[Federal Register Volume 69, Number 80 (Monday, April 26, 2004)]
[Rules and Regulations]
[Pages 22602-22661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8215]



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Part II





Environmental Protection Agency





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40 CFR Parts 63, 264 and 265



National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Automobiles and Light-Duty Trucks; Final Rule

  Federal Register / Vol. 69, No. 80 / Monday, April 26, 2004 / Rules 
and Regulations  

[[Page 22602]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 63, 264 and 265

[OAR-2002-0093; FRL-7630-9]
RIN 2060-AG99


National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Automobiles and Light-Duty Trucks

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 automobile and light-duty truck 
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 
automobile and light-duty truck surface coating source category. The 
primary HAP emitted by these operations are toluene, xylene, glycol 
ethers, methyl ethyl ketone (MEK), methyl isobutyl ketone (MIBK), 
ethylbenzene, and methanol. The final standards are expected to reduce 
nationwide organic HAP emissions from major sources in this source 
category by approximately 60 percent.
    This action also amends the Surface Coating of Miscellaneous Metal 
Parts and Products NESHAP (40 CFR part 63, subpart MMMM) and the 
Surface Coating of Plastic Parts and Products NESHAP (40 CFR part 63, 
subpart PPPP) to clarify the interaction between these rules and the 
Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR 
part 63, subpart IIII).
    Additionally, this action amends the Resource Conservation and 
Recovery Act (RCRA) Air Emission Standards for Equipment Leaks at 40 
CFR parts 264 and 265, subparts BB, for owners and operators of 
hazardous waste treatment, storage, and disposal facilities to exempt 
air emissions from certain activities covered by the final NESHAP from 
these RCRA standards.

DATES: The final rule is effective June 25, 2004. The incorporation by 
reference of certain publications listed in the final rule is approved 
by the Director of the Federal Register as of June 25, 2004.

ADDRESSES: Docket. Docket ID No. OAR-2002-0093 and Docket ID No. A-
2001-22 are located at the EPA Docket Center, EPA West (6102T), 1301 
Constitution Avenue, NW., Room B-102, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Mr. David Salman, Coatings and 
Consumer Products Group, Emission Standards Division (C539-03), U.S. 
EPA, Research Triangle Park, NC 27711; telephone number (919) 541-0859; 
facsimile number (919) 541-5689; electronic mail address: 
[email protected].

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities 
potentially regulated by this action are listed by North American 
Industrial Classification System (NAICS) codes listed in Table 1.

  Table 1.--Categories and Entities Potentially Regulated by the Final
                                Standards
------------------------------------------------------------------------
                                                          Examples of
            Category                     NAICS            potentially
                                                      regulated entities
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Industry........................  336111, 336112,     Automobile and
                                   336211.             light-duty truck
                                                       assembly plants,
                                                       producers of
                                                       automobile and
                                                       light-duty truck
                                                       bodies.
------------------------------------------------------------------------

    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.  
63.3081 of the final rule.
    Docket. The EPA has established an official public docket for this 
action under Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22. 
The official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. All items may not be listed under 
both docket numbers, so interested parties should inspect both docket 
numbers to ensure that they have received all materials relevant to the 
final rule. Although a part of the official docket, the public docket 
does not include Confidential Business Information or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the EPA Docket Center, EPA West, Room B-102, 1301 Constitution Avenue, 
NW., Washington, DC 20460. The 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 25, 2004. Under section 307(d)(7)(B) of the CAA, only 
an objection to the rule that was

[[Page 22603]]

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 Automobiles and Light-duty 
Trucks?
II. Summary of the Final Rule
    A. What Source Categories 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. Compliance Demonstration and Monitoring
    C. Analytical Methods
    D. Notifications and Recordkeeping
    E. Definitions
IV. What are the Responses to Significant Comments?
    A. Applicability
    B. Compliance Demonstration, Monitoring, and Emission Limits
    C. Analytical Methods
    D. Notifications, Reports, and Recordkeeping
    E. Definitions
    F. Amendment of RCRA Rule
    G. Risk Based Approaches
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. How Will the Amendments to 40 CFR parts 264 and 265, Subparts 
BB, of the Hazardous Waste Regulations be Implemented in the States?
    A. Applicability of Federal Rules in Authorized States
    B. Authorization of States for Today's Amendments
VII. 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 surface 
coating of automobiles and light-duty trucks category of major sources 
was listed on July 16, 1992 (57 FR 31576). Major sources of HAP are 
those that emit or have the potential to emit 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 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?

    HAP emission sources. Emissions from coating application, drying, 
and curing account for most of the HAP emissions from automobile and 
light-duty truck surface coating operations. The remaining emissions 
are primarily from cleaning of booths and application equipment and 
purging of spray equipment. 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. In most cases, HAP emissions from surface 
preparation and waste/wastewater operations are relatively small.
    Organic HAP. The final NESHAP regulate emissions of organic HAP. 
Available emission data collected during the development of the NESHAP 
show that the primary organic HAP emitted from automobile and light-
duty truck surface coating operations are toluene, xylene, glycol 
ethers, MEK, MIBK, ethylbenzene, and methanol. These compounds account 
for over 95 percent of the nationwide HAP emissions from this source 
category.
    Inorganic HAP. Based on information reported during the development 
of the NESHAP, lead, manganese, and chromium may be contained in some 
of the coatings used by this source category but are not likely to be 
emitted due to the coating application techniques used. No inorganic 
HAP were reported in thinners or cleaning materials. The only use of 
lead in coatings in this source category is in electrodeposition 
primers. None of this lead is emitted because these primers are applied 
by dip coating. Lead is being

[[Page 22604]]

phased out of electrodeposition primers. For spray applied coatings, 
most of the inorganic HAP components remain as solids in the dry 
coating film on the parts being coated, are collected by the 
circulating water under the spray booth floor grates, or are deposited 
on the walls, floor, and grates of the spray booths and other equipment 
in which they are applied. Therefore, inorganic HAP emission levels are 
expected to be very low and have not been quantified.

D. What Are the Health Effects Associated With Organic HAP Emissions 
From the Surface Coating of Automobiles and Light-Duty Trucks?

    The HAP to be controlled with the final rule are associated with a 
variety of adverse health effects. Some of the potential toxic effects 
include effects to the central nervous system, such as fatigue, nausea, 
tremors, and lack of coordination; adverse effects on the liver, 
kidneys, and blood; respiratory effects; and developmental effects.
    The degree of adverse effects to human health from exposure to HAP 
can range from mild to severe. The extent and degree to which the human 
health effects may be experienced are dependent upon (1) The ambient 
concentration observed in the area (as influenced by emission rates, 
meteorological conditions, and terrain); (2) the frequency and duration 
of exposures; (3) characteristics of exposed individuals (genetics, 
age, preexisting health conditions, and lifestyle), which vary 
significantly with the population; and (4) pollutant-specific 
characteristics (toxicity, half-life in the environment, 
bioaccumulation, and persistence).
    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 a detailed analysis to determine the actual 
population exposures to the organic HAP emitted from these facilities 
and potential for resultant health effects. We did conduct a rough risk 
assessment which indicated that both the baseline level of adverse 
health effects and the effect of the final rule on human health are 
small. This rough risk assessment is discussed further later in this 
preamble and is available in the docket.

II. Summary of the Final Rule

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

    The final rule applies to you if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.3082, that is located at a facility which applies topcoat to new 
automobile or new light-duty truck bodies or body parts for new 
automobiles or new light-duty trucks, and that is a major source, is 
located at a major source, or is part of a major source of emissions of 
HAP. Body part is defined in the final rule to mean exterior parts such 
as hoods, fenders, doors, roof, quarter panels, decklids, tail gates, 
and cargo beds. Body parts were traditionally made of sheet metal, but 
now are also made of plastic. Bumpers, fascia, and cladding are not 
body parts. Coating operations included in this source category 
include, but are not limited to, the application of electrodeposition 
primer, primer-surfacer, topcoat (including basecoat and clear coat), 
final repair, glass bonding primer, glass bonding adhesive, sealer, 
adhesive, and deadener. The application of blackout and anti-chip 
materials is included in these coating operations, as is the cleaning 
and purging of equipment associated with the coating operations. If you 
are subject to the final rule and also coat parts intended for use in 
new automobiles or new light-duty trucks or as aftermarket repair or 
replacement parts for automobiles or light-duty trucks which would 
otherwise be subject to the Surface Coating of Miscellaneous Metal 
Parts and Products NESHAP (40 CFR part 63, subpart MMMM) or the Surface 
Coating of Plastic Parts and Products NESHAP (40 CFR part 63, subpart 
PPPP), you have the option to include these operations under the final 
rule. Alternately, you may choose to have such collocated coating 
operations remain subject to either the Surface Coating of 
Miscellaneous Metal Parts and Products NESHAP (40 CFR part 63, subpart 
MMMM) or the Surface Coating of Plastic Parts and Products NESHAP (40 
CFR part 63, subpart PPPP). You may not include collocated operations 
that apply surface coatings to parts that are not intended for use in 
automobiles and light-duty trucks in your affected source under the 
final rule. We are also amending the Surface Coating of Miscellaneous 
Metal Parts and Products NESHAP (40 CFR part 63, subpart MMMM) and the 
Surface Coating of Plastic Parts and Products NESHAP (40 CFR part 63, 
subpart PPPP) to clarify the interaction between these rules and the 
Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR 
part 63, subpart IIII). Automobile customizers, body shops, and 
refinishers are excluded from this source category.
    You are not subject to the final rule if your coating operation is 
located at an area source. An area source is any stationary source of 
HAP that is not a major source.
    You may establish area source status prior to the compliance date 
of the final rule by limiting the source's potential to emit HAP 
through appropriate mechanisms available through the permitting 
authority.
    This source category does not include research or laboratory 
operations or janitorial, building, and facility maintenance 
operations.
    We are also amending the RCRA Air Emissions Standards for Equipment 
Leaks at 40 CFR parts 264 and 265, subparts BB. The amendments exempt 
air emissions from the collection and transmission of captured purge 
material which would otherwise be subject to requirements of subparts 
BB of 40 CFR parts 264 and 265 if they are subject to the requirements 
of the final NESHAP. Generally, subparts BB of 40 CFR parts 264 and 265 
apply to equipment that contains or contacts RCRA hazardous wastes with 
organic concentrations of at least 10 percent by weight. Subparts BB 
apply to large quantity generators as well as to RCRA treatment, 
storage, and disposal facilities. Subparts BB were designed to minimize 
air emissions from leaks from equipment such as pumps, valves, flanges, 
and connections.
    The work practice standards in Sec.  63.3094 of the final NESHAP 
address emissions from purging of coating applicators, the collection 
and transmission of purged paint and solvent in a purge capture system, 
and the storage of captured purge material. The collection and 
transmission systems would potentially be subject to the requirements 
of subparts BB. The potential for air releases once purged materials 
are captured is relatively small. The HAP emissions from captured purge 
materials are very small in comparison with the coating application, 
drying, and curing. Measurements made by industry indicate that 
emissions of volatile organic compounds (VOC) would be at least one to 
two orders of magnitude less than concentrations that would meet the 
definition of a leak under subparts BB of 40 CFR parts 264 and 265. 
Additionally, the collected mixture is usually shipped off-site to a 
solvent recycler and the automobile and light-duty truck facility 
typically receives a credit from the off-site solvent recycler for the 
solvent recovered from the mixture. This provides an additional 
incentive for the industry to retain as much of the captured purge 
material as possible, and therefore to repair any leaks as quickly as 
possible. For these

[[Page 22605]]

reasons and to avoid duplication, if such a collection and transmission 
system is subject to the final NESHAP then it is exempt from the 
requirements of subparts BB of 40 CFR parts 264 and 265.
    If a facility chooses to include under the NESHAP operations which 
coat parts intended for use in new automobiles or new light-duty trucks 
or as aftermarket repair or replacement parts for automobiles or light-
duty trucks which would otherwise be subject to the NESHAP for surface 
coating of miscellaneous metal parts and products (40 CFR part 63, 
subpart MMMM) or surface coating of plastic parts and products (40 CFR 
part 63, subpart PPPP), then the captured purge material from these 
operations are also exempt from the requirements of subparts BB of 40 
CFR parts 264 and 265. Many of the coatings applied at facilities 
subject to the final NESHAP to separate, non-body plastic parts and 
separate, non-body metal parts for automobiles and light-duty trucks 
are similar in composition to those applied to automobile and light-
duty truck bodies and body parts. The captured purge materials are 
conveyed to waste tanks in the same fashion as the purged materials 
from automobile and light-duty truck body coating operations.

B. What Is the Relationship to Other Rules?

    Affected sources subject to the final rule may also be subject to 
other rules. Automobile and light-duty truck surface coating operations 
that began construction, reconstruction, or modification after October 
5, 1979 are subject to new source performance standards (NSPS) under 40 
CFR part 60, subpart MM. That rule limits emissions of VOC. The EPA has 
also published control techniques guidelines which establish reasonably 
available control technologies for limiting VOC emissions from 
automobile and light-duty truck surface coating operations. Additional 
VOC emission limitations may also apply to these facilities through 
conditions incorporated in State operating permits and permits issued 
under authority of title V of the CAA. Facilities in this subcategory 
may also be subject to various emission limitations pursuant to State 
air toxics rules.
    An automobile and light-duty truck surface coating facility may be 
subject to other NESHAP. Subparts MMMM (for surface coating of 
miscellaneous metal parts and products) and PPPP (for surface coating 
of plastic parts and products) of 40 CFR part 63, limit emissions from 
coating operations conducted on separate, non-body parts. To decrease 
the burden of complying with multiple surface coating emission limits, 
the final rule provides that collocated operations that apply surface 
coating to any automobile and light-duty truck part may be optionally 
included under the final rule. Surface coating of metal and plastic 
parts not intended for attachment to automobiles and light-duty trucks 
remain covered under the relevant subpart, 40 CFR part 63, subpart MMMM 
for metal parts and 40 CFR part 63, subpart PPPP for plastic parts. We 
are also amending 40 CFR part 63, subparts MMMM and PPPP to clarify the 
interaction between these rules and the final rule. Facilities may also 
be subject to other rules relating to collocated equipment such as 
foundries and boilers.
    The transmission and storage of captured purge materials from 
coating equipment may also be subject to the RCRA tank system 
requirements under subparts J of 40 CFR parts 264 and 265, and the Air 
Emission Standards for Equipment Leaks under subparts BB of of 40 CFR 
parts 264 and 265. The tank system rules under subparts J apply to 
hazardous waste storage tanks, all ancillary equipment used to convey 
hazardous waste to such tanks, and secondary containment systems. The 
requirements of subparts J are designed to prevent releases from 
hazardous waste tank systems and to detect and respond to releases from 
hazardous waste tank systems, thereby ensuring minimal risk of 
hazardous waste reaching ground water, surface waters, or soils.
    The air emission standards for equipment leaks under subparts BB of 
40 CFR parts 264 and 265 apply to equipment that contains or contacts 
RCRA hazardous waste with organic concentrations of at least 10 percent 
by weight. Subparts BB were designed to minimize air emissions from 
leaks from equipment such as pumps, valves, flanges, and connections. 
To avoid duplication between subparts BB and the final NESHAP, we are 
exempting equipment from subparts BB if it is subject to the Surface 
Coating of Automobiles and Light-Duty Trucks NESHAP.

C. What Is the Affected Source?

    We define an affected source as a stationary source, group of 
stationary sources, or part of a stationary source to which a specific 
emission standard applies. The final rule defines the affected source 
as all of the equipment used to apply coating to new automobile or new 
light-duty truck bodies or body parts for new automobiles or new light-
duty trucks and to dry or cure the coating after application; all 
storage containers and mixing vessels in which vehicle body coatings, 
thinners, and cleaning materials are stored or mixed; all manual and 
automated equipment and containers used for conveying vehicle body 
coatings, thinners, and cleaning materials; and all storage containers 
and all manual and automated equipment and containers used for 
conveying waste materials generated by an automobile and light-duty 
truck surface coating operation. Operations that apply surface coating 
to other automobile and light-duty truck parts may be optionally 
included in the affected source.
    The affected source does not include research or laboratory 
operations or janitorial, building, and facility maintenance 
operations.

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

    Emission limits. The final rule limits organic HAP emissions from 
each new or reconstructed automobile and light-duty truck surface 
coating facility using the emission limits in Table 2 of this preamble.

   Table 2.--Emission Limits for New or Reconstructed Affected Sources
                            (monthly average)
------------------------------------------------------------------------
               Operation                              Limit
------------------------------------------------------------------------
Combined electrodeposition primer,       0.036 kilogram (kg) (0.30 pound
 primer-surfacer, topcoat, final          (lb)) organic HAP/liter (HAP/
 repair, glass bonding primer, and        gallon (gal)) of coating
 glass bonding adhesive operation plus    solids deposited).
 all coatings and thinners, except for
 deadener materials and for adhesive
 and sealer materials that are not
 components of glass bonding systems,
 used in coating operations added to
 the affected source pursuant to Sec.
 63.3082(c).

[[Page 22606]]

 
Combined primer-surfacer, topcoat,       0.060 kg (0.50 lb organic HAP/
 final repair, glass bonding primer,      1iter (HAP/gal) of coating
 and glass bonding adhesive operation     solids deposited).
 plus all coatings and thinners, except
 for deadener materials and for
 adhesive and sealer materials that are
 not components of glass bonding
 systems, used in coating operations
 added to the affected source pursuant
 to Sec.   63.3082(c) (for sources
 meeting the operating limits of Sec.
 63.3092(a) or (b)).
Adhesives and sealers, other than glass  0.010 kg/kg (lb/lb) of material
 bonding adhesive.                        used.
Deadener...............................  0.010 kg/kg (lb/lb) of material
                                          used.
------------------------------------------------------------------------

We are limiting organic HAP emissions from each existing automobile and 
light-duty truck surface coating facility using the emission limits in 
Table 3 of this preamble.

    Table 3.--Emission Limits for Existing Affected Sources (monthly
                                average)
------------------------------------------------------------------------
               Operation                              Limit
------------------------------------------------------------------------
Combined electrodeposition primer,       0.072 kg (0.60 lb) organic HAP/
 primer-surfacer, topcoat, final          liter (HAP/gal) of coating
 repair, glass bonding primer, and        solids deposited.
 glass bonding adhesive operation plus
 all coatings and thinners, except for
 deadener materials and for adhesive
 and sealer materials that are not
 components of glass bonding systems,
 used in coating operations added to
 the affected source pursuant to Sec.
 63.3082(c).
Combined primer-surfacer, topcoat,       0.132 kg (1.10 lb) organic HAP/
 final repair, glass bonding primer,      liter (HAP/gal) of coating
 and glass bonding adhesive operation     solids deposited.
 plus all coatings and thinners, except
 for deadener materials and for
 adhesive and sealer materials that are
 not components of glass bonding
 systems, used in coating operations
 added to the affected source pursuant
 to Sec.   63.3082(c) (for sources
 meeting the operating limits of Sec.
 63.3092(a) or (b)).
Adhesives and sealers other than glass   0.010 kg/kg (lb/lb) of material
 bonding adhesive.                        used.
Deadener...............................  0.010 lb/lb (kg/kg) of material
                                          used.
------------------------------------------------------------------------

You must calculate emissions from: (1) The combined electrodeposition 
primer, primer-surfacer, topcoat, final repair, glass bonding primer, 
and glass bonding adhesive operations plus all coatings and thinners, 
except for deadener materials and for adhesive and sealer materials 
that are not components of glass bonding systems, used in coating 
operations added to the affected source pursuant to Sec.  63.3082(c); 
or (2) the combined primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations 
(electrodeposition primer considered separately per Sec. Sec.  
63.3091(b) and 63.3092(b)) plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) using the 
procedures in the final rule, which account for the organic HAP 
contents of the materials applied in each month, as well as transfer 
efficiency and overall efficiencies of any capture systems and control 
devices in use. The monthly average emission rate for the combined 
group of operations (either grouping type (1) or grouping type (2) 
above) is calculated and compared to the applicable emission limit. 
Some facilities have multiple paint lines (e.g., a facility with two or 
more totally distinct paint lines, each serving a distinct assembly 
line, or a facility with two or more paint lines sharing the same paint 
kitchen or mix room). The owner or operator may choose to group all of 
the operations from two or more paint lines together, or to make a 
separate grouping of the operations from individual paint lines. These 
options would, for example, allow a facility with two paint lines to 
use a grouping with electrodeposition primer (grouping type (1) above) 
for one paint line and a grouping with electrodeposition primer 
considered separately (grouping type (2) above) for the other paint 
line. They would also, for example, allow a facility with three paint 
lines to use one grouping for two of the paint lines and a separate 
grouping of the same type or of the other type for the third paint 
line. You must average organic HAP contents of other materials used on 
a monthly basis to determine separately those emissions from sealers 
and adhesives (other than glass bonding adhesive), and deadeners.
    Operating limits. If you use an emission capture and control system 
to reduce emissions, the operating limits may apply to you. These 
operating limits are site-specific parameter limits you determine 
during the initial performance test of the system. For capture systems 
that are not capturing emissions from a downdraft spray booth or from a 
flash-off area or bake oven associated with a downdraft spray booth, 
you must identify the parameter(s) to monitor and establish the limits 
and monitoring procedures. For thermal and catalytic oxidizers, you 
must establish temperature limits. For solvent recovery systems, you 
must monitor the outlet concentration or carbon bed temperature and the 
amount of steam or nitrogen used to desorb the bed. All operating 
limits must reflect operation of the capture and control system during 
a performance test that demonstrates achievement of the emission limit 
during representative operating conditions.
    Work practice standards. You must develop and implement a work 
practice plan to minimize organic HAP emissions from the storage, 
mixing, and conveying of coatings, thinners, and cleaning materials 
used in and waste

[[Page 22607]]

materials generated by all coating operations for which emission limits 
are established. The plan must specify practices and procedures to 
ensure that, at a minimum, the following elements are implemented:
     All organic-HAP-containing coatings, thinners, 
cleaning materials, and waste materials must be stored in closed 
containers. The risk of spills of organic-HAP-containing coatings, 
thinners, cleaning materials, and waste materials must be minimized.
     Organic-HAP-containing coatings, thinners, 
cleaning materials, and waste materials must be conveyed from one 
location to another in closed containers or pipes.
     Mixing vessels, other than day tanks equipped 
with continuous agitation systems, which contain organic-HAP-containing 
coatings and other materials must be closed except when adding to, 
removing, or mixing the contents.
     Emissions of organic HAP must be minimized 
during cleaning of storage, mixing, and conveying equipment.
    You must also develop and implement a work practice plan to 
minimize organic HAP emissions from cleaning and from purging of 
equipment associated with all coating operations for which emission 
limits are established. The plan must specify practices and procedures 
to ensure that emissions of HAP from the following operations are 
minimized:
     Vehicle body wiping;
     Coating line purging;
     Flushing of coating systems;
     Cleaning of spray booth grates;
     Cleaning of spray booth walls;
     Cleaning of spray booth equipment;
     Cleaning external spray booth areas; and
     Other housekeeping measures (e.g., keeping 
solvent-laden rags in closed containers.)
    General Provisions. The General Provisions (40 CFR part 63, subpart 
A) also apply to you as outlined in Table 2 of the final rule. The 
General Provisions codify certain procedures and criteria for all 40 
CFR part 63 NESHAP. The General Provisions contain administrative 
procedures, preconstruction review procedures for new sources, and 
procedures for conducting compliance-related activities such as 
notifications, recordkeeping and reporting, performance testing, and 
monitoring. The final rule refers to individual sections of the General 
Provisions to emphasize key sections that you should be aware of. 
However, unless specifically overridden in Table 2 of the final rule, 
all of the applicable General Provisions requirements would 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 26, 2007. New and reconstructed sources must be in 
compliance upon initial startup of the affected source or by June 25, 
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 
monthly organic HAP emission rate.
    Compliance with the emission limits is based on a monthly organic 
HAP emission rate. The initial compliance period, therefore, is the 1-
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 month. 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 all the requirements of the final rule to achieve 
the emission limit(s) and operating limits by the end of the initial 
compliance period, and that the facility is operated in accordance with 
the approved work practice plans. At the end of the initial compliance 
period, the owner or operator must use the data and records generated 
to determine whether or not the affected source is in compliance for 
that period. If it does not meet the applicable limit(s), then it is 
out of compliance for the entire initial compliance period.
    Emission limits. Compliance with the emission limit for combined 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive plus all coatings and 
thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c), or the emission limit for combined primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
plus all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec.  63.3082(c) is based on mass organic HAP emissions per 
volume of applied coating solids as calculated monthly using the 
procedures in the final rule. Compliance with the emission limits for 
adhesives and sealers (other than glass bonding adhesive) and deadener 
is based on mass average organic HAP content of materials used each 
month.
    Electrodeposition primer, primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive plus all coatings and 
thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c). Compliance with this emission limit, or if eligible, with 
the emission limit for combined primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive plus all coatings and 
thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c), is based on calculations detailed in the final rule. You 
may also use the guidelines presented in the ``Protocol for Determining 
the Daily Volatile Organic Compound Emission Rate of Automobile and 
Light-Duty Truck Topcoat Operations'' (EPA-450/3-88-018) (Auto 
Protocol).
    To determine the organic HAP content, the volume solids, and the 
density of the coatings and thinners, you may rely on manufacturer's 
data, results from the test methods listed below, or alternative test 
methods for which you get EPA approval on a case-by-case basis 
according to the NESHAP General Provisions in 40 CFR 63.7(f). However, 
if there is any inconsistency between the test results and 
manufacturer's data, the test results will prevail for compliance and 
enforcement purposes unless after consultation, you demonstrate to the 
satisfaction of the enforcement authority that the manufacturer's data 
are correct.
     For organic HAP content, use Method 311 of 40 
CFR part 63, appendix A.
     You may use nonaqueous volatile matter as a 
surrogate for organic HAP. If you choose this option, then use Method 
24 of 40 CFR part 60, appendix A.
     For volume fraction of coating solids, use 
either ASTM Method D2697-86 (1998) or ASTM Method D6093-97.
     For density, use ASTM Method D1475-98 or 
information from the

[[Page 22608]]

supplier or manufacturer of the material.
    For each emission capture and control system that you use, you 
must:
     Conduct an initial performance test to determine 
the overall control efficiency of the equipment (described below) and 
to establish operating limits to be achieved on a continuous basis 
(also described below). The performance test must be completed no later 
than the compliance date. You also must schedule it in time to obtain 
the results for use in completing your initial compliance determination 
for the initial compliance period.
    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 (either a previous stack test or a previous panel test) or 
control device. You are not required to conduct an initial test to 
determine transfer efficiency if you receive approval to use the 
results of a test that has been previously conducted.
    The overall control efficiency for a capture and control system 
must be demonstrated based on emission capture and reduction 
efficiency. To determine the capture efficiency, you must either verify 
the presence of a permanent total enclosure using EPA Method 204 of 40 
CFR part 51; measure the capture efficiency using either EPA Method 
204A through F of 40 CFR part 51 or appendix A of 40 CFR part 63, 
subpart KK; or use the panel test procedures in ASTM Method D5087-91 
(1994), ASTM Method D6266-00a, or the guidelines presented in the Auto 
Protocol as described in Sec.  63.3165(e) and (g), and appendix A of 
the final rule. If you have a permanent total enclosure and you route 
all exhaust gases from the enclosure to a control device, then you may 
assume 100 percent capture. For panel testing, the coatings used may be 
grouped based on similar appearance characteristics (e.g., solid color 
or metallic), processing sequences, and dry film thicknesses. One 
coating from each group can be tested to represent all of the coatings 
in that group.
    To determine the emission reduction efficiency of the control 
device, you must 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, 
may be used.
    You are required to determine the transfer efficiency for primer-
surfacer and topcoat materials and for all coatings, except for 
deadener and for adhesive and sealer that are not components of glass 
bonding systems, used in coating operations added to the affected 
source pursuant to Sec.  63.3082(c) using ASTM Method D5066-91 (2001) 
or the guidelines presented in the Auto Protocol. Transfer efficiency 
testing may be performed for representative coatings and representative 
spray booths as described in the Auto Protocol, rather than for every 
coating and every spray booth. For example, one basecoat may be tested 
from a group of basecoats that are applied or processed in the same 
manner and the test result may be used for all of the coatings in the 
group and one spray booth may be tested from a group of identical 
parallel spray booths. Typical basecoat groupings are metallic colors 
and non-metallic colors. You may assume 100 percent transfer efficiency 
for electrodeposition primer coatings, glass bonding primers, and glass 
bonding adhesives. For final repair coatings, you may assume 40 percent 
transfer efficiency for air atomized spray and 55 percent transfer 
efficiency for electrostatic spray and high volume, low pressure spray.
    The monthly emission rate, in terms of mass of organic HAP emitted 
per volume of coating solids deposited, is determined in accordance 
with the procedures in the final rule. These procedures incorporate the 
volume, organic HAP content, and volume solids content of each coating 
applied, as well as the transfer efficiency for the coatings and spray 
equipment used, and the overall control efficiency for controlled 
booths or bake ovens and other controlled emission points.
    Adhesives and sealers, and deadener. Compliance with emissions 
limits for adhesives and sealers (other than windshield materials) is 
based on the monthly mass average organic HAP content of all materials 
of this type used during the compliance period. Compliance with 
emission limits for deadener is based on the monthly mass average 
organic HAP content of all materials of this type used during the 
compliance period.
    Operating limits. As mentioned above, you must establish the 
required operating limits during the initial performance test of an 
emission capture and control system. The operating limit is defined as 
the minimum or maximum (as applicable) value achieved for a control 
device or process parameter during the most recent performance test 
that demonstrated compliance with the emission limit.
    The final rule specifies the parameters to monitor for the types of 
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.  63.3168 of the final rule. If you use control 
devices other than those identified in the final rule, you must submit 
the operating parameters to be monitored to the Administrator for 
approval. The authority to approve the parameters to be monitored is 
retained by EPA and is not delegated to States.
    If you use a thermal or catalytic oxidizer, you must continuously 
monitor temperature and record it at evenly spaced intervals 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 for thermal oxidizers is the average temperature, based on all 
valid data, measured during the performance test. For each 3-hour 
period thereafter, the average temperature must be at or above this 
limit. As an alternative, if the latest operating permit issued before 
April 26, 2007 for the thermal oxidizer at your facility contains 
recordkeeping and reporting requirements for the combustion temperature 
that are consistent with the requirements for thermal oxidizers in 40 
CFR 60.395(c), then you may set the minimum operating limit for the 
combustion temperature for each such thermal oxidizer at your affected 
source at 28 degrees Celsius (50 degrees Fahrenheit) below the average 
combustion temperature during the performance test of that thermal 
oxidizer. If you do not have an operating permit for the thermal 
oxidizer at your facility and the latest construction permit issued 
before April 26, 2007 for the thermal oxidizer at your facility 
contains recordkeeping and reporting requirements for the

[[Page 22609]]

combustion temperature that are consistent with the requirements for 
thermal oxidizers in 40 CFR 60.395(c), then you may set the minimum 
operating limit for the combustion temperature for each such thermal 
oxidizer at your affected source at 28 degrees Celsius (50 degrees 
Fahrenheit) below the average combustion temperature during the 
performance test of that thermal oxidizer. If you use this as the 
minimum operating limit for a thermal oxidizer, then you must keep the 
combustion temperature set point on that thermal oxidizer no lower than 
14 degrees Celsius (25 degrees Fahrenheit) below the lower of that set 
point during the performance test for that thermal oxidizer and the 
average combustion temperature maintained during the performance test 
for that thermal oxidizer.
    For catalytic oxidizers, temperature monitors are placed 
immediately before and after the catalyst bed. The operating limits for 
catalytic oxidizers are the average temperature just before the 
catalyst bed maintained during the performance test and 80 percent of 
the average temperature difference across the catalyst bed maintained 
during the performance test, except during periods of low production 
the latter minimum operating limit is to maintain a positive 
temperature gradient across the catalyst bed. A low production period 
is when production is less than 80 percent of production rate during 
the performance test. As an alternative, if the latest operating permit 
issued before April 26, 2007 for the catalytic oxidizer at your 
facility contains recordkeeping and reporting requirements for the 
temperature before the catalyst bed that are consistent with the 
requirements for catalytic oxidizers in 40 CFR 60.395(c), then you may 
set the minimum operating limit for the temperature just before the 
catalyst bed for each such catalytic oxidizer at your affected source 
at 28 degrees Celsius (50 degrees Fahrenheit) below the average 
temperature just before the catalyst bed during the performance test of 
that catalytic oxidizer. If you do not have an operating permit for the 
catalytic oxidizer at your facility and the latest construction permit 
issued before April 26, 2007 for the catalytic oxidizer at your 
facility contains recordkeeping and reporting requirements for the 
temperature before the catalyst bed that are consistent with the 
requirements for catalytic oxidizers in 40 CFR 60.395(c), then you may 
set the minimum operating limit for the temperature just before the 
catalyst bed for each such catalytic oxidizer at your affected source 
at 28 degrees Celsius (50 degrees Fahrenheit) below the average 
temperature just before the catalyst bed during the performance test of 
that catalytic oxidizer. If you use this as the minimum operating limit 
for the temperature just before the catalyst bed for a catalytic 
oxidizer, then you must keep the set point for the temperature just 
before the catalyst bed for that catalytic oxidizer no lower than 14 
degrees Celsius (25 degrees Fahrenheit) below the lower of that set 
point during the performance test for that catalytic oxidizer and the 
average temperature just before the catalyst bed maintained during the 
performance test for that catalytic oxidizer. Also, as an alternative 
for catalytic oxidizers, you may monitor the temperature immediately 
before the catalyst bed and develop and implement an inspection and 
maintenance plan.
    If you use a solvent recovery system, then you must either: (1) 
Continuously monitor the outlet concentration of organic compounds, and 
the operating limit is the average organic compound outlet 
concentration during the performance test (for each 3-hour period, the 
average concentration would have to be below this limit); or (2) 
monitor the carbon bed temperature after each regeneration and the 
total amount of steam or nitrogen used to desorb the bed for each 
regeneration, in which case the operating limits would be the carbon 
bed temperature (not to be exceeded) and the amount of steam or 
nitrogen used for desorption (to be met as a minimum).
    If you use a capture system that is not part of a PTE that meets 
the criteria of 40 CFR 63.3165(a) and is not capturing emissions from a 
downdraft spray booth or from a flash-off area or bake oven associated 
with a downdraft spray booth to meet the final standards, you must meet 
operating limits for each capture device in that capture system. If the 
emission capture system is a permanent total enclosure, you are 
required to establish that the direction of flow is into the enclosure 
at all times. In addition, you must meet an operating limit of either 
an average facial velocity of at least 3,600 meters per hour (200 feet 
per minute) through all natural draft openings in the enclosure, or a 
minimum pressure drop across the enclosure of at least 0.18 millimeter 
water (0.007 inch water), as established by Method 204 of appendix M to 
40 CFR part 51.
    If the emission capture system is not a permanent total enclosure, 
you must establish either the average volumetric flow rate or the duct 
static pressure in each duct between the capture device and the add-on 
control device inlet during the performance test. Either the average 
volumetric flow rate must be maintained above the operating limit for 
each 3-hour period or the average duct static pressure must be 
maintained above the operating limit for each 3-hour period.
    Work practice standards. You must develop and implement two site-
specific work practice plans. One plan must address practices to 
minimize organic HAP emissions from storage, mixing, and conveying of 
coatings, thinners, and cleaning materials used in operations for which 
emission limits are established, as well as the waste materials 
generated from these operations. A second site-specific work practice 
plan must address practices to minimize emissions from cleaning 
operations and purging of coating equipment.
    The plans must address specific types of potential organic HAP 
emission points and are subject to approval of the Administrator. 
Deviations from approved work practice plans must be reported 
semiannually.

