[Federal Register Volume 69, Number 1 (Friday, January 2, 2004)]
[Rules and Regulations]
[Pages 130-192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21917]



[[Page 129]]

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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 Miscellaneous Metal Parts and Products; Final Rule

  Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Rules 
and Regulations  

[[Page 130]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2003-0116-FRL-7549-7]
RIN 2060-AG56


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for 
hazardous air pollutants (NESHAP) for miscellaneous metal parts and 
products surface coating operations located at major sources of 
hazardous air pollutants (HAP). The final rule implements 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 the public health by reducing emissions of HAP from 
facilities in the miscellaneous metal parts and products surface 
coating source category. The organic HAP emitted by these operations 
include xylenes, toluene, methyl ethyl ketone (MEK), phenol, cresols/
cresylic acid, glycol ethers (including ethylene glycol monobutyl ether 
(EGBE)), styrene, methyl isobutyl ketone (MIBK), and ethyl benzene. 
Exposure to these substances has been demonstrated to cause adverse 
health effects such as irritation of the lung, skin, and mucous 
membranes, and effects on the central nervous system, liver, and heart. 
In general, these findings have only been shown with concentrations 
higher than those typically in the ambient air. The final standards are 
expected to reduce nationwide organic HAP emissions from major sources 
in this source category by approximately 48 percent.

EFFECTIVE DATES: The final rule is effective January 2, 2004. The 
incorporation by reference of certain publications listed in the final 
rule is approved by the Director of the Federal Register as of January 
2, 2004.

ADDRESSES: Docket. Docket ID No. OAR-2003-0116 (formerly Docket No. A-
97-34) is located at the EPA Docket Center, EPA West (6102T), 1301 
Constitution Avenue, NW., Room B-102, Washington, DC 20460.
    Background Information Document. A background information document 
(BID) for the promulgated NESHAP may be obtained from the docket; the 
U.S. EPA Library (C267-01), Research Triangle Park, NC 27711, telephone 
(919) 541-2777; or from the National Technical Information Service, 
5285 Port Royal Road, Springfield, VA 22161, telephone (703) 487-4650. 
Refer to ``National Emission Standards for Hazardous Air Pollutants 
(NESHAP): Surface Coating of Miscellaneous Metal Parts and Products--
Summary of Public Comments and Responses on Proposed Rule'' (EPA-453/R-
03-008).

FOR FURTHER INFORMATION CONTACT: Ms. Kim Teal, Coatings and Consumer 
Products Group, Emission Standards Division (C539-03), U.S. EPA, 
Research Triangle Park, NC 27711; telephone number (919) 541-5580; 
facsimile number (919) 541-5689; electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. The source category 
definition includes facilities that apply coatings to miscellaneous 
metal parts and products. In general, facilities that coat 
miscellaneous metal parts and products are covered under the North 
American Industrial Classification System (NAICS) codes listed in Table 
1. 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 final standards because some of the 
classifications cover products outside the scope of the NESHAP for 
miscellaneous metal parts and products.

                    Table 1.--Categories and Entities Potentially Regulated by the Final Rule
----------------------------------------------------------------------------------------------------------------
                                                                              Examples of potentially regulated
               Category                                NAICS                               entities
----------------------------------------------------------------------------------------------------------------
Automobile Parts......................  335312, 336111, 336211, 336312,      Engine parts, vehicle parts and
                                         33632, 33633, 33634, 33637, 336399.  accessories, brakes, axles, etc.
Extruded Aluminum.....................  331316, 331524, 332321, 332323.....  Extruded aluminum, architectural
                                                                              components, rod, and tubes.
Heavy Equipment.......................  33312, 333611, 333618..............  Tractors, earth moving machinery.
Job Shops.............................  332312, 332722, 332813, 332991,      Any of the products from the
                                         332999, 334119, 336413, 339999.      miscellaneous metal parts and
                                                                              products segments.
Large Trucks and Buses................  33612, 336211......................  Large trucks and buses.
Magnet Wire...........................  331319, 331422, 335929.............  Magnet wire.
Metal Buildings.......................  332311.............................  Prefabricated metal: buildings,
                                                                              carports, docks, dwellings,
                                                                              greenhouses, panels for buildings.
Metal Containers......................  33242, 81131, 322214, 326199,        Drums, kegs, pails, shipping
                                         331513, 332439.                      containers.
Metal Pipe and Foundry................  331111, 331513, 33121, 331221,       Plate, tube, rods, nails, spikes,
                                         331511.                              etc.
Rail Transportation...................  33651, 336611, 482111..............  Brakes, engines, freight cars,
                                                                              locomotives.
Recreational Vehicles.................  3369, 331316, 336991, 336211,        Motorcycles, motor homes,
                                         336112, 336213, 336214, 336399.      semitrailers, truck trailers.
Rubber-to-Metal Products..............  326291, 326299.....................  Engine mounts, rubberized tank
                                                                              tread, harmonic balancers.
Structural Steel......................  332311, 332312.....................  Joists, railway bridge sections,
                                                                              highway bridge sections.
Other Transportation Equipment........  336212, 336999, 33635, 56121, 8111,  Miscellaneous transportation
                                         56211.                               related equipment and parts.
----------------------------------------------------------------------------------------------------------------

    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.  
63.3881 of the final rule.
    Docket. The EPA has established an official public docket for this 
action under Docket ID No. OAR-2003-0116 (formerly docket A-97-34). 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

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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 EPA Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is (202) 566-1744, 
and the telephone number for the Air Docket is (202) 566-1742. 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 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 be available on the WWW. 
Following the Administrator's signature, a copy of the final rule will 
be posted at http://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 the filing of a petition 
for review in the U.S. Court of Appeals for the District of Columbia 
Circuit by March 2, 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 
established by the final rule may not be challenged separately in any 
civil or criminal proceedings brought by EPA to enforce these 
requirements.
    Outline: The following outline is provided to aid in reading the 
preamble to the final rule:

I. Background
    A. What is the source of authority for development of NESHAP?
    B. What criteria 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 organic HAP 
emissions from the surface coating of metal parts and products?
II. Summary of the Final Rule
    A. What source categories and subcategories are affected by the 
final rule?
    B. What is the relationship to other rules?
    C. What is the affected source?
    D. What are the emission limits, operating limits, and other 
standards?
    E. What are the testing and initial compliance requirements?
    F. What are the continuous compliance provisions?
    G. What are the notification, recordkeeping, and reporting 
requirements?
III. What are the significant differences from proposal?
    A. Applicability
    B. Scope of Category
    C. Emission Limits
    D. Method for Determining HAP Content
    E. Deviations From Operating Parameters
    F. New Alternatives to Facilitate Compliance with Multiple 
Coating NESHAP and Multiple Emission Limits
    G. Initial and Continuous Compliance Demonstrations for Magnet 
Wire Sources
IV. What are the responses to significant comments?
    A. Applicability and Scope of Source Category
    B. Need for Separate Source Category for Department of Defense 
Coatings
    C. Overlap with Activities Subject to Other Surface Coating 
NESHAP
    D. Complying with the Rule Representing the Majority of the 
Substrate (Plastic or Metal) on Pre-assembled Parts
    E. Complying with the Most Stringent NESHAP
    F. Assembled On-road Vehicle Coating
    G. The MACT Floor Approach and Database
    H. Compliance Options for Meeting the Emission Limits
    I. Methods for Expressing Organic HAP Content of Coatings
    J. High Performance Coatings
    K. Compliance Requirements for Sources with Add-on Controls
    L. Compliance Requirements for Magnet Wire Sources
V. 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?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Congressional Review Act

I. Background

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

    Section 112 of the CAA requires us to list categories and 
subcategories of major sources and area sources of HAP and to establish 
NESHAP for the listed source categories and subcategories. The 
Miscellaneous Metal Parts and Products (Surface Coating) category of 
major sources was listed on July 16, 1992 (57 FR 31576) under the 
Surface Coating Processes industry group. Major sources of HAP are 
those that emit or have the potential to emit considering controls 
equal to or greater than 9.1 megagrams per year (Mg/yr) (10 tons per 
year (tpy)) of any one HAP or 22.7 Mg/yr (25 tpy) of any combination of 
HAP.

B. What Criteria Are Used in the Development of NESHAP?

    Section 112(c)(2) of the CAA requires that we establish NESHAP for 
the control of HAP from both new and existing major sources, based upon 
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 MACT.
    The MACT floor is the minimum control level allowed for NESHAP and 
is defined under section 112(d)(3) of the CAA. In essence, the MACT 
floor ensures that the standard is set at a level that assures that all 
major sources achieve the level of control at least as stringent as 
that already achieved by the better-controlled and lower-emitting 
sources in each source category or subcategory. For new sources, the 
MACT floor cannot be less stringent than the emission control that is

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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 MACT floor, taking into account 
consideration of 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 final NESHAP regulate emissions of organic HAP. Available 
emission data collected during the development of the final NESHAP show 
that the primary organic HAP emitted from the surface coating of 
miscellaneous metal parts and products include xylenes, toluene, MEK, 
phenol, cresols/cresylic acid, glycol ethers (including EGBE), styrene, 
MIBK, and ethyl benzene. These compounds account for approximately 90 
percent of this category's nationwide organic HAP emissions.
    The majority of organic HAP emissions from a facility engaged in 
miscellaneous metal parts and products surface coating operations can 
be attributed to the application, drying, and curing of coatings. The 
remaining emissions are primarily from cleaning operations. In most 
cases, organic HAP emissions from mixing, storage, and waste handling 
are relatively small. The organic HAP emissions associated with 
coatings (the term ``coatings'' includes protective and decorative 
coatings as well as adhesives) occur at several points. Coatings are 
most often applied either by using a spray gun in a spray booth or by 
dipping the substrate in a tank containing the coating. In a spray 
booth, volatile components evaporate from the coating as it is applied 
to the part and from the overspray. The coated part then passes through 
an open (flash-off) area where additional volatiles evaporate from the 
coating. Finally, the coated part passes through a drying/curing oven, 
or is allowed to air dry, where the remaining volatiles are evaporated.
    Organic HAP emissions also occur from the activities undertaken 
during cleaning operations, including paint stripping, where solvent is 
used to remove coating residue or other unwanted materials. Cleaning in 
this industry includes cleaning of spray guns and transfer lines (e.g., 
tubing or piping), tanks, and the interior of spray booths. Cleaning 
also includes applying solvents to manufactured parts prior to coating 
application and to equipment (e.g., cleaning rollers, pumps, conveyors, 
etc.).
    Mixing and storage are other sources of emissions. Organic HAP 
emissions can occur from displacement of organic vapor-laden air in 
containers used to store HAP solvents or to mix coatings containing HAP 
solvents. The displacement of vapor-laden air can occur during the 
filling of containers and can be caused by changes in temperature or 
barometric pressure, or by agitation during mixing.

D. What Are the Health Effects Associated With Organic HAP Emissions 
From the Surface Coating of Metal Parts and Products?

    The HAP to be controlled with the final rule are associated with a 
variety of adverse health effects. These adverse health effects include 
chronic health disorders (e.g., irritation of the lung, eyes, and 
mucous membranes and effects on the central nervous system) and acute 
health disorders (e.g., lung irritation and congestion, alimentary 
effects such as nausea and vomiting, and effects on the central nervous 
system).
    We do not have the type of current detailed data on each of the 
facilities covered by these emission standards for this source 
category, and the people living around the facilities, that would be 
necessary to conduct an analysis to determine the actual population 
exposures to the organic HAP emitted from these facilities and 
potential for resultant health effects. Therefore, we do not know the 
extent to which the adverse health effects described above occur in the 
populations surrounding these facilities. However, to the extent the 
adverse effects do occur, the final rule will reduce emissions and 
subsequent exposures.

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 miscellaneous 
metal parts and products surface coating facility that is a major 
source, or is located at a major source, or is part of a major source 
of HAP emissions. We define a miscellaneous metal parts and products 
surface coating facility as any facility engaged in the surface coating 
of any miscellaneous metal part or product. If application of coating 
to a substrate occurs, then surface coating also includes associated 
activities, such as surface preparation, cleaning, mixing, and storage. 
However, these associated activities do not comprise surface coating if 
the application of coating does not occur. Coating application with 
handheld, non-refillable aerosol containers, touch-up markers, marking 
pens, or the application of paper film or plastic film which may be 
pre-coated with an adhesive by the manufacturer is not a coating 
operation for the purposes of the final rule.
    You will not be subject to the final rule if your miscellaneous 
metal parts and products surface coating facility is located at an area 
source. An area source of HAP is any facility that has the potential to 
emit HAP but is not a major source. You may establish area source 
status by limiting the source's potential to emit HAP through 
appropriate mechanisms available through your permitting authority.
    The final rule does not apply to surface coating or a coating 
operation that meets any of the criteria listed below:
    [sbull] A coating operation conducted at a source where the source 
uses only coatings, thinners and/or other additives, and cleaning 
materials that contain no organic HAP, as determined according to the 
procedures in the final rule.
    [sbull] Surface coating that occurs at research or laboratory 
facilities, or is part of janitorial, building, and facility 
maintenance operations, or that occurs at hobby shops operated for 
noncommercial purposes.
    [sbull] Coatings used in volumes of less than 189 liters (50 
gallons (gal)) per year, provided that the total volume of coatings 
exempt does not exceed 946 liters (250 gal) per year at the facility.
    [sbull] Surface coating of metal parts and products performed on-
site at installations owned or operated by the Armed Forces of the 
United States (including the Coast Guard and the National Guard of any 
such State) or the National Aeronautics and Space Administration 
(NASA), or the surface coating of military munitions manufactured by or 
for the Armed Forces of the United States (including the Coast Guard 
and the National Guard of any such State).
    [sbull] Surface coating where plastic is extruded onto metal wire 
or cable or metal parts or products to form a coating.

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    [sbull] Surface coating of metal components of wood furniture that 
meet the applicability criteria for wood furniture manufacturing (40 
CFR part 63, subpart JJ).
    [sbull] Surface coating of metal components of large appliances 
that meet the applicability criteria for large appliance surface 
coating (40 CFR part 63, subpart NNNN).
    [sbull] Surface coating of metal components of metal furniture that 
meet the applicability criteria for metal furniture surface coating (40 
CFR part 63, subpart RRRR; 68 FR 28606, May 23, 2003).
    [sbull] Surface coating of metal components of wood building 
products that meet the applicability criteria for wood building 
products surface coating (40 CFR part 63, subpart QQQQ; 68 FR 31746, 
May 28, 2003).
    [sbull] Surface coating of metal components of aerospace vehicles 
that meet the applicability criteria for aerospace manufacturing and 
rework (40 CFR part 63, subpart GG).
    [sbull] The application of specialty coatings defined in appendix A 
to 40 CFR part 63, subpart GG to a metal aerospace vehicle or 
component.
    [sbull] Surface coating of metal components of ships that meet the 
applicability criteria for shipbuilding and ship repair (40 CFR part 
63, subpart II).
    [sbull] Surface coating of metal using a web coating process that 
meets the applicability criteria for paper and other web coating (40 
CFR part 63, subpart JJJJ).
    [sbull] Surface coating of metal using a coil coating process that 
meets the applicability criteria for metal coil coating (40 CFR part 
63, subpart SSSS).
    [sbull] Surface coating of boats or metal parts of boats 
(including, but not limited to, the use of assembly adhesives) where 
the facility meets the applicability criteria for boat manufacturing 
facilities in the NESHAP for boat manufacturing (40 CFR part 63, 
subpart VVVV), except where the surface coating of the boat is a metal 
coating operation performed on personal watercraft or parts of personal 
watercraft.
    [sbull] Surface coating of assembled on-road vehicles that meet the 
applicability criteria for the assembled on-road vehicle subcategory in 
the NESHAP for the surface coating of plastic parts and products (40 
CFR part 63, subpart PPPP).
    [sbull] Surface coating of metal components of automobiles and 
light-duty trucks that meet the applicability criteria for automobiles 
and light-duty trucks surface coating (40 CFR part 63, subpart IIII 
(scheduled for promulgation in February 2004).
    If you perform surface coating of metal parts or products that meet 
the applicability criteria for both the Automobiles and Light-Duty 
Trucks NESHAP (40 CFR part 63, subpart IIII (scheduled for promulgation 
in February 2004) and these NESHAP, then you may comply with the 
requirements of the automobiles and light-duty trucks NESHAP for the 
surface coating of all your metal parts used in automobile or light-
duty truck manufacturing in lieu of complying with each subpart 
separately.
    The final rule contains five subcategories: General use coating, 
high performance coating, magnet wire coating, rubber-to-metal coating, 
and extreme performance fluoropolymer coating. The general use 
subcategory includes all surface coating operations in the 
miscellaneous metal parts and products source category that are not 
included in the other four subcategories. This includes operations that 
coat a wide variety of substrates, surfaces, and types of miscellaneous 
metal parts and products. It also includes asphalt/coal tar application 
to metal pipes. High performance coating is any coating that meets the 
definition of ``high performance architectural coating'' or ``high 
temperature coating.'' Magnet wire coatings, commonly referred to as 
magnet wire enamels, are applied to a continuous strand of wire which 
will be used to make turns (windings) in electrical devices such as 
coils, transformers, or motors. Magnet wire coatings provide high 
dielectric strength and turn-to-turn conductor insulation. This allows 
the turns of an electrical device to be placed in close proximity to 
one another which leads to increased coil effectiveness and electrical 
efficiency. Rubber-to-metal coating is any coating that contains heat-
activated polymer systems in either solvent or water that, when applied 
to metal substrates, dries to a non-tacky surface and reacts chemically 
with the rubber and metal during a vulcanization process. Extreme 
performance fluoropolymer coating is a coating based on fluoropolymer 
resins that typically meets one or more performance criteria that 
include a nonstick low-energy surface, dry film lubrication, high 
resistance to chemical attack, extremely wide operating temperature, 
high electrical insulating properties, or that complies with government 
or third party specifications for health, safety, reliability, or 
performance. Each subcategory consists of all coating operations, 
including associated surface preparation, equipment cleaning, mixing, 
storage, and waste handling.

B. What Is the Relationship to Other Rules?

    Affected sources that meet the applicability criteria in the final 
miscellaneous metal parts and products rule may also meet the 
applicability criteria of other coating NESHAP. For example, some 
facilities that coat plastic and metal parts using the same or 
different coatings, coating application processes, and conveyance 
equipment, either simultaneously or at alternative times could be 
subject to both the Miscellaneous Metal Parts and Products Surface 
Coating NESHAP and the Plastic Parts and Products Surface Coating 
NESHAP (40 CFR part 63, subpart PPPP).
    In the final rule, we have minimized the burden of complying with 
multiple surface coating emission limits by offering two alternatives 
to complying separately with each applicable emission limit. The first 
alternative allows a facility to have all applicable surface coating 
operations comply with the emission limit that represents the 
predominant type of coating activity at that facility. Predominant 
activity means the coating activity that represents 90 percent or more 
of the surface coating activities at a facility. For example, if a 
facility is subject to both the Plastic Parts and Miscellaneous Metal 
Parts NESHAP and the activities subject to the Miscellaneous Metal 
Parts NESHAP account for 90 percent or more of the surface coating 
activity at the facility, then the facility may comply with the 
emission limitations for miscellaneous metal parts and products for 
both types of surface coating operations.
    The predominant activity alternative may be applied if 90 percent 
or more of the surface coating is in the general use or magnet wire 
coating subcategory; however, this alternative is not available where 
high performance, rubber-to-metal, or extreme performance fluoropolymer 
coating represents the predominant activity. The emission limits for 
those three subcategories reflect specialized performance requirements 
and the need for higher HAP-containing materials. It would not be 
appropriate to apply emission limits specifically developed for unique 
performance characteristics to other types of coatings.
    You must include all surface coating activities that meet the 
applicability criteria of a subcategory in a surface coating NESHAP and 
constitute more than 1 percent of total coating activities. Coating 
activities that meet the applicability criteria of a subcategory in a 
surface coating NESHAP but comprise

[[Page 134]]

less than 1 percent of total coating activities need not be included in 
the determination of predominant activity but they must be included in 
the compliance calculations.
    The second alternative allows a facility to calculate and comply 
with a facility-specific emission limit for each 12-month rolling 
average compliance period. The facility would use the relative amount 
of coating activity subject to each emission limit in each NESHAP to 
calculate a weighted, or composite, emission limit for that facility. 
Compliance with that facility-specific emission limit for all surface 
coating activities included in the facility-specific emission limit 
constitutes compliance with the emission limits in the Miscellaneous 
Metal Parts NESHAP, as well as other applicable NESHAP. As with the 
predominant activity alternative, you must include all surface coating 
activities that meet the applicability criteria of a subcategory in a 
surface coating NESHAP and constitute more than 1 percent of total 
coating activities. Coating activities that meet the applicability 
criteria of a subcategory in a surface coating NESHAP but comprise less 
than 1 percent of total coating activities need not be included in the 
facility-specific emission limit calculation but they must be included 
in the compliance calculations.

C. What Is the Affected Source?

    We define an affected source as a stationary source, a group of 
stationary sources, or part of a stationary source to which a specific 
emission standard applies. The final rule defines the affected source 
as the collection of all operations associated with the surface coating 
of miscellaneous metal parts and products within each of the five 
subcategories (general use, high performance, magnet wire, rubber-to-
metal, and extreme performance fluoropolymer). If application to a 
substrate occurs, these operations include preparation of a coating for 
application (e.g., mixing with thinners); surface preparation of the 
miscellaneous metal parts and products (including paint stripping and 
the use of a cleaning material to remove dried coating); coating 
application and flash-off; drying and/or curing of applied coatings; 
cleaning of equipment used in surface coating; storage of coatings, 
thinners and/or other additives, and cleaning materials; and handling 
and conveyance of waste materials from the surface coating operations. 
The coating operation does not include the application of coatings 
using hand-held nonrefillable aerosol containers, touch-up markers, 
marking pens, or the application of paper film or plastic film that may 
be pre-coated with an adhesive by the manufacturer.

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

    Emission Limits. We are limiting organic HAP emissions from each 
existing affected source using the emission limits in Table 2 of this 
preamble. For each new or reconstructed affected source, the final 
emission limits are given in Table 3 of this preamble. For each of the 
subcategories, the emission limit is expressed as the mass of organic 
HAP emissions per volume of coating solids used during each 12-month 
compliance period.

         Table 2.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
                                 Emission limit      Emission limit (lbs
        Coating type          (kilograms HAP/liter   HAP/gal of coating
                               of coating solids)          solids)
------------------------------------------------------------------------
General use subcategory.....                  0.31                  2.6
High performance subcategory                  3.3                  27.5
Magnet wire subcategory.....                  0.12                  1.0
Rubber-to-metal subcategory.                  4.5                  37.7
Extreme performance                           1.5                  12.4
 fluoropolymer subcategory..
------------------------------------------------------------------------


                      Table 3.--Emission Limits for New and Reconstructed Affected Sources
----------------------------------------------------------------------------------------------------------------
                                                                        Emission limit       Emission limit (lbs
                           Coating type                              (kilograms HAP/liter    HAP/gal of coating
                                                                      of coating solids)           solids)
----------------------------------------------------------------------------------------------------------------
General use subcategory...........................................                  0.23                    1.9
High performance subcategory......................................                  3.3                    27.5
Magnet wire subcategory...........................................                  0.050                   0.44
Rubber-to-metal subcategory.......................................                  0.81                    6.8
Extreme performance fluoropolymer subcategory.....................                  1.5                    12.4
----------------------------------------------------------------------------------------------------------------

    You may choose from several compliance options in the final rule to 
achieve the emission limits. You could comply by applying materials 
(coatings, thinners and/or other additives, and cleaning materials) 
that meet the emission limits, either individually or collectively, 
during each compliance period. You could also use a capture system and 
add-on control device to meet the emission limits. You could also 
comply by using a combination of both approaches.
    Operating Limits. If you reduce emissions by using a capture system 
and add-on control device (other than a solvent recovery system for 
which you conduct a liquid-liquid material balance), the operating 
limits apply to you. These limits are site-specific parameter limits 
that you determine during the initial performance test of the system. 
For capture systems that are not permanent total enclosures, you 
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 permanent total enclosures, you establish 
limits on average facial velocity or pressure drop across openings in 
the enclosure.
    For thermal oxidizers, you monitor the combustion temperature. For 
catalytic oxidizers, you monitor the temperature immediately before and 
after the catalyst bed, or you monitor the temperature before or after 
the catalyst bed and implement a site-specific inspection and 
maintenance plan for the catalytic oxidizer. For regenerative

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carbon adsorbers for which you do not conduct a liquid-liquid material 
balance, you monitor the carbon bed temperature and the amount of steam 
or nitrogen used to desorb the bed. For condensers, you monitor the 
outlet gas temperature from the condenser. For concentrators, you 
monitor the temperature of the desorption gas stream and the pressure 
drop across the concentrator.
    The site-specific parameter limits that you establish must reflect 
operation of the capture system and control devices during a 
performance test that demonstrates achievement of the emission limits 
during representative operating conditions.
    Work Practice Standards. If you use an emission capture system and 
control device for compliance, you must develop and implement a work 
practice plan to minimize organic HAP emissions from mixing operations; 
storage tanks and other containers; and handling operations for 
coatings, thinners and/or other additives, cleaning materials, and 
waste materials. If your affected source has an existing documented 
plan that incorporates steps taken to minimize emissions from the 
aforementioned sources, you may be able to use your existing plan to 
satisfy the requirement for a work practice plan.
    If you use a capture system and 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 of the capture system and control device.
    The NESHAP General Provisions (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, reporting and recordkeeping, performance 
testing, and monitoring. The final rule refers to individual sections 
of the General Provisions to emphasize key sections that are relevant. 
However, unless specifically overridden in the final rule, all of the 
applicable General Provisions requirements apply to you.

E. What Are the Testing and Initial Compliance Requirements?

    Existing affected sources must be in compliance with the final rule 
no later than January 2, 2007. New and reconstructed sources must be in 
compliance upon initial startup of the affected source or by January 2, 
2004, 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, they will 
not have accumulated the records for the rolling 12-month organic HAP 
emission rate until the end of the initial compliance period. At the 
end of the initial compliance period, the owner or operator 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 three options for complying with the 
final emission limits, and the testing and initial compliance 
requirements vary accordingly. You may choose to use one compliance 
option for the entire affected source, or you may use different 
compliance options for different coating operations within the affected 
source. You may also use different compliance options for the same 
coating operation at different times, different compliance options when 
different coatings are applied to the same part, or when the same 
coating is applied to different parts. However, you may not use 
different compliance options at the same time on the same coating 
operation.
    Option 1: Compliant materials. This option is a pollution 
prevention option that allows you to easily demonstrate compliance by 
using low-HAP or non-HAP coatings and other materials. If you use 
coatings that, based on their organic HAP content, individually meet 
the kilogram (kg) (lb) organic HAP emitted per liter (gal) coating 
solids used levels in the applicable emission limits and you use non-
HAP thinners and other additives and cleaning materials, this 
compliance option is available to you. For this option, we have 
minimized recordkeeping and reporting requirements. You may demonstrate 
compliance by using manufacturer's formulation data and readily 
available purchase records to determine the organic HAP content of each 
coating or other material and the amount of each material used. You do 
not need to perform any detailed emission rate calculations.
    If you demonstrate compliance based on the coatings and other 
materials used, you demonstrate that the organic HAP content of each 
coating meets the emission limits for the appropriate subcategory as 
shown in Tables 2 and 3 of this preamble, and that you used no organic 
HAP-containing thinners and/or other additives, or cleaning materials. 
For example, if you are using the compliant materials option and your 
existing source has magnet wire, rubber-to-metal, extreme performance 
fluoropolymer, and general use coating operations, you demonstrate 
that: (1) Each coating used in the magnet wire coating operation has an 
organic HAP content no greater than 0.12 kg organic HAP/liter coating 
solids (1.0 lb organic HAP/gal coating solids) used; (2) each coating 
used in the rubber-to-metal coating operation has an organic HAP 
content no greater than 4.5 kg organic HAP/liter coating solids (37.7 
lbs organic HAP/gal coating solids) used; (3) each coating used in the 
extreme performance fluoropolymer coating operation has an organic HAP 
content no greater than 1.5 kg organic HAP/liter coating solids (12.4 
lbs HAP/gal coating solids) used; (4) each general use coating has an 
organic HAP content no greater than 0.31 kg organic HAP/liter coating 
solids (2.6 lbs HAP/gal coating solids) used; and (5) that you used no 
organic HAP-containing thinners and/or other additives, or cleaning 
materials. Note that ``no organic HAP'' is not intended to mean 
absolute zero. Materials that contain ``no organic HAP'' means 
materials that contain organic HAP levels below the levels specified in 
Sec.  63.3941(a) of the final rule, which are typical Occupational

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Safety and Health Administration (OSHA) reporting levels for material 
safety data sheets. These typical reporting levels only count organic 
HAP that are present at 0.1 percent or more by mass for OSHA-defined 
carcinogens and at 1.0 percent or more by mass for other compounds.
    To determine the mass of organic HAP in coatings, thinners and/or 
other additives, and cleaning materials and the volume fraction of 
coating solids, you may rely on manufacturer's formulation data. You 
are not required to perform tests or analysis of the material if 
formulation data are available. Alternatively, you could use results 
from the test methods listed below. You may also use alternative test 
methods provided you get EPA approval in accordance with the NESHAP 
General Provisions, 40 CFR 63.7(f). However, if there is any 
inconsistency between the test method results (either EPA's or an 
approved alternative) and manufacturer's data, the test method results 
prevail for compliance and enforcement purposes, unless, after 
consultation you demonstrate to the satisfaction of the enforcement 
agency that the formulation data are correct.
    The following test methods are used to determine HAP content. For 
organic HAP content, use Method 311 of 40 CFR part 63, appendix A. You 
may also use nonaqueous volatile matter as a surrogate for organic HAP, 
which includes all organic HAP plus all other organic compounds, 
excluding water. If you choose this option, use Method 24 of 40 CFR 
part 60, appendix A. If you are determining HAP content for reactive 
adhesives (that is, adhesives in which some of the HAP react to form 
solids and are not emitted to the atmosphere), you may use the 
alternative to Method 24 that is included in 40 CFR part 63, subpart 
PPPP, appendix A. For determining volume fraction of coating solids, 
use ASTM Method D2697-86 (Reapproved 1998), ``Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' or ASTM 
Method D6093-97 (Reapproved 2003), ``Standard Test Method for Percent 
Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium 
Gas Pycnometer,'' an approved alternative method, or calculations based 
on the volume of the volatile fraction.
    Option 2: Compliance based on the emission rate without add-on 
controls. This option is a pollution prevention option that allows you 
to demonstrate compliance based on the organic HAP contained in the mix 
of coatings, thinners and/or other additives, and cleaning materials 
you use. This option offers the flexibility to use some individual 
coatings that do not, by themselves, meet the kg (lb) organic HAP 
emitted per liter (gal) coating solids used levels in the applicable 
emission limits if you use other low-HAP or non-HAP coatings such that 
overall emissions from the affected source over a 12-month period meet 
the emission limits. You must use this option if you use HAP-containing 
thinners and/or other additives, and cleaning materials and do not have 
add-on controls. You keep track of the mass of organic HAP in each 
coating, thinner or other additive, and cleaning material, and the 
amount of each material you use in your affected source each month of 
the compliance period. You use this information to determine the total 
mass of organic HAP in all coatings, thinners and/or other additives, 
and cleaning materials divided by the total volume of coating solids 
used during the compliance period. You demonstrate that your emission 
rate (in kg (lb) organic HAP emitted per liter (gal) coating solids 
used) meets the applicable emission limit. You may use readily 
available purchase records and manufacturer's formulation data to 
determine the amount of each coating or other material you used and the 
organic HAP in each material. The final rule contains equations that 
show you how to perform the calculations to demonstrate compliance.
    If you demonstrate compliance using Option 2, you are required to:
    [sbull] Determine the quantity of each coating, thinner and/or 
other additive, and cleaning material used.
    [sbull] Determine the mass of organic HAP in each coating, thinner 
and other additive, and cleaning material using the same types of data 
and methods previously described for Option 1, including the 
alternative methods for reactive coatings. You may rely on 
manufacturer's formulation data or you may choose to use test results 
as described under Option 1.
    [sbull] Determine the volume fraction of coating solids for each 
coating using the same types of data or methods described under Option 
1. In this option, you may include the solids from powder coatings in 
the compliance calculations. To determine the volume of solids in 
powder coatings from their weight, use ASTM Method D5965-02, ``Standard 
Test Method for Specific Gravity of Coating Powders.''
    [sbull] Calculate the total mass of organic HAP in all materials 
and total volume of coating solids used each month. You may subtract 
from the total mass of organic HAP the amount contained in waste 
materials you send to a hazardous waste treatment, storage, and 
disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
    [sbull] Calculate the total mass of organic HAP emissions and total 
volume of coating solids used for the initial compliance period by 
adding together all the monthly values for mass of organic HAP and for 
volume of coating solids used for the 12 months of the initial 
compliance period.
    [sbull] Calculate the ratio of the total mass of organic HAP 
emitted for the materials used to the total volume of coating solids 
used (kg (lb) organic HAP emitted per liter (gal) of coating solids 
used) for the initial compliance period.
    [sbull] Record the calculations and results and include them in 
your Notification of Compliance Status.
    Note that if you choose to use this option for a particular coating 
operation rather than for all coating operations at the source, you 
calculate the organic HAP emission rate using just the materials used 
in that operation. Similarly, if your facility has multiple coating 
operations using this option (e.g., a high performance coating 
operation, a magnet wire coating operation, a rubber-to-metal coating 
operation, and a general use coating operation), you do a separate 
calculation for each coating operation to show that each coating 
operation meets its emission limit. If you are complying with a 
facility-specific emission limit, you include all coating operations 
that are subject to the facility-specific emission limit in the 
compliance calculations.
    Option 3: Compliance based on using a capture system and add-on 
control device. This option allows sources to use a capture system and 
an add-on pollution control device, such as a combustion device or a 
recovery device, to meet the emission limits. While we believe that, 
based on typical emission characteristics, most sources will not use 
control devices, we are providing this option for sources that use 
control devices. Fewer than 10 percent of the existing sources for 
which we have data use control devices. Under this option, testing is 
required to demonstrate the capture system and control device 
efficiencies. Alternatively, you may conduct a liquid-liquid material 
balance to demonstrate the amount of organic HAP collected by your 
recovery device. The final rule provides equations showing you how to 
use records of materials usage, organic HAP contents of each material, 
capture and control efficiencies, and coating solids content to 
calculate your emission rate during the compliance period.

