[Federal Register Volume 69, Number 75 (Monday, April 19, 2004)]
[Rules and Regulations]
[Pages 20968-21022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9]



[[Page 20967]]

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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 Plastic Parts and Products; Final Rule

  Federal Register / Vol. 69, No. 75 / Monday, April 19, 2004 / Rules 
and Regulations  

[[Page 20968]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[OAR-2002-0074; FRL-7554-4]
RIN 2060-AG57


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Plastic 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 plastic 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 
plastic parts and products surface coating source category. The organic 
HAP emitted by these operations include methyl ethyl ketone (MEK), 
methyl isobutyl ketone (MIBK), toluene, ethylene glycol monobutyl ether 
(EGBE) and other glycol ethers, and xylenes. 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 80 percent.

DATES: The final rule is effective April 19, 2004. The incorporation by 
reference of certain publications listed in the final rule is approved 
by the Director of the Federal Register as of April 19, 2004.

ADDRESSES: Docket. Docket ID No. OAR-2002-0074 (formerly Docket No. A-
99-12) 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 Plastic Parts and Products-Summary of 
Public Comments and Responses on Proposed Rule'' (EPA-453/R-03-007).

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 plastic parts and 
products. In general, facilities that coat plastic 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 plastic parts and products.

                    Table 1.--Categories and Entities Potentially Regulated by the Final Rule
----------------------------------------------------------------------------------------------------------------
               Category                          NAICS              Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Industrial............................  337214                   Office furniture, except wood.
                                        32614, 32615             Plastic foam products (e.g., pool floats,
                                                                  wrestling mats, life jackets).
                                        326199                   Plastic products not elsewhere classified
                                                                  (e.g., name plates, coin holders, storage
                                                                  boxes, license plate housings, cosmetic caps,
                                                                  cup holders).
                                        333313                   Office machines.
                                        33422                    Radio and television broadcasting and
                                                                  communications equipment (e.g., cellular
                                                                  telephones).
                                        336211                   Motor Vehicle Body Manufacturing.
                                        336399                   Motor vehicle parts and accessories.
                                        336212                   Truck Trailer Manufacturing.
                                        336213                   Motor Home Manufacturing.
                                        336214                   Travel Trailer and Camper Manufacturing.
                                        336999                   Transportation equipment not elsewhere
                                                                  classified (e.g., snowmobile hoods, running
                                                                  boards, tractor body panels, personal
                                                                  watercraft parts).
                                        339111, 339112           Medical equipment and supplies.
                                        33992                    Sporting and athletic goods.
                                        33995                    Signs and advertising specialties.
                                        339999                   Manufacturing industries not elsewhere
                                                                  classified (e.g., bezels, consoles, panels,
                                                                  lenses).
Federal, State, and Local Governments.  .......................  Government owned or operated facilities that
                                                                  perform plastic parts and products surface
                                                                  coating.
----------------------------------------------------------------------------------------------------------------

    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.  
63.4481 of the final rule.
    Docket. The EPA has established an official public docket for this 
action under Docket ID No. OAR-2002-0074 (formerly docket No. A-99-12). 
The official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information or other information whose disclosure is restricted by 
statute. The official public docket is the collection of materials that 
is available for public viewing at the EPA Docket Center, EPA West, 
Room B-102, 1301 Constitution Avenue, NW., Washington, DC 20460.

[[Page 20969]]

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 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 June 18, 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 Plastic 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 Changes Since 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
IV. What are the Responses to Significant Comments?
    A. Applicability and Scope of Source Category
    B. Overlap with Rules for Other Source Categories
    C. The MACT Floor Approach and Database
    D. Compliance Options for Meeting the Emission Limits
    E. Methods for Determining HAP Content of Coatings
    F. Notification Requirements
    G. Compliance Requirements for Sources with Add-on Controls
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 Plastic 
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 
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

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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 
plastic parts and products operations include MEK, MIBK, toluene, and 
xylenes. These compounds account for over 85 percent of this category's 
nationwide organic HAP emissions. Other organic HAP emissions 
identified include EGBE and other glycol ethers.
    The majority of organic HAP emissions from a facility engaged in 
plastic 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 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 organic HAP solvents or to mix coatings 
containing organic 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 Plastic 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., birth defects and effects on the 
central nervous system, liver, and heart), and acute health disorders 
(e.g., irritation of the lung, skin, and mucous membranes, and effects 
on the central nervous system).
    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 plastic 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 plastic parts and products surface coating 
facility as any facility engaged in the surface coating of any plastic 
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 plastic 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:
     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.
     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.
     Surface coating of plastic 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).
     Surface coating where plastic is extruded onto 
plastic parts or products to form a coating.
     Surface coating of magnet wire.
     In-mold coating or gel coating operations in 
manufacturing of reinforced plastic composites that meet the 
applicability criteria of the Reinforced Plastic Composites Production 
NESHAP (40 CFR part 63, subpart WWWW, 68 FR 19375, April 21, 2003).
     Surface coating of plastic components of wood 
furniture that meet the applicability criteria for Wood Furniture 
Manufacturing NESHAP (40 CFR part 63, subpart JJ).
     Surface coating of plastic components of large 
appliances that meet the applicability criteria for large appliance 
surface coating (40 CFR part 63, subpart NNNN).
     Surface coating of plastic components of metal 
furniture that meet the applicability criteria for Metal Furniture 
Surface Coating NESHAP (40 CFR part 63, subpart RRRR; 68 FR 28606, May 
23, 2003).
     Surface coating of plastic components of wood 
building products that meet the applicability criteria for Wood 
Building Products Surface

[[Page 20971]]

Coating NESHAP (40 CFR part 63, subpart QQQQ; 68 FR 31746, May 28, 
2003).
     Surface coating of plastic components of 
aerospace vehicles that meet the applicability criteria for Aerospace 
Manufacturing and Rework NESHAP (40 CFR part 63, subpart GG).
     The application of specialty coatings defined in 
appendix A to 40 CFR part 63, subpart GG to a plastic aerospace vehicle 
or component.
     Surface coating of plastic components of ships 
that meet the applicability criteria for Shipbuilding and Ship Repair 
NESHAP (40 CFR part 63, subpart II).
     Surface coating of plastic using a web coating 
process that meets the applicability criteria for Paper and Other Web 
Coating NESHAP (40 CFR part 63, subpart JJJJ).
     Surface coating of fiberglass boats or parts of 
fiberglass boats (including, but not limited to, the use of assembly 
adhesives) where the facility meets the applicability criteria for Boat 
Manufacturing NESHAP (40 CFR part 63, subpart VVVV), except where the 
surface coating of the boat is a post-mold coating operation performed 
on personal watercraft or parts of personal watercraft.
     Surface coating of plastic components of 
automobiles and light-duty trucks that meet the applicability criteria 
for Automobiles and Light-Duty Trucks Surface Coating NESHAP (40 CFR 
part 63, subpart IIII (under development)).
    If you perform surface coating of plastic parts or products that 
meet the applicability criteria for both the Automobiles and Light-Duty 
Trucks NESHAP (40 CFR part 63, subpart IIII (under development)) 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 plastic parts used in automobile or light-duty truck manufacturing 
in lieu of complying with each subpart separately.
    The final rule contains four subcategories: general use coating, 
thermoplastic olefin (TPO) coating, automotive lamp coating, and 
assembled on-road vehicle coating. The general use subcategory includes 
all surface coating operations in the plastic 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 plastic parts, as well as more specialized coating 
scenarios. The TPO subcategory encompasses all materials used in the 
surface coating of TPO substrates for automotive applications. The TPO 
subcategory requires the use of solvents to facilitate proper adhesion 
of coatings. The automotive lamp subcategory addresses the unique 
requirements for surface coating of exterior automotive lamps (e.g., 
headlamps, tail lamps, etc.). Automotive lamps are subject to 
regulatory requirements established by the National Highway Traffic 
Safety Administration resulting in the use of specific coatings to 
achieve required performance specifications. The assembled on-road 
vehicle subcategory addresses surface coating of fully-assembled 
vehicles that are physically larger than the other plastic parts and 
products coated in this source category and that may contain heat-
sensitive parts. The large size and presence of heat-sensitive parts 
make certain lower-HAP technologies, such as heat-cured waterborne 
coatings, infeasible for assembled on-road vehicles. The assembled on-
road vehicle subcategory will affect primarily recreational vehicle 
manufacture and automobile body refinishing.
    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?

    The new source performance standards (NSPS) that could potentially 
apply to sources also subject to the final rule are the Standards of 
Performance for Industrial Surface Coating: Surface Coating of Plastic 
Parts for Business Machines (40 CFR part 60, subpart TTT). The NSPS 
apply to facilities that apply coatings to plastic parts for use in 
business machines if the facility began construction, reconstruction, 
or modification after January 8, 1986. The pollutants regulated are 
volatile organic compounds. Because of the differences between the NSPS 
and the NESHAP, compliance with either rule cannot be deemed compliance 
with the other. A plastic parts and products surface coating operation 
that meets the applicability requirements of both the NSPS and the 
NESHAP must comply with both.
    Affected sources that meet the applicability criteria in the final 
plastic 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 
Plastic Parts and Products Surface Coating NESHAP and the Miscellaneous 
Metal Parts and Products Surface Coating NESHAP (40 CFR part 63, 
subpart MMMM).
    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 TPO coating 
subcategory; however, this alternative is not available where assembled 
on-road vehicle, or automotive lamp coating represents the predominant 
activity. The emission limits for those two 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 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

[[Page 20972]]

facility-specific emission limit constitutes compliance with the 
emission limits in the Plastic 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 plastic parts and products within each of the four subcategories 
(TPO, automotive lamps, assembled on-road vehicle, and general use). If 
application to a substrate occurs, these operations include preparation 
of a coating for application (e.g., mixing with thinners and/or other 
additives); surface preparation of the plastic parts and products 
(including 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 mass of coating solids used during each 12-month 
compliance period.

         Table 2.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
                                                     The organic HAP
                                                 emission limit you must
                                                 meet, in kilograms (kg)
For any affected source applying coating to . .   organic HAP emitted/kg
                       .                           coating solids used.
                                                 (Same number applies to
                                                 lb organic HAP emitted/
                                                 lb coating solids used)
------------------------------------------------------------------------
TPO substrates.................................                     0.26
Automotive lamps...............................                     0.45
Assembled on-road vehicles.....................                     1.34
Other (general use) plastic parts and products.                     0.16
------------------------------------------------------------------------


   Table 3.--Emission Limits for New or Reconstructed Affected Sources
------------------------------------------------------------------------
                                                     The organic HAP
                                                 emission limit you must
                                                 meet, in kg organic HAP
For any affected source applying coating to . .     emitted/kg coating
                       .                            solids used (Same
                                                   number applies to lb
                                                  organic HAP emitted/lb
                                                   coating solids used)
------------------------------------------------------------------------
TPO substrates.................................                     0.22
Automotive lamps...............................                     0.26
Assembled on-road vehicles.....................                     1.34
Other (general use) plastic parts and products.                     0.16
------------------------------------------------------------------------

    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

[[Page 20973]]

inspection and maintenance plan for the catalytic oxidizer. For 
regenerative 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 April 19, 2007. New and reconstructed sources must be in 
compliance upon initial startup of the affected source or by April 19, 
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 kg (lb) 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 TPO coating operations, automotive lamp coating 
operations, assembled on-road vehicle coating operations, and general 
use coating operations, you demonstrate that: (1) Each coating used in 
the TPO coating operation has an organic HAP content no greater than 
0.26 kg (0.26 lb) organic HAP emitted per kg (lb) coating solids used; 
(2) each coating used in the automotive lamp coating operations has an 
organic HAP content no greater than 0.45 kg (0.45 lb) organic HAP 
emitted per kg (lb) coating solids used; (3) each coating used in the 
assembled on-road vehicle coating operations has an organic HAP content 
no greater than 1.34 kg (1.34 lb) organic HAP emitted per kg (lb) 
coating solids used; (4) each general use coating has an organic HAP 
content no greater than 0.16 kg (0.16 lb) organic HAP emitted per kg 
(lb) 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.  63.4541(a) of 
the final rule, which are typical Occupational Safety and Health

[[Page 20974]]

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 mass 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 appendix A of the final 
rule. For determining mass fraction of coating solids, use Method 24.
    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 kg (lb) 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 mass of coating solids used 
during the compliance period. You demonstrate that your emission rate 
(in kg (lb) organic HAP emitted per kg (lb) 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:
     Determine the quantity of each coating, thinner 
and/or other additive, and cleaning material used.
     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.
     Determine the mass 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.
     Calculate the total mass of organic HAP in all 
materials and total mass 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.
     Calculate the total mass of organic HAP 
emissions and total mass of coating solids used for the initial 
compliance period by adding together all the monthly values for mass of 
organic HAP and for mass of coating solids used for the 12 months of 
the initial compliance period.
     Calculate the ratio of the total mass of organic 
HAP emitted for the materials used to the total mass of coating solids 
used (kg (lb) organic HAP emitted per kg (lb) of coating solids used) 
for the initial compliance period.
     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 TPO coating operation, an 
automotive lamp coating operation, an assembled on-road vehicle 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 
controls 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.
    If you demonstrate compliance based on this option, you demonstrate 
that your emission rate considering controls (in kg (lb) organic HAP 
emitted per kg (lb) 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:
     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

[[Page 20975]]

compliance date for existing sources and 180 days after the compliance 
date for new and reconstructed sources.
     Calculate the mass of organic HAP in each 
coating and other material, and the mass fraction of coating solids for 
each coating used during each month of the initial compliance period.
     Calculate the total mass of organic HAP in all 
coatings and other materials, and total mass 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.
     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.
     Calculate the total mass of organic HAP 
emissions and total mass of coating solids used for the initial 
compliance period by adding together all the monthly values for mass of 
organic HAP emissions and for mass of coating solids for the 12 months 
in the initial compliance period.
     Calculate the ratio of the total mass of organic 
HAP emissions to the total mass of coating solids used during the 
initial compliance period.
     Record the calculations and results and include 
them in your Notification of Compliance Status.
     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 TPO coating operation, an automotive lamp 
coating operation, an assembled on-road vehicle 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.  63.4565 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.
    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:
     Method 1 or 1A for selection of the sampling 
sites.
     Method 2, 2A, 2C, 2D, 2F, or 2G to determine the 
gas volumetric flow rate.
     Method 3, 3A, or 3B for gas analysis to 
determine dry molecular weight.
     Method 4 to determine stack moisture.
     Method 25 or 25A to determine organic volatile 
matter concentration. Alternatively, any other test method or data that 
have been validated according to the applicable procedures in Method 
301 of 40 CFR part 63, appendix A, and approved by the Administrator, 
could be used.
    If you use a solvent recovery system, you 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, 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.  63.4568 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

