[Federal Register Volume 73, Number 65 (Thursday, April 3, 2008)]
[Proposed Rules]
[Pages 18334-18381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6411]



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Part II





Environmental Protection Agency





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40 CFR Part 63



 National Emission Standards for Hazardous Air Pollutants: Area Source 
Standards for Nine Metal Fabrication and Finishing Source Categories; 
Proposed Rule

  Federal Register / Vol. 73, No. 65 / Thursday, April 3, 2008 / 
Proposed Rules  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0306; FRL-8547-2]
RIN 2060-AO27


 National Emission Standards for Hazardous Air Pollutants: Area 
Source Standards for Nine Metal Fabrication and Finishing Source 
Categories

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing national emission standards for control of 
hazardous air pollutants (HAP) for nine metal fabrication and finishing 
area source categories. This rule proposes emission standards in the 
form of management practices and equipment standards for new and 
existing operations of dry abrasive blasting, machining, dry grinding 
and dry polishing with machines, spray painting and other spray 
coating, and welding operations. These proposed standards reflect EPA's 
determination regarding the generally achievable control technology 
(GACT) and/or management practices for the nine area source categories.

DATES: Comments must be received on or before May 5, 2008, unless a 
public hearing is requested by April 14, 2008. If a hearing is 
requested on this proposed rule, written comments must be received by 
May 19, 2008. Under the Paperwork Reduction Act, comments on the 
information collection provisions must be received by OMB on or before 
May 5, 2008.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0306, by one of the following methods:
     http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (202) 566-9744.
     Mail: National Emission Standards for Hazardous Air 
Pollutants: Area Source Standards for Metal Fabrication and Finishing 
Operations Docket, Environmental Protection Agency, Air and Radiation 
Docket and Information Center, Mailcode: 2822T, 1200 Pennsylvania Ave., 
NW., Washington, DC 20460. Please include a total of two copies. In 
addition, please mail a copy of your comments on the information 
collection provisions to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for 
EPA, 725 17th St., NW., Washington, DC 20503.
     Hand Delivery: EPA Docket Center, Public Reading Room, EPA 
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. 
Such deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2006-0306. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
confidential business information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at the NESHAP for Metal Fabrication 
and Finishing Area Sources Docket, at the EPA Docket and Information 
Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, 
DC. The 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 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Dr. Donna Lee Jones, Sector Policies 
and Programs Division, Office of Air Quality Planning and Standards 
(D243-02), Environmental Protection Agency, Research Triangle Park, 
North Carolina 27711, telephone number: (919) 541-5251; fax number: 
(919) 541-3207; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:
    Outline. The information in this preamble is organized as follows:

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments to EPA?
    C. Where can I get a copy of this document?
    D. When would a public hearing occur?
II. Background Information for Proposed Area Source Standards
    A. What is the statutory authority and regulatory approach for 
the proposed standards?
    B. What source categories are affected by the proposed 
standards?
    C. What are the production operations, emission sources, and 
available controls?
III. Summary of Proposed Standards
    A. Do the proposed standards apply to my source?
    B. When must I comply with the proposed standards?
    C. For what processes is EPA proposing standards?
    D. What emissions control requirements is EPA proposing?
    E. What are the initial compliance provisions?
    F. What are the continuous compliance requirements?
    G. What are the notification, recordkeeping, and reporting 
requirements?
IV. Rationale for This Proposed Rule
    A. How did we select the source category?
    B. How did we select the affected sources?
    C. How did we determine the regulated processes?
    D. How was GACT determined?
    E. How did we select the compliance requirements?
    F. How did we decide to exempt this area source category from 
title V permit requirements?
V. Impacts of the Proposed Standards
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental, and energy 
impacts?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act

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    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 and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by this 
proposed action are shown in the table below. This proposed rule 
applies only to facilities that are an area source of the compounds of 
cadmium, chromium, lead, manganese, and nickel, or an area source of 
volatile organic HAP (VOHAP) from spray painting operations, and which 
perform metal fabrication or finishing operations in one of the 
following nine source categories: (1) Electrical and Electronic 
Equipment Finishing Operations; (2) Fabricated Metal Products; (3) 
Fabricated Plate Work (Boiler Shops); (4) Fabricated Structural Metal 
Manufacturing; (5) Heating Equipment, except Electric; (6) Industrial 
Machinery and Equipment: Finishing Operations; (7) Iron and Steel 
Forging; (8) Primary Metal Products Manufacturing; and (9) Valves and 
Pipe Fittings. Facilities affected by this proposed rule are not 
subject to the miscellaneous coating requirements in 40 CFR part 63, 
subpart HHHHHH, ``National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources,'' for their affected source(s) that are 
subject to the requirements of this proposed rule. There potentially 
may be other sources at the facility not subject to the requirements of 
this proposed rule that are instead subject to subpart HHHHHH of this 
part.

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     Metal fabrication and                         Examples of Regulated
      finishing  category         NAICS Codes\1\          Entities
------------------------------------------------------------------------
Electrical and Electronics      335999...........  Establishments
 Equipment Finishing                                primarily engaged in
 Operations.                                        manufacturing motors
                                                    and generators and
                                                    electrical
                                                    machinery,
                                                    equipment, and
                                                    supplies, not
                                                    elsewhere
                                                    classified. The
                                                    electrical machinery
                                                    equipment and
                                                    supplies industry
                                                    sector includes
                                                    facilities primarily
                                                    engaged in high
                                                    energy particle
                                                    acceleration systems
                                                    and equipment,
                                                    electronic
                                                    simulators,
                                                    appliance and
                                                    extension cords,
                                                    bells and chimes,
                                                    insect traps, and
                                                    other electrical
                                                    equipment and
                                                    supplies, not
                                                    elsewhere
                                                    classified. The
                                                    Motors and
                                                    Generators
                                                    Manufacturing
                                                    industry sector
                                                    includes those
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    electric motors
                                                    (except engine
                                                    starting motors) and
                                                    power generators;
                                                    motor generator
                                                    sets; railway motors
                                                    and control
                                                    equipment; and
                                                    motors, generators
                                                    and control
                                                    equipment for
                                                    gasoline, electric,
                                                    and oil-electric
                                                    buses and trucks.
Fabricated Metal Products.....  332117...........  Establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    fabricated metal
                                                    products, such as
                                                    fire or burglary
                                                    resistive steel
                                                    safes and vaults and
                                                    similar fire or
                                                    burglary resistive
                                                    products; and
                                                    collapsible tubes of
                                                    thin flexible metal.
                                                    Also included are
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing powder
                                                    metallurgy products,
                                                    metal boxes; metal
                                                    ladders; metal
                                                    household articles,
                                                    such as ice cream
                                                    freezers and ironing
                                                    boards; and other
                                                    fabricated metal
                                                    products not
                                                    elsewhere
                                                    classified.
Fabricated Plate Work (Boiler   332313, 332410,    Establishments
 Shops).                         332420.            primarily engaged in
                                                    manufacturing power
                                                    and marine boilers,
                                                    pressure and
                                                    nonpressure tanks,
                                                    processing and
                                                    storage vessels,
                                                    heat exchangers,
                                                    weldments and
                                                    similar products.
Fabricated Structural Metal     332312...........  Establishments
 Manufacturing.                                     primarily engaged in
                                                    fabricating iron and
                                                    steel or other metal
                                                    for structural
                                                    purposes, such as
                                                    bridges, buildings,
                                                    and sections for
                                                    ships, boats, and
                                                    barges.
Heating Equipment, except       333414...........  Establishments
 Electric.                                          primarily engaged in
                                                    manufacturing
                                                    heating equipment,
                                                    except electric and
                                                    warm air furnaces,
                                                    including gas, oil,
                                                    and stoker coal
                                                    fired equipment for
                                                    the automatic
                                                    utilization of
                                                    gaseous, liquid, and
                                                    solid fuels. Typical
                                                    products produced in
                                                    this source category
                                                    include low-pressure
                                                    heating (steam or
                                                    hot water) boilers,
                                                    fireplace inserts,
                                                    domestic (steam or
                                                    hot water) furnaces,
                                                    domestic gas
                                                    burners, gas room
                                                    heaters, gas
                                                    infrared heating
                                                    units, combination
                                                    gas-oil burners, oil
                                                    or gas swimming pool
                                                    heaters, heating
                                                    apparatus (except
                                                    electric or warm
                                                    air), kerosene space
                                                    heaters, gas
                                                    fireplace logs,
                                                    domestic and
                                                    industrial oil
                                                    burners, radiators
                                                    (except electric),
                                                    galvanized iron
                                                    nonferrous metal
                                                    range boilers, room
                                                    heaters (except
                                                    electric), coke and
                                                    gas burning
                                                    salamanders, liquid
                                                    or gas solar energy
                                                    collectors, solar
                                                    heaters, space
                                                    heaters (except
                                                    electric),
                                                    mechanical (domestic
                                                    and industrial)
                                                    stokers, wood and
                                                    coal-burning stoves,
                                                    domestic unit
                                                    heaters (except
                                                    electric), and wall
                                                    heaters (except
                                                    electric).