[[Page 137]]

    If you demonstrate compliance based on this option, you demonstrate 
that your emission rate considering controls (in kg (lb) organic HAP 
emitted per liter (gal) of coating solids used) is less than the 
applicable emission limit. For a capture system and add-on control 
device, other than a solvent recovery system for which you conduct a 
liquid-liquid material balance, your testing and initial compliance 
requirements 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. The performance 
test must be completed no later than the compliance date for existing 
sources and 180 days after the compliance date for new and 
reconstructed sources.
    [sbull] Determine the mass of organic HAP in each coating and other 
material, and the volume fraction of coating solids for each coating 
used during each month of the initial compliance period.
    [sbull] Calculate the total mass of organic HAP in all coatings and 
other materials, and total volume of coating solids used each month in 
the controlled operation or group of coating operations. You may 
subtract from the total mass of organic HAP the amount contained in 
waste materials you send to a hazardous waste treatment, storage, and 
disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
    [sbull] Calculate the organic HAP emissions from the controlled 
coating operations each month using the capture and control 
efficiencies determined during the performance test, and the total mass 
of organic HAP in materials used in controlled coating operations that 
month.
    [sbull] Calculate the total mass of organic HAP emissions and total 
volume of coating solids used for the initial compliance period by 
adding together all the monthly values for mass of organic HAP 
emissions and for volume of coating solids for the 12 months in the 
initial compliance period.
    [sbull] Calculate the ratio of the total mass of organic HAP 
emissions to the total volume of coating solids used during the initial 
compliance period.
    [sbull] Record the calculations and results and include them in 
your Notification of Compliance Status.
    [sbull] Develop and implement a work practice plan to minimize 
emissions from storage, mixing, and handling of organic HAP-containing 
materials.
    Note that if you choose to use this option for a particular coating 
operation rather than for the entire affected source, you calculate the 
organic HAP emission rate using just the materials used in that 
operation. Similarly, if your facility has multiple coating operations 
using this option (e.g., a high performance coating operation, a 
rubber-to-metal coating operation, an extreme performance fluoropolymer 
coating operation, and a general use coating operation), you do a 
separate calculation for each coating operation to show that each 
coating operation meets its emission limit. If you are complying with a 
facility-specific emission limit, you would include all coating 
operations that are subject to the facility-specific emission limit in 
the compliance calculations.
    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 use specified test methods to determine both the 
efficiency of the capture system and the emission reduction efficiency 
of the control device. To determine the capture efficiency, you would 
either verify the presence of a permanent total enclosure using EPA 
Method 204 of 40 CFR part 51, appendix M (and all materials must be 
applied and dried within the enclosure); or use one of three protocols 
in Sec.  63.3965 of the final rule to measure capture efficiency. If 
you have a permanent total enclosure and all materials are applied and 
dried within the enclosure and you route all exhaust gases from the 
enclosure to a control device, you assume 100 percent capture. Magnet 
wire coating operations may, with approval, conduct representative 
capture efficiency testing of one magnet wire coating machine out of a 
group of identical or very similar magnet wire coating machines rather 
than testing every individual magnet wire coating machine.
    To determine the emission reduction efficiency of the control 
device, you conduct measurements of the inlet and outlet gas streams. 
The test consists of three runs, each run lasting 1 hour, using the 
following EPA Methods in 40 CFR part 60, appendix A:
    [sbull] Method 1 or 1A for selection of the sampling sites.
    [sbull] Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate.
    [sbull] Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight.
    [sbull] Method 4 to determine stack moisture.
    [sbull] Method 25 or 25A to determine organic volatile matter 
concentration. Alternatively, any other test method or data that have 
been validated according to the applicable procedures in Method 301 of 
40 CFR part 63, appendix A, and approved by the Administrator, could be 
used.
    An alternative procedure is provided in appendix A of the final 
rule for determining the destruction efficiency of oxidizers used to 
control emissions from magnet wire coating machines. This procedure 
uses material consumption and material organic volatile content, 
adjusted to account for any uncaptured emissions, to determine the 
organic volatile content of the inlet stream to the control device. 
Magnet wire coating operations may, with approval, conduct 
representative control device efficiency testing of one magnet wire 
coating machine out of a group of identical or very similar magnet wire 
coating machines rather than testing every individual magnet wire 
coating machine.
    If you use a solvent recovery system, you could choose to determine 
the overall control efficiency using a liquid-liquid material balance 
instead of conducting an initial performance test. If you use the 
material balance alternative, you are required to measure the amount of 
all materials used in the controlled coating operations served by the 
solvent recovery system during each month of the initial compliance 
period, and to determine the total volatile matter contained in these 
materials. You also measure the amount of volatile matter recovered by 
the solvent recovery system during each month of the initial compliance 
period. Then you compare the amount recovered to the amount used to 
determine the overall control efficiency each month and apply this 
efficiency to the total mass of organic HAP in the materials used to 
determine total organic HAP emissions for the month. You total these 12 
monthly organic HAP emission values and divide by the total of the 12 
monthly values for coating solids used to calculate the emission rate 
for the 12-month initial compliance period. You record the calculations 
and results and include them in your Notification of Compliance Status.
    Operating Limits. As mentioned above, you establish operating 
limits as part of the initial performance test of a capture system and 
control device, other than a solvent recovery system for which you 
conduct liquid-liquid material balances. The operating limits are the 
minimum or maximum (as applicable) values achieved for capture systems 
and control devices during the most recent performance test, conducted 
under representative conditions, that demonstrated compliance with the 
emission limits.
    The final rule specifies the parameters to monitor for the types of 
emission control systems commonly used in the industry. You are 
required to install,

[[Page 138]]

calibrate, maintain, and continuously operate all monitoring equipment 
according to manufacturer's specifications and ensure that the 
continuous parameter monitoring systems (CPMS) meet the requirements in 
Sec.  63.3968 of the final rule. If you use control devices other than 
those identified in the final rule, you submit the operating parameters 
to be monitored to the Administrator for approval. The authority to 
approve the parameters to be monitored is retained by EPA and is not 
delegated to States.
    If you use a thermal or catalytic oxidizer, you continuously 
monitor the appropriate temperature and record it at least every 15 
minutes. For thermal oxidizers, the temperature monitor is placed in 
the firebox or in the duct immediately downstream of the firebox before 
any substantial heat exchange occurs. The operating limit is the 
average temperature measured during the performance test and for each 
consecutive 3-hour period; the average temperature has to be at or 
above this limit. For catalytic oxidizers, temperature monitors are 
placed immediately before and after the catalyst bed. The operating 
limits are the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed during the 
performance test. For each 3-hour period, the average temperature and 
the average temperature difference must be at or above these limits. 
Alternatively, if you develop and implement an inspection and 
maintenance plan for the catalytic oxidizer, then you are allowed to 
monitor only the temperature before the catalyst bed and meet only the 
temperature operating limit before the catalyst bed and are not 
required to monitor the difference across the bed.
    An alternative procedure for monitoring catalytic oxidizers on 
magnet wire coating machines is provided in appendix A of the final 
rule. This alternative allows you to develop and implement an 
inspection and maintenance plan as described in appendix A of the final 
rule and to measure the temperature either before or after the catalyst 
bed and compare the measured temperature to the operating limit.
    If you use a regenerative carbon adsorber and do not conduct 
liquid-liquid material balances to demonstrate compliance, you monitor 
the carbon bed temperature after each regeneration and the total amount 
of steam or nitrogen used to desorb the bed for each regeneration. The 
operating limits are the carbon bed temperature at the time the carbon 
bed is returned to service (not to be exceeded) and the amount of steam 
or nitrogen used for desorption (to be met as a minimum).
    If you use a condenser and do not conduct liquid-liquid material 
balances to demonstrate compliance, you monitor the outlet gas 
temperature to ensure that the air stream is being cooled to a low 
enough temperature. The operating limit is the average condenser outlet 
gas temperature measured during the performance test and for each 
consecutive 3-hour period, the average temperature must be at or below 
this limit.
    If you use a concentrator, you monitor the temperature of the 
desorption concentrate stream and the pressure drop across the 
concentrator. These values must be recorded at least once every 15 
minutes. The operating limits must be the 3-hour average temperature 
(to be met as a minimum) and the 3-hour average pressure drop (to be 
met as a minimum) measured during the performance test.
    For each capture system that is not a permanent total enclosure, 
you establish operating limits for gas volumetric flow rate or duct 
static pressure for each enclosure or capture device. The operating 
limit is the average volumetric flow rate or duct static pressure 
during the performance test, to be met as a minimum. For each capture 
system that is a permanent total enclosure, the operating limit 
requires the average facial velocity of air through all natural draft 
openings to be at least 200 feet per minute or the pressure drop across 
the enclosure to be at least 0.007 inches water.
    An alternative procedure for monitoring capture systems on magnet 
wire coating machines is provided in appendix A of this rule. This 
alternative requires you to install an alarm or interlock which will be 
triggered either when any oven exhaust fan is not operating or the oven 
is overheating. This alternative also requires you to confirm every 6 
months that the oven is operating at negative pressure.
    Work Practices. 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. This 
plan must include a description of all steps taken to minimize 
emissions from these sources (e.g., using closed storage containers, 
practices to minimize emissions during filling and transfer of contents 
from containers, using spill minimization techniques, placing solvent-
laden cloths in closed containers immediately after use, etc.). You 
must make the plan available for inspection if the Administrator 
requests to see it.
    If you use a capture system and control device for compliance, you 
are required to develop and operate according to a SSMP during periods 
of startup, shutdown, or malfunction of the capture system and control 
device.

F. What Are the Continuous Compliance Provisions?

    Emission Limits. If you use the compliant materials option (Option 
1), you demonstrate continuous compliance if each coating meets the 
applicable emission limit and you use no organic HAP-containing 
thinners and/or other additives, or cleaning materials. If you use the 
emission rate without add-on controls option (Option 2), you 
demonstrate continuous compliance if, for each 12-month compliance 
period, the ratio of kg (lb) organic HAP emitted to liter (gal) coating 
solids used is less than or equal to the applicable emission limit. You 
follow the same procedures for calculating the organic HAP emitted to 
coating solids used ratio that you used for the initial compliance 
period.
    For each coating operation on which you use a capture system and 
control device (Option 3), other than a solvent recovery system for 
which you conduct a liquid-liquid material balance, you use the 
continuous parameter monitoring results for the month as part of the 
determination of the mass of organic HAP emissions. If the monitoring 
results indicate no deviations from the operating limits and there were 
no bypasses of the control device, you assume the capture system and 
control device are achieving the same percent emission reduction 
efficiency as they did during the most recent performance test in which 
compliance was demonstrated. You then apply this percent reduction to 
the total mass of organic HAP in materials used in the controlled 
coating operations to determine the emissions from those operations 
during the month. If there were any deviations from the operating 
limits during the month or any bypasses of the control device, you 
account for them in the calculation of the monthly emissions by 
assuming the capture system and control device were achieving zero 
emission reduction during the periods of deviation, 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 your permitting authority. Determine the organic HAP emission rate 
by

[[Page 139]]

dividing the total mass of organic HAP emissions for the 12-month 
compliance period by the total volume of coating solids used during the 
12-month compliance period. Every month, you calculate the emission 
rate for the previous 12-month period.
    For each coating operation on which you use a solvent recovery 
system and conduct a liquid-liquid material balance each month, you use 
the liquid-liquid material balance to determine control efficiency. To 
determine the overall control efficiency, you must measure the amount 
of all materials used during each month and determine the volatile 
matter content of these materials. You must also measure the amount of 
volatile matter recovered by the solvent recovery system during the 
month, calculate the overall control efficiency, and apply it to the 
total mass of organic HAP in the materials used to determine total 
organic HAP emissions each month. Then you determine the 12-month 
organic HAP emission rate in the same manner described above.
    Operating Limits. If you use a capture system and control device, 
the 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 with bypass 
lines that could allow emissions to bypass the control device, you 
demonstrate that captured organic HAP emissions within the affected 
source are being routed to the control device by monitoring for 
potential bypass of the control device. You may choose from the 
following five monitoring procedures:
    [sbull] Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device.
    [sbull] Car-seal or lock-and-key valve closures to secure the 
bypass line valve in the closed position when the control device is 
operating.
    [sbull] Valve closure monitoring to ensure any bypass line valve or 
damper is closed when the control device is operating.
    [sbull] Automatic shutdown system to stop the coating operation 
when flow is diverted from the control device.
    [sbull] Flow direction indicator to provide a record of whether the 
exhaust stream is flowing toward the control device.
    A deviation would occur for any period of time the bypass 
monitoring indicates that emissions are not routed to the control 
device.
    Work Practices. If you use an emission capture system and control 
device for compliance, you 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 standard.
    If you use a capture system and control device for compliance, you 
are required to operate according to your SSMP during periods of 
startup, shutdown, or malfunction of the capture system and control 
device.

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

    You are required to comply with the applicable requirements in the 
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in 
the final rule. The General Provisions notification requirements 
include: initial notifications, notification of performance test if you 
are complying using a capture system and control device, notification 
of compliance status, and additional notifications required for 
affected sources with continuous monitoring systems. The General 
Provisions also require certain records and periodic reports.
    Initial Notifications. If you own or operate an existing affected 
source, you must send a notification to the EPA Regional Office in the 
region where your facility is located and to your State agency no later 
than 1 year after publication of the final rule in the Federal 
Register. For new and reconstructed sources, you must send the 
notification within 120 days after the date of initial startup or 120 
days after publication of the final rule, whichever is later. That 
report notifies us and your State agency that you have an existing 
affected source that is subject to the final standards or that you have 
constructed a new affected source. 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. 
The performance test is required no later than the compliance date for 
an existing affected source. For a new or reconstructed affected 
source, the performance test is required no later than 180 days after 
startup or 180 days after Federal Register publication of the final 
rule, whichever is later. You must notify EPA (or the delegated State 
or local agency) at least 60 calendar days before the performance test 
is scheduled to begin and submit a report of the performance test 
results no later than 60 days after the test.
    Notification of Compliance Status. You must submit a Notification 
of Compliance Status within 30 days after the end of the initial 12-
month compliance period. In the notification, you must certify whether 
each affected source has complied with the final standards; identify 
the option(s) you used to demonstrate initial compliance; summarize the 
data and calculations supporting the compliance demonstration; and 
provide information on any deviations from the emission limits, 
operating limits, or other requirements.
    If you elect to comply by using a capture system and control device 
for which you conduct performance tests, you must provide the results 
of the tests. Your notification must also include the measured range of 
each monitored parameter, the operating limits established during the 
performance test, and information showing whether the source has 
complied with its operating limits during the initial compliance 
period.
    If you are complying with a single emission limit representing the 
predominant surface coating activity under Sec.  63.3890(c)(1) of the 
final rule, include all calculations and supporting documentation for 
the predominant activity determination. If you are complying with a 
facility-specific emission limit under Sec.  63.3890(c)(2) of the final 
rule, include the calculation of the facility-specific emission limit 
and any supporting information.
    Recordkeeping Requirements. You must keep records of reported 
information and all other information necessary to document compliance 
with the final rule for 5 years. As required under the General 
Provisions, records for the 2 most recent years must be kept on-site or 
be readily accessible from the site (for example, by a computer 
network); the other 3 years' records may be kept off-site. Records 
pertaining to the design and operation of the control and monitoring 
equipment must be kept for the life of the equipment.
    Depending on the compliance option that you choose, you may need to 
keep records of the following:
    [sbull] Organic HAP content or volatile organic matter content and 
coating

[[Page 140]]

solids content (for all compliance options).
    [sbull] Quantity of the coatings, thinners and/or other additives, 
and cleaning materials used during each compliance period. If you are 
using the compliant material option for all coatings at the source, you 
may maintain purchase records for each material used rather than a 
record of the volume used.
    [sbull] For the emission rate (with or without add-on controls) 
compliance options, calculations of your emission rate for each 12-
month compliance period.
    [sbull] All documentation supporting initial notifications and 
notifications of compliance status.
    If you demonstrate compliance by using a capture system and control 
device, you must keep records of the following:
    [sbull] All required measurements, calculations, and supporting 
documentation needed to demonstrate compliance with the standards.
    [sbull] All results of performance tests and parameter monitoring.
    [sbull] All information necessary to demonstrate conformance with 
your plan for minimizing emissions from mixing, storage, and waste 
handling operations.
    [sbull] All information necessary to demonstrate conformance with 
the affected source's SSMP when the plan procedures are followed.
    [sbull] The occurrence and duration of each startup, shutdown, or 
malfunction of the emission capture system and control device.
    [sbull] Actions taken during startup, shutdown, and malfunction 
that are different from the procedures specified in the affected 
source's SSMP.
    [sbull] Each period during which a CPMS is malfunctioning or 
inoperative (including out-of-control periods).
    The final rule requires you to collect and keep records according 
to certain minimum data requirements for the CPMS. Failure to collect 
and keep the specified minimum data would be a deviation that is 
separate from any emission limits, operating limits, or work practice 
standards.
    Deviations, as determined from these records, must be recorded and 
also reported. A deviation is any instance when any requirement or 
obligation established by the final rule 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 stays in your records for 
the life of the affected source or until the source is no longer 
subject to the final standards. If you revise the plan, you must keep 
the previous superseded versions on record for 5 years following the 
revision.
    If you are using the predominant activity or facility-specific 
emission limit alternative, you must keep the records of the data and 
calculations needed to determine the predominant activity or to 
calculate the facility-specific emission limit for your facility.
    Periodic Reports. Each reporting year is divided into two 
semiannual reporting periods. If no deviations occur during a 
semiannual reporting period, you submit a semiannual report stating 
that the affected source has been in continuous compliance. If 
deviations occur, you include them in the report as follows:
    [sbull] Report each deviation from the emission limit.
    [sbull] Report each deviation from the work practice standards if 
you use an emission capture system and control device.
    [sbull] If you use an emission capture system and control device, 
other than a solvent recovery system for which you conduct liquid-
liquid material balances, report each deviation from an operating limit 
and each time a bypass line diverts emissions from the control device 
to the atmosphere.
    [sbull] Report other specific information on the periods of time 
the deviations occurred.
    You also have to include in each semiannual report an 
identification of the compliance option(s) you used for each affected 
source and any time periods when you changed to another compliance 
option.
    Other Reports. You are required to submit reports for periods of 
startup, shutdown, or malfunction of the capture system and control 
device. If the procedures you follow during any startup, shutdown, or 
malfunction are inconsistent with your SSMP, you report those 
procedures with your semiannual reports in addition to immediate 
reports required by 40 CFR 63.10(d)(5)(ii).

III. What Are the Significant Differences From Proposal?

A. Applicability

    We have revised the applicability section to clarify who is subject 
to the final rule. Specifically, the section includes activities 
associated with coating operations such as surface preparation, 
cleaning, mixing, and storage as long as these activities are 
associated with coating application at the facility.
    We have included an extreme performance fluoropolymer coatings 
subcategory in the final rule. This new subcategory establishes a 
specific emission limit for coatings that are formulated systems based 
on fluoropolymer resins, which often contain ``bonding'' matrix 
polymers dissolved in nonaqueous solvents as well as other ingredients. 
Extreme performance fluoropolymer coatings are typically used when one 
or more critical performance criteria are required including, but not 
limited to, a nonstick low-energy surface, dry film lubrication, high 
resistance to chemical attack, extremely wide operating temperature, 
high electrical insulating properties, or that the surface complies 
with government (e.g., U.S. Department of Agriculture, Food and Drug 
Administration (FDA)) or third party specifications for health, safety, 
reliability, or performance.
    We have revised the scope of the high performance subcategory to 
remove ``military combat, tactical, and munitions coating'' from the 
definition of high performance coating. As indicated in this preamble, 
the surface coating of metal parts and products performed on-site at 
installations owned or operated by the Armed Forces of the United 
States, or the surface coating of military munitions manufactured by or 
for the Armed Forces of the United States, will be addressed in the 
NESHAP for defense land systems and miscellaneous equipment that is 
currently under development.
    We have clarified that when determining whether your facility is 
below the applicability threshold, you may exclude coatings that meet 
the definition of non-HAP coating when determining whether you use 946 
liters (250 gal) per year, or more, of coatings in the surface coating 
of miscellaneous metal parts and products (Sec.  63.3881(b) of the 
final rule). Thus, a facility using mostly non-HAP coatings and less 
than 250 gal per year of HAP-containing coatings will not be subject to 
the final rule. In addition, we have included a definition of ``non-HAP 
coating'' in the final rule.

B. Scope of Category

    We have clarified the scope of the final rule to exclude surface 
coating operations using only coatings, thinners and other additives, 
and cleaning materials that contain no organic HAP. We also excluded 
surface coating of metal that is subject to several other NESHAP. We 
also included a provision that allows sources that meet the 
applicability criteria of both the final rule and the automobiles and 
light-duty

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trucks NESHAP to comply with the automobiles and light-duty trucks 
NESHAP for all their surface coating operations associated with the 
manufacturing of automobiles or light-duty trucks in lieu of complying 
with each subpart separately.

C. Emission Limits

    The emission limits remain as proposed, except for the addition of 
the extreme performance fluoropolymer subcategory, which must limit 
organic HAP emissions to no more than 1.5 kg organic HAP/liter coating 
solids (12.4 lbs HAP/gal coating solids) used during each 12-month 
compliance period.

D. Method for Determining HAP Content

    In the final rule, we have included a method for determining the 
HAP content for reactive adhesives based on the HAP actually emitted, 
rather than determining the mass fraction of organic HAP in the 
coatings using Method 311 or Method 24. Facilities may use the 
alternative method for reactive adhesives contained in appendix A to 
the final rule for plastic parts and products. In addition, we included 
a provision for reactive adhesives to allow facilities to rely on 
manufacturer's data that expressly states the organic HAP mass fraction 
emitted.
    We have included an option to calculate the volume fraction of 
coating solids based on the mass fraction and density of the volatile 
compounds in the coating. This method is an alternative to using ASTM 
Method D2697-86 (Reapproved 1998), ``Standard Test Method for Volume 
Nonvolatile Matter in Clear or Pigmented Coatings,'' or ASTM Method 
D6093-97 (Reapproved 2003), ``Standard Test Method for Percent Volume 
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas 
Pycnometer,'' to measure the volume solids.
    We have also included a method, ASTM Method D5965-02, ``Standard 
Test Method for Specific Gravity of Coating Powders,'' to determine the 
density of powder coatings if a facility chooses to include the solids 
from powder coatings in their compliance calculations.

E. Deviations From Operating Parameters

    The proposed rule stated that if your add-on control system 
deviates from the operating limit specified in Table 1 to subpart MMMM 
of 40 CFR part 63, 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. We have written the final rule to 
allow the use of other data to indicate the actual efficiency of the 
emission capture system and add-on control device, as long as the use 
of these data is approved by the respective permitting authority.

F. New Alternatives To Facilitate Compliance With Multiple Coating 
NESHAP and Multiple Emission Limits

    The final rule allows facilities subject to more than one surface 
coating emission limit to comply with each applicable emission limit 
separately or to adopt one of two alternatives. The first alternative 
allows all coating operations to comply with the emission limit 
representing the predominant surface coating activity at the facility 
(the predominant activity means the surface coating activity 
representing 90 percent or more of the total surface coating activity). 
The predominant activity approach is also available for sources that 
are subject to more than one subcategory emission limit. That is, a 
source may determine which subcategory represents 90 percent or more of 
the coating activities that take place at the facility, and then have 
all coating operations at the facility comply with the emission limit 
that represents the predominant activity.
    The second alternative allows a facility to comply with a facility-
specific emission limit calculated from the relative amount of coating 
activity that is subject to individual emission limits. The facility-
specific emission limit may include separate emission limits from one 
or more applicable NESHAP.
    You must include all surface coating activities that meet the 
applicability criteria of a subcategory in a surface coating NESHAP and 
constitute more than 1 percent of total coating activities. Coating 
activities that meet the applicability criteria of a subcategory in a 
surface coating NESHAP but comprise less than 1 percent of total 
coating activities need not be included in the facility-specific 
emission limit calculation but they must be included in the compliance 
calculations.
    Another approach that you may use is the equivalency by permit 
option in 40 CFR part 63, subpart E (Sec.  63.94). Under this approach, 
you may design an emissions control program that is suited for your 
process or plant as long as you can demonstrate that your program will 
achieve the same emissions reductions as the NESHAP. You must then work 
with your State, local, or tribal air pollution control agency to 
submit an equivalency demonstration. This equivalency demonstration 
will be reviewed by the appropriate EPA Regional Office. The 
equivalency demonstration is approved as part of the operating permit 
approval process. For more information, please see the section 112(l) 
website at http://www.epa.gov/ttn/atw/112(l)/112-lpg.html.

G. Initial and Continuous Compliance Demonstrations for Magnet Wire 
Sources

    In the final rule we have provided alternative testing and 
monitoring requirements for magnet wire coating operations. These 
alternative requirements are presented in appendix A to this rule.
    An alternative procedure is provided for determining the 
destruction efficiency of oxidizers used to control emissions from 
magnet wire coating machines. This procedure uses material consumption 
and material organic volatile content, adjusted to account for any 
uncaptured emissions, to determine the organic volatile content of the 
inlet stream to the control device.
    In addition, magnet wire coating operations may, with approval, 
conduct representative capture efficiency and control device efficiency 
testing of one magnet wire coating machine out of a group of identical 
or very similar magnet wire coating machines rather than testing every 
individual magnet wire coating machine.
    An alternative procedure is provided for monitoring capture systems 
on magnet wire coating machines. This alternative requires you to 
install an alarm or interlock which will be triggered either when any 
oven exhaust fan is not operating or the oven is overheating. This 
alternative also requires you to confirm every 6 months that the oven 
is operating at negative pressure.
    An alternative procedure is provided for monitoring catalytic 
oxidizers on magnet wire coating machines. This alternative allows you 
to develop and implement an inspection and maintenance plan as 
described in appendix A to this rule and to measure the temperature 
either before or after the catalyst bed and compare the measured 
temperature to the operating limit. In addition to the inspection and 
maintenance plan, you must either perform periodic catalyst activity 
checks, or check the concentration of organic compounds in the oven 
exhaust.

IV. What Are the Responses to Significant Comments?

    For the full set of comment summaries and responses, refer to the 
BID (``National Emission Standards for Hazardous Air Pollutants: 
Surface Coating of Miscellaneous Metal Parts and Products,'' August 
2003, EPA-453/R-03-008), which contains EPA's

[[Page 142]]

responses to each public comment and is available in Docket ID No. OAR-
2002-0116 (formerly Docket No. A-97-34).

A. Applicability and Scope of Source Category

    Comment: Two commenters requested that powder coatings be 
specifically excluded from the final rule. One commenter stated that 
powder coatings typically have no HAP or trace amounts of HAP that 
would easily comply with the emission limits. One commenter stated that 
powder coating operations should not be subject to a recordkeeping and 
reporting burden that would have no resulting environmental benefit. 
One commenter suggested that including powder coatings would reduce 
``expected'' HAP reductions from these NESHAP and that averaging could 
be limited to liquid coatings only.
    Response: Powder coatings are included in the definition of a 
coating in the final rule. However, if a source is using only powder 
coating or powder coating and less than 250 gal of HAP-containing 
coating, it would be excluded from all rule requirements based on the 
use of non-HAP coating and less than 250 gal of HAP-containing coating. 
If a source is using greater than 250 gal of HAP-containing coating and 
also has a powder coating line, it may choose to comply with the 
compliant material option for the powder coating line. The records 
necessary to demonstrate compliance with the compliant material option 
are significantly less than required under one of the emission rate 
options. Alternatively, if a source chooses to use either of the 
emission rate options, powder coatings may be included in the 
compliance calculations for the emission rate options. Inclusion of 
powder coatings in the compliance calculations was intended to serve as 
an incentive for sources to use powder coatings in reducing their 
overall emission level. We expect that increased use of powder coatings 
will promote this technology as a pollution prevention alternative and 
will result in greater emission reductions than if powder coatings were 
specifically excluded from compliance calculations. If a source chooses 
to omit powder coatings from the compliance calculations, the source 
could document that the powder coatings are in compliance under the 
compliant materials option since powder coatings are essentially 100 
percent solids.
    Comment: Several commenters requested that EPA revise the 
definition of ``protective oil'' to clarify whether specific materials 
cited by the commenters are considered protective oils. One commenter 
requested that EPA revise the definition of protective oil to clarify 
that protective oils include three specific coatings: temporary 
protective coatings on metal products to protect them from rust and 
corrosion during shipment and storage but that leave a soft removable 
solid film, magnet wire lubrication that is put on the wire before it 
is wound on a spool and forms a wax film, and bar seal lubrication that 
prevents hand gloves from sticking to generator parts during taping.
    Another commenter requested that EPA modify the definition of 
protective oil to specifically include carrier solvents. The commenter 
claimed that skin lubricants used on hypodermic needles do not meet the 
definition of a coating because they do not cure and form a solid film. 
The commenter stated that the skin lubricant is a viscous liquid that 
uses a HAP as a carrier and remains liquid after the HAP evaporates.
    Another commenter requested that aqueous-based rust inhibitors 
should not be considered coatings under the final rule and that this 
should be clarified in the definition of ``coating.'' The commenter 
contended that the rule as proposed currently exempts protective oil-
type rust inhibitors and should also exempt aqueous-based materials 
used for the same purpose.
    Response: We agree with the commenters that the definition of 
protective oils should be written to include those oils that include a 
carrier solvent and that do not form a solid film (e.g., skin 
lubricants on hypodermic needles). The definition of protective oils 
has also been written to include magnet wire lubrication and soft 
temporary protective coatings that are removed prior to installation or 
further assembly of a part or component. Those materials that do not 
form a solid film are not typically considered coatings. Aqueous rust 
inhibitors, which are typically acids or bases, are already excluded 
from the definition of coating as acids or bases.
    We do not feel it is necessary to specifically include bar seal 
lubricants used to prevent hand gloves from sticking to generator parts 
during taping. This is a specific process using the bar seal lubricant 
in a way that qualifies as a protective oil by providing lubrication.
    Comment: Two commenters asked for clarification on whether non-HAP 
coatings should be included in determining whether a facility is 
subject to the final rule. The commenters noted that Sec.  
63.3881(c)(5) of the proposed rule exempts coatings used in amounts of 
less than 50 gal per year, provided the total amount that is exempt 
does not exceed 250 gal per year. The commenters asked, for example, 
whether a facility using 10,000 gal of non-HAP coating and less than 50 
gal each of several other HAP-containing coatings totaling less than 
250 gal per year would be subject to the final rule.
    Response: In response to comment, we have written the final rule to 
clearly state that the use of non-HAP materials (as defined in the 
final rule) does not count toward the 250 gal applicability threshold 
in the final rule. This would avoid a situation where a source would be 
subject to the final rule even though it was using primarily non-HAP 
coatings and less than 250 gal per year of HAP-containing coatings. 
Because the purpose of the final rule is to control HAP, we agree that 
it is appropriate to consider only HAP-containing coatings in 
determining whether a source meets the applicability threshold. The 
final rule includes a definition of non-HAP coating, which is a coating 
containing less than 0.1 percent by weight of each individual organic 
HAP that is an OSHA-defined carcinogen and less than 1.0 percent by 
weight of all other individual HAP.
    Comment: Several commenters requested clarification on the 
exemption for facility maintenance surface coating operations. One 
commenter requested clarification that surface coating of equipment and 
tools used to manufacture parts and products are not covered by the 
final rule. The commenter noted that miscellaneous metal parts and 
products are defined as including ``industrial machinery'' and ``other 
industrial products.'' The commenter requested that an additional 
paragraph be added to Sec.  63.3881(c) of the final rule to clarify 
that surface coating of manufacturing equipment, metal molds, and tools 
are not covered except when these tools are sold or otherwise put into 
interstate commerce. The commenter requested the definition of facility 
maintenance state that the repair of metal molds is specifically cited 
as facility maintenance.
    A second commenter stated that it is unclear if the rule as 
proposed applies to refurbishment activities and maintenance coating of 
existing metal parts, or if the rule as proposed is intended to apply 
only to ``new'' metal parts produced for sale. The commenter noted that 
some maintenance activities conducted at facilities include coating 
metal equipment and parts that are not part of the infrastructure of 
the affected facility, such as trucks or other transport vessels for 
raw materials or products.
    One commenter requested clarification that coating activities at 
industrial sites to maintain the

[[Page 143]]

structural and operational integrity of process equipment are not 
covered by the final rule. Many industries coat new and existing 
support structures, piping, and equipment as part of routine 
maintenance activities, but they do not produce and coat metal parts 
for commercial sale.
    Two commenters requested that repainting of refillable gas 
cylinders for the delivery of industrial gases should be considered 
facility maintenance and not covered by the final rule. One commenter 
argued that the gas cylinders are transferred back and forth to the 
customer and that the principal activity of the facility is the 
delivery of gases and not the repainting of cylinders. Another 
commenter stated that the final rule should apply only to facilities 
for which surface coating is the ``principal activity,'' rather than 
merely discussing this applicability in the preamble.
    Another commenter requested the facility maintenance exemption for 
surface coating on tools and equipment also apply to tools used 
occasionally off-site. Another commenter requested that EPA expand the 
definition of facility maintenance to include the fabrication and 
coating of equipment needed to support the function of the facility 
(e.g., equipment required for supporting, holding, or reaching aircraft 
or aircraft parts and components).
    Response: The EPA agrees that the surface coating of equipment and 
tools used by a manufacturing facility (compared to machinery and tools 
that are sold as industrial products) should be considered part of 
facility maintenance operations and not part of the miscellaneous metal 
parts and products surface coating source category. The final rule 
includes a definition of ``facility maintenance operations'' that 
includes the routine repair or renovation (including the surface 
coating) of the tools, equipment, machinery, and structures that 
comprise the infrastructure of the affected facility. Infrastructure 
may include buildings, tools, and equipment needed to support the 
function of the facility that are fixed in place, or are occasionally 
used off-site.
    Since mold release agents are applied to molds and are not applied 
to the part being produced and do not become part of the part being 
produced, they would be considered part of facility maintenance and 
would not be subject to the final rule. However, EPA does not believe 
it is necessary to specifically include mold release agents in the 
definition of facility maintenance since they would already be covered 
as a surface coating applied to the tools and equipment of the affected 
facility.
    The regular painting of gas cylinders is not considered facility 
maintenance because it is not incidental to the primary activity of a 
facility delivering specialty gases. The repainting of the cylinders is 
central to the reliable delivery of industrial gases to customers, even 
if the cylinders are owned by and returned to the gas vendor. The 
coating is not episodic or occasional, but is an ongoing operation at 
the source for which dedicated, fixed machinery and equipment are 
installed at the source. For these reasons, coating of the cylinders is 
considered part of the principal activity of the facility, which is 
providing gas to customers in sound and easily identifiable containers. 
Facility maintenance activities, including episodic or occasional 
surface coating, on the other hand, is ancillary or incidental to the 
principal activity of the facility.
    The coating of mobile equipment and fleet trucks is considered part 
of facility maintenance for the Miscellaneous Metal Parts and Products 
NESHAP, as long as the coating of mobile equipment and fleet trucks is 
not one of the principal activities of the source. The routine 
maintenance of metal parts (such as rail car maintenance and drum 
refurbishment) is not exempt from the final rule when it is performed 
at sources for which their principal activity is the routine 
maintenance, including surface coating, of metal parts that are not new 
parts.