[[Page 20976]]

catalyst bed and are not required to monitor the difference across the 
bed.
    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.
    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 kg (lb) 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 dividing the total mass of organic HAP emissions for the 12-month 
compliance period by the total mass 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:
     Flow control position indicator to provide a 
record of whether the exhaust stream is directed to the control device.
     Car-seal or lock-and-key valve closures to 
secure the bypass line valve in the closed position when the control 
device is operating.
     Valve closure monitoring to ensure any bypass 
line valve or damper is closed when the control device is operating.
     Automatic shutdown system to stop the coating 
operation when flow is diverted from the control device.
     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

[[Page 20977]]

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.  63.4490(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.  63.4490(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:
     Organic HAP content or volatile organic matter 
content and coating solids content (for all compliance options).
     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.
     For the emission rate (with or without add-on 
controls) compliance options, calculations of your emission rate for 
each 12-month compliance period.
     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:
     All required measurements, calculations, and 
supporting documentation needed to demonstrate compliance with the 
standards.
     All results of performance tests and parameter 
monitoring.
     All information necessary to demonstrate 
conformance with your plan for minimizing emissions from mixing, 
storage, and waste handling operations.
     All information necessary to demonstrate 
conformance with the affected source's SSMP when the plan procedures 
are followed.
     The occurrence and duration of each startup, 
shutdown, or malfunction of the emission capture system and control 
device.
     Actions taken during startup, shutdown, and 
malfunction that are different from the procedures specified in the 
affected source's SSMP.
     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

[[Page 20978]]

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:
     Report each deviation from the emission limit.
     Report each deviation from the work practice 
standards if you use an emission capture system and control device.
     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.
     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 Changes Since 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 revised the scope of the assembled on-road vehicle subcategory 
to include the surface coating of fully assembled motor vehicles and 
trailers, including the coating of any metal substrate on the vehicle. 
In addition, we amended the assembled on-road vehicle subcategory to 
include the concurrent coating of parts such as radiator grills that 
are removed from the fully assembled on-road vehicle to prevent 
overspray of sensitive systems or equipment and to facilitate full 
coverage.
    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 378 
liters (100 gal) per year, or more, of coatings in the surface coating 
of plastic parts and products (Sec.  63.4481(b) of the final rule). 
Thus, a facility using mostly non-HAP coatings and less than 100 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 plastic that is subject to several other NESHAP. In 
addition, we included a provision that allows sources that meet the 
applicability criteria of both the final rule and the Automobiles and 
Light-Duty 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 TPO 
subcategory. The new source TPO limit increased from 0.17 to 0.22 kg 
(lb) organic HAP emitted per kg (lb) coating solids used during each 
12-month compliance period (see Sec.  63.4490(a)(3)). The existing 
source TPO limit increased from 0.23 to 0.26 kg (lb) organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period (see Sec.  63.4490(b)(3)). The changes were the result of 
additional data and information from commenters resulting in revised 
emission rate estimates for some sources in the TPO subcategory.

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. 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.

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 PPPP 
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

[[Page 20979]]

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) 
Web site at http://www.epa.gov/ttn/atw/112(l)/112-lpg.html.

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 Plastic Parts and Products, August 2003, EPA-453/R-03-007), 
which contains EPA's responses to each public comment and is available 
in Docket ID No. OAR-2002-0074 (formerly Docket No. A-99-12).

A. Applicability and Scope of Source Category

    Comment: Several commenters requested that the applicability 
threshold be increased from 100 gal per year to 250 gal per year to be 
consistent with the applicability threshold in the miscellaneous metal 
parts and products rule. One commenter believes uniformity is necessary 
for facilities subject to both rules. One commenter further requested 
that use of HAP-free materials should not count toward the 
applicability threshold level.
    Several commenters also requested that coatings used in volumes of 
less than 50 gal per year (not to exceed a total of 100 gal per year) 
be exempt from the final rule and noted that a similar exemption is 
part of the proposed NESHAP for miscellaneous metal parts and products. 
Another commenter requested the same exemption, but asked that a total 
of up to 250 gal per year be eligible because that is the level in the 
Miscellaneous Metal Parts and Products NESHAP. Another commenter 
requested that the allowed facility total be 500 gal per year.
    Response: The applicability threshold of 100 gal or more per year 
has not been revised, and the final rule does not contain the suggested 
provision that coatings used in small volumes (less than 50 gal per 
year, not to exceed 100 gal per year) should be exempt from the 
emission limits.
    The applicability threshold of 100 gal or more per year of coating 
was selected based on an analysis of the data provided to the EPA 
through the plastic parts and products industry survey. These data 
indicate that sources using 100 gal or more per year of plastic part 
surface coating materials were engaged in surface coating as part of 
their primary activity and those using less than this amount were not. 
Moreover, facilities using 100 gal or more per year apply coatings 
using similar processes and control techniques, making the emission 
limits and emission reduction requirements relevant to all sources of 
this size or larger. Since the threshold is based on an analysis of 
data from the actual facilities that will be subject to the rule, the 
final rule does not revise the threshold.
    In response to comment, we have changed the rule to clearly state 
that the use of non-HAP materials (as defined in the rule) does not 
count towards the 100 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 mostly non-HAP coatings and less 
than 100 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 coating in determining whether a source 
meets the applicability threshold.
    The final rule does not include the exemption for small volumes of 
individual coatings (less than 50 gal per year). In determining MACT, 
EPA included all reported coatings, even those used in small volumes, 
in the emission rate for each source. Since small volume coatings were 
included in the emission rate for each source, the emission limits 
should be achievable for sources that include all coatings in their 
compliance demonstrations.
    Comment: One commenter suggested including all lamps that are 
subject to National Highway and Traffic Safety Administration 
regulations for vehicle lamps (49 CFR 571.108) in the headlamp 
subcategory. The commenter noted that all vehicle exterior lamps must 
meet the same Federal safety standards and technical requirements for 
coatings that warranted the separate subcategory for headlamps. The 
reflective finishes on tail lamps and other lamps, therefore, require 
the use of the same argent reflective coatings and HAP-containing 
solvents that are used on headlamps.
    Response: We agree with the commenter and have revised the scope of 
the headlamp coating subcategory to include coating operations on all 
exterior automotive lamps (headlamps, tail lamps, turn signals, brake 
lights, and side marker lights). To reflect the broader content of this 
subcategory, we have also changed the name of the subcategory to 
``automotive lamp coating.'' This change in the scope of this 
subcategory, however, has not affected the results of the MACT analysis 
that are the basis for the emission limits for this subcategory.

B. Overlap With Rules for Other Source Categories

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 plastic 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

[[Page 20980]]

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 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.
Exclusion of Activities Subject to Other Surface Coating NESHAP
    Comment: One commenter requested that surface coating of plastic 
subject to the Paper and Other Web Coating NESHAP (40 CFR part 63, 
subpart JJJJ) be included in the list of coating operations that are 
exempt from the final rule.
    Response: The final rule specifically exempts the surface coating 
of plastic web substrates. The EPA agrees that the coating of plastic 
web substrates that is already subject to the Paper and Other Web 
Coating NESHAP should not be subject to additional regulation under the 
final rule. This change will clarify the applicability of both NESHAP.
    Comment: One commenter strongly recommended that one rule, either 
the final rule or 40 CFR part 63, subpart MMMM, apply to all assembled 
on-road vehicles. According to the commenter, motor home manufacturers 
offer customers numerous options that determine the surfaces of each 
vehicle. The commenter claimed that a substrate tracking program would 
need to be broken down to individual work orders to meet the 
requirements for calculating and demonstrating compliance with both 
subparts.
    Response: The EPA agrees with the commenter. Both the final rule 
and 40 CFR part 63, subpart MMMM state that the surface coating of all 
assembled on-road vehicles, including the coating of any metal 
substrate on the assembled vehicle, will be subject to only the 
emission limits of the assembled on-road vehicle subcategory in the 
final rule. This is consistent with the data and methodology used to 
set the MACT emission limit for the assembled on-road vehicle 
subcategory. A separate assembled on-road vehicle subcategory was 
established because of the large size of assembled on-road vehicles and 
the fact that assembled vehicles frequently contain heat-sensitive 
parts that prevent the use of curing ovens and various low-HAP coating 
technologies. However, the coating of metal parts prior to the assembly 
of the vehicle, such as a motor home chassis, will still be subject to 
40 CFR part 63, subpart MMMM. Likewise, the surface coating of plastic 
parts prior to the final assembly of the motor home will be subject to 
either the general use, automotive lamp, or TPO emission limit in the 
final rule, as appropriate for the type of coating operation.
    Comment: One commenter requested that EPA clarify that the 
Aerospace NESHAP (40 CFR part 63, subpart GG), rather than the Plastic 
Parts NESHAP, cover parts necessary for the proper functioning of 
aircraft. Another commenter requested the final rule clarify that all 
aerospace coating, cleaning, and depainting activities are subject to 
the Aerospace NESHAP and exempt from subpart PPPP. The commenter stated 
that the proposal preamble indicated that coating activity exempted 
from the Aerospace NESHAP would be subject to the NESHAP. The commenter 
argued that the Aerospace NESHAP found that MACT controls were not 
warranted for certain aerospace surface coating operations and that 
regulating these operations under the final rule would be an 
unexplained change in policy. Another commenter maintained that EPA has 
not demonstrated that the aerospace rework industry can cost-
effectively achieve the general use emission limit. The commenter noted 
that many coatings for plastic surfaces and parts associated with the 
interior of aircraft must meet Federal Aviation Administration or 
Original Equipment Manufacturer specifications.
    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 plastic 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 plastic parts coating, the NESHAP for the 
surface coating of automobiles and light-duty trucks, and the 
Miscellaneous Metal 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 plastic and metal 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).

[[Page 20981]]

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 plastic 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 Plastic Parts and Products NESHAP. To clarify this intent, 
the final plastic 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 plastic 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 plastic parts final rule. Information provided during 
the comment period indicates that any plastic 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 plastic 
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 plastic parts and products rule 
includes a provision to mitigate the overlap at these facilities. For 
these plastic 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 plastic parts are for use in 
automobiles or light-duty trucks.
Complying With the Rule Representing the Majority of the Substrate 
(Plastic or Metal) on Pre-Assembled Parts
    Comment: Several commenters supported this option in the proposed 
rule. However, one commenter requested that this option be revised to 
include facilities that coat both metal and plastic components 
separately, as well as those that coat multi-substrate parts. The 
commenter noted that this would prevent a source from having to track 
the amount of coating applied to individual parts in a coating 
operation when a source coats separate plastic and metal parts and 
preassembled parts that contain plastic and metal on the same line.
    Several other commenters did not support the proposed option. One 
commenter claimed that the proposed rule is unclear and overly 
burdensome for facilities that coat both metal and plastic parts (which 
may not be pre-assembled) and that this compliance option would help 
few, if any, facilities. One commenter noted that because the same 
cleaning solvents are used for multiple substrates and coating 
operations, it would be extremely difficult to determine the quantity 
used for plastic parts and products versus other substrates. Another 
commenter noted that the relative amount of plastic and metal coated at 
a facility could change over time and a facility could potentially 
fluctuate between applicable 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 and a facility-specific 
emission limit alternative, as described in this preamble.
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. However, we recognize that some sources may be subject 
to both the final rule and the

[[Page 20982]]

miscellaneous metal parts rule, and possibly other NESHAP. We agree 
with the commenters who argued that demonstrating compliance with the 
most stringent NESHAP is complicated by the fact that it is hard to 
determine which NESHAP is most stringent because of differences in 
units, the affected source targeted (e.g., whether cleaning is included 
in the emission limits), and compliance periods. Therefore, the option 
of complying with the most stringent NESHAP is not included in the 
final rule. Instead, the final rule provides the predominant activity 
and facility-specific emission limit compliance alternatives, as 
described in this preamble.
Predominant Activity Compliance Option
    Comment: Several commenters supported the predominant activity 
compliance option. One of the commenters preferred the ``predominant 
activity'' compliance option only if it is based on estimates of 
surface area coated. The commenter provided as an example a truck 
manufacturing facility that could estimate the total surface area 
coated by using truck part design information for each truck and 
tracking the number of trucks manufactured each year.
    Several commenters recommended that the predominant activity 
demonstration be made only at the time a source applies for or renews 
its operating permit under title V or when the source becomes subject 
to regulations applicable to new source review or prevention of 
significant deterioration. The commenters noted that a ``one-time'' or 
periodic demonstration would reduce the recordkeeping burden and avoid 
the potential for some facilities to fluctuate back and forth between 
two applicable NESHAP if predominant activity was tracked over a short 
time frame.
    Response: The final rule provides two alternatives for reducing the 
burden associated with complying with more than one coating NESHAP or 
with more than one subcategory emission limit. The first 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. The second 
alternative allows a facility to calculate and comply with a facility-
specific emission limit.
    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 benefit of complying with the 
emission limit for the predominant activity is essentially equivalent 
to complying separately with each emission limit. For subcategories 
where the environmental benefit would not be substantially equivalent 
to complying with each standard separately, the predominant activity 
alternative is not provided. The predominant activity alternative does 
not apply to coating operations that are subject to the assembled on-
road vehicle or automotive lamp emission limits in the final rule. 
These emission limits 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 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).
    The predominant activity determination could be based on 
representative coating data from the prior 1 to 5 years of operation 
for existing sources, or it could be based on reliable projections for 
future operations. For new sources, the determination would be based on 
projections of coating activity for the next 1 to 5 years or other 
period that is believed to represent future coating operations.
    We believe the most appropriate basis for the predominant activity 
determination is the percentage of coating solids that is applied to 
parts subject to different emission limits. A facility would not need 
to measure the amount of coating solids used on different parts and 
products to determine the relative amount of coating activity subject 
to different emission limits. Instead, a facility could use other 
reliable and verifiable information including, but not limited to, 
product design, volume of coatings used, or the number of different 
parts and products coated during a representative period as long as it 
is approved by the permitting authority.
Create a Subcategory for Overlap Sources or Job Shops
    Comment: One commenter suggested that developing subcategories for 
facilities subject to multiple NESHAP would not be feasible because EPA 
might need to create several subcategories to address different 
combinations of NESHAP. Another commenter stated that a subcategory for 
mixed coating operations could not be considered as an option without a 
proposed numerical emission limit. The same commenter claimed that 
emission limits for this option can not be developed based on the 
current MACT database.
    Response: We agree with the commenters that this option is not 
feasible for several reasons. First, as stated in the proposal preamble 
(67 FR 72280, December 4, 2002), this option may not afford as much 
operating flexibility as other options being considered. Second, we did 
not have sufficient data to develop emission limits since most sources 
responding to the plastic parts and miscellaneous metal parts industry 
surveys tended to provide only data relevant to those surveys and the 
surveys were completed by sources that were more or less dedicated to 
one substrate or another. As a result, we did not have representative 
or accurate data from those sources most likely to be subject to this 
type of emission limit. Finally, as one commenter alluded to, even if 
useful data became available, an emission limit for these ``job shop'' 
sources would need to be proposed for public comment.
Expand the Definition of the Source Category and Subcategories To 
Include Incidental Surface Coating Operations
    Comment: One commenter stated that an approach for ``incidental'' 
surface coating operations, would not be useful for sources such as 
truck manufacturers because neither plastic nor metal coating is 
incidental to their operations. Another commenter claimed that the 
incidental surface coating operations option may provide some relief.
    Response: The final rule does not expand the definition of the 
plastic parts and products or miscellaneous metal parts and products 
source categories or subcategories to include incidental surface 
coating operations. However, as described previously, under the 
predominant activity compliance alternative in the final rule,