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Industrial Machinery and        333120, 333132,    Establishments
 Equipment: Finishing            333911.            primarily engaged in
 Operations.                                        construction
                                                    machinery
                                                    manufacturing, oil
                                                    and gas field
                                                    machinery
                                                    manufacturing, and
                                                    pumps and pumping
                                                    equipment
                                                    manufacturing.
                                                    Finishing operations
                                                    include the
                                                    collection of all
                                                    operations
                                                    associated with the
                                                    surface coating of
                                                    industrial machinery
                                                    and equipment. The
                                                    construction
                                                    machinery
                                                    manufacturing
                                                    industry sector
                                                    includes
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing heavy
                                                    machinery and
                                                    equipment of types
                                                    used primarily by
                                                    the construction
                                                    industries, such as
                                                    bulldozers; concrete
                                                    mixers; cranes,
                                                    except industrial
                                                    plan overhead and
                                                    truck-type cranes;
                                                    dredging machinery;
                                                    pavers; and power
                                                    shovels. Also
                                                    included in this
                                                    industry are
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    forestry equipment
                                                    and certain
                                                    specialized
                                                    equipment, not
                                                    elsewhere
                                                    classified, similar
                                                    to that used by the
                                                    construction
                                                    industries, such as
                                                    elevating platforms,
                                                    ship cranes and
                                                    capstans, aerial
                                                    work platforms, and
                                                    automobile wrecker
                                                    hoists. The oil and
                                                    gas field machinery
                                                    manufacturing
                                                    industry sector
                                                    includes
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    machinery and
                                                    equipment for use in
                                                    oil and gas field or
                                                    for drilling water
                                                    wells, including
                                                    portable drilling
                                                    rigs. The pumps and
                                                    pumping equipment
                                                    industry sector
                                                    includes
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing pumps
                                                    and pumping
                                                    equipment for
                                                    general industrial,
                                                    commercial, or
                                                    household use,
                                                    except fluid power
                                                    pumps and motors.
                                                    This category
                                                    includes
                                                    establishments
                                                    primarily engaged in
                                                    manufacturing
                                                    domestic water and
                                                    sump pumps.
Iron and Steel Forging........  33211............  Establishments
                                                    primarily engaged in
                                                    the forging
                                                    manufacturing
                                                    process, where
                                                    purchased iron and
                                                    steel metal is
                                                    pressed, pounded or
                                                    squeezed under great
                                                    pressure into high
                                                    strength parts known
                                                    as forgings. The
                                                    process is usually
                                                    performed hot by
                                                    preheating the metal
                                                    to a desired
                                                    temperature before
                                                    it is worked. The
                                                    forging process is
                                                    different from the
                                                    casting and foundry
                                                    processes, as metal
                                                    used to make forged
                                                    parts is never
                                                    melted and poured.
Primary Metals Products         332618...........  Establishments
 Manufacturing.                                     primarily engaged in
                                                    manufacturing
                                                    products such as
                                                    fabricated wire
                                                    products (except
                                                    springs) made from
                                                    purchased wire.
                                                    These facilities
                                                    also manufacture
                                                    steel balls;
                                                    nonferrous metal
                                                    brads and nails;
                                                    nonferrous metal
                                                    spikes, staples, and
                                                    tacks; and other
                                                    primary metals
                                                    products not
                                                    elsewhere
                                                    classified.
Valves and Pipe Fittings......  332919...........  Establishments
                                                    primarily engaged in
                                                    manufacturing metal
                                                    valves and pipe
                                                    fittings; flanges;
                                                    unions, with the
                                                    exception of
                                                    purchased pipes; and
                                                    other valves and
                                                    pipe fittings not
                                                    elsewhere
                                                    classified.
------------------------------------------------------------------------
\1\North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provide a 
guide for readers regarding entities likely to be affected by this 
action. To determine whether your facility would be regulated by this 
action you can refer to the descriptions in section (II)(B) below. For 
descriptions of the North American Industry Classification System 
(NAICS) codes, you can view information on the U.S. Census site at 
http://www.census.gov/epcd/ec97brdg. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult either the air permit authority for the entity or your EPA 
regional representative as listed in 40 CFR 63.13 of subpart A (General 
Provisions).

B. What should I consider as I prepare my comments to EPA?

    Do not submit information containing CBI to EPA through http://www.regulations.gov or e-mail. Send or deliver information identified 
as CBI only to the following address: Roberto Morales, OAQPS Document 
Control Officer (C404-02), Environmental Protection Agency, Office of 
Air Quality Planning and Standards, Research Triangle Park, North 
Carolina 27711, Attention Docket ID EPA-HQ-OAR-2006-0306. Clearly mark 
the part or all of the information that you claim to be CBI. For CBI 
information in a disk or CD-ROM that you mail to EPA, mark the outside 
of the disk or CD-ROM as CBI and then identify electronically within 
the disk or CD-ROM the specific information that is claimed as CBI. In 
addition to one complete version of the comment that includes 
information claimed as CBI, a copy of the comment that does not contain 
the information claimed as CBI must be submitted for inclusion in the 
public docket. Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.

C. Where can I get a copy of this document?

    In addition to being available in the docket, an electronic copy of 
this proposed action will also be available on the Worldwide Web (WWW) 
through EPA's Technology Transfer Network (TTN). A copy of this 
proposed action will be posted on the TTN's policy and guidance page 
for newly proposed or promulgated rules at the following address: 
http://www.epa.gov/ttn/oarpg/. The TTN provides information and 
technology exchange in various areas of air pollution control.

D. When would a public hearing occur?

    If anyone contacts EPA requesting to speak at a public hearing 
concerning this proposed rule by April 14, 2008, we will hold a public 
hearing on April 18, 2008. If you are interested in attending the 
public hearing, contact Ms. Pamela Garrett at (919) 541-7966 to verify 
that a hearing will be held. If a public hearing is held, it will be 
held at 10 a.m.

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at the EPA's Environmental Research Center Auditorium, Research 
Triangle Park, NC, or an alternate site nearby.

II. Background Information for Proposed Area Source Standards

A. What is the statutory authority and regulatory approach for the 
proposed standards?

    Section 112(d) of the CAA requires us to establish national 
emission standards for hazardous air pollutants (NESHAP) for both major 
and area sources of HAP that are listed for regulation under CAA 
section 112(c). A major source emits or has the potential to emit 10 
tons per year (tpy) or more of any single HAP or 25 tpy or more of any 
combination of HAP. An area source is a stationary source that is not a 
major source.
    Section 112(k)(3)(B) of the CAA calls for EPA to identify at least 
30 HAP which, as the result of emissions from area sources, pose the 
greatest threat to public health in the largest number of urban areas. 
EPA implemented this provision in 1999 in the Integrated Urban Air 
Toxics Strategy (64 FR 38715, July 19, 1999). Specifically, in the 
Strategy, EPA identified 30 HAP that pose the greatest potential health 
threat in urban areas, and these HAP are referred to as the ``30 urban 
HAP.'' Section 112(c)(3) requires EPA to list sufficient categories or 
subcategories of area sources to ensure that area sources representing 
90 percent of the emissions of the 30 urban HAP are subject to 
regulation. We implemented these requirements through the Integrated 
Urban Air Toxics Strategy (64 FR 38715, July 19, 1999). A primary goal 
of the Strategy is to achieve a 75 percent reduction in cancer 
incidence attributable to HAP emitted from stationary sources.
    Under CAA section 112(d)(5), we may elect to promulgate standards 
or requirements for area sources ``which provide for the use of GACT or 
management practices by such sources to reduce emissions of hazardous 
air pollutants.'' Additional information on GACT is found in the Senate 
report on the legislation (Senate Report Number 101-228, December 20, 
1989), which describes GACT as:

    * * * methods, practices and techniques which are commercially 
available and appropriate for application by the sources in the 
category considering economic impacts and the technical capabilities 
of the firms to operate and maintain the emissions control systems.

Consistent with the legislative history, we can consider costs and 
economic impacts in determining GACT, which is particularly important 
when developing regulations for source categories that may have many 
small businesses.

