvd at the
                                          control device outlet and use
                                          a PTE.
2. in an existing affected source......  a. reduce emissions of total
                                          HAP, measured as THC (as
                                          carbon),a by 95 percent; or
                                         b. limit emissions of total
                                          HAP, measured as THC (as
                                          carbon),a to 20 ppmvd at the
                                          control device outlet and use
                                          a PTE.
------------------------------------------------------------------------
a You may choose to subtract methane from THC as carbon measurements.


[[Page 64476]]


 Table 4 to Subpart KKKK of Part 63.--Operating Limits if Using the Emission Rate with Add-on Controls Option or
                          the Control Efficiency/Outlet Concentration Compliance Option
   [If you are required to comply with operating limits by Sec.   63.3492, you must comply with the applicable
                                    operating limits in the following table]
----------------------------------------------------------------------------------------------------------------
                                                                                      And you must demonstrate
    For the following device . . .        You must meet the following operating      continuous compliance with
                                                       limit . . .                  the operating limit by . . .
----------------------------------------------------------------------------------------------------------------
1. Thermal oxidizer..................  a. The average combustion temperature in    i. Collecting the combustion
                                        each 3-hour block period must not fall      temperature data according
                                        below the combustion temperature limit      to Sec.   63.3547(c) or Sec.
                                        established according to Sec.                 63.3557(c);
                                        63.3546(a) or Sec.   63.3556(a).           ii. Reducing the data to 3-
                                                                                    hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average combustion
                                                                                    temperature at or above the
                                                                                    temperature limit
                                                                                    established according to
                                                                                    Sec.   63.3546(a) or Sec.
                                                                                    63.3556(a).
2. Catalytic oxidizer................  a. The average temperature difference       i. Collecting the temperature
                                        across the catalyst bed in each 3-hour      data according to Sec.
                                        period does not fall below the              63.3547(c) or Sec.
                                        temperature difference limit established    63.3578(c);
                                        according to Sec.   63.3546(b)(2) or Sec.  ii. Reducing the data to 3-
                                          63.3556(b)(2); or                         hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average temperature
                                                                                    difference at or above the
                                                                                    temperature difference limit
                                                                                    established according to
                                                                                    Sec.   63.3546(b)(2) or Sec.
                                                                                      63.3556(b)(2).
                                       b. The average temperature measured at the  i. Collecting the temperature
                                        inlet to the catalyst bed in each 3-hour    data according to Sec.
                                        block period must not fall below the        63.3547(c) or Sec.
                                        limit established according to Sec.         63.3557(c); and
                                        63.3546(b) or Sec.   63.3556(b); and       ii. Reducing the data to 3-
                                                                                    hour block averages, and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average temperature at
                                                                                    the inlet to the catalyst
                                                                                    bed at or above the
                                                                                    temperature limit
                                                                                    established according to
                                                                                    Sec.   63.3546(b) or Sec.
                                                                                    63.3556(b).
                                       c. Develop and implement an inspection and  Maintaining an up-to-date
                                        maintenance plan according to Sec.          inspection plan, records of
                                        63.3546(b)(4) or Sec.   63.3556(b)(4).      annual catalyst activity
                                                                                    checks, records of monthly
                                                                                    inspections of the oxidizer
                                                                                    system, and records of the
                                                                                    annual internal inspections
                                                                                    of the catalyst bed. If a