[[Page 20983]]

a source may comply with the emission limit that represents 90 percent 
or more of the coating activity at a source. For both the predominant 
activity and facility-specific emission limit alternatives, you may 
exclude coating activities that meet the applicability criteria of 
other surface coating NESHAP as long as these coating activities do not 
constitute more than 1 percent of total coating activities. Although 
these incidental coating activities can be excluded from the emission 
limit calculation or predominant activity determination, the coating 
activities must be included in the facility-wide compliance 
calculation.
Comments on the Proposal To Establish a Multi-Component Emission Limit
    Comment: One commenter disagreed with EPA's suggestion of setting a 
multi-component emission limit for several reasons. The commenter did 
not think it would reduce recordkeeping because in both cases (separate 
compliance and a multi-component emission limit) a source would have to 
track the amount of each coating applied to each substrate in each 
subcategory. The commenter also contended that this approach would 
likely increase emissions compared to compliance with the individual 
limits, but did not provide any supporting explanation. The commenter 
was also concerned that some facilities could operate out of compliance 
if the emission limit does not accurately reflect the mix of substrates 
that they coat. Finally, the commenter believed that this option would 
amount to emissions averaging across subcategory boundaries and would 
contradict CAA section 112(d)(3), which mandates that standards for a 
subcategory cannot be less stringent than the MACT floor for the 
subcategory.
    Several other commenters, however, supported this approach. One 
commenter argued that restricting emission averaging among coating 
operations discourages innovative and environmentally beneficial 
approaches to low-HAP coatings. The commenter argued that allowing 
averaging would promote more cost-effective regulation of HAP emissions 
while achieving an overall environmental benefit. The commenter also 
argued that the same flexible approach should be incorporated for 
meeting the requirements of multiple NESHAP at the same facility, as 
well as meeting multiple emission limits within a single NESHAP.
    One commenter supported the idea of a source subject to two or more 
subcategory limits (e.g., TPO and general use) to calculate a source-
specific multi-component emission limit based on the relative amount of 
coating solids used on each plastic substrate. However, the commenter 
recommended that EPA not require a facility to calculate the limit each 
month and instead be allowed to calculate it annually or when renewing 
its permit.
    While not commenting directly on this option, many commenters also 
expressed concern that many sources coat both plastic and metal parts, 
often using the same coatings and cleaning solvents. According to these 
commenters, requiring a facility to demonstrate compliance with 
separate emission limits in two or more surface coating NESHAP would be 
difficult and burdensome. These comments have been summarized earlier 
in this section.
    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 mass of 
coating solids used in each subcategory. The mass 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 weight 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 12.5 lbs solids per gal 
solids (1.50 kg solids/liter solids) to convert emission limits in the 
Miscellaneous Metal Parts and Products NESHAP that are in ``HAP per 
volume solids'' to the ``HAP per mass solids'' units of the Plastic 
Parts and Products NESHAP. This default value was calculated from the 
weighted-average solids density of coatings in the metal parts survey 
database and represents the average solids density of metal parts 
coatings.
    The following example illustrates how the facility-specific 
emission limit may be used. Assume a facility has three coating 
operations subject to the following emission limits:
     Plastic parts general use (0.16 lb organic HAP/
lb solids);
     Plastic parts TPO (0.26 lb HAP/lb solids); and
     Miscellaneous metal parts general use (2.6 lb 
organic HAP/gal solids).
    The three coating operations used the following pounds of coating 
solids in the 12 months of the compliance period:
     Plastic parts general use: 30,000 lbs;
     Plastic parts TPO: 30,000 lbs; and
     Miscellaneous metal parts general use: 40,000 
lbs.
    First, the miscellaneous metal parts general use emission limit 
must be converted to lb organic HAP/lb solids units as in the plastic 
parts rule. For this example, we will use the default solids density of 
12.5 lb solids per gal solids:
[GRAPHIC] [TIFF OMITTED] TR19AP04.000

    Next, the facility-specific emission limit is calculated using 
Equation 1 in Sec.  63.4490 of the final rule:
[GRAPHIC] [TIFF OMITTED] TR19AP04.001

    If all coating operations comply with an emission limit of 0.21 lb 
organic HAP/lb solids and with the other compliance provisions of the 
final rule, the facility will be in compliance with the final rule for 
that compliance

[[Page 20984]]

period. The calculation must be repeated for each 12-month compliance 
period. In this example, compliance will also constitute compliance 
with the Miscellaneous Metal Parts and Products NESHAP for the metal 
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.

C. The MACT Floor Approach and Database

    Comment: Several commenters requested that the rule be revised to 
either exempt solvent blends from HAP limits or change the MACT floors 
to reflect the default HAP contents. One commenter noted that when 
sources provided EPA with coating data they were not aware that solvent 
blends contained HAP, and therefore did not report any HAP content in 
these materials. Therefore, according to the commenters, using the 
default HAP contents in the rule, as proposed, to determine compliance 
is not consistent with the MACT floor. Other commenters requested that 
EPA verify that the manner in which solvent blends were accounted for 
in the database is consistent with the default HAP fractions in Tables 
3 and 4 of this preamble.
    Response: When we analyzed the data provided to us in establishing 
the MACT floor for the general use, automotive lamp, and TPO 
subcategories, we accounted for the HAP in solvent blends, consistent 
with Tables 3 and 4 of this preamble. Therefore, no adjustments to the 
proposed limits are necessary to account for the HAP in solvent blends.
    For the assembled on-road vehicle subcategory, the proposed limits 
are based on data provided to EPA that, according to the commenters, 
did not account for the HAP in solvent blends. We have reviewed more 
detailed HAP data from EPA surveys for sources in this subcategory. 
Based on these data, the HAP from solvent blends accounts for only 
about 0.1 percent of all HAP emitted from the coating operations at 
these sources. Therefore, we believe that no adjustment in the emission 
limit for the assembled on-road vehicle subcategory is needed to 
account for the HAP in solvent blends that will be included in the 
compliance calculations.
    Comment: Several commenters provided additional data that resulted 
in revised emission rates for some of the MACT floor facilities in the 
TPO subcategory. Two commenters expressed concern that the MACT floor 
database could contain errors that were still undetected. The 
commenters were also concerned that some coating materials could not be 
accurately linked to specific subcategories at several sources that had 
coating operations in more than one subcategory. The commenters 
recommended adding a 20-percent correction factor to the proposed 
emission limits to account for potential errors that had not yet been 
identified and to account for materials that were not linked to 
specific subcategory coating operations.
    Two commenters also questioned EPA's assumptions about capture 
efficiency and the approach for dividing HAP emissions among the spray 
booth, flash-off, and curing ovens for those facilities that did not 
supply specific information when estimating emission rates for sources 
with add-on controls. The commenters questioned whether EPA should have 
assumed 100 percent capture efficiency for total enclosures when data 
for some sources indicated only about 65 percent capture efficiency. 
The commenters also argued that the majority of emissions (about 80 
percent) occur in the spray booth and that it is inappropriate to 
divide emissions evenly among the spray booth, flash-off area, and the 
oven and drying area. Both commenters stated that these estimates 
affect the estimated HAP emissions from the floor facilities.
    One commenter requested that EPA modify the emission limits for TPO 
because the proposed limits are not practically achievable for 
solventborne systems, or the final rule should include a predominant 
activity option for TPO surface coating sources that are also subject 
to the automobile and light-duty truck NESHAP. The commenter argued 
that because the floor facilities for existing sources in the TPO 
category include both waterborne and solventborne technologies, 
solventborne facilities are faced with disadvantages in meeting the 
standards. The commenter stated that problems arise because it is not 
economically feasible to convert to waterborne coatings and waterborne 
coatings do not meet all customer needs. The commenter also noted that 
some operations could not meet the emission limit even with add-on 
controls. The commenter noted that in the proposal preamble, EPA 
concluded that waterborne coatings and add-on controls were not 
feasible as options more stringent than the MACT floor for existing TPO 
surface coating operations.
    Response: We have evaluated the additional data provided on the 
sources in the TPO subcategory and have corrected the emission rates 
for these sources where appropriate, and recalculated the MACT floor 
(the average emission rate of the best-performing five sources for 
existing sources). The final emission limits reflect those changes, and 
are higher than the proposed emission limits for new and existing 
sources. In addition, the data and analysis for each of the MACT floor 
facilities for each subcategory were checked against the original 
survey response for each facility and no other corrections were 
identified that would warrant additional changes to the limits. Since 
we have adopted the specific data corrections noted by the commenters 
and have confirmed the other data used in establishing the emission 
limits for each subcategory, we see no need to increase the limits by 
20 percent as suggested by the commenters.
    We disagree with the commenter that the TPO emission limits should 
be revised to exclude sources using waterborne coatings or add-on 
controls. The commenter provided no data or information that would 
indicate that these sources should be put into a separate subcategory 
or subject to a separate emission limit from those that are using 
solventborne coatings. The products being coated by the lower-emitting 
``MACT floor'' facilities are

[[Page 20985]]

similar to those being coated by the rest of the sources in the 
subcategory. Therefore, these sources need to be included in the MACT 
analysis for TPO coating and the emission limit for existing TPO 
sources can be no less stringent than the average emission limit of the 
five best controlled sources. Existing facilities have the flexibility 
to meet these limits in a variety of ways, including use of waterborne 
coatings, use of other low-HAP coating or cleaning materials, add-on 
controls, or a combination of these. In addition, the final rule 
includes a compliance alternative for sources subject to the Automobile 
and Light-Duty Truck NESHAP where compliance with that NESHAP for all 
plastic part coating operations constitutes compliance with this rule. 
Also, the final rule includes a predominant activity compliance 
alternative suggested by commenters as an alternative for TPO sources 
that are located at sources that are also subject to other surface 
coating NESHAP, and also includes the facility-specific emission limit 
alternative. These three alternatives that were not included in the 
proposed rule will increase the compliance flexibility for sources that 
are potentially subject to the TPO emission limit.
    Comment: One commenter requested the final rule move marine engine 
plastic part coatings from the general use category to either a 
separate category or a category that more accurately reflects 
performance and durability requirements for marine engine parts. 
Another commenter believes that the general use emission limits are 
more stringent than the miscellaneous metal parts emission limits and 
believes the plastic parts rule will be difficult and expensive to 
meet. The commenter noted that coating of the large plastic cover on a 
stern drive or inboard marine engine enhances the appearance of the 
engine and protects it in a harsh marine environment.
    Another commenter stated that it is not technically feasible for 
coatings used on personal water craft (PWC) to meet the emission limits 
from the general use category. The commenter believes PWC coatings need 
a separate category that more accurately reflects PWC's performance and 
durability requirements. The PWC are consumer products and the product 
is judged by its ability to maintain appearance in a harsh marine 
environment. In this respect, the coating serves as a protective 
coating for the fiberglass laminate of the PWC hull and deck. The 
commenter argued that compliant coatings and alternative coating 
technology, such as electro-deposition coating and powder coating, are 
not acceptable because they do not have a high-quality finish for high-
visibility products. To resolve this issue, one commenter requested the 
general use emission limits be harmonized and suggested that PWC could 
meet a limit based on combined compliance with the plastic parts and 
miscellaneous metal parts general use emission limits. The commenter 
indicated that compliance would be facilitated if they could offset 
higher emissions from the plastic part coating operations.
    Response: The commenters did not provide data to support the claim 
that the coatings used on PWC or marine engine covers could not meet 
the proposed emission limits, or to support the development of 
alternative emission limits. Therefore, the final rule does not contain 
a separate category or emission limit for PWC or marine engine cover 
coating operations. However, a source coating both metal and plastic 
parts will be allowed to calculate a facility-specific emission limit 
based on the relative amount of coating performed on each substrate. 
This approach will allow facilities that coat PWC or engine covers more 
flexibility in complying with the limits for their plastic part surface 
coating operations.

D. Compliance Options for Meeting the Emission Limits

    Comment: One commenter stated that the emission rate without add-on 
controls option allows sources to take credit for HAP included in 
materials recycled off-site and argued that sources that recycle on-
site should receive the same credit. Language in Sec. Sec.  63.4541, 
63.4551, and 63.4561(a) led the commenter to expect that sources with 
add-on control also receive credit for recycled coatings, thinners, or 
cleaning materials in the compliance calculations and that EPA should 
clarify this in the final rule. Another commenter also questioned 
whether sources that recycle materials off-site need to determine the 
HAP content of the materials received back from the recycler. The 
commenter noted that sources that recycle on-site do not need to 
determine the HAP content of the recycled material.
    Response: In the compliance calculations in both the emission rate 
without add-on controls option and the emission rate with add-on 
controls option, you only need to include the HAP and solids from those 
materials that are actually consumed in a coating operation for which 
you are calculating the emission rate. If the unused portion of a 
material is recovered on-site and used in a second (different) coating 
operation for which you are separately calculating the emission rate, 
you do not need to include the amount of HAP and solids contained in 
the recovered material in the emission rate calculation for the first 
coating operation. However, you do need to include the HAP and solids 
from the recovered material in the second coating operation for which 
you are calculating the emission rate.
    If you are calculating a single facility-wide emission rate for all 
coating operations, you do not need to account for materials that are 
recovered in one operation and used in another on-site operation. 
Instead, you would only need to account for materials that are actually 
consumed by the whole facility. For example, you would use the 
assumption that all HAP in the purchased coating materials are emitted 
on-site (either during their first use or during re-use on site). If 
you send HAP-containing materials off-site for recycling or disposal, 
such that a portion of the HAP is not emitted on-site, you can subtract 
this from the facility-wide emission calculation.
    If you recycle materials on-site, you do not need to determine the 
HAP content of the materials after recycling for use in compliance 
calculations. Similarly, we have clarified the final rule to specify 
that if you send materials off-site for recycling, you do not need to 
determine the HAP content after recycling if you have documentation 
from the recycler that the material you received back is the exact same 
material you sent to the recycler. The purpose of the requirements is 
to show that the recycled materials are not inadvertently amounting to 
a net increase in HAP emissions from the source.