    Determining what constitutes GACT involves considering the control 
technologies and management practices that are generally available to 
the area sources in the source category. We also consider the standards 
applicable to major sources in the same industrial sector to determine 
if the control technologies and management practices are transferable 
and generally available to area sources. In appropriate circumstances, 
we may also consider technologies and practices at area and major 
sources in similar categories to determine whether such technologies 
and practices could be considered generally available for the area 
source category at issue. Finally, as noted above, in determining GACT 
for a particular area source category, we consider the costs and 
economic impacts of available control technologies and management 
practices on that category.
    We are proposing these national emission standards in response to a 
court-ordered deadline that requires EPA to issue standards for 11 
source categories listed pursuant to section 112(c)(3) and (k) by June 
15, 2008 (Sierra Club v. Johnson, no. 01-1537, D.D.C., March 2006). We 
have already issued regulations addressing one of the 11 area source 
categories. See regulations for Wood Preserving (Federal Register, 72 
(135), July 16, 2007.) Other rulemakings will include standards for the 
remaining source categories that are due in June 2008.

B. What source categories are affected by these proposed standards?

    These proposed standards would affect any facility that performs 
metal fabrication or finishing operations in one of the following nine 
metal fabrication and finishing area source categories: (1) Electrical 
and Electronic Equipment Finishing Operations; (2) Fabricated Metal 
Products; (3) Fabricated Plate Work (Boiler Shops); (4) Fabricated 
Structural Metal Manufacturing; (5) Heating Equipment, except Electric; 
(6) Industrial Machinery and Equipment: Finishing Operations; (7) Iron 
and Steel Forging; (8) Primary Metal Products Manufacturing; and (9) 
Valves and Pipe Fittings. Throughout this proposed rule, we refer to 
the nine metal fabrication and finishing source categories collectively 
as ``metal fabrication or finishing operations.''
    The following are descriptions of the nine metal fabrication and 
finishing source categories:
    Electrical and Electronic Equipment Finishing Operations: This 
category includes establishments primarily engaged in manufacturing 
motors and generators and electrical machinery, equipment, and 
supplies, not elsewhere classified, and includes facilities primarily 
engaged in high energy particle acceleration systems and equipment, 
electronic simulators, appliance and extension cords, bells and chimes, 
insect traps, and other electrical equipment and supplies not elsewhere 
classified. This category also includes those establishments primarily 
engaged in manufacturing electric motors (except engine starting 
motors) and power generators; motor generator sets; railway motors and 
control equipment; and motors, generators and control equipment for 
gasoline, electric, and oil-electric buses and trucks.
    Fabricated Metal Products, Not Elsewhere Classified: This category 
includes establishments primarily engaged in manufacturing fabricated 
metal products, such as fire or burglary resistive steel safes and 
vaults and similar fire or burglary resistive products; and collapsible 
tubes of thin flexible metal. Also included are establishments 
primarily engaged in manufacturing powder metallurgy products, metal 
boxes; metal ladders; metal household articles, such as ice cream 
freezers and ironing boards; and other fabricated metal products not 
elsewhere classified.
    Fabricated Plate Work (Boiler Shops): This category includes 
establishments primarily engaged in manufacturing power and marine 
boilers, pressure and nonpressure tanks, processing and storage 
vessels, heat exchangers, weldments and similar products.
    Fabricated Structural Metal Manufacturing: This category includes 
establishments primarily engaged in fabricating iron and steel or other 
metal for structural purposes, such as bridges, buildings, and sections 
for ships, boats, and barges.
    Heating Equipment, except Electric: This category includes 
establishments primarily engaged in manufacturing heating equipment, 
except electric and warm air furnaces, including gas, oil, and stoker 
coal fired equipment for the automatic utilization of gaseous, liquid, 
and solid fuels. Typical products produced in this source category 
include low-pressure heating (steam or hot water) boilers, fireplace 
inserts, domestic (steam or hot water) furnaces, domestic gas burners, 
gas room heaters, gas infrared heating units, combination gas-oil 
burners, oil or gas swimming pool heaters, heating apparatus (except 
electric or warm air), kerosene space heaters, gas fireplace logs, 
domestic and industrial oil burners, radiators (except

[[Page 18338]]

electric), galvanized iron nonferrous metal range boilers, room heaters 
(except electric), coke and gas burning salamanders, liquid or gas 
solar energy collectors, solar heaters, space heaters (except 
electric), mechanical (domestic and industrial) stokers, wood and coal-
burning stoves, domestic unit heaters (except electric), and wall 
heaters (except electric).
    Industrial Machinery and Equipment Finishing Operations: This 
category includes establishments primarily engaged in construction 
machinery manufacturing, oil and gas field machinery manufacturing, and 
pumps and pumping equipment manufacturing. Finishing operations include 
the collection of all operations associated with the surface coating of 
industrial machinery and equipment. This category includes 
establishments primarily engaged in manufacturing heavy machinery and 
equipment of types used primarily by the construction industries, such 
as bulldozers; concrete mixers; cranes, except industrial plant 
overhead and truck-type cranes; dredging machinery; pavers; and power 
shovels. Also included in this industry are establishments primarily 
engaged in manufacturing forestry equipment and certain specialized 
equipment, not elsewhere classified, similar to that used by the 
construction industries, such as elevating platforms, ship cranes and 
capstans, aerial work platforms, and automobile wrecker hoists. This 
category also includes establishments primarily engaged in 
manufacturing machinery and equipment for use in oil and gas fields or 
for drilling water wells, including portable drilling rigs. This 
category includes establishments primarily engaged in manufacturing 
pumps and pumping equipment for general industrial, commercial, or 
household use, except fluid power pumps and motors, and establishments 
primarily engaged in manufacturing domestic water and sump pumps.
    Iron and Steel Forging: This category includes establishments 
primarily engaged in the forging manufacturing process, where purchased 
iron and steel metal is pressed, pounded or squeezed under great 
pressure into high strength parts known as forgings. The process is 
usually performed hot by preheating the metal to a desired temperature 
before it is worked. The forging process is different from the casting 
and foundry processes, as metal used to make forged parts is never 
melted and poured.
    Primary Metal Products Manufacturing: This source category includes 
establishments primarily engaged in manufacturing products such as 
fabricated wire products (except springs) made from purchased wire. 
These facilities also manufacture steel balls; nonferrous metal brads 
and nails; nonferrous metal spikes, staples, and tacks; and other 
primary metals products not elsewhere classified.
    Valves and Pipe Fittings: This source category includes 
establishments primarily engaged in manufacturing metal valves and pipe 
fittings, flanges, and unions, with the exception of from purchased 
pipes; and other valves and pipe fitting products not elsewhere 
classified.
    We added the nine metal fabrication and finishing source categories 
to the Integrated Urban Air Toxics Strategy Area Source Category List 
on November 22, 2002 (67 FR 70427). The inclusion of these source 
categories to the section 112(c)(3) area source category list is based 
on 1990 emissions data, as EPA used 1990 as the baseline year for that 
listing. The nine metal fabrication and finishing source categories 
were listed for regulation based on emissions of compounds of cadmium, 
chromium, lead, manganese, and nickel in the 1990 inventory, hereafter 
referred to as ``metal fabrication and finishing metal HAP'' (MFHAP). 
Four of the metal fabrication and finishing source categories were also 
listed for emissions of the organic HAP trichloroethylene (TCE).\1\ 
Chlorinated solvents such as TCE are used as degreasers in these metal 
fabrication and finishing source categories. We subsequently discovered 
that the 1990 emissions data for TCE was for metal fabrication and 
finishing facilities that used TCE in degreasing operations, which are 
not part of this source category. Rather, these emission units at both 
major and area sources are subject to standards for halogenated solvent 
cleaning under 40 CFR part 63, subpart T. Consequently, we are not 
proposing standards for TCE from metal fabrication and finishing 
facilities. The four metal fabrication and finishing source categories 
listed for TCE emissions remain listed source categories pursuant to 
section 112(c)(3) of this part. Therefore, we are clarifying that we do 
not need these four source categories to meet the section 112(c)(3) 90 
percent requirement regarding area source emissions of TCE.
---------------------------------------------------------------------------

    \1\ These four source categories were Electrical and Electronic 
Equipment Finishing Operations; Fabricated Metal Products; Primary 
Metal Products Manufacturing; and Valves and Pipe Fittings.
---------------------------------------------------------------------------

    Based on 2002 U.S. Census data and a survey of the industry that we 
conducted in 2006, we estimate that 5,800 metal fabrication and 
finishing area source facilities are currently operating in the U.S. 
Our analyses of 2002 U.S. Census data also indicate that more than 90 
percent of the metal fabrication and finishing area source categories 
is comprised of small businesses, based on the Small Business 
Administration definition.
    A majority of the metal fabrication and finishing area source 
facilities are estimated to be in urban areas, based on an estimate of 
73 percent developed from EPA's 2002 National Emission Inventory 
(NEI).\2\
---------------------------------------------------------------------------

    \2\ These urban areas are defined to be the urban 1 and urban 2 
areas that formed the basis of the listing decisions under 112(c)(3) 
and (k).
---------------------------------------------------------------------------

    Facilities affected by this proposed rule are not subject to the 
miscellaneous coating requirements in 40 CFR part 63, subpart HHHHHH, 
``National Emission Standards for Hazardous Air Pollutants: Paint 
Stripping and Miscellaneous Surface Coating Operations at Area 
Sources,'' for their affected source(s) that are subject to the 
requirements of this proposed rule. There potentially may be other 
sources at the facility not subject to the requirements of this 
proposed rule that are instead subject to subpart HHHHHH of this part.