F. What Are the Continuous Compliance Provisions?

    Emission limits. Continuous compliance with the emission limit for 
combined electrodeposition primer, primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive plus all 
coatings and thinners, except for deadener materials and for adhesive 
and sealer materials that are not components of glass bonding systems, 
used in coating operations added to the affected source pursuant to 
Sec.  63.3082(c) of the final rule, or if eligible, the emission limit 
for combined primer-surfacer, topcoat, final repair, glass bonding 
primer, and glass bonding adhesive plus all coatings and thinners, 
except for deadener materials and for adhesive and sealer materials 
that are not components of glass bonding systems, used in coating 
operations added to the affected source pursuant to Sec.  63.3082(c), 
is based on monthly calculations following the procedures detailed in 
the final rule. These procedures take into account the amount of each 
coating used, the organic HAP and volume solids content of each coating 
used, the transfer efficiency of each coating application system, and 
the organic HAP abatement from each capture and control system, and 
provide for calculating monthly mass organic HAP emissions per volume 
of coating solids deposited.
    Continuous compliance with the emission limits for adhesives and 
sealers (other than components of the windshield adhesive system), and

[[Page 22610]]

deadener is based on the monthly average mass organic HAP concentration 
of all materials applied in each category.
    Operating limits. If you use an emission capture and control 
system, 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 system is operating outside the 
range of values established during the performance test, then you have 
deviated from the established operating limits.
    If you operate a capture and control system that allows emissions 
to bypass the control device, you must demonstrate that HAP emissions 
from each emission point 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 four monitoring procedures:
    (1) Flow control position indicator to provide a record of whether 
the exhaust stream is directed to the control device;
    (2) Car-seal or lock-and-key valve closures to secure the bypass 
line valve in the closed position when the control device is operating;
    (3) Valve closure continuous monitoring to ensure any bypass line 
valve or damper is closed when the control device is operating; or
    (4) Automatic shutdown system to stop the coating operation when 
flow is diverted from the control device.
    If the continuous control device bypass monitoring shows that the 
control device is bypassed, then you have deviated from the established 
operating limits.
    Operations during startup, shutdown, and malfunction. When using an 
emission capture and control system for compliance, you are required to 
develop and operate according to a startup, shutdown, and malfunction 
plan (SSMP) during periods of startup, shutdown, and malfunction of the 
capture and control system.
    Work practice standards. You are required to operate your facility 
in accordance with your approved site-specific work practice plans at 
all times.

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 April 26, 2005. For new and reconstructed sources, you must send 
the notification within 120 days after the date of initial startup or 
October 25, 2004, 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. If you 
have already submitted a notification in accordance with section 112(j) 
of the CAA, you are not required to submit another initial notification 
except to identify and describe all additions to the affected source 
made pursuant to Sec.  63.3082(c) of the final rule.
    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 the effective date 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 60 days after the end of the initial 
compliance period. In the notification, you must certify whether the 
affected source has complied with the final standards; summarize the 
data and calculations supporting the compliance demonstration; describe 
how you will determine continuous compliance; and for capture and 
control systems for which you conduct performance tests, provide the 
results of the tests. Your notification must also include the measured 
range of each monitored parameter and the operating limits established 
during the performance test, and information showing whether you have 
achieved your operating limits during the initial compliance period.
    Recordkeeping Requirements. 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 is a 
deviation that is separate from any emission limit, operating limit, or 
work practice requirement. You are required to 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; 
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.
    You are required to keep the following records:
     A current copy of information provided by 
materials suppliers such as manufacturer's formulation data or test 
data used to determine organic HAP or VOC content, solids content, and 
quantity of the coatings and thinners applied.
     All documentation supporting initial 
notifications and notifications of compliance status. This includes a 
record of all raw data, protocol input data, algorithms, and 
intermediate calculations. If calculations are computerized, data, 
calculations, and intermediate and final results must also be 
maintained in electronic form.
     The occurrence and duration of each startup, 
shutdown, or malfunction of the emission capture and control system.
     All maintenance performed on the emission 
capture and control system.
     Actions taken during startup, shutdown, and 
malfunction that are different from the procedures specified in your 
SSMP.
     All information necessary to demonstrate 
conformance with your SSMP when the plan procedures are followed.
     Each period during which a CPMS is 
malfunctioning or inoperative (including out-of-control periods).
     All required measurements needed to demonstrate 
compliance with the standards.
     All results of performance tests.

[[Page 22611]]

     Data and documentation used to determine and 
capture system efficiency or to support a determination that the system 
is a permanent total enclosure.
     Required work practice plans and documentation 
to support compliance with the provisions of these plans.
    Deviations, as determined from these records, must be recorded and 
also reported. A deviation is any instance when any requirement or 
obligation established by the final rule including, but not limited to, 
the emission limits, operating limits, and work practice standards, is 
not met.
    If you use a capture system and control device to reduce organic 
HAP emissions, you must make your SSMP available for inspection if the 
Administrator requests to see it. The plan must stay in your records 
for the life of your 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.
    Periodic Reports. Each reporting year is divided into two 
semiannual reporting periods. If no deviations occur during a 
semiannual reporting period, you must submit a semiannual report 
stating that the affected source has been in continuous compliance. If 
deviations occur, you must include them in the report as follows:
     Report each deviation from the emission limit.
     Report each deviation from the work practice 
plan.
     If you are complying by using a thermal 
oxidizer, report all times when a 3-hour average temperature is below 
the operating limit.
     If you are complying by using a catalytic 
oxidizer, report all times when a 3-hour average temperature increase 
across the catalyst bed is below the operating limit.
     If you are complying by using oxidizers or 
solvent recovery systems, report all times when the value of the site-
specific operating parameter used to monitor the capture system 
performance was greater than or less than (as appropriate) the 
operating limit established for the capture system.
     Report other specific information on the periods 
of time the deviations occurred.
    You must also send us explanations in each semiannual report if a 
change occurs that might affect your compliance status.
    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 provided an option permitting facilities subject to the 
final rule to include collocated operations involved in surface coating 
of parts for automobiles and light-duty trucks that would not otherwise 
be subject to the rule. Surface coating of these non-body parts, such 
as bumpers, fascias, and brackets at a time when they are not attached 
to (or otherwise simultaneously coated with) a new automobile or light-
duty truck body or body parts would otherwise be subject to the Surface 
Coating of Miscellaneous Metal Parts and Products NESHAP, 40 CFR part 
63, subpart MMMM, and/or the Surface Coating of Plastic Parts and 
Products NESHAP, 40 CFR part 63, subpart PPPP. Facilities opting to 
include operations of this type are responsible for obtaining all of 
the information necessary to determine compliance with the provisions 
of the final rule. Cleaning and purging operations associated with 
optionally included collocated surface coating operations would also be 
covered by the final rule. Collocated operations involved in surface 
coating of parts that are not related to automobiles and light-duty 
trucks may not be included, and continue to be regulated under the 
Surface Coating of Miscellaneous Metal Parts and Products NESHAP, 40 
CFR part 63, subpart MMMM, and/or the Surface Coating of Plastic Parts 
and Products NESHAP, 40 CFR part 63, subpart PPPP. We are also amending 
subparts MMMM and PPPP to clarify the interaction between these rules 
and the surface coating automobiles and light-duty trucks rule. We were 
unable to include these changes in subparts MMMM and PPPP until the 
final rule was published since the changes to subparts MMMM and PPPP 
reference the final rule.
    The final rule excludes ``travel waxes'' and other temporary 
coatings designed to be removed before vehicles are sold, as well as 
materials applied from touchup bottles.

B. Compliance Demonstration and Monitoring

    As an alternative to the temperature monitoring provisions for 
thermal and catalytic oxidizers in the proposed rule, the final rule 
allows certain facilities which have been following the temperature 
monitoring provisions in 40 CFR 60.395(c) to continue to follow those 
provisions and to set the minimum operating limit for each such 
oxidizer at the same level as in 40 CFR 60.395(c).
    The proposed rule used the average temperature rise across the 
catalyst during the performance test as one of the minimum operating 
limits for catalytic oxidizers. The final rule uses 80 percent of the 
average temperature rise across the catalyst during the performance 
test as one of the minimum operating limits for catalytic oxidizers, 
except during periods of low production this minimum operating limit is 
to maintain a positive temperature gradient across the catalyst bed.
    The proposed rule contained operating parameter requirements for 
all capture systems. The final rule states that such monitoring is not 
required for downdraft spray booths or for flash-off areas or bake 
ovens associated with downdraft spray booths.
    The proposed rule stated that if your add-on control system 
deviates from the operating limit specified in Table 1 to subpart IV 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 Administrator.
    The proposed rule provided the option of using panel testing to 
determine bake oven capture efficiency. The final rule maintains this 
option and provides more detail on the calculations necessary to 
convert the results of such panel tests into the format needed for the 
final rule. The final rule also provides an option of using panel tests 
to determine spray booth capture efficiency.

C. Analytical Methods

    The specification of analytical procedures to be employed in 
compliance demonstration is unchanged. A provision has been added to 
the final rule providing, in the event of a disagreement between the 
specified methods and the facility's data, an opportunity for the 
facility to consult with the enforcement authority and demonstrate to 
the satisfaction of the enforcement authority that formulation data or 
data obtained by other means are correct.

[[Page 22612]]

D. Notifications and Recordkeeping

    In the final rule, we have provided that facilities that have 
previously submitted initial notifications under section 112(j) of the 
CAA are not required to submit the initial notifications otherwise 
required by this subpart except to identify and describe all additions 
to the affected source made pursuant to Sec.  63.3082(c) of the final 
rule. In addition, we have extended the deadline for submission of 
compliance status from 30 days to 60 days following the end of the 
initial compliance period to allow additional time for data reduction 
and calculations.
    The final rule provides that you must maintain a record of the 
calculations used to demonstrate compliance with the ``Combined 
Electrodeposition Primer, Primer-Surfacer, Topcoat, Inline and Final 
Repair, Glass Bonding Primer, and Glass Bonding Adhesive Emission 
Rates'' or ``Combined Primer-Surfacer, Topcoat, Inline and Final 
Repair, Glass Bonding Primer, and Glass Bonding Adhesive Emission 
Rates.'' This record must include all raw data, algorithms, and 
intermediate calculations. If the guidelines presented in the Auto 
Protocol are used, you must keep records of all data input to this Auto 
Protocol. If these data are maintained as electronic files, the 
electronic files, as well as any paper copies must be maintained. These 
data must be provided to the permitting authority on request on paper, 
and in (if calculations are done electronically) electronic form.

E. Definitions

    We have added definitions of bake oven air seal, body part, 
containers, paint line, sealers, spray booth air seal, and touchup 
bottles to the final rule. We have revised the definitions of 
deviation, final repair, in-line repair, and paint shop in the final 
rule.

IV. What Are the Responses to Significant Comments?

    For the full set of comment summaries and responses, refer to the 
Response to Comment document which contains EPA's responses to each 
public comment and is available in Docket ID No. OAR-2002-0093 and 
Docket ID No. A-2001-22.

A. Applicability

    Comment: A commenter was concerned that complying with the final 
rule by means of add-on control and equipment changes would trigger 
other regulatory requirements (new source review (NSR), prevention of 
significant deterioration (PSD), or NSPS) and requested a ``safe 
harbor'' be included in the final rule.
    Response: We are not including in the final rule an exemption from 
NSR, PSD, and NSPS for those coating operations that are modified or 
upgraded in order to comply with the final rule. It would be 
inappropriate to include language in a NESHAP that could affect the 
applicability of these other programs since these are better handled on 
a case-by-case basis by the States and Regions implementing these other 
rules.
    We do not expect compliance with the final rule to require changes 
to existing coating operations that would trigger major NSR or PSD 
permitting requirements. The steps taken to reduce organic HAP 
emissions to comply with the final rule are not expected to result in 
increased VOC emissions. Facilities that install oxidizers to reduce 
organic HAP may have a concurrent increase in nitrogen oxide emissions. 
We expect such facilities will be eligible for the pollution control 
project exclusion in the NSR regulations (67 FR 80186) since 
regenerative thermal oxidzers, thermal oxidizers, and catalytic 
oxidizers are presumed to be environmentally beneficial under the 
pollution control project exclusion. In addition, in order for the 
pollution control project exclusion to apply, the emissions increases 
from the project must not cause or contribute to a violation of any 
national ambient air quality standard or PSD increment, or adversely 
impact an air quality related value (such as visibility) that has been 
identified for a Federal Class I area by a Federal Land Manager and for 
which information is available to the general public.
    Most, if not all, of the current automobile and light-duty truck 
surface coating facilities are already subject to the NSPS for 
automobile and light-duty truck surface coating. If there are any 
current facilities not already subject to the NSPS, we do not expect 
that the NSPS would be triggered by the changes necessary to comply 
with the final rule. The steps taken to reduce organic HAP emissions to 
comply with the final rule are not expected to result in increased VOC 
emissions. Increases in nitrogen oxide emissions resulting from the 
installation of oxidizers would not trigger the NSPS because nitrogen 
oxides are not a regulated pollutant under the NSPS.
    Comment: A commenter recommended a broadening of the applicability 
of the proposed rule to allow those coating operations for metal and 
plastic parts conducted at facilities subject to the final rule to be 
considered part of the automobile and light-duty truck surface coating 
rule. This approach would provide affected sources with the greatest 
degree of flexibility for future changes in vehicle coating processes, 
e.g., coating doors separately on another line rather than coating 
automobiles and light-duty trucks with the doors attached to the frame. 
This approach would also significantly reduce reporting, recordkeeping, 
and monitoring requirements, while assuring significant emissions 
reductions.
    Response: We agree that providing this flexibility to operators of 
automobile assembly plants may reduce the burden associated with 
complying with multiple rules without increasing HAP emissions. 
Allowing the specified collocated coatings operations to be included 
under the final rule may simplify the tracking of coatings inventory 
and reduce the reporting and recordkeeping requirements associated with 
complying with multiple rules. The final rule provides operators of 
automobile assembly plants the option to include all collocated plastic 
and metal parts coating operations related to automobiles and light-
duty trucks under the rule. This includes coating of replacement parts 
for attachment outside the facility, and coating of non-body parts 
(such as fascia cladding, brackets, fuel tanks, and radiators) for 
automobiles or light-duty trucks. Off-line coating of body parts, such 
as doors, for attachment to automobiles and light-duty trucks coated at 
the facility remain (as proposed) in the affected source under the 
final rule. Operators choosing to include such operations are required 
to obtain the necessary information (including transfer efficiency and 
capture efficiency) to demonstrate compliance. Coating of non-
automotive parts, vehicles other than automobiles and light-duty trucks 
(such as motorcycles, all-terrain vehicles, or watercraft), or parts 
for such vehicles, may not be included. We are also amending 40 CFR 
part 63, subparts MMMM and PPPP, to clarify the interaction between 
those rules and the surface coating for automobiles and light-duty 
trucks final rule.
    Comment: A commenter noted that the definition of the term 
``coating'' excludes certain decorative, protective, or functional 
coatings that consist only of protective oils. The commenter stated 
that automobile and light-duty truck assembly plants also apply several 
different types of temporary coatings, e.g., travel wax and blackout 
coatings. These coatings serve a cosmetic purpose and are not designed 
to remain on the vehicle for a long time. The commenter stated that 
these ``cosmetic coatings'' should not be included in the definition of 
coating for the purposes of the MACT

[[Page 22613]]

standards given their temporary nature and the fact that emissions from 
these coatings are minimal.
    Response: We agree that temporary coatings are applied differently 
and serve a different function than the coatings intended to be 
regulated. In addition, the data collected and used in the 
determination of MACT, did not include temporary coatings. The 
definition of coating operation has been written to exclude the 
application of temporary materials such as protective oils and ``travel 
waxes'' that are designed to be removed from the vehicle before the 
vehicle is delivered to the retail purchaser.
    Comment: A commenter recommended a minimum threshold cutoff for 
purposes of applicability of the final rule and suggested that EPA 
provide an exemption of 250 gal per year, similar to the usage cutoffs 
in other MACT standards.
    Response: The commenter did not provide any data to support the 
inclusion of this type of exemption in the final rule. The MACT 
determination took into account emissions and solids from ``special 
colors.'' These materials are not exempt from the NSPS, and reporting 
systems to account for them are presently in place at most, if not all, 
assembly plants. The definition of coating operation in the final rule 
has been revised to exclude ``touchup bottles,'' which will exempt some 
materials used in very small quantities.
    Comment: Approximately ten automobile and light-duty truck 
facilities have received permits with case-by-case MACT determinations 
under 40 CFR 63.40 and section 112(g) of the CAA. One commenter 
questioned whether the final NESHAP would apply to such facilities or 
if these facilities will continue to be subject to limits established 
in their permits under section 112(g). Another commenter stated that 
the section 112(g) permit requirements are more stringent than the 
proposed MACT limits for existing sources. This commenter suggested 
that EPA state in the final rule that the section 112(g) permits are 
equivalent to the MACT limits for existing sources and provide these 
facilities with the choice of keeping their section 112(g) permits or 
having 8 years to comply with the MACT limits for existing sources.
    Response: Based upon the process used for making section 112(g) 
determinations and a brief review of some of the section 112(g) 
determinations made for facilities in this industry, we expect that the 
result of a thorough review would be that most or all of the section 
112(g) determinations made for facilities in this industry are 
equivalent to MACT. These reviews and equivalency determinations are 
best done on a case-by-case basis by the permitting authority.
    In accordance with 40 CFR 63.44(c), if the level of control 
required by the emission standard issued under section 112(d) is less 
stringent than the level of control required by a prior case-by-case 
section 112(g) MACT determination pursuant to 40 CFR 63.43, the 
permitting authority is not required to incorporate any less stringent 
terms of the promulgated standard in the title V operating permit 
applicable to the facility. In such a case, the permitting authority 
may choose to have the section 112(g) MACT determination remain in 
effect. Alternatively, the permitting authority may choose to have the 
NESHAP come into effect for the facility in place of the section 112(g) 
MACT determination. In this case, the facility may be given up to 8 
years from the promulgation date of the NESHAP to comply with the 
NESHAP. The changes in equipment, materials, monitoring, recordkeeping, 
and reporting necessary to demonstrate compliance with the NESHAP 
rather than with the section 112(g) determination and the fact that the 
NESHAP are less stringent than the section 112(g) determination should 
be taken into account in determining how much time the facility is 
given to comply with the NESHAP.
    In the less likely event that the level of control required by the 
emission standard issued under section 112(d) is not found to be less 
stringent than the level of control required by a prior case-by-case 
section 112(g) MACT determination, then the facility must comply with 
the NESHAP. In this case, the facility may be given up to 8 years from 
the promulgation date of the NESHAP to comply with the NESHAP. The 
changes in equipment, materials, monitoring, recordkeeping, and 
reporting necessary to demonstrate compliance with the NESHAP rather 
than with the section 112(g) determination and the fact that the NESHAP 
are not less stringent than the section 112(g) determination should be 
taken into account in determining how much time the facility is given 
to comply with the NESHAP.
    As an alternative, if the level of control required by the emission 
standard issued under section 112(d) is not found to be less stringent 
than the level of control required by a prior case-by-case section 
112(g) MACT determination and the difference in stringency is small, 
then the permitting authority could amend the facility's operating 
permit to make it equivalent to the NESHAP and have the section 112(g) 
MACT determination remain in effect. This approach may be less 
burdensome on both the facility and the permitting authority than 
having the NESHAP come into effect for the facility while achieving the 
same environmental results.

B. Compliance Demonstration, Monitoring, and Emission Limits

    Comment: The commenter stated that the CAA, EPA rules, and EPA 
policy all authorize adoption of a Compliance Assurance Monitoring 
(CAM) protocol as MACT monitoring for coating sources at automobile and 
light-duty truck surface coating facilities. The commenter noted that 
the proposed rule allows the use of the CAM protocol as an option for 
compliance with certain aspects of the rule, but not for others, such 
as control equipment effectiveness and monitoring. The commenter stated 
that it is critical that the compliance provisions for the separate 
coating MACT standards that are applicable be harmonized, not only with 
each other, but also with the other coating standards that apply under 
State Implementation Plan requirements (including reasonably available 
control technology and best available control technology/lowest 
achievable emission rate).
    Response: The proposed rule referred to the Auto Protocol as an 
option for compliance demonstration. This Auto Protocol does not 
include CAM provisions and does not include any guidance for control 
device efficiency monitoring. A CAM guidance document for automobile 
and light-duty truck coating is under development, but has not been 
completed. As described earlier in this preamble, we have provided an 
option for certain facilities to continue using the thermal and 
catalytic oxidizer temperature monitoring operating limits in 40 CFR 
60.395(c). We have also removed the operating parameter requirements 
for capture systems which capture emissions from downdraft spray booths 
or from flash-off areas or bake ovens associated with downdraft spray 
booths.
    Comment: The commenter stated that, for the performance tests 
required in proposed Sec.  63.3160(a) and (b), EPA should allow prior 
performance tests, e.g., transfer efficiency, removal efficiency, 
capture efficiency, destruction efficiency, oven solvent loading, to 
satisfy the performance tests required by the standards. Since EPA has 
agreed that HAP emitted from these operations behave in the same way as 
VOC, there is no reason for redundant

[[Page 22614]]

testing. The commenter recommended that the scope and frequency of 
testing for transfer efficiency, oven solvent loading, and spraybooth 
capture efficiency be determined by the Auto Protocol.
    According to the Auto Protocol, retesting of transfer efficiency is 
required if there are significant product, processing, material, or 
application equipment changes. Where parallel spraybooths are used, 
testing is required for only one booth. Oven solvent loading is 
determined with an initial compliance test followed by annual review of 
system operating conditions. The most recent test result remains valid 
as long as no significant changes have occurred in the coating 
technology or processing. The commenter feels that annual variations in 
color pallette or routine solvent blend adjustments are not significant 
changes, and that a similar trigger should apply for spraybooth capture 
efficiency testing. The affected source would maintain records 
documenting the annual reevaluation and the basis for the decision on 
whether retesting was required.
    Response: We agree that the most recent test data can be used to 
demonstrate compliance and to establish the operating limits required 
by the final rule, provided that (1) the test was conducted using the 
same methods and conditions specified in this subpart, (2) no equipment 
changes have been made since the previous test (or you can demonstrate 
the results are reliable despite the changes), and (3) the required 
operating parameters were determined or sufficient data were collected 
to establish them. The Auto Protocol includes guidance for scope and 
frequency of testing for transfer efficiency and oven solvent loading 
panel testing.
    Comment: The commenter noted that proposed Sec.  63.3161(j), 
covering the calculation of HAP emissions reduction for controlled 
coating operations not using a liquid-liquid material balance, assumes 
zero efficiency for the emission capture system and add-on control 
device for periods of operating parameter or bypass line deviations, 
including startup, shutdown, or malfunction. The commenter claims that 
this approach is unrealistic and unduly penalizes facilities that may 
have a minor parameter reporting problem, e.g., an automatic 
temperature readout malfunction. The commenter requested that Sec.  
63.3161 be written so that there is a generic way to calculate a 
facility's destruction credit when a deviation has occurred. The 
commenter suggested that facilities have the option to calculate an 
appropriate destruction credit for the hours of the excursion based on 
other available information.
    Response: If a source has manually collected parameter data 
indicating that an emission capture system or control device was 
operating normally during a parameter monitoring system malfunction, 
these data could be used to support and document that the source was 
achieving the same overall control efficiency and the source would not 
have to assume zero-percent efficiency. If a source has data indicating 
the actual performance of an add-on emission capture system and control 
device (e.g., percent capture measured at a reduced flow rate or 
percent destruction efficiency measured at reduced thermal oxidizer 
temperatures) during a deviation from operating limits or during a 
malfunction of the monitoring system, then the source may use the 
actual performance in determining compliance, provided the use of these 
data are approved by the Administrator. The final rule has been written 
to clarify that such data may be used rather than assuming that the 
efficiency is zero.
    Comment: A commenter asserted that establishing a MACT floor (and 
monthly emission limits) based on the highest monthly average emission 
rates at the best (as determined on an annual basis) performing 
facilities would result in higher annual HAP emissions than the annual 
average emissions of the best performing plants. The commenter cited as 
an example the proposed MACT floor (and monthly emission limit) for the 
combined electrodeposition primer, primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive application 
operations of 0.60 lbs/gal of applied coating solids, which the 
commenter asserted is substantially higher (reflective of a less 
stringent limit) than the annual average of the eight lowest emitting 
plants (0.48 lbs/gal of applied coating solids).
    The commenter asserted that the same deficiencies affect EPA's 
proposed MACT floor for new and reconstructed sources, and noted that 
EPA used the peak monthly emissions of the lowest annual emitting 
source to establish a monthly average that is well above the actual 
annual emission level of the lowest emitting source. The commenter 
urged EPA to establish a MACT floor for new and existing sources that 
has both monthly and annual emission limits.
    Response: The automobiles and light-duty trucks coated at each 
facility are coated in a variety of colors. This color variety is 
present not only among the topcoats, but also among the primer-
surfacers. The make-up and content of each color varies. Each color, 
for example, has its own unique organic HAP content, VOC content, and 
volume solids content. The coating application system, and therefore 
transfer efficiency, may also vary among the families of coatings 
(e.g., solid color basecoats and metallic color basecoats) used at a 
facility. The specific color mix produced varies from month-to-month. 
As a result of this variation in color mix, the organic HAP emission 
rate at a facility also varies from month-to-month.
    We had monthly emission data upon which to base the standards. A 
monthly emission limit is appropriate and has been promulgated. 
Establishing a monthly emission limit based on annual emission rates 
would result in the best performing plants being out of compliance 
approximately 6 months per year. Such an emission limit would not 
appropriately account for monthly variation in color mix. The final 
standards reflect what is consistently achievable considering the 
typical variation in demand for particular colors of vehicles. Having 
both a monthly and an annual emission limit would be redundant and 
burdensome (on both facilities and enforcement agencies), and would not 
lead to additional emissions reductions. Actual annual emission rates 
associated with consistent achievement of the final monthly standards 
will be substantially lower than the monthly emission limits. 
Establishing a standard of 0.48 lb/gal of applied coating solids and 
requiring it to be met on an annual basis would not result in lower 
emissions than a standard of 0.60 lb/gal of applied coating solids 
which must be met each and every month.
    Comment: A commenter noted the proposed NESHAP set limits of 0.01 
lb of HAP per lb of material used for adhesive and sealer application 
and 0.01 lb of HAP per lb of material used for deadener. Based on the 
review of three permits, the commenter has determined the CAA section 
112(g) value for adhesives and sealer application and the deadener 
operations is that none of the materials used shall contain any 
volatile HAP as defined by the suppliers' material safety data sheets 
(MSDS). It does not appear to the commenter that these facilities were 
included in the floor analysis.
    The commenter encouraged EPA to ensure that these facilities were 
included in the database if they were operating 18 months prior to the 
proposal and they were operating during the base year for the floor 
database.
    Response: The base year of the database used to determine the MACT

[[Page 22615]]

floors for new and existing sources was 1997. These limits are based, 
in part, on the detection limits (and the precision and accuracy 
achievable at low concentrations) of available approved chemical 
analytical methods. The MSDS typically report concentrations of less 
than 0.01 lb noncarcinogenic HAP per lb material (less than 0.001 lb 
carcinogenic HAP per lb material) as zero, indicating that the limits 
suggested by the commenter are equivalent to those of the final rule. 
The final rule provides that Method 311 is presumed (subject to 
rebuttal) to take precedence over MSDS or other formulation data. 
Facilities may be unable to reliably demonstrate that coatings contain 
``no volatile HAP'' by this method.
    Comment: A commenter stated that regulations under section 112 of 
the CAA must include emission standards for each HAP that a category 
emits and that the proposed regulations failed to comply with that 
mandate. The commenter stated that even though the EPA states that 
automobile coating sources emit many different HAP, including metals 
such as lead, manganese, and chromium compounds, the Agency has 
proposed standards for only organic HAP.
    Response: Most of the coatings used in this subcategory do not 
contain inorganic HAP. The only use of lead in coatings in this source 
category is in electrodeposition primers. None of this lead is emitted 
because these primers are applied by dip coating. Lead is being phased 
out of electrodeposition primers. For spray applied coatings, most of 
the inorganic HAP components of these coatings remain as solids in the 
dry coating film on the parts being coated, are collected by the 
circulating water under the spray booth floor grates, or are deposited 
on the walls, floor, and grates of the spray booths and other equipment 
in which they are applied. The waterwash systems which are present in 
all primer-surfacer and topcoat spraybooths reduce the amount of 
coating droplets, and thus inorganic HAP, emitted to the air. These 
controls have been in place for many years. Facilities cannot operate 
without these controls. Therefore, inorganic HAP emission levels are 
expected to be very low and have not been quantified. The EPA has no 
basis upon which to establish MACT for inorganic HAP, and the commenter 
has supplied no data in support of an emission limit. Including control 
requirements for waterwash systems in the final rule would not be 
expected to result in additional emission reductions and would only add 
to the regulatory burden on the industry.
    Comment: A commenter claimed that the requirement to document that 
a source is in continuous compliance with work practices is confusing 
and should be modified and streamlined. Continuous documentation of 
compliance with the work practice plan could be difficult, at best, and 
appears to be unnecessary. Under the commenter's recommended language, 
continuous compliance with the work practices would be confirmed by the 
presence of the work practice plan and the documents used to verify 
performance of the work practice activities, (i.e., operational or 
maintenance records, documented inspections or internal audits, third 
party certifications or similar practices).
    Response: Continuous documentation is not required, rather the 
recordkeeping requirements of Sec.  63.3130(n) call for documentation 
that you are implementing the plan on a continuous basis. The records 
cited by the commenter (i.e., operational or maintenance records, 
documented inspections or internal audits) have been added to Sec.  
63.3130(n) of the final rule as examples of documentation that 
demonstrate you are implementing the plan on a continuous basis.
    Comment: A commenter noted that the proposed NESHAP covered fewer 
operations within the source category than the CAA section 112(g) 
determinations completed to date. Additional operations covered by 
section 112(g) determinations include purge and cleanup operations for 
three facilities, foam and maintenance painting for two facilities, and 
sound dampening application. The commenter encouraged EPA to include 
these facilities in the database if they were operating 18 months prior 
to proposal and were operating during the base year for the floor 
database. The commenter feels that purge and cleanup operations, foam, 
and maintenance painting operations should be identified individually 
in the final rule or identified as part of a grouping of operations 
with an overall emission limit.
    Response: While facilities provided extensive data on purge 
material usage to EPA in response to information collection requests 
(ICR), estimates of recovery of these materials were extremely 
variable, with facilities of similar operation estimating very 
different recoveries. These data were not reliable enough to establish 
MACT on a numerical basis. The EPA chose to limit emissions from these 
operations through work practices. Cleaning material usage data were 
also provided, however since (a) emissions from these materials are 
rarely controlled, (b) EPA has no reliable data on the controllability 
of cleaning operations, and (c) cleaning material usage is not well 
correlated with vehicle production, EPA chose to limit emissions from 
these operations through work practices. Foam is injected into body 
panel cavities primarily for sound deadening and is subject to the 
emission limit for deadeners. Industry representatives have indicated 
in recent discussions that, as far as they know there are no HAP 
emissions associated with foam. Deadener application (for sound 
control) is subject to a standard based on the reliably demonstratable 
composition of very low-HAP material. One facility reported the use of 
cavity wax (no HAP content data were available and the facility assumed 
that it resulted in essentially zero HAP emissions). We have excluded 
maintenance coating from the final rule. No data were available upon 
which to base a MACT floor for this operation.
    Comment: A commenter stated that waterwash controls for paint spray 
booths that are designed for particulate control are being evaluated 
for VOC control. The commenter also stated that HAP are typically found 
in large quantities in water-based coatings. With the increased use of 
water-based coatings, and the requirement for site-specific parameter 
limits, facilities may want to use the waterwash control as the primary 
control for HAP. The commenter stated that no EPA test protocol has 
been designed to address field testing of a waterwash control system 
and requested that EPA provide industry and the regulatory agencies 
with either an approved testing protocol or a technical guidance 
document.
    The commenter also stated that if this will be addressed as an 
``alternate test method,'' it should be explicitly stated in the final 
rule and asked what parameter limits EPA envisions for a facility to 
monitor HAP removed by waterwash systems if capture credit is claimed.
    Response: No facilities are presently using the spray booth 
waterwash as a VOC or organic HAP control device and no specific method 
for testing has been developed. If a facility wanted to use a device of 
this type to control HAP, the same methods in 40 CFR part 60, appendix 
A, presently used for oxidizers and adsorbers might be adapted for this 
purpose. Alternately, the test methods and operating parameter 
monitoring applicable to wet scrubbers or wastewater treatment might be 
adapted for this purpose. A source would be required to obtain approval 
of an alternate test procedure and

[[Page 22616]]

monitoring approach of their choice under the General Provisions, if 
these data were to be used to demonstrate compliance.
    Comment: A commenter stated that in the ``Rationale for Selecting 
the Proposed Standards'' portion of the preamble, EPA stated that five 
formats were considered for the allowable organic HAP emission limits 
from the affected sources. A limit of organic HAP emissions per unit of 
surface area was rejected based on the inconsistent basis of the 
surface area coated estimates by the different manufacturers. The 
commenter noted that EPA further stated that ``The data that we 
received were incomplete, and the methods of estimating vehicle surface 
areas varied widely.'' The commenter noted that all United States 
automobile manufacturers currently demonstrate compliance with their 
lbs of VOC per gal of applied coating solids limits by using the Auto 
Protocol. One of the essential components of the Auto Protocol is the 
surface area coated. The commenter submitted that, if EPA feels that 
the data are inconsistent and incomplete, then the Auto Protocol should 
be revised to correct this deficiency or disregarded altogether. 
Otherwise, the commenter recommends that the limits be re-evaluated 
using the most current, statistically acceptable data for surface area 
where appropriate.
    Response: The Auto Protocol requires that surface areas of 
different vehicle types be determined in a manner that is consistent 
within the facility (so that material usage may be allocated to 
specific days and specific spray booths). A consistent approach has not 
been required from facility to facility, and it was not possible to 
reliably compare reported surface area data between different 
facilities.