B. Need for Separate Source Category for Department of Defense Coatings

    Comment: One commenter stated that EPA should establish a separate 
source category for DoD surface coating operations not covered by the 
Aerospace or the Shipbuilding and Ship Repair NESHAP (40 CFR part 63, 
subparts GG and II, respectively) and exempt these coating operations 
from the final rule for miscellaneous metal parts. The commenter 
described the unique material requirements and operating conditions for 
military coating operations that are different from commercial 
operations. The commenter claimed that the proposed compliance options 
would be impractical and extremely costly for DoD facilities because of 
the complexity of military coating operations, the number of coatings 
and solvents used, and the number of different items and substrates 
coated. Many DoD installations (especially those that service or 
remanufacture artillery, armored vehicles, weapons systems, and support 
equipment) use thousands of different coatings, and each material is 
subject to its own military specification.
    Because DoD facilities use HAP-containing solvents, the commenter 
claimed they could not use the proposed compliant materials option. 
Reformulating solvents or coatings requires extensive field testing 
before they may be approved for use in tactical field equipment and 
weapons systems. In addition, updating the coatings for which there is 
a military specification requires updating the documentation applicable 
to military specifications and the documentation for the relevant 
equipment and weapons systems that adopt those military specifications.
    The proposed emission rate option and the add-on controls option 
are not feasible because they would require DoD to be able to 
accurately track the amount of coating or cleaning solvent used on each 
item or substrate. As noted above, DoD installations may use thousands 
of different coatings on a variety of substrates, including metal, 
plastic, ceramics, rubber, fabric, wood, and composites.
    The commenter requested a separate source category so that emission 
limits and a regulatory format could be developed that would be most 
appropriate for military coating needs. The commenter claimed that a 
separate rule also would ensure that all DoD coatings could comply with 
emission limits using the same units of measure. The commenter noted 
that DoD facilities use many of the same high performance coatings on 
plastic and metal items and substrates, and they could be potentially 
regulated by both the NESHAP for plastic parts and products and the 
NESHAP for miscellaneous metal parts and products.
    Response: After several visits to DoD surface coating operations 
and meetings with DoD stakeholders, EPA agrees that a separate source 
category for DoD surface coating operations is warranted. One factor 
that we considered in this decision is the unique military 
specifications for coatings used on tactical and other military 
equipment. Further data collection and analysis are required to 
determine what emission limits are achievable for these coating 
operations. Another factor that we considered is the issue that 
military facilities may use thousands of different coatings, and that 
the types of equipment that are coated and the types of coatings used 
in a given time period are unpredictable and often influenced by world 
events. Further analysis is needed to determine what emission limit 
formats, compliance demonstration, and recordkeeping requirements are 
practical for this type of situation. Another consideration was

[[Page 144]]

the high probability that these sources would be subject to multiple 
NESHAP.
    The EPA will be developing separate NESHAP for ``Defense Land 
Systems and Miscellaneous Equipment'' surface coating operations. Those 
NESHAP will include operations that do not meet the applicability 
criteria of the Aerospace NESHAP or the Shipbuilding and Ship Repair 
NESHAP. The comments pertaining to the format of the standards and 
appropriate compliance options will be taken into consideration in the 
development of those NESHAP.
    Since a separate source category will be established for DoD 
surface coating operations, the definition of high performance coating 
in the final rule has been written so that it does not include 
``military combat, tactical, and munitions coating'' and the definition 
of ``military combat, tactical, and munitions coating'' is not included 
in the final rule.

C. Exclusion of Activities Subject to Other Surface Coating NESHAP

    Comment: Several commenters requested that EPA clarify that the 
Aerospace NESHAP (40 CFR part 63, subpart GG), rather than the 
Miscellaneous Metal Parts NESHAP, cover parts necessary for the proper 
functioning of aircraft. The commenters were concerned in particular 
that the rule, as proposed, could be interpreted to apply to the 
specialty coatings included in appendix A to 40 CFR part 63, subpart 
GG. The commenters stated that the Aerospace NESHAP found that MACT 
controls were not warranted for certain aerospace surface coating 
operations and that regulating these operations under the Miscellaneous 
Metal Parts and Products NESHAP would be an unexplained change in 
policy.
    Another commenter suggested that the final rule include an 
alternative compliance option for facilities subject to the final 
NESHAP under development for the surface coating of automobiles and 
light-duty trucks that also coat metal parts that would not be subject 
to the Automobiles and Light-Duty Trucks NESHAP. The commenter noted 
that some automobile and light-duty truck facilities will be subject to 
the final rule for metal parts coating, the NESHAP for the surface 
coating of automobiles and light-duty trucks, and the Plastic Parts and 
Products NESHAP. The commenter suggested that a source be allowed to 
comply with the final NESHAP for automobiles and light-duty trucks for 
all coating operations if the principle activity is the surface coating 
of automobiles and light-duty truck bodies. The commenter noted that 
the metal and plastic parts coating operations are often integrated 
with the body coating operations, since all three coating operations 
may share common coating supplies, application equipment, cleaning 
solvents, and emission controls. The shared equipment and materials 
could make tracking separate compliance for each NESHAP overly 
burdensome and would reduce the certainty of compliance.
    One commenter requested that EPA clarify that shipbuilding or ship 
repair surface coating operations are subject to only the Shipbuilding 
and Ship Repair NESHAP (40 CFR part 63, subpart II). The commenter 
noted that the Shipbuilding and Ship Repair NESHAP covers only paints 
and thinners, and does not cover caulks, sealants, and adhesives. Since 
the metal parts rule covers all coating materials, the commenter was 
concerned that it would cover those materials that were not 
specifically addressed by the Shipbuilding and Ship Repair NESHAP and 
will make shipbuilding and ship repair sources subject to multiple 
NESHAP.
    Response: We agree with the commenter that coating operations that 
are addressed in the Aerospace NESHAP, and for which EPA determined 
that MACT controls were not needed, are not intended to be regulated 
under the Miscellaneous Metal Parts and Products NESHAP. To clarify 
this intent, the final miscellaneous metal parts rule includes a 
provision that specifies that the final rule does not apply to coatings 
that meet the applicability criteria for the Aerospace NESHAP (40 CFR 
part 63, subpart GG). In addition, the final rule excludes the 
application of specialty coatings, as defined in appendix A to subpart 
GG, to metal parts of aerospace vehicles or components.
    The coating of metal parts that would not meet the applicability of 
the Aerospace NESHAP or that would not require any of the specialty 
coatings defined in appendix A to 40 CFR part 63, subpart GG would be 
subject to the miscellaneous metal parts final rule. Information 
provided during the comment period indicates that any miscellaneous 
metal coating activities would comprise less than 5 percent of total 
coating activities at an aerospace facility. Consequently, the facility 
could elect to comply with the predominant activity compliance 
alternative to reduce its recordkeeping and reporting burden.
    We agree that the final rule for the surface coating of 
miscellaneous metal parts is not intended to apply to coating 
operations that meet the applicability criteria of the Shipbuilding and 
Ship Repair NESHAP. Although the Shipbuilding and Ship Repair NESHAP 
did not establish emission limits for sealants, caulks, and adhesives 
used in shipbuilding or ship repair, such types of coatings used for 
shipbuilding or ship repair operations are more appropriately addressed 
under the Shipbuilding and Ship Repair NESHAP. The review of the 
Shipbuilding and Ship Repair NESHAP, required by section 112(d)(6)of 
the CAA, is an appropriate mechanism for evaluating whether emission 
limits are needed for sealants, caulks, and adhesives used in 
shipbuilding or ship repair.
    For sources that will be subject to the final Automobiles and 
Light-Duty Trucks NESHAP, the final miscellaneous metal parts and 
products rule includes a provision to mitigate the overlap at these 
facilities. For these metal part surface coating operations, a facility 
has the option to comply with the requirements of the final Automobiles 
and Light-Duty Trucks NESHAP as long as the metal parts are for use in 
automobiles or light-duty trucks.

D. Complying With the Rule Representing the Majority of the Substrate 
(Plastic or Metal) on Pre-assembled Parts.

    Comment: Several commenters supported this provision of the 
proposed rule while others did not. Several commenters noted that the 
source would be required to determine every month whether the majority 
of substrate on pre-assembled parts was metal or plastic based on the 
coatings applied during the previous 12-month period and argued this 
would be overly burdensome. Two commenters suggested that because the 
relative amount of metal and plastic coated could change over time, a 
facility could potentially fluctuate between applicable NESHAP. Two 
commenters also suggested that the final rule require facilities to 
establish whether the majority of surfaces coated are metal or plastic 
only at the time of their title V permit renewal, rather than on a 12-
month rolling basis, to provide stability and reduce recordkeeping 
burden.
    Other commenters claimed that the rule does not adequately address 
situations where separate plastic and metal parts are coated on the 
same line. As proposed, separate metal and plastic parts coated on the 
same line would need to comply separately with the plastic parts and 
the metal parts rules. The commenters noted that the same coatings and 
feed systems are often used for both plastic and metal parts on a

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single line. The commenters recommended that the final rule adopt a 
``predominant activity'' concept, whereby the facility could determine 
the predominant coating activity of a line and then comply with a 
single NESHAP.
    Response: We recognize and appreciate some of the problems that 
were identified with this approach by the commenters. Although some 
commenters supported this approach, it is not included in the final 
rule. The final rule instead offers more practical compliance 
approaches, including a predominant activity alternative as suggested 
by some of the commenters.
    The predominant activity alternative allows a facility to identify 
its predominant type of coating activity and comply with the NESHAP or 
the subcategory emission limit that applies to that activity for all 
coating operations. The predominant activity is defined as the activity 
that represents 90 percent or more of the surface coating that occurs 
at a facility.
    We have analyzed the relative differences in emission limits that 
are included in the predominant activity compliance option, as it would 
apply to the NESHAP for plastic parts and products and the NESHAP for 
miscellaneous metal parts and products. We have determined, for certain 
subcategories, that the environmental impact of complying with the 
emission limit for the predominant activity is essentially equivalent 
to complying separately with each emission limit. For other 
subcategories, the environmental impact could be substantially 
different. To prevent situations that could lead to substantial 
emissions increases, the following activities cannot be used as the 
predominant activity at a facility: high performance, rubber-to-metal, 
and extreme performance fluoropolymer coatings. Emission limits for 
these coating operations reflect the need for specialized performance 
requirements that can currently be accomplished only with materials 
that contain substantially higher-HAP than materials used at other 
types of coating operations. It would be inappropriate to allow coating 
operations that can be performed with lower-HAP materials to comply 
with substantially higher-HAP emission limits than would otherwise be 
applicable.
    Under the predominant activity alternative, if all coating 
operations subject to NESHAP comply with the emission limit applicable 
to the predominant activity, the facility will be considered in 
compliance with the emission limits otherwise applicable to the 
minority surface coating operations (i.e, those that amount to less 
than 10 percent of the coating activity).
    Another compliance option to eliminate the need to comply with more 
than one coating NESHAP has also been added to the final rule. This 
second option allows a facility to calculate and comply with a 
facility-specific emission limit.

E. Comply With the Most Stringent NESHAP

    Comment: Several commenters supported this provision. One commenter 
agreed that complying with only one NESHAP would prevent excessive 
monitoring, recordkeeping, and reporting. One commenter suggested that 
this option would require less recordkeeping than tracking and 
determining which substrate represents the greatest coating activity.
    However, several commenters stated that different units of measure 
(e.g., lb organic HAP per lb solids versus lb organic HAP per gal 
solids) make it difficult to determine which surface coating NESHAP 
among several is more stringent. Additionally, one commenter noted that 
case-by-case demonstrations of relative stringency based on total 
estimated annual emissions are difficult because of the different 
standards and units of measure in the various NESHAP. One commenter 
noted that when different NESHAP have different methods of compliance 
demonstration, sources must track and allocate material usage 
differently for different parts. Cleaning solvents in particular are a 
problem, since some NESHAP emission limits include cleaning solvents 
while others impose work practices instead.
    One commenter noted that the rule as proposed places the burden on 
the source to determine the most stringent limit, and that the 
different units used for different surface coating rules may cause a 
source to mistakenly fall out of compliance through miscalculation or 
misunderstanding.
    Several commenters suggested options so that sources would not have 
to determine which rule is most stringent on a case-by-case basis. Some 
commenters suggested that the relative stringency of different NESHAP 
should be stated in each rulemaking so that facilities subject to more 
than one NESHAP do not need to perform a case-by-case determination of 
which applicable rule is most stringent. Another commenter suggested 
that the different surface coating rules contain factors or equations 
so a source could convert emission limits from one unit to another 
(e.g., lb organic HAP/lb solids to lb organic HAP/gal solids).
    One commenter recommended that EPA allow facilities subject to both 
the Plastic Parts and Products NESHAP and the Miscellaneous Metal Parts 
and Products NESHAP the option of complying with the standards of their 
choice since both NESHAP will significantly reduce organic HAP 
emissions.
    Response: Through clarification of the applicability provisions of 
the final rule, as described in this preamble, we have significantly 
reduced the potential for sources to be subject to multiple surface 
coating NESHAP. In addition, EPA is providing in the final rule, the 
opportunity for a source to determine and comply with a facility-
specific weighted emission limit for all coating operations that take 
place at the source. The emission limit would be weighted according to 
the relative amount of coatings used that would be subject to separate 
emission limits. This alternative emission limit may include applicable 
emission limits from two or more NESHAP.
    In calculating the facility-specific emission limit, the basis for 
the weighting of the individual emission limits must be the volume of 
coating solids used in each subcategory. The volume coating solids used 
in the different coating operations may be calculated by a variety of 
methods, as long as it is accepted by the permitting authority. For 
example, in some cases a facility that uses the same coating for 
plastic and metal parts may be able to use the design specifications of 
the parts coated and the numbers of each type of part coated to 
calculate the volume of coating solids used for metal and plastic 
surfaces subject to the individual emission limits. In other 
situations, actual records of coating usage for each operation may be 
needed to provide a valid calculation.
    In calculating a facility-specific emission limit for operations 
subject to NESHAP with emission limits in different formats, you will 
need to convert emission limits to the same format. To do so, you must 
use a default value for solids density of 10.5 lbs solids per gal 
solids (1.26 kg solids/liter solids) to convert emission limits in the 
Plastic Parts and Products NESHAP that are in ``HAP per mass solids'' 
to the ``HAP per volume solids'' units of the Miscellaneous Metal Parts 
and Products NESHAP. This default value was calculated from the 
weighted-average solids density of coatings in the plastic parts survey 
database and represents the average solids density of plastic parts 
coatings.
    The following example illustrates how the facility-specific 
emission limit

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may be used. Assume a facility has three coating operations subject to 
the following emission limits:
    [sbull] Plastic parts general use (0.16 lb organic HAP/lb solids);
    [sbull] Miscellaneous metal parts extreme performance flouropolymer 
coatings (12.4 lb organic HAP/gal solids); and
    [sbull] Miscellaneous metal parts general use (2.6 lb organic HAP/
gal solids).
    The three coating operations used the following volumes of coating 
solids in the 12 months of the compliance period:
    [sbull] Plastic parts general use: 40,000 gal solids;
    [sbull] Miscellaneous metal parts extreme performance flouropolymer 
coatings: 2,000 gal solids; and
    [sbull] Miscellaneous metal parts general use: 58,000 gal solids.
    First, the plastic parts general use emission limit must be 
converted to lb organic HAP/gal solids units using the default solids 
density of 10.5 lb solids per gal solids:
[GRAPHIC] [TIFF OMITTED] TR02JA04.000

    Next, the facility-specific emission limit is calculated using 
Equation 1 in Sec.  63.3890 of the final rule:
[GRAPHIC] [TIFF OMITTED] TR02JA04.001

    If all coating operations comply with an emission limit of 2.4 lb 
organic HAP/gal solids and with the other compliance provisions of the 
final rule, the facility will be in compliance with the final rule for 
that compliance period. The calculation must be repeated for each 12-
month compliance period. In this example, compliance will also 
constitute compliance with the Plastic Parts and Products NESHAP for 
the plastic parts coating operations. The facility may use either the 
compliant materials option, the emission rate without add-on controls 
option, or the emission rate with add-on controls option to demonstrate 
compliance with the facility-specific emission limit.
    This approach is consistent with the CAA because the emission 
limits from which the facility-specific emission limit would be 
calculated are based on the MACT emission limits for each applicable 
coating operation. We believe that overall emissions would be 
essentially the same as if each coating operation were complying 
separately with each applicable emission limit. The facility-specific 
emission limit needs to be calculated each month of the 12 month 
compliance period because of the wide differences in the various 
emission limits available for inclusion. A relatively small change in 
the mix of coating operations conducted during a compliance period may 
have a significant effect on the weighted emission limit. Thus, it 
would not be appropriate for a facility to establish and maintain a 
fixed facility-specific emission limit based on historical data or long 
term projections.
    In the final rule, the facility-specific emission limit and 
predominant activity alternatives provide sources with comprehensive 
and flexible approaches that will reduce the recordkeeping associated 
with sources that coat multiple substrates and whose workload could 
fluctuate over time. These alternatives reduce the likelihood of 
overlap among multiple surface coating NESHAP.

F. Assembled On-Road Vehicle Coating

    Comment: Two commenters recommended that the predominant substrate 
type on motor homes and other recreational vehicles (RV) be established 
as the most restrictive substrate type (i.e., plastics). They argued 
that a single emission limit should be established for coating motor 
homes and other assembled on-road vehicles (AORV) that reflects the 
restrictions of the plastic substrate used on the bodies of motor homes 
and other RV. The commenters argued that the recordkeeping to document 
the fraction of plastic and metal on RV would be a major challenge 
because of the different options for each RV that can be chosen by the 
customer which affect the ratio of metal-to-plastic that is coated on 
each vehicle.
    One commenter requested that the metal parts rule specifically 
exclude aftermarket repairs and refinishing of heavy duty trucks, 
buses, and other vehicles. Other commenters requested that the final 
rule exempt auto refinishing operations and requested that the final 
rule state that the refinishing of assembled vehicles is covered under 
the AORV coating subcategory in the Plastic Parts and Products NESHAP. 
One commenter also requested that the AORV subcategory in the plastic 
parts rule, and not the miscellaneous metal parts rule, apply to 
vehicle parts that are separate from the assembled vehicle at the time 
of coating application, if the part is eventually to be incorporated 
into the vehicle. The commenter reasoned that emissions from such 
operations are negligible in comparison to overall refinish coating 
emissions, and tremendous costs would be involved with having to 
reformulate all the colors required to color match under two different 
regulatory limits and units of measure.
    Response: We agree that a single emission limit should apply to all 
surface coating operations on motor homes and other fully assembled 
vehicles. Even though fully assembled vehicles may contain a mix of 
plastic and metal substrates, the majority of the surface coatings 
applied to the vehicle are automotive-type refinish coatings. In the 
proposed rule for plastic parts and product surface coating (40 CFR 
part 63, subpart PPPP; 67 FR 72276, December 4, 2002), we proposed an 
emission limit for an AORV surface coating subcategory, and an emission 
limit for that subcategory has been included in the final plastic parts 
rule.
    The AORV subcategory in the final plastic parts rule includes all 
surface coating operations (regardless of the relative amount of metal 
and plastic) on fully assembled vehicles, including, for example, motor 
homes and other RV, refinishing of cars and trucks following body 
repair, and the painting of fleet trucks. Surface coating operations 
that

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are subject to the AORV surface coating emission limit in the plastic 
parts rule are not subject to any of the emission limits in the 
miscellaneous metal parts and products rule. These include incidental 
coating of parts that have been removed from the vehicle, such as 
grille fronts, to facilitate access and coverage.

G. The MACT Floor Approach and Database

    Comment: Several commenters supported the approach of using State 
volatile organic compounds (VOC) rules to develop the MACT floor. Some 
found the VOC rules to be a good indicator of HAP emissions and to 
represent emission levels that have been shown to be achievable for the 
range of sources in the category and supported the assumptions made by 
EPA in that approach. However, one commenter contended that EPA 
improperly used State VOC emission limits instead of levels ``actually 
achieved'' by the best performing 12 percent of sources to set the MACT 
floor. The commenter argued that one legal precedent (Sierra Club v. 
U.S. EPA, 167 F.3d 658, 664 D.C. Cir. 1999) has found that the use of 
regulatory permit data in place of actual performance data is only 
permissible for setting a MACT floor when a rational relationship 
exists between permitted emissions and actual emissions. The commenter 
argued that a significant difference existed between the allowable VOC 
emissions under State rules and actual HAP emissions of the best 
performing facilities because EPA improperly assumed that all 
facilities operated at the allowable VOC level in the State rules. That 
is, EPA assumed that VOC emissions were no lower than the State VOC 
limits.
    In place of using State VOC rules, the commenter argued that EPA 
should use the average emission rate of 0.1 lb organic HAP/gal coating 
solids that was the result of a preliminary ranking presented in the 
preamble to the proposed rule (67 FR 52791, August 13, 2002). The 
commenter further argued that unless EPA sees a need to establish 
additional subcategories, this limit should apply to all sources in the 
general use coating category.
    The commenter noted that the HAP limits for the general use 
category are higher than the actual emissions of ``a large portion'' of 
the existing sources that will be regulated by the final rule. From 
this observation, the commenter concluded that the final rule will 
allow several hundred sources to increase HAP emissions.
    The commenter also contended that data from the miscellaneous metal 
parts and products industry indicated that coating formulations with 
less HAP do not result in less VOC, and it is incorrect to assume that 
VOC control is a proxy for HAP control. The commenter concluded from 
this observation that using State VOC rules to develop the MACT floor 
for HAP emissions was inconsistent with the CAA because no rational 
relationship existed between permitted VOC emissions and actual HAP 
emissions.
    Response: For most of the sources in this source category, the 
State VOC rules constituted the only applicable and measurable emission 
limitation that could be used in a MACT floor ranking for some 
subcategories. We did not adopt the emission level indicated by the 
preliminary MACT ranking because that level was not achievable for the 
extremely diverse facilities in the relevant subcategories, as 
represented by the miscellaneous metal parts and products database. 
Along with various stakeholder groups, we also considered MACT rankings 
for individual industry segments, but the results for individual 
segments would not be achievable for all sources within those segments 
because of diversity even within those segments. The only exceptions 
were for the rubber-to-metal subcategory and the magnet-wire 
subcategory, where the MACT emission limits are based on the MACT 
database rankings for these segments. Therefore, we chose the final 
approach of basing HAP limits on State VOC limits for the general use 
and high performance categories. State VOC limits have been 
demonstrated to be achievable emission limitations for the range of 
sources included within these two miscellaneous metal parts and 
products subcategories.
    We started our development of HAP limits with the State VOC limits 
and then applied the appropriate HAP/VOC ratio to determine a good 
representation of the HAP content of coatings that meet the VOC limits. 
If we had just used the VOC limits as HAP limits without adjusting for 
the HAP/VOC ratio, then the assertion in the comment would be more 
accurate.
    Although we agree that some sources achieved nominally lower-HAP 
emission limitations than those derived from the State VOC limits, it 
is not clear that those lower-emitting facilities represent the range 
of sources in the source category or in any distinct or clearly 
definable subcategory or industry segment.
    Contrary to the commenter's assertion, VOC limits do limit HAP 
emissions indirectly from this source category because nearly all 
organic HAP used in coatings and related solvents are also VOC. 
Although many VOC are not HAP, limiting VOC also limits HAP because the 
HAP content cannot exceed the VOC limit. Therefore, those sources 
subject to VOC limits have also reduced HAP emissions to comply with 
the VOC emission limits.
    We have established for this source category that a reasonable 
relationship exists between State VOC rule limits and actual VOC 
emissions for most facilities. Using the miscellaneous metal parts and 
products survey data, we calculated the average VOC content (in lb VOC 
per gal of coating, less water) for each facility subject to a State 
VOC rule limit. The average VOC content of the coatings reported for 
each facility subject to a State VOC limit is nominally lower than the 
applicable State VOC limit, consistent with allowing a reasonable 
margin for compliance.
    Comment: One commenter supported the HAP-to-VOC ratio that was used 
to convert the VOC limits in State coating rules to HAP limits. 
However, another commenter argued against using the average HAP-to-VOC 
ratio for all sources in setting the MACT floor, stating that among the 
best performing sources, the HAP-to-VOC ratio is much less than the 43-
percent overall average ratio used by EPA. The commenter did not 
provide specific HAP-to-VOC ratios for any of the lower emitting 
facilities. The commenter argued that if EPA decides to base the rule 
on State VOC limits, EPA should replace the 43-percent HAP-to-VOC ratio 
with the average HAP-to-VOC ratio for the best performing 12 percent of 
sources.
    Another commenter noted that the EPA database did not include or 
account for HAP contained in solvent blends. The commenter claimed that 
the default fractions for these products could ``significantly impact 
the baseline'' and requested that the VOC-to-HAP conversion factor be 
reviewed.
    Response: As suggested by one commenter, we assessed the HAP-to-VOC 
ratio of those facilities that represented the MACT floor. And as 
suggested by other commenters, we reviewed the solvent blends that were 
used by a representative sample of sources and adjusted the emission 
limits is proposed to account for the organic HAP in solvent blends. 
The sources included in the MACT floor 12-percent determination are the 
facilities in the metal parts database that are subject to the most 
stringent State VOC coating rules.
    Contrary to the one commenter's contention, we found that the HAP-
to-VOC ratio for sources subject to the most stringent State VOC rules 
was

[[Page 148]]

neither lower than nor substantially different from the 0.43 ratio used 
to develop the proposed emission limits. We estimated that the organic 
HAP from solvent blends accounts for about 2 percent of all HAP. 
Therefore, the HAP-to-VOC ratio used for calculating the general use 
limits has been increased from 0.43 to 0.44 to account for the organic 
HAP in solvent blends, and the general use limits were recalculated and 
then rounded to two significant figures. The revised existing source 
limit is 2.6 lb organic HAP/gal (0.31 kg organic HAP/liter) coating 
solids used. The revised new source limit is 1.9 lb organic HAP/gal 
(0.23 kg organic HAP/liter). Some of the emission limits changed 
slightly due to rounding the proposed emission limits to two or three 
significant figures.
    Since the high performance, magnet wire, and rubber-to-metal 
coating emission limits were not developed using the HAP-to-VOC ratio 
of 0.43, the emission limits for these coating operations were not 
recalculated. For the high performance limit, a ratio of 0.70 provided 
by industry was used. For magnet wire and rubber-to-metal, HAP content 
from the survey database were used to establish the floor, so no HAP-
to-VOC ratio was needed for these subcategories.
    Comment: Several commenters stated that the HAP from cleaning 
materials should not be included in the MACT floor or in calculating 
emission limits for general use coatings. The commenters argued that 
the State VOC rules on which these limits are based do not include 
cleaning solvents. Two commenters pointed out that State VOC rules 
follow the recommendations of EPA's control technique guideline 
document for miscellaneous metal parts and products surface coating, 
which recommends excluding cleaning solvents. By including the cleaning 
solvents in the miscellaneous metal parts and products MACT floor, the 
commenters claimed that EPA made the proposed limits more stringent 
than allowed by the MACT analysis based on State VOC rules. Two 
commenters suggested that if a cleaning solvent limit were necessary, 
it should be listed separately or averaged separately and then added 
directly to the proposed HAP limits.
    Several commenters suggested changes to the rule as proposed if 
cleaning solvent emissions were to be regulated. Three commenters 
stated that cleaning solvents should be exempt from the final emission 
limits provided cleaning operations are conducted in closed containers. 
Two commenters suggested that the final rule should include work 
practices for cleaning solvents. One commenter noted that the 
Industrial Cleaning Solvent Alternative Control Technique document 
suggested solvent accounting and plant management practices to address 
emissions from solvent cleaning. The same commenter also noted that EPA 
has used its authority under section 112(h) of the CAA to incorporate 
work practices for cleaning solvents for the Wood Furniture, Aerospace, 
and Shipbuilding and Ship Repair NESHAP. One commenter suggested 
cleaning solvents be regulated separately from coatings based on HAP 
composition or vapor pressure.
    Response: The EPA reviewed the cleaning material reported in the 
database for the miscellaneous metal parts rule and concluded that no-
HAP cleaners are a viable option for sources subject to the final rule. 
The proposed and final emission limits reflect the fact that 
miscellaneous metal parts and products sources, for which EPA had data, 
were using cleaning solvents that contained no organic HAP or were 
using solvent blends containing only small percentages of organic HAP 
(i.e., 6 percent HAP or less), which would have little, if any, effect 
on their emission rate. As described earlier, we have adjusted the HAP-
to-VOC ratio used to establish the emission limits to account for the 
organic HAP contained in solvent blends.
    The final rule accounts for cleaning operations that are conducted 
in closed containers, although there is no specific requirement to 
perform cleaning in closed containers. In the compliance calculations 
used in the emission rate without add-on controls option and the 
emission rate with add-on controls option, you only need to include the 
organic HAP contained in materials that are consumed during the 
previous 12-month period and you may take credit for organic HAP 
contained in materials that are sent off-site for recycling or 
disposal. If cleaning is performed in closed containers, the amount 
that evaporates to the atmosphere is minimized.

H. Compliance Options for Meeting the Emission Limits

    Comment: Many commenters requested clarification on how the 
different compliance options could be applied to different coating 
lines at the same facility. Several commenters asked EPA to verify that 
a facility can choose different control options for different lines at 
a single facility.
    Response: You may choose different compliance options for different 
lines at the same facility. For example, one line may be able to use 
the compliant materials option, while another line may need the 
flexibility to use higher- and lower-HAP materials under one of the 
emission rate compliance options. You may also use different compliance 
options within a single line, as long as different compliance options 
are not applied at the same time to the same coating applied to a 
single part. For example, most of the coatings used on a particular 
line may be able to individually meet the emission limit for a 
particular subcategory, but a few coatings may need a higher-HAP 
content. You could average these higher-HAP coatings with some of the 
lower-HAP materials under the emission rate without add-on controls 
option and demonstrate compliance for these separately, while the other 
lower-HAP coatings comply under the compliant materials option.
    It may be more practical to use an add-on control for some coating 
operations, such as a specific line, than for others. If you have an 
add-on control device on some coating operations, the work practice 
standards apply to only the coatings and operations controlled by the 
add-on controls.
    Comment: One commenter requested that EPA clarify how to switch 
between compliance options, specifically when switching between the 
compliant materials option and one of the two options that require 
calculating a 12-month rolling average emission rate. The commenter 
suggested that the final rule should allow maximum flexibility in 
switching between options as long as all compliance periods demonstrate 
compliance under at least one option, and the necessary data are 
available for calculating the needed 12-month averages.
    Response: You may switch between compliance options at any time as 
long as you notify your permitting authority in your next semiannual 
compliance report, and you comply with all monitoring, recordkeeping, 
and reporting needed for the compliance option to which you are 
switching. Keep in mind, however, that if you switch from one 
compliance option to another, you must be able to demonstrate 
compliance based on the previous 12 months of data. As a result, you 
may need data from the previous 12 months of operation that were not 
specifically required by the option under which you were previously 
demonstrating compliance. This could be especially true if you switched 
from the compliant materials option to the emission rate without add-on 
controls option or the emission rate with add-on controls option.