                                                                                    problem is discovered during
                                                                                    a monthly or annual
                                                                                    inspection required by Sec.
                                                                                     63.3546(b)(4) or Sec.
                                                                                    63.3556(b)(4), you must take
                                                                                    corrective action as soon as
                                                                                    practicable consistent with
                                                                                    the manufacturer's
                                                                                    recommendations.
3. Regenerative oxidizers............  a. Develop and implement a valve            Maintaining an up-to-date
                                        inspection plan according to Sec.           valve inspection plan. If a
                                        63.3546(c) or Sec.   63.3546(c); and        problem is discovered during
                                        either                                      an inspection required by
                                                                                    Sec.   63.3556(c), or Sec.
                                                                                    63.3556(c), you must take
                                                                                    corrective action as soon as
                                                                                    soon as practicable.
                                       b. If you are using a regenerative thermal  See all applicable items in
                                        oxidizer, follow the operating limits       1.a of this table.
                                        according to 1.a of this table; or
                                       c. If you are using a regenerative          See all applicable items in
                                        catalytic oxidizer, follow the operating    2.a, 2.b, and 2.c of this
                                        limits according to item 2.a of this        table.
                                        table.
4. Carbon adsorber...................  a. The total regeneration desorbing gas     i. Measuring the total
                                        (e.g., steam or nitrogen) mass flow for     regeneration desorbing gas
                                        each carbon bed regeneration cycle must     (e.g., steam or nitrogen)
                                        not fall below the total regeneration       mass flow for each
                                        desorbing gas mass flow limit established   regeneration cycle according
                                        according to Sec.   63.3546(d) or Sec.      to Sec.   63.3547(d) or Sec.
                                        63.3556(d).                                   63.3557(d); and
                                                                                   ii. Maintaining the total
                                                                                    regeneration desorbing gas
                                                                                    mass flow at or above the
                                                                                    mass flow limit.
                                       b. The temperature of the carbon bed,       i. Measuring the temperature
                                        after completing each regeneration and      of the carbon bed, after
                                        any cooling cycle, must not exceed the      completing each regeneration
                                        carbon bed temperature limit established    and any cooling cycle,
                                        according to Sec.   63.3546(d) or Sec.      according to Sec.
                                        63.3556(d).                                 63.3547(d) or Sec.
                                                                                    63.3557(d); and
                                                                                   ii. Operating the carbon beds
                                                                                    such that each carbon bed is
                                                                                    not returned to service
                                                                                    until completing each
                                                                                    regeneration and any cooling
                                                                                    cycle until the recorded
                                                                                    temperature of the carbon
                                                                                    bed is at or below the
                                                                                    temperature limit.
5. Condenser.........................  a. The average condenser outlet (product    i. Collecting the condenser
                                        side) gas temperature in each 3-hour        outlet (product side) gas
                                        period must not exceed the temperature      temperature according to
                                        limit established according to Sec.         Sec.   63.3547(e) or Sec.
                                        63,3546(e) or Sec.   63.3556(e).            63.3557(e);
                                                                                   ii. Reducing the data to 3-
                                                                                    hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average gas
                                                                                    temperature at the outlet at
                                                                                    or below the temperature
                                                                                    limit.