C. What are the production operations, emission sources, and available 
controls?

    While these nine source categories produce a wide variety of 
products, they perform very similar fabrication and finishing 
operations to create them. There are five general production operations 
common to metal fabrication and finishing source categories that can 
emit MFHAP. These five production operations are: (1) Dry abrasive 
blasting; (2) dry grinding and dry polishing with machines; (3) 
machining; (4) spray painting and coating; and (5) welding.
    As typical within any industry, there is variation in operations 
between facilities. Also, all facilities do not necessarily employ all 
five production areas. Information acquired from an EPA survey of 166 
facilities showed that for the area sources in the source categories of 
interest, 39 percent perform dry abrasive blasting, 59 percent perform 
metal fabrication and finishing with machines, 60 percent perform 
painting or coating of some kind (that includes but is not limited to 
spray painting or spray coating), and 65 percent perform welding. More 
detailed analyses are available in the docket, including estimated 
percentages of the number of facilities in each category performing 
each operation.
    Another metal fabrication and finishing operation that can emit 
MFHAP is plating. This operation was noted to be performed by some of 
the

[[Page 18339]]

facilities in the nine metal fabrication and finishing source 
categories, but is not regulated by this proposed rule. Plating 
operations are not regulated by this proposed rule because they are 
regulated elsewhere, as follows: Chromium electroplating tanks are 
subject to the Chromium Electroplating NESHAP (40 CFR 63, subpart N), 
while other plating operations at area sources are subject to the 
Plating and Polishing Area Source Rule (40 CFR part 63, subpart WWWWWW) 
which will be promulgated by June 15, 2008.
1. Metal Fabrication and Finishing Operations
    The nine Metal Fabrication and Finishing source categories produce 
a wide variety of products using five general production operations 
that can emit MFHAP: (1) Dry abrasive blasting; (2) dry grinding and 
dry polishing with machines; (3) machining; (4) spray painting and 
coating; and (5) welding. The following is a brief description of each 
of these five fabrication and finishing operations regulated by this 
proposed rule.
    Dry Abrasive Blasting Operations. This metal fabrication and 
finishing operation (also referred to in the industry as sand blasting, 
shot blasting, and shot peening) is used to clean or prepare a surface 
by forcibly propelling abrasive material against it. Commonly used 
abrasives include silica sand, glass beads, aluminum oxide, slag, 
garnet, steel shot, walnut shells, as well as other materials. Common 
applications of dry abrasive blasting include surface preparation for 
painting or coating; burr removal after machining, grinding, or 
welding; matte surface finishing; removal of flash from molded objects.
    Two primary aspects differentiate the various types of abrasive 
blasting: The method of abrasive propulsion and the type of abrasive 
used. There are three primary methods of propelling the abrasive: Air 
pressure, using compressed air to propel the abrasive; water pressure, 
using air or water pressure to propel a wet abrasive slurry; or 
centrifugal wheels, which use a rotating impeller to mechanically 
propel the abrasive.
    Abrasive blasting covers numerous applications under widely varying 
conditions. Blasting is also performed outdoors with a portable 
apparatus or indoors within specially constructed cabinets or 
enclosures/chambers, either manually, or as part of an automated 
process line. Because the applications of abrasive blasting are widely 
varied, there is a similarly wide variety of abrasive blasting 
equipment available.
    Dry abrasive blasting equipment consists of the following general 
types of systems, listed from small to large: Portable blasters, blast 
cabinets or ``glove boxes'', blast chambers which can be 3 or 4-sided 
structures, and ``bulk'' blasters that are totally enclosed and vented 
to a filtration device to collect and recycle the blast material. Shot 
peening is a common type of dry abrasive blasting that is a surface 
treatment used to increase the fatigue life of metal parts. In shot 
peening, a higher pressure is used to focus the abrasive on a localized 
area as opposed to general abrasive blasting that may be directed over 
a larger surface area. Shot peening generally refers to abrasive 
blasting with metallic or steel pellets, like BB shot. Shot peening is 
almost always performed in a contained area so that the pellets can be 
recovered and reused. Similarly, blasting performed with sand other 
media is also often performed in a contained area so that the media can 
be recovered and reused.
    Dry Grinding and Dry Polishing Operations. These metal fabrication 
and finishing operations are very similar and vary only as to their 
timing in the fabrication and extent of abrasion. Not all parts are 
polished but most are ground. Grinding is performed on a work piece 
prior to fabrication or finishing operations to remove undesirable 
material from the surface or to remove burrs or sharp edges. Grinding 
is done using belts, disks, or wheels consisting of or covered with 
various abrasives, e.g., silica, alumina, silicon carbide, garnet, 
alundum, or emery. Grinding may be performed dry or may use lubricants 
or coolants such as water or water-based mixtures, solutions, or 
emulsions containing cutting oils, soaps, detergents, wetting agents, 
or proprietary compounds. Polishing generally follows grinding. The 
purpose of the polishing operation is to remove any remaining metal and 
to prepare the surface for more refined finishing procedures. Burrs on 
castings or stampings may also be removed by polishing. Polishing is 
performed using hard-faced wheels constructed of muslin, canvas, felt 
or leather. Abrasives are applied to the wheels with synthetic 
adhesives or cements, typically silicate-base cements. The types of 
abrasives that are used in polishing include both natural and 
artificial abrasives. Lubricants including oil, grease, tallow, and 
special bar lubricants are used to prevent gouging and tearing when a 
fine polished surface is required and also to minimize frictional heat. 
Polishing may also be performed by hand without machines; however, no 
emissions occur from hand polishing.
    Machining Operations. This metal fabrication and finishing 
operation includes activities such as turning, milling, drilling, 
boring, tapping, planing, broaching, sawing, cutting, shaving, 
shearing, threading, reaming, shaping, slotting, hobbing, and 
chamfering, where stock is removed from a work piece as chips by a 
machine that forces a cutting piece against a work piece. Shearing 
operations cut materials into a desired shape and size, while forming 
operations bend or conform materials into specific shapes. Cutting and 
shearing operations include punching, piercing, blanking, cutoff, 
parting, shearing and trimming. Forming operations include bending, 
forming, extruding, drawing, rolling, spinning, coining, and forging 
the metal. Machining is usually totally enclosed, where the enclosure 
is part of the operating equipment. Many of these machining operations 
use lubricants or liquid coolants either alone or in conjunction with 
enclosures.
    Painting Operations. Paints and coatings (hereafter called 
``paints'') are applied to metal fabrication and finishing products for 
surface protection, aesthetics, or both. Painting or coating (hereafter 
called ``painting'') is usually performed using a spray gun in a spray 
booth or with portable spray equipment. Paints may also be applied via 
dip tanks. The coated parts then pass through an open (flashoff) area 
where additional volatiles evaporate from the paint. The coated parts 
may pass through a drying/curing oven, or are allowed to air dry, where 
the remaining volatiles are evaporated.
    Spray-applied painting operations include any hand-held device that 
creates an atomized mist of paint and deposits the paint on a 
substrate. For the purposes of this rule, spray-painting does not 
include thermal spray operations, also known as metallizing, flame 
spray, plasma arc spray, and electric arc spray, among other names, in 
which solid metallic or non-metallic material is heated to a molten or 
semi-molten state and propelled to the work piece or substrate by 
compressed air or other gas, where a bond is produced upon impact. 
Thermal spraying operations at area sources are subject to the Plating 
and Polishing Area Source NESHAP, subpart WWWWWW of this part.
    Spray gun cleaning may be done by hand cleaning parts of the 
disassembled gun in a container of solvent, by flushing solvent through 
the gun without atomizing the solvent and paint residue, or by using a 
fully enclosed