C. Analytical Methods

    Comment: A commenter noted that Sec. Sec.  63.3151 and 63.3171(e) 
rely on Method 311 as one of the ways to determine the mass fraction of 
HAP for demonstrating initial compliance. The proposed rule also 
stipulated that if there is a ``disagreement'' between supplier or 
manufacturer information and the results from test methods, then the 
test method results take precedence. The commenter disagrees with the 
presumption that the test results are correct, and pointed out that 
there is considerable variability in the analytical test results even 
when Method 311 is run carefully. The commenter cited technical causes 
of variability including thermal stability, sample handling, reactivity 
of some coatings, gas chromatograph (GC) column selection, and the 
oven/column temperature profile. The commenter recommended that EPA 
establish a ``confidence limit'' of 50 percent 
for analyses conducted in accordance with Method 311.
    The commenter noted that in past MACT standards, such as the MACT 
for wood furniture, EPA has permitted sources to rebut test results. 
The commenter also recommended that EPA allow the use of formulation 
data for methanol, because in a coating with melamine resins, methanol 
may be generated by the temperature in the injection column of the GC. 
This methanol by-product would be recorded even though it is not 
present in the coating.
    Response: We agree that a variety of analytical techniques 
(different columns, detectors, temperature programming, etc.) allowable 
within the broad framework of Method 311 may lead to inconsistent 
results if not optimized for the specific target analyte and background 
interferences specific to a particular coating. The final rule provides 
that in the event of any inconsistency between the Method 311 data 
obtained by the permitting agency and the formulation data used by the 
facility, or, between the Method 311 data obtained by the permitting 
agency and analytical data obtained by the facility, the Method 311 
data obtained by the permitting agency shall govern (excluding HAP 
produced by chemical reaction in the analytical process), unless, after 
consultation, the facility demonstrates to the satisfaction of the 
enforcement authority that the facility's data are correct. Analyses of 
known formulations by Method 311 have been demonstrated to be far less 
variable than a 50 percent confidence interval 
would imply. We have not set a specific tolerance level for this 
analysis. Facilities that experience problems with specific 
applications of Method 311 may choose to obtain statistical variance 
data to support an explanation of a discrepancy between Method 311 data 
and compositions obtained from formulation data or other sources.
    Comment: The commenter recommended additional procedures to assure 
consistency when using Method 311 for purposes of complying with the 
final rule. The commenter suggested the following procedures to help 
assure that the testing performed by the enforcement agency is 
consistent with those tests run by the source (or coatings 
manufacturer): (1) The facility would provide to the applicable agency 
the determination of the proper test parameters to be used and the 
temperature at which the analysis should be performed, (2) the facility 
should have the option to divide any sample collected by the agency 
that implements and enforces the MACT standards, and (3) both the 
applicable control agency and the facility should be authorized to be 
present while sampling and/or testing under Method 311 is being 
conducted.
    Response: The facility has the opportunity to provide any guidance 
to the permitting agency to assist in the chemical analysis of the 
coating, however, the final rule does not require the permitting agency 
to follow the guidance of the facility in cases where it disagrees. The 
facility has the opportunity to conduct parallel sampling of any 
coating material that the permitting agency samples; no change to the 
rule is necessary to permit this. It is not feasible to guarantee that 
a representative of the facility may witness the chemical analysis. 
Permitting agencies may use testing laboratories where scheduling is 
uncertain and samples may be split for different analyses which may 
take place in different labs (perhaps simultaneously).

D. Notifications, Reports, and Recordkeeping

    Comment: A commenter noted that according to proposed Sec.  
63.3110(c), notification of compliance status is due within 30 days 
following the end of the initial compliance period. The commenter 
requested the 60-day time period specified in the General Provisions, 
Sec.  63.9(h) for submittal of the compliance notification.
    Response: The final rule has been written to allow 60 days from the 
end of the initial compliance period for submission of the notification 
of compliance status. We recognize that additional time may be 
necessary to confirm the accuracy of the methodology for calculating 
the emission rate in the initial compliance period.
    Comment: A commenter noted that EPA has historically differentiated 
exceedences or excursions (now called deviations) from startup, 
shutdown, and malfunction events and has used this terminology in other 
MACT standards. Also, the recognition that they are different events is 
further evidenced by requiring two separate reports in previous 
standards: The periodic compliance report and the periodic startup, 
shutdown, malfunction report. The commenter acknowledged that filing a 
combined report saves time and resources and agrees with this as long 
as the deviation reporting section is distinct from the startup, 
shutdown, malfunction reporting section. The

[[Page 22617]]

commenter recommended that EPA write the final rule to reflect that 
operations in accordance with SSMP are not deviations and are not 
reported as such.
    Response: Proposed Sec.  63.3163(h) provided that consistent with 
Sec. Sec.  63.6(e) and 63.7(e)(1), deviations that occur during a 
period of startup, shutdown, or malfunction of the emission capture 
system, add-on control device, or coating operation that may affect 
emission capture or control device efficiency are not violations if you 
demonstrate to the Administrator's satisfaction that you were operating 
in accordance with the SSMP. The Administrator will determine whether 
deviations that occur during a period you identify as a startup, 
shutdown, or malfunction are violations according to the provisions in 
Sec.  63.6(e). According to Sec.  63.6(e), any affected source must at 
all times meet the emission standard or comply with the SSMP.

E. Definitions

    Comment: Commenter submits that the definition of ``initial 
startup'' does not accurately describe what constitutes the startup of 
a new source and recommended that the phrase ``the first time equipment 
is brought online in a facility'' in the proposed definition be written 
to ``the first time a salable product is produced.'' Otherwise the term 
would include periods that are not representative of normal operation.
    Response: We agree with the commenter that periods of equipment 
testing and calibration prior to the time that production is commenced 
may not be representative of the emissions reductions and control 
device performance achievable in normal operation. The definition of 
``initial startup'' in the final rule has been written to refer to the 
first time a salable product is coated.
    Comment: The commenter stated that the term ``container'' is used 
repeatedly throughout the proposed rule and that the rule covers ``all 
storage containers and mixing vessels in which coatings, thinners, and 
cleaning materials are stored and mixed.'' It is not clear whether the 
term container would include tanks used to store certain solvents and 
coatings.
    Response: A definition of container has been added to the final 
rule, covering coatings, solvents, and cleaning materials.

F. Amendment of RCRA Rule

    Comment: A commenter noted that EPA states that currently air 
emissions from the collection, transmission, and storage of purged 
paint and solvent at these sources are regulated under RCRA. However, 
in its proposed rule, EPA exempts these wastes from RCRA and transfers 
the regulation under the CAA. The EPA further explains that ``this 
exemption is considered to be less stringent than existing RCRA 
regulations.'' The EPA also proposes to establish work practice 
standards to control these emissions rather than numeric emission 
standards.
    The commenter submits that the CAA mandates floors that reflect 
``the average emission limitation achieved by the best performing 12 
percent of the existing sources (for which the Administrator has 
emissions information). ``Also, EPA may only propose a work practice 
standard MACT if the Agency demonstrates that it is ``not feasible to 
prescribe or enforce an emission standard.'' The commenter asserts that 
EPA does not demonstrate it is infeasible to prescribe or enforce an 
emissions standard for the collection, transmission, and storage of 
purged paint and solvent and thus, the proposed rule is unlawful. Also, 
EPA fails to explain whether existing sources subject to RCRA are 
reducing their HAP emissions and, if so, whether the existing RCRA 
requirements could serve as the basis for establishing a MACT floor. 
Finally, the commenter claims the Agency's proposal is arbitrary and 
capricious because it fails to explain the consequences of transferring 
regulatory authority from RCRA to CAA, how the shift in regulatory 
authority results in less stringency, or identify the Agency's legal 
authority to exempt HAP emissions from RCRA.
    The commenter urges EPA to establish a MACT floor that considers 
the emissions reductions at those sources currently subject to RCRA and 
properly determine whether an emission standard, instead of work 
practice standard, is appropriate for these sources.
    Response: The NESHAP address both the capture of purged materials 
and the transport and storage of purged materials after they have been 
captured. This is more comprehensive than the existing RCRA rule being 
amended which only addresses the transport and storage of purged 
materials after they have been captured. The requirements of the final 
NESHAP are, therefore, at least as effective as the requirements of the 
existing RCRA rule. The language in the preamble to the proposed rule 
cited by the commenter was not an assessment of the effect of the 
proposed NESHAP on activities covered by the existing RCRA rule, nor 
was it a comparison of the proposed NESHAP and the existing RCRA rule.
    The language cited by the commenter was characterizing the proposed 
revision to the RCRA rule as less stringent than the existing RCRA 
rule. This comparison was made in the context of discussing whether 
States would be required to adopt the revised RCRA rule. We consider an 
exemption from RCRA rules to be less stringent than the retention of 
those rules. Since it would be less stringent, States would not be 
required to adopt the revised rule in their RCRA programs (RCRA section 
3009). If we had considered the revision to be more stringent, States 
then would be required to adopt and seek authorization for those 
provisions (section 3006 of RCRA).

G. Risk Based Approaches

    The preamble to the proposed rule requested comment on whether 
there might be further ways to structure the final rule to focus on the 
facilities which pose significant risks and avoid the imposition of 
high costs on facilities that pose little risk to public health and the 
environment. Specifically, we requested comment on the technical and 
legal viability of two risk-based approaches: (1) an applicability 
cutoff for threshold pollutants under the authority of CAA section 
112(d)(4); and (2) subcategorization and delisting under the authority 
of CAA sections 112(c)(1) and 112(c)(9). We indicated that we would 
evaluate all comments before determining whether either approach would 
be included in the final rule. Numerous commenters submitted detailed 
comments on these risk-based approaches. These comments are summarized 
in the Response-to-Comments document.
    Based on our consideration of the comments received and other 
factors, we have decided not to include the risk-based approaches in 
today's final rule. The risk-based approaches described in the proposed 
rule and addressed in the comments we received raise a number of 
complex issues. In addition, we are under time pressure to complete the 
final rule, because the statutory deadline for promulgation has passed 
and a deadline suit has been filed against EPA. (See Sierra Club v. 
Whitman, Civil Action No. 1:01CV01537 (D.D.C.).) Given the range of 
issues raised by the risk-based approaches and the need to promulgate a 
final rule expeditiously, we feel that it is appropriate not to include 
any risk-based approaches in today's final rule. Nonetheless, we expect 
to continue to consider risk-based approaches in connection with other 
NESHAP where we have described and solicited comment on such 
approaches. This

[[Page 22618]]

determination does not preclude future consideration of similar or 
other risk-based approaches for this source category in the future.

V. Summary of Environmental, Energy, and Economic Impacts

A. What Are the Air Impacts?

    The final rule will decrease HAP emissions from automobile and 
light-duty truck surface coating facilities from an estimated 10,000 
tpy to 4,000 tpy. This represents a decrease of 6,000 tpy or 60 
percent. The final rule will also decrease VOC by approximately 12,000 
tpy to 18,000 tpy. These values were calculated in comparison to 
baseline emissions reported to EPA by individual facilities for 1996 or 
1997.

B. What Are the Cost Impacts?

    The estimated total capital costs of compliance, including the 
costs of monitors, is $670 million. This will result in an additional 
annualized capital cost of $75 million.
    The projected total annual costs, including capital recovery, 
operating costs, monitoring, recordkeeping, and reporting is $154 
million per year.
    The cost analysis assumed that each existing facility will use, in 
the order presented, as many of the following four steps as necessary 
to meet the emission limit. First, if needed, facilities that do not 
already control their electrodeposition primer bake oven exhaust will 
install and operate such control at an average cost of $8,200 per ton 
of HAP controlled. Next, if needed, facilities will reduce the HAP-to-
VOC ratio of their primer-surfacer and topcoat materials to 0.3 from 
1.0 at an average cost of $540 per ton of HAP controlled. Finally, if 
needed, facilities will control the necessary volume of primer-surfacer 
and topcoat spray booth exhaust gas at an average cost of $40,000 per 
ton of HAP controlled. For all four steps combined, the average cost is 
about $25,000 per ton of HAP controlled.
    New facilities and new paint shops will incur little additional 
cost to meet the emission limit. These facilities will already include 
bake oven controls and partial spray booth exhaust controls for VOC 
control purposes. New facilities may need to make some downward 
adjustment in the HAP content of their materials to meet the emission 
limit.
    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 evaluate the 
primary and secondary impacts the proposed rule would have on the 
producers and consumers of automobiles and light-duty trucks, and 
society as a whole. The analysis was conducted to determine the 
economic impacts associated with the proposed rule at both the market 
and industry levels. Overall, the analysis indicated a minimal change 
in vehicle prices and production quantities. 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.
    Based on the estimated compliance costs associated with the final 
rule and the predicted changes in prices and production in the affected 
industry, the estimated annual social cost of the rule is projected to 
be $161 million (1999 dollars). The social costs take into account 
changes in behavior by producers and consumers due to the imposition of 
compliance costs. For this reason the estimated annual social costs 
differ from the estimated annual engineering costs of $154 million. 
Producers, in aggregate, are expected to bear $152 million annually in 
costs while the consumers are expected to incur the remaining $10 
million in social costs associated with the final rule.
    The economic model projects an aggregate price increase for the 
modeled vehicle classes of automobiles and light-duty trucks to be less 
than 1/100th of 1 percent as a result of the final standards. This 
represents at most an increase in price of $3.00 per vehicle. The model 
also projects that directly affected producers will reduce total 
production by approximately 1,400 vehicles per year. This represents 
approximately 0.01 percent of the 12.7 million vehicles produced by the 
potentially affected plants in 1999, the baseline year of analysis.
    In terms of industry impacts, the automobile and light-duty truck 
manufacturers are projected to experience a decrease in pre-tax 
earnings of about 1 percent or $152 million. In comparison, total pre-
tax earnings for the affected plants included in the analysis exceeded 
$14 billion in 1999. The reduction in pre-tax earnings of 1 percent 
reflects an increase in production costs and a decline in revenues 
earned from a reduction in the quantity of vehicles sold. Through the 
market and industry impacts described above, the final rule will lead 
to a redistribution of profits within the industry. Some facilities (28 
percent) are projected to experience a profit increase under the final 
rule; however, the majority (72 percent) that continue operating are 
projected to lose profits. No facilities are projected to close due to 
the final rule.

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

    Solid waste and water impacts of the final rule are expected to be 
negligible. Capture of additional organic HAP-laden streams and control 
of these streams with regenerative thermal oxidizers is expected to 
require an additional 180 million kilowatt hours per year and an 
additional 4.9 billion standard cubic feet per year of natural gas.

VI. How Will the Amendments to 40 CFR Parts 264 and 265, Subparts BB, 
of the Hazardous Waste Regulations Be Implemented in the States?

A. Applicability of Federal Rules in Authorized States

    Under section 3006 of the RCRA, EPA may authorize a qualified State 
to administer and enforce a hazardous waste program within the State in 
lieu of the Federal program and to issue and enforce permits in the 
State. A State may receive authorization by following the approval 
process described under 40 CFR 271.21. See 40 CFR part 271 for the 
overall standards and requirements for authorization. The EPA continues 
to have independent authority to bring enforcement actions under RCRA 
sections 3007, 3008, 3013, and 7003. An authorized State also continues 
to have independent authority to bring enforcement actions under State 
law.
    After a State receives initial authorization, new Federal 
requirements promulgated under RCRA authority existing prior to the 
1984 Hazardous and Solid Waste Amendments (HSWA) do not apply in that 
State until the State adopts and receives authorization for equivalent 
State requirements. In contrast, under RCRA section 3006(g) (42 U.S.C. 
6926(g)), new Federal requirements and prohibitions promulgated 
pursuant to HSWA provisions take effect in authorized States at the 
same time that they take effect in unauthorized States. As such, EPA 
carries out HSWA requirements and prohibitions in authorized States, 
including the issuance of new permits implementing those requirements, 
until EPA authorizes the State to do so.
    Authorized States are required to modify their programs when EPA 
promulgates Federal requirements that

[[Page 22619]]

are more stringent or broader in scope than existing Federal 
requirements. The RCRA section 3009 allows the States to impose 
standards more stringent than those in the Federal program. (See also 
40 CFR 271.1(i)). Therefore, authorized States are not required to 
adopt Federal regulations, both HSWA and non-HSWA, that are considered 
less stringent than existing Federal requirements.

B. Authorization of States for Today's Amendments

    Currently, the air emissions from the collection, transmission, and 
storage of captured purged paint and solvent at automobile and light-
duty truck assembly plants are regulated under the authority of RCRA 
(see 40 CFR parts 264 and 265, subparts BB). Today's amendments will 
exempt these wastes from regulation under RCRA and defer regulation to 
the final NESHAP. This exemption is considered to be less stringent 
than the existing RCRA regulations and, therefore, States are not 
required to adopt and seek authorization for today's exemption. 
However, EPA strongly encourages States to adopt today's amended RCRA 
provisions and seek authorization for them to prevent duplication with 
the NESHAP.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and, therefore, subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Executive Order 
defines ``significant regulatory action'' as one that is likely to 
result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    Pursuant to the terms of Executive Order 12866, it has been 
determined that the final rule is a ``significant regulatory action,'' 
because it could have an annual impact on the economy of over $100 
million. 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 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 standards do not require any notifications or reports 
beyond those required by the General Provisions. The recordkeeping 
requirements require only the specific information needed to determine 
compliance.
    The annual monitoring, reporting, and recordkeeping burden for this 
collection (averaged over the first 3 years after the effective date of 
the final rule) is estimated to be 33,436 labor hours per year at a 
total annual cost of $982,742. This estimate includes a one-time 
performance test and report (with repeat tests where needed) for those 
affected sources that choose to comply through the installation of new 
capture systems and control devices; one-time purchase and installation 
of CPMS for those affected sources that choose to comply through the 
installation of new capture systems and control devices; preparation 
and submission of work practice plans; one-time submission of a SSMP 
with semiannual reports for any event when the procedures in the plan 
were not followed; semiannual excess emission reports; maintenance 
inspections; notifications; and recordkeeping. There are no additional 
capital/startup costs associated with the monitoring requirements over 
the 3-year period of the ICR. The monitoring related operation and 
maintenance costs over this same period are estimated at $7,000.
    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 impacts of today's rule on small entities for 
the automobile and light-duty truck surface coating industry, a small 
entity is defined as: (1) A small business according to Small Business 
Administration size standards for companies identified by NAICS codes 
33611 (automobile manufacturing) and 33621 (light-duty truck and 
utility vehicle manufacturing) with 1,000 or fewer employees; (2) a 
small governmental jurisdiction that is a government of a city, county, 
town, school district, or special district with a population of less 
than 50,000; and (3) a small organization that is any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field. Based on the above definition, there are no 
small entities presently engaged in automobile and light-duty truck 
surface coating.
    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. 
This is based

[[Page 22620]]

on the observation that the final rule affects no small entities since 
none are engaged in the surface coating of automobiles and light-duty 
trucks.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. Under section 202 of the UMRA, EPA 
generally must prepare a written statement, including a cost-benefit 
analysis, for proposed and final rules with ``Federal mandates'' that 
may result in expenditures to State, local, and tribal governments, in 
the aggregate, or to the private sector, of $100 million or more in any 
1 year. Before promulgating an EPA rule for which a written statement 
is needed, section 205 of the UMRA generally requires EPA to identify 
and consider a reasonable number of regulatory alternatives and adopt 
the least costly, most cost-effective, or least burdensome alternative 
that achieves the objectives of the rule. The provisions of section 205 
do not apply when they are inconsistent with applicable law. Moreover, 
section 205 allows EPA to adopt an alternative other than the least 
costly, most cost-effective, or least burdensome alternative if the 
Administrator publishes with the final rule an explanation why that 
alternative was not adopted. Before EPA establishes any regulatory 
requirements that may significantly or uniquely affect small 
governments, including tribal governments, it must have developed under 
section 203 of the UMRA a small government agency plan. The plan must 
provide for notifying potentially affected small governments, enabling 
officials of affected small governments to have meaningful and timely 
input in the development of EPA regulatory proposals with significant 
Federal intergovernmental mandates, and informing, educating, and 
advising small governments on compliance with the regulatory 
requirements.
    The EPA has determined that the final rule contains a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and tribal governments, in the aggregate, or the private 
sector in any 1 year. Specifically, the final rule may result in such 
expenditures by the private sector. Accordingly, EPA has prepared under 
section 202 of the UMRA a written statement (titled Unfunded Mandates 
Reform Act Analysis for the Automobiles and Light-Duty Trucks Coating 
NESHAP) which is summarized below.
Statutory Authority
    The statutory authority for the final rule is section 112 of the 
CAA, enacted to reduce nationwide air toxics emissions. In compliance 
with UMRA section 205(a), we identified and considered a reasonable 
number of regulatory alternatives. Additional information on the costs 
and environmental impacts of these regulatory alternatives is presented 
in the docket. The regulatory alternative upon which the final rule is 
based represents the MACT floor for automobile and light-duty truck 
coating operations and, as a result, is the least costly and least 
burdensome alternative.
Social Costs and Benefits
    The regulatory impact analysis prepared for the final rule, 
including EPA's assessment of costs and benefits, is detailed in the 
``Regulatory Impact Analysis for the Automobiles and Light-Duty Trucks 
Coating NESHAP'' in the docket. Based on the estimated compliance costs 
associated with the rule and the predicted changes in prices and 
production in the affected industry, the estimated annual social costs 
of the final rule is projected to be $161 million (1999 dollars).
    It is estimated that 5 years after implementation of the final 
rule, HAP will be reduced from 10,000 tpy to 4,000 tpy. This represents 
a 60 percent reduction (6,000 tpy) of toluene, xylene, glycol ethers, 
MEK, MIBK, ethylbenzene, and methanol. Exposure to HAP can result in 
the incidence of respiratory irritation, chest constriction, gastric 
irritation, eye, nose, and throat irritation, as well as neurological 
and blood effects, including fatigue, nausea, tremor, and anemia. Based 
on scientific studies conducted over the past 20 years, EPA has 
classified EGBE as a ``possible human carcinogen,'' while ethylbenzene, 
MEK, toluene, and xylenes are considered by the Agency as ``not 
classifiable as to human carcinogenicity.'' The studies upon which 
these classifications are based have worked toward the determination of 
a relationship between exposure to these HAP and the onset of cancer.
    Monetization of the benefits of reductions in cancer incidences 
requires several important inputs, including central estimates of 
cancer risks, estimates of exposure to carcinogenic HAP, and estimates 
of the value of an avoided case of cancer (fatal and non-fatal). 
Currently, EPA relies on unit risk factors (URF) developed through risk 
assessment procedures. The unit risk factor is a quantitative estimate 
of the carcinogenic potency of a pollutant, often expressed as the 
probability of contracting cancer from a 70-year lifetime continuous 
exposure to a concentration of one [mu]g/m\3\ of a pollutant. These URF 
are designed to be conservative, and as such, are more likely to 
represent the high end of the distribution of risk rather than a best 
or most likely estimate of risk.
    In a typical analysis of the expected health benefits of a 
regulation (e.g., ``Regulatory Impact Analysis: Heavy-Duty Engine and 
Highway Diesel Fuel Sulfur Control Requirements'', December 2000, 
EPA420-R-00-026), health effects are estimated by applying changes in 
pollutant concentrations to best estimates of risk obtained from 
epidemiological studies. As the purpose of a benefit analysis is to 
describe the benefits most likely to occur from a reduction in 
pollution, use of high-end, conservative risk estimates will lead to a 
biased estimate of the expected benefits of the final rule. While we 
used high-end risk estimates in past analyses, recent advice from the 
EPA Science Advisory Board (SAB) and internal methods reviews have 
suggested that we avoid using high-end estimates in current analyses. 
For these reasons, we will not attempt to quantify the health benefits 
of reductions in HAP unless best estimates of risks are available. 
Also, limited input data on noncancer effects associated with exposure 
to these HAP do not allow us to quantify the benefits from risk 
reductions of these effects. Thus, we are unable to provide a monetized 
estimate of the benefits of HAP reduced by the final rule at this time. 
The EPA is working with the SAB to develop better methods for analyzing 
the benefits of reductions in HAP.
    We conducted a rough risk assessment which indicated that both the 
baseline level of adverse health effects and the effects of the final 
rule on human health are small. This rough risk assessment is available 
in the docket. The risk estimates from this rough assessment were based 
on typical facility configurations (i.e., model plants) and are subject 
to significant uncertainties.
    The rough risk assessment indicated that currently there may be up 
to 100 people exposed to HAP above reference concentration (RfC) levels 
as a result of emissions from these facilities. The emission reductions 
required by the final rule would bring all, or almost all, of these 
people to exposures below the RfC. The rough risk assessment also 
indicated that currently no one would be exposed to a lifetime cancer 
risk above 10 in a million and perhaps 6,000

[[Page 22621]]

people are exposed to a lifetime cancer risk above 1 in a million as a 
result of emissions from these facilities. The final rule is not 
expected to have any significant impact on cancer risk. A more refined 
risk assessment will be performed as part of the residual risk analysis 
which is required to occur within 8 years after promulgation of the 
final rule.
    The control technology to reduce the level of HAP emitted from 
automobile and light-duty truck coating operations is also expected to 
reduce emissions of criteria pollutants, particularly VOC. 
Specifically, the final rule achieves a 12,000 to 18,000 tpy reduction 
in VOC. This represents a significant reduction of VOC emissions from 
these sources, but less than 1 percent of national VOC emissions. The 
VOC is a precursor to tropospheric (ground-level) ozone and a small 
percentage also precipitate in the atmosphere to form particulate 
matter (PM).
    Although we were not able to estimate the monetary value associated 
with VOC reductions, the health and welfare effects from exposure to 
ground-level ozone are well documented. Elevated concentrations of 
ground-level ozone primarily may result in acute respiratory-related 
impacts such as coughing and difficulty breathing. Chronic exposure to 
ground-level ozone may lead to structural damage to the lungs, 
alterations in lung capacity and breathing frequency, increased 
sensitivity of airways, eye, nose, and throat irritation, malaise, and 
nausea. Adverse ozone welfare effects include damage to agricultural 
crops, ornamental plants, and materials damage. Though only a small 
fraction of VOC forms PM, exposure to PM can result in human health and 
welfare effects, including excess deaths, morbidity, soiling and 
materials damage, as well as reduced visibility.
    To the extent that reduced exposure to HAP and VOC reduces the 
instances of the above described health effects, benefits from the 
final rule will be realized by society through an improvement in 
environmental quality.
Future and Disproportionate Costs
    The UMRA requires that we estimate, where accurate estimation is 
reasonably feasible, future compliance costs imposed by the final rule 
and any disproportionate budgetary effects. We do not feel that there 
will be any disproportionate budgetary effects of the final rule on any 
particular areas of the country, State, or local governments, types of 
communities (e.g., urban, rural), or particular industry segments.
Effects on the National Economy
    The UMRA requires that we estimate the effect of the rule on the 
national economy. To the extent feasible, we must estimate the effect 
on productivity, economic growth, full employment, creation of 
productive jobs, and international competitiveness of United States 
goods and services if we determine that accurate estimates are 
reasonably feasible and that such effect is relevant and material.
    The nationwide economic impact of the final rule is presented in 
the EIA. That analysis provides estimates of the effect of the rule on 
some of the categories mentioned above.
    The estimated direct cost to the automobile and light-duty truck 
manufacturing industry of compliance with the final rule is 
approximately $154 million (1999 dollars) annually. Indirect costs of 
the final rule to industries other than the automobile and light-duty 
truck manufacturing industry, governments, tribes, and other affected 
entities are expected to be minor. The final rule is expected to have 
little impact on domestic productivity, economic growth, full 
employment, energy markets, creation of productive jobs, and the 
international competitiveness of United States goods and services.
Consultation With Government Officials
    Although the final rule does not affect any State, local, or tribal 
governments, we have consulted with State and local air pollution 
control officials. The EPA has held meetings on the final rule with 
many of the stakeholders from numerous individual companies, 
environmental groups, consultants and vendors, and other interested 
parties. The EPA has added materials to the docket to document these 
meetings.

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 automobile and light-
duty truck 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 is based on technology 
performance and not on health or safety risks.