E. Methods for Determining HAP Content of Coatings

    Comment: Two commenters stated that if a facility uses Material 
Safety Data Sheets to demonstrate compliance, a facility should be 
allowed to use the average of a reported range for an ingredient in 
determining compliance. This would avoid a facility having to determine 
the actual composition and would be consistent with toxics release 
inventory reporting, according to the commenter. A requirement to use 
the upper limit of a range would lead to a gross overstatement of the 
HAP content of materials, according to the commenter. Another commenter 
argued that to reduce the recordkeeping burden of calculating HAP 
emissions from hundreds of paints, the HAP emissions for groups of 
coating materials that are covered in a single Material Safety Data 
Sheet (such as, paints that differ only in color) should be calculated 
based on the average composition of the group

[[Page 20986]]

normalized to a total of 100 percent. The level for each HAP component 
should be based on the midpoint between the high and low end of the 
range shown on the Material Safety Data Sheets.
    Response: If a range of HAP is presented, it is up to the user to 
determine the appropriate value that best represents the actual HAP 
content. The final rule does not specify whether you must use the upper 
limit of a range or whether you may use the average or mid-point of a 
range. It is important to remember, however, that in the event of any 
inconsistency between formulation data, such as that found on Material 
Safety Data Sheets, and Method 311 analyses, the Method 311 data will 
be used in any compliance determinations.
    Comment: Several commenters 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 
coatings as they are used. The proposed rule and associated test 
methods (specifically EPA Method 24) assumed that all HAP contained in 
coatings or additives are emitted. However, in reactive coatings, some 
of the HAP species react with other ingredients in the coating 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 coating.
    Response: An alternative method for determining the fraction of HAP 
emitted from reactive coatings has been included as an appendix to the 
final rule. Sources using reactive coatings may use this method for 
demonstrating compliance based on the HAP actually emitted, rather than 
using Method 311, Method 24, or composition data.

F. Notification Requirements

    Comment: Two commenters stated that Sec.  63.4510 should be revised 
to exempt sources from the requirement to submit an initial 
notification if they have already submitted a CAA section 112(j) Part 1 
Application to States regarding the Plastic Parts and Products Surface 
Coating NESHAP.
    Response: Sources that have submitted a CAA section 112(j) Part 1 
Application to their State permitting agency are still required to 
submit an initial notification as required by Sec.  63.4510. The 
General Provisions specified in 40 CFR part 63, subpart A, apply to all 
NESHAP source categories in part 63. Under Sec.  63.9(b) of subpart A, 
the owner or operator of a facility subject to a NESHAP for a given 
source category must submit an initial, written notification to the EPA 
within the applicable time period identifying the facility and the 
specific NESHAP subpart to which the facility is subject. In this case, 
the owner or operator of a facility with plastic parts and products 
surface coating operations subject to the NESHAP is required to prepare 
and submit an initial notification. Section 112(j) of the CAA requires 
owners and operators of major sources within a source category to apply 
for a title V permit should the EPA fail to promulgate emission 
standards for that source category by the date specified in the 
regulatory schedule established through section 112(e) of the CAA. The 
application requirements are specified under 40 CFR part 63, subpart B. 
Although the subpart B application requirements include some of the 
same information required for the subpart A initial notification (e.g., 
facility name, address, brief description of source), the two documents 
serve different administrative purposes under the NESHAP program. 
Therefore, it is not appropriate to provide an exemption as requested 
by the commenter and the final rule requires all sources subject to the 
rule to submit an initial notification.

G. Compliance Requirements for Sources With Add-on Controls

    Comment: Several commenters stated that the compliance calculations 
in Sec.  63.4561(h) should not use an assumption of zero-efficiency 
when deviations occur. According to the commenter, this approach is 
burdensome and penalizes facilities for minor parameter reporting 
problems, such as temperature read-out malfunctions. The commenter 
suggested that a facility should be allowed to rebut the presumed zero-
efficiency with other available data, such as fuel consumption or 
manual temperature recordings.
    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 demonstrate compliance with the operating 
limits 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, provided that these data were 
collected during performance tests meeting the applicable requirements 
for performance tests specified in Sec.  63.7 of the General 
Provisions. The final rule has been revised to clarify that the actual 
performance of the add-on control system during a deviation may be used 
provided the performance testing criteria have been met. The final rule 
does not allow a source to otherwise estimate the efficiency of a 
capture system or control device during a deviation because this would 
provide no assurance of the quality of the data used in the compliance 
calculation.

V. Summary of Environmental, Energy, and Economic Impacts

    For the purpose of assessing potential cost and emission reduction 
impacts, we assumed that all existing sources would convert to liquid 
coatings, thinners and/or other additives with lower-HAP content than 
presently used and would convert to lower-HAP or no-HAP cleaning 
materials rather than using add-on control devices, except for those 
already using add-on control devices. We assumed that new sources would 
use low-HAP coatings and non-HAP cleaning materials.

A. What Are the Air Impacts?

    The 1997 nationwide baseline organic HAP emissions for the 202 
major source plastic parts and products surface coating facilities of 
which EPA is aware are estimated to be 9,820 tpy. Implementation of the 
final emission limitations would reduce these emissions by 
approximately 80 percent to 2260 tpy. In addition, 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?

    The total capital cost (including monitoring costs) for existing 
sources is estimated to be approximately $804,000. The nationwide 
annual cost (including monitoring, recordkeeping, and reporting costs) 
for existing sources is approximately $10.7 million per year. Costs for 
new sources are based on an estimate of six new sources being 
constructed within 5 years after promulgation of the final standards. 
The total capital cost (including monitoring costs) for new sources is 
$28,000. The

[[Page 20987]]

total annual cost (including monitoring, recordkeeping, and reporting 
costs) for new sources is estimated to be approximately $194,000 per 
year.
    Cost estimates are based on information available to the 
Administrator and presented in the economic analysis of the final rule. 
The costs are calculated assuming that the majority of sources would 
comply by using lower-HAP-containing or non-HAP coatings and cleaning 
materials because such materials are generally available and becoming 
more widely available each year. We assumed that facilities presently 
equipped with add-on controls would continue to operate those control 
devices and capture systems and would perform the required performance 
tests and parameter monitoring.
    During development of the proposed emission limitations, limited 
information was available on the costs associated with the switch to 
low-HAP or non-HAP coatings and cleaning materials. At proposal, we 
specifically requested comment on the assumptions and methodology used 
to determine these costs (67 FR 72295, December 4, 2002), including 
detailed information on the coatings and cleaning materials (and 
associated costs) currently being used and the coatings and cleaning 
materials (and associated costs) that would be used to comply with the 
proposed emission limitations, as well as the basis for the cost 
information. We received no detailed information on these cost elements 
in the public comments. Therefore, we have not changed the cost 
estimates since proposal.

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 the plastic 
parts and products surface coating industry, consumers, and society. 
Economic impacts were calculated on a facility-specific basis, as well 
as on a market segment basis (e.g., automobile manufacturing, sporting 
goods, electronics equipment, etc.). Economic impact indicators 
examined included price, output, and employment impacts. None of the 
changes made since proposal have resulted in changes in costs, so the 
EIA prepared for the proposed rule has not been updated for the final 
rule.
    The EIA showed that the expected price increase for affected 
plastic parts and products would be less than 0.1 percent as a result 
of the final standards. Therefore, we do not expect any adverse impact 
to occur for those industries that produce or consume plastic parts and 
products such as home appliances, computer hardware producers, motor 
vehicle manufacturers, and recreational vehicle manufacturers.
    The distribution of costs across plastic parts and products 
production facilities is slanted toward the lower impact levels with 
many facilities incurring costs related only to annually recurring 
monitoring, reporting, and recordkeeping activities. The EIA indicates 
that these regulatory costs are expected to represent about 0.25 
percent of the value of coating services, which 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-2002-0074 (formerly Docket No. A-99-12).

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 other additives, 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. In addition, we expect that the majority of facilities 
will comply by using low-HAP or non-HAP materials rather than add-on 
control devices. Thus, there will be little or no increase in energy 
usage caused by the operation of add-on controls.

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.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that the final rule is a ``significant regulatory action,'' 
due to its potential impact on small businesses. The Small Business 
Administration (SBA) was specifically interested in how the final rule 
would address the potential for sources to be subject to multiple 
coating NESHAP. As such, this action was submitted to OMB for review. 
Changes made in response to OMB suggestions or recommendations will be 
documented in the public record.

B. Paperwork Reduction Act

    The information collection requirements in the final rule have been 
submitted for approval to OMB under the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq. The information collection requirements are not 
enforceable until OMB approves them.
    The information requirements are based on notification, 
recordkeeping, and reporting requirements in the General Provisions (40 
CFR part 63, subpart A), which are mandatory for all

[[Page 20988]]

operators subject to national emission standards. These recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant 
to the recordkeeping and reporting requirements for which a claim of 
confidentiality is made is safeguarded according to EPA policies set 
forth in 40 CFR part 2, subpart B.
    The final rule requires maintaining records of all coatings, 
thinners and/or other additives, and cleaning materials data and 
calculations used to determine compliance. This information includes 
the amount (kg) used during each 12-month compliance period, mass 
fraction of organic HAP, density, and mass 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 third 
year after the effective date of the promulgated rule is estimated to 
be 119,000 labor hours at a cost of $5.4 million for new and existing 
sources. This estimate includes the cost of determining and recording 
organic HAP content, solids content, and density, as needed, of the 
regulated materials, and developing a system for determining and 
recording the amount of each material used and performing the 
calculations needed for demonstrating compliance. Additionally, for 
affected sources with existing or newly-installed add-on control 
systems, the costs also include a one-time performance test and report 
(with repeat tests where needed) of the add-on control device, one-time 
purchase and installation of a CPMS, one-time submission of a SSMP with 
semiannual reports for any event when the procedures in the plan were 
not followed, semiannual compliance status reports, and recordkeeping. 
Total capital/startup costs associated with the monitoring requirements 
over the 3-year period of the information collection request (ICR) are 
estimated at $133,000, with operation and maintenance costs of $655 per 
year.
    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 ICR 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.
    For purposes of assessing the impact of the final rule on small 
entities, small entity is defined as: (1) A small business according to 
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, county, town, school 
district, or special district with a population of less than 50,000; or 
(3) a small organization that is any not-for-profit enterprise 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. 
We have determined that 67 of the 130 firms, or 51 percent of the 
total, affected by the final rule may be small entities. While the 
number of small firms appears to be a large proportion of the total 
number of affected firms, the small firms experience 21 percent of the 
total national compliance cost of $11 million (1997 $). Of the 67 
affected small firms, three firms are estimated to have compliance 
costs that exceed 1 percent of their revenues. The maximum impact on 
any affected small entity is a compliance cost of 1.8 percent of its 
sales. Finally, there is a difference between the median compliance 
cost-to-sales estimates for the affected small and large firms (0.08 
percent compared to 0.01 percent for the large firms, and 0.03 percent 
across all affected firms).
    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

[[Page 20989]]

in expenditures to State, local, and tribal governments, in the 
aggregate, or to the private sector, of $100 million or more in any 1 
year. Before promulgating an EPA rule for which a written statement is 
needed, section 205 of the UMRA generally requires EPA to identify and 
consider a reasonable number of regulatory alternatives and adopt the 
least costly, most cost-effective, or least burdensome alternative that 
achieves the objectives of the rule. The provisions of section 205 do 
not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that the final rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
to State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annual cost of the 
final rule for any 1 year has been estimated to be about $11 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 plastic 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 likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that the final rule is not likely to have any adverse 
energy effects. The vast majority of affected sources are expected to 
comply with the final rule through pollution prevention rather than add 
on controls, and therefore, there would be, at most, a nominal impact 
on energy usage.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, section 12(d) of the National 
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 
104-113; Sec.  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-2002-
0074 (formerly Docket No. A-99-12).
    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

[[Page 20990]]

(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.
    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.
    The EPA requested comment on the compliance demonstration 
requirements in the proposed rule and specifically invited the public 
to identify potentially-applicable VCS. We received several comments 
suggesting the use of an alternative method to Method 24 for measuring 
emissions from reactive adhesives. This alternative method has been 
included in appendix A to the final rule. No other comments were 
received with respect to potentially applicable VCS.
    Sections 63.4541, 63.4551, 63.4561, 63.4565, 63.4566, and appendix 
A of the final standards list the EPA testing methods and performance 
specifications included in the final standards. 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 
April 19, 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 29, 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 paragraph (b)(26) and adding a 
new paragraph (b)(34) to read as follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (b) * * *
    (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), 63.4141(c), and 
63.4551(c).
* * * * *
    (34) E145-94 (Reapproved 2001), Standard Specification for Gravity-
Convection and Forced-Ventilation Ovens, IBR approved for Sec.  
63.4581, Appendix A.
* * * * *

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

Subpart PPPP--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Plastic Parts and Products

Sec.

What This Subpart Covers

63.4480 What is the purpose of this subpart?
63.4481 Am I subject to this subpart?
63.4482 What parts of my plant does this subpart cover?
63.4483 When do I have to comply with this subpart?

Emission Limitations

63.4490 What emission limits must I meet?
63.4491 What are my options for meeting the emission limits?
63.4492 What operating limits must I meet?
63.4493 What work practice standards must I meet?

General Compliance Requirements

63.4500 What are my general requirements for complying with this 
subpart?
63.4501 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.4510 What notifications must I submit?
63.4520 What reports must I submit?
63.4530 What records must I keep?
63.4531 In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.4540 By what date must I conduct the initial compliance 
demonstration?
63.4541 How do I demonstrate initial compliance with the emission 
limitations?
63.4542 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.4550 By what date must I conduct the initial compliance 
demonstration?
63.4551 How do I demonstrate initial compliance with the emission 
limitations?
63.4552 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.4560 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.4561 How do I demonstrate initial compliance?
63.4562 [Reserved]
63.4563 How do I demonstrate continuous compliance with the emission 
limitations?
63.4564 What are the general requirements for performance tests?
63.4565 How do I determine the emission capture system efficiency?
63.4566 How do I determine the add-on control device emission 
destruction or removal efficiency?

[[Page 20991]]

63.4567 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.4568 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.4580 Who implements and enforces this subpart?
63.4581 What definitions apply to this subpart?

Tables to Subpart PPPP of Part 63

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

Appendix A to Subpart PPPP of Part 63--Determination of Weight Volatile 
Matter Content and Weight Solids Content of Reactive Adhesives

Subpart PPPP--National Emission Standards for Hazardous Air 
Pollutants for Surface Coating of Plastic Parts and Products

What This Subpart Covers


Sec.  63.4480  What is the purpose of this subpart?

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


Sec.  63.4481  Am I subject to this subpart?