[[Page 149]]

    If you began using an add-on control device and complying with the 
emission rate with add-on controls option, you may apply the emission 
reduction credit to only those coatings that were applied after you 
began using the add-on control device. You would also need to 
demonstrate compliance with the operating limits for the add-on control 
device only after you began using it. Conversely, if you stopped using 
an add-on control device and began complying with the emission rate 
without add-on controls option, you could no longer apply the emission 
reduction credit to coatings applied after the add-on control was shut 
down, but you would also no longer need to demonstrate compliance with 
the operating limits. In both cases, your 12-month compliance 
calculations would include a period when the control device was in use 
and a period when it was not. As you moved through time and performed 
subsequent monthly compliance calculations, the fraction of coating 
activity under the previous compliance option would decrease and the 
fraction under the current compliance option would increase.
    Comment: One commenter requested that the HAP content of thinners 
and solvents not be restricted to absolute zero for the compliant 
materials option because thinners and solvents can pick up trace 
amounts of HAP during the recycling process.
    Response: In the final rule, we have clarified that under the 
compliant materials compliance option, thinners and cleaning solvents 
do not need to be absolutely zero-HAP. We have included a definition of 
non-HAP materials based on common reporting thresholds that are already 
in use. Thinners and other additives, cleaning solvents, and coatings 
are considered non-HAP as long as the organic HAP level does not exceed 
the OSHA reporting thresholds for HAP (0.1 percent by weight for OSHA-
defined carcinogens and 1.0 percent by weight for other HAP). In 
addition, we have included a provision that you do not need to 
redetermine the organic HAP content of solvents that are recycled off-
site, if you have documentation showing that you received back the 
exact same solvent you originally sent off-site for recycling. This 
documentation ensures that the solvent you receive back does not 
represent a potential net increase in the organic HAP being brought to 
the site. The final rule contains a provision that you do not need to 
redetermine the organic HAP content of solvent recycled on site.
    Comment: One commenter suggested that HAP emissions from storage, 
mixing, conveying, and waste management of coatings, thinners, cleaning 
materials, and associated wastes should be explicitly excluded in the 
emission calculations in the rule. The commenter noted that it is 
difficult to directly quantify these emissions and that there is often 
a lack of general agreement on how to quantify such losses. The 
commenter also noted that EPA stated in the preamble to the proposed 
rule that we were not able to obtain data to adequately quantify HAP 
emissions from storage, mixing, and waste handling (67 FR 52790).
    Response: Under the compliant material option you must 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.  63.3890, and that each thinner, additive, and cleaning material 
used contains no organic HAP. The compliant material option focuses on 
the organic HAP content of coatings, thinners, additives, and cleaning 
materials as received from the manufacturer or supplier and prior to 
any alteration. No separate or direct accounting of emissions from 
storage, mixing, and conveying of coatings, thinners, additives, 
cleaning materials and associated wastes is required under the 
compliant material option. Such an accounting clearly is not needed 
when each coating is a compliant coating and each thinner, additive, 
and cleaning material contains no organic HAP.
    Under the emission rate without add-on controls option and the 
emission rate with add-on controls option all of the organic HAP 
content of coatings, thinners, additives, and cleaning materials is 
initially assumed to be emitted. (See calculation of the terms A, B, 
and C in Sec.  63.3951(e).) Any emissions from storage, mixing, and 
conveying of coatings, thinners, additives, cleaning materials, and 
associated wastes are implicitly included in this assumption. The rule 
does include provisions which allow for reclaimed materials to be 
excluded from material usage. (See introductory language to Sec.  
63.3951.) The rule also includes provisions for the organic HAP in 
waste materials sent or designated for shipment to a hazardous waste 
TSDF for treatment or disposal to be excluded from the total mass of 
organic HAP emissions. No separate or direct accounting of emissions 
from storage, mixing, and conveying of coatings, thinners, additives, 
cleaning materials, and associated wastes is required under either the 
emission rate without add-on controls option or the emission rate with 
add-on controls option. Such an accounting clearly is not needed when 
all of the organic HAP content of coatings, thinners, additives, and 
cleaning materials is initially assumed to be emitted and provisions 
are made to exclude reclaimed materials from material usage and to 
exclude organic HAP in waste materials sent or designated for shipment 
to a hazardous waste TSDF for treatment or disposal to be excluded from 
the total mass of organic HAP emissions.
    We agree that no separate or direct accounting of emissions from 
storage, mixing, and conveying of coatings, thinners, additives, 
cleaning materials, and associated wastes is required under this rule. 
We believe that this is sufficiently clear in the final rule. We have 
not made any changes in the final rule in regard to this comment.

I. Methods for Expressing Organic HAP Content of Coatings

    Comment: Several commenters stated that the emission limits should 
be in units of pounds of HAP per gal of coating (lbs HAP/gal coating), 
rather than lbs HAP/gal solids to be consistent with existing permits 
and State coating rules. One commenter noted that changing the units 
from lb/gal coating to lb/gal solids would not allow the facility to 
continue to track performance improvements from VOC emission reduction 
initiatives. One commenter, a representative of the recreational 
vehicle industry, stated that using lb organic HAP/gal solids would be 
consistent with other coating rules that affect the recreational 
vehicle industry.
    Response: The emission limits in many State VOC rules for 
miscellaneous metal parts coating are expressed in units of mass of VOC 
per volume of coating less water and less exempt compounds. Similar 
units were used for the emission limit recommendations in the 1978 
guidance document for this source category titled Control of Volatile 
Organic Emissions from Existing Stationary Sources--Volume VI: Surface 
Coating of Miscellaneous Metal Parts and Products (EPA-450/2-78-015). 
These ``less water'' units are difficult to work with and are 
impractical for facilities with add-on control equipment. As a result 
of 1987 EPA guidance (52 FR 45108, November 24, 1987), some States have 
changed their VOC limits to mass of VOC per volume of solids, and most 
States have added alternative limits in units of mass of VOC per volume 
of solids for facilities with add-on control equipment.
    The use of ``less water'' units for HAP in the final rule would 
lead to even more difficulties and probable confusion. In order to 
provide a meaningful basis for comparison of the HAP content of 
different coatings, the

[[Page 150]]

units would need to be mass of HAP per volume of coating less water and 
less non-HAP organic volatiles. Most coatings contain non-HAP organic 
volatiles. In order to express the HAP content of such coatings in 
these units, the weight fraction and density of each non-HAP organic 
volatile would be needed. This could be a significant additional data 
gathering burden. In addition, these units would be unworkable for 
facilities with add-on control equipment.
    Comment: Additional commenters objected to expressing the emission 
limits in lb organic HAP/gal solids, claiming that this unit of measure 
is hard to understand and verify for several reasons: Estimating gal of 
solids is based on theoretical calculations; manufacturers do not 
routinely measure gal solids; and the two ASTM methods specified for 
measuring volume solids, ASTM Methods D2697-86 (Reapproved 1998) and 
D6093-97, are inaccurate and costly to run. The commenter also 
specifically claimed that the emission limits were based on an 
arbitrarily chosen default density for coating solids. The commenters 
recommended using lb organic HAP/lb coating solids because this metric 
is readily available from the manufacturers, is based on a reliable 
method, and is more universally used by the surface coating industry.
    Response: Many Federal and State VOC rules use units of mass of VOC 
per volume of solids. In over 20 years of use, there have been no 
significant difficulties identified or reported in the use or 
understanding of these units. The volume solids content of coatings is 
routinely used by both coating manufacturers and coating users as a 
measure of coverage. The survey data that EPA collected on 
miscellaneous metal parts and products coatings indicate that volume 
solids data are commonly available.
    The test methods for volume solids are one option for generating 
volume solids content data. Formulation data for volume solids may also 
be used. The final rule states that the test method results will take 
precedence unless, after consultation, you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    The emissions limits were, in part, determined by using a standard 
VOC density to convert State emission limits from units of mass of VOC 
per volume of coating less water and less exempt compounds to mass of 
VOC per volume of solids. The VOC density used for this conversion was 
7.36 lbs per gal. This VOC density was used in EPA's 1978 guidance for 
this source category and is commonly used for converting emissions 
limits for this source category from a ``less water'' to a volume 
solids basis. This document is ``Control of Volatile Organic Emissions 
from Existing Stationary Sources--Volume VI: Surface Coating of 
Miscellaneous Metal Parts and Products,'' EPA-450/2-78-015. The density 
of coating solids is not needed and was not used to make this 
conversion.
    Comment: One commenter requested that the final rule clarify how 
powder coatings can be used in calculations to show compliance with the 
emission rate option. The commenter noted that the compliance units and 
equations are based on volume, which is not applicable for non-liquid 
coatings, which are purchased by weight. The commenter suggested that 
the rule include a method for determining the density of powder 
coatings so the gal of solids for powder coatings can be determined.
    Response: In the final rule, you may include the solids from powder 
coatings in the denominator for the emission rate calculations in the 
emission rate without add-on controls and the emission rate with add-on 
controls compliance options. By allowing facilities to include powder 
coatings in the compliance demonstrations, we hope to encourage greater 
use of this lower-emitting technology. The final rule includes ASTM 
Method D5965-02, ``Standard Test Method for Specific Gravity of Coating 
Powders,'' to measure the density of powder coatings. The density (or 
applied coating solids density) is density of the powder coating after 
application and curing. The bulk density (or apparent density) of the 
powder coating prior to application cannot be used in the compliance 
calculations because the bulk density will include air spaces in the 
powder that are not present in the cured coating.
    Comments: One commenter stated that the final rule should allow 
sources or materials suppliers to use alternatives to EPA Method 24 to 
determine the amount of HAP that is actually emitted from reactive 
adhesives as they are used. The proposed rule and associated test 
methods assumed that all HAP contained in coatings or additives are 
emitted. However, in reactive adhesives, some of the HAP species react 
with other ingredients to form solids and are not emitted to the 
atmosphere. Therefore, the amount of HAP emitted can be significantly 
less than the amount of HAP present in the liquid adhesive.
    Response: An alternative method for determining the fraction of HAP 
emitted from reactive adhesives has been included in appendix A to 
subpart PPPP 40 CFR part 63. Sources using reactive adhesives may use 
this method for demonstrating compliance based on the organic HAP 
actually emitted, rather than using Method 311, Method 24, or 
composition data. The method relies on preparing a sample (of known 
weight) of the adhesive as it will be applied, allowing it to fully 
cure, baking the sample, and then weighing the cured adhesive to 
determine the weight loss. The weight loss represents the volatile 
fraction that is emitted from the adhesive.

J. High Performance Coatings

    Several commenters suggested that EPA expand the definition of high 
performance coating to include several types of specialized coatings: 
Paints for offshore oil platform structures, extreme performance 
oilfield coatings, and coatings exposed to food grade products in rail 
tank cars and in drums.
    Two commenters requested that EPA expand the definition of high 
performance coating to include paints used for off shore oil platforms 
since general use coatings cannot withstand saltwater. The commenters 
noted that in Louisiana, the coatings used for large off shore 
structures are subject to the same State limits as those for the 
shipbuilding and ship repair industry and are not subject to the 
general use limits in the State miscellaneous metal parts and products 
rule. The commenters also noted that the definition of coating in the 
State rule and the Shipbuilding and Ship Repair NESHAP includes just 
paints and thinners, but the definition in the Miscellaneous Metal 
Parts and Products NESHAP includes adhesives, caulks, and cleaning 
solvents.
    One commenter requested that extreme performance oilfield coatings 
should be included in the definition of high performance coating. 
According to the commenter, internal oilfield pipe coatings must 
withstand elevated temperature (as high as 400 degrees Fahrenheit), 
extreme pressure, corrosive materials, and abrasive service and these 
criteria are generally considered in defining the extreme performance 
category used in California VOC rules. According to the commenter, 
approximately 15 plants perform oilfield equipment coating.
    Another commenter suggested that high performance coatings should 
include ``extreme performance coatings'' as defined by South Coast Air 
Quality Management District Rule 1107 with the addition of coatings 
exposed to food grade commodities. The commenter argued that this 
revision is needed for coatings used on rail tank car interiors

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and exteriors to protect them from harsh chemicals or food grade 
products such as wine and noted that coatings used in tank cars 
carrying food must meet FDA requirements. The commenter explained that 
tank car exteriors are exposed to spillage, fumes, salt air, snow, and 
temperature extremes.
    One commenter added that EPA should expand the high performance 
coatings category to include the coatings applied to the interior of 
drums and pails to protect substrates from hazardous materials and 
safeguard food-grade products and prevent leakage. The commenter asked 
that EPA acknowledge that interior coatings for steel and other metal 
drums and pails are universally accepted as high performance coatings.
    Response: We analyzed the metal parts survey data that represented 
the types of coating operations that the commenters argued should be 
included in the high performance coating category. In all cases, we 
found that the general use emission limit is achievable for these types 
of coating operations. The commenters submitted no coating HAP content 
data to support the need for including these coating types in the 
definition of high performance coatings.
    The metal parts database includes data for facilities that coat off 
shore oil platforms and internal oilfield pipes. These data indicate 
that these facilities could comply with the general use emission limit. 
Therefore, based on the information available to the Administrator, the 
final rule does not include oil platform and internal oilfield pipe 
coatings in the definition of high performance coatings.
    The metal parts database includes data from 21 sources performing 
coating operations on rail cars. These data indicate that the general 
use emission limit is achievable for these types of sources. Therefore, 
we did not write the final rule to include rail tank car interior or 
exterior coatings in the definition of high performance coatings.
    The metal parts database includes data from 17 sources performing 
drum coating operations. These data indicate that the general use 
emission limit is achievable for these types of sources. Therefore, we 
did not write the final rule to include coatings applied to pails and 
drums in the definition of high performance coatings.
    Comment: One commenter suggested that extreme performance 
fluoropolymer (EPFP) coatings should be exempt from the final rule or 
subject to the limit for high performance coatings. According to the 
commenter, these coatings are used when one or more of several 
performance criteria are required including creating a non-stick 
surface, providing solid film lubrication, providing chemical 
resistance, providing resistance to a wide range of temperatures, 
complying with certain FDA specifications, and others. The commenter 
claimed that water-borne EPFP coatings, for many applications, do not 
achieve satisfactory abrasion resistance, adhesion, thinness, and other 
performance criteria.
    The commenter offered a definition of EPFP coatings, data on the 
HAP content of ten different EPFP coatings, and an estimate of national 
HAP emissions from EPFP coatings. According to the commenter, total 
estimated EPFP coating use is about 60,000 gal nationally with HAP 
emissions of about 45 tpy. The HAP content of the ten EPFP coatings 
submitted by the commenter ranged from 1.1 lb organic HAP/gal solids to 
12.4 lb organic HAP/gal solids. The commenter did not provide any data 
on representative emission rates from EPFP coating operations. Data on 
HAP content for only a few of these coatings were included in the metal 
parts database, but these data were consistent with the data provided 
by the commenter.
    Response: Based on the HAP content data and performance 
requirements fulfilled by EPFP coatings, we agree that EPFP coatings 
should not be subject to the general use emission limit. Therefore, the 
final rule includes a subcategory for EPFP coatings subject to an 
emission limit for new and existing sources of 1.5 kg organic HAP/liter 
coating solids (12.4 lb organic HAP/gal coating solids) used based on 
the data received with the public comments. This limit is more 
stringent than the high performance limit because the data provided by 
the commenter indicate that these coatings can meet a more stringent 
limit. Since sufficient data were available to establish a HAP content 
limit for these coatings, an exemption for these coatings is not needed 
in the final miscellaneous metal parts rule.
    Comment: One commenter requested that the final rule exempt the 
coating of NASA launch support equipment or include the coating of this 
equipment in the surface coating NESHAP being developed for defense 
land systems and miscellaneous equipment. The commenter explained that 
these coatings have unique performance requirements, such as the 
ability to withstand the exhaust from rocket engines, and the coatings 
that meet these requirements must be qualified for use under NASA 
specifications.
    Response: We agree that the coatings used on NASA launch support 
equipment have unique performance requirements. These performance 
requirements and the coatings needed to meet them will require further 
analysis before emission limits can be established. Since the process 
for qualifying coatings under NASA specifications is similar to the 
process of qualifying coatings for use under military specifications, 
these coating operations will be included in the development of the 
surface coating NESHAP being developed for defense land systems and 
miscellaneous equipment.

K. Compliance Requirements for Sources With Add-on Controls

    Comment: Several commenters stated that the compliance calculations 
in Sec.  63.3961(h) as proposed should not use an assumption of zero-
efficiency when deviations occur. According to one commenter, any 
quantitative data on emissions should be allowed to be considered if 
agreed to by the enforcing agency. Other commenters stated that a 
source should be allowed to demonstrate through monitoring of other 
parameters, compliance with standard procedures, or other means (such 
as fuel consumption or manual temperature recordings) that some or all 
of the emissions were controlled. One commenter requested that EPA 
allow a facility to estimate capture or destruction efficiency during 
deviations, based on design data or test data. One commenter stated 
that facilities should be able to test over a range of operating 
conditions, so that the source can estimate control efficiency during 
the deviation rather than having to assume zero-percent efficiency in 
the compliance calculations.
    Response: If a source has manually collected parameter data 
indicating that an emission capture system or control device was 
operating normally during a parameter monitoring system malfunction, 
these data could be used to support and document a different control 
efficiency, and the source would not have to assume zero-percent 
efficiency.
    If a source has data indicating the actual performance of an add-on 
emission capture system and control device (e.g., data from previous 
tests measuring percent capture at reduced flow rates or percent 
destruction efficiency at reduced thermal oxidizer temperatures) during 
a deviation from operating limits, then the source may use the actual 
performance in determining compliance, if the use of the data is 
approved by the Administrator. The final rule does not allow a source 
to otherwise estimate the efficiency of a capture system or control

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device during a deviation because this would provide no assurance of 
the quality of the data used in the compliance calculation.

L. Compliance Requirements for Magnet Wire Sources

    Comment: Several commenters from the magnet wire industry argued 
that the testing and monitoring provisions for sources with add-on 
controls were not applicable to magnet wire coating machines. The 
commenters noted that magnet wire coating machines require an oven to 
cure the coating that is applied to the wire as it passes through the 
machine. The heat used to maintain the temperature of the oven is 
provided by the combustion of the solvents that are evaporated from the 
coating. Although a supplemental burner or heater is used to heat the 
oven at startup, once the oven is running, the temperature is 
maintained only by combustion of the solvent vapors. Combustion is 
maintained in modern ovens by a bed of catalyst that is located in the 
recirculating gas stream within the oven. In some older ovens, a burner 
tube is used in place of the catalyst bed to maintain temperature, 
although the solvent vapors are still the primary source of fuel for 
the oven. Air is re-circulated from an evaporative zone in the oven, 
through the catalyst bed or burner tube, and back to the evaporative 
zone. A fraction of the air is vented to the atmosphere after 
combustion and replaced with air drawn in through the openings in the 
oven to maintain oxygen levels inside the oven.
    According to the commenters, magnet wire ovens are different from 
other surface coating sources in several ways. First, the coating is 
applied by an automated machine that runs continuously until the 
product on that machine is changed. Second, the curing oven is 
essentially a narrow tube and is different from a spray booth or other 
type of enclosure used in other coating operations. Third, the catalyst 
bed or burner tube in the curing oven is integral to the curing oven 
and it must function properly to make a salable product. If the curing 
oven, catalyst bed, or burner tube malfunction, the machine cannot make 
a product, regardless of the air quality impacts of the malfunction. 
Therefore, proper operation of the machine is inherently consistent 
with good air pollution control practices.
    The commenters argued that these differences make the testing and 
monitoring requirements for sources with add-on controls inappropriate 
for magnet wire coating machines. In particular, emissions at the inlet 
of the burner tube or catalyst bed cannot be measured in order to 
determine destruction efficiency across the burner tube or catalyst 
bed. Measuring destruction efficiency is also complicated by the fact 
that the oven recirculates emissions before a portion of the flow is 
vented to the atmosphere.
    The commenters also noted that since magnet wire ovens are 
different from spray booths and other types of enclosures, the capture 
efficiency monitoring provisions are inappropriate. Since workers must 
access the wire inlets and outlets of the ovens while the machines are 
operating, it would be difficult to maintain the operating limits 
specified for enclosures used with add-on controls. Worker access would 
also prevent many ovens from meeting the criteria for permanent total 
enclosures.
    Finally, the commenters noted that many magnet wire facilities have 
dozens, and occasionally hundreds, of magnet wire coating machines and 
that each machine has its own oven and burner tube or catalyst bed. 
Therefore, it would be overly burdensome to require emission testing of 
each magnet wire coating machine as part of an initial compliance 
demonstration and to require continuous parameter monitoring to 
demonstrate ongoing compliance. The commenters proposed changes 
included alternative emission testing and monitoring provisions.
    Response: We agree with the commenters that magnet wire facilities 
are substantially different from other surface coating sources with 
conventional capture systems and add-on controls, and these differences 
were not reflected in the proposed rule. The final rule incorporates 
emission testing and parameter monitoring provisions that reflect the 
practical constraints of this industry.
    The final rule includes alternative procedures for capture 
efficiency and destruction efficiency measurement where the control 
device is internal and integral to the oven so that it is difficult or 
infeasible to make gas measurements at the inlet to the control device. 
These alternative procedures for the magnet wire industry have been 
consolidated into appendix A to the final rule.
    The alternative procedures determine the organic carbon content of 
the volatile matter entering the control device based on the quantity 
of coating used, the carbon content of the volatile portion of the 
coating, and the efficiency of the capture system. The organic carbon 
content of the control device outlet (oven exhaust for ovens without an 
external afterburner) is determined using Method 25 or 25A. You do not 
need to test every magnet wire coating machine. Instead, with approval 
you may test a single unit that represents identical or very similar 
magnet wire coating machines. We agree with the commenters that 
identical or very similar magnet wire coating machines achieve very 
similar capture and control device efficiencies, and it would be overly 
burdensome to test every machine at a facility. However, it is 
important to note that every untested magnet wire coating machine must 
comply with the operating limits that are established during the 
performance test of the representative unit.
    If the capture system for a magnet wire coating machine meets the 
definition of a permanent total enclosure, then you may assume capture 
efficiency is 100 percent and no measure of capture efficiency is 
needed. Otherwise, capture efficiency can be measured using a liquid-
to-uncaptured-gas protocol using a temporary total enclosure, or an 
alternative capture efficiency protocol meeting data quality objectives 
or lower confidence limits as described in appendix A to the National 
Emission Standards for the Printing and Publishing Industry (40 CFR 
part 63, subpart KK). These approaches are more appropriate when it is 
difficult or infeasible to make gas measurements at the inlet to the 
control device for measuring capture efficiency with a gas-to-gas 
protocol.
    Capture efficiency of each magnet wire coating machine will be 
monitored by requiring each oven to be fitted with an interlock that 
will stop the coating process or with an alarm that will sound if a fan 
becomes inoperable or if the oven begins to overheat. Overheating is an 
indirect indicator that a fan in the oven is inoperable. Each oven must 
also be checked once every 6 months with a smoke stick to ensure that 
air is being pulled into the oven.
    An alternative procedure for monitoring catalytic oxidizers on 
magnet wire coating machines is provided in appendix A of the final 
rule. This alternative allows you to develop and implement an 
inspection and maintenance plan as described in appendix A of the final 
rule and to measure the temperature either before or after the catalyst 
bed and compare the measured temperature to the operating limit. In 
addition to the inspection and maintenance plan, you must either 
perform periodic catalyst activity checks, or check the concentration 
of organic compounds in the oven exhaust.
    Comment: Two commenters argued that annual sampling of catalyst 
activity in Sec.  63.3967(b)(4)(i) as proposed is too frequent and 
would cause excessive downtime and unreasonable costs to

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remove and sample the catalyst for the magnet wire industry. The 
commenter noted that catalyst beds routinely perform at compliance 
levels for 2 or more years. The commenter believes that the final rule 
should require periodic sampling following the manufacturer's and 
catalyst supplier's recommended schedule and procedures and dictated by 
unit operation and maintenance records. In addition, the commenter 
stated that it is not necessary to conduct a performance test whenever 
the catalyst is replaced. Replacing the catalyst in itself ensures 
compliance, as long as the operating limits specified in Table 1 of the 
rule as proposed are achieved.
    Response: We agree with the commenter that periodic sampling and 
analysis of the catalyst activity is sufficient for the magnet wire 
industry because the catalyst bed is integral to the proper functioning 
of the oven and the coating process. Therefore, for the magnet wire 
industry, periodic sampling and analysis consistent with the catalyst 
suppliers recommendations are sufficient. We also agree that 
replacement of the catalyst bed generally does not require a new 
performance test. Therefore, the final rule does not require a new test 
as long as the catalyst is similar to the old catalyst in kind and 
quality. Otherwise, a new test will be required.
    Comment: Two commenters contended that the proposed requirements in 
Sec.  63.3967(b)(4)(ii) and (iii) to perform monthly inspections of 
catalytic oxidizers are not practical or necessary for magnet wire 
coating machines because the burners and catalyst beds are inside the 
machine and integral to the proper functioning of the coating process. 
The commenters suggested a monthly external inspection and an annual 
internal inspection.
    Response: We agree with the commenters that the proposed provisions 
were not practical or necessary for magnet wire sources. The final rule 
requires a monthly external inspection and an annual internal 
inspection. The annual internal inspection is not required for internal 
catalysts which cannot be accessed without disassembling the oven.

V. Summary of Environmental, Energy, and Economic Impacts

    Model plants were developed to aid in estimating the impacts the 
final rule would have on miscellaneous metal parts and products surface 
coating operations. Five model plants distinguished by size, as 
measured by the total volume of coating solids used, were developed. 
Impacts were then developed for each model plant, and these individual 
impacts were scaled to nationwide levels based on the number of 
facilities corresponding to each model plant size. We used the model 
plant approach because we did not have adequate data to estimate 
impacts for each actual facility.
    A variety of compliance methods are available to the industry to 
meet the emission limits. We analyzed the information obtained from the 
industry survey responses, industry site visits, trade groups, and 
industry representatives to determine which compliance methods would 
most likely be used by existing and new sources. We expect that the 
most widely-used method for existing sources would be low-HAP content 
liquid coatings (coatings with HAP contents at or below the emission 
limits). Powder coatings, non-HAP cleaning materials, and add-on 
capture and control systems would likely be used by existing sources, 
but to a lesser extent. Various combinations of these methods may be 
used. New sources are expected to use a combination of powder coatings, 
low-HAP coatings, and non-HAP cleaning materials.
    For the purpose of assessing potential cost and emission reduction 
impacts, we assumed that all existing sources would convert to liquid 
coatings and thinners with lower-HAP content than presently used and 
non-HAP cleaning materials. We assumed that new sources would use 
either powder coatings or lower-HAP coatings and non-HAP cleaning 
materials.
    We first estimated the impacts of the emission limits on the five 
model plants. To scale up the model plant impacts to nationwide levels, 
we multiplied the individual model plant impacts by the estimated 
number of major sources in the United States corresponding to each 
plant size. We estimated that there are 1,500 existing major source 
facilities nationwide, and that an additional 45 new facilities will 
become affected sources each year.

A. What Are the Air Impacts?

    For existing major sources, we estimated that compliance with the 
emission limits would result in reductions of nationwide organic HAP 
emissions of 25,822 tpy. This represents a reduction of about 48 
percent from the 1997 baseline organic HAP emissions of 53,869 tpy.
    To estimate the impacts of the final rule on new sources, we 
estimated the percentage of new facilities that would, in the absence 
of the standards, emit HAP at levels that would exceed the final rule. 
For new sources, we believe that many will use coating technologies 
that are considered to be ``state-of-the-art'' (e.g., powder coatings 
and low-HAP liquid coatings). However, we assumed for the impacts 
estimation that the same percentage of both new and existing facilities 
would be noncomplying at baseline conditions. The baseline emission 
rate for these noncomplying facilities was assumed to be the same as 
that determined for the existing source model plants. Using these 
assumptions, we have estimated the nationwide organic HAP reductions 
resulting from new facilities complying with the final rule would be 
about 803 tpy from the 45 new sources that would become subject to the 
rule each year.
    We predict that the emission limitations will not result in any 
significant secondary air impacts. We expect that the majority of 
facilities will switch to lower-or non-organic-HAP-containing materials 
to comply with the standards, rather than installing add-on control 
devices. Thus, increases in electricity consumption (which could lead 
to increases in emissions of nitrogen oxides, sulfur dioxide, carbon 
monoxide, and carbon dioxide from electric utilities) will be minimal.

B. What Are the Cost Impacts?

    We have estimated the costs related to complying with the emission 
limitations and meeting the monitoring, recordkeeping, and reporting 
requirements. The costs to comply with the emission limitations include 
the increased cost of lower-HAP or non-HAP coating materials. 
Alternatively, facilities could choose to purchase, install, and 
operate capture systems and add-on control devices. We have assumed for 
this analysis that all affected facilities will comply through the use 
of lower-HAP containing or non-HAP coatings, thinners, and cleaning 
materials, and that these materials can be utilized without the need 
for capital expenditures. Annual costs for meeting the monitoring, 
recordkeeping, and reporting requirements of the final rule have also 
been included.
    Existing Sources. We estimate total nationwide annual costs in the 
5th year to comply with the emission limits to be $47.5 million for 
existing sources. These costs include approximately $8.9 million for 
direct costs associated with material usage and $38.6 million for 
recordkeeping and reporting.
    To comply with the final rule, existing facilities will likely use 
lower-HAP or non-HAP coatings, thinners, and cleaning materials because 
such materials are generally available and becoming more widely 
available each year. Compliance costs were estimated

[[Page 154]]

to be the incremental cost difference between the materials currently 
used and the complying materials. Estimates of cost impacts were based 
on five model plants that were developed to represent the range of 
sizes and coating materials found throughout the industry. Each model 
plant was assumed to comply with the final rule by switching to non-HAP 
adhesives, surface preparation materials and cleaning materials and 
reducing the organic HAP content of the coatings and thinners. The 
annual incremental cost of the reformulated raw materials ranged from 
approximately $2,635 for model plant 1, representing the segment of 
industry with the lowest coating solids usage; to $114,540 for model 
plant 5, representing the segment of industry that uses over 75,000 gal 
of coating solids. The nationwide cost impact was estimated for each 
industry segment by multiplying the annual costs for each model plant 
by the number of facilities represented by that model plant. A total 
nationwide cost impact associated with material usage was estimated by 
summing the nationwide costs for each of the five industry segments. In 
addition, we included estimates for monitoring, recordkeeping, and 
reporting costs for all 1,500 existing affected sources.
    New Sources. We estimated total nationwide annual costs in the 5th 
year to comply with the emission limits to be $9.8 million for new 
sources. These costs include approximately $3.6 million for direct 
costs associated with material usage and $6.2 million for the costs of 
recordkeeping and reporting. These costs were estimated applying the 
same assumptions for estimating costs for existing sources. We 
estimated the number of new major sources to be 45 per year, based on 
an average growth rate of 3 percent per year.

C. What Are the Economic Impacts?

    We prepared an economic impact analysis (EIA) to provide an 
estimate of the impacts the proposed rule would have on facilities, 
firms, and markets within this source category. Given the wide 
diversity of products that will be affected by the final rule, EPA 
relied upon estimated compliance costs and publicly available financial 
data on affected firms to determine these impacts.
    In general, we expect the economic impacts of the final rule to be 
minimal, with little or no change in market prices or production. 
Therefore, no adverse impact will occur for those industries that 
consume coated metal parts such as building and construction, 
transportation equipment and vehicle parts, and other industrial and 
consumer products.
    Based on the industry survey responses, EPA was able to identify 
176 companies that owned 321 potentially affected facilities within 
this source category. Of this total, we obtained sales data for 147 
companies and net income data for 76 companies. For those companies 
with sales data, the EIA indicates that these regulatory costs average 
less than 0.1 percent of company sales with a range from zero to 1.25 
percent. For those companies with net income data, these regulatory 
costs average 0.2 percent of company net income with a range from zero 
to 3.6 percent. This analysis indicates that the cost of the final rule 
should not cause producers to cease or significantly alter their 
current operations. Hence, no firms or facilities are expected to be at 
risk of closure because of the final rule. For more information, 
consult Docket ID No. OAR-2003-0116 (formerly Docket No. A-97-34).

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 lower-HAP or non-HAP content coatings, 
thinners, and cleaning materials at existing sources would result in 
any increase or decrease in non-air health, environmental, and energy 
impacts. There would be no change in the utility requirements 
associated with the use of these materials, so there would be no change 
in the amount of energy consumed as a result of the material 
conversion. Because new sources are expected to comply with the final 
rule through the use of lower-HAP or non-HAP coating technologies 
rather than add-on control devices, there would be no significant 
change in energy usage.
    We estimate that the emission limitations will have a minimal 
impact on water quality because only a few facilities are expected to 
comply by making process modifications or by using add-on control 
devices that would generate wastewater. However, because many lower-HAP 
and non-HAP materials are waterborne, an increase in wastewater 
generation from cleaning activities may result. Although additional 
wastewater may be generated by facilities switching to waterborne 
coatings, the amount of wastewater generated by these facilities is not 
expected to increase significantly. We also estimate that the emission 
limitations will result in a decrease in the amount of both solid and 
hazardous waste from facilities, as the majority of facilities will be 
using lower-organic-HAP-containing materials which will result in a 
decrease in the amount of waste materials that will have to be disposed 
of as hazardous.

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

B. Paperwork Reduction Act

    The information collection requirements in the final rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq. The information collection requirements are not 
enforceable until OMB approves them.
    The information collection requirements are based on notification, 
recordkeeping, and reporting requirements in the NESHAP General 
Provisions (40 CFR part 63, subpart A), which are mandatory for all 
operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to EPA policies set 
forth in 40 CFR part 2, subpart B.

[[Page 155]]

    The final rule requires maintaining records of all coatings, 
thinners, and cleaning materials data and calculations used to 
determine compliance. This information includes the volume used during 
each 12-month compliance period, mass fraction of organic HAP, density, 
and, for coatings only, volume fraction of coating solids.
    If an add-on control device is used, records must be kept of the 
capture efficiency of the capture system, destruction or removal 
efficiency of the add-on control device, and the monitored operating 
parameters. In addition, records must be kept of each calculation of 
the affected sourcewide emissions for each 12-month compliance period 
and all data, calculations, test results, and other supporting 
information used to determine this value.
    The monitoring, recordkeeping, and reporting burden in the 5th year 
after the effective date of the promulgated rule is estimated to be 
824,343 labor hours at a cost of $44.76 million for new and existing 
sources.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose, or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any previously applicable instructions and requirements; 
train personnel to be able to respond to a collection of information; 
search data sources; complete and review the collection of information; 
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations are listed in 40 CFR part 9. When this information 
collection request is approved by OMB, the Agency 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 purposes 
of assessing the impact of the final rule on small entities, small 
entity is defined as: (1) A small business according to Small Business 
Administration (SBA) size standards by NAICS code ranging from 100 to 
1,000 employees or less than $5 million in annual sales; (2) a small 
governmental jurisdiction that is a government of a city, town, county, 
school district, or special district with a population of less than 
50,000; or (3) a small organization that is any not-for-profit 
enterprise that is independently operated and is not dominant in its 
field. It should be noted that companies affected by the final rule and 
the small business definition applied to each industry by NAICS code is 
that listed in the SBA size standards (13 CFR part 121).
    After considering the economic impacts of the final rule on small 
entities, EPA has concluded that this action will not have a 
significant economic impact on a substantial number of small entities. 
For purposes of assessing the impacts of the final rule on small 
entities, EPA conducted an assessment of the final rule on small 
businesses within the miscellaneous metal parts source category. Based 
on SBA size definitions and reported sales and employment data, EPA's 
survey identified 29 of the 147 companies owning major source 
facilities as small businesses. The average (median) total annual 
compliance cost is projected to be $59,000 ($36,000) per small company. 
Under the final rule, the average (median) annual compliance cost share 
of sales for small businesses was only 0.25 (0.04) percent with a range 
of zero to 1.25 percent.
    Although the final rule will not have a significant economic impact 
on a substantial number of small entities, EPA nonetheless has worked 
aggressively to minimize the impact of the final rule on small 
entities. We solicited input from small entities during the data-
gathering phase of the rulemaking. We are promulgating 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 lower-or non-HAP coatings, 
thinners, and cleaning materials (i.e., pollution prevention) that meet 
the final rule rather than being required to purchase add-on control 
systems. The lower- or non-HAP option can be demonstrated with minimum 
burden by using already-maintained purchase and usage records. No 
testing of materials would be required as the facility owner could show 
that their coatings meet the emission limits by providing formulation 
data supplied by the manufacturer.
    We are also providing one option that allows compliance 
demonstrations to be conducted on a rolling 12-month basis, meaning 
that the facility would each month calculate a 12-month organic HAP 
emission rate for the previous 12 months to determine compliance. This 
will give affected small entities extra flexibility in complying with 
the emission limits since small entities are more likely to use lower 
monthly volumes and/or a limited number of materials. Furthermore, we 
are promulgating the minimum monitoring, recordkeeping, and reporting 
requirements needed for enforcement and compliance assurance.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under Section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and

[[Page 156]]

informing, educating, and advising small governments on compliance with 
the regulatory requirements.
    The EPA has determined that the final rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
to State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annual cost of the 
final rule for any 1 year has been estimated to be about $57.5 million. 
Thus, the final rule is not subject to the requirements of sections 202 
and 205 of the UMRA. In addition, 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, the final rule is not subject to the requirements of Section 
203 of the 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'' are defined in the Executive Order to include 
regulations that have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
    The final rule does not have federalism implications. It will not 
have substantial direct effects on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. Pursuant to the terms of 
Executive Order 13132, it has been determined that the final rule does 
not have ``federalism implications'' because it does not meet the 
necessary criteria. Thus, Executive Order 13132 does not apply to the 
final rule.