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

    The final rule is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22,

[[Page 22622]]

2001) because it is not likely to have a significant adverse effect on 
the supply, distribution, or use of energy.
    The final rule affects the automobile and light-duty truck 
manufacturing industries. There is no crude oil, fuel, or coal 
production from these industries, therefore there is no direct effect 
on such energy production related to implementation of the final rule. 
In addition, the cost of energy distribution will not be affected by 
the final rule since the rule does not affect energy distribution 
facilities.
    The final rule is projected to trigger an increase in energy use 
due to the installation and operation of additional pollution control 
equipment. The estimated increase in energy consumption is 4.9 billion 
standard cubic feet per year of natural gas and 180 million kilowatt 
hours per year of electricity nationwide. The nationwide cost of this 
increased energy consumption is estimated at $26 million per year.
    The increase in energy costs does not reflect changes in energy 
prices, but rather an increase in the quantity of electricity and 
natural gas demanded. Given that the existing electricity generation 
capacity in the United States was 785,990 megawatts in 1999\1\ and that 
23,755 billion cubic feet of natural gas was produced domestically in 
the same year,\2\ the final rule is not likely to have any significant 
adverse impact on energy prices, distribution, availability, or use.
---------------------------------------------------------------------------

    \1\ U.S. Department of Energy. 1999. Electric Power Annual, 
Volume I. Table A2: Industry Capability by Fuel Source and Industry 
Sector, 1999 and 1998 (Megawatts).
    \2\ U.S. Department of Energy. 1999. Natural Gas Annual. Table 
1: Summary Statistics for Natural Gas in the United States, 1995-
1999.
---------------------------------------------------------------------------

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; section 12(d) (15 U.S.C. 272 note) directs EPA to use 
voluntary consensus standards (VCS) in its regulatory activities unless 
to do so would be inconsistent with applicable law or otherwise 
impractical. The VCS are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by VCS bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS.
    The final rule involves technical standards. The EPA cites the 
following standards in the final rule: EPA Methods 1, 1A, 2, 2A, 2C, 
2D, 2F, 2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A-F, and 311. Consistent 
with the NTTAA, EPA conducted searches to identify VCS in addition to 
these EPA methods. No applicable VCS were identified for EPA Methods 
1A, 2A, 2D, 2F, 2G, 204, 204A through 204F and 311. The search and 
review results have been documented and are placed in Docket ID No. 
OAR-2002-0093 and Docket ID No. A-2001-22).
    The eight VCS described below were identified as acceptable 
alternatives to EPA test methods for the purposes of the final rule.
    The VCS ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses 
[Part 10, Instruments and Apparatus],'' is cited in the final rule for 
its manual method for measuring the oxygen, carbon dioxide, and carbon 
monoxide content of exhaust gas. This part of ANSI/ASME PTC 19.10-1981, 
Part 10, is an acceptable alternative to Method 3B.
    The two VCS, ASTM D2697-86 (Reapproved 1998), ``Standard Test 
Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' 
and ASTM D6093-97 (Reapproved 2003), ``Standard Test Method for Percent 
Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium 
Gas Pycnometer,'' are cited in the final rule as acceptable 
alternatives to EPA Method 24 to determine the volume solids content of 
coatings. Currently, EPA Method 24 does not have a procedure for 
determining the volume of solids in coatings. The two VCS augment the 
procedures in Method 24, which currently states that volume solids 
content be calculated from the coating manufacturer's formulation. In 
addition, we are separately specifying the use of ASTM D1475-98 
(Reapproved 2003) for measuring the density of each coating, thinner 
and/or additive, and cleaning material.
    The VCS, ASTM D5066-91 (Reapproved 2001), ``Standard Test Method 
for Determination of the Transfer Efficiency Under Production 
Conditions for Spray Application of Automotive Paints-Weight Basis,'' 
is cited in the final rule as an acceptable procedure to measure 
transfer efficiency of spray coatings. Currently, no EPA method is 
available to measure transfer efficiency.
    The two VCS, ASTM D6266-00a, ``Test Method for Determining the 
Amount of Volatile Organic Compound (VOC) Released from Waterborne 
Automotive Coatings and Available for Removal in a VOC Control Device 
(Abatement),'' and ASTM D5087-02 (Reapproved 1994), ``Standard Test 
Method for Determining Amount of Volatile Organic Compound (VOC) 
Released from Solventborne Automotive Coatings and Available for 
Removal in a VOC Control Device (Abatement),'' are cited in the final 
rule as acceptable procedures to measure solvent loading (related to 
capture efficiency) for the heated flash zone for waterborne basecoats 
and for bake ovens. Currently, no EPA method is available to measure 
solvent loading for automobile and light-duty truck coatings. In 
addition, ASTM D5965-02, ``Standard Test Methods for Specific Gravity 
of Coating Powders,'' is specified in the rule as a method to determine 
the volume solids of powder coatings.
    Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93 are already 
incorporated by reference (IBR) in EPA Method 24. Five VCS: ASTM D1979-
91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are 
IBR in EPA Method 311.
    In addition to the VCS included in the final rule, the search for 
emissions measurement procedures identified 14 other VCS. The EPA 
determined that 11 of these 14 standards identified for measuring 
emissions of the HAP or surrogates subject to emission standards in the 
final rule were impractical alternatives to EPA test methods. 
Therefore, EPA did not adopt these standards for this purpose. (See 
Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22 for further 
information on the methods.)
    Sections 63.3161 and 63.3166 of the final rule list the EPA testing 
methods included in the final rule. Under Sec.  63.7(f) of subpart A of 
the General Provisions, a source may apply to EPA for permission to use 
alternative test methods in place of any of the EPA testing methods.

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

[[Page 22623]]

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 a 
major rule as defined by 5 U.S.C. 804(2). The final rule will be 
effective 60 days after April 26, 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: February 26, 2004.
Michael O. Leavitt,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, parts 63, 
264, and 265 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 adding and reserving new paragraph 
(b)(35), adding new paragraphs (b)(36), (37), and (38), and revising 
paragraphs (b)(24), (25), (26), and (32), and (i)(3) to read as 
follows:


Sec.  63.14  Incorporations by reference

* * * * *
    (b) * * *
    (24) ASTM D2697-86 (Reapproved 1998), ``Standard Test Method for 
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' IBR 
approved for Sec. Sec.  63.3161(f)(1), 63.3521(b)(1), 63.3941(b)(1), 
63.4141(b)(1), 63.4741(b)(1), 63.4941(b)(1), and 63.5160(c).
    (25) ASTM D6093-97 (Reapproved 2003), ``Standard Test Method for 
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using 
a Helium Gas Pycnometer,'' IBR approved for Sec. Sec.  63.3161(f)(1), 
63.3521(b)(1), 63.3941(b)(1), 63.4141(b)(1), 63.4741(b)(1), 
63.4941(b)(1), and 63.5160(c).
    (26) ASTM D1475-98 (Reapproved 2003), ``Standard Test Method for 
Density of Liquid Coatings, Inks, and Related Products,'' IBR approved 
for Sec. Sec.  63.3151(b), 63.3941(b)(4), 63.3941(c), 63.3951(c), 
63.4141(b)(3), 63.4141(c), and 63.4551(c).
* * * * *
    (32) ASTM D5965-02, ``Standard Test Methods for Specific Gravity of 
Coating Powders,'' IBR approved for Sec. Sec.  63.3151(b) and 
63.3951(c).
* * * * *
    (35) [Reserved]
    (36) ASTM D5066-91 (Reapproved 2001), ``Standard Test Method for 
Determination of the Transfer Efficiency Under Production Conditions 
for Spray Application of Automotive Paints-Weight Basis,'' IBR approved 
for Sec.  63.3161(g).
    (37) ASTM D5087-02, ``Standard Test Method for Determining Amount 
of Volatile Organic Compound (VOC) Released from Solventborne 
Automotive Coatings and Available for Removal in a VOC Control Device 
(Abatement),'' IBR approved for Sec. Sec.  63.3165(e) and 63.3176, 
appendix A.
    (38) ASTM D6266-00a, ``Test Method for Determining the Amount of 
Volatile Organic Compound (VOC) Released from Waterborne Automotive 
Coatings and Available for Removal in a VOC Control Device 
(Abatement),'' IBR approved for Sec.  63.3165(e).
* * * * *
    (i) * * *
    (3) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.  
63.865(b), 63.3166(a)(3), 63.3360(e)(1)(iii), 63.3545(a)(3), 
63.3555(a)(3), 63.4166(a)(3), 63.4362(a)(3), 63.4766(a)(3), 
63.4965(a)(3), 63.5160(d)(1)(iii), 63.9307(c)(2), and 63.9323(a)(3).
* * * * *

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

Subpart IIII--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Automobiles and Light-Duty Trucks

Sec.

What This Subpart Covers

63.3080 What is the purpose of this subpart?
63.3081 Am I subject to this subpart?
63.3082 What parts of my plant does this subpart cover?
63.3083 When do I have to comply with this subpart?

Emission Limitations

63.3090 What emission limits must I meet for a new or reconstructed 
affected source?
63.3091 What emission limits must I meet for an existing affected 
source?
63.3092 How must I control emissions from my electrodeposition 
primer system if I want to comply with the combined primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding 
adhesive emission limit?
63.3093 What operating limits must I meet?
63.3094 What work practice standards must I meet?

General Compliance Requirements

63.3100 What are my general requirements for complying with this 
subpart?
63.3101 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.3110 What notifications must I submit?
63.3120 What reports must I submit?
63.3130 What records must I keep?
63.3131 In what form and for how long must I keep my records?

Compliance Requirements for Adhesive, Sealer, and Deadener

63.3150 By what date must I conduct the initial compliance 
demonstration?
63.3151 How do I demonstrate initial compliance with the emission 
limitations?
63.3152 How do I demonstrate continuous compliance with the emission 
limitations?

Compliance Requirements for the Combined Electrodeposition Primer, 
Primer-Surfacer, Topcoat, Final Repair, Glass Bonding Primer, and Glass 
Bonding Adhesive Emission Limitations

63.3160 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.3161 How do I demonstrate initial compliance?
63.3162 [Reserved]
63.3163 How do I demonstrate continuous compliance with the emission 
limitations?
63.3164 What are the general requirements for performance tests?
63.3165 How do I determine the emission capture system efficiency?
63.3166 How do I determine the add-on control device emission 
destruction or removal efficiency?
63.3167 How do I establish the add-on control device operating 
limits during the performance test?
63.3168 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Compliance Requirements for the Combined Primer-Surfacer, Topcoat, 
Final Repair, Glass Bonding Primer, and Glass Bonding Adhesive Emission 
Limitations and the Separate Electrodeposition Primer Emission 
Limitations

63.3170 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.3171 How do I demonstrate initial compliance?
63.3172 [Reserved]
63.3173 How do I demonstrate continuous compliance with the emission 
limitations?

Other Requirements and Information

63.3175 Who implements and enforces this subpart?
63.3176 What definitions apply to this subpart?

[[Page 22624]]

Tables to Subpart IIII of Part 63

Table 1 to Subpart IIII of Part 63. Operating Limits for Capture 
Systems and Add-On Control Devices
Table 2 to Subpart IIII of Part 63. Applicability of General 
Provisions to Subpart IIII of Part 63
Table 3 to Subpart IIII of Part 63. Default Organic HAP Mass 
Fraction for Solvents and Solvent Blends
Table 4 to Subpart IIII of Part 63. Default Organic HAP Mass 
Fraction for Petroleum Solvent Groups

Appendix A to Subpart IIII of Part 63--Determination of Capture 
Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions 
from Solvent-borne Coatings Using Panel Testing

Subpart IIII--National Emission Standards for Hazardous Air Pollutants: 
Surface Coating of Automobiles and Light-Duty Trucks

What This Subpart Covers


Sec.  63.3080  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for facilities which surface coat new 
automobile or new light-duty truck bodies or body parts for new 
automobiles or new light-duty trucks. This subpart also establishes 
requirements to demonstrate initial and continuous compliance with the 
emission limitations.


Sec.  63.3081  Am I subject to this subpart?

    (a) Except as provided in paragraph (c) of this section, the source 
category to which this subpart applies is automobile and light-duty 
truck surface coating.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.3082, that is located at a facility which applies topcoat to new 
automobile or new light-duty truck bodies or body parts for new 
automobiles or new light-duty trucks, and that is a major source, is 
located at a major source, or is part of a major source of emissions of 
hazardous air pollutants (HAP). A major source of HAP emissions is any 
stationary source or group of stationary sources located within a 
contiguous area and under common control that emits or has the 
potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 
tons) or more per year or any combination of HAP at a rate of 22.68 Mg 
(25 tons) or more per year.
    (c) This subpart does not apply to surface coating, surface 
preparation, or cleaning activities that meet the criteria of paragraph 
(c)(1) or (2) of this section.
    (1) Surface coating subject to any other NESHAP in this part as of 
June 25, 2004 except as provided in Sec.  63.3082(c).
    (2) Surface coating that occurs during research or laboratory 
activities or that is part of janitorial, building, and facility 
maintenance operations, including maintenance spray booths used for 
painting production equipment, furniture, signage, etc., for use within 
the plant.


Sec.  63.3082  What parts of my plant does this subpart cover?

    (a) This subpart applies to each new, reconstructed, and existing 
affected source.
    (b) The affected source is the collection of all of the items 
listed in paragraphs (b)(1) through (4) of this section that are used 
for surface coating of new automobile or new light-duty truck bodies, 
or body parts for new automobiles or new light-duty trucks:
    (1) All coating operations as defined in Sec.  63.3176.
    (2) All storage containers and mixing vessels in which coatings, 
thinners, and cleaning materials are stored or mixed.
    (3) All manual and automated equipment and containers used for 
conveying coatings, thinners, and cleaning materials.
    (4) All storage containers and all manual and automated equipment 
and containers used for conveying waste materials generated by a 
coating operation.
    (c) In addition, you may choose to include in your affected source, 
and thereby make subject to the requirements of this subpart, any 
coating operations, as defined in Sec.  63.3176, which would otherwise 
be subject to the NESHAP for surface coating of miscellaneous metal 
parts and products (subpart MMMM of this part) or surface coating of 
plastic parts and products (subpart PPPP of this part) which apply 
coatings to parts intended for use in new automobiles or new light-duty 
trucks or as aftermarket repair or replacement parts for automobiles or 
light-duty trucks.
    (d) For all coating operations which you choose to add to your 
affected source pursuant to paragraph (c) of this section:
    (1) All associated storage containers and mixing vessels in which 
coatings, thinners, and cleaning materials are stored or mixed; manual 
and automated equipment and containers used for conveying coatings, 
thinners, and cleaning materials; and storage containers and manual and 
automated equipment and containers used for conveying waste materials 
are also included in your affected source and are subject to the 
requirements of this subpart.
    (2) All cleaning and purging of equipment associated with the added 
surface coating operations is subject to the requirements of this 
subpart.
    (3) You must identify and describe all additions to the affected 
source made pursuant to paragraph (c) of this section in the initial 
notification required in Sec.  63.3110(b).
    (e) An affected source is a new affected source if you commenced 
its construction after December 24, 2002, and the construction is of a 
completely new automobile and light-duty truck assembly plant where 
previously no automobile and light-duty truck assembly plant had 
existed, a completely new automobile and light-duty truck paint shop 
where previously no automobile and light-duty truck paint shop had 
existed, or a new automobile and light-duty truck topcoat operation 
where previously no automobile and light-duty truck topcoat operation 
had existed.
    (f) An affected source is reconstructed if its paint shop undergoes 
replacement of components to such an extent that:
    (1) The fixed capital cost of the new components exceeded 50 
percent of the fixed capital cost that would be required to construct a 
new paint shop; and
    (2) It was technologically and economically feasible for the 
reconstructed source to meet the relevant standards established by the 
Administrator pursuant to section 112 of the Clean Air Act (CAA).
    (g) An affected source is existing if it is not new or 
reconstructed.


Sec.  63.3083  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 demonstrations described in Sec. Sec.  
63.3150, 63.3160, and 63.3170.
    (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 June 25, 2004, the compliance date is June 25, 2004.
    (2) If the initial startup of your new or reconstructed affected 
source occurs after June 25, 2004, the compliance date is the date of 
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is April 
26, 2007.

[[Page 22625]]

    (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 June 25, 
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 April 26, 2007, 
whichever is later.
    (d) You must meet the notification requirements in Sec.  63.3110 
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.  63.3090  What emission limits must I meet for a new or 
reconstructed affected source?

    (a) Except as provided in paragraph (b) of this section, you must 
limit combined organic HAP emissions to the atmosphere from 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) to no more than 0.036 kilogram (kg)/liter (0.30 pound (lb)/
gallon (gal)) of coating solids deposited during each month, determined 
according to the requirements in Sec.  63.3161.
    (b) If you meet the operating limits of Sec.  63.3092(a) or (b), 
you must either meet the emission limits of paragraph (a) of this 
section or limit combined organic HAP emissions to the atmosphere from 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) to no more than 
0.060 kg/liter (0.50 lb/gal) of applied coating solids used during each 
month, determined according to the requirements in Sec.  63.3171. If 
you do not have an electrodeposition primer system, you must limit 
combined organic HAP emissions to the atmosphere from primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec.  63.3082(c) to no more than 0.060 kg/
liter (0.50 lb/gal) of applied coating solids used during each month, 
determined according to the requirements in Sec.  63.3171.
    (c) You must limit average organic HAP emissions from all adhesive 
and sealer materials other than materials used as components of glass 
bonding systems to no more than 0.010 kg/kg (lb/lb) of adhesive and 
sealer material used during each month.
    (d) You must limit average organic HAP emissions from all deadener 
materials to no more than 0.010 kg/kg (lb/lb) of deadener material used 
during each month.
    (e) For coatings and thinners used in coating operations added to 
the affected source pursuant to Sec.  63.3082(c):
    (1) Adhesive and sealer materials that are not components of glass 
bonding systems are subject to and must be included in your 
demonstration of compliance for paragraph (c) of this section.
    (2) Deadener materials are subject to and must be included in your 
demonstration of compliance for paragraph (d) of this section.
    (3) All other coatings and thinners are subject to and must be 
included in your demonstration of compliance for paragraphs (a) or (b) 
of this section.
    (f) If your facility has multiple paint lines (e.g., two or more 
totally distinct paint lines each serving a distinct assembly line, or 
a facility with two or more paint lines sharing the same paint kitchen 
or mix room), then for the operations addressed in paragraphs (a) and 
(b) of this section:
    (1) You may choose to use a single grouping under paragraph (a) of 
this section for all of your electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations.
    (2) You may choose to use a single grouping under paragraph (b) of 
this section for all of your primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive operations as long as 
each of your electrodeposition primer systems meets the operating 
limits of Sec.  63.3092(a) or (b).
    (3) You may choose to use one or more groupings under paragraph (a) 
of this section for the electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations from one or more of your paint lines; and one or more 
groupings under paragraph (b) of this section for the primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations from the remainder of your paint lines, as long as each 
electrodeposition primer system associated with each paint line you 
include in a grouping under paragraph (b) of this section meets the 
operating limits of Sec.  63.3092(a) or (b). For example, if your 
facility has three paint lines, you may choose to use one grouping 
under paragraph (a) of this section for two of the paint lines; and a 
separate grouping under paragraph (b) of this section for the third 
paint line, as long as the electrodeposition primer system associated 
with the paint line you include in the grouping under paragraph (b) of 
this section meets the operating limits of Sec.  63.3092(a) or (b). 
Alternatively, you may choose to use one grouping for two of the paint 
lines and a separate grouping of the same type for the third paint 
line. Again, each electrodeposition primer system associated with each 
paint line you include in a grouping under paragraph (b) of this 
section must meet the operating limits of Sec.  63.3092(a) or (b).
    (4) You may choose to consider the electrodeposition primer, 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations from each of your paint lines as a separate 
grouping under either paragraph (a) or paragraph (b) of this section. 
The electrodeposition primer system associated with each paint line you 
choose to consider in a grouping under paragraph (b) of this section 
must meet the operating limits of Sec.  63.3092(a) or (b). For example, 
if your facility has two paint lines, you may choose to use the 
grouping under paragraph (a) of this section for one paint line and the 
grouping under paragraph (b) of this section for the other paint line.


Sec.  63.3091  What emission limits must I meet for an existing 
affected source?

    (a) Except as provided in paragraph (b) of this section, you must 
limit combined organic HAP emissions to the atmosphere from 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in

[[Page 22626]]

coating operations added to the affected source pursuant to Sec.  
63.3082(c) to no more than 0.072 kg/liter (0.60 lb/gal) of coating 
solids deposited during each month, determined according to the 
requirements in Sec.  63.3161.
    (b) If you meet the operating limits of Sec.  63.3092(a) or (b), 
you must either meet the emission limits of paragraph (a) of this 
section or limit combined organic HAP emissions to the atmosphere from 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) to no more than 
0.132 kg/liter (1.10 lb/gal) of coating solids deposited during each 
month, determined according to the requirements in Sec.  63.3171. If 
you do not have an electrodeposition primer system, you must limit 
combined organic HAP emissions to the atmosphere from primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec.  63.3082(c) to no more than 0.132 kg/
liter (1.10 lb/gal) of coating solids deposited during each month, 
determined according to the requirements in Sec.  63.3171.
    (c) You must limit average organic HAP emissions from all adhesive 
and sealer materials other than materials used as components of glass 
bonding systems to no more than 0.010 kg/kg (lb/lb) of adhesive and 
sealer material used during each month.
    (d) You must limit average organic HAP emissions from all deadener 
materials to no more than 0.010 kg/kg (lb/lb) of deadener material used 
during each month.
    (e) For coatings and thinners used in coating operations added to 
the affected source pursuant to Sec.  63.3082(c):
    (1) Adhesive and sealer materials that are not components of glass 
bonding systems are subject to and must be included in your 
demonstration of compliance for paragraph (c) of this section.
    (2) Deadener materials are subject to and must be included in your 
demonstration of compliance for paragraph (d) of this section.
    (3) All other coatings and thinners are subject to and must be 
included in your demonstration of compliance for paragraphs (a) or (b) 
of this section.
    (f) If your facility has multiple paint lines (e.g., two or more 
totally distinct paint lines each serving a distinct assembly line, or 
a facility with two or more paint lines sharing the same paint kitchen 
or mix room), then for the operations addressed in paragraphs (a) and 
(b) of this section:
    (1) You may choose to use a single grouping under paragraph (a) of 
this section for all of your electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations.
    (2) You may choose to use a single grouping under paragraph (b) of 
this section for all of your primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive operations, as long as 
each of your electrodeposition primer systems meets the operating 
limits of Sec.  63.3092(a) or (b).
    (3) You may choose to use one or more groupings under paragraph (a) 
of this section for the electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations from one or more of your paint lines; and one or more 
groupings under paragraph (b) of this section for the primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations from the remainder of your paint lines, as long as each 
electrodeposition primer system associated with each paint line you 
include in a grouping under paragraph (b) of this section meets the 
operating limits of Sec.  63.3092(a) or (b). For example, if your 
facility has three paint lines, you may choose to use one grouping 
under paragraph (a) of this section for two of the paint lines and a 
separate grouping under paragraph (b) of this section for the third 
paint line, as long as the electrodeposition primer system associated 
with the paint line you include in the grouping under paragraph (b) of 
this section meets the operating limits of Sec.  63.3092(a) or (b). 
Alternatively, you may choose to use one grouping for two of the paint 
lines and a separate grouping of the same type for the third paint 
line. Again, each electrodeposition primer system associated with each 
paint line you include in a grouping under paragraph (b) of this 
section must meet the operating limits of Sec.  63.3092(a) or (b).
    (4) You may choose to consider the electrodeposition primer, 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations from each of your paint lines as a separate 
grouping under either paragraph (a) or paragraph (b) of this section. 
The electrodeposition primer system associated with each paint line you 
choose to consider in a grouping under paragraph (b) of this section 
must meet the operating limits of Sec.  63.3092(a) or (b). For example, 
if your facility has two paint lines, you may choose to use the 
grouping under paragraph (a) of this section for one paint line and the 
grouping under paragraph (b) of this section for the other paint line.


Sec.  63.3092  How must I control emissions from my electrodeposition 
primer system if I want to comply with the combined primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
emission limit?

    If your electrodeposition primer system meets the requirements of 
either paragraph (a) or (b) of this section, you may choose to comply 
with the emission limits of Sec.  63.3090(b) or Sec.  63.3091(b) 
instead of the emission limits of Sec.  63.3090(a) or Sec.  63.3091(a).
    (a) Each individual material added to the electrodeposition primer 
system contains no more than:
    (1) 1.0 percent by weight of any organic HAP; and
    (2) 0.10 percent by weight of any organic HAP which is an 
Occupational Safety and Health Administration (OSHA)-defined carcinogen 
as specified in 29 CFR 1910.1200(d)(4).
    (b) Emissions from all bake ovens used to cure electrodeposition 
primers must be captured and ducted to a control device having a 
destruction or removal efficiency of at least 95 percent.


Sec.  63.3093  What operating limits must I meet?

    (a) You are not required to meet any operating limits for any 
coating operation(s) without add-on controls.
    (b) Except as provided in paragraph (d) of this section, for any 
controlled coating operation(s), you must meet the operating limits 
specified in Table 1 to this subpart. These operating limits apply to 
the emission capture and add-on control systems on the coating 
operation(s) for which you use this option, and you must establish the 
operating limits during the performance test according to the 
requirements in Sec.  63.3167. You must meet the operating limits at 
all times after you establish them.
    (c) If you choose to meet the emission limitations of Sec.  
63.3092(b) and the emission limits of Sec.  63.3090(b) or Sec.  
63.3091(b), then except as provided in paragraph (d) of this section, 
you must operate the capture system and add-on control device used to 
capture and control emissions from your

[[Page 22627]]

electrodeposition primer bake oven(s) so that they meet the operating 
limits specified in Table 1 to this subpart.
    (d) 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.  63.3094  What work practice standards must I meet?

    (a) [Reserved]
    (b) You must develop and implement a work practice plan to minimize 
organic HAP emissions from the storage, mixing, and conveying of 
coatings, thinners, and cleaning materials used in, and waste materials 
generated by, all coating operations for which emission limits are 
established under Sec.  63.3090(a) through (d) or Sec.  63.3091(a) 
through (d). The plan must specify practices and procedures to ensure 
that, at a minimum, the elements specified in paragraphs (b)(1) through 
(5) of this section are implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (2) The risk of spills of organic-HAP-containing coatings, 
thinners, cleaning materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (4) Mixing vessels, other than day tanks equipped with continuous 
agitation systems, 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) You must develop and implement a work practice plan to minimize 
organic HAP emissions from cleaning and from purging of equipment 
associated with all coating operations for which emission limits are 
established under Sec.  63.3090(a) through (d) or Sec.  63.3091(a) 
through (d).
    (1) The plan shall, at a minimum, address each of the operations 
listed in paragraphs (c)(1)(i) through (viii) of this section in which 
you use organic-HAP-containing materials or in which there is a 
potential for emission of organic HAP.
    (i) The plan must address vehicle body wipe emissions through one 
or more of the techniques listed in paragraphs (c)(1)(i)(A) through (E) 
of this section, or an approved alternative.
    (A) Use of solvent-moistened wipes.
    (B) Keeping solvent containers closed when not in use.
    (C) Keeping wipe disposal/recovery containers closed when not in 
use.
    (D) Use of tack-wipes.
    (E) Use of solvents containing less than 1 percent organic HAP by 
weight.
    (ii) The plan must address coating line purging emissions through 
one or more of the techniques listed in paragraphs (c)(1)(ii)(A) 
through (D) of this section, or an approved alternative.
    (A) Air/solvent push-out.
    (B) Capture and reclaim or recovery of purge materials (excluding 
applicator nozzles/tips).
    (C) Block painting to the maximum extent feasible.
    (D) Use of low-HAP or no-HAP solvents for purge.
    (iii) The plan must address emissions from flushing of coating 
systems through one or more of the techniques listed in paragraphs 
(c)(1)(iii)(A) through (D) of this section, or an approved alternative.
    (A) Keeping solvent tanks closed.
    (B) Recovering and recycling solvents.
    (C) Keeping recovered/recycled solvent tanks closed.
    (D) Use of low-HAP or no-HAP solvents.
    (iv) The plan must address emissions from cleaning of spray booth 
grates through one or more of the techniques listed in paragraphs 
(c)(1)(iv)(A) through (E) of this section, or an approved alternative.
    (A) Controlled burn-off.
    (B) Rinsing with high-pressure water (in place).
    (C) Rinsing with high-pressure water (off line).
    (D) Use of spray-on masking or other type of liquid masking.
    (E) Use of low-HAP or no-HAP content cleaners.
    (v) The plan must address emissions from cleaning of spray booth 
walls through one or more of the techniques listed in paragraphs 
(c)(1)(v)(A) through (E) of this section, or an approved alternative.
    (A) Use of masking materials (contact paper, plastic sheet, or 
other similar type of material).
    (B) Use of spray-on masking.
    (C) Use of rags and manual wipes instead of spray application when 
cleaning walls.
    (D) Use of low-HAP or no-HAP content cleaners.
    (E) Controlled access to cleaning solvents.
    (vi) The plan must address emissions from cleaning of spray booth 
equipment through one or more of the techniques listed in paragraphs 
(c)(1)(vi)(A) through (E) of this section, or an approved alternative.
    (A) Use of covers on equipment (disposable or reusable).
    (B) Use of parts cleaners (off-line submersion cleaning).
    (C) Use of spray-on masking or other protective coatings.
    (D) Use of low-HAP or no-HAP content cleaners.
    (E) Controlled access to cleaning solvents.
    (vii) The plan must address emissions from cleaning of external 
spray booth areas through one or more of the techniques listed in 
paragraphs (c)(1)(vii)(A) through (F) of this section, or an approved 
alternative.
    (A) Use of removable floor coverings (paper, foil, plastic, or 
similar type of material).
    (B) Use of manual and/or mechanical scrubbers, rags, or wipes 
instead of spray application.
    (C) Use of shoe cleaners to eliminate coating track-out from spray 
booths.
    (D) Use of booties or shoe wraps.
    (E) Use of low-HAP or no-HAP content cleaners.
    (F) Controlled access to cleaning solvents.
    (viii) The plan must address emissions from housekeeping measures 
not addressed in paragraphs (c)(1)(i) through (vii) of this section 
through one or more of the techniques listed in paragraphs 
(c)(1)(viii)(A) through (C) of this section, or an approved 
alternative.
    (A) Keeping solvent-laden articles (cloths, paper, plastic, rags, 
wipes, and similar items) in covered containers when not in use.
    (B) Storing new and used solvents in closed containers.
    (C) Transferring of solvents in a manner to minimize the risk of 
spills.
    (2) Notwithstanding the requirements of paragraphs (c)(1)(i) 
through (viii) of this section, if the type of coatings used in any 
facility with surface coating operations subject to the requirements of 
this section are of such a nature that the need for one or more of the 
practices specified under paragraphs (c)(1)(i) through (viii) is 
eliminated, then the plan may include approved alternative or 
equivalent measures that are applicable or necessary during cleaning of 
storage, conveying, and application equipment.
    (d) As provided in Sec.  63.6(g), we, the Environmental Protection 
Agency (EPA), may choose to grant you permission to use an alternative 
to the work practice standards in this section.
    (e) The work practice plans developed in accordance with paragraphs 
(b) and

[[Page 22628]]

(c) of this section are not required to be incorporated in your title V 
permit. Any revisions to the work practice plans developed in 
accordance with paragraphs (b) and (c) of this section do not 
constitute revisions to your title V permit.
    (f) Copies of the current work practice plans developed in 
accordance with paragraphs (b) and (c) of this section, as well as 
plans developed within the preceding 5 years must be available on-site 
for inspection and copying by the permitting authority.

General Compliance Requirements


Sec.  63.3100  What are my general requirements for complying with this 
subpart?

    (a) You must be in compliance with the emission limitations in 
Sec. Sec.  63.3090 and 63.3091 at all times, as determined on a monthly 
basis.
    (b) The coating operations must be in compliance with the operating 
limits for emission capture systems and add-on control devices required 
by Sec.  63.3093 at all times except during periods of startup, 
shutdown, and malfunction.
    (c) You must be in compliance with the work practice standards in 
Sec.  63.3094 at all times.
    (d) 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).
    (e) You must maintain a log detailing the operation and maintenance 
of the emission capture systems, add-on control devices, and continuous 
parameter monitoring systems (CPMS) during the period between the 
compliance date specified for your affected source in Sec.  63.3083 and 
the date when the initial emission capture system and add-on control 
device performance tests have been completed, as specified in Sec.  
63.3160.
    (f) If your affected source uses emission capture systems and add-
on control devices, you must develop and implement a written startup, 
shutdown, and malfunction plan (SSMP) according to the provisions in 
Sec.  63.6(e)(3). The SSMP must address startup, shutdown, and 
corrective actions in the event of a malfunction of the emission 
capture system or the add-on control devices.