    (a) Plastic parts and products include, but are not limited to, 
plastic components of the following types of products as well as the 
products themselves: Motor vehicle parts and accessories for 
automobiles, trucks, recreational vehicles; sporting and recreational 
goods; toys; business machines; laboratory and medical equipment; and 
household and other 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 plastic parts or products, as described 
in paragraph (a)(1) of this section, and it includes the subcategories 
listed in paragraphs (a)(2) through (5) 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 automotive lamp coating operations, 
thermoplastic olefin (TPO) coating operations, or assembled on-road 
vehicle coating operations.
    (3) The automotive lamp coating subcategory includes the surface 
coating of plastic components of the body of an exterior automotive 
lamp including, but not limited to, headlamps, tail lamps, turn 
signals, and marker (clearance) lamps; typical coatings used are 
reflective argent coatings and clear topcoats. This subcategory does 
not include the coating of interior automotive lamps, such as dome 
lamps and instrument panel lamps.
    (4) The TPO coating subcategory includes the surface coating of TPO 
substrates; typical coatings used are adhesion promoters, color 
coatings, clear coatings and topcoats. The coating of TPO substrates on 
fully assembled on-road vehicles is not included in the TPO coating 
subcategory.
    (5) The assembled on-road vehicle coating subcategory includes 
surface coating of fully assembled motor vehicles and trailers intended 
for on-road use, including, but not limited to: automobiles, light-duty 
trucks, heavy duty trucks, and busses 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). This subcategory also includes the incidental coating of 
parts, such as radiator grilles, that are removed from the fully 
assembled on-road vehicle to facilitate concurrent coating of all parts 
associated with the vehicle. The assembled on-road vehicle coating 
subcategory does not include the surface coating of plastic parts prior 
to their attachment to an on-road vehicle on an original equipment 
manufacturer's (OEM) assembly line. The assembled on-road vehicle 
coating subcategory also does not include the use of adhesives, 
sealants, and caulks used in assembling on-road vehicles. Body fillers 
used to correct small surface defects and rubbing compounds used to 
remove surface scratches are not considered coatings subject to this 
subpart.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.4482, that uses 378 liters (100 gallons (gal)) per year, or more, of 
coatings that contain hazardous air pollutants (HAP) in the surface 
coating of plastic 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.  
63.4581 in determining whether you use 378 liters (100 gallons) per 
year, or more, of coatings in the surface coating of plastic 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 
(16) 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) The surface coating of plastic 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).
    (4) Surface coating where plastic is extruded onto plastic parts or 
products to form a coating.
    (5) Surface coating of magnet wire.
    (6) In-mold coating operations or gel coating operations in the 
manufacture of reinforced plastic composite parts that

[[Page 20992]]

meet the applicability criteria for reinforced plastics composites 
production (subpart WWWW of this part).
    (7) Surface coating of plastic components of wood furniture that 
meet the applicability criteria for wood furniture manufacturing 
(subpart JJ of this part).
    (8) Surface coating of plastic components of large appliances that 
meet the applicability criteria for large appliance surface coating 
(subpart NNNN of this part).
    (9) Surface coating of plastic components of metal furniture that 
meet the applicability criteria for metal furniture surface coating 
(subpart RRRR of this part).
    (10) Surface coating of plastic components of wood building 
products that meet the applicability criteria for wood building 
products surface coating (subpart QQQQ of this part).
    (11) Surface coating of plastic components of aerospace vehicles 
that meet the applicability criteria for aerospace manufacturing and 
rework (40 CFR part 63, subpart GG).
    (12) Surface coating of plastic parts intended for use in an 
aerospace vehicle or component using specialty coatings as defined in 
appendix A to subpart GG of this part.
    (13) Surface coating of plastic components of ships that meet the 
applicability criteria for shipbuilding and ship repair (subpart II of 
this part).
    (14) Surface coating of plastic using a web coating process that 
meets the applicability criteria for paper and other web coating 
(subpart JJJJ of this part).
    (15) Surface coating of fiberglass boats or parts of fiberglass 
boats (including, but not limited to, the use of assembly adhesives) 
where the facility meets the applicability criteria for boat 
manufacturing (subpart VVVV of this part), except where the surface 
coating of the boat is a post-mold coating operation performed on 
personal watercraft or parts of personal watercraft. This subpart does 
apply to post-mold coating operations performed on personal watercraft 
and parts of personal watercraft.
    (16) [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) and (ii) of this section. However, 
you may not establish assembled on-road vehicle and automotive lamp 
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 kilogram (kg) (pound (lb)) of solids used as a 
measure of relative surface coating activity over a representative 
period of operation. You may estimate the relative mass of coating 
solids used from parameters other than coating consumption and mass 
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 
mass 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.  63.4510(b). You must also 
determine predominant activity annually and include the determination 
in the next semi-annual compliance report required by Sec.  63.4520(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.  63.4490. 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 but must be 
included in the compliance calculations.


Sec.  63.4482  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.  
63.4481(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 plastic parts and products within each 
subcategory.
    (1) All coating operations as defined in Sec.  63.4581;
    (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 source if it meets the criteria in 
paragraph (c)(1) of this section and the criteria in either paragraph 
(c)(2) or (3) of this section.
    (1) You commenced the construction of the source after December 4, 
2002 by installing new coating equipment.
    (2) The new coating equipment is used to coat plastic parts and 
products at a source where no plastic parts surface coating was 
previously performed.
    (3) The new coating equipment is used to perform plastic parts and

[[Page 20993]]

products coating in a subcategory that was not previously performed.
    (d) An affected source is reconstructed if you meet the criteria as 
defined in Sec.  63.2.
    (e) An affected source is existing if it is not new or 
reconstructed.


Sec.  63.4483  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.  
63.4540, 63.4550, and 63.4560.
    (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 April 19, 2004, the compliance date is April 19, 2004.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after April 19, 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 April 19, 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 April 19, 
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 April 19, 
2004, whichever is later.
    (d) You must meet the notification requirements in Sec.  63.4510 
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.  63.4490  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 (4) of this 
section, except as specified in paragraph (c) of this section, 
determined according to the requirements in Sec.  63.4541, Sec.  
63.4551, or Sec.  63.4561.
    (1) For each new general use coating affected source, limit organic 
HAP emissions to no more than 0.16 kg (0.16 lb) organic HAP emitted per 
kg (lb) coating solids used during each 12-month compliance period.
    (2) For each new automotive lamp coating affected source, limit 
organic HAP emissions to no more than 0.26 kg (0.26 lb) organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period.
    (3) For each new TPO coating affected source, limit organic HAP 
emissions to no more than 0.22 kg (0.22 lb) organic HAP emitted per kg 
(lb) coating solids used during each 12-month compliance period.
    (4) For each new assembled on-road vehicle coating affected source, 
limit organic HAP emissions to no more than 1.34 kg (1.34 lb) organic 
HAP emitted per kg (lb) 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 (4) of this section, 
except as specified in paragraph (c) of this section, determined 
according to the requirements in Sec.  63.4541, Sec.  63.4551, or Sec.  
63.4561.
    (1) For each existing general use coating affected source, limit 
organic HAP emissions to no more than 0.16 kg (0.16 lb) organic HAP 
emitted per kg (lb) coating solids used during each 12-month compliance 
period.
    (2) For each existing automotive lamp coating affected source, 
limit organic HAP emissions to no more than 0.45 kg (0.45 lb) organic 
HAP emitted per kg (lb) coating solids used during each 12-month 
compliance period.
    (3) For each existing TPO coating affected source, limit organic 
HAP emissions to no more than 0.26 kg (0.26 lb) organic HAP emitted per 
kg (lb) coating solids used during each 12-month compliance period.
    (4) For each existing assembled on-road vehicle coating affected 
source, limit organic HAP emissions to no more than 1.34 kg (1.34 lb) 
organic HAP emitted per kg (lb) 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 TPO surface coating operations subject to 
only one of the emission limits specified in paragraphs (a)(1), (a)(3), 
(b)(1), or (b)(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 emission 
limitation for all surface coating operations constitutes compliance 
with the other applicable emission limitations. You must use kg (lb) of 
solids used as a measure of relative surface coating activity over a 
representative period of operation. You may estimate the relative mass 
of coating solids used from parameters other than coating consumption 
and mass 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 
mass 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.  63.4510(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.  63.4520(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 
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

[[Page 20994]]

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.  63.4510(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] TR19AP04.002

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 kg (lb) of solids used in coating operation, 
i, in the 12-month compliance period that is subject to emission limit, 
i. You may estimate the mass of coating solids used from parameters 
other than coating consumption and mass 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 
mass 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 liter (gallon) coating 
solids used to kg (lb) organic HAP per kg (lb) coating solids used, you 
must use the default solids density of 1.50 kg solids per liter coating 
solids (12.5 lb solids per gal solids).


Sec.  63.4491  What are my options for meeting the emission limits?

    You must include all coatings (as defined in Sec.  63.4581), 
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.  
63.4490. 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.  63.4530(c), and you must report it in the next 
semiannual compliance report required in Sec.  63.4520.
    (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.  63.4490, 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.  
63.4540, 63.4541, and 63.4542 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.  63.4490, calculated as a rolling 12-
month emission rate and determined on a monthly basis. You must meet 
all the requirements of Sec. Sec.  63.4550, 63.4551, and 63.4552 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.  63.4490, 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.  63.4492, 
except for solvent recovery systems for which you conduct liquid-liquid 
material balances according to Sec.  63.4561(j), and that you meet the 
work practice standards required in Sec.  63.4493. You must meet all 
the requirements of Sec. Sec.  63.4560 through 63.4568 to demonstrate 
compliance with the emission limits, operating limits, and work 
practice standards using this option.


Sec.  63.4492  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option, except those for which you 
use a solvent recovery system and conduct a liquid-liquid material 
balance according to Sec.  63.4561(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

[[Page 20995]]

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.  63.4567. 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.  63.4493  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.  63.4500  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.  63.4491(a) and (b), must be in compliance with the 
applicable emission limit in Sec.  63.4490 at all times.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec.  63.4491(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.  63.4490 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.  63.4492 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.  63.4561(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec.  63.4493 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.  63.4501  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.  63.4510  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 April 19, 
2004, whichever is later. For an existing affected source, you must 
submit the initial notification no later than 1 year after April 19, 
2004. If you are using compliance with the Automobiles and Light-Duty 
Trucks NESHAP (subpart IIII of this part) under Sec.  63.4881(d) to 
constitute compliance with this subpart for your plastic 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.  63.4481(e)(2) to 
constitute compliance with this subpart for your plastic 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.  63.4540, Sec.  63.4550, or Sec.  63.4560 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.  63.4540, Sec.  63.4550, or Sec.  63.4560 that 
applies to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec.  63.4491 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

[[Page 20996]]

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.  
63.4490, include all the calculations you used to determine the kg (lb) 
organic HAP emitted per kg (lb) 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.  63.4541(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) Mass fraction of coating solids for one coating.
    (iii) Density for one coating, one thinner and/or other additive, 
and one cleaning material, except that if you use the compliant 
material option, only the example coating density is required.
    (iv) The amount of waste materials and the mass of organic HAP 
contained in the waste materials for which you are claiming an 
allowance in Equation 1 of Sec.  63.4551.
    (8) The calculation of kg (lb) organic HAP emitted per kg (lb) 
coating solids used for the compliance option(s) you used, as specified 
in paragraphs (c)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 
1 of Sec.  63.4541.
    (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 mass 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.  
63.4551.
    (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.  63.4551; the 
calculation of the total mass of coating solids used each month using 
Equation 2 of Sec.  63.4551; 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.  63.4561 and Equations 2, 3, and 
3A through 3C of Sec.  63.4561, as applicable; the calculation of the 
total mass of organic HAP emissions each month using Equation 4 of 
Sec.  63.4561; and the calculation of the 12-month organic HAP emission 
rate using Equation 5 of Sec.  63.4561.
    (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.  63.4561(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.  63.4493.
    (10) If you are complying with a single emission limit representing 
the predominant activity under Sec.  63.4490(c)(1), include the 
calculations and supporting information used to demonstrate that this 
emission limit represents the predominant activity as specified in 
Sec.  63.4490(c)(1).
    (11) If you are complying with a facility-specific emission limit 
under Sec.  63.4490(c)(2), include the calculation of the facility-
specific emission limit and any supporting information as specified in 
Sec.  63.4490(c)(2).


Sec.  63.4520  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.  63.4540, Sec.  63.4550, or 
Sec.  63.4560 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 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

[[Page 20997]]

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.  63.4491 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.  63.4491(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.  
63.4490(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.  63.4490(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.  63.4490, 63.4492, and 63.4493 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.  63.4490, 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 1 
of Sec.  63.4541) 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.  63.4490, 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.  63.4490.
    (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.  63.4551; and if applicable, the calculation used 
to determine mass of organic HAP in waste materials according to Sec.  
63.4551(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.  63.4490.
    (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.  63.4551; and, if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec.  
63.4551(e)(4); the calculation of the total mass of coating solids used 
each month using Equation 2 of Sec.  63.4551; 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.  63.4561, and Equations 2, 3, and 3A through 3C of Sec.  
63.4561, as applicable; the calculation of the total mass of organic 
HAP emissions each month using Equation 4 of Sec.  63.4561; and the 
calculation of the 12-month organic HAP emission rate using Equation 5 
of Sec.  63.4561. 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.

[[Page 20998]]

    (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.  63.4530  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.  63.4490(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.  
63.4490(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 
mass fraction of coating solids for each coating. If you conducted 
testing to determine mass fraction of organic HAP, density, or mass 
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 1 of Sec.  
63.4541.
    (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.  63.4551 
and, if applicable, the calculation used to determine mass of organic 
HAP in waste materials according to Sec.  63.4551(e)(4); the 
calculation of the total mass of coating solids used each month using 
Equation 2 of Sec.  63.4551; and the calculation of each 12-month 
organic HAP emission rate using Equation 3 of Sec.  63.4551.
    (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.  63.4551; 
and, if applicable, the calculation used to determine mass of organic 
HAP in waste materials according to Sec.  63.4551(e)(4);
    (ii) The calculation of the total mass of coating solids used each 
month using Equation 2 of Sec.  63.4551;
    (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.  63.4561 and Equations 2, 3, and 3A through 
3C of Sec.  63.4561, as applicable;
    (iv) The calculation of each month's organic HAP emission rate 
using Equation 4 of Sec.  63.4561; and
    (v) The calculation of each 12-month organic HAP emission rate 
using Equation 5 of Sec.  63.4561.
    (d) A record of the name and mass of each coating, thinner and/or 
other additive, and cleaning material used

[[Page 20999]]

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 mass 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.
    (f) A record of the mass fraction of coating solids for each 
coating used during each compliance period.
    (g) If you use an allowance in Equation 1 of Sec.  63.4551 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) 
according to Sec.  63.4551(e)(4), you must keep records of the 
information specified in paragraphs (g)(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.  
63.4551, 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.  
63.4551.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][REGTEXT][P]*[/P]
    (3) The methodology used in accordance with Sec.  63.4551(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.
    (h) You must keep records of the date, time, and duration of each 
deviation.
    (i) If you use the emission rate with add-on controls option, you 
must keep the records specified in paragraphs (i)(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.  63.4565(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.  63.4564 and 63.4565(b) through 
(e), including the records specified in paragraphs (i)(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.  63.4565(e), if applicable.
    (6) The records specified in paragraphs (i)(6)(i) and (ii) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec.  
63.4566.[FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][RULES][RULE][PREAMB][AGENCY]*[/AGENCY][SUBJECT]*[/SUBJECT][/
PREAMB][SUPLINF][HED]*[/HED][REGTEXT][P]*[/P]
    (i) Records of each add-on control device performance test 
conducted according to Sec. Sec.  63.4564 and 63.4566.
    (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.  63.4567 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.  63.4493 
and documentation that you are implementing the plan on a continuous 
basis.