[[Page 64477]]

 
6. Concentrators, including zeolite    a. The average inlet temperature measured   i. Collecting the temperature
 wheels and rotary carbon absorbers.    from the desorption reactivation zone in    data including zeolite inlet
                                        each 3-hour block period must not fall      temperature according to
                                        below the limit established according to    Sec.   63.3547(f)
                                        Sec.   63.3546(f) or Sec.   63.3556(f).    ii. Reducing the data to 3-
                                                                                    hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average temperature at
                                                                                    or above the temperature
                                                                                    limit.
                                       b. The indicator of performance for the     i. Collecting the indicator
                                        desorption reactivation fan operation in    data according to Sec.
                                        each 3-hour block period must not fall      63.3547(f) or Sec.
                                        outside of the range established            63.3557(f); and
                                        according to Sec.   63.3547(f) or Sec.     ii. Maintaining the indicator
                                        63.3556(f).                                 data within the range
                                                                                    established.
                                       c. The nominal rotational speed of the      i. Collecting the rotational
                                        concentrator in each 3-hour block period    speed according to Sec.
                                        must not fall below the speed established   63.3547(f) or Sec.
                                        according to Sec.   63.3546(f) or Sec.      63.3557(f);
                                        63.3556(f).                                ii. Reducing the speed data
                                                                                    to 3-hour block averages;
                                                                                    and
                                                                                   iii. Maintaining the 3-hour
                                                                                    block average speed at or
                                                                                    above the rotational speed
                                                                                    limit.
                                       d. Develop and implement an inspection and  Maintaining an up-to-date
                                        maintenance plan according to Sec.          inspection plan, and records
                                        63.3546(f)(3) or Sec.   63.3556(f)(3).      of annual adsorbent activity
                                                                                    checks. The results shall be
                                                                                    compared to historical
                                                                                    results and/or results for
                                                                                    new adsorbents. If a problem
                                                                                    is discovered during the
                                                                                    annual inspection required
                                                                                    by Sec.   63.3546(f)(3) or
                                                                                    Sec.   63.3556(f)(3), you
                                                                                    must take corrective action
                                                                                    as soon as practicable
                                                                                    consistent with the
                                                                                    manufacturer's
                                                                                    recommendations.
7. Emission capture system that is a   a. The direction of the air flow at all     i. Collecting the direction
 PTE according to Sec.   63.3544(a)     times must be into the enclosure; and       of air of air flow, and
 or Sec.   63.3554(a).                  either                                      either the facial velocity
                                                                                    of air through all natural
                                                                                    draft openings or the
                                                                                    pressure drop across the
                                                                                    enclosure; and
                                                                                   ii. Maintaining the facial
                                                                                    velocity of air flow through
                                                                                    all natural draft openings
                                                                                    or the pressure drop at or
                                                                                    above the facial velocity
                                                                                    limit or pressure drop
                                                                                    limit, and maintaining the
                                                                                    direction of air flow into
                                                                                    the enclosure at all times.
                                       b. The average facial velocity of air       See items 7.a.i and ii of
                                        through all natural draft openings in the   this table.
                                        enclosure must be at least 200 feet per
                                        minute; or
                                       c. The pressure drop across the enclosure   See items 7.a.i and ii of
                                        must be at least 0.007 inch H20, as         this table.
                                        established in Method 204 of appendix M
                                        to 40 CFR part 51.
8. Emission capture system that is     a. The average gas volumetric flow rate or  i. Collecting the gas
 not a PTE according to Sec.            duct static pressure in each duct between   volumetric flow rate or duct
 63.3544(a).                            a capture device and add-on control         static pressure for each
                                        device inlet in each 3-hour period must     capture device according to
                                        not fall below the average volumetric       Sec.   63.3546(g);
                                        flow rate or duct static pressure limit    ii. Reducing the data to 3-
                                        established for that capture device         hour block averages; and
                                        according to Sec.   63.3547(g).            iii. Maintaining the 3-hour
                                                                                    block average gas volumetric
                                                                                    flow rate or duct static
                                                                                    pressure for each capture
                                                                                    device at or above the gas
                                                                                    volumetric flow rate or duct
                                                                                    static pressure limit.
----------------------------------------------------------------------------------------------------------------


            Table 5 to Subpart KKKK of Part 63.--Applicability of General Provisions to Subpart KKKK
     [You must comply with the applicable General Provisions requirements according to the following table]
----------------------------------------------------------------------------------------------------------------
                                                              Applicable to
            Citation                      Subject             subpart KKKK                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(4)...........  General Applicability.  Yes.................
Sec.   63.1(a)(5)...............  [Reserved]............  No..................
Sec.   63.1(a)(6)...............  Source Category         Yes.................
                                   Listing.
Sec.   63.1(a)(7)-(9)...........  [Reserved]............  No..................
Sec.   63.1(a)(10)-(12).........  Timing and Overlap      Yes.................
                                   Clarifications.
Sec.   63.1(b)(1)...............  Initial Applicability   Yes.................  Applicability to subpart KKKK is
                                   Determination.                                also specified in Sec.
                                                                                 63.3481.
Sec.   63.1(b)(2)...............  [Reserved]............  No..................
Sec.   63.1(b)(3)...............  Applicability           Yes.................
                                   Determination
                                   Recordkeeping.
Sec.   63.1(c)(1)...............  Applicability after     Yes.................
                                   Standard Established.