Sec.  63.3101  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.  63.3110  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 June 25, 
2004, whichever is later. For an existing affected source, you must 
submit the Initial Notification no later than 1 year after April 26, 
2004. Existing sources that have previously submitted notifications of 
applicability of this rule pursuant to Sec.  112(j) of the CAA are not 
required to submit an initial notification under Sec.  63.9(b) except 
to identify and describe all additions to the affected source made 
pursuant to Sec.  63.3082(c).
    (c) Notification of compliance status. If you have an existing 
source, you must submit the Notification of Compliance Status required 
by Sec.  63.9(h) no later than 30 days following the end of the initial 
compliance period described in Sec.  63.3160. If you have a new source, 
you must submit the Notification of Compliance Status required by Sec.  
63.9(h) no later than 60 days after the first day of the first full 
month following completion of all applicable performance tests. The 
Notification of Compliance Status must contain the information 
specified in paragraphs (c)(1) through (12) 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.  63.3160 that applies to your affected source.
    (4) Identification of the compliance option specified in Sec.  
63.3090(a) or (b) or Sec.  63.3091(a) or (b) that you used for 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) in the affected source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description and statement of the cause of the deviation.
    (ii) If you failed to meet any of the applicable emission limits in 
Sec.  63.3090 or Sec.  63.3091, include all the calculations you used 
to determine the applicable emission rate or applicable average organic 
HAP content for the emission limit(s) that you failed to meet. You do 
not need to submit information provided by the materials suppliers or 
manufacturers, or test reports.
    (7) All data and calculations used to determine the monthly average 
mass of organic HAP emitted per volume of applied coating solids from:
    (i) The combined primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) if you were eligible for and chose to comply with the 
emission limits of Sec.  63.3090(b) or Sec.  63.3091(b); or
    (ii) The combined electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
operations plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec.  63.3082(c).
    (8) All data and calculations used to determine compliance with the 
separate limits for electrodeposition primer in Sec.  63.3092(a) or (b) 
if you were eligible for and chose to comply with the emission limits 
of Sec.  63.3090(b) or Sec.  63.3091(b).
    (9) All data and calculations used to determine the monthly mass 
average HAP content of materials subject to the emission limits of 
Sec.  63.3090(c) or (d) or the emission limits of Sec.  63.3091(c) or 
(d).
    (10) All data and calculations used to determine the transfer 
efficiency for primer-surfacer and topcoat coatings, and for all 
coatings, except for deadener and for adhesive and sealer that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c).

[[Page 22629]]

    (11) You must include the information specified in paragraphs 
(c)(11)(i) through (iii) of this section.
    (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 procedure 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 
unless requested.
    (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.
    (12) A statement of whether or not you developed and implemented 
the work practice plans required by Sec.  63.3094(b) and (c).


Sec.  63.3120  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 (9) of this section. The 
semiannual compliance reporting requirements may be satisfied by 
reports required under other parts of the CAA, as specified in 
paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec.  63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section.
    (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.  63.3160 that applies to 
your affected source and ends on June 30 or December 31, whichever 
occurs first following the end of the initial compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 
or the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (iv) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of according to the date specified in paragraph (a)(1)(iii) of 
this section.
    (2) Inclusion with title V report. If you have obtained a title V 
operating permit pursuant to 40 CFR part 70 or 40 CFR part 71, you must 
report all deviations as defined in this subpart in the semiannual 
monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A). If you submit 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 limit, 
operating limit, or work practice in this subpart, its submission shall 
be deemed to satisfy any obligation to report the same deviations in 
the semiannual monitoring report. However, submission of a semiannual 
compliance report shall not otherwise affect any obligation you 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 (iv) 
of this section, and the information specified in paragraphs (a)(4) 
through (9) and (c)(1) of this section that are 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.
    (iv) Identification of the compliance option specified in Sec.  
63.3090(b) or Sec.  63.3091(b) that you used for electrodeposition 
primer, primer-surfacer, topcoat, final repair, glass bonding primer, 
and glass bonding adhesive operations plus all coatings and thinners, 
except for deadener materials and for adhesive and sealer materials 
that are not components of glass bonding systems, used in coating 
operations added to the affected source pursuant to Sec.  63.3082(c) in 
the affected source during the initial compliance period.
    (4) No deviations. If there were no deviations from the emission 
limitations, operating limits, or work practices in Sec. Sec.  63.3090, 
63.3091, 63.3092, 63.3093, and 63.3094 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 control devices to comply with the emission limits, 
and there were no periods during which the 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: adhesive, sealer, and deadener. If there was a 
deviation from the applicable emission limits in Sec.  63.3090(c) and 
(d) or Sec.  63.3091(c) and (d), the semiannual compliance report must 
contain the information in paragraphs (a)(5)(i) through (iv) of this 
section.
    (i) The beginning and ending dates of each month during which the 
monthly average organic HAP content exceeded the applicable emission 
limit in Sec.  63.3090(c) and (d) or Sec.  63.3091(c) and (d).
    (ii) The volume and organic HAP content of each material used that 
is subject to the applicable organic HAP content limit.
    (iii) The calculation used to determine the average monthly organic 
HAP content for the month in which the deviation occurred.
    (iv) The reason for the deviation.
    (6) Deviations: combined electrodeposition primer, primer-surfacer, 
topcoat, final repair, glass bonding primer and glass bonding adhesive, 
or combined primer-surfacer, topcoat, final repair, glass bonding 
primer, and glass bonding adhesive plus all coatings and thinners, 
except for deadener materials and for adhesive and sealer materials 
that are not components of glass bonding systems, used in coating 
operations added to the affected source pursuant to Sec.  63.3082(c). 
If there was a deviation from the applicable emission limits in Sec.  
63.3090(a) or (b) or Sec.  63.3091(a) or (b),

[[Page 22630]]

the semiannual compliance report must contain the information in 
paragraphs (a)(6)(i) through (xiv) of this section.
    (i) The beginning and ending dates of each month during which the 
monthly organic HAP emission rate from combined electrodeposition 
primer, primer-surfacer, topcoat, final repair, glass bonding primer, 
and glass bonding adhesive plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) exceeded the 
applicable emission limit in Sec.  63.3090(a) or Sec.  63.3091(a); or 
the monthly organic HAP emission rate from combined primer-surfacer, 
topcoat, final repair, glass bonding primer, and glass bonding adhesive 
plus all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec.  63.3082(c) exceeded the applicable emission limit in 
Sec.  63.3090(b) or Sec.  63.3091(b).
    (ii) The calculation used to determine the monthly organic HAP 
emission rate in accordance with Sec.  63.3161 or Sec.  63.3171. You do 
not need to submit the background data supporting these calculations, 
for example information provided by materials suppliers or 
manufacturers, or test reports.
    (iii) The date and time that any malfunctions of the capture system 
or add-on control devices used to control emissions from these 
operations started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vii) The date and time period 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 each bypass 
of an 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 and the percent of the total 
source operating time of the deviations from each operating limit in 
Table 1 to this subpart and the bypass of each add-on control device 
during the semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from each 
operating limit in Table 1 to this subpart and bypasses of each 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 and the percent of the total 
source operating time of the downtime for each CPMS during the 
semiannual reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control devices 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.
    (7) Deviations: separate electrodeposition primer organic HAP 
content limit. If you used the separate electrodeposition primer 
organic HAP content limits in Sec.  63.3092(a), and there was a 
deviation from these limits, the semiannual compliance report must 
contain the information in paragraphs (a)(7)(i) through (iii) of this 
section.
    (i) Identification of each material used that deviated from the 
emission limit, and the dates and time periods each was used.
    (ii) The determination of mass fraction of each organic HAP for 
each material identified in paragraph (a)(7)(i) of this section. You do 
not need to submit background data supporting this calculation, for 
example, information provided by material suppliers or manufacturers, 
or test reports.
    (iii) A statement of the cause of each deviation.
    (8) Deviations: separate electrodeposition primer bake oven capture 
and control limitations. If you used the separate electrodeposition 
primer bake oven capture and control limitations in Sec.  63.3092(b), 
and there was a deviation from these limitations, the semiannual 
compliance report must contain the information in paragraphs (a)(8)(i) 
through (xii) of this section.
    (i) The beginning and ending dates of each month during which there 
was a deviation from the separate electrodeposition primer bake oven 
capture and control limitations in Sec.  63.3092(b).
    (ii) The date and time that any malfunctions of the capture systems 
or control devices used to control emissions from the electrodeposition 
primer bake oven started and stopped.
    (iii) A brief description of the CPMS.
    (iv) The date of the latest CPMS certification or audit.
    (v) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vi) The date, time, and duration that each CPMS was out of 
control, including the information in Sec.  63.8(c)(8).
    (vii) The date and time period of each deviation from an operating 
limit in Table 1 to this subpart; date and time period of each bypass 
of an add-on control device; and whether each deviation occurred during 
a period of startup, shutdown, or malfunction or during another period.
    (viii) A summary of the total duration and the percent of the total 
source operating time of the deviations from each operating limit in 
Table 1 to this subpart and the bypasses of each add-on control device 
during the semiannual reporting period.
    (ix) A breakdown of the total duration of the deviations from each 
operating limit in Table 1 to this subpart and bypasses of each 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.
    (x) A summary of the total duration and the percent of the total 
source operating time of the downtime for each CPMS during the 
semiannual reporting period.
    (xi) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control devices since the last 
semiannual reporting period.
    (xii) A statement of the cause of each deviation.
    (9) Deviations: work practice plans. If there was a deviation from 
an applicable work practice plan developed in accordance with Sec.  
63.3094(b) or (c), the semiannual compliance report must contain the 
information in paragraphs (a)(9)(i) through (iii) of this section.
    (i) The time period during which each deviation occurred.
    (ii) The nature of each deviation.
    (iii) The corrective action(s) taken to bring the applicable work 
practices into compliance with the work practice plan.
    (b) Performance test reports. If you use add-on control devices, 
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). You must submit 
reports of transfer efficiency

[[Page 22631]]

tests no later than 60 days after completing the tests as specified in 
Sec.  63.10(d)(2).
    (c) Startup, shutdown, and malfunction reports. If you used add-on 
control devices and you had a startup, shutdown, or malfunction during 
the semiannual reporting period, you must submit the reports specified 
in paragraphs (c)(1) and (2) of this section.
    (1) If your actions were consistent with your SSMP, you must 
include the information specified in Sec.  63.10(d) in the semiannual 
compliance report required by paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate startup, shutdown, and malfunction report as 
described in paragraphs (c)(2)(i) and (ii) of this section.
    (i) You must describe the actions taken during the event in a 
report delivered by facsimile, telephone, or other means to the 
Administrator within 2 working days after starting actions that are 
inconsistent with the 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.  63.3130  What records must I keep?

    You must collect and keep records of the data and information 
specified in this section. Failure to collect and keep these records is 
a deviation from the applicable standard.
    (a) A copy of each notification and report that you submitted to 
comply with this subpart, and the documentation supporting each 
notification and report.
    (b) A current copy of information provided by materials suppliers 
or manufacturers, such as manufacturer's formulation data, or test data 
used to determine the mass fraction of organic HAP, the density and the 
volume fraction of coating solids for each coating, the mass fraction 
of organic HAP and the density for each thinner, and the mass fraction 
of organic HAP for each cleaning material. If you conducted testing to 
determine mass fraction of organic HAP, density, or volume fraction of 
coating solids, you must keep a copy of the complete test report. If 
you use information provided to you by the manufacturer or supplier of 
the material that was based on testing, you must keep the summary sheet 
of results provided to you by the manufacturer or supplier. If you use 
the results of an analysis conducted by an outside testing lab, you 
must keep a copy of the test report. You are not required to obtain the 
test report or other supporting documentation from the manufacturer or 
supplier.
    (c) For each month, the records specified in paragraphs (c)(1) 
through (6) of this section.
    (1) For each coating used for electrodeposition primer, primer-
surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations and for each coating, except for deadener 
and for adhesive and sealer that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec.  63.3082(c), a record of the volume used in each 
month, the mass fraction organic HAP content, the density, and the 
volume fraction of solids.
    (2) For each thinner used for electrodeposition primer, primer-
surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations and for each thinner, except for thinner 
used for deadener and for adhesive and sealer that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec.  63.3082(c), a record of the volume 
used in each month, the mass fraction organic HAP content, and the 
density.
    (3) For each deadener material and for each adhesive and sealer 
material, a record of the mass used in each month and the mass organic 
HAP content.
    (4) A record of the calculation of the organic HAP emission rate 
for electrodeposition primer, primer-surfacer, topcoat, final repair, 
glass bonding primer, and glass bonding adhesive plus all coatings and 
thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) for each month if subject to the emission limit of Sec.  
63.3090(a) or Sec.  63.3091(a). This record must include all raw data, 
algorithms, and intermediate calculations. If the guidelines presented 
in the ``Protocol for Determining Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,'' 
EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-
22), are used, you must keep records of all data input to this 
protocol. If these data are maintained as electronic files, the 
electronic files, as well as any paper copies must be maintained. These 
data must be provided to the permitting authority on request on paper, 
and in (if calculations are done electronically) electronic form.
    (5) A record of the calculation of the organic HAP emission rate 
for primer-surfacer, topcoat, final repair, glass bonding primer, and 
glass bonding adhesive plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) for each month if 
subject to the emission limit of Sec.  63.3090(b) or Sec.  63.3091(b), 
and a record of the weight fraction of each organic HAP in each 
material added to the electrodeposition primer system if subject to the 
limitations of Sec.  63.3092(a). This record must include all raw data, 
algorithms, and intermediate calculations. If the guidelines presented 
in the ``Protocol for Determining Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,'' 
EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-
22), are used, you must keep records of all data input to this 
protocol. If these data are maintained as electronic files, the 
electronic files, as well as any paper copies must be maintained. These 
data must be provided to the permitting authority on request on paper, 
and in (if calculations are done electronically) electronic form.
    (6) A record, for each month, of the calculation of the average 
monthly mass organic HAP content of:
    (i) Sealers and adhesives; and
    (ii) Deadeners.
    (d) A record of the name and volume of each cleaning material used 
during each month.
    (e) A record of the mass fraction of organic HAP for each cleaning 
material used during each month.
    (f) A record of the density for each cleaning material used during 
each month.
    (g) A record of the date, time, and duration of each deviation, and 
for each deviation, a record of whether the deviation occurred during a 
period of startup, shutdown, or malfunction.
    (h) The records required by Sec.  63.6(e)(3)(iii) through (v) 
related to startup, shutdown, and malfunction.
    (i) 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.  63.3165(a).

[[Page 22632]]

    (j) 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.  63.3164 and 63.3165(b) through 
(g), including the records specified in paragraphs (j)(1) through (4) 
of this section that apply to you.
    (1) Records for a liquid-to-uncaptured-gas protocol using a 
temporary total enclosure or building enclosure. Records of the mass of 
total volatile hydrocarbon (TVH), as measured by Method 204A or F of 
appendix M to 40 CFR part 51, for each material used in the coating 
operation, and the total TVH for all materials used during each capture 
efficiency test run, including a copy of the test report. Records of 
the mass of TVH emissions not captured by the capture system that 
exited the temporary total enclosure or building enclosure during each 
capture efficiency test run, as measured by Method 204D or E of 
appendix M to 40 CFR part 51, including a copy of the test report. 
Records documenting that the enclosure used for the capture efficiency 
test met the criteria in Method 204 of appendix M to 40 CFR part 51 for 
either a temporary total enclosure or a building enclosure.
    (2) Records for a gas-to-gas protocol using a temporary total 
enclosure or a building enclosure. Records of the mass of TVH emissions 
captured by the emission capture system, as measured by Method 204B or 
C of appendix M to 40 CFR part 51, at the inlet to the add-on control 
device, including a copy of the test report. Records of the mass of TVH 
emissions not captured by the capture system that exited the temporary 
total enclosure or building enclosure during each capture efficiency 
test run, as measured by Method 204D or E of appendix M to 40 CFR part 
51, including a copy of the test report. Records documenting that the 
enclosure used for the capture efficiency test met the criteria in 
Method 204 of appendix M to 40 CFR part 51 for either a temporary total 
enclosure or a building enclosure.
    (3) Records for panel tests. Records needed to document a capture 
efficiency determination using a panel test as described in Sec.  
63.3165(e) and (g), including a copy of the test report and 
calculations performed to convert the panel test results to percent 
capture efficiency values.
    (4) Records for an alternative protocol. Records needed to document 
a capture efficiency determination using an alternative method or 
protocol, as specified in Sec.  63.3165(f), if applicable.
    (k) The records specified in paragraphs (k)(1) and (2) of this 
section for each add-on control device organic HAP destruction or 
removal efficiency determination as specified in Sec.  63.3166.
    (1) Records of each add-on control device performance test 
conducted according to Sec. Sec.  63.3164 and 63.3166.
    (2) 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.
    (l) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as 
specified in Sec.  63.3167 and to document compliance with the 
operating limits as specified in Table 1 to this subpart.
    (m) Records of the data and calculations you used to determine the 
transfer efficiency for primer-surfacer and topcoat coatings and for 
all coatings, except for deadener and for adhesive and sealer that are 
not components of glass bonding systems, used in coating operations 
added to the affected source pursuant to Sec.  63.3082(c).
    (n) A record of the work practice plans required by Sec.  
63.3094(b) and (c) and documentation that you are implementing the 
plans on a continuous basis. Appropriate documentation may include 
operational and maintenance records, records of documented inspections, 
and records of internal audits.
    (o) Records pertaining to the design and operation of control and 
monitoring systems must be maintained on-site for the life of the 
equipment in a location readily available to plant operators and 
inspectors.


Sec.  63.3131  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) Except as provided in Sec.  63.3130(o), you must keep each 
record for 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record, as specified in 
Sec.  63.10(b)(1).
    (c) Except as provided in Sec.  63.3130(o), 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 Adhesive, Sealer, and Deadener


Sec.  63.3150  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.  
63.3151. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3083 and ends on the last day of 
the 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 
month. You must determine the mass average organic HAP content of the 
materials used each month for each group of materials for which an 
emission limitation is established in Sec.  63.3090(c) and (d) or Sec.  
63.3091(c) and (d). The initial compliance demonstration includes the 
calculations according to Sec.  63.3151 and supporting documentation 
showing that during the initial compliance period, the mass average 
organic HAP content for each group of materials was equal to or less 
than the applicable emission limits in Sec.  63.3090(c) and (d) or 
Sec.  63.3091(c) and (d).


Sec.  63.3151  How do I demonstrate initial compliance with the 
emission limitations?

    You must separately calculate the mass average organic HAP content 
of the materials used during the initial compliance period for each 
group of materials for which an emission limit is established in Sec.  
63.3090(c) and (d) or Sec.  63.3091(c) and (d). If every individual 
material used within a group of materials meets the emission limit for 
that group of materials, you may demonstrate compliance with that 
emission limit by documenting the name and the organic HAP content of 
each material used during the initial compliance period. If any 
individual material used within a group of materials exceeds the 
emission limit for that group of materials, you must determine the mass 
average organic HAP content according to the procedures of paragraph 
(d) of this section.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
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

[[Page 22633]]

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 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., 
0.7638 truncates to 0.763).
    (2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP that is present at 0.1 percent by mass or more for OSHA-defined 
carcinogens, as specified in 29 CFR 1910.1200(d)(4), and at 1.0 percent 
by mass or more for other compounds. For example, if toluene (not an 
OSHA carcinogen) is 0.5 percent of the material by mass, you do not 
have to count it. If there is a disagreement between such information 
and results of a test conducted according to paragraphs (a)(1) through 
(3) of this section, then the test method results will take precedence, 
unless after consultation, the facility demonstrates to the 
satisfaction of the enforcement authority that the facility's 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 
neither test data nor manufacturer's data for solvent blends are 
available, you may use the default values for the mass fraction of 
organic HAP in the solvent blends listed in Table 3 or 4 to this 
subpart. If you use the tables, you must use the values in Table 3 for 
all solvent blends that match Table 3 entries, and you may only use 
Table 4 if the solvent blends in the materials you use do not match any 
of the solvent blends in Table 3 and you only know whether the blend is 
aliphatic or aromatic. However, if the results of a Method 311 test 
indicate higher values than those listed on Table 3 or 4 to this 
subpart, the Method 311 results will take precedence, unless after 
consultation, the facility demonstrates to the satisfaction of the 
enforcement authority that the data from Table 3 or 4 are correct.
    (b) Determine the density of each material used. Determine the 
density of each material used during the compliance period from test 
results using ASTM Method D1475-98 (Reapproved 2003), ``Standard Test 
Method for Density of Liquid Coatings, Inks, and Related Products'' 
(incorporated by reference, see Sec.  63.14), or for powder coatings, 
test method A or test method B of ASTM Method D5965-02, ``Standard Test 
Methods for Specific Gravity of Coating Powders,'' (incorporated by 
reference, see Sec.  63.14), or information from the supplier or 
manufacturer of the material. If there is disagreement between ASTM 
Method D1475-98 (Reapproved 2003) test results or ASTM Method D5965-02, 
test method A or test method B test results and the supplier's or 
manufacturer's information, the test results will take precedence 
unless after consultation, the facility demonstrates to the 
satisfaction of the enforcement authority that the facility's data are 
correct.
    (c) Determine the volume of each material used. Determine the 
volume (liters) of each material used during each month by measurement 
or usage records.
    (d) Determine the mass average organic HAP content for each group 
of materials. Determine the mass average organic HAP content of the 
materials used during the initial compliance period for each group of 
materials for which an emission limit is established in Sec.  
63.3090(c) and (d) or Sec.  63.3091(c) and (d), using Equations 1 and 2 
of this section.
    (1) Calculate the mass average organic HAP content of adhesive and 
sealer materials other than components of the glass bonding system used 
in the initial compliance period using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.034

Where:

Cavg,as = Mass average organic HAP content of adhesives and 
sealer materials used, kg/kg.
Vol as, j = Volume of adhesive or sealer 
material, j, used, liters.
D as, j = Density of adhesive or sealer material, 
j, used, kg per liter.
W as, j = Mass fraction of organic HAP in 
adhesive or sealer material, j, kg/kg.
r = Number of adhesive and sealer materials used.

    (2) Calculate the mass average organic HAP content of deadener 
materials used in the initial compliance period using Equation 2 of 
this section:

[[Page 22634]]

[GRAPHIC] [TIFF OMITTED] TR26AP04.035

Where:

C avg,d = Mass average organic HAP content of deadener 
material used, kg/kg.
Vol d,m = Volume of deadener material, m, used, liters.
D d,m = Density of deadener material, m, used, kg per liter.
W d,m = Mass fraction of organic HAP in deadener material, 
m, kg/kg.
s = Number of deadener materials used.

    (e) Compliance demonstration. The mass average organic HAP content 
for the compliance period must be less than or equal to the applicable 
emission limit in Sec.  63.3090(c) and (d) or Sec.  63.3091(c) and (d). 
You must keep all records as required by Sec. Sec.  63.3130 and 
63.3131. As part of the Notification of Compliance Status required by 
Sec.  63.3110, you must submit a statement that the coating operations 
were in compliance with the emission limitations during the initial 
compliance period because the mass average organic HAP content was less 
than or equal to the applicable emission limits in Sec.  63.3090(c) and 
(d) or Sec.  63.3091(c) and (d), determined according to this section.


Sec.  63.3152  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance, the mass average organic 
HAP content for each compliance period, determined according to Sec.  
63.3151(a) through (d), must be less than or equal to the applicable 
emission limit in Sec.  63.3090(c) and (d) or Sec.  63.3091(c) and (d). 
A compliance period consists of 1 month. Each month after the end of 
the initial compliance period described in Sec.  63.3150 is a 
compliance period consisting of that month.
    (b) If the mass average organic HAP emission content for any 
compliance period exceeds the applicable emission limit in Sec.  
63.3090(c) and (d) or Sec.  63.3091(c) and (d), this is a deviation 
from the emission limitations for that compliance period and must be 
reported as specified in Sec. Sec.  63.3110(c)(6) and 63.3120(a)(5).
    (c) You must maintain records as specified in Sec. Sec.  63.3130 
and 63.3131.

Compliance Requirements for the Combined Electrodeposition Primer, 
Primer-Surfacer, Topcoat, Final Repair, Glass Bonding Primer, and Glass 
Bonding Adhesive Emission Limitations


Sec.  63.3160  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.  63.3083. You must conduct a performance test of 
each capture system and add-on control device according to Sec. Sec.  
63.3164 through 63.3166 and establish the operating limits required by 
Sec.  63.3093 no later than 180 days after the applicable compliance 
date specified in Sec.  63.3083.
    (2) You must develop and begin implementing the work practice plans 
required by Sec.  63.3094(b) and (c) no later than the compliance date 
specified in Sec.  63.3083.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3161. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3083 and ends on the last day of 
the 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 
month. You must determine the mass of organic HAP emissions and volume 
of coating solids deposited in 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.  63.3164 through 63.3166; supporting 
documentation showing that during the initial compliance period the 
organic HAP emission rate was equal to or less than the emission limit 
in Sec.  63.3090(a); the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec.  63.3168; and documentation of whether you 
developed and implemented the work practice plans required by Sec.  
63.3094(b) and (c).
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.3093 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 CPMS 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.
    (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.  63.3083. You must conduct a performance test of 
each capture system and add-on control device according to the 
procedures in Sec. Sec.  63.3164 through 63.3166 and establish the 
operating limits required by Sec.  63.3093 no later than the compliance 
date specified in Sec.  63.3083.
    (2) You must develop and begin implementing the work practice plans 
required by Sec.  63.3094(b) and (c) no later than the compliance date 
specified in Sec.  63.3083.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3161. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3083 and ends on the last day of 
the 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 
month. You must determine the mass of organic HAP emissions and volume 
of coating solids deposited during 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.  63.3164 through 63.3166;

[[Page 22635]]

supporting documentation showing that during the initial compliance 
period the organic HAP emission rate was equal to or less than the 
emission limits in Sec.  63.3091(a); the operating limits established 
during the performance tests and the results of the continuous 
parameter monitoring required by Sec.  63.3168; and documentation of 
whether you developed and implemented the work practice plans required 
by Sec.  63.3094(b) and (c).
    (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 (either a previous stack test or a previous panel test) or 
control device. You are not required to conduct an initial test to 
determine transfer efficiency if you receive approval to use the 
results of a test that has been previously conducted. Any such previous 
tests must meet the conditions described in paragraphs (c)(1) through 
(3) of this section.
    (1) The previous test must have been conducted using the methods 
and conditions specified in this subpart.
    (2) Either no process or equipment changes have been made since the 
previous test was performed or the owner or operator must be able to 
demonstrate that the results of the performance test reliably 
demonstrate compliance despite process or equipment changes.
    (3) Either the required operating parameters were established in 
the previous test or sufficient data were collected in the previous 
test to establish the required operating parameters.


Sec.  63.3161  How do I demonstrate initial compliance?

    (a) You must meet all of the requirements of this section to 
demonstrate initial compliance. To demonstrate initial compliance, the 
organic HAP emissions from the combined electrodeposition primer, 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) must meet the 
applicable emission limitation in Sec.  63.3090(a) or Sec.  63.3091(a).
    (b) Compliance with operating limits. Except as provided in Sec.  
63.3160(a)(4), you must establish and demonstrate continuous compliance 
during the initial compliance period with the operating limits required 
by Sec.  63.3093, using the procedures specified in Sec. Sec.  63.3167 
and 63.3168.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plans 
required by Sec.  63.3094(b) and (c) during the initial compliance 
period, as specified in Sec.  63.3130.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (o) of this section to demonstrate compliance 
with the applicable emission limit in Sec.  63.3090(a) or Sec.  
63.3091(a). You may also use the guidelines presented in ``Protocol for 
Determining Daily Volatile Organic Compound Emission Rate of Automobile 
and Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-018 (Docket ID 
No. OAR-2002-0093 and Docket ID No. A-2001-22) in making this 
demonstration.
    (e) Determine the mass fraction of organic HAP, density and volume 
used. Follow the procedures specified in Sec.  63.3151(a) through (c) 
to determine the mass fraction of organic HAP and the density and 
volume of each coating and thinner used during each month.
    (f) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liter of coating solids per liter of coating) for each coating used 
during the compliance period by a test or by information provided by 
the supplier or the manufacturer of the material, as specified in 
paragraphs (f)(1) and (2) of this section. If test results obtained 
according to paragraph (f)(1) of this section do not agree with the 
information obtained under paragraph (f)(2) of this section, the test 
results will take precedence unless after consultation, the facility 
demonstrates to the satisfaction of the enforcement authority that the 
facility's data are correct.
    (1) ASTM Method D2697-86 (Reapproved 1998) or ASTM Method D6093-97 
(Reapproved 2003). You may use ASTM Method D2697-86 (Reapproved 1998), 
``Standard Test Method for Volume Nonvolatile Matter in Clear or 
Pigmented Coatings'' (incorporated by reference, see Sec.  63.14), or 
ASTM Method D6093-97 (Reapproved 2003), ``Standard Test Method for 
Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using 
a Helium Gas Pycnometer'' (incorporated by reference, see Sec.  63.14), 
to determine the volume fraction of coating solids for each coating. 
Divide the nonvolatile volume percent obtained with the methods by 100 
to calculate volume fraction of coating solids.
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (g) Determine the transfer efficiency for each coating. You must 
determine the transfer efficiency for each primer-surfacer and topcoat 
coating, and for all coatings, except for deadener and for adhesive and 
sealer that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) using ASTM Method D5066-91 (Reapproved 2001), ``Standard 
Test Method for Determination of the Transfer Efficiency Under 
Production Conditions for Spray Application of Automotive Paints-Weight 
Basis'' (incorporated by reference, see Sec.  63.14), or the guidelines 
presented in ``Protocol for Determining Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,'' 
EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-
22). You may conduct transfer efficiency testing on representative 
coatings and for representative spray booths as described in ``Protocol 
for Determining Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-018 
(Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22). You may 
assume 100 percent transfer efficiency for electrodeposition primer 
coatings, glass bonding primers, and glass bonding adhesives. For final 
repair coatings, you may assume 40 percent transfer efficiency for air 
atomized spray and 55 percent transfer efficiency for electrostatic 
spray and high volume, low pressure spray.
    (h) Calculate the total mass of organic HAP emissions before add-on 
controls. Calculate the total mass of organic HAP emissions before 
consideration of add-on controls from all coatings and thinners used 
during each month in the combined electrodeposition primer, primer-
surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) using Equation 1 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.000

Where:


[[Page 22636]]


HBC = Total mass of organic HAP emissions before 
consideration of add-on controls during the month, kg.
A = Total mass of organic HAP in the coatings used during the month, 
kg, as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners used during the month, 
kg, as calculated in Equation 1B of this section.

    (1) Calculate the kg organic HAP in the coatings used during the 
month using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.001

Where:

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

    (2) Calculate the kg of organic HAP in the thinners used during the 
month using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.002

Where:

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

    (i) 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 captured by the emission capture system and 
destroyed or removed by the add-on control device. Use the procedures 
in paragraph (j) 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 (k) of this section to calculate the organic 
HAP emission reduction.
    (j) Calculate the organic HAP emission reduction for each 
controlled coating operation not using liquid-liquid material balances. 
For each controlled coating operation using an emission capture system 
and add-on control device other than a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate the mass 
of organic HAP emission reduction for the controlled coating operation, 
excluding all periods of time in which a deviation, including a 
deviation during a period of startup, shutdown, or malfunction, from an 
operating limit or from any CPMS requirement for the capture system or 
control device serving the controlled coating operation occurred, 
during the month using Equation 2 of this section. The calculation of 
mass of organic HAP emission reduction for the controlled coating 
operation during the month applies the emission capture system 
efficiency and add-on control device efficiency to the mass of organic 
HAP contained in the coatings and thinners that are used in the coating 
operation served by the emission capture system and add-on control 
device during each month. Except as provided in paragraph (p) of this 
section, for any period of time in which a deviation, including a 
deviation during a period of startup, shutdown, or malfunction, from an 
operating limit or from any CPMS requirement of the capture system or 
control device serving the controlled coating operation occurred, you 
must assume zero efficiency for the emission capture system and add-on 
control device. Equation 2 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] TR26AP04.003

Where:

HCn = Mass of organic HAP emission reduction, excluding all 
periods of time in which a deviation, including a deviation during a 
period of startup, shutdown, or malfunction, from an operating limit or 
from any CPMS requirement for the capture system or control device 
serving the controlled coating operation occurred, 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 2A of this section.
BC = Total mass of organic HAP in the thinners used in the 
controlled coating operation during the month, kg, as calculated in 
Equation 2B of this section.
Aunc = Total mass of organic HAP in the coatings used during 
all periods of time in which a deviation, including a deviation during 
a period of startup, shutdown, or malfunction, from an operating limit 
or from any CPMS requirement for the capture system or control device 
serving the controlled coating operation occurred for the controlled 
coating operation during the month, kg, as calculated in Equation 2C of 
this section.
Bunc = Total mass of organic HAP in the thinners used during 
all periods of time in which a deviation, including a deviation during 
a period of startup, shutdown, or malfunction, from an operating limit 
or from any CPMS requirement for the capture system or control device 
serving the controlled coating operation occurred for the controlled 
coating operation during the month, kg, as calculated in Equation 2D 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.  63.3164 and 63.3165 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.  63.3164 and 63.3166 to measure and record the organic HAP 
destruction or removal efficiency.


[[Page 22637]]


    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, kg, using Equation 2A of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.004

Where:

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

    (2) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation, kg, using Equation 2B of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.005

Where:

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

    (3) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation during deviations specified in Sec.  
63.3163(c) and (d), using Equation 2C of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.006

Where:

Aunc = Total mass of organic HAP in the coatings used during 
all periods of time in which a deviation, including a deviation during 
a period of startup, shutdown, or malfunction, from an operating limit 
or from any CPMS requirement for the capture system or control device 
serving the controlled coating operation occurred for the controlled 
coating operation during the month, kg.
VOLDi = Total volume of coating, i, used in the controlled 
coating operation during deviations, liters.
Di = Density of coating, i, kg per liter.
Wi = Mass fraction of organic HAP in coating, i, kg organic 
HAP per kg coating.
m = Number of different coatings.