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. The EPA is not 
aware of tribal governments that own or operate miscellaneous metal 
parts and products surface coating facilities. Thus, Executive Order 
13175 does not apply to the final rule.

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

    Executive Order 13045 (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 does not establish 
environmental standards based on an assessment of 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 energy action'' 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113; section 12(d) (15 U.S.C. 272 
note) directs EPA to use voluntary consensus standards (VCS) in its 
regulatory 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 involves technical standards. The EPA cites the 
following standards in the final rule: EPA Methods 1, 1A, 2, 2A, 2C, 
2D, 2F, 2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A-F, 311, and an 
alternative method to determine weight volatile matter content and 
weight solids content for reactive adhesives. 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, 311, and an 
alternative method to determine weight volatile matter content and 
weight solids content for reactive adhesives. The search and review 
results have been documented and are placed in Docket ID No. OAR-2003-
0116 (formerly Docket No. A-97-34).
    Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93 are already 
incorporated by reference (IBR) in EPA Method 24. In addition, we are 
separately specifying the use of ASTM D1475-98, ``Standard Test Method 
for Density of Liquid Coatings, Inks, and Related Products,'' for 
measuring the density of each coating, thinner and/or additive, and 
cleaning material. Five VCS: ASTM D1979-91, ASTM D3432-89, ASTM D4747-
87, ASTM D4827-93, and ASTM PS9-94 are IBR in EPA Method 311.
    Two VCS were identified for determining the volume fraction of 
coating solids for the final rule. The VCS are ASTM D2697-86 
(Reapproved 1998), ``Standard Test Method for Volume Nonvolatile Matter 
in Clear or Pigmented Coatings,'' and ASTM D6093-97 (Reapproved 2003), 
``Standard Test Method for Percent Volume Nonvolatile Matter in Clear 
or Pigmented Coatings Using a Helium Gas Pycnometer.'' These VCS fill a 
void in EPA Method 24 which directs that volume solids content be 
calculated from the coating manufacturer's formulation. The final rule 
does allow for the use of the volume solids content values calculated 
from the coating manufacturer's formulation; however, test results will 
take precedence if they do not agree with calculated values, unless 
after consultation you demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct. In addition, 
ASTM D5965-02, ``Standard Test Methods for Specific Gravity of Coating 
Powders,'' is specified in the final rule as a method to determine the 
volume solids of powder coatings.
    The VCS, ASTM D5291-02, ``Standard Test Methods for Instrumental 
Determination of Carbon,

[[Page 157]]

Hydrogen, and Nitrogen in Petroleum Products and Lubricants,'' is 
specified in this rule to determine the weight fraction carbon content 
of each volatile distillate fraction obtained with Method 204F.
    The VCS, ASTM D6053-00, ``Standard Test Method for Determination of 
Volatile Organic Compound (VOC) Content of Electrical Insulating 
Varnishes,'' is also specified in this rule as an alternative method to 
EPA Method 24 to determine the mass fraction of total volatile 
hydrocarbon for magnet wire enamels.
    In addition to the VCS EPA uses in the final rule, the search for 
emissions measurement procedures identified 14 other VCS. The EPA 
determined that 11 of these 14 VCS identified for measuring emissions 
of the HAP or surrogates subject to emission standards in the final 
rule are impractical alternatives to EPA test methods for the purposes 
of the final rule. Therefore, EPA does not intend to adopt the VCS for 
this purpose.
    Three of the 14 VCS identified in this 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.
    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 United States 
Senate, the United States 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. 804(2). The rule will be effective 
January 2, 2004.

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 20, 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.

Subpart A--[Amended]

0
2. Section 63.14 is amended by revising paragraphs (b)(24) (25), and 
(26), and adding new paragraphs (b)(31), (32), and (33) 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), 63.3941(b)(1), 63.4141(b)(1), 
63.4741(b)(1), 63.4941(b)(1), and 63.5160(c).
    (25) ASTM D6093-97 (Reapproved 2003), 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), 
63.3941(b)(1), 63.4141(b)(1), 63.4741(b)(1), 63.4941(b)(1), and 
63.5160(c).
    (26) ASTM D1475-98, Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products, IBR approved for Sec. Sec.  
63.3941(b)(4), 63.3941(c), 63.3951(c), 63.4141(b)(3), and 63.4141(c).
* * * * *
    (31) ASTM D5291-02, Standard Test Methods for Instrumental 
Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products 
and Lubricants, IBR approved for Sec.  63.3981, appendix A.
    (32) ASTM D5965-02, Standard Test Methods for Specific Gravity of 
Coating Powders, IBR approved for Sec.  63.3951(c).
    (33) ASTM D6053-00, Standard Test Method for Determination of 
Volatile Organic Compound (VOC) Content of Electrical Insulating 
Varnishes, IBR approved for Sec.  63.3981, appendix A.
* * * * *

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

Subpart MMMM--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Miscellaneous Metal Parts and 
Products

Sec.

What This Subpart Covers

63.3880 What is the purpose of this subpart?
63.3881 Am I subject to this subpart?
63.3882 What parts of my plant does this subpart cover?
63.3883 When do I have to comply with this subpart?

Emission Limitations

63.3890 What emission limits must I meet?
63.3891 What are my options for meeting the emission limits?
63.3892 What operating limits must I meet?
63.3893 What work practice standards must I meet?

General Compliance Requirements

63.3900 What are my general requirements for complying with this 
subpart?
63.3901 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.3910 What notifications must I submit?
63.3920 What reports must I submit?
63.3930 What records must I keep?
63.3931 In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.3940 By what date must I conduct the initial compliance 
demonstration?
63.3941 How do I demonstrate initial compliance with the emission 
limitations?
63.3942 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.3950 By what date must I conduct the initial compliance 
demonstration?
63.3951 How do I demonstrate initial compliance with the emission 
limitations?
63.3952 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.3960 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.3961 How do I demonstrate initial compliance?
63.3962 [Reserved]

[[Page 158]]

63.3963 How do I demonstrate continuous compliance with the emission 
limitations?
63.3964 What are the general requirements for performance tests?
63.3965 How do I determine the emission capture system efficiency?
63.3966 How do I determine the add-on control device emission 
destruction or removal efficiency?
63.3967 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.3968 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.3980 Who implements and enforces this subpart?
63.3981 What definitions apply to this subpart?

Tables to Subpart MMMM of Part 63

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

Appendix A to Subpart MMMM of Part 63--Alternative Capture Efficiency 
and Destruction Efficiency Measurement and Capture Efficiency 
Monitoring Procedures for Magnet Wire Coating Operations

Subpart MMMM--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Miscellaneous Metal Parts and 
Products

What This Subpart Covers


Sec.  63.3880  What is the purpose of this subpart?

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


Sec.  63.3881  Am I subject to this subpart?

    (a) Miscellaneous metal parts and products include, but are not 
limited to, metal components of the following types of products as well 
as the products themselves: motor vehicle parts and accessories, 
bicycles and sporting goods, recreational vehicles, extruded aluminum 
structural components, railroad cars, heavy duty trucks, medical 
equipment, lawn and garden equipment, electronic equipment, magnet 
wire, steel drums, industrial machinery, metal pipes, and numerous 
other industrial, household, and consumer products. Except as provided 
in paragraph (c) of this section, the source category to which this 
subpart applies is the surface coating of any miscellaneous metal parts 
or products, as described in paragraph (a)(1) of this section, and it 
includes the subcategories listed in paragraphs (a)(2) through (6) of 
this section.
    (1) Surface coating is the application of coating to a substrate 
using, for example, spray guns or dip tanks. When application of 
coating to a substrate occurs, then surface coating also includes 
associated activities, such as surface preparation, cleaning, mixing, 
and storage. However, these activities do not comprise surface coating 
if they are not directly related to the application of the coating. 
Coating application with handheld, non-refillable aerosol containers, 
touch-up markers, marking pens, or the application of paper film or 
plastic film which may be pre-coated with an adhesive by the 
manufacturer are not coating operations for the purposes of this 
subpart.
    (2) The general use coating subcategory includes all surface 
coating operations that are not high performance, magnet wire, rubber-
to-metal, or extreme performance fluoropolymer coating operations.
    (3) The high performance coating subcategory includes surface 
coating operations that are performed using coatings that meet the 
definition of high performance architectural coating or high 
temperature coating in Sec.  63.3981.
    (4) The magnet wire coating subcategory includes surface coating 
operations that are performed using coatings that meet the definition 
of magnet wire coatings in Sec.  63.3981.
    (5) The rubber-to-metal coatings subcategory includes surface 
coating operations that are performed using coatings that meet the 
definition of rubber-to-metal coatings in Sec.  63.3981.
    (6) The extreme performance fluoropolymer coatings subcategory 
includes surface coating operations that are performed using coatings 
that meet the definition of extreme performance fluoropolymer coatings 
in Sec.  63.3981.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.3882, that uses 946 liters (250 gallons (gal)) per year, or more, of 
coatings that contain hazardous air pollutants (HAP) in the surface 
coating of miscellaneous metal parts and products defined in paragraph 
(a) of this section; and that is a major source, is located at a major 
source, or is part of a major source of emissions of 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. You do not need to 
include coatings that meet the definition of non-HAP coating contained 
in Sec.  63.3981 in determining whether you use 946 liters (250 gal) 
per year, or more, of coatings in the surface coating of miscellaneous 
metal parts and products.
    (c) This subpart does not apply to surface coating or a coating 
operation that meets any of the criteria of paragraphs (c)(1) through 
(17) of this section.
    (1) A coating operation conducted at a facility where the facility 
uses only coatings, thinners and other additives, and cleaning 
materials that contain no organic HAP, as determined according to Sec.  
63.3941(a).
    (2) Surface coating operations that occur at research or laboratory 
facilities, or is part of janitorial, building, and facility 
maintenance operations, or that occur at hobby shops that are operated 
for noncommercial purposes.
    (3) Coatings used in volumes of less than 189 liters (50 gal) per 
year, provided that the total volume of coatings exempt under this 
paragraph does not exceed 946 liters (250 gal) per year at the 
facility.
    (4) The surface coating of metal parts and products performed on-
site at installations owned or operated by the Armed Forces of the 
United States (including the Coast Guard and the National Guard of any 
such State) or the National Aeronautics and Space Administration, or 
the surface coating of military munitions manufactured by or for the 
Armed Forces of the United States (including the Coast Guard and the 
National Guard of any such State).
    (5) Surface coating where plastic is extruded onto metal wire or 
cable or metal parts or products to form a coating.
    (6) Surface coating of metal components of wood furniture that meet 
the applicability criteria for wood furniture manufacturing (subpart JJ 
of this part).
    (7) Surface coating of metal components of large appliances that 
meet the applicability criteria for large appliance surface coating 
(subpart NNNN of this part).
    (8) Surface coating of metal components of metal furniture that 
meet

[[Page 159]]

the applicability criteria for metal furniture surface coating (subpart 
RRRR of this part).
    (9) Surface coating of metal components of wood building products 
that meet the applicability criteria for wood building products surface 
coating (subpart QQQQ of this part).
    (10) Surface coating of metal components of aerospace vehicles that 
meet the applicability criteria for aerospace manufacturing and rework 
(40 CFR part 63, subpart GG).
    (11) Surface coating of metal parts intended for use in an 
aerospace vehicle or component using specialty coatings as defined in 
appendix A to subpart GG of this part.
    (12) Surface coating of metal components of ships that meet the 
applicability criteria for shipbuilding and ship repair (subpart II of 
this part).
    (13) Surface coating of metal using a web coating process that 
meets the applicability criteria for paper and other web coating 
(subpart JJJJ of this part).
    (14) Surface coating of metal using a coil coating process that 
meets the applicability criteria for metal coil coating (subpart SSSS 
of this part).
    (15) Surface coating of boats or metal parts of boats (including, 
but not limited to, the use of assembly adhesives) where the facility 
meets the applicability criteria for boat manufacturing facilities 
(subpart VVVV of this part), except where the surface coating of the 
boat is a metal coating operation performed on personal watercraft or 
parts of personal watercraft. This subpart does apply to metal coating 
operations performed on personal watercraft and parts of personal 
watercraft.
    (16) Surface coating of assembled on-road vehicles that meet the 
applicability criteria for the assembled on-road vehicle subcategory in 
plastic parts and products surface coating (40 CFR part 63, subpart 
PPPP).
    (17) Reserved.
    (d) Reserved.
    (e) If you own or operate an affected source that meets the 
applicability criteria of this subpart and at the same facility you 
also perform surface coating that meets the applicability criteria of 
any other final surface coating NESHAP in this part you may choose to 
comply as specified in paragraph (e)(1), (2), or (3) of this section.
    (1) You may have each surface coating operation that meets the 
applicability criteria of a separate NESHAP comply with that NESHAP 
separately.
    (2) You may comply with the emission limitation representing the 
predominant surface coating activity at your facility, as determined 
according to paragraphs (e)(2)(i) through (ii) of this section. 
However, you may not establish high performance, rubber-to-metal, and 
extreme performance fluoropolymer coating operations as the predominant 
activity.
    (i) If a surface coating operation accounts for 90 percent or more 
of the surface coating activity at your facility (that is, the 
predominant activity), then compliance with the emission limitations of 
the predominant activity for all surface coating operations constitutes 
compliance with these and other applicable surface coating NESHAP. In 
determining predominant activity, you must include coating activities 
that meet the applicability criteria of other surface coating NESHAP 
and constitute more than 1 percent of total coating activities at your 
facility. Coating activities that meet the applicability criteria of 
other surface coating NESHAP but comprise less than 1 percent of 
coating activities need not be included in the determination of 
predominant activity but must be included in the compliance 
calculation.
    (ii) You must use liters (gal) of solids used as a measure of 
relative surface coating activity over a representative period of 
operation. You may estimate the relative volume of coating solids used 
from parameters other than coating consumption and volume solids 
content (e.g., design specifications for the parts or products coated 
and the number of items produced). The determination of predominant 
activity must accurately reflect current and projected coating 
operations and must be verifiable through appropriate documentation. 
The use of parameters other than coating consumption and volume solids 
content must be approved by the Administrator. You may use data for any 
reasonable time period of at least 1 year in determining the relative 
amount of coating activity, as long as they represent the way the 
source will continue to operate in the future and are approved by the 
Administrator. You must determine the predominant activity at your 
facility and submit the results of that determination with the initial 
notification required by Sec.  63.3910(b). You must also determine 
predominant activity annually and include the determination in the next 
semi-annual compliance report required by Sec.  63.3920(a).
    (3) You may comply with a facility-specific emission limit 
calculated from the relative amount of coating activity that is subject 
to each emission limit. If you elect to comply using the facility-
specific emission limit alternative, then compliance with the facility-
specific emission limit and the emission limitations in this subpart 
for all surface coating operations constitutes compliance with this and 
other applicable surface coating NESHAP. The procedures for calculating 
the facility-specific emission limit are specified in Sec.  63.3890. In 
calculating a facility-specific emission limit, you must include 
coating activities that meet the applicability criteria of other 
surface coating NESHAP and constitute more than 1 percent of total 
coating activities at your facility. Coating activities that meet the 
applicability criteria of other surface coating NESHAP but comprise 
less than 1 percent of total coating activities need not be included in 
the calculation of the facility-specific emission limit. Compliance 
with the facility-specific emission limit and all other applicable 
provisions of this subpart for all surface coating operations 
constitutes compliance with this and all other applicable surface 
coating NESHAP.


Sec.  63.3882  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source within each of the four subcategories listed in Sec.  
63.3881(a).
    (b) The affected source is the collection of all of the items 
listed in paragraphs (b)(1) through (4) of this section that are used 
for surface coating of miscellaneous metal parts and products within 
each subcategory.
    (1) All coating operations as defined in Sec.  63.3981;
    (2) All storage containers and mixing vessels in which coatings, 
thinners and/or other additives, and cleaning materials are stored or 
mixed;
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners and/or other additives, and cleaning 
materials; and
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a 
coating operation.
    (c) An affected source is a new affected source if you commenced 
its construction after August 13, 2002 and the construction is of a 
completely new miscellaneous metal parts and products surface coating 
facility where previously no miscellaneous metal parts and products 
surface coating facility had existed.
    (d) An affected source is reconstructed if it meets the criteria as 
defined in Sec.  63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.

[[Page 160]]

Sec.  63.3883  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.  
63.3940, 63.3950, and 63.3960.
    (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 January 2, 2004, the compliance date is January 2, 
2004.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after January 2, 2004, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is the 
date 3 years after January 2, 2004.
    (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 January 
2, 2004, whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or 3 years after January 
2, 2004, whichever is later.
    (d) You must meet the notification requirements in Sec.  63.3910 
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.  63.3890  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere from the affected source to the 
applicable limit specified in paragraphs (a)(1) through (5) of this 
section, except as specified in paragraph (c) of this section, 
determined according to the requirements in Sec.  63.3941, Sec.  
63.3951, or Sec.  63.3961.
    (1) For each new general use coating affected source, limit organic 
HAP emissions to no more than 0.23 kilograms (kg) (1.9 pound (lb)) 
organic HAP per liter (gal) coating solids used during each 12-month 
compliance period.
    (2) For each new high performance coating affected source, limit 
organic HAP emissions to no more than 3.3 kg (27.5 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.
    (3) For each new magnet wire coating affected source, limit organic 
HAP emissions to no more than 0.050 kg (0.44 lb) organic HAP per liter 
(gal) coating solids used during each 12-month compliance period.
    (4) For each new rubber-to-metal coating affected source, limit 
organic HAP emissions to no more than 0.81 kg (6.8 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.
    (5) For each new extreme performance fluoropolymer coating affected 
source, limit organic HAP emissions to no more than 1.5 kg (12.4 lb) 
organic HAP per liter (gal) coating solids used during each 12-month 
compliance period.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere from the affected source to the applicable 
limit specified in paragraphs (b)(1) through (5) of this section, 
except as specified in paragraph (c) of this section, determined 
according to the requirements in Sec.  63.3941, Sec.  63.3951, or Sec.  
63.3961.
    (1) For each existing general use coating affected source, limit 
organic HAP emissions to no more than 0.31 kg (2.6 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.
    (2) For each existing high performance coating affected source, 
limit organic HAP emissions to no more than 3.3 kg (27.5 lb) organic 
HAP per liter (gal) coating solids used during each 12-month compliance 
period.
    (3) For each existing magnet wire coating affected source, limit 
organic HAP emissions to no more than 0.12 kg (1.0 lb) organic HAP per 
liter (gal) coating solids used during each 12-month compliance period.
    (4) For each existing rubber-to-metal coating affected source, 
limit organic HAP emissions to no more than 4.5 kg (37.7 lb) organic 
HAP per liter (gal) coating solids used during each 12-month compliance 
period.
    (5) For each existing extreme performance fluoropolymer coating 
affected source, limit organic HAP emissions to no more than 1.5 kg 
(12.4 lbs) organic HAP per liter (gal) coating solids used during each 
12-month compliance period.
    (c) If your facility's surface coating operations meet the 
applicability criteria of more than one of the subcategory emission 
limits specified in paragraphs (a) or (b) of this section, you may 
comply separately with each subcategory emission limit or comply using 
one of the alternatives in paragraph (c)(1) or (2) of this section.
    (1) If the general use or magnet wire surface coating operations 
subject to only one of the emission limits specified in paragraphs 
(a)(1), (3), (b)(1), or (3) of this section account for 90 percent or 
more of the surface coating activity at your facility (i.e., it is the 
predominant activity at your facility), then compliance with that one 
emission limitations in this subpart for all surface coating operations 
constitutes compliance with the other applicable emission limits. You 
must use liters (gal) of solids used as a measure of relative surface 
coating activity over a representative period of operation. You may 
estimate the relative volume of coating solids used from parameters 
other than coating consumption and volume solids content (e.g., design 
specifications for the parts or products coated and the number of items 
produced). The determination of predominant activity must accurately 
reflect current and projected coating operations and must be verifiable 
through appropriate documentation. The use of parameters other than 
coating consumption and volume solids content must be approved by the 
Administrator. You may use data for any reasonable time period of at 
least 1 year in determining the relative amount of coating activity, as 
long as they represent the way the source will continue to operate in 
the future and are approved by the Administrator. You must determine 
the predominant activity at your facility and submit the results of 
that determination with the initial notification required by Sec.  
63.3910(b). Additionally, you must determine the facility's predominant 
activity annually and include the determination in the next semi-annual 
compliance report required by Sec.  63.3920(a).
    (2) You may calculate and comply with a facility-specific emission 
limit as described in paragraphs (c)(2)(i) through (iii) of this 
section. If you elect to comply using the facility-specific emission 
limit alternative, then compliance with the facility-specific emission 
limit and the emission limitations in this subpart for all surface 
coating operations constitutes compliance with this and other

[[Page 161]]

applicable surface coating NESHAP. In calculating a facility-specific 
emission limit, you must include coating activities that meet the 
applicability criteria of the other subcategories and constitute more 
than 1 percent of total coating activities. Coating activities that 
meet the applicability criteria of other surface coating NESHAP but 
comprise less than 1 percent of coating activities need not be included 
in the determination of predominant activity but must be included in 
the compliance calculation.
    (i) You are required to calculate the facility-specific emission 
limit for your facility when you submit the notification of compliance 
status required in Sec.  63.3910(c), and on a monthly basis afterward 
using the coating data for the relevant 12-month compliance period.
    (ii) Use Equation 1 of this section to calculate the facility-
specific emission limit for your surface coating operations for each 
12-month compliance period.
[GRAPHIC] [TIFF OMITTED] TR02JA04.002

Where:

Facility-specific emission limit = Facility-specific emission limit for 
each 12-month compliance period, kg (lb) organic HAP per kg (lb) 
coating solids used.
Limiti = The new source or existing source emission limit 
applicable to coating operation, i, included in the facility-specific 
emission limit, converted to kg (lb) organic HAP per kg (lb) coating 
solids used, if the emission limit is not already in those units. All 
emission limits included in the facility-specific emission limit must 
be in the same units.
Solidsi = The liters (gal) of solids used in coating 
operation, i, in the 12-month compliance period that is subject to 
emission limit, i. You may estimate the volume of coating solids used 
from parameters other than coating consumption and volume solids 
content (e.g., design specifications for the parts or products coated 
and the number of items produced). The use of parameters other than 
coating consumption and volume solids content must be approved by the 
Administrator.
n = The number of different coating operations included in the 
facility-specific emission limit.

    (iii) If you need to convert an emission limit in another surface 
coating NESHAP from kg (lb) organic HAP per kg (lb) coating solids used 
to kg (lb) organic HAP per liter (gal) coating solids used, you must 
use the default solids density of 1.26 kg solids per liter coating 
solids (10.5 lb solids per gal solids).


Sec.  63.3891  What are my options for meeting the emission limits?

    You must include all coatings (as defined in Sec.  63.3981), 
thinners and/or other additives, and cleaning materials used in the 
affected source when determining whether the organic HAP emission rate 
is equal to or less than the applicable emission limit in Sec.  
63.3890. To make this determination, you must use at least one of the 
three compliance options listed in paragraphs (a) through (c) of this 
section. You may apply any of the compliance options to an individual 
coating operation, or to multiple coating operations as a group, or to 
the entire affected source. You may use different compliance options 
for different coating operations, or at different times on the same 
coating operation. You may employ different compliance options when 
different coatings are applied to the same part, or when the same 
coating is applied to different parts. However, you may not use 
different compliance options at the same time on the same coating 
operation. If you switch between compliance options for any coating 
operation or group of coating operations, you must document this switch 
as required by Sec.  63.3930(c), and you must report it in the next 
semiannual compliance report required in Sec.  63.3920.
    (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.  63.3890, and that 
each thinner and/or other additive, and cleaning material used contains 
no organic HAP. You must meet all the requirements of Sec. Sec.  
63.3940, 63.3941, and 63.3942 to demonstrate compliance with the 
applicable emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings, thinners and/or other additives, and cleaning 
materials used in the coating operation(s), the organic HAP emission 
rate for the coating operation(s) is less than or equal to the 
applicable emission limit in Sec.  63.3890, calculated as a rolling 12-
month emission rate and determined on a monthly basis. You must meet 
all the requirements of Sec. Sec.  63.3950, 63.3951, and 63.3952 to 
demonstrate compliance with the emission limit using this option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings, thinners and/or other additives, and cleaning 
materials used in the coating operation(s), and the emissions 
reductions achieved by emission capture systems and add-on controls, 
the organic HAP emission rate for the coating operation(s) is less than 
or equal to the applicable emission limit in Sec.  63.3890, calculated 
as a rolling 12-month emission rate and determined on a monthly basis. 
If you use this compliance option, you must also demonstrate that all 
emission capture systems and add-on control devices for the coating 
operation(s) meet the operating limits required in Sec.  63.3892, 
except for solvent recovery systems for which you conduct liquid-liquid 
material balances according to Sec.  63.3961(j), and that you meet the 
work practice standards required in Sec.  63.3893. You must meet all 
the requirements of Sec. Sec.  63.3960 through 63.3968 to demonstrate 
compliance with the emission limits, operating limits, and work 
practice standards using this option.


Sec.  63.3892  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct

[[Page 162]]

a liquid-liquid material balance according to Sec.  63.3961(j), you 
must meet the operating limits specified in Table 1 to this subpart. 
These operating limits apply to the emission capture and control 
systems on the coating operation(s) for which you use this option, and 
you must establish the operating limits during the performance test 
according to the requirements in Sec.  63.3967. You must meet the 
operating limits at all times after you establish them.
    (c) If you use an add-on control device other than those listed in 
Table 1 to this subpart, or wish to monitor an alternative parameter 
and comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec.  
63.8(f).


Sec.  63.3893  What work practice standards must I meet?

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

General Compliance Requirements


Sec.  63.3900  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.  63.3891(a) and (b), must be in compliance with the 
applicable emission limit in Sec.  63.3890 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec.  63.3891(c), must be 
in compliance with the emission limitations as specified in paragraphs 
(a)(2)(i) through (iii) of this section.
    (i) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec.  63.3890 at all times except during 
periods of startup, shutdown, and malfunction.
    (ii) The coating operation(s) must be in compliance with the 
operating limits for emission capture systems and add-on control 
devices required by Sec.  63.3892 at all times except during periods of 
startup, shutdown, and malfunction, and except for solvent recovery 
systems for which you conduct liquid-liquid material balances according 
to Sec.  63.3961(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec.  63.3893 at all times.
    (b) You must always operate and maintain your affected source, 
including all air pollution control and monitoring equipment you use 
for purposes of complying with this subpart, according to the 
provisions in Sec.  63.6(e)(1)(i).
    (c) If your affected source uses an emission capture system and 
add-on control device, you must develop and implement a written 
startup, shutdown, and malfunction plan according to the provisions in 
Sec.  63.6(e)(3). The plan must address the startup, shutdown, and 
corrective actions in the event of a malfunction of the emission 
capture system or the add-on control device. The plan must also address 
any coating operation equipment that may cause increased emissions or 
that would affect capture efficiency if the process equipment 
malfunctions, such as conveyors that move parts among enclosures.


Sec.  63.3901  What parts of the General Provisions apply to me?

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

Notifications, Reports, and Records


Sec.  63.3910  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 January 2, 
2004, whichever is later. For an existing affected source, you must 
submit the initial notification no later than 1 year after January 2, 
2004. If you are using compliance with the Automobiles and Light-Duty 
Trucks NESHAP (subpart IIII of this part) under Sec.  63.3881(d) to 
constitute compliance with this subpart for your metal part coating 
operations, then you must include a statement to this effect in your 
initial notification and no other notifications are required under this 
subpart. If you are complying with another NESHAP that constitutes the 
predominant activity at your facility under Sec.  63.3881(e)(2) to 
constitute compliance with this subpart for your metal coating 
operations, then you must include a statement to this effect in your 
initial notification and no other notifications are required under this 
subpart.
    (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. Sec.  63.3940, 63.3950, or 63.3960 that 
applies to your affected source. The notification of compliance status 
must contain the information specified in paragraphs (c)(1) through 
(11) 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. Sec.  63.3940, 63.3950, or 63.3960 that applies to 
your affected source.

[[Page 163]]

    (4) Identification of the compliance option or options specified in 
Sec.  63.3891 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.  
63.3890, include all the calculations you used to determine the kg (lb) 
of organic HAP emitted per liter (gal) 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 may 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.  63.3941(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating, for one thinner 
and/or other additive, and for one cleaning material.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner and/or other additive, 
and one leaning material, except that if you use the compliant material 
option, only the example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an 
allowance in Equation 1 of Sec.  63.3951.
    (8) The calculation of kg (lb) of organic HAP emitted per liter 
(gal) coating solids used for the compliance option(s) you used, as 
specified in paragraphs (c)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 
2 of Sec.  63.3941.
    (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 and 1A through 1C, 2, and 3, respectively, of Sec.  
63.3951.
    (iii) For the emission rate with add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for the 
coatings, thinners and/or other additives, and cleaning materials used 
each month, using Equations 1 and 1A through 1C of Sec.  63.3951; the 
calculation of the total volume of coating solids used each month using 
Equation 2 of Sec.  63.3951; 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.  63.3961 and Equations 2, 3, and 
3A through 3C of Sec.  63.3961 as applicable; the calculation of the 
total mass of organic HAP emissions each month using Equation 4 of 
Sec.  63.3961; and the calculation of the 12-month organic HAP emission 
rate using Equation 5 of Sec.  63.3961.
    (9) For the emission rate with add-on controls option, you must 
include the information specified in paragraphs (c)(9)(i) through (iv) 
of this section, except that the requirements in paragraphs (c)(9)(i) 
through (iii) of this section do not apply to solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.3961(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a permanent total enclosure (PTE) or a 
measurement of the emission capture system efficiency. Include a 
description of the protocol followed for measuring capture efficiency, 
summaries of any capture efficiency tests conducted, and any 
calculations supporting the capture efficiency determination. If you 
use the data quality objective (DQO) or lower confidence limit (LCL) 
approach, you must also include the statistical calculations to show 
you meet the DQO or LCL criteria in appendix A to subpart KK of this 
part. You do not need to submit complete test reports.
    (ii) A summary of the results of each add-on control device 
performance test. You do not need to submit complete test reports.
    (iii) A list of each emission capture system's and add-on control 
device's operating limits and a summary of the data used to calculate 
those limits.
    (iv) A statement of whether or not you developed and implemented 
the work practice plan required by Sec.  63.3893.
    (10) If you are complying with a single emission limit representing 
the predominant activity under Sec.  63.3890(c)(1), include the 
calculations and supporting information used to demonstrate that this 
emission limit represents the predominant activity as specified in 
Sec.  63.3890(c)(1).
    (11) If you are complying with a facility-specific emission limit 
under Sec.  63.3890(c)(2), include the calculation of the facility-
specific emission limit and any supporting information as specified in 
Sec.  63.3890(c)(2).