[[Page 64478]]

 
Sec.   63.1(c)(2)-(3)...........  Applicability of        No..................  Area sources are not subject to
                                   Permit Program for                            subpart KKKK.
                                   Area Sources.
Sec.   63.1(c)(4)-(5)...........  Extensions and          Yes.................
                                   Notifications.
Sec.   63.1(e)..................  Applicability of        Yes.................
                                   Permit Program before
                                   Relevant Standard is
                                   Set.
Sec.   63.2.....................  Definitions...........  Yes.................  Additional definitions are
                                                                                 specified in Sec.   63.3561.
Sec.   63.3(a)-(c)..............  Units and               Yes.................
                                   Abbreviations.
Sec.   63.4(a)(1)-(5)...........  Prohibited Activities.  Yes.................
Sec.   63.4(b)-(c)..............  Circumvention/          Yes.................
                                   Fragmentation.
Sec.   63.5(a)..................  Construction/           Yes.................
                                   Reconstruction.
Sec.   63.5(b)(1)-(6)...........  Requirements for        Yes.................
                                   Existing, Newly
                                   Constructed, and
                                   Reconstructed Sources.
Sec.   63.5(d)..................  Application for         Yes.................
                                   Approval of
                                   Construction/
                                   Reconstruction.
Sec.   63.5(e)..................  Approval of             Yes.................
                                   Construction/
                                   Reconstruction.
Sec.   63.5(f)..................  Approval of             Yes.................
                                   Construction/
                                   Reconstruction Based
                                   on Prior State Review.
Sec.   63.6(a)..................  Compliance with         Yes.................
                                   Standards and
                                   Maintenance
                                   Requirements--Applica
                                   bility.
Sec.   63.6(b)(1)-(7)...........  Compliance Dates for    Yes.................  Section 63.3483 specifies the
                                   New and Reconstructed                         compliance dates.
                                   Sources.
Sec.   63.6(c)(1)-(5)...........  Compliance Dates for    Yes.................  Section 63.3483 specifies the
                                   Existing Sources.                             compliance dates.
Sec.   63.6(e)(1)-(2)...........  Operation and           Yes.................
                                   Maintenance.
Sec.   63.6(e)(3)...............  SSMP..................  Yes.................  Only sources using an add-on
                                                                                 control device to comply with
                                                                                 the standard must complete
                                                                                 SSMP.
Sec.   63.6(f)(1)...............  Compliance Except       Yes.................  Applies only to sources using an
                                   during Startup,                               add-on control device to comply
                                   Shutdown, and                                 with the standards.
                                   Malfunction.
Sec.   63.6(f)(2)-(3)...........  Methods for             Yes.................
                                   Determining
                                   Compliance.
Sec.   63.6(g)(1)-(3)...........  Use of an Alternative   Yes.................
                                   Standard.
Sec.   63.6(h)..................  Compliance with         No..................  Subpart KKKK does not establish
                                   Opacity/Visible                               opacity standards and does not
                                   Emission Standards.                           require continuous opacity
                                                                                 monitoring systems (COMS).
Sec.   63.6(i)(1)-(14)..........  Extension of            Yes.................
                                   Compliance.
Sec.   63.6(i)(15)..............  [Reserved]............  No..................
Sec.   63.6(i)(16)..............  Compliance Extensions   Yes.................
                                   and Administrator's
                                   Authority.
Sec.   63.6(j)..................  Presidential            Yes.................
                                   Compliance Exemption.
Sec.   63.7(a)(1)...............  Performance Test        Yes.................  Applies to all affected sources.
                                   Requirements--Applica                         Additional requirements for
                                   bility.                                       performance testing are