    (4) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation during deviations specified in Sec.  
63.3163(c) and (d), using Equation 2D of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.007

Where:

Bunc = Total mass of organic HAP in the thinners used during 
all periods of time in which a deviation, including a deviation during 
a period of startup, shutdown, or malfunction, from an operating limit 
or from any CPMS requirement for the capture system or control device 
serving the controlled coating operation occurred for the controlled 
coating operation during the month, kg.
VOLDj = Total volume of thinner, j, used in the controlled 
coating operation during deviations, liters.
Dj = Density of thinner, j, kg per liter.
Wh = Mass fraction of organic HAP in thinner, j, kg organic 
HAP per kg coating.
n = Number of different thinners.

    (k) 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 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 by applying the volatile organic matter collection and 
recovery efficiency to the mass of organic HAP contained in the 
coatings and thinners 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 (k)(1) 
through (6) of this section. Calculate the mass of organic HAP emission 
reduction by the solvent recovery system as specified in paragraph 
(k)(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, kg, based on 
measurement with the device required in paragraph (k)(1) of this 
section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating and thinner used in the coating operation controlled by the 
solvent recovery system during the month, kg volatile organic matter 
per kg coating. You may determine the volatile organic matter mass 
fraction using Method 24 of 40 CFR part 60, appendix A, or an EPA 
approved alternative method, or you may use information provided by the 
manufacturer or supplier of the coating. In the event of any 
inconsistency between information provided by the manufacturer or 
supplier and the results of Method 24 of 40 CFR part 60, appendix A, or 
an approved alternative method, the test method results will govern 
unless after consultation, the facility demonstrates to the 
satisfaction of the enforcement authority that the facility's data are 
correct.
    (4) Determine the density of each coating and thinner used in the 
coating operation controlled by the solvent recovery system during the 
month, kg per liter, according to Sec.  63.3151(b).
    (5) Measure the volume of each coating and thinner 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 3 of 
this section:

[[Page 22638]]

[GRAPHIC] [TIFF OMITTED] TR26AP04.008


Where:

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

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.009

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 4A of this section.
BCSR = Total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 4B of this section.
RV = Volatile organic matter collection and recovery 
efficiency of the solvent recovery system, percent, from Equation 3 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 4A of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.010

Where:

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

    (ii) Calculate the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 4B of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.011

Where:

BCSR = Total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system during the 
month, kg.

Volt, j = Total volume of thinner, j, used during 
the month in the coating operation controlled by the solvent recovery 
system, liters.

Dt, j = Density of thinner, j, kg per liter.

Wt, j = Mass fraction of organic HAP in thinner, 
j, kg per kg.

n = Number of different thinners used.

    (l) Calculate the total volume of coating solids deposited. 
Determine the total volume of coating solids deposited, liters, in the 
combined electrodeposition primer, primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations 
plus all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec.  63.3082(c) using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.012


Where:

Vsdep = Total volume of coating solids deposited during the 
month, liters.

Volc,i = Total volume of coating, i, used during the month, 
liters.


[[Page 22639]]


Vs,i = Volume fraction of coating solids for coating, i, 
liter solids per liter coating, determined according to Sec.  
63.3161(f).

TEc,i = Transfer efficiency of coating, i, determined 
according to Sec.  63.3161(g), expressed as a decimal, for example 60 
percent must be expressed as 0.60.

m = Number of coatings used during the month.

    (m) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions, kg, during each month, 
using Equation 6 of this section.
[GRAPHIC] [TIFF OMITTED] TR26AP04.013


Where:

HHAP = Total mass of organic HAP emissions for the month, 
kg.

HBC = Total mass of organic HAP emissions before add-on 
controls from all the coatings and thinners used during the month, kg, 
determined according to paragraph (h) of this section.

HCn,i = Total mass of organic HAP emission reduction for 
controlled coating operation, i, not using a liquid-liquid material 
balance, excluding all periods of time in which a deviation, including 
a deviation during a period of startup, shutdown, or malfunction, from 
an operating limit or from any CPMS requirement for the capture system 
or control device serving the controlled coating operation occurred, 
for the controlled coating operation during the month, from Equation 2 
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 4 of this section.

HDEV,k,m = Mass of organic HAP emission reduction, based on 
the capture system and control device efficiency approved under 
paragraph (p) of this section for period of deviation, m, for 
controlled coating operation, k, kg, as determined using Equation 8 of 
this section.

q = Number of controlled coating operations not using a liquid-liquid 
material balance.

r = Number of coating operations controlled by a solvent recovery 
system using a liquid-liquid material balance.
Sk = Number of periods of deviation in the month for which 
non-zero capture and control device efficiencies have been approved for 
controlled coating operation, k.

    (n) Calculate the organic HAP emission rate for the month. 
Determine the organic HAP emission rate for the month, kg organic HAP 
per liter coating solids deposited, using Equation 7 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.014


Where:

Hrate = Organic HAP emission rate for the month compliance 
period, kg organic HAP per liter coating solids deposited.

HHAP = Mass of organic HAP emissions for the month, kg, 
determined according to Equation 6 of this section.

Vsdep = Total volume of coating solids deposited during the 
month, liters, from Equation 5 of this section.

    (o) Compliance demonstration. To demonstrate initial compliance, 
the organic HAP emissions from the combined electrodeposition primer, 
primer-surfacer, topcoat, final repair, glass bonding primer, and glass 
bonding adhesive operations plus all coatings and thinners, except for 
deadener materials and for adhesive and sealer materials that are not 
components of glass bonding systems, used in coating operations added 
to the affected source pursuant to Sec.  63.3082(c) must be less than 
or equal to the applicable emission limitation in Sec.  63.3090(a) or 
Sec.  63.3091(a). You must keep all records as required by Sec. Sec.  
63.3130 and 63.3131. As part of the Notification of Compliance Status 
required by Sec.  63.3110, you must 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.  
63.3090(a) or Sec.  63.3091(a) and you achieved the operating limits 
required by Sec.  63.3093 and the work practice standards required by 
Sec.  63.3094.
    (p) You may request approval from the Administrator to use non-zero 
capture efficiencies and add-on control device efficiencies for any 
period of time in which a deviation, including a deviation during a 
period of startup, shutdown, or malfunction, from an operating limit or 
from any CPMS requirement for the capture system or add-on control 
device serving a controlled coating operation occurred.
    (1) If you have manually collected parameter data indicating that a 
capture system or add-on control device was operating normally during a 
CPMS malfunction, a CPMS out-of-control period, or associated repair, 
then these data may be used to support and document your request to use 
the normal capture efficiency or add-on control device efficiency for 
that period of deviation.
    (2) If you have data indicating the actual performance of a capture 
system or add-on control device (e.g., capture efficiency measured at a 
reduced flow rate or add-on control device efficiency measured at a 
reduced thermal oxidizer temperature) during a deviation, including a 
deviation during a period of startup, shutdown, or malfunction, from an 
operating limit or from any CPMS requirement for the capture system or 
add-on control device serving a controlled coating operation, then 
these data may be used to support and document your request to use 
these values for that period of deviation.
    (3) The organic HAP emission reduction achieved during each period 
of deviation, including a deviation during a period of startup, 
shutdown, or malfunction, from an operating limit or from any CPMS 
requirement for the capture system or add-on control device serving a 
controlled coating operation for which the Administrator has approved 
the use of non-zero capture efficiency and add-on control device 
efficiency values is calculated using Equation 8 of this section.

[[Page 22640]]

[GRAPHIC] [TIFF OMITTED] TR26AP04.015


Where:

HDEV = Mass of organic HAP emission reduction achieved 
during a period of deviation for the controlled coating operation, kg.
ADEV = Total mass of organic HAP in the coatings used in the 
controlled coating operation during the period of deviation, kg, as 
calculated in Equation 8A of this section.
BDEV = Total mass of organic HAP in the thinners used in the 
controlled coating operation during the period of deviation, kg, as 
calculated in Equation 8B of this section.
CEDEV = Capture efficiency of the emission capture system 
vented to the add-on control device, approved for the period of 
deviation, percent.
DREDEV = Organic HAP destruction or removal efficiency of 
the add-on control device approved for the period of deviation, 
percent.

    (4) Calculate the total mass of organic HAP in the coatings used in 
the controlled coating operation during the period of deviation using 
equation 8A of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.016

Where:

ADEV = Total mass of organic HAP in the coatings used in the 
controlled coating operation during the period of deviation, kg.
VOLCDEV,i = total volume of coating, i, used in the 
controlled coating operation during the period of deviation, liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per 
kg.
m = Number of different coatings used.

    (5) Calculate the total mass of organic HAP in the thinners used in 
the controlled coating operation during the period of deviation using 
equation 8B of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.017

Where:

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

Sec.  63.3162  [Reserved]


Sec.  63.3163  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec.  63.3090(a) or Sec.  63.3091(a), the organic HAP 
emission rate for each compliance period, determined according to the 
procedures in Sec.  63.3161, must be equal to or less than the 
applicable emission limit in Sec.  63.3090(a) or Sec.  63.3091(a). A 
compliance period consists of 1 month. Each month after the end of the 
initial compliance period described in Sec.  63.3160 is a compliance 
period consisting of that month. You must perform the calculations in 
Sec.  63.3161 on a monthly basis.
    (b) If the organic HAP emission rate for any 1 month compliance 
period exceeded the applicable emission limit in Sec.  63.3090(a) or 
Sec.  63.3091(a), this is a deviation from the emission limitation for 
that compliance period and must be reported as specified in Sec. Sec.  
63.3110(c)(6) and 63.3120(a)(6).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.3093 that applies to you, as specified in 
Table 1 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 1 to this subpart, this is a deviation from the operating 
limit that must be reported as specified in Sec. Sec.  63.3110(c)(6) 
and 63.3120(a)(6).
    (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 except as provided 
in Sec.  63.3161(p).
    (d) You must meet the requirements for bypass lines in Sec.  
63.3168(b) for control devices other than solvent recovery systems for 
which you 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.  63.3110(c)(6) and 63.3120(a)(6). For the purposes of 
completing the compliance calculations specified in Sec.  63.3161(k), 
you must assume that the emission capture system and add-on control 
device were achieving zero efficiency during the time period of the 
deviation.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.3094. If you did not develop a work 
practice plan, if you did not implement the plan, or if you did not 
keep the records required by Sec.  63.3130(n), this is a deviation from 
the work practice standards that must be reported as specified in 
Sec. Sec.  63.3110(c)(6) and 63.3120(a)(6).
    (f) If there were no deviations from the emission limitations, 
submit a statement as part of the semiannual compliance report 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.  
63.3090(a) or Sec.  63.3091(a), and you achieved the operating limits 
required by Sec.  63.3093 and the work practice standards required by 
Sec.  63.3094 during each compliance period.

[[Page 22641]]

    (g) During periods of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency, you must 
operate in accordance with the SSMP required by Sec.  63.3100(f).
    (h) Consistent with Sec. Sec.  63.6(e) and 63.7(e)(1), deviations 
that occur during a period of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency are not 
violations if you demonstrate to the Administrator's satisfaction that 
you were operating in accordance with the SSMP. The Administrator will 
determine whether deviations that occur during a period you identify as 
a startup, shutdown, or malfunction are violations according to the 
provisions in Sec.  63.6(e).
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec.  63.3130 
and 63.3131.


Sec.  63.3164  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.3160 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.  63.3165. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.3166.


Sec.  63.3165  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.  63.3160. For purposes of this subpart, a spray booth air seal 
is not considered a natural draft opening in a PTE or a temporary total 
enclosure provided you demonstrate that the direction of air movement 
across the interface between the spray booth air seal and the spray 
booth is into the spray booth. For purposes of this subpart, a bake 
oven air seal is not considered a natural draft opening in a PTE or a 
temporary total enclosure provided you demonstrate that the direction 
of air movement across the interface between the bake oven air seal and 
the bake oven is into the bake oven. You may use lightweight strips of 
fabric or paper, or smoke tubes to make such demonstrations as part of 
showing that your capture system is a PTE or conducting a capture 
efficiency test using a temporary total enclosure. You cannot count air 
flowing from a spray booth air seal into a spray booth as air flowing 
through a natural draft opening into a PTE or into a temporary total 
enclosure unless you elect to treat that spray booth air seal as a 
natural draft opening. You cannot count air flowing from a bake oven 
air seal into a bake oven as air flowing through a natural draft 
opening into a PTE or into a temporary total enclosure unless you elect 
to treat that bake oven air seal as a natural draft opening.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from 
the enclosure to an add-on control device.
    (2) All coatings and thinners used in the coating operation are 
applied within the capture system, and coating solvent flash-off and 
coating curing and drying 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 five procedures described in paragraphs 
(c) through (g) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of production, which includes surface preparation activities 
and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a temporary total enclosure or a building enclosure 
and the procedures in paragraphs (c)(1) through (6) of this section to 
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
    (1) Either use a building enclosure or construct an enclosure 
around the coating operation where coatings and thinners are applied, 
and all areas where emissions from these applied coatings and thinners 
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 F of appendix M to 40 CFR part 51 to 
determine the mass fraction of TVH liquid input from each coating and 
thinner used in the coating operation during each capture efficiency 
test run. To make the determination, substitute TVH for each occurrence 
of the term volatile organic compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings and thinners used in the coating 
operation during each capture efficiency test run.

[[Page 22642]]

[GRAPHIC] [TIFF OMITTED] TR26AP04.018

Where:

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

    (4) Use Method 204D or E 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 if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (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] TR26AP04.019

Where:

CE = Capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVH used = Total mass of TVH liquid input used in the 
coating operation during the capture efficiency test run, kg.
TVH uncaptured= 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 and thinners are applied, 
and all areas where emissions from these applied coatings and thinners 
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 C 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 C 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 or 
sequentially measured in each duct, and the total emissions entering 
the add-on control device must be determined.
    (3) Use Method 204D or E 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 if the enclosure is a temporary total 
enclosure.
    (ii) Use Method 204E if the enclosure is a building enclosure. 
During the capture efficiency measurement, all organic compound 
emitting operations inside the building enclosure, other than the 
coating operation for which capture efficiency is being determined, 
must be shut down, but all fans and blowers must be operating normally.
    (4) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 3 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.020


[[Page 22643]]


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) Panel testing to determine the capture efficiency of flash-off 
or bake oven emissions. You may conduct panel testing to determine the 
capture efficiency of flash-off or bake oven emissions using ASTM 
Method D5087-02, ``Standard Test Method for Determining Amount of 
Volatile Organic Compound (VOC) Released from Solventborne Automotive 
Coatings and Available for Removal in a VOC Control Device 
(Abatement)'' (incorporated by reference, see Sec.  63.14), ASTM Method 
D6266-00a, ``Test Method for Determining the Amount of Volatile Organic 
Compound (VOC) Released from Waterborne Automotive Coatings and 
Available for Removal in a VOC Control Device (Abatement)'' 
(incorporated by reference, see Sec.  63.14), or the guidelines 
presented in ``Protocol for Determining Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,'' 
EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-
22). You may conduct panel testing on representative coatings as 
described in ``Protocol for Determining Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,'' 
EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-
22). The results of these panel testing procedures are in units of mass 
of VOC per volume of coating solids deposited and must be converted to 
a percent value for use in this subpart. If you panel test 
representative coatings, then you may convert the panel test result for 
each representative coating either to a unique percent capture 
efficiency for each coating grouped with that representative coating by 
using coating specific values for the volume of coating solids 
deposited per volume of coating used, mass of VOC per volume of 
coating, volume fraction solids, transfer efficiency, density and mass 
fraction VOC in Equations 4 through 6 of this section; or to a 
composite percent capture efficiency for the group of coatings by using 
composite values for the group of coatings for the volume of coating 
solids deposited per volume of coating used and for the mass of VOC per 
volume of coating, and average values for the group of coatings for 
volume fraction solids, transfer efficiency, density and mass fraction 
VOC in Equations 4 through 6 of this section. If you panel test each 
coating, then you must convert the panel test result for each coating 
to a unique percent capture efficiency for that coating by using 
coating specific values for the volume of coating solids deposited per 
volume of coating used, mass of VOC per volume of coating, volume 
fraction solids, transfer efficiency, density, and mass fraction VOC in 
Equations 4 through 6 of this section. Panel test results expressed in 
units of mass of VOC per volume of coating solids deposited must be 
converted to percent capture efficiency using Equation 4 of this 
section. (An alternative for using panel test results expressed in 
units of mass of VOC per mass of coating solids deposited is presented 
in paragraph (e)(3) of this section.)
[GRAPHIC] [TIFF OMITTED] TR26AP04.021

Where:

CEi = Capture efficiency for coating, i, or for the group of 
coatings including coating, i, for the flash-off area or bake oven for 
which the panel test is conducted, percent.
Pi = Panel test result for coating, i, or for the coating 
representing coating, i, in the panel test, kg of VOC per liter of 
coating solids deposited.
Vsdep, i = Volume of coating solids deposited per volume of 
coating used for coating, i, or composite volume of coating solids 
deposited per volume of coating used for the group of coatings 
including coating, i, in the spray booth(s) preceding the flash-off 
area or bake oven for which the panel test is conducted, liter of 
coating solids deposited per liter of coating used, from Equation 5 of 
this section.
VOCi = Mass of VOC per volume of coating for coating, i, or 
composite mass of VOC per volume of coating for the group of coatings 
including coating, i, kg per liter, from Equation 6 of this section.

    (1) Calculate the volume of coating solids deposited per volume of 
coating used for coating, i, or the composite volume of coating solids 
deposited per volume of coating used for the group of coatings 
including coating, i, used during the month in the spray booth(s) 
preceding the flash-off area or bake oven for which the panel test is 
conducted using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.022

Where:
Vsdep, i = Volume of coating solids deposited per volume of 
coating used for coating, i, or composite volume of coating solids 
deposited per volume of coating used for the group of coatings 
including coating, i, in the spray booth(s) preceding the flash-off 
area or bake oven for which the panel test is conducted, liter of 
coating solids deposited per liter of coating used.
Vs, i = Volume fraction of coating solids for coating, i, or 
average volume fraction of coating solids for the group of coatings 
including coating, i, liter coating solids per liter coating, 
determined according to Sec.  63.3161(f).
TEc, i = Transfer efficiency of coating, i, or average 
transfer efficiency for the group of coatings including coating, i, in 
the spray booth(s) for the flash-off area or bake oven for which the 
panel test is conducted determined according to Sec.  63.3161(g), 
expressed as a decimal, for example 60 percent must be expressed as 
0.60. (Transfer efficiency also may be determined by testing 
representative coatings. The same coating groupings may be appropriate 
for both transfer efficiency testing and panel testing. In this case, 
all of the coatings in a panel test grouping would have the same 
transfer efficiency.)

    (2) Calculate the mass of VOC per volume of coating for coating, i, 
or the composite mass of VOC per volume of coating for the group of 
coatings including coating, i, used during the month in the spray 
booth(s) preceding

[[Page 22644]]

the flash-off area or bake oven for which the panel test is conducted, 
kg, using Equation 6 of this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.023

Where:

VOCi = Mass of VOC per volume of coating for coating, i, or 
composite mass of VOC per volume of coating for the group of coatings 
including coating, i, used during the month in the spray booth(s) 
preceding the flash-off area or bake oven for which the panel test is 
conducted, kg VOC per liter coating.
Dc, i = Density of coating, i, or average density of the 
group of coatings including coating, i, kg coating per liter coating, 
density determined according to Sec.  63.3151(b).
Wvocc, i = Mass fraction of VOC in coating, i, or average 
mass fraction of VOC for the group of coatings including coating, i, kg 
VOC per kg coating, determined by Method 24 (appendix A to 40 CFR part 
60) or the guidelines for combining analytical VOC content and 
formulation solvent content presented in ``Protocol for Determining 
Daily Volatile Organic Compound Emission Rate of Automobile and Light-
Duty Truck Topcoat Operations,'' EPA-450/3-88-018 (Docket ID No. OAR-
2002-0093 and Docket ID No. A-2001-22).
    (3) As an alternative, you may choose to express the results of 
your panel tests in units of mass of VOC per mass of coating solids 
deposited and convert such results to a percent using Equation 7 of 
this section. If you panel test representative coatings, then you may 
convert the panel test result for each representative coating either to 
a unique percent capture efficiency for each coating grouped with that 
representative coating by using coating specific values for the mass of 
coating solids deposited per mass of coating used, mass fraction VOC, 
transfer efficiency, and mass fraction solids in Equations 7 and 8 of 
this section; or to a composite percent capture efficiency for the 
group of coatings by using composite values for the group of coatings 
for the mass of coating solids deposited per mass of coating used and 
average values for the mass of VOC per volume of coating, average 
values for the group of coatings for mass fraction VOC, transfer 
efficiency, and mass fraction solids in Equations 7 and 8 of this 
section. If you panel test each coating, then you must convert the 
panel test result for each coating to a unique percent capture 
efficiency for that coating by using coating specific values for the 
mass of coating solids deposited per mass of coating used, mass 
fraction VOC, transfer efficiency, and mass fraction solids in 
Equations 7 and 8 of this section. Panel test results expressed in 
units of mass of VOC per volume of coating solids deposited must be 
converted to percent capture efficiency using Equation 7 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.024

Where:

CEi = Capture efficiency for coating, i, or for the group of 
coatings including coating, i, for the flash-off area or bake oven for 
which the panel test is conducted, percent.
Pm, i = Panel test result for coating, i, or for the coating 
representing coating, i, in the panel test, kg of VOC per kg of coating 
solids deposited.
Wsdep, i = Mass of coating solids deposited per mass of 
coating used for coating i, or composite mass of coating solids 
deposited per mass of coating used for the group of coatings including 
coating, i, in the spray booth(s) preceding the flash-off area or bake 
oven for which the panel test is conducted, kg of solids deposited per 
kg of coating used, from Equation 8 of this section.
Wvocc, i = Mass fraction of VOC in coating, i, or average 
mass fraction of VOC for the group of coatings including coating, i, kg 
VOC per kg coating, determined by Method 24 (appendix A to 40 CFR part 
60) or the guidelines for combining analytical VOC content and 
formulation solvent content presented in ``Protocol for Determining 
Daily Volatile Organic Compound Emission Rate of Automobile and Light-
Duty Truck Topcoat Operations,'' EPA-450/3-88-018 (Docket ID No. OAR-
2002-0093 and Docket ID No. A-2001-22).

    (4) Calculate the mass of coating solids deposited per mass of 
coating used for each coating or the composite mass of coating solids 
deposited per mass of coating used for each group of coatings used 
during the month in the spray booth(s) preceding the flash-off area or 
bake oven for which the panel test is conducted using Equation 8 of 
this section:
[GRAPHIC] [TIFF OMITTED] TR26AP04.025

Where:

Wsdep, i = Mass of coating solids deposited per mass of 
coating used for coating, i, or composite mass of coating solids 
deposited per mass of coating used for the group of coatings including 
coating, i, in the spray booth(s) preceding the flash-off area or bake 
oven for which the panel test is conducted, kg coating solids deposited 
per kg coating used.
Ws, i = Mass fraction of coating solids for coating, i, or 
average mass fraction of coating solids for the group of coatings 
including coating, i, kg coating solids per kg coating, determined by 
Method 24 (appendix A to 40 CFR part 60) or the guidelines for 
combining analytical VOC content and formulation solvent content 
presented in ``Protocol for Determining Daily Volatile Organic Compound 
Emission Rate of Automobile and Light-Duty Truck Topcoat Operations,'' 
EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-
22).
TEc, i = Transfer efficiency of coating, i, or average 
transfer efficiency for the group of coatings including coating, i, in 
the spray booth(s) for the flash-off area or bake oven for which the 
panel test is conducted determined according to Sec.  63.3161(g), 
expressed as a decimal, for example 60 percent must be expressed as 
0.60. (Transfer efficiency also may be determined by testing 
representative coatings. The same coating groupings may be appropriate 
used for both transfer efficiency testing and panel testing. In this 
case, all of the coatings in a panel test grouping would have the same 
transfer efficiency.)

    (f) Alternative capture efficiency procedure. As an alternative to 
the procedures specified in paragraphs (c) through (e) and (g) of this 
section, you may determine capture efficiency using any other capture 
efficiency protocol and test methods that satisfy the criteria of 
either the DQO or LCL approach as

[[Page 22645]]

described in appendix A to subpart KK of this part.
    (g) Panel testing to determine the capture efficiency of spray 
booth emissions from solvent-borne coatings. You may conduct panel 
testing to determine the capture efficiency of spray booth emissions 
from solvent-borne coatings using the procedure in appendix A to this 
subpart.


Sec.  63.3166  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.  63.3160. 
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. The 
ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part 10, 
Instruments and Apparatus]'' (incorporated by reference, see Sec.  
63.14), may be used as an alternative to Method 3B.
    (4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack 
gas moisture.
    (5) Methods for determining gas volumetric flow rate, dry molecular 
weight, and stack gas moisture must be performed, as applicable, during 
each test run.
    (b) Measure total gaseous organic mass emissions as carbon at the 
inlet and outlet of the add-on control device simultaneously, using 
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified 
in paragraphs (b)(1) through (3) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 if the add-on control device is an oxidizer and 
you expect the total gaseous organic concentration as carbon to be more 
than 50 parts per million by volume (ppmv) 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 
ppmv or less at the control device outlet.
    (3) Use Method 25A if the add-control device is not an oxidizer.
    (c) If two or more add-on control devices are used for the same 
emission stream, then you must measure emissions at the outlet of each 
device. For example, if one add-on control device is a concentrator 
with an outlet for the high-volume, dilute stream that has been treated 
by the concentrator, and a second add-on control device is an oxidizer 
with an outlet for the low-volume, concentrated stream that is treated 
with the oxidizer, you must measure emissions at the outlet of the 
oxidizer and the high volume dilute stream outlet of the concentrator.
    (d) For each test run, determine the total gaseous organic 
emissions mass flow rates for the inlet and the outlet of the add-on 
control device, using Equation 1 of this section. If there is more than 
one inlet or outlet to the add-on control device, you must calculate 
the total gaseous organic mass flow rate using Equation 1 of this 
section for each inlet and each outlet and then total all of the inlet 
emissions and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR26AP04.026

Where:

Mf = Total gaseous organic emissions mass flow rate, kg per 
hour (kg/h).
Cc = Concentration of organic compounds as carbon in the 
vent gas, as determined by Method 25 or Method 25A, 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 per 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] TR26AP04.027

Where:

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

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


Sec.  63.3167  How do I establish the add-on control device operating 
limits during the performance test?

    During the performance test required by Sec.  63.3160 and described 
in Sec. Sec.  63.3164 and 63.3166, you must establish the operating 
limits required by Sec.  63.3093 according to this section, unless you 
have received approval for alternative monitoring and operating limits 
under Sec.  63.8(f) as specified in Sec.  63.3093.
    (a) Thermal oxidizers. If your add-on control device is a thermal 
oxidizer, establish the operating limit according to paragraphs (a)(1) 
through (3) 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 all valid 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.
    (3) As an alternative, if the latest operating permit issued before 
April 26, 2007, for the thermal oxidizer at your facility contains 
recordkeeping and reporting requirements for the combustion temperature 
that are consistent with the requirements for thermal oxidizers in 40 
CFR 60.395(c), then you may set the minimum operating limit for the 
combustion temperature for each such thermal oxidizer at your affected 
source at 28 degrees Celsius (50 degrees Fahrenheit) below the average 
combustion temperature during the performance test of that thermal 
oxidizer. If you do not have an operating permit for the thermal 
oxidizer at your facility and the latest construction permit issued 
before April 26, 2007, for the thermal oxidizer at your facility 
contains recordkeeping and reporting requirements for the combustion 
temperature that are consistent with the requirements for

[[Page 22646]]

thermal oxidizers in 40 CFR 60.395(c), then you may set the minimum 
operating limit for the combustion temperature for each such thermal 
oxidizer at your affected source at 28 degrees Celsius (50 degrees 
Fahrenheit) below the average combustion temperature during the 
performance test of that thermal oxidizer. If you use 28 degrees 
Celsius (50 degrees Fahrenheit) below the combustion temperature 
maintained during the performance test as the minimum operating limit 
for a thermal oxidizer, then you must keep the combustion temperature 
set point on that thermal oxidizer no lower than 14 degrees Celsius (25 
degrees Fahrenheit) below the lower of that set point during the 
performance test for that thermal oxidizer and the average combustion 
temperature maintained during the performance test for that 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) through (3) or paragraphs (b)(4) through (6) of this 
section.
    (1) During the performance test, you must monitor and record the 
temperature just before the catalyst bed and the temperature difference 
across the catalyst bed at least once every 15 minutes during each of 
the three test runs.
    (2) Use all valid 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. The minimum operating limits 
for your catalytic oxidizer are the average temperature just before the 
catalyst bed maintained during the performance test of that catalytic 
oxidizer and 80 percent of the average temperature difference across 
the catalyst bed maintained during the performance test of that 
catalytic oxidizer, except during periods of low production the latter 
minimum operating limit is to maintain a positive temperature gradient 
across the catalyst bed. A low production period is when production is 
less than 80 percent of production rate during the performance test of 
that catalytic oxidizer.
    (3) As an alternative, if the latest operating permit issued before 
April 26, 2007, for the catalytic oxidizer at your facility contains 
recordkeeping and reporting requirements for the temperature before the 
catalyst bed that are consistent with the requirements for catalytic 
oxidizers in 40 CFR 60.395(c), then you may set the minimum operating 
limits for each such catalytic oxidizer at your affected source at 28 
degrees Celsius (50 degrees Fahrenheit) below the average temperature 
just before the catalyst bed maintained during the performance test for 
that catalytic oxidizer and 80 percent of the average temperature 
difference across the catalyst bed maintained during the performance 
test for that catalytic oxidizer, except during periods of low 
production the latter minimum operating limit is to maintain a positive 
temperature gradient across the catalyst bed. If you do not have an 
operating permit for the catalytic oxidizer at your facility and the 
latest construction permit issued before April 26, 2007, for the 
catalytic oxidizer at your facility contains recordkeeping and 
reporting requirements for the temperature before the catalyst bed that 
are consistent with the requirements for catalytic oxidizers in 40 CFR 
60.395(c), then you may set the minimum operating limits for each such 
catalytic oxidizer at your affected source at 28 degrees Celsius (50 
degrees Fahrenheit) below the average temperature just before the 
catalyst bed maintained during the performance test for that catalytic 
oxidizer and 80 percent of the average temperature difference across 
the catalyst bed maintained during the performance test for that 
catalytic oxidizer, except during periods of low production the latter 
minimum operating limit is to maintain a positive temperature gradient 
across the catalyst bed. A low production period is when production is 
less than 80 percent of production rate during the performance test. If 
you use 28 degrees Celsius (50 degrees Fahrenheit) below the average 
temperature just before the catalyst bed maintained during the 
performance test as the minimum operating limits for a catalytic 
oxidizer, then you must keep the set point for the temperature just 
before the catalyst bed on that catalytic oxidizer no lower than 14 
degrees Celsius (25 degrees Fahrenheit) below the lower of that set 
point during the performance test for that catalytic oxidizer and the 
average temperature just before the catalyst bed maintained during the 
performance test for that catalytic oxidizer.
    (4) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet 
to the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(6) 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 all valid 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.
    (5) If the latest operating permit issued before April 26, 2007, 
for the catalytic oxidizer at your facility contains recordkeeping and 
reporting requirements for the temperature before the catalyst bed that 
are consistent with the requirements for catalytic oxidizers in 40 CFR 
60.395(c), then you may set the minimum operating limit for each such 
catalytic oxidizer at your affected source at 28 degrees Celsius (50 
degrees Fahrenheit) below the average temperature just before the 
catalyst bed maintained during the performance test for that catalytic 
oxidizer. If you do not have an operating permit for the catalytic 
oxidizer at your facility and the latest construction permit issued 
before April 26, 2007, for the catalytic oxidizer at your facility 
contains recordkeeping and reporting requirements for the temperature 
before the catalyst bed that are consistent with the requirements for 
catalytic oxidizers in 40 CFR 60.395(c), then you may set the minimum 
operating limit for each such catalytic oxidizer at your affected 
source at 28 degrees Celsius (50 degrees Fahrenheit) below the average 
temperature just before the catalyst bed maintained during the 
performance test for that catalytic oxidizer. If you use 28 degrees 
Celsius (50 degrees Fahrenheit) below the average temperature just 
before the catalyst bed maintained during the performance test as the 
minimum operating limit for a catalytic oxidizer, then you must keep 
the set point for the temperature just before the catalyst bed on that 
catalytic oxidizer no lower than 14 degrees Celsius (25 degrees 
Fahrenheit) below the lower of that set point during the performance 
test for that catalytic oxidizer and the average temperature just 
before the catalyst bed maintained during the performance test for that 
catalytic oxidizer.
    (6) 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)(4) or (5) of this section. The plan must 
address, at a minimum, the elements specified in paragraphs (b)(6)(i) 
through (iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e., 
conversion efficiency) following the oxidizer manufacturer's or 
catalyst supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly

[[Page 22647]]

and fuel supply lines for problems and, as necessary, adjustment of the 
equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must replace the catalyst bed and conduct a new 
performance test to determine destruction efficiency according to Sec.  
63.3166.
    (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 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 all valid 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) and (2)of this section.
    (1) During the performance test, you must monitor and record the 
desorption gas inlet temperature at least once every 15 minutes during 
each of the three runs of the performance test.
    (2) Use all valid data collected during the performance test to 
calculate and record the average desorption gas inlet temperature. The 
minimum operating limit for the concentrator is 8 degrees Celsius (15 
degrees Fahrenheit) below the average desorption gas inlet temperature 
maintained during the performance test for that concentrator. You must 
keep the set point for the desorption gas inlet temperature no lower 
than 6 degrees Celsius (10 degrees Fahrenheit) below the lower of that 
set point during the performance test for that concentrator and the 
average desorption gas inlet temperature maintained during the 
performance test for that concentrator.
    (f) Emission capture systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec.  63.3165(a) and that is 
not capturing emissions from a downdraft spray booth or from a flash-
off area or bake oven associated with a downdraft spray booth, 
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.  
63.3160 and described in Sec. Sec.  63.3164 and 63.3165, 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, 
using all valid data. This average gas volumetric flow rate or duct 
static pressure is the minimum operating limit for that specific 
capture device.