Sec.  63.4531  In what form and for how long must I keep my records?

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

Compliance Requirements for the Compliant Material Option


Sec.  63.4540  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.  
63.4541. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4483 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.  63.4541 and supporting documentation showing that 
during the initial compliance period, you used no coating with an 
organic

[[Page 21000]]

HAP content that exceeded the applicable emission limit in Sec.  
63.4490, and that you used no thinners and/or other additives, or 
cleaning materials that contained organic HAP as determined according 
to Sec.  63.4541(a).


Sec.  63.4541  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.  63.4490 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.  63.4492 and 63.4493, 
respectively. You must conduct a separate initial compliance 
demonstration for each general use coating, TPO coating, automotive 
lamp coating, and assembled on-road vehicle coating affected source 
unless you are demonstrating compliance with a predominant activity or 
facility-specific emission limit as provided in Sec.  63.4490(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. 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 this subpart, rather than 
Method 24. You may use the volatile fraction that is emitted, as 
measured by the alternative method in appendix A to this subpart, 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 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 mass fraction of coating solids for each coating. 
You must determine the mass fraction of coating solids (kg (lb) of 
coating solids per kg (lb) 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 (3) of this section.
    (1) Method 24 (appendix A to 40 CFR part 60). Use Method 24 for 
determining the mass fraction of coating solids. For reactive adhesives 
in which some of the

[[Page 21001]]

liquid fraction reacts to form solids, you may use the alternative 
method contained in appendix A to this subpart, rather than Method 24, 
to determine the mass 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 mass fraction of coating solids for each coating 
from the supplier or manufacturer. If there is disagreement between 
such information and the test method results, 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.
    (c) Calculate the organic HAP content of each coating. Calculate 
the organic HAP content, kg (lb) organic HAP emitted per kg (lb) 
coating solids used, of each coating used during the compliance period 
using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.003

Where:

Hc = Organic HAP content of the coating, kg (lb) of organic 
HAP emitted per kg (lb) coating solids used.
Wc = Mass fraction of organic HAP in the coating, kg organic 
HAP per kg coating, determined according to paragraph (a) of this 
section.
Sc = Mass fraction of coating solids, kg coating solids per 
kg coating, determined according to paragraph (b) of this section.

    (d) 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.  63.4490; 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.  63.4530 and 63.4531. As part of the notification 
of compliance status required in Sec.  63.4510, 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.  63.4490, 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.  63.4542  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) For each compliance period to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content 
(determined using Equation 1 of Sec.  63.4541) exceeds the applicable 
emission limit in Sec.  63.4490, and use no thinner and/or other 
additive, or cleaning material that contains organic HAP, determined 
according to Sec.  63.4541(a). A compliance period consists of 12 
months. Each month, after the end of the initial compliance period 
described in Sec.  63.4540, 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.  
63.4490(c), you must also perform the calculation using Equation 1 in 
Sec.  63.4490(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 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.  
63.4510(c)(6) and 63.4520(a)(5).
    (c) As part of each semiannual compliance report required by Sec.  
63.4520, 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.  63.4490, 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.  63.4490, and you used no thinner and/or other additive, 
or cleaning material that contained organic HAP, determined according 
to Sec.  63.4541(a).
    (d) You must maintain records as specified in Sec. Sec.  63.4530 
and 63.4531.

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


Sec.  63.4550  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.  
63.4551. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4483 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 
mass 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.  63.4551 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.  63.4490.


Sec.  63.4551  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.  63.4490, but is not 
required to meet the operating limits or work practice standards in 
Sec. Sec.  63.4492 and 63.4493, respectively. You must conduct a 
separate initial compliance demonstration for each general use, TPO, 
automotive lamp, and assembled on-road vehicle coating operation unless 
you are demonstrating compliance with a predominant activity or 
facility-specific emission limit as provided in Sec.  63.4490(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

[[Page 21002]]

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.  63.4541(a).
    (b) Determine the mass fraction of coating solids. Determine the 
mass fraction of coating solids (kg (lb) of coating solids per kg (lb) 
of coating) for each coating used during each month according to the 
requirements in Sec.  63.4541(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 there is disagreement between ASTM Method D1475-98 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, 1C, and 2 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] TR19AP04.004

Where:

He = Total mass of organic HAP emissions during the month, 
kg.
A = Total mass of organic HAP in the coatings used during the month, 
kg, as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners 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 RW 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] TR19AP04.005

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.  
63.4581, use the mass fraction of organic HAP that is emitted as 
determined using the method in appendix A to this subpart.
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] TR19AP04.006

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.  63.4581, use the mass fraction 
of organic HAP that is emitted as determined using the method in 
appendix A to this subpart.
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] TR19AP04.007

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.

[[Page 21003]]

    (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.  63.4530(g). 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 mass of coating solids used. Determine the 
total mass of coating solids used, kg, which is the combined mass of 
coating solids for all the coatings used during each month, using 
Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.008

Where:

Mst = Total mass of coating solids used during the month, 
kg.
Volc,i = Total volume of coating, i, used during the month, 
liters.
Dc,i = Density of coating, i, kgs per liter coating, 
determined according to Sec.  63.4551(c).
Ms,i = Mass fraction of coating solids for coating, i, kgs 
solids per kg coating, determined according to Sec.  63.4541(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 kg (lb) coating solids used, using Equation 3 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.009

Where:

Hyr = Average organic HAP emission rate for the compliance 
period, kg organic HAP emitted per kg 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.
Mst = Total mass of coating solids used during month, y, kg, 
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.  63.4490 or the predominant activity or facility-
specific emission limit allowed in Sec.  63.4490(c). You must keep all 
records as required by Sec. Sec.  63.4530 and 63.4531. As part of the 
notification of compliance status required by Sec.  63.4510, 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.  
63.4490, determined according to the procedures in this section.


Sec.  63.4552  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.  
63.4551(a) through (g), must be less than or equal to the applicable 
emission limit in Sec.  63.4490. A compliance period consists of 12 
months. Each month after the end of the initial compliance period 
described in Sec.  63.4550 is the end of a compliance period consisting 
of that month and the preceding 11 months. You must perform the 
calculations in Sec.  63.4551(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.  63.4490(c), you 
must also perform the calculation using Equation 1 in Sec.  
63.4490(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.  63.4490, this is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec.  63.4510(c)(6) and 
63.4520(a)(6).
    (c) As part of each semiannual compliance report required by Sec.  
63.4520, 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.  63.4490, determined according to 
Sec.  63.4551(a) through (g).
    (d) You must maintain records as specified in Sec. Sec.  63.4530 
and 63.4531.

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


Sec.  63.4560  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.  63.4483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4561(j), you must conduct a performance test of each capture 
system and add-on control device according to Sec. Sec.  63.4564, 
63.4565, and 63.4566 and establish the operating limits required by 
Sec.  63.4492 no later than 180 days after the applicable compliance 
date specified in Sec.  63.4483. For a solvent recovery system for 
which you conduct liquid-liquid material balances according to Sec.  
63.4561(j), you must initiate the first material balance no later than 
the applicable compliance date specified in Sec.  63.4483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.4493 no later than the compliance date specified 
in Sec.  63.4483.

[[Page 21004]]

    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.4561. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4483 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 
mass 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.  63.4564, 63.4565, and 63.4566; results of 
liquid-liquid material balances conducted according to Sec.  
63.4561(j); calculations according to Sec.  63.4561 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.  63.4490; the operating limits established 
during the performance tests and the results of the continuous 
parameter monitoring required by Sec.  63.4568; and documentation of 
whether you developed and implemented the work practice plan required 
by Sec.  63.4493.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.4492 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(a)(1) of this section. The requirements in this paragraph (a)(4) do 
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances according to the requirements in Sec.  
63.4561(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.  63.4483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.4561(j), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Sec. Sec.  63.4564, 63.4565, and 63.4566 and establish the operating 
limits required by Sec.  63.4492 no later than the compliance date 
specified in Sec.  63.4483. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec.  63.4561(j), 
you must initiate the first material balance no later than the 
compliance date specified in Sec.  63.4483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.4493 no later than the compliance date specified 
in Sec.  63.4483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.4561. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.4483 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 
mass 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.  63.4564, 63.4565, and 63.4566; results of 
liquid-liquid material balances conducted according to Sec.  
63.4561(j); calculations according to Sec.  63.4561 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.  63.4490; the operating limits established 
during the performance tests and the results of the continuous 
parameter monitoring required by Sec.  63.4568; and documentation of 
whether you developed and implemented the work practice plan required 
by Sec.  63.4493.
    (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 must 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, with or 
without adjustments, 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.  63.4561  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.  63.4490, 63.4492, and 
63.4493. You must conduct a separate initial compliance demonstration 
for each general use, TPO, automotive lamp, and assembled on-road 
vehicle coating operation, unless you are demonstrating compliance with 
a predominant activity or facility-specific emission limit as provided 
in Sec.  63.4490(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

[[Page 21005]]

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.  
63.4560(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.  63.4492, using the procedures 
specified in Sec. Sec.  63.4567 and 63.4568.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.4493 during the initial compliance period, as 
specified in Sec.  63.4530.
    (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.  63.4490 for each affected 
source in each subcategory.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and mass fraction of coating solids. Follow the procedures 
specified in Sec.  63.4551(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 mass 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.  63.4551, 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 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.  63.4563(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] TR19AP04.010

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.  63.4951(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.  63.4563(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.  63.4564 and 63.4565 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.  63.4564 and 63.4566 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:

[[Page 21006]]

[GRAPHIC] [TIFF OMITTED] TR19AP04.011

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.  63.4581, use the mass 
fraction of organic HAP that is emitted as determined using the method 
in appendix A to this subpart.
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] TR19AP04.012

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.  
63.4581, use the mass fraction of organic HAP that is emitted as 
determined using the method in appendix A to this subpart.
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] TR19AP04.013

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.  63.4563(c) and 
(d), using Equation 1D of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.014

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.  63.4563(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.  63.4581, use the 
mass fraction of organic HAP that is emitted as determined using the 
method in appendix A to this subpart.
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.  63.4551(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 21007]]

[GRAPHIC] [TIFF OMITTED] TR19AP04.015

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.  63.4581, use the mass fraction of organic 
HAP that is emitted as determined using the method in appendix A to 
this subpart.
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.  
63.4581, use the mass fraction of organic HAP that is emitted as 
determined using the method in appendix A to this subpart.
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] TR19AP04.016

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] TR19AP04.017

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.  
63.4581, use the mass fraction of organic HAP that is emitted as 
determined using the method in appendix A to this subpart.
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] TR19AP04.018


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 organic HAP per kg thinner and/or other additive. For 
reactive adhesives as defined in Sec.  63.4581, use the mass fraction 
of organic HAP that is emitted as determined using the method in 
appendix A to this subpart.
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:

[[Page 21008]]

[GRAPHIC] [TIFF OMITTED] TR19AP04.019


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 mass of coating solids used. Determine the 
total mass of coating solids used, kg, which is the combined mass 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.  
63.4551.
    (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] TR19AP04.020


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 kg (lb) coating solids used, 
using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR19AP04.021

Where:

Hannual = Organic HAP emission rate for the compliance 
period, kg organic HAP emitted per kg coating solids used.
HHAP,y = Organic HAP emissions for month, y, kg, determined 
according to Equation 4 of this section.
Mst,y = Total mass of coating solids used during month, y, 
kg, from Equation 2 of Sec.  63.4551.
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.  63.4490 or the predominant activity or facility-
specific emission limit allowed in Sec.  63.4490(c). You must keep all 
records as required by Sec. Sec.  63.4530 and 63.4531. As part of the 
notification of compliance status required by Sec.  63.4510, 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.  
63.4490, and you achieved the operating limits required by Sec.  
63.4492 and the work practice standards required by Sec.  63.4493.


Sec.  63.4562  [Reserved]


Sec.  63.4563  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec.  63.4490, the organic HAP emission rate for each 
compliance period, determined according to the procedures in Sec.  
63.4561, must be equal to or less than the applicable emission limit in 
Sec.  63.4490. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec.  
63.4560 is the end of a compliance period consisting of that month and 
the preceding 11 months. You must perform the calculations in Sec.  
63.4561 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.  63.4490(c), you must also perform the calculation using 
Equation 1 in Sec.  63.4490(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.  63.4490, this is 
a deviation from the emission limitation for that compliance period 
that must be reported as specified in Sec. Sec.  63.4510(c)(6) and 
63.4520(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.4492 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.  63.4510(c)(6) 
and 63.4520(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.

[[Page 21009]]

    (d) You must meet the requirements for bypass lines in Sec.  
63.4568(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.  63.4510(c)(6) and 63.4520(a)(7). For the purposes of 
completing the compliance calculations specified in Sec. Sec.  
63.4561(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.  63.4561.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.4493. 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.  63.4530(i)(8), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec.  63.4510(c)(6) and 63.4520(a)(7).
    (f) As part of each semiannual compliance report required in Sec.  
63.4520, 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.  
63.4490, and you achieved the operating limits required by Sec.  
63.4492 and the work practice standards required by Sec.  63.4493 
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.  63.4500(c).
    (h)-(i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec.  63.4530 
and 63.4531.


Sec.  63.4564  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.4560 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.  63.4565. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.4566.