[[Page 18340]]

spray gun washer. A combination of non-atomizing methods may also be 
used. A gun washer consists of a solvent reservoir and a covered 
enclosure that dispenses solvent for gun cleaning. The enclosure may 
also hold the gun for automated gun cleaning. During gun cleaning in a 
gun washer, the cleaning solvent is dispensed from the reservoir and 
sprayed through the gun while it is open.
    Welding Operations. This metal fabrication and finishing operation 
joins two metal parts by melting the parts at the joint and filling the 
space with molten metal. The most frequently used method for generating 
heat is obtained either from an electric arc or a gas-oxygen flame. The 
type of welding most commonly used in the metal fabrication and 
finishing source categories is thought to be electric arc welding.
    Electric arc welding includes many different variations that 
involve various types of electrodes, fluxes, shielding gases, and types 
of equipment. Electric arc welding can be divided into that which uses 
consumable electrodes vs. nonconsumable electrodes. In electric arc 
welding, a flow of electricity across the gap from the tip of the 
welding electrode to the base metal creates the heat needed for melting 
and joining the metal parts. The electric current melts both the 
electrode and the base metal at the joint to form a molten pool, which 
solidifies upon cooling. Consumable welding rods are used when extra 
metal is needed as a filler for the joint to make a complete bond. The 
consumable rods must be close in composition to the base metals, and 
can vary with each application. An externally supplied gas (argon, 
helium, or carbon dioxide) can be used to shield the arc.
2. Metal Fabrication and Finishing HAP Emission Sources
    All five of the metal fabrication and finishing operations 
described above can emit MFHAP. The MFHAP that can be emitted from the 
metal fabrication and finishing operations are in the form of 
particulate matter (PM) produced from the material being fabricated, PM 
emitted from the use of consumable welding rods, and MFHAP used to 
color paints (as pigments). In addition, there are VOHAP emitted from 
painting operations, where the VOHAP are used as vehicles and solvents 
for the paints. Details on the HAP emissions from each of the five 
potential HAP-emitting operations follow below.
    Dry Abrasive Blasting Emissions. The emissions from dry abrasive 
blasting are predominantly inert PM resulting from breakdown of the 
blast material which is composed of silica sand, glass beads, aluminum 
oxide, slag, garnet, steel shot, walnut shells, and other materials. 
Few if any blast materials contain MFHAP, therefore any MFHAP that is 
emitted from blasting would originate from the part or product being 
blasted. Occasionally the blasted part or product may be painted, in 
which case the PM will contain additional MFHAP if present in the 
pigments in the paint. Painted substrates are uncommon in the metal 
fabrication and finishing industries, since these industries primarily 
produce new products rather than recondition old ones. The blasted 
substrates typically include metals such as: Cadmium, chromium 
(primarily in stainless steel), iron, lead, magnesium, manganese (in 
both mild and stainless steels), mercury, molybdenum, nickel (in 
stainless steel), selenium, tin, vanadium, and zinc (in galvanized 
steel). All five MFHAP are potential components of blasting substrates.
    Dry Grinding and Dry Polishing Emissions. Some metal fabrication 
and finishing machine operations, such as grinding and polishing, are 
often times dry operations which can emit PM that can contain MFHAP. 
Polishing by hand without the use of machines usually emits little or 
no PM or MFHAP due to the low level of abrasion that potentially can be 
induced by the worker's hands. All the PM or MFHAP in grinding and 
polishing is produced from the work piece itself. Thus, the composition 
of the PM and presence of MFHAP is dependent upon the metal being 
worked. As above for blasting, the metal fabrication and finishing 
substrates typically include metals such as: Cadmium, chromium 
(primarily in stainless steel), iron, lead, magnesium, manganese (in 
both mild and stainless steels), mercury, molybdenum, nickel (in 
stainless steel), selenium, tin, vanadium, and zinc (in galvanized 
steel). All five MFHAP are potential components of metal fabrication 
and finishing substrates and therefore, are also potential emissions 
from operations of dry grinding and dry polishing with machines.
    Machining Emissions. Most of the machining operations in the metal 
fabrication and finishing industry are totally enclosed, where the 
enclosure is part of the equipment. Many of these operations use 
lubricants or liquid coolants, either alone or in conjunction with 
enclosures. Because any emissions generated by these machining 
operations, which would be in the form of PM, are captured or entrained 
in the liquid, little or no emissions are generated. Any MFHAP that is 
released from machining would originate from the part or product being 
machined.
    Spray Painting Emissions. The sources of HAP emissions from spray 
painting operations are the metal pigments and solvents that are in the 
paints. A substantial fraction of paint that is atomized does not reach 
the part and becomes what is termed ``overspray'' and generates HAP 
emissions.
    All five MFHAP are potential components of paint pigments that are 
used to provide color to the paint. The MFHAP are emitted when the 
paints are atomized during spray application. The proposed spray 
painting requirements of this proposed rule would only apply to those 
spray painting operations that spray-apply paints that contain MFHAP. 
Paints are considered to contain MFHAP if they contain any individual 
MFHAP at a concentration greater than 0.1 percent by mass. For the 
purpose of determining whether paints contain MFHAP, facilities would 
be able to use formulation data provided by the manufacturer or 
supplier, such as the material safety data sheet, as long as it 
represents each MFHAP compound in the paint that is present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens and at 1.0 percent by mass or 
more for other MFHAP compounds.
    Paint solvents are used as vehicles for the paint pigments. These 
solvents include VOHAP such as xylenes, toluene, phenol, cresols/
cresylic acid, glycol ethers (including ethylene glycol monobutyl 
ether), styrene, methyl isobutyl ketone, and ethyl benzene. Paints used 
in spray painting are thinned with solvents so that the paints are 
fluid enough to be able to be delivered onto the parts and products via 
narrow spray gun nozzles. The solvents are considered to be completely 
volatilized during spray application of the paint and during curing or 
drying. Most solvents contain HAP. The solvents may also consist of 
volatile organic compound (VOC) emissions which contribute to ozone 
formation, an EPA-regulated criteria pollutant.
    The remaining HAP emissions are primarily from cleaning operations, 
such as cleaning of spray guns. The HAP emissions from both the 
cleaning solvent and the paint removed from the gun can be emitted 
during cleaning. Solvents used for equipment cleaning may contain the 
same HAP as the paints they remove. The HAP Emissions from gun cleaning 
are minimized when cleaning is performed in a manner such that an 
atomized mist or spray of gun cleaning solvent and paint residue is not 
created outside of a container that collects used gun cleaning solvent.

[[Page 18341]]