Sec.  63.3168  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

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

[[Page 22648]]

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.
    (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.  63.3120.
    (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 to treat desorbed concentrate streams from 
concentrators or carbon adsorbers), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section:
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor 
upstream of the catalyst bed. If you establish the operating parameters 
for a catalytic oxidizer under Sec.  63.3167(b)(1) through (3), you 
must also install a gas temperature monitor downstream of the catalyst 
bed. The temperature monitors must be in the gas stream immediately 
before and after the catalyst bed to measure the temperature difference 
across the bed. If you establish the operating parameters for a 
catalytic oxidizer under Sec.  63.3167(b)(4) through (6), you need not 
install a gas temperature monitor downstream of the catalyst bed.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a)(1) through (6) and (c)(3)(i) 
through (vii) of this section for each gas temperature monitoring 
device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 30 degrees Fahrenheit of the process temperature sensor 
reading.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) 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) and (2) of this section.
    (1) The regeneration desorbing gas mass flow monitor must be an 
integrating device having a measurement sensitivity of plus or minus 10 
percent, capable of recording the total regeneration desorbing gas mass 
flow for each regeneration cycle.
    (2) The carbon bed temperature monitor must have a measurement 
sensitivity of 1 percent of the temperature (as expressed in degrees 
Fahrenheit) recorded or 1 degree Fahrenheit, whichever is greater, and 
must be capable of recording the temperature within 15 minutes of 
completing any carbon bed cooling cycle.
    (e) Condensers. If you are using a condenser, you must monitor the 
condenser outlet (product side) gas temperature and comply with 
paragraphs (a)(1) through (6) and (e)(1) and (2) of this section.
    (1) The gas temperature monitor must have a measurement sensitivity 
of 1 percent of the temperature (expressed in degrees Fahrenheit) 
recorded or 1 degree Fahrenheit, whichever is greater.
    (2) The temperature monitor must provide a gas temperature record 
at least once every 15 minutes.
    (f) Concentrators. If you are using a concentrator, such as a 
zeolite wheel or rotary carbon bed concentrator, you must install a 
temperature monitor in the desorption gas stream. The temperature 
monitor must meet the requirements in paragraphs (a)(1) through (6) and 
(c)(3) 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)(1) through (6) and (g)(1)(i) through 
(iv) of this section.
    (i) Locate a flow sensor in a position that provides a 
representative flow measurement in the duct from each capture device in 
the emission capture system to the add-on control device.
    (ii) Reduce swirling flow or abnormal velocity distributions due to 
upstream and downstream disturbances.
    (iii) Conduct a flow sensor calibration check at least 
semiannually.
    (iv) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.
    (2) For each pressure drop measurement device, you must comply with 
the requirements in paragraphs (a)(1) through (6) and (g)(2)(i) through 
(vi) of this section.
    (i) Locate the pressure tap(s) in a position that provides a 
representative measurement of the pressure drop across each opening you 
are monitoring.
    (ii) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (iii) Check pressure tap pluggage daily.
    (iv) Using an inclined manometer with a measurement sensitivity of 
0.0002 inch water, check gauge calibration quarterly and transducer 
calibration monthly.
    (v) Conduct calibration checks any time the sensor exceeds the 
manufacturer's specified maximum

[[Page 22649]]

operating pressure range or install a new pressure sensor.
    (vi) At least monthly, inspect components for integrity, electrical 
connections for continuity, and mechanical connections for leakage.

Compliance Requirements for the Combined Primer-Surfacer, Topcoat, 
Final Repair, Glass Bonding Primer, and Glass Bonding Adhesive Emission 
Limitations and the Separate Electrodeposition Primer Emission 
Limitations


Sec.  63.3170  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 Sec.  63.3160.
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of Sec.  
63.3160.


Sec.  63.3171  How do I demonstrate initial compliance?

    (a) You must meet all of the requirements of this section to 
demonstrate initial compliance. To demonstrate initial compliance, the 
organic HAP emissions from the combined primer-surfacer, topcoat, final 
repair, glass bonding primer, and glass bonding adhesive operations 
plus all coatings and thinners, except for deadener materials and for 
adhesive and sealer materials that are not components of glass bonding 
systems, used in coating operations added to the affected source 
pursuant to Sec.  63.3082(c) must meet the applicable emission 
limitation in Sec.  63.3090(b) or Sec.  63.3091(b); and the organic HAP 
emissions from the electrodeposition primer operation must meet the 
applicable emissions limitations in Sec.  63.3092(a) or (b).
    (b) Compliance with operating limits. Except as provided in Sec.  
63.3160(a)(4), you must establish and demonstrate continuous compliance 
during the initial compliance period with the operating limits required 
by Sec.  63.3093, using the procedures specified in Sec. Sec.  63.3167 
and 63.3168.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plans 
required by Sec.  63.3094(b) and (c) during the initial compliance 
period, as specified in Sec.  63.3130.
    (d) Compliance with emission limits. You must follow the procedures 
in Sec.  63.3161(e) through (n), excluding materials used in 
electrodeposition primer operations, to demonstrate compliance with the 
applicable emission limit in Sec.  63.3090(b) or Sec.  63.3091(b). You 
must follow the procedures in paragraph (e) of this section to 
demonstrate compliance with the emission limit in Sec.  63.3092(a), or 
paragraphs (f) through (g) of this section to demonstrate compliance 
with the emission limitations in Sec.  63.3092(b).
    (e) Determine the mass fraction of each organic HAP in each 
material used in the electrodeposition primer operation. You must 
determine the mass fraction of each organic HAP for each material used 
in the electrodeposition primer operation during the compliance period 
by using one of the options in paragraphs (e)(1) through (3) of this 
section.
    (1) Method 311 (appendix A to 40 CFR part 63). You may use Method 
311 for determining the mass fraction of each organic HAP.
    (2) 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.
    (3) 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 (e)(1) and (2) 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. If there is a disagreement between such 
information and results of a test conducted according to paragraph 
(e)(1) or (2) of this section, then the test method results will take 
precedence unless after consultation, the facility demonstrates to the 
satisfaction of the enforcement authority that the facility's data are 
correct.
    (f) Capture of electrodeposition bake oven emissions. You must show 
that the electrodeposition bake oven meets the criteria in sections 5.3 
through 5.5 of Method 204 of appendix M to 40 CFR part 51 and directs 
all of the exhaust gases from the bake oven to an add-on control 
device.
    (g) Control of electrodeposition bake oven emissions. Determine the 
efficiency of each control device on each electrodeposition bake oven 
using the procedures in Sec. Sec.  63.3164 and 63.3166.
    (h) Compliance demonstration. To demonstrate initial compliance, 
the organic HAP emissions from the combined primer-surfacer, topcoat, 
final repair, glass bonding primer, and glass bonding adhesive 
operations plus all coatings and thinners, except for deadener 
materials and for adhesive and sealer materials that are not components 
of glass bonding systems, used in coating operations added to the 
affected source pursuant to Sec.  63.3082(c) must meet the applicable 
emission limitation in Sec.  63.3090(b) or Sec.  63.3091(b); the 
organic HAP emissions from the electrodeposition primer operation must 
meet the applicable emissions limitations in Sec.  63.3092(a) or (b). 
You must keep all records as required by Sec. Sec.  63.3130 and 
63.3131. As part of the Notification of Compliance Status required by 
Sec.  63.3110, you must 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 from the combined primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations plus all coatings 
and thinners, except for deadener materials and for adhesive and sealer 
materials that are not components of glass bonding systems, used in 
coating operations added to the affected source pursuant to Sec.  
63.3082(c) was less than or equal to the applicable emission limit in 
Sec.  63.3090(b) or Sec.  63.3091(b), and the organic HAP emissions 
from the electrodeposition primer operation met the applicable 
emissions limitations in Sec.  63.3092(a) or (b), and you achieved the 
operating limits required by Sec.  63.3093 and the work practice 
standards required by Sec.  63.3094.


Sec.  63.3172  [Reserved]


Sec.  63.3173  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec.  63.3090(b) or Sec.  63.3091(b), the organic HAP 
emission rate for each compliance period determined according to the 
procedures in Sec.  63.3171 must be equal to or less than the 
applicable emission limit in Sec.  63.3090(b) or Sec.  63.3091(b). A 
compliance period consists of 1 month. Each month after the end of the 
initial compliance period described in Sec.  63.3170 is a compliance 
period consisting of that month. You must perform the calculations in 
Sec.  63.3171 on a monthly basis.
    (b) If the organic HAP emission rate for any 1 month compliance 
period exceeded the applicable emission limit in Sec.  63.3090(b) or 
Sec.  63.3091(b), this is a deviation from the emission limitation for 
that compliance period and must be

[[Page 22650]]

reported as specified in Sec. Sec.  63.3110(c)(6) and 63.3120(a)(6).
    (c) You must meet the requirements of Sec.  63.3163(c) through (j).

Other Requirements and Information


Sec.  63.3175  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, EPA, or a 
delegated authority such as your State, local, or tribal agency. If the 
Administrator has delegated authority to your State, local, or tribal 
agency, then that agency (as well as EPA) has the authority to 
implement and enforce this subpart. You should contact your EPA 
Regional Office to find out if implementation and enforcement of this 
subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under subpart E of this 
part, the authorities contained in paragraph (c) of this section are 
retained by the EPA Administrator and are not transferred to the State, 
local, or tribal agency.
    (c) The authorities that will not be delegated to State, local, or 
tribal agencies are listed in paragraphs (c)(1) through (4) of this 
section:
    (1) Approval of alternatives to the work practice standards in 
Sec.  63.3094 under Sec.  63.6(g).
    (2) Approval of major alternatives to test methods under Sec.  
63.7(e)(2)(ii) and (f) and as defined in Sec.  63.90.
    (3) Approval of major alternatives to monitoring under Sec.  
63.8(f) and as defined in Sec.  63.90.
    (4) Approval of major alternatives to recordkeeping and reporting 
under Sec.  63.10(f) and as defined in Sec.  63.90.


Sec.  63.3176  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in the General 
Provisions of this part, and in this section as follows:
    Add-on control device 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.
    Add-on control device efficiency means the ratio of the emissions 
collected or destroyed by an add-on air pollution control device to the 
total emissions that are introduced into the control device, expressed 
as a percentage.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Adhesive and sealer material means adhesives, sealers and thinners 
added to adhesives or sealers.
    Anti-chip coating means a specialty type of coating designed to 
reduce stone chipping damage. It is applied on selected vehicle 
surfaces that are exposed to impingement by stones and other road 
debris. It is typically applied after the electrodeposition primer and 
before the topcoat Anti-chip coatings are a type of primer-surfacer.
    Automobile means a motor vehicle designed to carry up to eight 
passengers, excluding vans, sport utility vehicles, and motor vehicles 
designed primarily to transport light loads of property. See also 
Light-duty truck.
    Automobile and/or light-duty truck assembly plant means facilities 
involved primarily in assembly of automobiles and light-duty trucks, 
including coating facilities and processes.
    Bake oven air seal means an entry or entry vestibule to or an exit 
or exit vestibule from a bake oven which isolates the bake oven from 
the area immediately preceding (for an entry or entry vestibule) or 
immediately following (for an exit or exit vestibule) the bake oven. No 
significant VOC generating activity takes place in a bake oven air 
seal. Fresh air is supplied into a bake oven air seal and is then 
directed in part into the bake oven and in part into the area 
immediately preceding or immediately following the bake oven.
    Basecoat/clearcoat means a topcoat system applied to exterior and 
selected interior vehicle surfaces primarily to provide an 
aesthetically pleasing appearance and acceptable durability 
performance. It consists of a layer of pigmented basecoat color 
coating, followed directly by a layer of a clear or semitransparent 
coating. It may include multiple layers of color coats or tinted clear 
materials.
    Blackout coating means a type of specialty coating applied on 
selected vehicle surfaces (including areas of the engine compartment 
visible through the grill, and window and pillar trim) to provide a 
cosmetic appearance. Typically black or dark gray color. Blackout 
coating may be included in either the primer-surfacer or topcoat 
operations.
    Body part means exterior parts such as hoods, fenders, doors, roof, 
quarter panels, decklids, tail gates, and cargo beds. Body parts were 
traditionally made of sheet metal, but now are also made of plastic. 
Bumpers, fascia, and cladding are not body parts.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to 
collect emissions generated by a coating operation in the use of 
coatings, both at the point of application and at subsequent points 
where emissions from the coatings occur, such as flash-off, drying, or 
curing. As used in this subpart, multiple capture devices that collect 
emissions generated by a coating operation are considered a single 
capture system.
    Catalytic oxidizer means a device for oxidizing pollutants or waste 
materials via flame and heat incorporating a catalyst to aid the 
combustion at lower operating temperature.
    Cleaning material means a solvent used to remove contaminants and 
other materials such as dirt, grease, oil, and dried (e.g., depainting) 
or wet coating from a substrate before or after coating application; or 
from equipment associated with a coating operation, such as spray 
booths, spray guns, tanks, and hangers. Thus, it includes any cleaning 
material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, primers, 
deadeners, and maskants. Decorative, protective, or functional 
materials that consist only of protective oils for metal, acids, bases, 
or any combination of these substances are not considered coatings for 
the purposes of this subpart.
    Coating operation means equipment used to apply coating to a 
substrate (coating application) and to dry or cure the coating after 
application. A single coating operation always includes at least the 
point at which a coating is applied and all subsequent points in the 
affected source where organic HAP emissions from that coating occur. 
There may be multiple coating operations in an affected source. Coating 
application with hand-held nonrefillable aerosol containers, touchup 
bottles, touchup markers, marking pens, or pinstriping equipment is not 
a coating operation for the purposes of this subpart. The application 
of temporary materials such as protective oils and ``travel waxes'' 
that are designed to be removed from the vehicle before it is delivered 
to a

[[Page 22651]]

retail purchaser is not a coating operation for the purposes of this 
subpart.
    Coating solids means the nonvolatile portion of the coating.
    Container means a receptacle, such as a can, vessel, tote, or tank, 
in which coatings, solvents or cleaning materials are held, stored, 
mixed, or carried.
    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.
    Day tank means tank with agitation and pumping system used for 
mixing and continuous circulation of coatings from the paint storage 
area to the spray booth area of the paint shop.
    Deadener means a specialty coating applied to selected vehicle 
surfaces for the purpose of reducing the sound of road noise in the 
passenger compartment.
    Deadener material means deadener and thinner added to deadener.
    Deposited solids means the coating solids which remain on the 
substrate or object being painted.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source fails to meet 
any requirement or obligation established by this subpart including, 
but not limited to, any emission limit, operating limit, or work 
practice standard; 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 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. A deviation is not always a violation.
    Electrodeposition primer or electrocoating primer means a process 
of applying a protective, corrosion-resistant waterborne primer on 
exterior and interior surfaces that provides thorough coverage of 
recessed areas. It is a dip coating method that uses an electrical 
field to apply or deposit the conductive coating onto the part. The 
object being painted acts as an electrode that is oppositely charged 
from the particles of paint in the dip tank. Also referred to as E-
Coat, Uni-Prime, and ELPO Primer.
    Emission limitation means an emission limit, operating limit, or 
work practice standard.
    Final repair means the operations performed and coating(s) applied 
to completely-assembled motor vehicles or to parts that are not yet on 
a completely assembled motor vehicle to correct damage or imperfections 
in the coating. The curing of the coatings applied in these operations 
is accomplished at a lower temperature than that used for curing 
primer-surfacer and topcoat. This lower temperature cure avoids the 
need to send parts that are not yet on a completely assembled vehicle 
through the same type of curing process used for primer-surfacer and 
topcoat and is necessary to protect heat sensitive components on 
completely assembled motor vehicles.
    Flash-off area means the portion of a coating process between the 
coating application station and the next coating application station or 
drying oven where solvent begins to evaporate from the coated vehicle.
    Glass bonding adhesive means an adhesive used to bond windshield or 
other glass to an automobile or light-duty truck body.
    Glass bonding primer means a primer applied to windshield or other 
glass, or to body openings to prepare the glass or body openings for 
the application of glass bonding adhesive, or the installation of 
adhesive bonded glass.
    Guide coat means Primer-surfacer.
    In-line repair means the operation performed and coating(s) applied 
to correct damage or imperfections in the topcoat on parts that are not 
yet on a completely assembled motor vehicle. The curing of the coatings 
applied in these operations is accomplished at essentially the same 
temperature as that used for curing the previously applied topcoat. 
Also referred to as high bake repair or high bake reprocess. In-line 
repair is considered part of topcoat.
    Light-duty truck means vans, sport utility vehicles, and motor 
vehicles designed primarily to transport light loads of property with 
gross vehicle weight rating of 8,500 lbs or less.
    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. Sec.  63.3151 and 63.3161. Manufacturer's formulation data may 
include, but are not limited to, information on density, organic HAP 
content, volatile organic matter content, and coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Month means a calendar month or a pre-specified period of 28 days 
to 35 days to allow for flexibility in recordkeeping when data are 
based on a business accounting period.
    Organic HAP content means the mass of organic HAP per mass of 
coating material.
    Paint line means a set of coating operations which includes a 
topcoat operation and, if present, includes electrodeposition primer, 
primer-surfacer, final repair, glass bonding primer and glass bonding 
adhesive operations in which the same new automobile or new light-duty 
truck bodies, or body parts for new automobiles, or new light-duty 
trucks are coated. The most typical paint line consists of a set of 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, and glass bonding adhesive operations in which the same 
new automobile or new light-duty truck bodies are coated.
    Paint shop means the collection of all areas at the facility in 
which new automobile or new light-duty truck bodies, or body parts for 
new automobiles or new light-duty trucks are phosphated and coated 
(including application, flash-off, drying and curing of 
electrodeposition primer, primer-surfacer, topcoat, final repair, glass 
bonding primer, glass bonding adhesive, deadener, adhesives and 
sealers); all coating operations added to the affected source pursuant 
to Sec.  63.3082(c); all areas at the facility in which substrates or 
equipment are cleaned relating to the coating of new automobile or new 
light-duty truck bodies, the coating of body parts for new automobiles 
or new light-duty trucks, or coating operations added to the affected 
source pursuant to Sec.  63.3082(c); and all areas at the facility used 
for storage, mixing, conveying and waste handling of coatings, thinners 
and cleaning materials related to the coating of new automobile or new 
light-duty truck bodies, the coating of body parts for new automobiles 
or new light-duty trucks, or coating operations added to the affected 
source pursuant to Sec.  63.3082(c). If there is no application of 
topcoat to new automobile or new light-duty truck bodies, or body parts 
for new automobiles or new light-duty trucks at the facility, then for 
purposes of this subpart the facility does not have a paint shop.

[[Page 22652]]

    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.
    Primer-surfacer means an intermediate protective coating applied on 
the electrodeposition primer and under the topcoat. It provides 
adhesion, protection, and appearance properties to the total finish. 
Also called a guide coat or surfacer. Anti-chip coatings are a type of 
primer-surfacer.
    Purge/clean operation means the process of flushing paint out and 
cleaning the spray lines when changing colors or to remove undesired 
material. It includes use of air and solvents to clean the lines.
    Purge capture means the capture of purge solvent and materials into 
a closed collection system immediately after purging the system. It is 
used to prevent the release of organic HAP emissions and includes the 
disposal of the captured purge material.
    Purge material means the coating and associated cleaning solvent 
materials expelled from the spray system during the process of cleaning 
the spray lines and applicators when color-changing or to maintain the 
cleanliness of the spray system.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory operations means surface coating for which 
the primary purpose is research and development of new processes and 
products, that is conducted under the close supervision of technically 
trained personnel, and that is not part of 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.
    Sealer means a high solids, high viscosity material, generally, but 
not always, applied in the paint shop after the body has received an 
electrodeposition primer coating. The primary purpose of sealers is to 
fill body joints completely so that there is no intrusion of water, 
gases or corrosive materials into the passenger area of the body 
compartment. Also referred to as sealants.
    Spray booth means a ventilated structure housing automatic and/or 
manual spray application equipment for coating operations. Includes 
facilities for the capture and entrapment of particulate overspray.
    Spray booth air seal means an entry vestibule to or exit vestibule 
from a spray booth which isolates the spray booth from the area 
immediately preceeding (for an entry vestibule) or immediately 
following (for an exit vestibule) the spray booth. No coating 
application or other VOC generating activity takes place in a spray 
booth air seal. Fresh air is supplied into a spray booth air seal and 
is then directed in part into the spray booth and in part into the area 
immediately preceeding or immediately following the spray booth.
    Startup, initial means the first time equipment is used in a 
facility to produce a salable product.
    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.''
    Surfacer means Primer-surfacer.
    Tack-wipe means solvent impregnated cloth used to remove dust from 
surfaces prior to application of coatings.
    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.
    Thermal oxidizer means a device for oxidizing air pollutants or 
waste materials via flame and heat.
    Thinner means an organic solvent that is added to a coating after 
the coating is received from the supplier.
    Topcoat means the final coating system applied to provide the final 
color and/or a protective finish. The topcoat may be a monocoat color 
or basecoat/clearcoat system. In-line repair and two-tone are part of 
topcoat.
    Total volatile hydrocarbon (TVH) means the total amount of 
nonaqueous volatile organic matter determined according to Methods 204 
and 204A through F 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.
    Touchup bottle means a glass or metal bottle of less than 0.10 
liter volume furnished with a brush that is permanently attached to the 
bottle closure.
    Transfer efficiency means the ratio of the amount of coating solids 
deposited onto the surface of the object to the total amount of coating 
solids sprayed while applying the coating to the object.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.

Tables to Subpart IIII of Part 63

    If you are required to comply with operating limits by Sec.  
63.3093, you must comply with the applicable operating limits in the 
following table:

    Table 1 to Subpart IIII of Part 63.--Operating Limits for Capture
                   Systems and Add-On Control Devices
------------------------------------------------------------------------
                                                        And you must
                                You must meet the        demonstrate
For the following device . .   following operating       continuous
              .                    limit . . .       compliance with the
                                                     operating limit by
------------------------------------------------------------------------
1. Thermal oxidizer.........  a. The average        i. Collecting the
                               combustion            combustion
                               temperature in any    temperature data
                               3-hour period must    according to Sec.
                               not fall below the    63.3168(c);
                               combustion           ii. Reducing the
                               temperature limit     data to 3-hour
                               established           block averages; and
                               according to Sec.    iii. Maintaining the
                               63.3167(a).           3-hour average
                                                     combustion
                                                     temperature at or
                                                     above temperature
                                                     limit.
-----------------------------
2. Catalytic oxidizer.......  a. The average        i. Collecting the
                               temperature           temperature data
                               measured just         temperature
                               before the catalyst   according to Sec.
                               bed in any 3-hour     63.3168(c);
                               period must not      ii. Reducing the
                               fall below the        data to 3-hour
                               limit established     block averages; and
                               according to Sec.    iii. Maintaining the
                               63.3167(b); and       3-hour average
                               either.               temperature before
                                                     the catalyst bed at
                                                     or above the
                                                     temperature limit.

[[Page 22653]]

 
                              b. Ensure that the    i. Collecting the
                               average temperature   temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.3168(c);
                               any 3-hour period    ii. Reducing the
                               does not fall below   data to 3-hour
                               the temperature       block averages; and
                               difference limit     iii. Maintaining the
                               established           3-hour average
                               according to Sec.     temperature
                               63.3167(b)(2); or.    difference at or
                                                     above the
                                                     temperature
                                                     difference limit;
                                                     or
                              c. Develop and        i. Maintaining an up-
                               implement an          to-date inspection
                               inspection and        maintenance plan,
                               maintenance plan      records of annual
                               according to Sec.     catalyst activity
                               63.3167(b)(4).        checks, records of
                                                     monthly inspections
                                                     of the oxidizer
                                                     system, and records
                                                     of the annual
                                                     internal
                                                     inspections of the
                                                     catalyst bed. If a
                                                     problem is
                                                     discovered during a
                                                     monthly or annual
                                                     inspection required
                                                     by Sec.
                                                     63.3167(b)(4), you
                                                     must take
                                                     corrective action
                                                     as soon as
                                                     practicable
                                                     consistent with the
                                                     manufacturer's
                                                     recommendations.
-----------------------------
3. Regenerative carbon        a. The total          i. Measuring the
 adsorber.                     regeneration          total regeneration
                               desorbing gas         desorbing gas
                               (e.g., steam or       (e.g., steam or
                               nitrogen) mass flow   nitrogen) mass flow
                               for each carbon bed   for each
                               regeneration cycle    regeneration cycle
                               must not fall below   according to Sec.
                               the total             63.3168(d); and
                               regeneration         ii. Maintaining the
                               desorbing gas mass    total regeneration
                               flow limit            desorbing gas mass
                               established           flow at or above
                               according to Sec.     the mass flow
                               63.3167(c).           limit.
                              b. The temperature    i. Measuring the
                               of the carbon bed     temperature of the
                               after completing      carbon bed after
                               each regeneration     completing each
                               and any cooling       regeneration and
                               cycle must not        any cooling cycle
                               exceed the carbon     according to Sec.
                               bed temperature       63.3168(d); and
                               limit established    ii. Operating the
                               according to Sec.     carbon beds such
                               63.3167(c).           that each carbon
                                                     bed is not returned
                                                     to service until
                                                     completing each
                                                     regeneration and
                                                     any cooling cycle
                                                     until the recorded
                                                     temperature of the
                                                     carbon bed is at or
                                                     below the
                                                     temperature limit.
-----------------------------
4. Condenser................  a. The average        i. Collecting the
                               condenser outlet      condenser outlet
                               (product side) gas    (product side) gas
                               temperature in any    temperature
                               3-hour period must    according to Sec.
                               not exceed the        63.3168(e);
                               temperature limit    ii. Reducing the
                               established           data to 3-hour
                               according to Sec.     block averages; and
                               63.3167(d).          iii. Maintaining the
                                                     3-hour average gas
                                                     temperature at the
                                                     outlet at or below
                                                     the temperature
                                                     limit.
-----------------------------
5. Concentrators, including   a. The average        i. Collecting the
 zeolite wheels and rotary     desorption gas        temperature data
 carbon adsorbers.             inlet temperature     according to Sec.
                               in any 3-hour         63.3168(f);
                               period must not      ii. Reducing the
                               fall below the        data to 3-hour
                               limit established     block averages; and
                               according to Sec.    iii. maintaining the
                               63.3167(e).           3-hour average
                                                     temperature at or
                                                     above the
                                                     temperature limit.
-----------------------------
6. Emission capture system    a. The direction of   i. Collecting the
 that is a PTE.                the air flow at all   direction of air
                               times must be into    flow, and either
                               the enclosure; and    the facial velocity
                               either.               of air through all
                              b. The average         natural draft
                               facial velocity of    openings according
                               air through all       to Sec.
                               natural draft         63.3168(g)(1) or
                               openings in the       the pressure drop
                               enclosure must be     across the
                               at least 200 feet     enclosure according
                               per minute; or.       to Sec.
                              c. The pressure drop   63.3168(g)(2); and
                               across the           ii. Maintaining the
                               enclosure must be     facial velocity of
                               at least 0.007 inch   air flow through
                               water, as             all natural draft
                               established in        openings or the
                               Method 204 of         pressure drop at or
                               appendix M to 40      above the facial
                               CFR part 51.          velocity limit or
                                                     pressure drop
                                                     limit, and
                                                     maintaining the
                                                     direction of air
                                                     flow into the
                                                     enclosure at all
                                                     times.
-----------------------------
7. Emission capture system    a. The average gas    i. Vollecting the
 that is not a PTE.            volumetric flow       gas volumetric flow
                               rate or duct static   rate or duct static
                               pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.3168(g);
                               device inlet in any  ii. Reducing the
                               3-hour period must    data to 3-hour
                               not fall below the    block averages; and
                               average volumetric   iii. Maintaining the
                               flow rate or duct     3-hour average gas
                               static pressure       volumetric flow
                               limit established     rate or duct static
                               for that capture      pressure for each
                               device according to   capture device at
                               Sec.   63.3167(f).    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:

[[Page 22654]]



       Table 2 to Subpart IIII of Part 63.--Applicability of General Provisions to Subpart IIII of Part 63
----------------------------------------------------------------------------------------------------------------
              Citation                       Subject         Applicable to  subpart IIII        Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(12).............  General Applicability.  Yes........................
Sec.   63.1(b)(1)-(3)..............  Initial Applicability   Yes........................  Applicability to
                                      Determination.                                       subpart IIII is also
                                                                                           specified in Sec.
                                                                                           63.3081.
Sec.   63.1(c)(1)..................  Applicability After     Yes........................
                                      Standard Established.
Sec.   63.1(c)(2)..................  Applicability of        No.........................  Area sources are not
                                      Permit Program for                                   subject to subpart
                                      Area Sources.                                        IIII.
Sec.   63.1(c)(5)..................  Extensions and          Yes........................
                                      Notifications.
Sec.   63.1(e).....................  Applicability of        Yes........................
                                      Permit Program Before
                                      Relevant Standard is
                                      Set.
Sec.   63.2........................  Definitions...........  Yes........................  Additional definitions
                                                                                           are specified in Sec.
                                                                                             63.3176.
Sec.   63.3(a)-(c).................  Units and               Yes........................
                                      Abbreviations.
Sec.   63.4(a)(1)-(5)..............  Prohibited Activities.  Yes........................
Sec.   63.4(b)-(c).................  Circumvention/          Yes........................
                                      Fragmentation.
Sec.   63.5(a).....................  Preconstruction Review  Yes........................
                                      Applicability.
Sec.   63.5(b)(1)-(6)..............  Requirements for        Yes........................
                                      Existing, Newly
                                      Constructed, and
                                      Reconstructed Sources.
Sec.   63.5(d).....................  Application for         Yes........................
                                      Approval of
                                      Construction/
                                      Reconstruction.
Sec.   63.5(e).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction.
Sec.   63.5(f).....................  Approval of             Yes........................
                                      Construction/
                                      Reconstruction Based
                                      on Prior State Review.
Sec.   63.6(a).....................  Compliance With         Yes........................
                                      Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility.
Sec.   63.6(b)(1)-(7)..............  Compliance Dates for    Yes........................  Section 63.3083
                                      New and Reconstructed                                specifies the
                                      Sources.                                             compliance dates.
Sec.   63.6(c)(1)-(5)..............  Compliance Dates for    Yes........................  Section 63.3083
                                      Existing Sources.                                    specifies the
                                                                                           compliance dates.
Sec.   63.6(e)(1)-(2)..............  Operation and            Yes.......................
                                      Maintenance.
Sec.   63.6(e)(3)..................  SSMP..................  Yes........................  Only sources using an
                                                                                           add-on control device
                                                                                           to comply with the
                                                                                           standard must
                                                                                           complete SSMP.
Sec.   63.6(f)(1)..................  Compliance Except       Yes........................  Applies only to
                                      During Startup,                                      sources using an add-
                                      Shutdown, and                                        on control device to
                                      Malfunction.                                         comply with the
                                                                                           standards.
Sec.   63.6(f)(2)-(3)..............  Methods for             Yes.
                                      Determining
                                      Compliance.
Sec.   63.6(g)(1)-(3)..............  Use of an Alternative   Yes.
                                      Standard.
Sec.   63.6(h).....................  Compliance With         No.........................  Subpart IIII does not
                                      Opacity/Visible                                      establish opacity
                                      Emission Standards.                                  standards and does
                                                                                           not require
                                                                                           continuous opacity
                                                                                           monitoring systems
                                                                                           (COMS).
Sec.   63.6(i).....................  Extension of            Yes.
                                      Compliance.
63.6(j)............................  Presidential            Yes.
                                      Compliance Exemption.
Sec.   63.7(a)(1)..................  Performance Test        Yes........................  Applies to all
                                      Requirements--Applica                                affected sources.
                                      bility.                                              Additional
                                                                                           requirements for
                                                                                           performance testing
                                                                                           are specified in Sec.
                                                                                            Sec.   63.3164 and
                                                                                           63.3166.
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 63.3160
                                                                                           specifies the
                                                                                           schedule for
                                                                                           performance test
                                                                                           requirements that are
                                                                                           earlier than those
                                                                                           specified in Sec.
                                                                                           63.7(a)(2).
Sec.   63.7(a)(3)..................  Performance Tests       Yes.
                                      Required By the
                                      Administrator.
Sec.   63.7(b)-(e).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Notific                                performance tests for
                                      ation, Quality                                       capture system and
                                      Assurance, Facilities                                add-on control device
                                      Necessary for Safe                                   efficiency at sources
                                      Testing Conditions                                   using these to comply
                                      During Test.                                         with the standards.
Sec.   63.7(f).....................  Performance Test        Yes........................  Applies to all test
                                      Requirements--Use of                                 methods except those
                                      Alternative Test                                     used to determine
                                      Method.                                              capture system
                                                                                           efficiency.
Sec.   63.7(g)-(h).................  Performance Test        Yes........................  Applies only to
                                      Requirements--Data                                   performance tests for
                                      Analysis,                                            capture system and
                                      Recordkeeping,                                       add-on control device
                                      Reporting, Waiver of                                 efficiency at sources
                                      Test.                                                using these to comply
                                                                                           with the standards.