                                                                                 specified in Sec.  Sec.
                                                                                 63.3543, 63.3544, 63.3545,
                                                                                 63.3554, and 63.3555.
Sec.   63.7(a)(2)...............  Performance Test        Yes.................  Applies only to performance
                                   Requirements--Dates.                          tests for capture system and
                                                                                 control device efficiency at
                                                                                 sources using these to comply
                                                                                 with the standards. Sections
                                                                                 63.3540 and 63.3550 specify the
                                                                                 schedule for performance test
                                                                                 requirements that are earlier
                                                                                 than those specified in Sec.
                                                                                 63.7(a)(2).
Sec.   63.7(a)(3)...............  Performance Tests       Yes.................
                                   Required by the
                                   Administrator.
Sec.   63.7(b)-(e)..............  Performance Test        Yes.................  Applies only to performance
                                   Requirements--Notific                         tests for capture system and
                                   ation, Quality                                add-on control device
                                   Assurance, Facilities                         efficiency at sources using
                                   Necessary for Safe                            these to comply with the
                                   Testing, Conditions                           standards.
                                   During Test.
Sec.   63.7(f)..................  Performance Test        Yes.................  Applies to all test methods
                                   Requirements--Use of                          except those used to determine
                                   Alternative Test                              capture system efficiency.
                                   Method.
Sec.   63.7(g)-(h)..............  Performance Test        Yes.................  Applies only to performance
                                   Requirements--Data                            tests for capture system and
                                   Analysis,                                     add-on control device
                                   Recordkeeping,                                efficiency at sources using
                                   Reporting, Waiver of                          these to comply with the
                                   Test.                                         standards.
Sec.   63.8(a)(1)-(3)...........  Monitoring              Yes.................  Applies only to monitoring of
                                   Requirements--Applica                         capture system and add-on
                                   bility.                                       control device efficiency at
                                                                                 sources using these to comply
                                                                                 with the standards. Additional
                                                                                 requirements for monitoring are
                                                                                 specified in Sec.  Sec.
                                                                                 63.3547 and 63.3557.
Sec.   63.8(a)(4)...............  Additional Monitoring   No..................  Subpart KKKK does not have
                                   Requirements.                                 monitoring requirements for
                                                                                 flares.
Sec.   63.8(b)..................  Conduct of Monitoring.  Yes.................
Sec.   63.8(c)(1)-(3)...........  Continuous Monitoring   Yes.................  Applies only to monitoring of
                                   System (CMS)                                  capture system and add-on
                                   Operation and                                 control device efficiency at
                                   Maintenance.                                  sources using these to comply
                                                                                 with the standards. Additional
                                                                                 requirements for CMS operations
                                                                                 and maintenance are specified
                                                                                 in Sec.  Sec.   63.3547 and
                                                                                 63.3557.