    Mixing and storage are other sources of HAP emissions. The HAP 
emissions can occur from displacement of HAP-laden air in containers 
used to store HAP solvents or to mix paints containing HAP solvents. 
The displacement of vapor-laden air also can be caused by changes in 
temperature or barometric pressure, or by agitation during mixing.
    Welding Emissions. The type of welding most commonly used in the 
metal fabrication and finishing source categories is thought to be 
electric arc welding. This is also the type of welding that can produce 
the most MFHAP emissions, since a consumable electrode is used. 
Emissions from welding are in the form of a fume, which is defined to 
be particles that are small enough to be airborne for extended periods 
of time and are visible to the human eye. The size of particles in 
welding fume is highly variable with an average size around 1 
micrometer ([mu]m), corresponding to what is commonly called the 
``fume'' size range. Welding fumes have a bimodal distribution, with 
maximum concentrations in ``coarse'' (approximately 1.5 [mu]m) and 
``fine'' (0.52 [mu]m) particle size ranges.
    Welding fumes are a product of the base metal being welded, the 
consumable welding electrode or wire, the shielding gas, and any 
surface coatings or contaminants on the base metal. As much as 95 
percent of the welding fume is thought to originate from the melting of 
the electrode or wire consumable. Welding fume constituents may include 
silica and fluorides, used to aid the welding operation, and HAP metals 
such as antimony, arsenic, beryllium, cobalt, mercury, and selenium, in 
addition to the five MFHAP: Cadmium, chromium, lead, manganese, and 
nickel. As noted above for dry abrasive blasting, chromium and nickel 
are found primarily in stainless steel, whereas manganese is found in 
both mild and stainless steels.
    Among the electric arc welding operations that use a consumable 
electrode, shielded metal arc welding (SMAW) is used in more than 50 
percent of welding. SMAW also was the first welding type to use a 
consumable electrode and suits most general purpose welding 
applications. SMAW, also called manual metal arc welding (MMAW) or 
``stick'' possibly because it uses replaceable welding electrode rods 
that look like sticks, has a high fume formation rate as compared to 
other welding operations. The advantages of SMAW welding include its 
simplicity, low cost, portability, and the fact that a shielding gas is 
not needed. One restriction of SMAW is that since it uses metal rods 
that must be replaced, it is slower than the welding operations which 
use continuous electrodes.
    Another type of welding that uses a consumable electrode and has a 
high fume formation rate is fluxed-core arc welding (FCAW). High fume 
formation occurs because the weld material is a liquid or ``flux'' and 
not a solid wire, and therefore is more volatile.
    Gas metal arc welding (GMAW), originally called metal inert gas 
(MIG) welding because it used an inert gas for shielding, has a 
moderate fume formation rate as compared to other welding operations. 
The advantages of GMAW include its ability to be operated in 
semiautomatic or automatic modes. It is the only consumable welding 
type that can weld all commercially important metals, such as carbon 
steel, high-strength low alloy steel, stainless steel, nickel alloys, 
titanium, aluminum, and copper. With GMAW, a weld can be performed in 
all positions with the proper choice of electrode, shielding gas, and 
welding variables. Compared to SMAW, the rate of deposition of the 
electrode material and therefore welding rate is higher than with GMAW. 
The disadvantage is that the equipment for GMAW is more complex, more 
expensive, and less portable than SMAW.
    Another type of welding that uses a consumable electrode and has a 
low fume formation rate is submerged arc welding (SAW). In this type of 
welding, the welding rod is not exposed to the atmosphere which lowers 
the potential for emissions.
    Two welding operations that use non-consumable electrodes are gas 
tungsten arc welding (GTAW) that is also called tungsten inert gas 
(TIG), and plasma arc welding (PAW). Because consumable electrodes are 
not used, this type of welding has low or no emissions.
    The choice of welding method is determined by many variables that 
include but are not limited to substrate material and shape; type of 
weld needed; skill of welder; and amount of welding to be done, 
therefore, a change from one type of welding to another is not always 
possible.
    The shape of the material is another variable that can affect fume 
formation rate. It also has been found that when the angle of welding 
is closer to 90[deg], lower fume formation occurs. If the shape of the 
part to be welded prevents re-positioning the welding equipment, this 
pollution prevention technique also cannot be used.
    In terms of welding rod feed rate, it has been found that the 
higher the wire feed rate the higher the fume formation rate. Also, a 
low fume welding rod that reduces fume by 30 percent as compared to 
other available products has been reported as recently available for 
use with FCAW. Minor effects to reduce fume formation rate have also 
been attributed to the speed that the welding torch moves along the 
weld, i.e., the ``travel speed.''
    Carrier or shielding gas type and flow rate are also variables that 
have been found to affect welding fume formation rate. Substitution of 
argon gas reduces the fume formation rate. A reduction in fume of 
approximately 40 percent has been reported if argon is replaced as the 
shielding gas. The shield gas flowrate also can be optimized, with 35 
cubic feet per hour the reported optimum rate. This rate is in the 
middle of the usual operating range and is thought to be low enough to 
minimize turbulence but high enough to protect the worker.
    Voltage and current play a key role in the welding fume formation 
rate. While low voltage and/or current is known to lower the fume 
formation rate, the use of a pulsed current has been found to lower 
fume formation by up to 90 percent of the rate with straight current 
for some types of welding operations. The reduction in welding fume 
with a pulsed current is due to the change in metal electrode transfer 
mode from globular to spray, that results from moderately increasing 
the voltage and delivering a pulsed rather than steady current. There 
is also a voltage window in which the fume rate reduction occurs, since 
with too high voltage, a shift from spray to stream mode occurs along 
with a subsequent increase in emissions. Pulsed current is only 
successful if used with GMAW, which is itself a pollution prevention 
technique since it has one of the lowest fume formation rates of 
welding performed with consumable electrodes.
    Welding emissions have been found to be reduced when automation is 
used. Since automated welding is faster and more efficient than manual 
welding, total emissions are lower even though the overall fume 
formation rate of the automated welding remains the same as with manual 
welding.
    Emissions of MFHAP in welding fume are also subject to regulations 
by the OSHA, a U.S. government agency that develops work place emission 
standards. The sole goal of OSHA regulations is to protect the worker 
from being exposed to high concentrations of pollutants, such as MFAP. 
The OSHA regulations set standards for MFHAP concentration as measured 
in the breathing zone of the workers, as a time-weighted average over 
the time period of a typical work shift (usually 6 hours

[[Page 18342]]

or more). The OSHA limits for MFHAP are as follows:

 
------------------------------------------------------------------------
                                                            OSHA limit
                                                            (micrograms
                      Welding MFHAP                          per cubic
                                                              meter)
------------------------------------------------------------------------
cadmium fume............................................               5
chromium, hexavalent....................................               5
chromium, total metal...................................           1,000
lead....................................................              50
manganese...............................................           5,000
nickel..................................................           1,000
------------------------------------------------------------------------

The OSHA hexavalent chromium exposure limit was reduced in 2006 from 52 
to 5 micrograms per cubic meter ([mu]g/m\3\). The American Conference 
of Government Industrial Hygienists, an association of occupational 
health professionals, recommends a worker exposure limit for ``total 
welding fume'' of 5,000 [mu]g/m\3\.
3. Metal Fabrication and Finishing HAP Emission Controls
    A variety of methods is used to control emissions from the metal 
fabrication and finishing operations. Some methods are designed to 
reduce emissions through pollution prevention or management practices, 
and other methods involve capturing emissions and exhausting them to an 
add-on emission control device. The most widely-used methods of control 
employed by the metal fabrication and finishing operations are 
discussed below.
    Dry Abrasive Blasting Controls. Small self-contained ``glove box'' 
dry abrasive blasting operations are used for small parts and typically 
have no vents to the atmosphere, thus no emissions. These devices are 
considered controlled operations as typically operated. When using 
glove boxes, the worker places their hands in openings or gloves that 
extend into the box and enables the worker to hold the objects as they 
are being blasted without allowing air and blast material to escape the 
box. Because of the proximity of the worker to the glove box and the 
blasting operation, no abrasive material can be allowed to be emitted.
    Larger dry abrasive blasting operations are performed in enclosures 
and are typically equipped with cartridge filters or other external 
add-on control devices that collect degraded or ``used'' blast material 
and particles removed from the parts or products. These control 
systems, which consist of enclosures and filters, can achieve at least 
95 percent control of PM, as a surrogate for MFHAP, if operated 
according to the manufacturer's specifications. Used blast material is 
recycled via screening, sieving, or other methods to remove degraded 
media and return the blast material to its original condition. 
Significant cost savings are realized through recycling of the blast 
material. Some dry abrasive blasting operations are not completely 
enclosed, or are performed outdoors. Emissions from these operations 
are controlled or reduced via partial enclosures and also the use of 
management practices. These practices include good choice of blast 
media which is less likely to break down into fine PM; avoiding re-use 
of blast media, or filtration of blast media to remove broken 
particles; and avoiding blasting outside during periods of high winds.
    Dry Grinding and Dry Polishing with Machines Controls. These 
machine operations emit significant metal PM if uncontrolled, 
therefore, these operations, if not totally enclosed, use control 
systems to control the PM emitted. The control systems are composed of 
local capture devices with cartridge, fabric, or high-efficiency 
particulate air (HEPA) filters as control devices. These control 
systems are known to achieve 85 percent overall control of PM, as a 
surrogate for MFHAP, considering the efficiency of both the capture and 
control devices. The large amount of fine PM generated during these 
operations would make the work environment unbearable for the workers 
if not controlled, hence constant PM control is standard industry 
practice and an integral part of all dry grinding and dry polishing 
with machine operations at metal fabrication and finishing facilities.
    Machining Controls. The MFHAP emitted by machining operations 
consist of large particles or metal shavings that are so large they 
immediately fall to the floor. The machines used today to perform 
precision cutting and forming are totally enclosed except for doors 
that open to allow placement of the part to be machined. The doors are 
closed before the machining begins; therefore, no MFHAP or PM is 
emitted into the workplace during machining operations. Some machining 
operations also use lubricants and cutting oils to keep the equipment 
cooled and working properly and, therefore, concurrently entrain any 
fine particles that are generated. These ``wet'' machining operations 
also do not generate any MFHAP or PM emissions during operation. This 
industry has evolved since 1990, where machining operations were open 
and a large source of PM and MFHAP, to the current industry practice of 
totally enclosing the machining operations.
    Spray Painting Controls. There are three primary means of 
controlling emissions from painting operations: Reduction of overspray; 
capture of overspray with a spray booth and control of the MFHAP by 
filtration or a water scrubbing system; and changes to paint 
composition to reduce solvent and VOHAP content.
    Reduction of overspray can have a significant effect on emissions 
of both MFHAP and VOHAP. The fraction of applied paint that becomes 
overspray depends on many variables, but two of the most important are 
the type of equipment and the skill of the painter. High velocity low 
pressure spray guns or other high-efficiency technologies, such as 
airless spray guns or electrostatic technologies, can significantly 
reduce the amount of overspray, and thus reduce emissions. Worker 
training is particularly important with these technologies, because 
they require even experienced painters to learn new techniques. Many 
types of training programs are available and many facilities perform 
their own training ``in-house.'' The best known of the external 
training programs is the Spray Technique Analysis and Research 
(STAR[supreg]) program study that originated at the University of 
Northern Iowa Waste Reduction Center and has now been adopted at 37 
locations (primarily community colleges) throughout the United States.
    Some overspray lands on surfaces of the spray booth and the masking 
paper that is usually placed around the surface being sprayed, but the 
rest of the overspray is contained by the spray booth and drawn into 
the spray booth exhaust system. The large amount of PM generated during 
paint spraying makes it necessary to control the PM emitted at all 
times to protect the worker and working environment. If the spray booth 
has filters, most of the overspray PM and metals are captured by the 
filters; otherwise, the emissions are exhausted to the atmosphere. 
Spray booths controlled by fabric filters can reduce PM and MFHAP 
emissions by 98 percent, if operated properly. Water curtains can also 
be used for controlling emissions from spray booths.
    As a result of efforts to reduce the impact of HAP- and VOC-
containing paint solvents on the environment, many paint manufacturers 
have developed lower solvent-content paints, also referred to as 
``water-based'' paints. Water-based paints may have up to 30 percent 
VOHAP-containing solvent, with the balance of the paint vehicle 
consisting of water; however, the level of solvent in water-based 
paints is much less than the previous 80 percent or