Sec.  63.3920  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 or agreed to a 
different schedule for submission of reports under Sec.  63.10(a), you 
must prepare and submit each semiannual compliance report according to 
the dates specified in paragraphs (a)(1)(i) through (iv) of this 
section. Note that the information reported for each of the months in 
the reporting period will be based on the last 12 months of data prior 
to the date of each monthly calculation.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec.  63.3940, Sec.  63.3950, or 
Sec.  63.3960 that applies to your affected source and ends on June 30 
or December 31, whichever date is the first date 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

[[Page 164]]

according to the date specified in paragraph (a)(1)(iii) of this 
section.
    (2) Inclusion with title V report. Each affected source that has 
obtained a title V operating permit pursuant to 40 CFR part 70 or 40 
CFR part 71 must report all deviations as defined in this subpart in 
the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) 
or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a 
semiannual compliance report pursuant to this section along with, or as 
part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual 
compliance report includes all required information concerning 
deviations from any emission limitation in this subpart, its submission 
will be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a 
semiannual compliance report shall not otherwise affect any obligation 
the affected source may have to report deviations from permit 
requirements to the permitting authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (vii) 
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.  63.3891 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 for 
each option you used.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec.  63.3891(b) 
or (c)), the calculation results for each rolling 12-month organic HAP 
emission rate during the 6-month reporting period.
    (vi) If you used the predominant activity alternative (Sec.  
63.3890(c)(1)), include the annual determination of predominant 
activity if it was not included in the previous semi-annual compliance 
report.
    (vii) If you used the facility-specific emission limit alternative 
(Sec.  63.3890(c)(2)), include the calculation of the facility-specific 
emission limit for each 12-month compliance period during the 6-month 
reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations in Sec. Sec.  63.3890, 63.3892, and 63.3893 that apply to 
you, the semiannual compliance report must include a statement that 
there were no deviations from the emission limitations during the 
reporting period. If you used the emission rate with add-on controls 
option and there were no periods during which the continuous parameter 
monitoring systems (CPMS) were out-of-control as specified in Sec.  
63.8(c)(7), the semiannual compliance report must include a statement 
that there were no periods during which the CPMS were out-of-control 
during the reporting period.
    (5) Deviations: Compliant material option. If you used the 
compliant material option and there was a deviation from the applicable 
organic HAP content requirements in Sec.  63.3890, the semiannual 
compliance report must contain the information in paragraphs (a)(5)(i) 
through (iv) of this section.
    (i) Identification of each coating used that deviated from the 
applicable emission limit, and each thinner and/or other additive, and 
cleaning material used that contained organic HAP, and the dates and 
time periods each was used.
    (ii) The calculation of the organic HAP content (using Equation 2 
of Sec.  63.3941) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation (e.g., information provided by coating suppliers or 
manufacturers, or test reports).
    (iii) The determination of mass fraction of organic HAP for each 
thinner and/or other additive, and cleaning material identified in 
paragraph (a)(5)(i) of this section. You do not need to submit 
background data supporting this calculation (e.g., information provided 
by material suppliers or manufacturers, or test reports).
    (iv) A statement of the cause of each deviation.
    (6) Deviations: Emission rate without add-on controls option. If 
you used the emission rate without add-on controls option and there was 
a deviation from the applicable emission limit in Sec.  63.3890, 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.  63.3890.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation 
occurred. You must submit the calculations for Equations 1, 1A through 
1C, 2, and 3 of Sec.  63.3951; and if applicable, the calculation used 
to determine mass of organic HAP in waste materials according to Sec.  
63.3951(e)(4). You do not need to submit background data supporting 
these calculations (e.g., information provided by materials suppliers 
or manufacturers, or test reports).
    (iii) A statement of the cause of each deviation.
    (7) Deviations: Emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from an emission limitation (including any periods when 
emissions bypassed the add-on control device and were diverted to the 
atmosphere), the semiannual compliance report must contain the 
information in paragraphs (a)(7)(i) through (xiv) of this section. This 
includes periods of startup, shutdown, and malfunction during which 
deviations occurred.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec.  63.3890.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for each compliance period in which a deviation occurred. 
You must provide the calculation of the total mass of organic HAP 
emissions for the coatings, thinners and/or other additives, and 
cleaning materials used each month using Equations 1 and 1A through 1C 
of Sec.  63.3951; and, if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec.  
63.3951(e)(4); the calculation of the total volume of coating solids 
used each month using Equation 2 of Sec.  63.3951; 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.  63.3961, and Equations 2, 3, and 3A through 3C of 
Sec.  63.3961, as applicable; the calculation of the total mass of 
organic HAP emissions each month using Equation 4 of Sec.  63.3961; and 
the calculation of the 12-month

[[Page 165]]

organic HAP emission rate using Equation 5 of Sec.  63.3961. You do not 
need to submit the background data supporting these calculations (e.g., 
information provided by materials suppliers or manufacturers, or test 
reports).
    (iii) The date and time that each malfunction started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vii) The date, time, and duration that each CPMS was out-of-
control, including the information in Sec.  63.8(c)(8).
    (viii) The date and time period of each deviation from an operating 
limit in Table 1 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 1 to this subpart and each bypass of the add-
on control device during the semiannual reporting period, and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 1 of this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as 
a percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For each deviation from the work practice standards, a 
description of the deviation, the date and time period of the 
deviation, and the actions you took to correct the deviation.
    (xiv) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with 
add-on controls option, you must submit reports of performance test 
results for emission capture systems and add-on control devices no 
later than 60 days after completing the tests as specified in Sec.  
63.10(d)(2).
    (c) Startup, shutdown, malfunction reports. If you used the 
emission rate with add-on controls option and you had a startup, 
shutdown, or malfunction during the semiannual reporting period, you 
must submit the reports specified in paragraphs (c)(1) and (2) of this 
section.
    (1) If your actions were consistent with your startup, shutdown, 
and malfunction plan, you must include the information specified in 
Sec.  63.10(d) in the semiannual compliance report required by 
paragraph (a) of this section.
    (2) If your actions were not consistent with your startup, 
shutdown, and malfunction plan, you must submit an immediate startup, 
shutdown, and malfunction report as described in paragraphs (c)(2)(i) 
and (ii) of this section.
    (i) You must describe the actions taken during the event in a 
report delivered by facsimile, telephone, or other means to the 
Administrator within 2 working days after starting actions that are 
inconsistent with the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec.  
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec.  63.10(d)(5)(ii).


Sec.  63.3930  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report. If you are using the predominant activity 
alternative under Sec.  63.3890(c), you must keep records of the data 
and calculations used to determine the predominant activity. If you are 
using the facility-specific emission limit alternative under Sec.  
63.3890(c), you must keep records of the data used to calculate the 
facility-specific emission limit for the initial compliance 
demonstration. You must also keep records of any data used in each 
annual predominant activity determination and in the calculation of the 
facility-specific emission limit for each 12-month compliance period 
included in the semi-annual compliance reports.
    (b) A current copy of information provided by materials suppliers 
or manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic HAP and density for each 
coating, thinner and/or other additive, and cleaning material, and the 
volume fraction of coating solids for each coating. If you conducted 
testing to determine mass fraction of organic HAP, density, or volume 
fraction of coating solids, you must keep a copy of the complete test 
report. If you use information provided to you by the manufacturer or 
supplier of the material that was based on testing, you must keep the 
summary sheet of results provided to you by the manufacturer or 
supplier. You are not required to obtain the test report or other 
supporting documentation from the manufacturer or supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations on which you used each 
compliance option and the time periods (beginning and ending dates and 
times) for each option you used.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 2 of Sec.  
63.3941.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings, thinners and/or other additives, and cleaning materials used 
each month using Equations 1, 1A through 1C, and 2 of Sec.  63.3951; 
and, if applicable, the calculation used to determine mass of organic 
HAP in waste materials according to Sec.  63.3951(e)(4); the 
calculation of the total volume of coating solids used each month using 
Equation 2 of Sec.  63.3951; and the calculation of each 12-month 
organic HAP emission rate using Equation 3 of Sec.  63.3951.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (v) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings, thinners and/or other additives, and cleaning materials 
used each month using Equations 1 and 1A through 1C of Sec.  63.3951 
and, if applicable, the calculation used to determine mass of organic 
HAP in waste materials according to Sec.  63.3951(e)(4);
    (ii) The calculation of the total volume of coating solids used 
each month using Equation 2 of Sec.  63.3951;
    (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.  63.3961 and

[[Page 166]]

Equations 2, 3, and 3A through 3C of Sec.  63.3961, as applicable;
    (iv) The calculation of each month's organic HAP emission rate 
using Equation 4 of Sec.  63.3961; and
    (v) The calculation of each 12-month organic HAP emission rate 
using Equation 5 of Sec.  63.3961.
    (d) A record of the name and volume of each coating, thinner and/or 
other additive, and cleaning material used during each compliance 
period. If you are using the compliant material option for all coatings 
at the source, you may maintain purchase records for each material used 
rather than a record of the volume used.
    (e) A record of the mass fraction of organic HAP for each coating, 
thinner and/or other additive, and cleaning material used during each 
compliance period unless the material is tracked by weight.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) If you use either the emission rate without add-on controls or 
the emission rate with add-on controls compliance option, the density 
for each coating, thinner and/or other additive, and cleaning material 
used during each compliance period.
    (h) If you use an allowance in Equation 1 of Sec.  63.3951 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) 
according to Sec.  63.3951(e)(4), you must keep records of the 
information specified in paragraphs (h)(1) through (3) of this section.
    (1) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 1 of Sec.  
63.3951; 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.  
63.3951.
    (3) The methodology used in accordance with Sec.  63.3951(e)(4) to 
determine the total amount of waste materials sent to or the amount 
collected, stored, and designated for transport to a TSDF each month; 
and the methodology to determine the mass of organic HAP contained in 
these waste materials. This must include the sources for all data used 
in the determination, methods used to generate the data, frequency of 
testing or monitoring, and supporting calculations and documentation, 
including the waste manifest for each shipment.
    (i) [Reserved]
    (j) You must keep records of the date, time, and duration of each 
deviation.
    (k) If you use the emission rate with add-on controls option, you 
must keep the records specified in paragraphs (k)(1) through (8) of 
this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of startup, shutdown, or malfunction.
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 1 to this subpart that applies to 
you.
    (4) For each capture system that is a PTE, the data and 
documentation you used to support a determination that the capture 
system meets the criteria in Method 204 of appendix M to 40 CFR part 51 
for a PTE and has a capture efficiency of 100 percent, as specified in 
Sec.  63.3965(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.  63.3964 and 63.3965(b) through 
(e), including the records specified in paragraphs (k)(5)(i) through 
(iii) of this section that apply to you.
    (i) Records for a liquid-to-uncaptured gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH) as measured by Method 204A or 204F of 
appendix M to 40 CFR part 51 for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of 
the mass of TVH emissions not captured by the capture system that 
exited the temporary total enclosure or building enclosure during each 
capture efficiency test run, as measured by Method 204D or 204E of 
appendix M to 40 CFR part 51, including a copy of the test report. 
Records documenting that the enclosure used for the capture efficiency 
test met the criteria in Method 204 of appendix M to 40 CFR part 51 for 
either a temporary total enclosure or a building enclosure.
    (ii) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system as measured by Method 204B or 
204C of appendix M to 40 CFR part 51 at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run as measured by Method 204D or 204E of appendix M to 40 CFR 
part 51, including a copy of the test report. Records documenting that 
the enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (iii) Records for an alternative protocol. Records needed to 
document a capture efficiency determination using an alternative method 
or protocol as specified in Sec.  63.3965(e), if applicable.
    (6) The records specified in paragraphs (k)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec.  63.3966.
    (i) Records of each add-on control device performance test 
conducted according to Sec. Sec.  63.3964 and 63.3966.
    (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.  63.3967 and to document compliance with the 
operating limits as specified in Table 1 to this subpart.
    (8) A record of the work practice plan required by Sec.  63.3893 
and documentation that you are implementing the plan on a continuous 
basis.


Sec.  63.3931  In what form and for how long must I keep my records?

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

[[Page 167]]

Compliance Requirements for the Compliant Material Option


Sec.  63.3940  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.  
63.3941. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3883 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through that month plus the next 12 months. 
The initial compliance demonstration includes the calculations 
according to Sec.  63.3941 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.  63.3890, and that you used no thinners and/or other additives, or 
cleaning materials that contained organic HAP as determined according 
to Sec.  63.3941(a).


Sec.  63.3941  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the compliant material option for any individual 
coating operation, for any group of coating operations in the affected 
source, or for all the coating operations in the affected source. You 
must use either the emission rate without add-on controls option or the 
emission rate with add-on controls option for any coating operation in 
the affected source for which you do not use this option. To 
demonstrate initial compliance using the compliant material option, the 
coating operation or group of coating operations must use no coating 
with an organic HAP content that exceeds the applicable emission limits 
in Sec.  63.3890 and must use no thinner and/or other additive, or 
cleaning material that contains organic HAP as determined according to 
this section. Any coating operation for which you use the compliant 
material option is not required to meet the operating limits or work 
practice standards required in Sec. Sec.  63.3892 and 63.3893, 
respectively. You must conduct a separate initial compliance 
demonstration for each general use, high performance, magnet wire, 
rubber-to-metal, and extreme performance fluoropolymer coating 
operation unless you are demonstrating compliance with a predominant 
activity or facility-specific emission limit as provided in Sec.  
63.3890(c). If you are demonstrating compliance with a predominant 
activity or facility-specific emission limit as provided in Sec.  
63.3890(c), you must demonstrate that all coating operations included 
in the predominant activity determination or calculation of the 
facility-specific emission limit comply with that limit. You must meet 
all the requirements of this section. Use the procedures in this 
section on each coating, thinner and/or other additive, and cleaning 
material in the condition it is in when it is received from its 
manufacturer or supplier and prior to any alteration. You do not need 
to redetermine the organic HAP content of coatings, thinners and/or 
other additives, and cleaning materials that are reclaimed on-site (or 
reclaimed off-site if you have documentation showing that you received 
back the exact same materials that were sent off-site) and reused in 
the coating operation for which you use the compliant material option, 
provided these materials in their condition as received were 
demonstrated to comply with the compliant material option.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating, thinner and/or other additive, and cleaning material used 
during the compliance period by using one of the options in paragraphs 
(a)(1) through (5) of this section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of organic HAP. Use the 
procedures specified in paragraphs (a)(1)(i) and (ii) of this section 
when performing a Method 311 test.
    (i) Count each organic HAP that is measured to be present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other 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. For reactive adhesives in which some of the HAP react to form 
solids and are not emitted to the atmosphere, you may use the 
alternative method contained in appendix A to subpart PPPP of this 
part, rather than Method 24. You may use the volatile fraction that is 
emitted, as measured by the alternative method in appendix A to subpart 
PPPP of this part, as a substitute for the mass fraction of organic 
HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP that is present at 0.1 percent by mass or more for OSHA-defined 
carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent 
by mass or more for other compounds. For example, if toluene (not an 
OSHA carcinogen) is 0.5 percent of the material by mass, you do not 
have to count it. For reactive adhesives in which some of the HAP react 
to form solids and are not emitted to the atmosphere, you may rely on 
manufacturer's data that expressly states the organic HAP or volatile 
matter mass fraction emitted. 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, you 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 
these solvent blends listed in Table 3 or 4 to this subpart. If you use 
the tables, you must use the values in Table 3 for all solvent blends 
that match Table 3 entries according to the instructions for Table 3, 
and you may use Table 4 only if the solvent blends in the materials you 
use do not match any of the solvent blends in Table 3 and you know only 
whether the blend is aliphatic or aromatic. However, if the

[[Page 168]]

results of a Method 311 (appendix A to 40 CFR part 63) test indicate 
higher values than those listed on Table 3 or 4 to this subpart, the 
Method 311 results will take precedence unless, after consultation, you 
demonstrate to the satisfaction of the enforcement agency that the 
formulation data are correct.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters (gal) of coating solids per liter (gal) of coating) for each 
coating used during the compliance period by a test, by information 
provided by the supplier or the manufacturer of the material, or by 
calculation, as specified in paragraphs (b)(1) through (4) 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)(3) or (4) of this section, the test results will take precedence 
unless, after consultation, you demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct.
    (1) ASTM Method D2697-86 (Reapproved 1998) or ASTM Method D6093-97 
(Reapproved 2003). 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 
ASTM Method D6093-97 (Reapproved 2003), ``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.
    (2) Alternative method. You may use an alternative test method for 
determining the solids content of each coating once the Administrator 
has approved it. You must follow the procedure in Sec.  63.7(f) to 
submit an alternative test method for approval.
    (3) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (4) Calculation of volume fraction of coating solids. You may 
determine the volume fraction of coating solids using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.003

Where:

Vs = Volume fraction of coating solids, liters (gal) coating 
solids per liter (gal) coating.
mvolatiles = Total volatile matter content of the coating, 
including HAP, volatile organic compounds (VOC), water, and exempt 
compounds, determined according to Method 24 in appendix A of 40 CFR 
part 60, grams volatile matter per liter coating.
Davg = Average density of volatile matter in the coating, 
grams volatile matter per liter volatile matter, determined from test 
results using ASTM Method D1475-98, ``Standard Test Method for Density 
of Liquid Coatings, Inks, and Related Products'' (incorporated by 
reference, see Sec.  63.14), information from the supplier or 
manufacturer of the material, or reference sources providing density or 
specific gravity data for pure materials. If there is disagreement 
between ASTM Method D1475-98 test results and other information 
sources, the test results will take precedence unless, after 
consultation you demonstrate to the satisfaction of the enforcement 
agency that the formulation data are correct.

    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM Method D1475-98, ``Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products'' (incorporated by reference, see 
Sec.  63.14), information from the supplier or manufacturer of the 
material, or specific gravity data for pure chemicals. If there is 
disagreement between ASTM Method D1475-98 test results and the 
supplier's or manufacturer's information, the test results will take 
precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (d) Determine the organic HAP content of each coating. Calculate 
the organic HAP content, kg (lb) of organic HAP emitted per liter (gal) 
coating solids used, of each coating used during the compliance period 
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.004

Where:

Hc = Organic HAP content of the coating, kg organic HAP 
emitted per liter (gal) coating solids used.
Dc = Density of coating, kg coating per liter (gal) 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 (gal) coating 
solids per liter (gal) coating, determined according to paragraph (b) 
of this section.

    (e) Compliance demonstration. The calculated organic HAP content 
for each coating used during the initial compliance period must be less 
than or equal to the applicable emission limit in Sec.  63.3890; and 
each thinner and/or other additive, and cleaning material used during 
the initial compliance period must contain no organic HAP, determined 
according to paragraph (a) of this section. You must keep all records 
required by Sec. Sec.  63.3930 and 63.3931. As part of the notification 
of compliance status required in Sec.  63.3910, 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.  63.3890, and you used 
no thinners and/or other additives, or cleaning materials that 
contained organic HAP, determined according to the procedures in 
paragraph (a) of this section.


Sec.  63.3942  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) For each compliance period to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content 
(determined using Equation 2 of Sec.  63.3941) exceeds the applicable 
emission limit in Sec.  63.3890, and use no thinner and/or other 
additive, or cleaning material that contains organic HAP, determined 
according to Sec.  63.3941(a). A compliance period consists of 12 
months. Each month, after the end of the initial compliance period 
described in Sec.  63.3940, is the end of a compliance period 
consisting of that month and the preceding 11 months. If you are 
complying with a facility-specific emission limit under Sec.  
63.3890(c), you must also perform the calculation using Equation 1 in 
Sec.  63.3890(c)(2) on a monthly basis using the data from the previous 
12 months of operation.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating, thinner and/or 
other

[[Page 169]]

additive, or cleaning material that does not meet the criteria 
specified in paragraph (a) of this section is a deviation from the 
emission limitations that must be reported as specified in Sec. Sec.  
63.3910(c)(6) and 63.3920(a)(5).
    (c) As part of each semiannual compliance report required by Sec.  
63.3920, you must identify the coating operation(s) for which you used 
the compliant material option. If there were no deviations from the 
applicable emission limit in Sec.  63.3890, submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because you used no coatings 
for which the organic HAP content exceeded the applicable emission 
limit in Sec.  63.3890, and you used no thinner and/or other additive, 
or cleaning material that contained organic HAP, determined according 
to Sec.  63.3941(a).
    (d) You must maintain records as specified in Sec. Sec.  63.3930 
and 63.3931.

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


Sec.  63.3950  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.  
63.3951. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3883 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 an organic 
HAP emission rate at the end of the initial compliance period. The 
initial compliance demonstration includes the calculations according to 
Sec.  63.3951 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.  63.3890.


Sec.  63.3951  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the emission rate without add-on controls option for 
any individual coating operation, for any group of coating operations 
in the affected source, or for all the coating operations in the 
affected source. You must use either the compliant material option or 
the emission rate with add-on controls option for any coating operation 
in the affected source for which you do not use this option. To 
demonstrate initial compliance using the emission rate without add-on 
controls option, the coating operation or group of coating operations 
must meet the applicable emission limit in Sec.  63.3890, but is not 
required to meet the operating limits or work practice standards in 
Sec. Sec.  63.3892 and 63.3893, respectively. You must conduct a 
separate initial compliance demonstration for each general use, magnet 
wire, rubber-to-metal, and extreme performance fluoropolymer coating 
operation unless you are demonstrating compliance with a predominant 
activity or facility-specific emission limit as provided in Sec.  
63.3890(c). If you are demonstrating compliance with a predominant 
activity or facility-specific emission limit as provided in Sec.  
63.3890(c), you must demonstrate that all coating operations included 
in the predominant activity determination or calculation of the 
facility-specific emission limit comply with that limit. You must meet 
all the requirements of this section. When calculating the organic HAP 
emission rate according to this section, do not include any coatings, 
thinners and/or other additives, or cleaning materials used on coating 
operations for which you use the compliant material option or the 
emission rate with add-on controls option. You do not need to 
redetermine the mass of organic HAP in coatings, thinners and/or other 
additives, or cleaning materials that have been reclaimed on-site (or 
reclaimed off-site if you have documentation showing that you received 
back the exact same materials that were sent off-site) and reused in 
the coating operation for which you use the emission rate without add-
on controls option. If you use coatings, thinners and/or other 
additives, or cleaning materials that have been reclaimed on-site, the 
amount of each used in a month may be reduced by the amount of each 
that is reclaimed. That is, the amount used may be calculated as the 
amount consumed to account for materials that are reclaimed.
    (a) Determine the mass fraction of organic HAP for each material. 
Determine the mass fraction of organic HAP for each coating, thinner 
and/or other additive, and cleaning material used during each month 
according to the requirements in Sec.  63.3941(a).
    (b) Determine the volume fraction of coating solids. Determine the 
volume fraction of coating solids (liter (gal) of coating solids per 
liter (gal) of coating) for each coating used during each month 
according to the requirements in Sec.  63.3941(b).
    (c) Determine the density of each material. Determine the density 
of each liquid coating, thinner and/or other additive, and cleaning 
material used during each month from test results using ASTM Method 
D1475-98, ``Standard Test Method for Density of Liquid Coatings, Inks, 
and Related Products'' (incorporated by reference, see Sec.  63.14), 
information from the supplier or manufacturer of the material, or 
reference sources providing density or specific gravity data for pure 
materials. If you are including powder coatings in the compliance 
determination, determine the density of powder coatings, using ASTM 
Method D5965-02, ``Standard Test Methods for Specific Gravity of 
Coating Powders'' (incorporated by reference, see Sec.  63.14), or 
information from the supplier. If there is disagreement between ASTM 
Method D1475-98 or ASTM Method D5965-02 test results and other such 
information sources, the test results will take precedence unless, 
after consultation you demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct. If you 
purchase materials or monitor consumption by weight instead of volume, 
you do not need to determine material density. Instead, you may use the 
material weight in place of the combined terms for density and volume 
in Equations 1A, 1B, 1C, and 2 of this section.
    (d) Determine the volume of each material used. Determine the 
volume (liters) of each coating, thinner and/or other additive, and 
cleaning material used during each month by measurement or usage 
records. If you purchase materials or monitor consumption by weight 
instead of volume, you do not need to determine the volume of each 
material used. Instead, you may use the material weight in place of the 
combined terms for density and volume in Equations 1A, 1B, and 1C of 
this section.
    (e) Calculate the mass of organic HAP emissions. The mass of 
organic HAP emissions is the combined mass of organic HAP contained in 
all coatings, thinners and/or other additives, and cleaning materials 
used during each month minus the organic HAP in certain waste 
materials. Calculate the mass of organic HAP emissions using Equation 1 
of this section.
[GRAPHIC] [TIFF OMITTED] TR02JA04.005

Where:

He = Total mass of organic HAP emissions during the month, 
kg.

[[Page 170]]

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

    (1) Calculate the kg organic HAP in the coatings used during the 
month using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.006

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. For reactive adhesives as defined in Sec.  
63.3981, use the mass fraction of organic HAP that is emitted as 
determined using the method in appendix A to subpart PPPP of this part.
m = Number of different coatings used during the month.

    (2) Calculate the kg of organic HAP in the thinners and/or other 
additives used during the month using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.007

Where:

B = Total mass of organic HAP in the thinners and/or other additives 
used during the month, kg.
Volt,j = Total volume of thinner and/or other additive, j, 
used during the month, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
additive, j, kg organic HAP per kg thinner and/or other additive. For 
reactive adhesives as defined in Sec.  63.3981, use the mass fraction 
of organic HAP that is emitted as determined using the method in 
appendix A to subpart PPPP of this part.
n = Number of different thinners and/or other additives used during the 
month.
    (3) Calculate the kg organic HAP in the cleaning materials used 
during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.008

Where:

C = Total mass of organic HAP in the cleaning materials used 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 organic HAP per kg material.
p = Number of different cleaning materials used during the month.

    (4) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in Equation 1 of this section, then you must determine the mass 
according to paragraphs (e)(4)(i) through (iv) of this section.
    (i) You may only include waste materials in the determination that 
are generated by coating operations in the affected source for which 
you use Equation 1 of this section and that will be treated or disposed 
of by a facility that is regulated as a TSDF under 40 CFR part 262, 
264, 265, or 266. The TSDF may be either off-site or on-site. You may 
not include organic HAP contained in wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the month or the amount collected and stored 
during the month and designated for future transport to a TSDF. Do not 
include in your determination any waste materials sent to a TSDF during 
a month if you have already included them in the amount collected and 
stored during that month or a previous month.
    (iii) Determine the total mass of organic HAP contained in the 
waste materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You must document the methodology you use to determine the 
amount of waste materials and the total mass of organic HAP they 
contain, as required in Sec.  63.3930(h). If 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, liters, 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] TR02JA04.009

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.  
63.3941(b).
m = Number of coatings used during the month.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the compliance period, kg (lb) organic HAP 
emitted per liter (gal) coating solids used, using Equation 3 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.010

Where:

Hyr = Average organic HAP emission rate for the compliance 
period, kg organic HAP emitted per liter coating solids used.
He = Total mass of organic HAP emissions from all materials 
used during month, y, kg, as calculated by Equation 1 of this section.
Vst = Total volume of coating solids used during month, y, 
liters, as calculated by Equation 2 of this section.
y = Identifier for months.
n = Number of full or partial months in the compliance period (for the 
initial compliance period, n equals 12 if the compliance date falls on 
the first day of a month; otherwise n equals 13; for all following 
compliance periods, n equals 12).

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period calculated using Equation 3 of this section 
must be less than or equal to the applicable emission limit for each 
subcategory in Sec.  63.3890 or the predominant activity or facility-
specific emission limit allowed in

[[Page 171]]

Sec.  63.3890(c). You must keep all records as required by Sec. Sec.  
63.3930 and 63.3931. As part of the notification of compliance status 
required by Sec.  63.3910, 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.  63.3890, determined according to 
the procedures in this section.


Sec.  63.3952  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.  
63.3951(a) through (g), must be less than or equal to the applicable 
emission limit in Sec.  63.3890. A compliance period consists of 12 
months. Each month after the end of the initial compliance period 
described in Sec.  63.3950 is the end of a compliance period consisting 
of that month and the preceding 11 months. You must perform the 
calculations in Sec.  63.3951(a) through (g) on a monthly basis using 
data from the previous 12 months of operation. If you are complying 
with a facility-specific emission limit under Sec.  63.3890(c), you 
must also perform the calculation using Equation 1 in Sec.  
63.3890(c)(2) on a monthly basis using the 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.  63.3890, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec.  63.3910(c)(6) and 
63.3920(a)(6).
    (c) As part of each semiannual compliance report required by Sec.  
63.3920, 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.  63.3890, determined according to 
Sec.  63.3951(a) through (g).
    (d) You must maintain records as specified in Sec. Sec.  63.3930 
and 63.3931.

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


Sec.  63.3960  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.  63.3883. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.3961(j), you must conduct a performance test of each capture 
system and add-on control device according to Sec. Sec.  63.3964, 
63.3965, and 63.3966 and establish the operating limits required by 
Sec.  63.3892 no later than 180 days after the applicable compliance 
date specified in Sec.  63.3883. For a solvent recovery system for 
which you conduct liquid-liquid material balances according to Sec.  
63.3961(j), you must initiate the first material balance no later than 
the applicable compliance date specified in Sec.  63.3883. For magnet 
wire coating operations you may, with approval, conduct a performance 
test of one representative magnet wire coating machine for each group 
of identical or very similar magnet wire coating machines.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3893 no later than the compliance date specified 
in Sec.  63.3883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3961. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3883 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 coatings solids used each month and then calculate an organic 
HAP emission rate at the end of the initial 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.  63.3964, 63.3965, and 63.3966; results of 
liquid-liquid material balances conducted according to Sec.  
63.3961(j); calculations according to Sec.  63.3961 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.  63.3890; the operating limits established 
during the performance tests and the results of the continuous 
parameter monitoring required by Sec.  63.3968; and documentation of 
whether you developed and implemented the work practice plan required 
by Sec.  63.3893.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.3892 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. For magnet wire coating operations, you must 
begin complying with the operating limits for all identical or very 
similar magnet wire coating machines on the date you complete the 
performance test of a representative magnet wire coating machine. 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.  63.3961(j).
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.3883. Except for magnet wire coating 
operations and solvent recovery systems for which you conduct liquid-
liquid material balances according to Sec.  63.3961(j), you must 
conduct a performance test of each capture system and add-on control 
device according to the procedures in Sec. Sec.  63.3964, 63.3965, and 
63.3966 and establish the operating limits required by Sec.  63.3892 no 
later than the compliance date specified in Sec.  63.3883. For magnet 
wire coating operations, you may, with approval, conduct a performance 
test of a single magnet wire coating machine that represents identical 
or very similar magnet wire coating machines. For a solvent recovery 
system for which you

[[Page 172]]

conduct liquid-liquid material balances according to Sec.  63.3961(j), 
you must initiate the first material balance no later than the 
compliance date specified in Sec.  63.3883.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3893 no later than the compliance date specified 
in Sec.  63.3883.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3961. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3883 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 coatings solids used each month and then calculate an organic 
HAP emission rate at the end of the initial 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.  63.3964, 63.3965, and 63.3966; results of 
liquid-liquid material balances conducted according to Sec.  
63.3961(j); calculations according to Sec.  63.3961 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.  63.3890; the operating limits established 
during the performance tests and the results of the continuous 
parameter monitoring required by Sec.  63.3968; and documentation of 
whether you developed and implemented the work practice plan required 
by Sec.  63.3893.
    (c) You are not required to conduct an initial performance test to 
determine capture efficiency or destruction efficiency of a capture 
system or control device if you receive approval to use the results of 
a performance test that has been previously conducted on that capture 
system or control device. Any such previous tests must meet the 
conditions described in paragraphs (c)(1) through (3) of this section.
    (1) The previous test must have been conducted using the methods 
and conditions specified in this subpart.
    (2) Either no process or equipment changes have been made since the 
previous test was performed or the owner or operator must be able to 
demonstrate that the results of the performance test, reliably 
demonstrate compliance despite process or equipment changes.
    (3) Either the required operating parameters were established in 
the previous test or sufficient data were collected in the previous 
test to establish the required operating parameters.


Sec.  63.3961  How do I demonstrate initial compliance?

    (a) You may use the emission rate with add-on controls option for 
any coating operation, for any group of coating operations in the 
affected source, or for all of the coating operations in the affected 
source. You may include both controlled and uncontrolled coating 
operations in a group for which you use this option. You must use 
either the compliant material option or the emission rate without add-
on controls option for any coating operation in the affected source for 
which you do not use the emission rate with add-on controls option. To 
demonstrate initial compliance, the coating operation(s) for which you 
use the emission rate with add-on controls option must meet the 
applicable emission limitations in Sec. Sec.  63.3890, 63.3892, and 
63.3893. You must conduct a separate initial compliance demonstration 
for each general use, magnet wire, rubber-to-metal, and extreme 
performance fluoropolymer coating operation, unless you are 
demonstrating compliance with a predominant activity or facility-
specific emission limit as provided in Sec.  63.3890(c). If you are 
demonstrating compliance with a predominant activity or facility-
specific emission limit as provided in Sec.  63.4490(c), you must 
demonstrate that all coating operations included in the predominant 
activity determination or calculation of the facility-specific emission 
limit comply with that limit. You must meet all the requirements of 
this section. When calculating the organic HAP emission rate according 
to this section, do not include any coatings, thinners and/or other 
additives, or cleaning materials used on coating operations for which 
you use the compliant material option or the emission rate without add-
on controls option. You do not need to redetermine the mass of organic 
HAP in coatings, thinners and/or other additives, or cleaning materials 
that have been reclaimed onsite (or reclaimed off-site if you have 
documentation showing that you received back the exact same materials 
that were sent off-site) and reused in the coatings operation(s) for 
which you use the emission rate with add-on controls option. If you use 
coatings, thinners and/or other additives, or cleaning materials that 
have been reclaimed on-site, the amount of each used in a month may be 
reduced by the amount of each that is reclaimed. That is, the amount 
used may be calculated as the amount consumed to account for materials 
that are reclaimed.
    (b) Compliance with operating limits. Except as provided in Sec.  
63.3960(a)(4), and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements 
of paragraph (j) of this section, you must establish and demonstrate 
continuous compliance during the initial compliance period with the 
operating limits required by Sec.  63.3892, using the procedures 
specified in Sec. Sec.  63.3967 and 63.3968.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.3893 during the initial compliance period, as 
specified in Sec.  63.3930.
    (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.  63.3890 for each affected 
source in each subcategory.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec.  63.3951(a) through (d) to determine the mass 
fraction of organic HAP, density, and volume of each coating, thinner 
and/or other additive, and cleaning material used during each month; 
and the volume fraction of coating solids for each coating used during 
each month.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec.  63.3951, calculate the total mass 
of organic HAP emissions before add-on controls from all coatings, 
thinners and/or other additives, and cleaning materials used during 
each month in the coating operation or group of coating operations for 
which you use the emission rate with add-on controls option.
    (g) Calculate the organic HAP emission reduction for each 
controlled coating operation. Determine the mass of organic HAP 
emissions reduced for each controlled coating operation during each 
month. The emission reduction determination quantifies the total 
organic HAP emissions that pass through the emission capture system and 
are destroyed or removed by the add-on control device. Use the 
procedures in paragraph (h) of this

[[Page 173]]

section to calculate the mass of organic HAP emission reduction for 
each controlled coating operation using an emission capture system and 
add-on control device other than a solvent recovery system for which 
you conduct liquid-liquid material balances. For each controlled 
coating operation using a solvent recovery system for which you conduct 
a liquid-liquid material balance, use the procedures in paragraph (j) 
of this section to calculate the organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for each 
controlled coating operation not using liquid-liquid material balance. 
Use Equation 1 of this section to calculate the 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. 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/or other additives, and cleaning materials that 
are used in the coating operation served by the emission capture system 
and add-on control device during each month. You must assume zero 
efficiency for the emission capture system and add-on control device 
for any period of time a deviation specified in Sec.  63.3963(c) or (d) 
occurs in the controlled coating operation, including a deviation 
during a period of startup, shutdown, or malfunction, 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. 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] TR02JA04.011

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 and/or other 
additives used in the controlled coating operation during the month, 
kg, as calculated in Equation 1B of this section.
CC = Total mass of organic HAP in the cleaning materials 
used in the controlled coating operation during the month, kg, as 
calculated in Equation 1C of this section.
RW = Total mass of organic HAP in waste materials sent or 
designated for shipment to a hazardous waste TSDF for treatment or 
disposal during the compliance period, kg, determined according to 
Sec.  63.3951(e)(4). (You may assign a value of zero to RW 
if you do not wish to use this allowance.)
HUNC = Total mass of organic HAP in the coatings, thinners 
and/or other additives, and cleaning materials used during all 
deviations specified in Sec.  63.3963(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.  63.3964 and 63.3965 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.  63.3964 and 63.3966 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 (lb), using Equation 1A of this 
section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.012

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. For reactive adhesives as defined in Sec.  63.3981, use the mass 
fraction of organic HAP that is emitted as determined using the method 
in appendix A to subpart PPPP of this part.
m = Number of different coatings used.