[[Page 64479]]

 
Sec.   63.8(c)(4)...............  CMS...................  No..................  Sections 63.3547 and 63.3557
                                                                                 specify 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 KKKK does not have
                                                                                 opacity or visible emission
                                                                                 standards.
Sec.   63.8(c)(6)...............  CMS Requirements......  No..................  Sections 63.3547 and 63.3557
                                                                                 specify the requirements for
                                                                                 monitoring systems for capture
                                                                                 systems and add-on control
                                                                                 devices at sources using these
                                                                                 to comply.
Sec.   63.8(c)(7)...............  CMS Out-of-Control      Yes.................
                                   Periods.
Sec.   63.8(c)(8)...............  CMS Out-of-Control      No..................  Section 63.3511 requires
                                   Periods Reporting.                            reporting of CMS out of control
                                                                                 periods.
Sec.   63.8(d)-(e)..............  Quality Control         No..................
                                   Program and CMS
                                   Performance
                                   Evaluation.
Sec.   63.8(f)(1)-(5)...........  Use of an Alternative   Yes.................
                                   Monitoring Method.
Sec.   63.8(f)(6)...............  Alternative to          No..................
                                   Relative Accuracy
                                   Test.
Sec.   63.8(g)(1)-(5)...........  Data Reduction........  No..................  Sections 63.3542, 63.3547,
                                                                                 63.3552 and 63.3557 specify
                                                                                 monitoring data reduction.
Sec.   63.9(a)..................  Notification            Yes.................
                                   Applicability.
Sec.   63.9(b)(1)-(2)...........  Initial Notifications.  Yes.................
Sec.   63.9(b)(3)...............  [Reserved]............  No..................
Sec.   63.9(b)(4)-(5)...........  Application for         Yes.................
                                   Approval of
                                   Construction or
                                   Reconstruction.
Sec.   63.9(c)..................  Request for Extension   Yes.................
                                   of Compliance.
Sec.   63.9(d)..................  Special Compliance      Yes.................
                                   Requirement
                                   Notification.
Sec.   63.9(e)..................  Notification of         Yes.................  Applies only to capture system
                                   Performance Test.                             and add-on control device
                                                                                 performance tests at sources
                                                                                 using these to comply with the
                                                                                 standards.
Sec.   63.9(f)..................  Notification of         No..................  Subpart KKKK does not have
                                   Visible Emissions/                            opacity or visible emission
                                   Opacity Test.                                 standards.
Sec.   63.9(g)(1)-(3)...........  Additional              No..................
                                   Notifications When
                                   Using CMS.
Sec.   63.9(h)(1)-(3)...........  Notification of         Yes.................  Section 63.3510 specifies the
                                   Compliance Status.                            dates for submitting the
                                                                                 notification of compliance
                                                                                 status.
Sec.   63.9(h)(4)...............  [Reserved]............  No..................
Sec.   63.9(h)(5)-(6)...........  Clarifications........  Yes.................
Sec.   63.9(i)..................  Adjustment of           Yes.................
                                   Submittal Deadlines.
Sec.   63.9(j)..................  Change in Previous      Yes.................
                                   Information.
Sec.   63.10(a).................  Recordkeeping/          Yes.................
                                   Reporting--Applicabil
                                   ity and General
                                   Information.
Sec.   63.10(b)(1)..............  General Recordkeeping   Yes.................  Additional requirements are
                                   Requirements.                                 specified in Sec.  Sec.
                                                                                 63.3512 and 63.3513.
Sec.   63.10(b)(2) (i)-(v)......  Recordkeeping Relevant  Yes.................  Requirements for Startup,
                                   to Startup, Shutdown,                         Shutdown, and Malfunction
                                   and Malfunction                               records only apply to add-on
                                   Periods and CMS.                              control devices used to comply
                                                                                 with the standards.
Sec.   63.10(b)(2) (vi)-(xi)....  ......................  Yes.................
Sec.   63.10(b)(2) (xii)........  Records...............  Yes.................
Sec.   63.10(b)(2) (xiii).......  ......................  No..................
Sec.   63.10(b)(2) (xiv)........  ......................  Yes.................
Sec.   63.10(b)(3)..............  Recordkeeping           Yes.................
                                   Requirements for
                                   Applicability
                                   Determinations.
Sec.   63.10(c)(1)..............  Additional              Yes.................
                                   Recordkeeping
                                   Requirements for
                                   Sources with CMS.
Sec.   63.10(c)(2)-(4)..........  [Reserved]............  No..................
Sec.   63.10(c)(5)-(6)..........  ......................  Yes.................
Sec.   63.10(c)(7)-(8)..........  ......................  No..................  The same records are required in
                                                                                 Sec.   63.3511(a)(7).
Sec.   63.10(c)(9)..............  [Reserved]............  No..................
Sec.   63.10(c)(10)-(15)........  ......................  Yes.................
Sec.   63.10(d)(1)..............  General Reporting       Yes.................  Additional requirements are
                                   Requirements.                                 specified in Sec.   63.3511.
Sec.   63.10(d)(2)..............  Report of Performance   Yes.................  Additional requirements are
                                   Test Results.                                 specified in Sec.   63.3511(b).
Sec.   63.10(d)(3)..............  Reporting Opacity or    No..................  Subpart KKKK does not require
                                   Visible Emissions                             opacity or visible emissions
                                   Observations.                                 observations.
Sec.   63.10(d)(4)..............  Progress Reports for    Yes.................
                                   Sources with
                                   Compliance Extensions.
Sec.   63.10(d)(5)..............  Startup, Shutdown,      Yes.................  Applies only to and add-on
                                   Malfunction Reports.                          control devices at sources
                                                                                 using these to comply with the
                                                                                 standards.
Sec.   63.10(e)(1)-(2)..........  Additional CMS Reports  No..................