[[Page 18343]]

more VOHAP that is contained in solvent-based paints. As a result of 
the lower VOHAP solvent content, water-based paints in general have a 
lower VOHAP content than solvent-based paints. The regulations 
promulgated to fulfill section 112 of the CAA for major sources had a 
direct effect on increasing the market availability of lower-HAP and -
VOC paints in all market areas, including miscellaneous metal parts, 
plastic parts, large appliances, autobody refinishing, and 
architectural and industrial maintenance coatings. Many State air 
toxics regulations require the use of commonly called ``compliant 
coatings,'' where the only paints or coatings allowed to be used in 
certain areas must contain a solvent content lower than a designated 
level in order to be ``compliant'' with the regulation. The use of 
compliant coatings is a pollution prevention control method.
    Some regulations which require compliant coatings set one limit for 
all paints while others require different limits depending on the 
purpose of the paint. Other regulations permit a weighted averaging of 
the solvent content of the paints used, where facilities are permitted 
to use paints with higher solvent contents as long as their use is 
offset by paints with lower solvent content. This latter method of 
compliance is considered a more flexible approach that allows 
facilities to balance their use of solvents to where it is needed most. 
In addition, some facilities may choose to use add-on controls such as 
solvent recovery units, thermal incineration, or carbon absorbers to 
control VOHAP emissions for situations where the solvent content cannot 
be reduced to a compliant coating level. These add-on controls are 
known to achieve at least 95 percent control of VOHAP.
    Welding Controls. Many different welding operations are commonly 
used in the metal fabrication and finishing industry, as discussed 
above under welding emissions. Consequently, there are many possible 
means of reducing emissions. Not all control methods are appropriate 
for all types of welding operations, however, and thus there is no one 
``best'' method to reduce welding fume or PM, as a surrogate for MFHAP. 
The two primary categories of emission control for welding are fume 
reduction through pollution prevention and management practices, and 
capture and control of the welding fume.
    The primary variable in pollution prevention for welding is the 
type of welding wire or electrode used. Over 95 percent of welding fume 
is thought to originate from the filler or electrode material with the 
remainder coming from the base material. If the wire consists of MFHAP-
containing material, such as chromium or nickel, then the emissions of 
these MFHAP are more likely. Since the weld or wire material must 
closely match the material being welded in order to be effective, the 
choice of weld material may not be able to be altered by the facility 
for some or all of its products. For example, if stainless steel is a 
required material due to the specifications of the part or product by 
the customers, the potential for chromium emissions in these operations 
cannot be prevented.
    The choice of welding type, which impacts the potential fume 
formation rate, also provides opportunities for pollution prevention. 
The type of welding method used at metal fabrication and finishing 
facilities is determined by many variables that include but are not 
limited to substrate material and shape; type of weld needed; skill of 
welder; and amount of welding to be done. Therefore, a change from one 
type of welding to another is not always possible.
    Welding which does not use a consumable electrode has a much lower 
emission potential, as noted above in the ``Welding Emissions'' 
discussion. Two common welding operations that use non-consumable 
electrodes are GTAW, also called TIG, and PAW. Switching from welding 
that uses a consumable electrode to one of the above operations that 
does not use a consumable electrode is a form of pollution prevention.
    Among the welding operations that use a consumable electrode, SMAW, 
also called MMAW or ``stick,'' is the most widely used electric arc 
welding. However, SMAW has a high fume formation rate as compared to 
other welding operations. Another welding type that also has a high 
fume formation rate is FCAW. GMAW, also called MIG, has a moderate fume 
formation rate as compared to other welding operations. The 
disadvantage of GMAW is that the equipment for GMAW is more complex, 
more expensive, and less portable than SMAW. Another type of welding 
that uses consumable electrodes and has a relatively lower fume 
formation rate is SAW. Switching from welding that has a relatively 
higher fume formation rate, such as SMAW or FCAW, to one that has a 
lower rate, such as GMAW or SAW, is a form of pollution prevention.
    Other welding variables have been determined to have a favorable 
effect on fume formation rates. Optimizing these variables for the 
specific task at hand is a form of pollution prevention. These 
variables include optimized welding rod feed rate, use of low fume 
welding rods; fast welding torch travel speed; optimized carrier or 
shielding gas flow rate; substitution of inert shielding gas, such as 
argon, for carbon dioxide shielding gas; lowering the welding voltage; 
pulsing the applied current; and the use of automation, i.e., robotics. 
Note that pulsing the current is only successful if used with GMAW, 
which is itself a pollution prevention technique since it has one of 
the lowest fume formation rates for welding performed with consumable 
electrodes.
    In addition to the numerous management and pollution prevention 
practices that reduce welding fume generation, some facilities use 
capture and control devices to collect welding fume after it is 
generated. Hoods and other local exhaust techniques are used to collect 
the welding fume which is then vented to cartridge, fabric, or HEPA 
filters. Some of these control systems may only partially capture the 
welding fume. The advantage of using local capture systems as opposed 
to room ventilation is that it provides the ability to move the control 
device to different welding stations as needed. Very few facilities in 
the metal fabrication and finishing source categories use full room 
ventilation and PM control to reduce welding emissions. This is due to 
the competing requirements to ventilate the breathing zone of the 
worker to comply with OSHA regulations and the need to minimize the 
amount of exhaust air going to ventilation and add-on control devices.
    The use of control systems is not always possible because the 
capture systems may affect the air flow pattern around welding 
operations and, therefore, interfere with the success of the weld. 
Another difficulty with local exhaust is the need to position and 
sometimes reposition the capture equipment so as to be most effective 
during welding operations without causing more fumes to enter the 
breathing zone of the worker.
    Fume control welding guns, commonly called fume guns, have been 
developed where the welding fume is captured by the same device that 
performs the welding. Mixed success has been reported with these 
devices because of problems with the ergonomics of using the fume guns.
    In the EPA survey of metal fabrication and finishing facilities, 
only 20 percent of facilities with welding stations used controls 
devices or fume guns. These control systems are known to achieve 85 
percent overall PM control efficiency, as a surrogate for MFHAP, 
considering the efficiency of both the capture and control devices.