    (2) Calculate the mass of organic HAP in the thinners and/or other 
additives used in the controlled coating operation, kg (lb), using 
Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.013

Where:

BC = Total mass of organic HAP in the thinners and/or other 
additives used in the controlled coating operation during the month, 
kg.
Volt,j = Total volume of thinner and/or other additive, j, 
used during the month, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
additive, j, kg per kg. For reactive adhesives as defined in Sec.  
63.3981, use the mass fraction of organic HAP that is

[[Page 174]]

emitted as determined using the method in appendix A to subpart PPPP of 
this part.
n = Number of different thinners and/or other additives used.

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

[GRAPHIC] [TIFF OMITTED] TR02JA04.014

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/or other additives, and cleaning materials used in the controlled 
coating operation during deviations specified in Sec.  63.3963(c) and 
(d), using Equation 1D of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.015

Where:

HUNC = Total mass of organic HAP in the coatings, thinners 
and/or other additives, and cleaning materials used during all 
deviations specified in Sec.  63.3963(c) and (d) that occurred during 
the month in the controlled coating operation, kg.
Volh = Total volume of coating, thinner and/or other 
additive, or cleaning material, h, used in the controlled coating 
operation during deviations, liters.
Dh = Density of coating, thinner and/or other additives, or 
cleaning material, h, kg per liter.
Wh = Mass fraction of organic HAP in coating, thinner and/or 
other additives, or cleaning material, h, kg organic HAP per kg 
coating. For reactive adhesives as defined in Sec.  63.3981, use the 
mass fraction of organic HAP that is emitted as determined using the 
method in appendix A to subpart PPPP of this part.
q = Number of different coatings, thinners and/or other additives, and 
cleaning materials used.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for each 
controlled coating operation using liquid-liquid material balances. For 
each controlled coating operation using a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate the 
organic HAP emission reduction by applying the volatile organic matter 
collection and recovery efficiency to the mass of organic HAP contained 
in the coatings, thinners and/or other additives, and cleaning 
materials that are used in the coating operation controlled by the 
solvent recovery system during each month. Perform a liquid-liquid 
material balance for each month as specified in paragraphs (j)(1) 
through (6) of this section. Calculate the mass of organic HAP emission 
reduction by the solvent recovery system as specified in paragraph 
(j)(7) of this section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each month. The device must be 
initially certified by the manufacturer to be accurate to within +/- 
2.0 percent of the mass of volatile organic matter recovered.
    (2) For each solvent recovery system, determine the mass of 
volatile organic matter recovered for the month, based on measurement 
with the device required in paragraph (j)(1) of this section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating, thinner and/or other additive, and cleaning material 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 you demonstrate 
to the satisfaction of the enforcement agency that the formulation data 
are correct.
    (4) Determine the density of each coating, thinner and/or other 
additive, and cleaning material used in the coating operation 
controlled by the solvent recovery system during the month, kg per 
liter, according to Sec.  63.3951(c).
    (5) Measure the volume of each coating, thinner and/or other 
additive, 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:

[[Page 175]]

[GRAPHIC] [TIFF OMITTED] TR02JA04.016


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. For reactive 
adhesives as defined in Sec.  63.3981, use the mass fraction of organic 
HAP that is emitted as determined using the method in appendix A to 
subpart PPPP of this part.
Volj = Volume of thinner and/or other additive, j, used in 
the coating operation controlled by the solvent recovery system during 
the month, liters.
Dj = Density of thinner and/or other additive, j, kg per 
liter.
WVt,j = Mass fraction of volatile organic matter for thinner 
and/or other additive, j, kg volatile organic matter per kg thinner 
and/or other additive. For reactive adhesives as defined in Sec.  
63.3981, use the mass fraction of organic HAP that is emitted as 
determined using the method in appendix A to subpart PPPP of this part.
Volk = Volume of cleaning material, k, used in the coating 
operation controlled by the solvent recovery system during the month, 
liters.
Dk = Density of cleaning material, k, kg per liter.
WVs,k = Mass fraction of volatile organic matter for 
cleaning material, k, kg volatile organic matter per kg cleaning 
material.
m = Number of different coatings used in the coating operation 
controlled by the solvent recovery system during the month.
n = Number of different thinners and/or other additives used in the 
coating operation controlled by the solvent recovery system during the 
month.
p = Number of different cleaning materials used in the coating 
operation controlled by the solvent recovery system during the month.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 3 of this section and according to paragraphs 
(j)(7)(i) through (iii) of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.017

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 and/or 
other additives used in the coating operation controlled by the solvent 
recovery system, kg, calculated using Equation 3B of this section.
CCSR = Total mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery 
system, kg, calculated using Equation 3C of this section.
RV = Volatile organic matter collection and recovery 
efficiency of the solvent recovery system, percent, from Equation 2 of 
this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TR02JA04.018

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 
organic HAP per kg coating. For reactive adhesives as defined in Sec.  
63.3981, use the mass fraction of organic HAP that is emitted as 
determined using the method in appendix A to subpart PPPP of this part.
m = Number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners and/or other 
additives used in the coating operation controlled by the solvent 
recovery system, kg, using Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.019


[[Page 176]]


Where:

BCSR = Total mass of organic HAP in the thinners and/or 
other additives used in the coating operation controlled by the solvent 
recovery system during the month, kg.
Volt,j = Total volume of thinner and/or other additive, j, 
used during the month in the coating operation controlled by the 
solvent recovery system, liters.
Dt,j = Density of thinner and/or other additive, j, kg per 
liter.
Wt,j = Mass fraction of organic HAP in thinner and/or other 
additive, j, kg lb organic HAP per kg thinner and/or other additive. 
For reactive adhesives as defined in Sec.  63.3981, use the mass 
fraction of organic HAP that is emitted as determined using the method 
in appendix A to subpart PPPP of this part.
n = Number of different thinners and/or other additives used.

    (iii) Calculate the mass of organic HAP in the cleaning materials 
used in the coating operation controlled by the solvent recovery system 
during the month, kg, using Equation 3C of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.020

Where:

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

    (k) Calculate the total volume of coating solids used. Determine 
the total volume of coating solids used, liters, which is the combined 
volume of coating solids for all the coatings used during each month in 
the coating operation or group of coating operations for which you use 
the emission rate with add-on controls option, using Equation 2 of 
Sec.  63.3951.
    (l) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, kg, during each month, 
using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.021

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, thinners and/or other additives, and 
cleaning materials 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 controlled by a solvent 
recovery system using a liquid-liquid material balance.
r = Number of coating operations controlled by a solvent recovery 
system using a liquid-liquid material balance.

    (m) Calculate the organic HAP emission rate for the compliance 
period. Determine the organic HAP emission rate for the compliance 
period, kg (lb) of organic HAP emitted per liter (gal) coating solids 
used, using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.022

Where:

Hannual = Organic HAP emission rate for the compliance 
period, kg organic HAP emitted per liter coating solids used.
HHAP,y = Organic HAP emissions for month, y, kg, 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.  63.3951.
y = Identifier for months.
n = Number of full or partial months in the compliance period (for the 
initial compliance period, n equals 12 if the compliance date falls on 
the first day of a month; otherwise n equals 13; for all following 
compliance periods, n equals 12).

    (n) Compliance demonstration. The organic HAP emission rate for the 
initial compliance period, calculated using Equation 5 of this section, 
must be less than or equal to the applicable emission limit for each 
subcategory in Sec.  63.3890 or the predominant activity or facility-
specific emission limit allowed in Sec.  63.3890(c). You must keep all 
records as required by Sec. Sec.  63.3930 and 63.3931. As part of the 
notification of compliance status required by Sec.  63.3910, you must 
identify the coating operation(s) for which you used the emission rate 
with add-on controls option and submit a statement that the coating 
operation(s) was (were) in compliance with the emission limitations 
during the initial compliance period because the organic HAP emission 
rate was less than or equal to the applicable emission limit in Sec.  
63.3890, and you achieved the operating limits required by Sec.  
63.3892 and the work practice standards required by Sec.  63.3893.


Sec.  63.3962  [Reserved.]


Sec.  63.3963  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec.  63.3890, the organic HAP emission rate for each 
compliance period, determined according to the

[[Page 177]]

procedures in Sec.  63.3961, must be equal to or less than the 
applicable emission limit in Sec.  63.3890. A compliance period 
consists of 12 months. Each month after the end of the initial 
compliance period described in Sec.  63.3960 is the end of a compliance 
period consisting of that month and the preceding 11 months. You must 
perform the calculations in Sec.  63.3961 on a monthly basis using data 
from the previous 12 months of operation. If you are complying with a 
facility-specific emission limit under Sec.  63.3890(c), you must also 
perform the calculation using Equation 1 in Sec.  63.3890(c)(2) on a 
monthly basis using the 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.  63.3890, this is 
a deviation from the emission limitation for that compliance period 
that must be reported as specified in Sec. Sec.  63.3910(c)(6) and 
63.3920(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.3892 that applies to you, as specified in 
Table 1 to this subpart, when the coating line is in operation.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating 
limit that must be reported as specified in Sec. Sec.  63.3910(c)(6) 
and 63.3920(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 1 to this subpart, then you must assume that the 
emission capture system and add-on control device were achieving zero 
efficiency during the time period of the deviation, 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.
    (d) You must meet the requirements for bypass lines in Sec.  
63.3968(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.  63.3910(c)(6) and 63.3920(a)(7). For the purposes of 
completing the compliance calculations specified in Sec. Sec.  
63.3961(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.  63.3961.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.3893. 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.  63.3930(k)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec.  63.3910(c)(6) and 63.3920(a)(7).
    (f) As part of each semiannual compliance report required in Sec.  
63.3920, 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.  
63.3890, and you achieved the operating limits required by Sec.  
63.3892 and the work practice standards required by Sec.  63.3893 
during each compliance period.
    (g) During periods of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency, you must 
operate in accordance with the startup, shutdown, and malfunction plan 
required by Sec.  63.3900(c).
    (h) [Reserved]
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec.  63.3930 
and 63.3931.


Sec.  63.3964  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.3960 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.  63.3965. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.3966.


Sec.  63.3965  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.  63.3960.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from 
the enclosure to an add-on control device.
    (2) All coatings, thinners and/or other additives, and cleaning 
materials used in the coating operation are applied within the capture 
system; coating solvent flash-off, curing, and drying occurs within the 
capture system; and the removal or evaporation of cleaning materials 
from the surfaces they are applied to occurs within the capture system. 
For example, this criterion is not met if parts enter the open shop 
environment when being moved between a spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of the production, which includes

[[Page 178]]

surface preparation activities and drying and curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners and/or other 
additives, and cleaning materials are applied, and all areas where 
emissions from these applied coatings and materials subsequently occur, 
such as flash-off, curing, and drying areas. The areas of the coating 
operation where capture devices collect emissions for routing to an 
add-on control device, such as the entrance and exit areas of an oven 
or spray booth, must also be inside the enclosure. The enclosure must 
meet the applicable definition of a temporary total enclosure or 
building enclosure in Method 204 of appendix M to 40 CFR part 51.
    (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating, 
thinner and/or other additive, and cleaning material used in the 
coating operation during each capture efficiency test run. To make the 
determination, substitute TVH for each occurrence of the term VOC in 
the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings, thinners and/or other 
additives, and cleaning materials used in the coating operation during 
each capture efficiency test run:
[GRAPHIC] [TIFF OMITTED] TR02JA04.023

Where:

TVHused = 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, thinner and/or other 
additive, or cleaning material, i, that is used in the coating 
operation during the capture efficiency test run, kg TVH per kg 
material.
Voli = Total volume of coating, thinner and/or other 
additive, or cleaning material, i, used in the coating operation during 
the capture efficiency test run, liters.
Di = Density of coating, thinner and/or other additive, or 
cleaning material, i, kg material per liter material.
n = Number of different coatings, thinners and/or other additives, and 
cleaning materials 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 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the 
enclosure is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR 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] TR02JA04.024

Where:

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

    (6) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (d) Gas-to-gas protocol using a temporary total enclosure or a 
building enclosure. The gas-to-gas protocol compares the mass of TVH 
emissions captured by the emission capture system to the mass of TVH 
emissions not captured. Use a temporary total enclosure or a building 
enclosure and the procedures in paragraphs (d)(1) through (5) of this 
section to measure emission capture system efficiency using the gas-to-
gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings, thinners and/or other 
additives, and cleaning materials are applied, and all areas where 
emissions from these applied coatings and materials subsequently occur, 
such as flash-off, curing, and drying areas. The areas of the coating 
operation where capture devices collect emissions generated by the 
coating operation for routing to an add-on control device, such as the 
entrance and exit areas of an oven or a spray booth, must also be 
inside the enclosure. The enclosure must meet the applicable definition 
of a temporary total enclosure or building enclosure in Method 204 of 
appendix M to 40 CFR part 51.
    (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions captured by the emission

[[Page 179]]

capture system during each capture efficiency test run as measured at 
the inlet to the add-on control device. To make the measurement, 
substitute TVH for each occurrence of the term VOC in the methods.
    (i) The sampling points for the Method 204B or 204C measurement 
must be upstream from the add-on control device and must represent 
total emissions routed from the capture system and entering the add-on 
control device.
    (ii) If multiple emission streams from the capture system enter the 
add-on control device without a single common duct, then the emissions 
entering the add-on control device must be simultaneously measured in 
each duct and the total emissions entering the add-on control device 
must be determined.
    (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to 
measure the total mass, kg, of TVH emissions that are not captured by 
the emission capture system; they are measured as they exit the 
temporary total enclosure or building enclosure during each capture 
efficiency test run. To make the measurement, substitute TVH for each 
occurrence of the term VOC in the methods.
    (i) Use Method 204D of appendix M to 40 CFR part 51 if the 
enclosure is a temporary total enclosure.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure, other than the coating operation for which capture 
efficiency is being determined, must be shut down, but all fans and 
blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.025

Where:

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

    (5) Determine the capture efficiency of the emission capture system 
as the average of the capture efficiencies measured in the three test 
runs.
    (e) Alternative capture efficiency protocol. As an alternative to 
the procedures specified in paragraphs (c) and (d) of this section and 
subject to the approval of the Administrator, 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.  63.3966  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.  63.3960. 
You must conduct three test runs as specified in Sec.  63.7(e)(3) and 
each test run must last at least 1 hour. If the source is a magnet wire 
coating machine, you may use the procedures in section 3.0 of appendix 
A to this subpart as an alternative.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight.
    (4) Use Method 4 of appendix A to 40 CFR part 60, to determine 
stack gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A of appendix A to 40 CFR part 60.
    (1) Use Method 25 if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be more 
than 50 parts per million (ppm) at the control device outlet.
    (2) Use Method 25A if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be 50 
ppm or less at the control device outlet.
    (3) Use Method 25A if the add-on control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet to the 
atmosphere of each device. For example, if one add-on control device is 
a concentrator with an outlet to the atmosphere for the high-volume 
dilute stream that has been treated by the concentrator, and a second 
add-on control device is an oxidizer with an outlet to the atmosphere 
for the low-volume concentrated stream that is treated with the 
oxidizer, you must measure emissions at the outlet of the oxidizer and 
the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and the outlet of the add-on 
control device, using Equation 1 of this section. If there is more than 
one inlet or outlet to the add-on control device, you must calculate 
the total gaseous organic mass flow rate using Equation 1 of this 
section for each inlet and each outlet and then total all of the inlet 
emissions and total all of the outlet emissions:
[GRAPHIC] [TIFF OMITTED] TR02JA04.026


[[Page 180]]


Where:

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

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR02JA04.027

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.  63.3967  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.  63.3960 and described 
in Sec. Sec.  63.3964, 63.3965, and 63.3966, you must establish the 
operating limits required by Sec.  63.3892 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.3892.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section. 
If the source is a magnet wire coating machine, you may use the 
procedures in section 3.0 of appendix A to this subpart as an 
alternative.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature just before the catalyst bed and the 
average temperature difference across the catalyst bed maintained 
during the performance test. These are the minimum operating limits for 
your catalytic oxidizer.
    (3) You must monitor the temperature at the inlet to the catalyst 
bed and implement a site-specific inspection and maintenance plan for 
your catalytic oxidizer as specified in paragraph (b)(4) of this 
section. During the performance test, you must monitor and record the 
temperature just before the catalyst bed at least once every 15 minutes 
during each of the three test runs. Use the data collected during the 
performance test to calculate and record the average temperature just 
before the catalyst bed during the performance test. This is the 
minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures. If problems are found during the 
catalyst activity test, you must replace the catalyst bed or take other 
corrective action consistent with the manufacturer's recommendations.
    (ii) Monthly external inspection of the catalytic 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 inspection of the catalyst bed to check for 
channeling, abrasion, and settling. If problems are found during the 
annual internal inspection of the catalyst, you must replace the 
catalyst bed or take other corrective action consistent with the 
manufacturer's recommendations. If the catalyst bed is replaced and is 
not of like or better kind and quality as the old catalyst then you 
must conduct a new performance test to determine destruction efficiency 
according to Sec.  63.3966. If a catalyst bed is replaced and the 
replacement catalyst is of like or better kind and quality as the old 
catalyst, then a new performance test to determine destruction 
efficiency is not required and you may continue to use the previously 
established operating limits for that catalytic oxidizer.
    (c) Regenerative carbon adsorbers. If your add-on control device is 
a regenerative carbon adsorber, establish the operating limits 
according to paragraphs (c)(1) and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
and the carbon bed temperature after each carbon bed regeneration and 
cooling cycle for the regeneration cycle either immediately preceding 
or immediately following the performance test.
    (2) The operating limits for your regenerative carbon adsorber are 
the minimum total desorbing gas mass flow recorded during the 
regeneration cycle and the maximum carbon bed temperature recorded 
after the cooling cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) 
of this section.

[[Page 181]]

    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the minimum operating 
limit for the dilute stream across the concentrator.
    (f) Emission capture systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec.  63.3965(a), establish an 
operating limit for either the gas volumetric flow rate or duct static 
pressure, as specified in paragraphs (f)(1) and (2) of this section. 
The operating limit for a PTE is specified in Table 1 to this subpart. 
If the source is a magnet wire coating machine, you may use the 
procedures in section 2.0 of appendix A to this subpart as an 
alternative.
    (1) During the capture efficiency determination required by Sec.  
63.3960 and described in Sec. Sec.  63.3964 and 63.3965, 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.  63.3968  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

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

[[Page 182]]

15 minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. Each time the flow direction changes, the next reading 
of the time of occurrence and flow direction must be recorded. The flow 
direction indicator must be installed in each bypass line or air makeup 
supply line that could divert the emissions away from the add-on 
control device to the atmosphere.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec.  63.3920.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install gas temperature monitors 
upstream and/or downstream of the catalyst bed as required in Sec.  
63.3967(b).
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (v) of 
this section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 5 
degrees Fahrenheit or 1.0 percent of the temperature value, whichever 
is larger.
    (iii) Before using the sensor for the first time or when relocating 
or replacing the sensor, perform a validation check by comparing the 
sensor output to a calibrated temperature measurement device or by 
comparing the sensor output to a simulated temperature.
    (iv) Conduct an accuracy audit every quarter and after every 
deviation. Accuracy audit methods include comparisons of sensor output 
to redundant temperature sensors, to calibrated temperature measurement 
devices, or to temperature simulation devices.
    (v) Conduct a visual inspection of each sensor every quarter if 
redundant temperature sensors are not used.
    (d) Regenerative carbon adsorbers. If you are using a regenerative 
carbon adsorber as an add-on control device, you must monitor the total 
regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each 
regeneration cycle, the carbon bed temperature after each regeneration 
and cooling cycle, and comply with paragraphs (a)(3) through (5) and 
(d)(1) through (3) of this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must be capable of recording 
the temperature within 15 minutes of completing any carbon bed cooling 
cycle.
    (3) For all regenerative carbon adsorbers, you must meet the 
requirements in paragraphs (c)(3)(i) through (v) of this section for 
each temperature monitoring device.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a) and (e)(1) and (2) of this section.
    (1) The temperature monitor must provide a gas temperature record 
at least once every 15 minutes.
    (2) For all condensers, you must meet the requirements in 
paragraphs (c)(3)(i) through (v) of this section for each temperature 
monitoring device.
    (f) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must comply with 
the requirements in paragraphs (f)(1) and (2) of this section.
    (1) You must install a temperature monitor in the desorption gas 
stream. The temperature monitor must meet the requirements in 
paragraphs (a) and (c)(3) of this section.
    (2) You must install a device to monitor pressure drop across the 
zeolite wheel or rotary carbon bed. The pressure monitoring device must 
meet the requirements in paragraphs (a) and (g)(2) of this section.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section. If the source is a magnet wire coating machine, 
you may use the procedures in section 2.0 of appendix A to this subpart 
as an alternative.
    (1) For each flow measurement device, you must meet the 
requirements in paragraphs (a) and (g)(1)(i) through (vii) of this 
section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Use a flow sensor with an accuracy of at least 10 percent of 
the flow.
    (iii) Perform an initial sensor calibration in accordance with the 
manufacturer's requirements.
    (iv) Perform a validation check before initial use or upon 
relocation or replacement of a sensor. Validation checks include 
comparison of sensor values with electronic signal simulations or via 
relative accuracy testing.
    (v) Conduct an accuracy audit every quarter and after every 
deviation. Accuracy audit methods include comparisons of sensor values 
with electronic signal simulations or via relative accuracy testing.
    (vi) Perform leak checks monthly.
    (vii) Perform visual inspections of the sensor system quarterly if 
there is no redundant sensor.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a) and (g)(2)(i) through (vii) of this 
section.
    (i) Locate the pressure sensor(s) in or as close to a position that 
provides a representative measurement of the pressure drop across each 
opening you are monitoring.
    (ii) Use a pressure sensor with an accuracy of at least 0.5 inches 
of water column or 5 percent of the measured value, whichever is 
larger.
    (iii) Perform an initial calibration of the sensor according to the 
manufacturer's requirements.
    (iv) Conduct a validation check before initial operation or upon 
relocation or replacement of a sensor. Validation checks include 
comparison of sensor values to calibrated pressure measurement devices 
or to pressure simulation using calibrated pressure sources.
    (v) Conduct accuracy audits every quarter and after every 
deviation. Accuracy audits include comparison of sensor values to 
calibrated pressure measurement devices or to pressure simulation using 
calibrated pressure sources.
    (vi) Perform monthly leak checks on pressure connections. A 
pressure of at least 1.0 inches of water column to the connection must 
yield a stable sensor result for at least 15 seconds.
    (vii) Perform a visual inspection of the sensor at least monthly if 
there is no redundant sensor.

[[Page 183]]

Other Requirements and Information


Sec.  63.3980  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S. 
Environmental Protection Agency (EPA), or a delegated authority such as 
your State, local, or tribal agency. If the Administrator has delegated 
authority to your State, local, or tribal agency, then that agency (as 
well as the EPA) has the authority to implement and enforce this 
subpart. You should contact your EPA Regional Office to find out if 
implementation and enforcement of this subpart is delegated to your 
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the Administrator and are not transferred to the State, 
local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the requirements in Sec.  63.3881 
through 3883 and Sec.  63.3890 through 3893.
    (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.  63.3981  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:
    Additive means a material that is added to a coating after purchase 
from a supplier (e.g., catalysts, activators, accelerators).
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive, adhesive coating means any chemical substance that is 
applied for the purpose of bonding two surfaces together. Products used 
on humans and animals, adhesive tape, contact paper, or any other 
product with an adhesive incorporated onto or in an inert substrate 
shall not be considered adhesives under this subpart.
    Assembled on-road vehicle coating means any coating operation in 
which coating is applied to the surface of some component or surface of 
a fully assembled motor vehicle or trailer intended for on-road use 
including, but not limited to, components or surfaces on automobiles 
and light-duty trucks that have been repaired after a collision or 
otherwise repainted, fleet delivery trucks, and motor homes and other 
recreational vehicles (including camping trailers and fifth wheels). 
Assembled on-road vehicle coating includes the concurrent coating of 
parts of the assembled on-road vehicle that are painted off-vehicle to 
protect systems, equipment, or to allow full coverage. Assembled on-
road vehicle coating does not include surface coating operations that 
meet the applicability criteria of the automobiles and light-duty 
trucks NESHAP. Assembled on-road vehicle coating also does not include 
the use of adhesives, sealants, and caulks used in assembling on-road 
vehicles.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to 
collect emissions generated by a coating operation in the use of 
coatings or cleaning materials, both at the point of application and at 
subsequent points where emissions from the coatings and cleaning 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
coating operation are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting or paint stripping), from a substrate before or after 
coating application or from equipment associated with a coating 
operation, such as spray booths, spray guns, racks, tanks, and hangers. 
Thus, it includes any cleaning material used on substrates or equipment 
or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, liquid plastic coatings, caulks, inks, 
adhesives, and maskants. Decorative, protective, or functional 
materials that consist only of protective oils for metal, acids, bases, 
or any combination of these substances, or paper film or plastic film 
which may be pre-coated with an adhesive by the film manufacturer, are 
not considered coatings for the purposes of this subpart. A liquid 
plastic coating means a coating made from fine particle-size polyvinyl 
chloride (PVC) in solution (also referred to as a plastisol).
    Coating operation means equipment used to apply cleaning materials 
to a substrate to prepare it for coating application (surface 
preparation) or to remove dried coating; to apply coating to a 
substrate (coating application) and to dry or cure the coating after 
application; or to clean coating operation equipment (equipment 
cleaning). A single coating operation may include any combination of 
these types of equipment, but always includes at least the point at 
which a given quantity of coating or cleaning material is applied to a 
given part and all subsequent points in the affected source where 
organic HAP are emitted from the specific quantity of coating or 
cleaning material on the specific part. There may be multiple coating 
operations in an affected source. Coating application with handheld, 
non-refillable aerosol containers, touch-up markers, or marking pens is 
not a coating operation for the purposes of this subpart.
    Coatings solids means the nonvolatile portion of the coating that 
makes up the dry film.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of coating operation, or 
capture system, or add-on control device parameters.
    Controlled coating operation means a coating operation from which 
some or all of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:

    (1) Fails to meet any requirement or obligation established by 
this subpart including but not limited to, any emission limit or 
operating limit or work practice standard;
    (2) Fails to meet any term or condition that is adopted to 
implement an applicable requirement in this subpart and that is 
included in the operating permit for any affected source required to 
obtain such a permit; or
    (3) Fails to meet any emission limit, or operating limit, or 
work practice standard in this subpart during startup, shutdown, or

[[Page 184]]

malfunction, regardless of whether or not such failure is permitted 
by this subpart.

    Emission limitation means the aggregate of all requirements 
associated with a compliance option including emission limit, operating 
limit, work practice standard, etc.
    Enclosure means a structure that surrounds a source of emissions 
and captures and directs the emissions to an add-on control device.
    Exempt compound means a specific compound that is not considered a 
VOC due to negligible photochemical reactivity. The exempt compounds 
are listed in 40 CFR 51.100(s).
    Extreme performance fluoropolymer coating means coatings that are 
formulated systems based on fluoropolymer resins which often contain 
bonding matrix polymers dissolved in non-aqueous solvents as well as 
other ingredients. Extreme performance fluoropolymer coatings are 
typically used when one or more critical performance criteria are 
required including, but not limited to a nonstick low-energy surface, 
dry film lubrication, high resistance to chemical attack, extremely 
wide operating temperature, high electrical insulating properties, or 
that the surface comply with government (e.g., USDA, FDA) or third 
party specifications for health, safety, reliability, or performance. 
Once applied to a substrate, extreme performance fluoropolymer coatings 
undergo a curing process that typically requires high temperatures, a 
chemical reaction, or other specialized technology.
    Facility maintenance means the routine repair or renovation 
(including the surface coating) of the tools, equipment, machinery, and 
structures that comprise the infrastructure of the affected facility 
and that are necessary for the facility to function in its intended 
capacity.
    General use coating means any material that meets the definition of 
coating but does not meet the definition of high performance coating, 
rubber-to-metal coating, magnet wire coating, or extreme performance 
fluoropolymer coating as defined in this section.
    High performance architectural coating means any coating applied to 
architectural subsections which is required to meet the specifications 
of Architectural Aluminum Manufacturer's Association's publication 
number AAMA 605.2-2000.
    High performance coating means any coating that meets the 
definition of high performance architectural coating or high 
temperature coating in this section.
    High temperature coating means any coating applied to a substrate 
which during normal use must withstand temperatures of at least 538 
degrees Celsius (1000 degrees Fahrenheit).
    Hobby shop means any surface coating operation, located at an 
affected source, that is used exclusively for personal, noncommercial 
purposes by the affected source's employees or assigned personnel.
    Magnet wire coatings, commonly referred to as magnet wire enamels, 
are applied to a continuous strand of wire which will be used to make 
turns (windings) in electrical devices such as coils, transformers, or 
motors. Magnet wire coatings provide high dielectric strength and turn-
to-turn conductor insulation. This allows the turns of an electrical 
device to be placed in close proximity to one another which leads to 
increased coil effectiveness and electrical efficiency.
    Magnet wire coating machine means equipment which applies and cures 
magnet wire coatings.
    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.  63.3941. 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.
    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.
    Non-HAP coating means, for the purposes of this subpart, a coating 
that contains no more than 0.1 percent by mass of any individual 
organic HAP that is an OSHA-defined carcinogen as specified in 29 CFR 
1910.1200(d)(4) and no more than 1.0 percent by mass for any other 
individual HAP.
    Organic HAP content means the mass of organic HAP emitted per 
volume of coating solids used for a coating calculated using Equation 2 
of Sec.  63.3941. 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. For 
reactive adhesives in which some of the HAP react to form solids and 
are not emitted to the atmosphere, organic HAP content is the mass of 
organic HAP that is emitted, rather than the organic HAP content of the 
coating as it is received.
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Personal watercraft means a vessel (boat) which uses an inboard 
motor powering a water jet pump as its primary source of motive power 
and which is designed to be operated by a person or persons sitting, 
standing, or kneeling on the vessel, rather than in the conventional 
manner of sitting or standing inside the vessel.
    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. 
Protective oils used on miscellaneous metal parts and products include 
magnet wire lubricants and soft temporary protective coatings that are 
removed prior to installation or further assembly of a part or 
component.
    Reactive adhesive means adhesive systems composed, in part, of 
volatile monomers that react during the adhesive curing reaction, and, 
as a result, do not evolve from the film during use. These volatile 
components instead become integral parts of the adhesive through 
chemical reaction. At least 70 percent of the liquid components of the 
system, excluding water, react during the process.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products, 
that is conducted under the close supervision of technically trained 
personnel, and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Rubber-to-metal coatings are coatings that contain heat-activated 
polymer systems in either solvent or water that, when applied to metal 
substrates, dry to a non-tacky surface and react chemically with the 
rubber and metal during a vulcanization process.
    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

[[Page 185]]

of a substrate. This includes use of a cleaning material to remove 
dried coating, which is sometimes called depainting.
    Temporary total enclosure means an enclosure constructed for the 
purpose of measuring the capture efficiency of pollutants emitted from 
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through 204F of appendix M to 40 CFR part 51 and substituting 
the term TVH each place in the methods where the term VOC is used. The 
TVH includes both VOC and non-VOC.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as the volume of nonvolatiles) to the volume 
of a coating in which it is contained; liters (gal) of coating solids 
per liter (gal) 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 MMMM of Part 63

    If you are required to comply with operating limits by Sec.  
63.3892(c), you must comply with the applicable operating limits in the 
following table:

   Table 1 to Subpart MMMM of Part 63.--Operating Limits if Using the
                Emission Rate With Add-On Controls Option
------------------------------------------------------------------------
                                                        And you must
                                                         demonstrate
For the following device . .    You must meet the        continuous
              .                following operating   compliance with the
                                   limit . . .      operating limit by .
                                                             . .
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average        i. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.3968(c);
                               combustion           ii. Reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec.    iii. Maintaining the
                               63.3967(a).           3-hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.3968(c);
                               bed in any 3-hour    ii. Reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    iii. Maintaining the
                               according to Sec.     3-hour average
                               63.3967(b) (for       temperature before
                               magnet wire coating   (or for magnet wire
                               machines,             coating machines
                               temperature can be    after) the catalyst
                               monitored before or   bed at or above the
                               after the catalyst    temperature limit.
                               bed); and either
                              b. Ensure that the    i. Collecting the
                               average temperature   temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.3968(c);
                               any 3-hour period    ii. Reducing the
                               does not fall below   data to 3-hour
                               the temperature       block averages; and
                               difference limit     iii. Maintaining the
                               established           3-hour average
                               according to Sec.     temperature
                               63.3967(b) (2); or    difference at or
                                                     above the
                                                     temperature
                                                     difference limit.
                              c. Develop and        i. Maintaining and
                               implement an          up-to-date
                               inspection and        inspection and
                               maintenance plan      maintenance plan,
                               according to Sec.     records of annual
                               63.3967(b)(4) or      catalyst activity
                               for magnet wire       checks, records of
                               coating machines      monthly inspections
                               according to          of the oxidizer
                               section 3.0 of        system, and records
                               appendix A to this    of the annual
                               subpart.              internal
                                                     inspections of the
                                                     catalyst bed. If a
                                                     problem is
                                                     discovered during a
                                                     monthly or annual
                                                     inspection required
                                                     by Sec.
                                                     63.3967(b)(4) or
                                                     for magnet wire
                                                     coating machines by
                                                     section 3.0 of
                                                     appendix A to this
                                                     subpart, you must
                                                     take corrective
                                                     action as soon as
                                                     practicable
                                                     consistent with the
                                                     manufacturer's
                                                     recommendations.
3. Regenerative carbon        a. The total          i. Measuring the
 adsorber.                     regeneration          total regeneration
                               desorbing gas         desorbing gas
                               (e.g., steam or       (e.g., steam or
                               nitrogen) mass flow   nitrogen) mass flow
                               for each carbon bed   for each
                               regeneration cycle    regeneration cycle
                               must not fall below   according to Sec.
                               the total             63.3968(d); and
                               regeneration         ii. Maintaining the
                               desorbing gas mass    total regeneration
                               flow limit            desorbing gas mass
                               established           flow at or above
                               according to Sec.     the mass flow
                               63.3967(c); and       limit.
                              b. The temperature    i. Measuring the
                               of the carbon bed,    temperature of the
                               after completing      carbon bed after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle, must not       any cooling cycle
                               exceed the carbon     according to Sec.
                               bed temperature       63.3968(d); and
                               limit established    ii. Operating the
                               according to Sec.     carbon beds such
                               63.3967(c).           that each carbon
                                                     bed is not returned
                                                     to service until
                                                     completing each
                                                     regeneration and
                                                     any cooling cycle
                                                     until the recorded
                                                     temperature of the
                                                     carbon bed is at or
                                                     below the
                                                     temperature limit.
4. Condenser................  a. The average        i. Collecting the
                               condenser outlet      condenser outlet
                               (product side) gas    (product side) gas
                               temperature in any    temperature
                               3-hour period must    according to Sec.
                               not exceed the        63.3968(e);
                               temperature limit    ii. Reducing the
                               established           data to 3-hour
                               according to Sec.     block averages; and
                               63.3967(d).          iii. Maintaining the
                                                     3-hour average gas
                                                     temperature at the
                                                     outlet at or below
                                                     the temperature
                                                     limit.
5. Concentrators, including   a. The average gas    i. Collecting the
 zeolite wheels and rotary     temperature of the    temperature data
 carbon adsorbers.             desorption            according to
                               concentrate stream    63.3968(f);
                               in any 3-hour        ii. Reducing the
                               period must not       data to 3-hour
                               fall below the        block averages; and
                               limit established    iii. Maintaining the
                               according to Sec.     3-hour average
                               63.3967(e); and       temperature at or
                                                     above the
                                                     temperature limit.