Sec.  63.4565  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.  63.4560.
    (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 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 volatile 
organic compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings, thinners and/or other 
additives, and cleaning

[[Page 21010]]

materials used in the coating operation during each capture efficiency 
test run:
[GRAPHIC] [TIFF OMITTED] TR19AP04.022

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] TR19AP04.023

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 
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] TR19AP04.024


[[Page 21011]]


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.  63.4566  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.  63.4560. 
You must conduct three test runs as specified in Sec.  63.7(e)(3) and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight.
    (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] TR19AP04.025

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/m\3\) (@ 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] TR19AP04.026

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.  63.4567  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.  63.4560 and described 
in Sec. Sec.  63.4564, 63.4565, and 63.4566, you must establish the 
operating limits required by Sec.  63.4492 according to this section, 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.4492.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limits according to paragraphs (a)(1) 
and (2) of this section.
    (1) During the performance test, you must monitor and record the 
combustion temperature at least once every 15 minutes during each of 
the three test runs. You must monitor the temperature in the firebox of 
the thermal oxidizer or immediately downstream of the firebox before 
any substantial heat exchange occurs.
    (2) Use the data collected during the performance test to calculate 
and record the average combustion temperature maintained during the 
performance test. This average combustion temperature is the minimum 
operating limit for your thermal oxidizer.
    (b) Catalytic oxidizers. If your add-on control device is a 
catalytic oxidizer, establish the operating limits according to either 
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15

[[Page 21012]]

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.  63.4566. 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.
    (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.  63.4565(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.
    (1) During the capture efficiency determination required by Sec.  
63.4560 and described in Sec. Sec.  63.4564 and 63.4565, 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.  63.4568  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).

[[Page 21013]]

    (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 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.  63.4520.
    (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.

[[Page 21014]]

    (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.
    (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.

Other Requirements and Information


Sec.  63.4580  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. Sec.  
63.4481 through 4483 and Sec. Sec.  63.4490 through 4493.
    (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.  63.4581  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.
    Automotive lamp coating means any coating operation in which 
coating is applied to the surface of some component of the body of an 
exterior automotive lamp, including the application of reflective 
argent coatings and clear topcoats. Exterior automotive lamps include 
head lamps, tail lamps, turn signals, brake lights, and side marker 
lights. Automotive lamp coating does not include any coating operation 
performed on an assembled on-road vehicle.
    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.

[[Page 21015]]

    Capture system means one or more capture devices intended to 
collect emissions generated by a coating operation in the use of 
coatings or cleaning materials, both at the point of application and at 
subsequent points where emissions from the coatings and cleaning 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
coating operation are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials, such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting), from a substrate before or after coating 
application or from equipment associated with a coating operation, such 
as spray booths, spray guns, racks, tanks, and hangers. Thus, it 
includes any cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, 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 
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).
    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 coating operation that is not an 
automotive lamp, TPO, or assembled on-road vehicle coating operation.
    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.
    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.  63.4541. Manufacturer's formulation data may include, but are 
not limited to, information on density, organic HAP content, volatile 
organic matter content, and coating solids content.
    Mass fraction of coating solids means the ratio of the mass of 
solids (also known as the mass of nonvolatiles) to the mass of a 
coating in which it is contained; kg of coating solids per kg of 
coating.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days 
to 35 days to allow for flexibility in recordkeeping when data are 
based on a business accounting period.
    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 mass 
of coating solids used for a coating calculated using Equation 1 of 
Sec.  63.4541. 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

[[Page 21016]]

the conventional manner of sitting or standing inside the vessel.
    Plastic part and product means any piece or combination of pieces 
of which at least one has been formed from one or more resins. Such 
pieces may be solid, porous, flexible or rigid.
    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.
    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.
    Startup, initial means the first time equipment is brought online 
in a facility.
    Surface preparation means use of a cleaning material on a portion 
of or all of a substrate. This includes use of a cleaning material to 
remove dried coating, which is sometimes called depainting.
    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.
    Thermoplastic olefin (TPO) means polyolefins (blends of 
polypropylene, polyethylene and its copolymers). This also includes 
blends of TPO with polypropylene and polypropylene alloys including, 
but not limited to, thermoplastic elastomer (TPE), TPE polyurethane 
(TPU), TPE polyester (TPEE), TPE polyamide (TPAE), and thermoplastic 
elastomer polyvinyl chloride (TPVC).
    Thermoplastic olefin (TPO) coating means any coating operation in 
which the coatings are components of a system of coatings applied to a 
TPO substrate, including adhesion promoters, primers, color coatings, 
clear coatings and topcoats. Thermoplastic olefin coating does not 
include the coating of TPO substrates on assembled on-road vehicles.
    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).
    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 PPPP of Part 63

    If you are required to comply with operating limits by Sec.  
63.4491(c), you must comply with the applicable operating limits in the 
following table:

   Table 1 to Subpart PPPP 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 following operating      continuous compliance with
                                                       limit . . .                  the operating limit by . . .
----------------------------------------------------------------------------------------------------------------
1. Thermal oxidizer..................  a. The average combustion temperature in    i. Collecting the combustion
                                        any 3-hour period must not fall below the   temperature data according
                                        combustion temperature limit established    to Sec.   63.4568(c);
                                        according to Sec.   63.4567(a).            ii. Reducing the data to 3-
                                                                                    hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    average combustion
                                                                                    temperature at or above the
                                                                                    temperature limit.
2. Catalytic oxidizer................  a. The average temperature measured just    i. Collecting the temperature
                                        before the catalyst bed in any 3-hour       data according to Sec.
                                        period must not fall below the limit        63.4568(c);
                                        established according to Sec.              ii. Reducing the data to 3-
                                        63.4567(b); and either                      hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    average temperature before
                                                                                    the catalyst bed at or above
                                                                                    the temperature limit.
                                       b. Ensure that the average temperature      i. Collecting the temperature
                                        difference across the catalyst bed in any   data according to Sec.
                                        3-hour period does not fall below the       63.4568(c);
                                        temperature difference limit established   ii. Reducing the data to 3-
                                        according to Sec.   63.4567(b)(2); or       hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    average temperature
                                                                                    difference at or above the
                                                                                    temperature difference
                                                                                    limit.

[[Page 21017]]

 
                                       c. Develop and implement an inspection and  i. Maintaining an up-to-date
                                        maintenance plan according to Sec.          inspection and maintenance
                                        63.4567(b)(4).                              plan, records of annual
                                                                                    catalyst activity checks,
                                                                                    records of monthly
                                                                                    inspections of the oxidizer
                                                                                    system, and records of the
                                                                                    annual internal inspections
                                                                                    of the catalyst bed. If a
                                                                                    problem is discovered during
                                                                                    a monthly or annual
                                                                                    inspection required by Sec.
                                                                                     63.4567(b)(4), you must
                                                                                    take corrective action as
                                                                                    soon as practicable
                                                                                    consistent with the
                                                                                    manufacturer's
                                                                                    recommendations.
3. Regenerative carbon adsorber......  a. The total regeneration desorbing gas     i. Measuring the total
                                        (e.g., steam or nitrogen) mass flow for     regeneration desorbing gas
                                        each carbon bed regeneration cycle must     (e.g., steam or nitrogen)
                                        not fall below the total regeneration       mass flow for each
                                        desorbing gas mass flow limit established   regeneration cycle according
                                        according to Sec.   63.4567(c); and         to Sec.   63.4568(d); and
                                                                                   ii. Maintaining the total
                                                                                    regeneration desorbing gas
                                                                                    mass flow at or above the
                                                                                    mass flow limit.
                                       b. The temperature of the carbon bed,       i. Measuring the temperature
                                        after completing each regeneration and      of the carbon bed after
                                        any cooling cycle, must not exceed the      completing each regeneration
                                        carbon bed temperature limit established    and any cooling cycle
                                        according to Sec.   63.4567(c).             according to Sec.
                                                                                    63.4568(d); and
                                                                                   ii. Operating the carbon beds
                                                                                    such that each carbon bed is
                                                                                    not returned to service
                                                                                    until completing each
                                                                                    regeneration and any cooling
                                                                                    cycle until the recorded
                                                                                    temperature of the carbon
                                                                                    bed is at or below the
                                                                                    temperature limit.
4. Condenser.........................  a. The average condenser outlet (product    i. Collecting the condenser
                                        side) gas temperature in any 3-hour         outlet (product side) gas
                                        period must not exceed the temperature      temperature according to
                                        limit established according to Sec.         Sec.   63.4568(e);
                                        63.4567(d).                                ii. Reducing the data to 3-
                                                                                    hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    average gas temperature at
                                                                                    the outlet at or below the
                                                                                    temperature limit.
5. Concentrators, including zeolite    a. The average gas temperature of the       i. Collecting the temperature
 wheels and rotary carbon adsorbers.    desorption concentrate stream in any 3-     data according to Sec.
                                        hour period must not fall below the limit   63.4568(f);
                                        established according to Sec.              ii. Reducing the data to 3-
                                        63.4567(e); and                             hour block averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    average temperature at or
                                                                                    above the temperature limit.
                                       b. The average pressure drop of the dilute  i. Collecting the pressure
                                        stream across the concentrator in any 3-    drop data according to Sec.
                                        hour period must not fall below the limit    63.4568(f);
                                        established according to Sec.              ii. Reducing the pressure
                                        63.4567(e).                                 drop data to 3-hour block
                                                                                    averages; and
                                                                                   iii. Maintaining the 3-hour
                                                                                    average pressure drop at or
                                                                                    above the pressure drop
                                                                                    limit.
6. Emission capture system that is a   a. The direction of the air flow at all     i. Collecting the direction
 PTE according to Sec.   63.4565(a).    times must be into the enclosure; and       of air flow, and either the
                                        either                                      facial velocity of air
                                                                                    through all natural draft
                                                                                    openings according to Sec.
                                                                                    63.4568(g)(1) or the
                                                                                    pressure drop across the
                                                                                    enclosure according to Sec.
                                                                                     63.4568(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 facial velocity of air       i. See items 6.a.i and
                                        through all natural draft openings in the   6.a.ii.
                                        enclosure must be at least 200 feet per
                                        minute; or
                                       c. The pressure drop across the enclosure   i. See items 6.a.i and
                                        must be at least 0.007 inch H2O, as         6.a.ii.
                                        established in Method 204 of appendix M
                                        to 40 CFR part 51.

[[Page 21018]]

 
7. Emission capture system that is     a. The average gas volumetric flow rate or  i. Collecting the gas
 not a PTE according to Sec.            duct static pressure in each duct between   volumetric flow rate or duct
 63.4565(a).                            a capture device and add-on control         static pressure for each
                                        device inlet in any 3-hour period must      capture device according to
                                        not fall below the average volumetric       Sec.   63.4568(g);
                                        flow rate or duct static pressure limit    ii. Reducing the data to 3-
                                        established for that capture device         hour block averages; and
                                        according to Sec.   63.4567(f).            iii. Maintaining the 3-hour
                                                                                    average gas volumetric flow
                                                                                    rate or duct static pressure
                                                                                    for each capture device at
                                                                                    or above the gas volumetric
                                                                                    flow rate or duct static
                                                                                    pressure limit.
----------------------------------------------------------------------------------------------------------------

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

       Table 2 to Subpart PPPP of Part 63--Applicability of General Provisions to Subpart PPPP of Part 63
----------------------------------------------------------------------------------------------------------------
            Citation                     Subject           Applicable to  subpart PPPP         Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(14).........  General Applicability..  Yes.
Sec.   63.1(b)(1)-(3)..........  Initial Applicability    Yes..........................  Applicability to
                                  Determination.                                          subpart PPPP is also
                                                                                          specified in Sec.
                                                                                          63.4481.
Sec.   63.1(c)(1)..............  Applicability After      Yes.
                                  Standard Established.
Sec.   63.1(c)(2)-(3)..........  Applicability of Permit  No...........................  Area sources are not
                                  Program for Area                                        subject to subpart
                                  Sources.                                                PPPP.
Sec.   63.1(c)(4)-(5)..........  Extensions and           Yes.
                                  Notifications.
Sec.   63.1(e).................  Applicability of Permit  Yes.
                                  Program Before
                                  Relevant Standard is
                                  Set.
Sec.   63.2....................  Definitions............  Yes..........................  Additional definitions
                                                                                          are specified in Sec.
                                                                                           63.4581.
Sec.   63.3(a)-(c).............  Units and Abbreviations  Yes.
Sec.   63.4(a)(1)-(5)..........  Prohibited Activities..  Yes.
Sec.   63.4(b)-(c).............  Circumvention/           Yes.
                                  Severability.
Sec.   63.5(a).................  Construction/            Yes.
                                  Reconstruction.
Sec.   63.5(b)(1)-(6)..........  Requirements for         Yes.
                                  Existing, Newly
                                  Constructed, and
                                  Reconstructed Sources.
Sec.   63.5(d).................  Application for          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--Applicab
                                  ility.
Sec.   63.6(b)(1)-(7)..........  Compliance Dates for     Yes..........................  Section 63.4483
                                  New and Reconstructed                                   specifies the
                                  Sources.                                                compliance dates.
Sec.   63.6(c)(1)-(5)..........  Compliance Dates for     Yes..........................  Section 63.4483
                                  Existing Sources.                                       specifies the
                                                                                          compliance dates.
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 sources
                                  During Startup,                                         using an add-on
                                  Shutdown, and                                           control device to
                                  Malfunction.                                            comply with the
                                                                                          standard.
Sec.   63.6(f)(2)-(3)..........  Methods for Determining  Yes.
                                  Compliance.
Sec.   63.6(g)(1)-(3)..........  Use of an Alternative    Yes.
                                  Standard.
Sec.   63.6(h).................  Compliance With Opacity/ No...........................  Subpart PPPP does not
                                  Visible Emission                                        establish opacity
                                  Standards.                                              standards and does not
                                                                                          require continuous
                                                                                          opacity monitoring
                                                                                          systems (COMS).
Sec.   63.6(i)(1)-(16).........  Extension of Compliance  Yes.
Sec.   63.6(j).................  Presidential Compliance  Yes.
                                  Exemption.
Sec.   63.7(a)(1)..............  Performance Test         Yes..........................  Applies to all affected
                                  Requirements--Applicab                                  sources. Additional
                                  ility.                                                  requirements for
                                                                                          performance testing
                                                                                          are specified in Sec.
                                                                                          Sec.   63.4564,
                                                                                          63.4565, and 63.4566.