[[Page 64480]]

 
Sec.   63.10(e)(3)..............  Excess Emissions/CMS    No..................  Section 63.3511(b) specifies the
                                   Performance Reports.                          contents of periodic compliance
                                                                                 reports.
Sec.   63.10(e)(4)..............  COMS Data Reports.....  No..................  Subpart KKKK does not specify
                                                                                 requirements for opacity or
                                                                                 COMS.
Sec.   63.10(f).................  Recordkeeping/          Yes.................
                                   Reporting Waiver.
Sec.   63.11....................  Control Device          No..................  Subpart KKKK does not specify
                                   Requirements/Flares.                          use of flares for compliance.
Sec.   63.12....................  State Authority and     Yes.................
                                   Delegations.
Sec.   63.13....................  Addresses.............  Yes.................
Sec.   63.14....................  Incorporation by        Yes.................
                                   Reference.
Sec.   63.15....................  Availability of         Yes.................
                                   Information/
                                   Confidentiality.
----------------------------------------------------------------------------------------------------------------


     Table 6 to Subpart KKKK of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
 [You may use the mass fraction values in the following table for solvent blends for which you do not have test
                                    data or manufacturer's formulation data]
----------------------------------------------------------------------------------------------------------------
                                                    Average
    Solvent/solvent blend          CAS. No.       organic HAP         Typical organic HAP, percent by mass
                                                 mass fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene...................  108-88-3                  1.0    Toluene.
2. Xylene(s).................  1330-20-7                 1.0    Xylenes, ethylbenzene.
3. Hexane....................  110-54-3                  0.5    n-hexane.
4. n-Hexane..................  110-54-3                  1.0    n-hexane.
5. Ethylbenzene..............  100-41-4                  1.0    Ethylbenzene.
6. Aliphatic 140.............  ................          0      None.
7. Aromatic 100..............  ................          0.02   1% Xylene, 1% cumene.
8. Aromatic 150..............  ................          0.09   Naphthalene.
9. Aromatic naphtha..........  64742-95-6                0.02   1% Xylene, 1% cumene.
10. Aromatic solvent.........  64742-94-5                0.1    Naphthalene.
11. Exempt mineral spirits...  8032-32-4                 0      None.
12. Ligroines (VM & P).......  8032-32-4                 0      None.
13. Lactol spirits...........  64742-89-6                0.15   Toluene.
14. Low aromatic white spirit  64742-82-1                0      None.
15. Mineral spirits..........  64742-88-7                0.01   Xylenes.
16. Hydrotreated naphtha.....  64742-48-9                0      None.
17. Hydrotreated light         64742-47-8                0.001  Toluene.
 distillate.
18. Stoddard solvent.........  8052-41-3                 0.01   Xylenes.
19. Super high-flash naphtha.  64742-95-6                0.05   Xylenes.
20. Varsol[reg] solvent......  8052-49-3                 0.01   0.5% Xylenes, 0.5% ethylbenzene.
21. VM & P naphtha...........  64742-89-8                0.06   3% Toluene, 3% xylene.
22. Petroleum distillate       68477-31-6                0.08   4% Naphthalene, 4% biphenyl.
 mixture.
----------------------------------------------------------------------------------------------------------------


      Table 7 to Subpart KKKK 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
                                                   organic HAP
                  Solvent type                        mass           Typical  organic HAP,  percent by mass
                                                    fraction
----------------------------------------------------------------------------------------------------------------
Aliphatic b.....................................          0.03  1% Xylene, 1% toluene, and 1% ehylbenzene.
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 6 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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