[[Page 22655]]

 
Sec.   63.8(a)(1)-(3)..............  Monitoring              Yes........................  Applies only to
                                      Requirements--Applica                                monitoring of capture
                                      bility.                                              system and add-on
                                                                                           control device
                                                                                           efficiency at sources
                                                                                           using these to comply
                                                                                           with the standards.
                                                                                           Additional
                                                                                           requirements for
                                                                                           monitoring are
                                                                                           specified in Sec.
                                                                                           63.3168.
Sec.   63.8(a)(4)..................  Additional Monitoring   No.........................  Subpart IIII does not
                                      Requirements.                                        have monitoring
                                                                                           requirements for
                                                                                           flares.
Sec.   63.8(b).....................  Conduct of Monitoring.  Yes........................  ......................
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 standards.
                                                                                           Additional
                                                                                           requirements for CMS
                                                                                           operations and
                                                                                           maintenance are
                                                                                           specified in Sec.
                                                                                           63.3168.
Sec.   63.8(c)(4)..................  CMS...................  No.........................  Section 63.3168
                                                                                           specifies the
                                                                                           requirements for the
                                                                                           operation of CMS for
                                                                                           capture systems and
                                                                                           add-on control
                                                                                           devices at sources
                                                                                           using these to comply
                                                                                           with the standards.
Sec.   63.89(c)(5).................  COMS..................  No.........................  Subpart IIII does not
                                                                                           have opacity or
                                                                                           visible emission
                                                                                           standards.
Sec.   63.8(c)(6)..................  CMS Requirements......  No.........................  Section 63.3168
                                                                                           specifies the
                                                                                           requirements for
                                                                                           monitoring systems
                                                                                           for capture systems
                                                                                           and add-on control
                                                                                           devices at sources
                                                                                           using these to comply
                                                                                           with the standards.
Sec.   63.8(c)(7)..................  CMS Out-of-Control      No                           ......................
                                      Periods.
Sec.   63.8(c)(8)..................  CMS Out-of-Control      No.........................  Section 63.3120
                                      Periods Reporting.                                   requires reporting of
                                                                                           CMS out-of-control
                                                                                           periods.
Sec.   63.8(d)-(e).................  Quality Control         No.........................  Subpart IIII does not
                                      Program and CMS                                      require the use of
                                      Performance                                          continuous emissions
                                      Evaluation.                                          monitoring systems.
Sec.   63.8(f)(1)-(5)..............  Use of an Alternative   Yes.
                                      Monitoring Method.
Sec.   63.8(f)(6)..................  Alternative to          No.........................  Subpart IIII does not
                                      Relative Accuracy                                    require the use of
                                      Test.                                                continuous emissions
                                                                                           monitoring systems.
Sec.   63.8(g)(1)-(5)..............  Data Reduction........  No.........................  Sections 63.3167 and
                                                                                           63.3168 specify
                                                                                           monitoring data
                                                                                           reduction.
Sec.   63.9(a)-(d).................  Notification            Yes.
                                      Requirements.
Sec.   63.9(e).....................  Notification of         Yes........................  Applies only to
                                      Performance Test.                                    capture system and
                                                                                           add-on control device
                                                                                           performance tests at
                                                                                           sources using these
                                                                                           to comply with the
                                                                                           standards.
Sec.   63.9(f).....................  Notification of         No.........................  Subpart IIII does not
                                      Visible Emissions/                                   have opacity or
                                      Opacity Test.                                        visible emission
                                                                                           standards.
Sec.   63.9(g)(1)-(3)..............  Additional              No.........................  Subpart IIII does not
                                      Notifications When                                   require the use of
                                      Using CMS.                                           continuous emissions
                                                                                           monitoring systems.
Sec.   63.9(h).....................  Notification of         Yes........................  Section 63.3110
                                      Compliance Status.                                   specifies the dates
                                                                                           for submitting the
                                                                                           notification of
                                                                                           compliance status.
Sec.   63.9(i).....................  Adjustment of           Yes........................  ......................
                                      Submittal Deadlines.
Sec.   63.9(j).....................  Change in Previous      Yes.
                                      Information.
Sec.   63.10(a)....................  Recordkeeping/          Yes.
                                      Reporting--Applicabil
                                      ity and General
                                      Information.
Sec.   63.10(b)(1).................  General Recordkeeping   Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           Sec.   63.3130 and
                                                                                           63.3131.
Sec.   63.10(b)(2)(i)-(v)..........  Recordkeeping Relevant  Yes........................  Requirements for
                                      to Startup, Shutdown,                                startup, shutdown,
                                      and Malfunction                                      and malfunction
                                      Periods and CMS.                                     records only apply to
                                                                                           capture systems and
                                                                                           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.

[[Page 22656]]

 
Sec.   63.10(b)(2)(xiii)...........  ......................  No.........................  Subpart IIII 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.
                                                                                           63.3120(a)(6).
Sec.   63.10(c)(9)-(15)............  ......................  Yes                          ......................
Sec.   63.10(d)(1).................  General Reporting       Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.3120.
Sec.   63.10(d)(2).................  Report of Performance   Yes........................  Additional
                                      Test Results.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.3120(b).
Sec.   63.10(d)(3).................  Reporting Opacity or    No.........................  Subpart IIII 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
                                      Malfunction Reports.                                 capture systems and
                                                                                           add-on control
                                                                                           devices used to
                                                                                           comply with the
                                                                                           standards.
Sec.   63.10(e)(1)-(2).............  Additional CMS Reports  No.........................  Subpart IIII does not
                                                                                           require the use of
                                                                                           continuous emissions
                                                                                           monitoring systems.
Sec.   63.10(e)(3).................  Excess Emissions/CMS    No.........................  Section 63.3120(b)
                                      Performance Reports.                                 specifies the
                                                                                           contents of periodic
                                                                                           compliance reports.
Sec.   63.10(e)(4).................  COMS Data Reports.....  No.........................  Subpart IIII does not
                                                                                           specify requirements
                                                                                           for opacity or COMS.
Sec.   63.10(f)....................  Recordkeeping/          Yes                          ......................
                                      Reporting Waiver.
Sec.   63.11.......................  Control Device          No.........................  Subpart IIII 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:

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

[[Page 22657]]

 
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 IIII of Part 63.--Default Organic HAP Mass Fraction for Petroleum Solvent Groups a
----------------------------------------------------------------------------------------------------------------
                                     Average
          Solvent type             organic HAP                 Typical organic HAP, percent by mass
                                  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, and you only know whether the blend is aliphatic or aromatic.
\b\ E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon,
  Aliphatic Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha,
  Solvent Blend.
\c\ E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic
  Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.

Appendix A to Subpart IIII of Part 63--Determination of Capture 
Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions 
From Solvent-borne Coatings Using Panel Testing

    1.0 Applicability, Principle, and Summary of Procedure.
    1.1 Applicability.
    This procedure applies to the determination of capture 
efficiency of automobile and light-duty truck spray booth emissions 
from solvent-borne coatings using panel testing. This procedure can 
be used to determine capture efficiency for partially controlled 
spray booths (e.g., automated spray zones controlled and manual 
spray zones not controlled) and for fully controlled spray booths.
    1.2 Principle.
    1.2.1 The volatile organic compounds (VOC) associated with the 
coating solids deposited on a part (or panel) in a controlled spray 
booth zone (or group of contiguous controlled spray booth zones) 
partition themselves between the VOC that volatilize in the 
controlled spray booth zone (principally between the spray gun and 
the part) and the VOC that remain on the part (or panel) when the 
part (or panel) leaves the controlled spray booth zone. For solvent-
borne coatings essentially all of the VOC associated with the 
coating solids deposited on a part (or panel) in a controlled spray 
booth zone that volatilize in the controlled spray booth zone pass 
through the waterwash and are exhausted from the controlled spray 
booth zone to the control device.
    1.2.2 The VOC associated with the overspray coating solids in a 
controlled spray booth zone partition themselves between the VOC 
that volatilize in the controlled spray booth zone and the VOC that 
are still tied to the overspray coating solids when the overspray 
coating solids hit the waterwash. For solvent-borne coatings almost 
all of the VOC associated with the overspray coating solids that 
volatilize in the controlled spray booth zone pass through the 
waterwash and are exhausted from the controlled spray booth zone to 
the control device. The exact fate of the VOC still tied to the 
overspray coating solids when the overspray coating solids hit the 
waterwash is unknown. This procedure assumes that none of the VOC 
still tied to the overspray coating solids when the overspray 
coating solids hit the waterwash are captured and delivered to the 
control device. Much of this VOC may become entrained in the water 
along with the overspray coating solids. Most of the VOC that become 
entrained in the water along with the overspray coating solids leave 
the water, but the point at which this VOC leave the water is 
unknown. Some of the VOC still tied to the overspray coating solids 
when the overspray coating solids hit the waterwash may pass through 
the waterwash and be exhausted from the controlled spray booth zone 
to the control device.
    1.2.3 This procedure assumes that the portion of the VOC 
associated with the overspray coating solids in a controlled spray 
booth zone that volatilizes in the controlled spray booth zone, 
passes through the waterwash and is exhausted from the controlled 
spray booth zone to the control device is equal to the portion of 
the VOC associated with the coating solids deposited on a part (or 
panel) in that controlled spray booth zone that volatilizes in the 
controlled spray booth zone, passes through the waterwash, and is 
exhausted from the controlled spray booth zone to the control 
device. This assumption is equivalent to treating all of the coating 
solids sprayed in the controlled spray booth zone as if they are 
deposited coating solids (i.e., assuming 100 percent transfer 
efficiency) for purposes of using a panel test to determine spray 
booth capture efficiency.
    1.2.4 This is a conservative (low) assumption for the portion of 
the VOC associated with the overspray coating solids in a controlled 
spray booth zone that volatilizes in the controlled spray booth 
zone. Thus, this assumption results in an underestimate of 
conservative capture efficiency. The overspray coating solids have 
more travel time and distance from the spray gun to the waterwash 
than the deposited coating solids have between the spray gun and the 
part (or panel). Therefore, the portion of the VOC associated with 
the overspray coating solids in a controlled spray booth zone that 
volatilizes in the controlled spray booth zone should be greater 
than the portion of the VOC associated with the coating solids 
deposited on a part (or panel) in that controlled spray booth zone 
that volatilizes in that controlled spray booth zone.
    1.3 Summary of Procedure.
    1.3.1 A panel test is performed to determine the mass of VOC 
that remains on the panel when the panel leaves a controlled spray 
booth zone. The total mass of VOC associated with the coating solids 
deposited on the panel is calculated.
    1.3.2 The percent of the total VOC associated with the coating 
solids deposited on the panel in the controlled spray booth zone 
that remains on the panel when the panel leaves the controlled 
section of the spray booth is then calculated from the ratio of the 
two previously determined masses. The percent of the total VOC 
associated with the coating solids deposited on the panel in the 
controlled spray booth zone that is captured and delivered to the 
control device equals 100 minus this percentage. (The mass of VOC 
associated with the coating solids deposited on the panel which is 
volatilized and captured in the controlled spray booth zone equals 
the difference between the total mass of VOC associated with the 
coating solids deposited on the panel and the mass of VOC remaining 
with the coating solids

[[Page 22658]]

deposited on the panel when the panel leaves the controlled spray 
booth zone.)
    1.3.3 The percent of the total VOC associated with the coating 
sprayed in the controlled spray booth zone that is captured and 
delivered to the control device is assumed to be equal to the 
percent of the total VOC associated with the coating solids 
deposited on the panel in the controlled spray booth zone that is 
captured and delivered to the control device. The percent of the 
total VOC associated with the coating sprayed in the entire spray 
booth that is captured and delivered to the control device can be 
calculated by multiplying the percent of the total VOC associated 
with the coating sprayed in the controlled spray booth zone that is 
captured and delivered to the control device by the fraction of 
coating sprayed in the spray booth that is sprayed in the controlled 
spray booth zone.
    2.0 Procedure.
    2.1 You may conduct panel testing to determine the capture 
efficiency of spray booth emissions. You must follow the 
instructions and calculations in this appendix A, and use the panel 
testing procedures in ASTM Method D5087-02, ``Standard Test Method 
for Determining Amount of Volatile Organic Compound (VOC) Released 
from Solventborne Automotive Coatings and Available for Removal in a 
VOC Control Device (Abatement)'' (incorporated by reference, see 
Sec.  63.14), or the guidelines presented in ``Protocol for 
Determining Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-
018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22). You 
must weigh panels at the points described in section 2.5 of this 
appendix A and perform calculations as described in sections 3 and 4 
of this appendix A. You may conduct panel tests on the production 
paint line in your facility or in a laboratory simulation of the 
production paint line in your facility.
    2.2 You may conduct panel testing on representative coatings as 
described in ``Protocol for Determining Daily Volatile Organic 
Compound Emission Rate of Automobile and Light-Duty Truck Topcoat 
Operations,'' EPA-450/3-88-018 (Docket ID No. OAR-2002-0093 and 
Docket ID No. A-2001-22). If you panel test representative coatings, 
then you may calculate either a unique percent capture efficiency 
value for each coating grouped with that representative coating, or 
a composite percent capture efficiency value for the group of 
coatings. If you panel test each coating, then you must convert the 
panel test result for each coating to a unique percent capture 
efficiency value for that coating.
    2.3 Identification of Controlled Spray Booth Zones.
    You must identify each controlled spray booth zone or each group 
of contiguous controlled spray booth zones to be tested. (For 
example, a controlled bell zone immediately followed by a controlled 
robotic zone.) Separate panel tests are required for non-contiguous 
controlled spray booth zones. The flash zone between the last 
basecoat zone and the first clearcoat zone makes these zones non-
contiguous.
    2.4 Where to Apply Coating to the Panel.
    If you are conducting a panel test for a single controlled spray 
booth zone, then you must apply coating to the panel only in that 
controlled spray booth zone. If you are conducting a panel test for 
a group of contiguous controlled spray booth zones, then you must 
apply coating to the panel only in that group of contiguous 
controlled spray booth zones.
    2.5 How to Process and When to Weigh the Panel.
    The instructions in this section pertain to panel testing of 
coating, i, or of the coating representing the group of coatings 
that includes coating, i.
    2.5.1 You must weigh the blank panel. (Same as in bake oven 
panel test.) The mass of the blank panel is represented by 
Wblank,i (grams).
    2.5.2 Apply coating, i, or the coating representing coating, i, 
to the panel in the controlled spray booth zone or group of 
contiguous controlled spray booth zones being tested (in plant 
test), or in a simulation of the controlled spray booth zone or 
group of contiguous controlled spray booth zones being tested 
(laboratory test).
    2.5.3 Remove and weigh the wet panel as soon as the wet panel 
leaves the controlled spray booth zone or group of contiguous 
controlled spray booth zones being tested. (Different than bake oven 
panel test.) This weighing must be conducted quickly to avoid 
further evaporation of VOC. The mass of the wet panel is represented 
by Wwet,i (grams).
    2.5.4 Return the wet panel to the point in the coating process 
or simulation of the coating process where it was removed for 
weighing.
    2.5.5 Allow the panel to travel through the rest of the coating 
process in the plant or laboratory simulation of the coating 
process. You must not apply any more coating to the panel after it 
leaves the controlled spray booth zone (or group of contiguous 
controlled spray booth zones) being tested. The rest of the coating 
process or simulation of the coating process consists of:
    2.5.5.1 All of the spray booth zone(s) or simulation of all of 
the spray booth zone(s) located after the controlled spray booth 
zone or group of contiguous controlled spray booth zones being 
tested and before the bake oven where the coating applied to the 
panel is cured,
    2.5.5.2 All of the flash-off area(s) or simulation of all of the 
flash-off area(s) located after the controlled spray booth zone or 
group of contiguous controlled spray booth zones being tested and 
before the bake oven where the coating applied to the panel is 
cured, and
    2.5.5.3 The bake oven or simulation of the bake oven where the 
coating applied to the panel is cured.
    2.5.6 After the panel exits the bake oven, you must cool and 
weigh the baked panel. (Same as in bake oven panel test.) The mass 
of the baked panel is represented by Wbaked,i (grams).
    3.0 Panel Calculations.
    The instructions in this section pertain to panel testing of 
coating, i, or of the coating representing the group of coatings 
that includes coating, i.
    3.1 The mass of coating solids (from coating, i, or from the 
coating representing coating, i, in the panel test) deposited on the 
panel equals the mass of the baked panel minus the mass of the blank 
panel as shown in Equation A-1.
[GRAPHIC] [TIFF OMITTED] TR26AP04.028

Where:

    Wsdep, i = Mass of coating solids (from coating, i, 
or from the coating representing coating, i, in the panel test) 
deposited on the panel, grams.

    3.2 The mass of VOC (from coating, i, or from the coating 
representing coating, i, in the panel test) remaining on the wet 
panel when the wet panel leaves the controlled spray booth zone or 
group of contiguous controlled spray booth zones being tested equals 
the mass of the wet panel when the wet panel leaves the controlled 
spray booth zone or group of contiguous controlled spray booth zones 
being tested minus the mass of the baked panel as shown in Equation 
A-2.
[GRAPHIC] [TIFF OMITTED] TR26AP04.029

Where:

Wrem,i = Mass of VOC (from coating, i, or from the 
coating representing coating, i, in the panel test) remaining on the 
wet panel when the wet panel leaves the controlled spray booth zone 
or group of contiguous controlled spray booth zones being tested, 
grams.

    3.3 Calculate the mass of VOC (from coating, i, or from the 
coating representing coating, i, in the panel test) remaining on the 
wet panel when the wet panel leaves the controlled spray booth zone 
or group of contiguous controlled spray booth zones being tested per 
mass of coating solids deposited on the panel as shown in Equation 
A-3.
[GRAPHIC] [TIFF OMITTED] TR26AP04.030

Where:

Pm,i = Mass of VOC (from coating, i, or from the coating 
representing coating, i, in the panel test) remaining on the wet 
panel when the wet panel leaves the controlled spray booth zone or 
group of contiguous controlled spray booth zones being tested per 
mass of coating solids deposited on the panel, grams of VOC 
remaining per gram of coating solids deposited.
Wrem, i = Mass of VOC (from coating, i, or from the 
coating representing coating, i, in the panel test) remaining on the 
wet panel when the wet panel leaves the controlled spray booth zone 
or group of contiguous controlled spray booth zones being tested, 
grams.
Wsdep,i = Mass of coating solids (from coating, i, or 
from the coating representing coating, i, in the panel test) 
deposited on the panel, grams.

    4.0 Converting Panel Result to Percent Capture.
    The instructions in this section pertain to panel testing of for 
coating, i, or of the coating representing the group of coatings 
that includes coating, i.

[[Page 22659]]

    4.1 If you panel test representative coatings, then you may 
convert the panel test result for each representative coating from 
section 3.3 of this appendix A either to a unique percent capture 
efficiency value for each coating grouped with that representative 
coating by using coating specific values for the mass fraction 
coating solids and mass fraction VOC in section 4.2 of this appendix 
A, or to a composite percent capture efficiency value for the group 
of coatings by using the average values for the group of coatings 
for mass fraction coating solids and mass fraction VOC in section 
4.2 of this appendix A. If you panel test each coating, then you 
must convert the panel test result for each coating to a unique 
percent capture efficiency value by using coating specific values 
for the mass fraction coating solids and mass fraction VOC in 
section 4.2 of this appendix A. The mass fraction of VOC in the 
coating and the mass fraction of solids in the coating must be 
determined by Method 24 (appendix A to 40 CFR part 60) or by 
following the guidelines for combining analytical VOC content and 
formulation solvent content presented in ``Protocol for Determining 
Daily Volatile Organic Compound Emission Rate of Automobile and 
Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-018 (Docket ID 
No. OAR-2002-0093 and Docket ID No. A-2001-22).
    4.2 The percent of VOC for coating, i, or composite percent of 
VOC for the group of coatings including coating, i, associated with 
the coating solids deposited on the panel that remains on the wet 
panel when the wet panel leaves the controlled spray booth zone or 
group of contiguous controlled spray booth zones being tested is 
calculated using Equation A-4.
[GRAPHIC] [TIFF OMITTED] TR26AP04.031

Where:

Pvocpan,i = Percent of VOC for coating, i, or composite 
percent of VOC for the group of coatings including coating, i, 
associated with the coating solids deposited on the panel that 
remains on the wet panel when the wet panel leaves the controlled 
spray booth zone (or group of contiguous controlled spray booth 
zones) being tested, percent.
Pm,i = Mass of VOC (from coating, i, or from the coating 
representing coating, i, in the panel test) remaining on the wet 
panel when the wet panel leaves the controlled spray booth zone or 
group of contiguous controlled spray booth zones being tested per 
mass of coating solids deposited on the panel, grams of VOC 
remaining per gram of coating solids deposited.
Ws,i = Mass fraction of coating solids for coating, i, or 
average mass fraction of coating solids for the group of coatings 
including coating, i, grams coating solids per gram coating, 
determined by Method 24 (appendix A to 40 CFR part 60) or by 
following the guidelines for combining analytical VOC content and 
formulation solvent content presented in ``Protocol for Determining 
Daily Volatile Organic Compound Emission Rate of Automobile and 
Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-018 (Docket ID 
No. OAR-2002-0093 and Docket ID No. A-2001-22).
Wvocc,i = Mass fraction of VOC in coating, i, or average 
mass fraction of VOC for the group of coatings including coating, i, 
grams VOC per grams coating, determined by Method 24 (appendix A to 
40 CFR part 60) or the guidelines for combining analytical VOC 
content and formulation solvent content presented in ``Protocol for 
Determining Daily Volatile Organic Compound Emission Rate of 
Automobile and Light-Duty Truck Topcoat Operations,'' EPA-450/3-88-
018 (Docket ID No. OAR-2002-0093 and Docket ID No. A-2001-22).

    4.3 The percent of VOC for coating, i, or composite percent of 
VOC for the group of coatings including coating, i, associated with 
the coating sprayed in the controlled spray booth zone (or group of 
contiguous controlled spray booth zones) being tested that is 
captured in the controlled spray booth zone or group of contiguous 
controlled spray booth zones being tested, CEzone,i 
(percent), is calculated using Equation A-5.
[GRAPHIC] [TIFF OMITTED] TR26AP04.032

Where:

CEzone,i = Capture efficiency for coating, i, or for the 
group of coatings including coating, i, in the controlled spray 
booth zone or group of contiguous controlled spray booth zones being 
tested as a percentage of the VOC in the coating, i, or of the group 
of coatings including coating, i, sprayed in the controlled spray 
booth zone or group of contiguous controlled spray booth zones being 
tested, percent.

    4.4 Calculate the percent of VOC for coating, i, or composite 
percent of VOC for the group of coatings including coating, i, 
associated with the entire volume of coating, i, or with the total 
volume of all of the coatings grouped with coating, i, sprayed in 
the entire spray booth that is captured in the controlled spray 
booth zone or group of contiguous controlled spray booth zones being 
tested, using Equation A-6. The volume of coating, i, or of the 
group of coatings including coating, i, sprayed in the controlled 
spray booth zone or group of contiguous controlled spray booth zones 
being tested, and the volume of coating, i, or of the group of 
coatings including coating, i, sprayed in the entire spray booth may 
be determined from gun on times and fluid flow rates or from direct 
measurements of coating usage.
[GRAPHIC] [TIFF OMITTED] TR26AP04.033

Where:

CEi = Capture efficiency for coating, i, or for the group 
of coatings including coating, i, in the controlled spray booth zone 
(or group of contiguous controlled spray booth zones) being tested 
as a percentage of the VOC in the coating, i, or of the group of 
coatings including coating, i, sprayed in the entire spray booth in 
which the controlled spray booth zone (or group of contiguous 
controlled spray booth zones) being tested, percent.
Vzone,i = Volume of coating, i, or of the group of 
coatings including coating, i, sprayed in the controlled spray booth 
zone or group of contiguous controlled spray booth zones being 
tested, liters.
Vbooth,i = Volume of coating, i, or of the group of 
coatings including coating, i, sprayed in the entire spray booth 
containing the controlled spray booth zone (or group of contiguous 
controlled spray booth zones) being tested, liters.

    4.5 If you conduct multiple panel tests for the same coating or 
same group of coatings in the same spray booth (either because the 
coating or group of coatings is controlled in non-contiguous zones 
of the spray booth, or because you choose to conduct separate panel 
tests for contiguous controlled spray booth zones), then you may add 
the result from section 4.4 for each such panel test to get the 
total capture efficiency for the coating or group of coatings over 
all of the controlled zones in the spray booth for the coating or 
group of coatings.

[[Page 22660]]

Subpart MMMM--[Amended]

0
4. Section 63.3881 is amended by adding paragraphs (c)(17), and (d), 
and revising paragraphs (e)(2) introductory text and (e)(3) to read as 
follows:


Sec.  63.3881  Am I subject to this subpart?

* * * * *
    (c) * * *
    (17) Surface coating of metal components of automobiles and light-
duty trucks that meets the applicability criteria in Sec.  63.3082(b) 
for the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 
CFR part 63, subpart IIII) at a facility that meets the applicability 
criteria in Sec.  63.3081(b).
    (d) If your facility meets the applicability criteria in Sec.  
63.3081(b) of the Surface Coating of Automobiles and Light-Duty Trucks 
NESHAP (40 CFR part 63, subpart IIII), and you perform surface coating 
of metal parts or products that meets both the applicability criteria 
in Sec.  63.3082(c) and the applicability criteria of the Surface 
Coating of Miscellaneous Metal Parts and Products (40 CFR part 63, 
subpart MMMM), then for the surface coating of any or all of your metal 
parts or products that meets the applicability criteria in Sec.  
63.3082(c), you may choose to comply with the requirements of subpart 
IIII of this part in lieu of complying with the Surface Coating of 
Miscellaneous Metal Parts and Products NESHAP. Surface coating 
operations on metal parts or products not intended for use in 
automobiles or light-duty trucks (for example, parts for motorcycles or 
lawn mowers) cannot be made part of your affected source under subpart 
IIII of this part.
    (e) * * *
    (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 high performance, rubber-to-metal, or extreme 
performance fluoropolymer coating operations as the predominant 
activity. You must not consider any surface coating activity that is 
subject to the Surface Coating of Automobiles and Light-Duty Trucks 
NESHAP (40 CFR part 63, subpart IIII) in determining the predominant 
surface coating activity at your facility.
* * * * *
    (3) You may comply with a facility-specific emission limit 
calculated from the relative amount of coating activity that is subject 
to each emission limit. If you elect to comply using the facility-
specific emission limit alternative, then compliance with the facility-
specific emission limit and the emission limitations in this subpart 
for all surface coating operations constitutes compliance with this and 
other applicable surface coating NESHAP. The procedures for calculating 
the facility-specific emission limit are specified in Sec.  63.3890. In 
calculating a facility-specific emission limit, you must include 
coating activities that meet the applicability criteria of other 
surface coating NESHAP and constitute more than 1 percent of total 
coating activities at your facility. You must not consider any surface 
coating activity that is subject to the Surface Coating of Automobiles 
and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) in 
determining a facility-specific emission limit for 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.

0
5. Section 63.3910 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.3910  What notifications must I submit?

* * * * *
    (b) Initial Notification. You must submit the initial notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup or 120 days after January 2, 
2004, whichever is later. For an existing affected source, you must 
submit the initial notification no later than 1 year after January 2, 
2004. If you are using compliance with the Surface Coating of 
Automobiles and Light-Duty Trucks NESHAP (subpart IIII of this part) as 
provided for under Sec.  63.3881(d) to constitute compliance with this 
subpart for any or all of your metal parts coating operations, then you 
must include a statement to this effect in your initial notification, 
and no other notifications are required under this subpart in regard to 
those metal parts coating operations. If you are complying with another 
NESHAP that constitutes the predominant activity at your facility under 
Sec.  63.3881(e)(2) to constitute compliance with this subpart for your 
metal parts coating operations, then you must include a statement to 
this effect in your initial notification, and no other notifications 
are required under this subpart in regard to those metal parts coating 
operations.
* * * * *

Subpart PPPP--[Amended]

0
6. Section 63.4481 is amended by adding paragraphs (c)(16) and (d), and 
revising paragraphs (e)(2) introductory text and (3) to read as 
follows:


Sec.  63.4481  Am I subject to this subpart?

* * * * *
    (c) * * *
    (16) Surface coating of plastic components of automobiles and 
light-duty trucks that meet the applicability criteria in Sec.  
63.3082(b) of the Surface Coating of Automobiles and Light-Duty Trucks 
NESHAP (40 CFR part 63, subpart IIII) at a facility that meets the 
applicability criteria in Sec.  63.3081(b).
    (d) If your facility meets the applicability criteria in Sec.  
63.3081(b) of the Surface Coating of Automobiles and Light-Duty Trucks 
NESHAP (40 CFR part 63, subpart IIII) and you perform surface coating 
of plastic parts or products that meets both the applicability criteria 
in Sec.  63.3082(c) and the applicability criteria of this subpart, 
then for the surface coating of any or all of your plastic parts or 
products that meets the applicability criteria in Sec.  63.3082(c), you 
may choose to comply with the requirements of subpart IIII of this part 
in lieu of complying with this subpart. Surface coating operations on 
plastic parts or products not intended for use in automobiles or light-
duty trucks (for example, parts for motorcycles or lawn mowers) cannot 
be made part of your affected source under subpart IIII of this part.
    (e) * * *
    (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 or automotive lamp 
coating operations as the predominant activity. You must not consider 
any surface coating activity that is subject to the Surface Coating of 
Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) 
in determining the predominant surface coating activity at your 
facility.
* * * * *
    (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 
subpart and other applicable surface coating NESHAP.

[[Page 22661]]

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. You must not 
consider any surface coating activity that is subject to the Surface 
Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, 
subpart IIII) in determining a facility-specific emission limit for 
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.

0
7. Section 63.4510 is amended by revising paragraph (b) to read as 
follows:


Sec.  63.4510  What notifications must I submit?

* * * * *
    (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 Surface Coating of 
Automobiles and Light-Duty Trucks NESHAP (subpart IIII of this part) as 
provided for under Sec.  63.4481(d) to constitute compliance with this 
subpart for any or all of your plastic parts coating operations, then 
you must include a statement to this effect in your initial 
notification, and no other notifications are required under this 
subpart in regard to those plastic parts coating operations. 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 parts coating operations, then you 
must include a statement to this effect in your initial notification, 
and no other notifications are required under this subpart in regard to 
those plastic parts coating operations.
* * * * *

PART 264--[AMENDED]

0
8. The authority citation for part 264 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, and 6925, et seq.


0
9. Section 264.1050 is amended by adding paragraph (h) after paragraph 
(g) and before the note to read as follows:


Sec.  264.1050  Applicability.

* * * * *
    (h) Purged coatings and solvents from surface coating operations 
subject to the national emission standards for hazardous air pollutants 
(NESHAP) for the surface coating of automobiles and light-duty trucks 
at 40 CFR part 63, subpart IIII, are not subject to the requirements of 
this subpart.
* * * * *

PART 265--[AMENDED]

0
10. The authority citation for part 265 continues to read as follows:

    Authority: 42 U.S.C. 6905, 6912(a), 6924, 6925, and 6935, et 
seq.


0
11. Section 265.1050 is amended by adding paragraph (g) after paragraph 
(f) and before the note to read as follows:


Sec.  265.1050  Applicability.

* * * * *
    (g) Purged coatings and solvents from surface coating operations 
subject to the national emission standards for hazardous air pollutants 
(NESHAP) for the surface coating of automobiles and light-duty trucks 
at 40 CFR part 63, subpart IIII, are not subject to the requirements of 
this subpart.
* * * * *

[FR Doc. 04-8215 Filed 4-23-04; 8:45 am]
BILLING CODE 6560-50-P