[[Page 21019]]

 
Sec.   63.7(a)(2)..............  Performance Test         Yes..........................  Applies only to
                                  Requirements--Dates.                                    performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Section 63.4560
                                                                                          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--Notifica                                  performance tests for
                                  tion, Quality                                           capture system and add-
                                  Assurance, Facilities                                   on control device
                                  Necessary for Safe                                      efficiency at sources
                                  Testing, Conditions                                     using these to comply
                                  During Test.                                            with the standards.
Sec.   63.7(f).................  Performance Test         Yes..........................  Applies to all test
                                  Requirements--Use                                       methods except those
                                  Alternative Test                                        of 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 add-
                                  Recordkeeping,                                          on control device
                                  Reporting, Waiver of                                    efficiency at sources
                                  Test.                                                   using these to comply
                                                                                          with the standards.
Sec.   63.8(a)(1)-(3)..........  Monitoring               Yes..........................  Applies only to
                                  Requirements--Applicab                                  monitoring of capture
                                  ility.                                                  system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for
                                                                                          monitoring are
                                                                                          specified in Sec.
                                                                                          63.4568.
Sec.   63.8(a)(4)..............  Additional Monitoring    No...........................  Subpart PPPP 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.
                                                                                          63.4568.
Sec.   63.8(c)(4)..............  CMS....................  No...........................  Section 63.4568
                                                                                          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 PPPP does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.8(c)(6)..............  CMS Requirements.......  No...........................  Section 63.4568
                                                                                          specifies the
                                                                                          requirements for
                                                                                          monitoring systems for
                                                                                          capture systems and
                                                                                          add-on control devices
                                                                                          at sources using these
                                                                                          to comply.
Sec.   63.8(c)(7)..............  CMS Out-of-Control       Yes.
                                  Periods.
Sec.   63.8(c)(8)..............  CMS Out-of-Control       No...........................  Section 63.4520
                                  Periods and Reporting.                                  requires reporting of
                                                                                          CMS out-of-control
                                                                                          periods.
Sec.   63.8(d)-(e).............  Quality Control Program  No...........................  Subpart PPPP does not
                                  and CMS Performance                                     require the use of
                                  Evaluation.                                             continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(f)(1)-(5)..........  Use of an Alternative    Yes.
                                  Monitoring Method.
Sec.   63.8(f)(6)..............  Alternative to Relative  No...........................  Subpart PPPP does not
                                  Accuracy Test.                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.8(g)(1)-(5)..........  Data Reduction.........  No...........................  Sections 63.4567 and
                                                                                          63.4568 specify
                                                                                          monitoring data
                                                                                          reduction.
Sec.   63.9(a)-(d).............  Notification             Yes.
                                  Requirements.
Sec.   63.9(e).................  Notification of          Yes..........................  Applies only to capture
                                  Performance Test.                                       system and add-on
                                                                                          control device
                                                                                          performance tests at
                                                                                          sources using these to
                                                                                          comply with the
                                                                                          standards.
Sec.   63.9(f).................  Notification of Visible  No...........................  Subpart PPPP does not
                                  Emissions/Opacity Test.                                 have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.9(g)(1)-(3)..........  Additional               No...........................  Subpart PPPP does not
                                  Notifications When                                      require the use of
                                  Using CMS.                                              continuous emissions
                                                                                          monitoring systems.
Sec.   63.9(h).................  Notification of          Yes..........................  Section 63.4510
                                  Compliance Status.                                      specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec.   63.9(i).................  Adjustment of Submittal  Yes.
                                  Deadlines.
Sec.   63.9(j).................  Change in Previous       Yes.
                                  Information.

[[Page 21020]]

 
Sec.   63.10(a)................  Recordkeeping/           Yes.
                                  Reporting--Applicabili
                                  ty and General
                                  Information.
Sec.   63.10(b)(1).............  General Recordkeeping    Yes..........................  Additional requirements
                                  Requirements.                                           are specified in Sec.
                                                                                          Sec.   63.4530 and
                                                                                          63.4531.
Sec.   63.10(b)(2) (i)-(v).....  Recordkeeping Relevant   Yes..........................  Requirements for
                                  to Startup, Shutdown,                                   startup, shutdown, and
                                  and Malfunction                                         malfunction records
                                  Periods and CMS.                                        only apply to add-on
                                                                                          control devices used
                                                                                          to comply with the
                                                                                          standards.
Sec.   63.10(b)(2) (vi)-(xi)...  .......................  Yes.
Sec.   63.10(b)(2) (xii).......  Records................  Yes.
Sec.   63.10(b)(2) (xiii)......  .......................  No...........................  Subpart PPPP 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.
                                                                                          63.4520(a)(7).
Sec.   63.10(c)(9)-(15)........  .......................  Yes.
Sec.   63.10(d)(1).............  General Reporting        Yes..........................  Additional requirements
                                  Requirements.                                           are specified in Sec.
                                                                                           63.4520.
Sec.   63.10(d)(2).............  Report of Performance    Yes..........................  Additional requirements
                                  Test Results.                                           are specified in Sec.
                                                                                           63.4520(b).
Sec.   63.10(d)(3).............  Reporting Opacity or     No...........................  Subpart PPPP 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
                                                                                          standards.
Sec.   63.10(e)(1)-(2).........  Additional CMS Reports.  No...........................  Subpart PPPP does not
                                                                                          require the use of
                                                                                          continuous emissions
                                                                                          monitoring systems.
Sec.   63.10(e)(3).............  Excess Emissions/CMS     No...........................  Section 63.4520(b)
                                  Performance Reports.                                    specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.
Sec.   63.10(e)(4).............  COMS Data Reports......  No...........................  Subpart PPPP does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec.   63.10(f)................  Recordkeeping/Reporting  Yes.
                                  Waiver.
Sec.   63.11...................  Control Device           No...........................  Subpart PPPP does not
                                  Requirements/Flares.                                    specify use of flares
                                                                                          for compliance.
Sec.   63.12...................  State Authority and      Yes.
                                  Delegations.
Sec.   63.13...................  Addresses..............  Yes.
Sec.   63.14...................  Incorporation by         Yes.
                                  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 PPPP of Part 63--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
                                                     Average
                                                     organic
       Solvent/solvent blend           CAS. No.      HAP mass         Typical organic HAP,  percent by mass
                                                     fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene.........................      108-88-3        1.0    Toluene.
2. Xylene(s).......................     1330-20-7        1.0    Xylenes, ethylbenzene.
3. Hexane..........................      110-54-3        0.5    n-hexane.
4. n-Hexane........................      110-54-3        1.0    n-hexane.
5. Ethylbenzene....................      100-41-4        1.0    Ethylbenzene.
6. Aliphatic 140...................  ............        0      None.
7. Aromatic 100....................  ............        0.02   1% xylene, 1% cumene.

[[Page 21021]]

 
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 PPPP of Part 63-- Default Organic HAP Mass Fraction for Petroleum Solvent Groups\a\
----------------------------------------------------------------------------------------------------------------
                                      Average
                                      organic
           Solvent type               HAP mass                 Typical organic HAP, percent by mass
                                      fraction
----------------------------------------------------------------------------------------------------------------
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.

Appendix A to Subpart PPPP of Part 63--Determination of Weight Volatile 
Matter Content and Weight Solids Content of Reactive Adhesives

1.0 Applicability and Principle

    1.1 Applicability: This method applies to the determination of 
weight volatile matter content and weight solids content for most 
one-part or multiple-part reactive adhesives. Reactive adhesives are 
composed, in large part, of monomers that react during the adhesive 
curing reaction, and, as a result, do not volatilize. The monomers 
become integral parts of the cured adhesive through chemical 
reaction. At least 70 weight percent of the system, excluding water 
and non-volatile solids such as fillers, react during the process. 
This method is not appropriate for cyanoacrylates. For 
cyanoacrylates, South Coast Air Quality Management District Test 
Method 316B should be used. This method is not appropriate for one-
part moisture cure urethane adhesives or for silicone adhesives. For 
one-part moisture cure urethane adhesives and for silicone 
adhesives, EPA Method 24 should be used.
    1.2 Principle: One-part and multiple-part reactive adhesives 
undergo a reactive conversion from liquid to solid during the 
application and assembly process. Reactive adhesives are applied to 
a single surface, but then are usually quickly covered with another 
mating surface to achieve a bonded assembly. The monomers employed 
in such systems typically react and are converted to non-volatile 
solids. If left uncovered, as in a Method 24 (ASTM D2369) test, the 
reaction is inhibited by the presence of oxygen and volatile loss of 
the reactive components competes more heavily with the cure 
reaction. If this were to happen under normal use conditions, the 
adhesives would not provide adequate performance. This method 
minimizes this undesirable deterioration of the adhesive 
performance.

2.0 Materials and Apparatus

    2.1 Aluminum foil, aluminum sheet, non-leaching plastic film or 
non-leaching plastic sheet, approximately 3 inches by 3 inches. 
Precondition the foil, film, or sheet for 30 minutes in an oven at 
110  5 degrees Celsius and store in a 
desiccator prior to use. Use tongs or rubber gloves or both to 
handle the foil, film, or sheet.
    2.2 Flat, rigid support panels slightly larger than the foil, 
film, or sheet. Polypropylene with a minimum thickness of \1/8\ inch 
is recommended for the support panels. Precondition the support 
panels for 30 minutes in an oven at 110  5 
degrees Celsius and store in a desiccator prior to use. Use tongs or 
rubber gloves or both to handle the support panels.
    2.3 Aluminum spacers, \1/8\ inch thick. Precondition the spacers 
for 30 minutes in an oven at 110  5 degrees 
Celsius and store in a desiccator prior to use. Use tongs or rubber 
gloves or both to handle the spacers.
    2.4 Forced draft oven, type IIA or IIB as specified in ASTM 
E145-94 (Reapproved 2001), ``Standard Specification for Gravity-
Convection and Forced-Ventilation Ovens'' (incorporated by 
reference, see Sec.  63.14).
    2.5 Electronic balance capable of weighing to 0.0001 grams (0.1 mg).
    2.6 Flat bottom weight (approximately 3 lbs) or clamps.

Material and Apparatus Notes

    1--The foil, film, or sheet should be thick or rigid enough so 
that it can be easily handled in the test procedure.

[[Page 21022]]

3.0 Procedure

    3.1 Two procedures are provided. In Procedure A the initial 
specimen weight is determined by weighing the foil, film, or sheet 
before and after the specimen is dispensed onto the foil, film, or 
sheet. In Procedure B the initial specimen weight is determined by 
weighing the adhesive cartridge (kit) before and after the specimen 
is dispensed.
    3.2 At least four test specimens should be run for each test 
material. Run the test at room temperature, 74 degrees Fahrenheit 
(23 degrees Celsius).

Procedure A

    1. Zero electronic balance.
    2. Place 2 pieces of aluminum foil (or aluminum sheet, plastic 
film, or plastic sheet) on scale.
    3. Record weight of aluminum foils. (A).
    4. Tare balance.
    5. Remove top piece of aluminum foil.
    6. Dispense a 10 to 15 gram specimen of premixed adhesive onto 
bottom piece of aluminum foil. Place second piece of aluminum foil 
on top of the adhesive specimen to make a sandwich.
    7. Record weight of sandwich (specimen and aluminum foils). (B).
    8. Remove sandwich from scale, place sandwich between two 
support panels with aluminum spacers at the edges of the support 
panels to make a supported sandwich. The spacers provide a standard 
gap. Take care to mate the edges.
    9. Place the supported sandwich on a flat surface.
    10. Place the weight on top of the supported sandwich to spread 
the adhesive specimen to a uniform thickness within the sandwich. 
Check that no adhesive squeezes out from between the pieces of 
aluminum foil or through tears in the aluminum foil.
    11. Allow to cure 24 hours.
    12. Remove the sandwich from between the support panels. Record 
the weight of the sandwich. This is referred to as the 24 hr weight. 
(C).
    13. Bake sandwich at 110 degrees Celsius for 1 hour.
    14. Remove sandwich from the oven, place immediately in a 
desiccator, and cool to room temperature. Record post bake sandwich 
weight. (D).

Procedure B

    1. Zero electronic balance.
    2. Place two pieces of aluminum foil (or aluminum sheet, plastic 
film, or plastic sheet) on scale.
    3. Record weight of aluminum foils. (A).
    4. Tare balance.
    5. Place one support panel on flat surface. Place first piece of 
aluminum foil on top of this support panel.
    6. Record the weight of a pre-mixed sample of adhesive in its 
container. If dispensing the adhesive from a cartridge (kit), record 
the weight of the cartridge (kit) plus any dispensing tips. (F).
    7. Dispense a 10 to 15 gram specimen of mixed adhesive onto the 
first piece of aluminum foil. Place second piece of aluminum foil on 
top of the adhesive specimen to make a sandwich.
    8. Record weight of the adhesive container. If dispensing the 
adhesive from a cartridge (kit), record the weight of the cartridge 
(kit) plus any dispensing tips. (G).
    9. Place the aluminum spacers at the edges of the bottom support 
panel polypropylene sheet. The spacers provide a standard gap.
    10. Place the second support panel on top of the assembly to 
make a supported sandwich. Take care to mate the edges.
    11. Place the supported sandwich on a flat surface.
    12. Place the weight on top of the supported sandwich to spread 
the adhesive specimen to a uniform thickness within the sandwich. 
Check that no adhesive squeezes out from between the pieces of 
aluminum foil or through tears in the aluminum foil.
    13. Allow to cure 24 hours.
    14. Remove the sandwich from between the support panels. Record 
the weight of the sandwich. This is referred to as the 24 hr weight. 
(C).
    15. Bake sandwich at 110 degrees Celsius for 1 hour.
    16. Remove sandwich from the oven, place immediately in a 
desiccator, and cool to room temperature.
    17. Record post-bake sandwich weight. (D).

Procedural Notes

    1--The support panels may be omitted if the aluminum foil (or 
aluminum sheet, plastic film, or plastic sheet) will not tear and 
the adhesive specimen will spread to a uniform thickness within the 
sandwich when the flat weight is placed directly on top of the 
sandwich.
    2--Clamps may be used instead of a flat bottom weight to spread 
the adhesive specimen to a uniform thickness within the sandwich.
    3--When dispensing from a static mixer, purging is necessary to 
ensure uniform, homogeneous specimens. The weighing in Procedure B, 
Step 6 must be performed after any purging.
    4--Follow the adhesive manufacturer's directions for mixing and 
for dispensing from a cartridge (kit).

4.0 Calculations

    4.1 The total weight loss from curing and baking of each 
specimen is used to determine the weight percent volatile matter 
content of that specimen

Procedure A

Weight of original specimen (S) = (B)-(A)
Weight of post-bake specimen (P) = (D)-(A)
Total Weight Loss (L) = (S)-(P)

Procedure B

Weight of original specimen (S) = (F)-(G)
Weight of post-bake specimen (P) = (D)-(A)
Total Weight Loss (L) = (S)-(P)

Procedure A and Procedure B

Weight Percent Volatile Matter Content

(V) = [(Total weight loss)/(Initial specimen weight)] x 100 = [(L)/
(S)] x 100

    4.2 The weight volatile matter content of a material is the 
average of the weight volatile matter content of each specimen of 
that material. For example, if four specimens of a material were 
tested, then the weight percent volatile matter content for that 
material is:

V = [V1 + V2 + V3 + V4]/4
Where:

Vi = the weight percent volatile matter content of specimen i of the 
material.

    4.3 The weight percent solids content of the material is 
calculated from the weight percent volatile content of the material.

Weight Percent Solids Content (N) = 100-(V)

Calculation Notes

    1--The weight loss during curing and the weight loss during 
baking may be calculated separately. These values may be useful for 
identifying sources of variation in the results obtained for 
different specimens of the same material.
    2--For both Procedure A and Procedure B, the weight loss during 
curing is (S)-[(C)-(A)] and the weight loss during baking is (C)-
(D).

[FR Doc. 04-9 Filed 4-16-04; 8:45 am]
BILLING CODE 6560-50-P