[[Page 186]]

 
                              b. The average        i. Collecting the
                               pressure drop of      pressure drop data
                               the dilute stream     according to
                               across the            63.3968(f);
                               concentrator in any  ii. Reducing the
                               3-hour period must    pressure drop data
                               not fall below the    to 3-hour block
                               limit established     averages; and
                               according to Sec.    iii. Maintaining the
                               63.3967(e).           3-hour average
                                                     pressure drop at or
                                                     above the pressure
                                                     drop limit.
6. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE according to    the air flow at all   direction of air
 Sec.   63.3965(a).            times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               either                of air through all
                                                     natural draft
                                                     openings according
                                                     to Sec.
                                                     63.3968(b)(1) or
                                                     the pressure drop
                                                     across the
                                                     enclosure according
                                                     to Sec.
                                                     63.3968(g)(2); and
                                                    ii. Maintaining the
                                                     facial velocity of
                                                     air flow through
                                                     all natural draft
                                                     openings or the
                                                     pressure drop at or
                                                     above the facial
                                                     velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
                              b. The average        i. See items 6.a.i
                               facial velocity of    and 6.a.ii.
                               air through all
                               natural draft
                               openings in the
                               enclosure must be
                               at least 200 feet
                               per minutes; or
                              c. The pressure drop  i. See items 6.a.i
                               across the            and 6.a.ii.
                               enclosure must be
                               at least 0.007 inch
                               H2O, as established
                               in Method 204 of
                               appendix M to 40
                               CFR part 51.
7. Emission capture system    a. The average gas    i. Collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec.   63.3965(a).         rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.3968(g);
                               device inlet in any  ii. Reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   iii. Maintaining the
                               flow rate or duct     3-hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec.   63.3967(f).    or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limited.
------------------------------------------------------------------------

    You must comply with the applicable General Provisions requirements 
according to the following table:

       Table 2 to Subpart MMMM of Part 63.--Applicability of General Provisions to Subpart MMMM of Part 63
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject          Applicable to subpart MMMM        Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(14).............  General Applicability.  Yes........................
Sec.   63.1(b)(1)-(3)..............  Initial Applicability   Yes........................  Applicability to
                                      Determination.                                       subpart MMMM is also
                                                                                           specified in Sec.
                                                                                           63.3881.
Sec.   63.1(c)(1)..................  Applicability After     Yes........................
                                      Standard Established.
Sec.   63.1(c)(2)-(3)..............  Applicability of        No.........................  Area sources are not
                                      Permit Program for                                   subject to subpart
                                      Area Sources.                                        MMMM.
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.
                                                                                             63.3981.
Sec.   63.1(a)-(c).................  Units and               Yes........................
                                      Abbreviations.
Sec.   63.4(a)(1)-(5)..............  Prohibited Activities.  Yes........................
Sec.   63.4(b)-(c).................  Circumvention/          Yes........................
                                      Severability.
Sec.   63.5(a).....................  Construction/           Yes........................
                                      Reconstruction.
Sec.   63.5(b)(1)-(6)..............  Requirements for        Yes........................
                                      Existing Newly
                                      Constructed, and
                                      Reconstructed Sources.
Sec.   63.5(d).....................  Application for         Yes........................
                                      Approval of
                                      Construction/
                                      Reconstruction.
Sec.   63.5(e).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction.
Sec.   63.5(f).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction Based
                                      on Prior State Review.
Sec.   63.6(a).....................  Compliance With         Yes........................
                                      Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility.
Sec.   63.6(b)(1)-(7)..............  Compliance Dates for    Yes........................  Section 63.3883
                                      New and Reconstructed                                specifies the
                                      Sources.                                             compliance dates.
Sec.   63.6(c)(1)-(5)..............  Compliance Dates for    Yes........................  Section 63.3883
                                      Existing Sources.                                    specifies the
                                                                                           compliance dates.

[[Page 187]]

 
Sec.   63.6(e)(1)-(2)..............  Operation and           Yes........................
                                      Maintenance.
Sec.   63.6(e)(3)..................  Startup, Shutdown, and  Yes........................  Only sources using an
                                      Malfunction Plan.                                    add-on control device
                                                                                           to comply with the
                                                                                           standard must
                                                                                           complete startup,
                                                                                           shutdown, and
                                                                                           malfunction plans.
Sec.   63.6(f)(1)..................  Compliance Except       Yes........................  Applies only to
                                      During Startup,                                      sources using an add-
                                      Shutdown, and                                        on control device to
                                      Malfunction.                                         comply with the
                                                                                           standard.
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 MMMM does not
                                      Opacity/Visible                                      establish opacity
                                      Emission Standards.                                  standards and does
                                                                                           not require
                                                                                           continuous opacity
                                                                                           monitoring systems
                                                                                           (COMS).
Sec.   63.6(i)(1)-(16).............  Extension of            Yes........................
                                      Compliance.
Sec.   63.6(j).....................  Presidential            Yes........................
                                      Compliance Exemption.
Sec.   63.7(a)(1)..................  Performance Test        Yes........................  Applies to all
                                      Requirements--Applica                                affected sources.
                                      bility.                                              Additional
                                                                                           requirements for
                                                                                           performance testing
                                                                                           are specified in Sec.
                                                                                            Sec.   63.3964,
                                                                                           63.3965, and 63.3966.
Sec.   63.7(a)(2)..................  Performance Test        Yes........................  Applies only to
                                      Requirements--Dates.                                 performance tests for
                                                                                           capture system and
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standard.
                                                                                           Section 63.3960
                                                                                           specifies the
                                                                                           schedule for
                                                                                           performance test
                                                                                           requirements that are
                                                                                           earlier than those
                                                                                           specified in Sec.
                                                                                           63.7(a)(2).
Sec.   63.7(a)(3)..................  Performance Tests       Yes........................
                                      Required By the
                                      Administrator.
Sec.   63.7(b)-(e).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Notific                                performance tests for
                                      ation, Quality                                       capture system and
                                      Assurance, Facilities                                add-on control device
                                      Necessary for Safe                                   efficiency at sources
                                      Testing, Conditions                                  using these to comply
                                      During Test.                                         with the standard.
Sec.   63.7(f).....................  Performance Test        Yes........................  Applies to all test
                                      Requirements--Use of                                 methods except those
                                      Alternative Test                                     used to determine
                                      Method.                                              capture system
                                                                                           efficiency.
Sec.   63.7(g)-(h).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Data                                   performance tests for
                                      Analysis,                                            capture system and
                                      Recordkeeping,                                       add-on control device
                                      Reporting, Waiver of                                 efficiency at sources
                                      Test.                                                using these to comply
                                                                                           with the standard.
Sec.   63.8(a)(1)-(3)..............  Monitoring              Yes........................  Applies only to
                                      Requirements--Applica                                monitoring of capture
                                      bility.                                              system and add-on
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standard.
                                                                                           Additional
                                                                                           requirements for
                                                                                           monitoring are
                                                                                           specified in Sec.
                                                                                           63.3968.
Sec.   63.8(a)(4)..................  Additional Monitoring   No.........................  Subpart MMMM does not
                                      Requirements.                                        have monitoring
                                                                                           requirements for
                                                                                           flares.
Sec.   63.8(b).....................  Conduct of Monitoring.  Yes........................
Sec.   63.8(c)(1)-(3)..............  Continuous Monitoring   Yes........................  Applies only to
                                      Systems (CMS)                                        monitoring of capture
                                      Operation and                                        system and add-on
                                      Maintenance.                                         control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standard.
                                                                                           Additional
                                                                                           requirements for CMS
                                                                                           operations and
                                                                                           maintenance are
                                                                                           specified in Sec.
                                                                                           63.3968.
Sec.   63.8(c)(4)..................  CMS...................  No.........................  Sec.   63.3968
                                                                                           specifies the
                                                                                           requirements for the
                                                                                           operation of CMS for
                                                                                           capture systems and
                                                                                           add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
Sec.   63.8(c)(5)..................  COMS..................  No.........................  Subpart MMMM does not
                                                                                           have opacity or
                                                                                           visible emission
                                                                                           standards.
Sec.   63.8(c)(6)..................  CMS Requirements......  No.........................  Section 63.3968
                                                                                           specifies the
                                                                                           requirements for
                                                                                           monitoring systems
                                                                                           for capture systems
                                                                                           and add-on control
                                                                                           devices at sources
                                                                                           using these to
                                                                                           comply.
Sec.   63.8(c)(7)..................  CMS Out-of-Control      Yes........................
                                      Periods.

[[Page 188]]

 
Sec.   63.8(c)(8)..................  CMS Out-of-Control      No.........................  Sec.   63.3920
                                      Periods and Reporting.                               requires reporting of
                                                                                           CMS out-of-control
                                                                                           periods.
Sec.   63.8(d)-(e).................  Quality Control         No.........................  Subpart MMMM does not
                                      Program and CMS                                      require the use of
                                      Performance                                          continuous emissions
                                      Evaluation.                                          monitoring systems.
Sec.   63.8(f)(1)-(5)..............  Use of an Alternative   Yes........................
                                      Monitoring Method.
Sec.   63.8(f)(6)..................  Alternative to          No.........................  Subpart MMMM does not
                                      Relative Accuracy                                    require the use of
                                      Test.                                                continuous emissions
                                                                                           monitoring systems.
Sec.   63.8(g)(1)-(5)..............  Data Reduction........  No.........................  Sections 63.3967 and
                                                                                           63.3968 specify
                                                                                           monitoring data
                                                                                           reduction.
Sec.   63.9(a)-(d).................  Notification            Yes........................
                                      Requirements.
Sec.   63.9(e).....................  Notification of         Yes........................  Applies only to
                                      Performance Test.                                    capture system and
                                                                                           add-on control device
                                                                                           performance tests at
                                                                                           sources using these
                                                                                           to comply with the
                                                                                           standard.
Sec.   63.9(f).....................  Notification of         No.........................  Subpart MMMM does not
                                      Visible Emissions/                                   have opacity or
                                      Opacity Test.                                        visible emissions
                                                                                           standards.
Sec.   63.9(g)(1)-(3)..............  Additional              No.........................  Subpart MMMM does not
                                      Notifications When                                   require the use of
                                      Using CMS.                                           continuous emissions
                                                                                           monitoring systems.
Sec.   63.9(h).....................  Notification of         Yes........................  Section 63.3910
                                      Compliance Status.                                   specifies the dates
                                                                                           for submitting the
                                                                                           notification of
                                                                                           compliance status.
Sec.   63.9(i).....................  Adjustment of           Yes........................
                                      Submittal Deadlines.
Sec.   63.9(j).....................  Change in Previous      Yes........................
                                      Information.
Sec.   63.10(a)....................  Recordkeeping/          Yes........................
                                      Reporting--Applicabil
                                      ity and General
                                      Information.
Sec.   63.10(b)(1).................  General Recordkeeping   Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           Sec.   63.3930 and
                                                                                           63.3931.
Sec.   63.10(b)(2) (i)-(v).........  Recordkeeping Relevant  Yes........................  Requirements for
                                      to Startup, Shutdown,                                startup, shutdown,
                                      and Malfunction                                      and malfunction
                                      Periods and CMS.                                     records only apply to
                                                                                           add-on control
                                                                                           devices used to
                                                                                           comply with the
                                                                                           standard.
Sec.   63.10(b)(2) (vi)-(xi).......  ......................  Yes........................
Sec.   63.10(b)(2) (xii)...........  Records...............  Yes........................
Sec.   63.10(b)(2) (xiii)..........  ......................  No.........................  Subpart MMMM does not
                                                                                           require the use of
                                                                                           continuous emissions
                                                                                           monitoring systems.
Sec.   63.10(b)(2) (xiv)...........  ......................  Yes........................
Sec.   63.10(b)(3).................  Recordkeeping           Yes........................
                                      Requirements for
                                      Applicability
                                      Determinations.
Sec.   63.10(c) (1)-(6)............  Additional              Yes........................
                                      Recordkeeping
                                      Requirements for
                                      Sources with CMS.
Sec.   63.10(c) (7)-(8)............  ......................  No.........................  The same records are
                                                                                           required in Sec.
                                                                                           63.3920(a)(7).
Sec.   63.10(c) (9)-(15)...........  ......................  Yes........................
Sec.   63.10(d)(1).................  General Reporting       Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.3920.
Sec.   63.10(d)(2).................  Report of Performance   Yes........................  Additional
                                      Test Results.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.3920(b).
Sec.   63.10(d)(3).................  Reporting Opacity or    No.........................  Subpart MMMM does not
                                      Visible Emissions                                    require opacity or
                                      Observations.                                        visible emissions
                                                                                           observations.
Sec.   63.10(d)(4).................  Progress Reports for    Yes........................
                                      Sources With
                                      Compliance Extensions.
Sec.   63.10(d)(5).................  Startup, Shutdown, and  Yes........................  Applies only to add-on
                                      Malfunction Reports.                                 control devices at
                                                                                           sources using these
                                                                                           to comply with the
                                                                                           standard.
Sec.   63.10(e) (1)-(2)............  Additional CMS Reports  No.........................  Subpart MMMM does not
                                                                                           require the use of
                                                                                           continuous emissions
                                                                                           monitoring systems.
Sec.   63.10(e) (3)................  Excess Emissions/CMS    No.........................  Section 63.3920 (b)
                                      Performance Reports.                                 specifies the
                                                                                           contents of periodic
                                                                                           compliance reports.
Sec.   63.10(e) (4)................  COMS Data Reports.....  No.........................  Subpart MMMMM does not
                                                                                           specify requirements
                                                                                           for opacity or COMS.
Sec.   63.10(f)....................  Recordkeeping/          Yes........................
                                      Reporting Waiver.
Sec.   63.11.......................  Control Device          No.........................  Subpart MMMM does not
                                      Requirements/Flares.                                 specify use of flares
                                                                                           for compliance.
Sec.   63.12.......................  State Authority and     Yes........................
                                      Delegations.

[[Page 189]]

 
Sec.   63.13.......................  Addresses.............  Yes........................
Sec.   63.14.......................  Incorporation by        Yes........................
                                      Reference.
Sec.   63.15.......................  Availability of         Yes........................
                                      Information/
                                      Confidentiality.
----------------------------------------------------------------------------------------------------------------

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data and which match either the solvent blend name or the 
chemical abstract series (CAS) number. If a solvent blend matches both 
the name and CAS number for an entry, that entry's organic HAP mass 
fraction must be used for that solvent blend. Otherwise, use the 
organic HAP mass fraction for the entry matching either the solvent 
blend name or CAS number, or use the organic HAP mass fraction from 
table 4 to this subpart if neither the name or CAS number match.

     Table 3 to Subpart MMMM of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
                                                                    Average
             Solvent/solvent blend                 CAS. No.       organic HAP    Typical organic HAP, percent by
                                                                 mass fraction                mass
----------------------------------------------------------------------------------------------------------------
1. Toluene....................................        108-88-3           1.0    Toluene.
2. Xylene(s)..................................       1330-20-7           1.0    Xylenes, ethylbenzene.
3. Hexane.....................................        110-54-3           0.5    n-hexane.
4. n-Hexane...................................        110-54-3           1.0     n-hexane.
5. Ethylbenzene...............................        100-41-4           1.0     Ethylbenzene.
6. Aliphatic 140..............................  ..............           0      None.
7. Aromatic 100...............................  ..............           0.02   1% xylene, 1% cumene.
8. Aromatic 150...............................  ..............           0.09   Naphthalene.
9. Aromatic naphtha...........................      64742-95-6           0.02    1% xylene, 1% cumene.
10. Aromatic solvent..........................      64742-94-5           0.1    Naphthalene.
11. Exempt mineral spirits....................       8032-32-4           0      None.
12. Ligroines (VM & P)........................       8032-32-4           0      None.
13. Lactol spirits............................      64742-89-6           0.15   Toluene.
14. Low aromatic white spirit.................      64742-82-1           0      None.
15. Mineral spirits...........................      64742-88-7           0.01   Xylenes.
16. Hydrotreated naphtha......................      64742-48-9           0      None.
17. Hydrotreated light distillate.............      64742-47-8           0.001  Toluene.
18. Stoddard solvent..........................       8052-41-3           0.01   Xylenes.
19. Super high-flash naphtha..................      64742-95-6           0.05   Xylenes.
20. Varsol[reg] solvent.......................       8052-49-3           0.01   0.5% xylenes, 0.5% ethylbenzene.
21. VM & P naphtha............................      64742-89-8           0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixture..............      68477-31-6           0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------

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

 Table 4 to Subpart MMMM of Part 63.--Default Organic HAP Mass Fraction
                     for Petroleum Solvent Groups a
------------------------------------------------------------------------
                                          Average       Typical organic
            Solvent type                organic HAP     HAP, percent by
                                       mass fraction         mass
------------------------------------------------------------------------
Aliphatic b                                     0.03  1% Xylene, 1%
                                                       Toluene, and 1%
                                                       Ethylbenzene.
Aromatic c                                      0.06  4% Xylene, 1%
                                                       Toluene, and 1%
                                                       Ethylbenzene.
------------------------------------------------------------------------
a Use this table only if the solvent blend does not match any of the
  solvent blends in Table 3 to this subpart by either solvent blend name
  or CAS number and you only know whether the blend is aliphatic or
  aromatic.
b Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
  Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
  Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
  Naphtha, Solvent Blend.
c Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light
  Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydrocarbons,
  Light Aromatic Solvent.


[[Page 190]]

Appendix A to Subpart MMMM of Part 63--Alternative Capture Efficiency 
and Destruction Efficiency Measurement and Monitoring Procedures for 
Magnet Wire Coating Operations

    1.0 Introduction.
    1.1 These alternative procedures for capture efficiency and 
destruction efficiency measurement and monitoring are intended 
principally for newer magnet wire coating machines where the control 
device is internal and integral to the oven so that it is difficult 
or infeasible to make gas measurements at the inlet to the control 
device.
    1.2 In newer gas fired magnet wire ovens with thermal control 
(no catalyst), the burner tube serves as the control device (thermal 
oxidizer) for the process. The combustion of solvents in the burner 
tube is the principal source of heat for the oven.
    1.3 In newer magnet wire ovens with a catalyst there is either a 
burner tube (gas fired ovens) or a tube filled with electric heating 
elements (electric heated oven) before the catalyst. A large portion 
of the solvent is often oxidized before reaching the catalyst. The 
combustion of solvents in the tube and across the catalyst is the 
principal source of heat for the oven. The internal catalyst in 
these ovens cannot be accessed without disassembly of the oven. This 
disassembly includes removal of the oven insulation. Oven reassembly 
often requires the installation of new oven insulation.
    1.4 Some older magnet wire ovens have external afterburners. A 
significant portion of the solvent is oxidized within these ovens as 
well.
    1.5 The alternative procedure for destruction efficiency 
determines the organic carbon content of the volatiles entering the 
control device based on the quantity of coating used, the carbon 
content of the volatile portion of the coating and the efficiency of 
the capture system. The organic carbon content of the control device 
outlet (oven exhaust for ovens without an external afterburner) is 
determined using Method 25 or 25A.
    1.6 When it is difficult or infeasible to make gas measurements 
at the inlet to the control device, measuring capture efficiency 
with a gas-to-gas protocol (see Sec.  63.3965(d)) which relies on 
direct measurement of the captured gas stream will also be difficult 
or infeasible. In these situations, capture efficiency measurement 
is more appropriately done with a procedure which does not rely on 
direct measurement of the captured gas stream.
    1.7 Magnet wire ovens are relatively small compared to many 
other coating ovens. The exhaust rate from an oven is low and varies 
as the coating use rate and solvent loading rate change from job to 
job. The air balance in magnet wire ovens is critical to product 
quality. Magnet wire ovens must be operated under negative pressure 
to avoid smoke and odor in the workplace, and the exhaust rate must 
be sufficient to prevent over heating within the oven.
    1.8 The liquid and gas measurements needed to determine capture 
efficiency and control device efficiency using these alternative 
procedures may be made simultaneously.
    1.9 Magnet wire facilities may have many (e.g., 20 to 70 or 
more) individual coating lines each with its own capture and control 
system. With approval, representative capture efficiency and control 
device efficiency testing of one magnet wire coating machine out of 
a group of identical or very similar magnet wire coating machines 
may be performed rather than testing every individual magnet wire 
coating machine. The operating parameters must be established for 
each tested magnet wire coating machine during each capture 
efficiency test and each control device efficiency test. The 
operating parameters established for each tested magnet wire coating 
machine also serve as the operating parameters for untested or very 
similar magnet wire coating machines represented by a tested magnet 
wire coating machine.
    2.0 Capture Efficiency.
    2.1 If the capture system is a permanent total enclosure as 
described in Sec.  63.3965(a), then its capture efficiency may be 
assumed to be 100 percent.
    2.2 If the capture system is not a permanent total enclosure, 
then capture efficiency must be determined using the liquid-to-
uncaptured-gas protocol using a temporary total enclosure or 
building enclosure in Sec.  63.3965(c), or an alternative capture 
efficiency protocol (see Sec.  63.3965(e)) which does not rely on 
direct measurement of the captured gas stream.
    2.3 As an alternative to establishing and monitoring the capture 
efficiency operating parameters in Sec.  63.3967(f), the monitoring 
described in either section 2.4 or 2.5, and the monitoring described 
in sections 2.6 and 2.7 may be used for magnet wire coating 
machines.
    2.4 Each magnet wire oven must be equipped with an interlock 
mechanism which will stop or prohibit the application of coating 
either when any exhaust fan for that oven is not operating or when 
the oven experiences an over limit temperature condition.
    2.5 Each magnet wire oven must be equipped with an alarm which 
will be activated either when any oven exhaust fan is not operating 
or when the oven experiences an over limit temperature condition.
    2.6 If the interlock in 2.4 or the alarm in 2.5 is monitoring 
for over limit temperature conditions, then the temperature(s) that 
will trigger the interlock or the alarm must be included in the 
start-up, shutdown and malfunction plan and the interlock or alarm 
must be set to be activated when the oven reaches that temperature.
    2.7 Once every 6 months, each magnet wire oven must be checked 
using a smoke stick or equivalent approach to confirm that the oven 
is operating at negative pressure compared to the surrounding 
atmosphere.
    3.0 Control Device Efficiency.
    3.1 Determine the weight fraction carbon content of the volatile 
portion of each coating, thinner, additive, or cleaning material 
used during each test run using either the procedure in section 3.2 
or 3.3.
    3.2 Following the procedures in Method 204F, distill a sample of 
each coating, thinner, additive, or cleaning material used during 
each test run to separate the volatile portion. Determine the weight 
fraction carbon content of each distillate using ASTM Method D5291-
02, ``Standard Test Methods for Instrumental Determination of 
Carbon, Hydrogen, and Nitrogen in Petroleum Products and 
Lubricants'' (incorporated by reference, see Sec.  63.14).
    3.3 Analyze each coating, thinner, additive or cleaning material 
used during each test run using Method 311. For each volatile 
compound detected in the gas chromatographic analysis of each 
coating, thinner, additive, or cleaning material calculate the 
weight fraction of that whole compound in the coating, thinner, 
additive, or cleaning material. For each volatile compound detected 
in the gas chromatographic analysis of each coating, thinner, 
additive, or cleaning material calculate the weight fraction of the 
carbon in that compound in the coating, thinner, additive, or 
cleaning material. Calculate the weight fraction carbon content of 
each coating, thinner, additive, or cleaning material as the ratio 
of the sum of the carbon weight fractions divided by the sum of the 
whole compound weight fractions.
    3.4 Determine the mass fraction of total volatile hydrocarbon 
(TVHi) in each coating, thinner, additive, or cleaning 
material, i, used during each test run using Method 24. The mass 
fraction of total volatile hydrocarbon equals the weight fraction 
volatile matter (Wv in Method 24) minus the weight 
fraction water (Ww in Method 24), if any, present in the 
coating. The ASTM Method D6053-00, ``Standard Test Method for 
Determination of Volatile Organic Compound (VOC) Content of 
Electrical Insulating Varnishes'' (incorporated by reference, see 
Sec.  63.14), may be used as an alternative to Method 24 for magnet 
wire enamels. The specimen size for testing magnet wire enamels with 
ASTM Method D6053-00 must be 2.0 +/- 0.1 grams.
    3.5 Determine the volume (VOLi) or mass 
(MASSi) of each coating, thinner, additive, or cleaning 
material, i, used during each test run.
    3.6 Calculate the total volatile hydrocarbon input 
(TVHCinlet) to the control device during each test run, 
as carbon, using Equation 1:
[GRAPHIC] [TIFF OMITTED] TR02JA04.028


[[Page 191]]


where:

TVHi = Mass fraction of TVH in coating, thinner, 
additive, or cleaning material, i, used in the coating operation 
during the test run.
VOLi = Volume of coating, thinner, additive, or cleaning 
material, i, used in the coating operation during the test run, 
liters.
Di = Density of coating, thinner, additive, or cleaning 
material, i, used in the coating operation during the test run, kg 
per liter.
CDi = Weight fraction carbon content of the distillate 
from coating, thinner, additive, or cleaning material, i, used in 
the coating operation during the test run, percent.
n = Number of coating, thinner, additive, and cleaning materials 
used in the coating operation during the test run.

    3.7 If the mass, MASSi, of each coating, solvent, 
additive, or cleaning material, i, used during the test run is 
measured directly then MASSi can be substituted for 
VOLi x Di in Equation 1 in section 3.6.
    3.8 Determine the TVHC output (TVHCoutlet) from the 
control device, as carbon, during each test run using the methods in 
Sec.  63.3966(a) and the procedure for determining Mfo in 
Sec.  63.3966(d). TVHCoutlet equals Mfo times 
the length of the test run in hours.
    3.9 Determine the control device efficiency (DRE) for each test 
run using Equation 2:
[GRAPHIC] [TIFF OMITTED] TR02JA04.029

    3.10 The efficiency of the control device is the average of the 
three individual test run values determined in section 3.9.
    3.11 As an alternative to establishing and monitoring the 
destruction efficiency operating parameters for catalytic oxidizers 
in Sec.  63.3967(b), the monitoring described in sections 3.12 and 
3.13 may be used for magnet wire coating machines equipped with 
catalytic oxidizers.
    3.12 During the performance test, you must monitor and record 
the temperature either just before or just after 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 either just before or just after the 
catalyst bed during the performance test. This is the minimum 
operating limit for your catalytic oxidizer and for the catalytic 
oxidizers in identical or very similar magnet wire coating machines 
represented by the tested magnet wire coating machine.
    3.13 You must develop and implement an inspection and 
maintenance plan for your catalytic oxidizer(s). The plan must 
address, at a minimum, the elements specified in sections 3.14 and 
3.15, and the elements specified in either (a) section 3.16 or (b) 
sections 3.17 and 3.18.
    3.14 You must conduct a monthly external inspection of each 
catalytic 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.
    3.15 You must conduct an annual internal inspection of each 
accessible catalyst bed to check for channeling, abrasion, and 
settling. If problems are found, you must replace the catalyst bed 
or take corrective action consistent with the manufacturer's 
recommendations. This provision does not apply to internal catalysts 
which cannot be accessed without disassembling the magnet wire oven.
    3.16 You must take a sample of each catalyst bed and perform an 
analysis of the catalyst activity (i.e., conversion efficiency) 
following the manufacturer's or catalyst supplier's recommended 
procedures. This sampling and analysis must be done within the time 
period shown in Table 1 below of the most recent of the last 
catalyst activity test or the last catalyst replacement. For 
example, if the warranty for the catalyst is 3 years and the 
catalyst was more recently replaced then the sampling and analysis 
must be done within the earlier of 26,280 operating hours or 5 
calendar years of the last catalyst replacement. If the warranty for 
the catalyst is 3 years and the catalyst was more recently tested 
then the sampling and analysis must be done within the earlier of 
13,140 operating hours or 3 calendar years of the last catalyst 
activity test. If problems are found during the catalyst activity 
test, you must replace the catalyst bed or take corrective action 
consistent with the manufacturer's recommendations.

               Table 1.--Catalyst Monitoring Requirements
------------------------------------------------------------------------
                                                       And the catalyst
                                     Then the time     was more recently
                                   between catalyst    tested, then the
 If the catalyst was last (more     replacement and      time between
   recently) replaced and the      the next catalyst   catalyst activity
    warranty period is . . .         activity test       tests cannot
                                   cannot exceed the  exceed the earlier
                                   earlier of . . .        of . . .
------------------------------------------------------------------------
1 year..........................  8,760 operating     8,760 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
2 years.........................  15,520 operating    8,760 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
3 years.........................  26,280 operating    13,100 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
4 years.........................  35,040 operating    17,520 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
5 or more years.................  43,800 operating    21,900 operating
                                   hours or 5          hours or 3
                                   calendar years.     calendar years.
------------------------------------------------------------------------

    3.17 During the performance test, you must determine the average 
concentration of organic compounds as carbon in the magnet wire oven 
exhaust stack gases (Cc in Equation 1 in Sec.  
63.3966(d)) and the destruction efficiency of the catalytic 
oxidizer, and calculate the operating limit for oven exhaust stack 
gas concentration as follows. You must identify the highest organic 
HAP content coating used on this magnet wire coating machine or any 
identical or very similar magnet wire coating machines to which the 
same destruction efficiency test results will be applied. Calculate 
the percent emission reduction necessary to meet the magnet wire 
coating emission limit when using this coating. Calculate the 
average concentration of organic compounds as carbon in the magnet 
wire oven exhaust stack gases that would be equivalent to exactly 
meeting the magnet wire coating emissions limit when using the 
highest organic HAP content coating. The maximum operating limit for 
oven exhaust stack gas concentration equals 90 percent of this 
calculated concentration.
    3.18 For each magnet wire coating machine equipped with a 
catalytic oxidizer you must perform an annual 10 minute test of the 
oven exhaust stack gases using EPA Method 25A. This test must be 
performed under steady state operating conditions similar to those 
at which the last destruction efficiency test for equipment of that 
type (either the specific magnet wire coating machine or an 
identical or very similar magnet wire coating machine) was 
conducted. If the average exhaust stack gas concentration during the 
annual test of a magnet wire coating machine equipped with a 
catalytic oxidizer is greater than the operating limit established 
in section 3.17 then that is a deviation from the operating limit 
for that catalytic oxidizer. If problems are found during the annual 
10-minute test of the oven exhaust stack gases, you must replace the 
catalyst bed or take other corrective action consistent with the 
manufacturer's recommendations.
    3.19 If a catalyst bed is replaced and the replacement catalyst 
is not of like or better kind and quality as the old catalyst, then 
you

[[Page 192]]

must conduct a new performance test to determine destruction 
efficiency according to Sec.  63.3966 and establish new operating 
limits for that catalytic oxidizer unless destruction efficiency 
test results and operating limits for an identical or very similar 
unit (including consideration of the replacement catalyst) are 
available and approved for use for the catalytic oxidizer with the 
replacement catalyst.
    3.20 If a catalyst bed is replaced and the replacement catalyst 
is of like or better kind and quality as the old catalyst, then a 
new performance test to determine destruction efficiency is not 
required and you may continue to use the previously established 
operating limits for that catalytic oxidizer.

[FR Doc. 03-21917 Filed 12-31-03; 8:45 am]
BILLING CODE 6560-50-P