[[Page 18344]]

III. Summary of Proposed Standards

A. Do the proposed standards apply to my source?

    The proposed subpart XXXXXX applies to new or existing affected 
metal fabrication and finishing area sources in one of the following 
nine source categories (listed alphabetically) that emit MFHAP: (1) 
Electrical and Electronic Equipment Finishing Operations; (2) 
Fabricated Metal Products; (3) Fabricated Plate Work (Boiler Shops); 
(4) Fabricated Structural Metal Manufacturing; (5) Heating Equipment, 
except Electric; (6) Industrial Machinery and Equipment: Finishing 
Operations; (7) Iron and Steel Forging; (8) Primary Metal Products 
Manufacturing; and (9) Valves and Pipe Fittings. A more detailed 
description of these source categories can be found in section II(B) 
above. If you have any questions regarding the applicability of this 
action to a particular entity, consult either the air permit authority 
for the entity or your EPA regional representative as listed in 40 CFR 
63.13 of subpart A (General Provisions). Facilities affected by this 
proposed rule are not subject to the miscellaneous coating requirements 
in 40 CFR part 63, subpart HHHHHH, ``National Emission Standards for 
Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources,'' for their source(s) subject to 
the requirements of this proposed rule. There potentially may be other 
sources at the facility not subject to the requirements of this 
proposed rule that are instead subject to subpart HHHHHH of this part.

B. When must I comply with these proposed standards?

    All existing area source facilities subject to this proposed rule 
would be required to comply with the rule requirements no later than 2 
years after the date of publication of the final rule in the Federal 
Register.

C. For what processes is EPA proposing standards?

    In our research for this proposed rule, we found that there are 
five general production operations common to the nine metal fabrication 
and finishing source categories that can emit MFHAP. These five 
production operations are: (1) Dry abrasive blasting; (2) dry grinding 
and dry polishing with machines; (3) machining; (4) spray painting; and 
(5) welding. In our review of the available data, we observed 
significant differences for some of the five metal fabrication and 
finishing operations. As explained below, as the result of these 
differences we have further differentiated some of the above five 
operations. We identify below nine distinct metal fabrication and 
finishing processes for the purposes of this proposed rule.
    For dry abrasive blasting operations, we determined that there were 
two distinct sizes of products being blasted that affected the manner 
in which the blasting was performed: products more than 8 feet in any 
dimension, and products equal to or less than 8 feet. For products 
under 8 feet, we also observed that some of these products were blasted 
in completely enclosed chambers that did not allow any air or emissions 
to escape. Therefore, we developed three distinct dry abrasive blasting 
processes: (1) Dry abrasive blasting of objects less than or equal to 8 
feet in any dimension in completely enclosed and unvented blast 
chambers; (2) dry abrasive blasting of objects less than or equal to 8 
feet in any dimension performed in vented enclosures, and (3) dry 
abrasive blasting of objects greater than 8 feet in any dimension.
    In spray painting operations that emit MFHAP, we also determined 
that there were two distinct sizes of products being painted that 
affected the manner in which the process was performed: products more 
than 15 feet in any dimension, and products equal to or less than 15 
feet in any dimension. Therefore we developed two distinct spray 
painting processes: (1) Spray painting of objects less than or equal to 
15 feet in any dimension, and (2) spray painting of objects greater 
than 15 feet in any dimension. However, for the purposes of controlling 
VOHAP, we did not distinguish between object size, therefore the 
standards proposed for control of VOHAP emissions from spray painting 
includes only one proposed GACT requirement.
    For dry grinding and dry polishing with machines, machining, and 
welding, we did not observe any distinct differences that would warrant 
further distinguishing the operations into separate processes. 
Therefore, these three processes combined with the three for dry 
abrasive blasting and three for painting results described above, 
results in nine total processes addressed by this proposed rule, as 
follows: (1) Dry abrasive blasting objects less than or equal to 8 feet 
in any dimension, performed in completely enclosed and unvented blast 
chambers; (2) dry abrasive blasting of objects less than or equal to 8 
feet in any dimension, performed in vented enclosures; (3) dry abrasive 
blasting of objects greater than 8 feet in any dimension; (4) dry 
grinding and dry polishing with machines; (5) machining; (6) control of 
VOHAP from spray painting; (7) control of MFHAP in the spray painting 
of objects less than or equal to 15 feet in any dimension; (8) control 
of MFHAP in the spray painting of objects greater than 15 feet in any 
dimension; and (9) welding.

D. What emissions control requirements is EPA proposing?

    We are proposing control requirements for nine metal fabrication 
and finishing processes described above in section (C). The following 
is a description of these proposed control requirements. The emission 
control requirements proposed here do not apply to tool or equipment 
repair; or research and development operations.
1. Standards for Dry Abrasive Blasting of Objects Less Than or Equal To 
8 Feet in Any Dimension, Performed in Completely Enclosed and Unvented 
Blast Chambers
    Completely enclosed and unvented blast chambers are generally small 
``glove box'' type dry abrasive blasting operations. Because there are 
no vents or openings in the enclosures, there are no emissions directly 
from the operation itself.
    This proposed rule would require owners or operators of completely 
enclosed and unvented blast chambers to comply with the following two 
management and pollution prevention practices: (1) Minimize dust 
generation during emptying of the enclosure; and (2) operate all 
equipment used in the blasting operation according to manufacturer's 
instructions.
2. Standards for Dry Abrasive Blasting of Objects Less than or Equal to 
8 Feet in Any Dimension, Performed in Vented Enclosures
    This proposed rule would require owners or operators of affected 
new and existing dry abrasive blasting operations blasting substrates 
of less than or equal to 8 feet in any dimension to perform blasting 
with a control system that includes an enclosure, as a capture device, 
and a cartridge, fabric or HEPA filter as a control device that is 
designed to control PM emissions, as a surrogate for MFHAP, from the 
process. These control systems using filters can achieve at least 95 
percent control efficiency of PM, as a surrogate for MFHAP, if operated 
according to the manufacturer's specifications.
    An enclosure is defined to be any structure that includes a roof 
and at least two complete walls, with side curtains and ventilation as 
needed to insure that no air or PM exits the chamber while blasting is 
performed. Apertures or slots may be present in the

[[Page 18345]]

roof or walls to allow for transport of the blasted objects using 
overhead cranes, or cable and cord entry into the blasting chamber. 
Facilities that would like to use equipment other than those listed 
above can seek approval to do so pursuant to the procedures in Sec.  
63.6(g) of the General Provisions to part 63, which require the owner 
or operator to demonstrate that the alternative means of emission 
limitation achieves at least equivalent HAP emission reductions as the 
controls specified in this proposed rule.
    This proposed rule also would require owners or operators of all 
affected new and existing dry abrasive blasting operations blasting 
substrates of less than or equal to 8 feet in any dimension to comply 
with the following three management and pollution prevention practices: 
(1) Keep work areas free of excess dust by regular sweeping or 
vacuuming to control the accumulation of dust and other particles; 
regular sweeping or vacuuming is defined to be sweeping or vacuuming 
conducted once per day, once per shift, or once per operation as 
needed, depending on the severity of dust generation; (2) enclose dusty 
material storage areas and holding bins, seal chutes and conveyors; and 
(3) operate all equipment according to manufacturer's instructions.
3. Standards for Dry Abrasive Blasting of Objects Greater Than 8 Feet 
in Any Dimension
    This proposed rule would require owners or operators of affected 
new and existing dry abrasive blasting operations that blast substrates 
greater than 8 feet in any dimension to comply with the following 
management and pollution prevention practices to minimize MFHAP 
emissions from the processes: (1) Do not perform blasting outside when 
wind velocity is greater than 25 miles per hour; (2) switch from high 
PM-emitting blast media (e.g., sand) to low PM-emitting blast media 
(e.g., steel shot, aluminum oxide), whenever practicable; (3) do not 
blast substrates having coatings containing lead (>0.1 percent lead), 
unless enclosures, barriers, or other PM control methods are used to 
collect the lead particles; and (4) do not re-use the blast media 
unless contaminants (i.e., any material other than the base metal, such 
as paint residue) have been removed by filtration or screening so that 
the abrasive material conforms to its original size and makeup.
    This proposed rule would also require owners or operators of 
affected dry abrasive blasting operations that blast substrates greater 
than 8 feet in any dimension to comply with the following three 
management and pollution prevention practices: (1) Keep work areas free 
of excess dust by regular sweeping or vacuuming to control the 
accumulation of dust and other particles; regular sweeping or vacuuming 
is defined to be sweeping or vacuuming conducted once per day, once per 
shift, or once per operation as needed, depending on the severity of 
dust generation; (2) enclose dusty material storage areas and holding 
bins, seal chutes and conveyors; and (3) operate all equipment 
according to manufacturer's instructions.
4. Standards for Dry Grinding and Dry Polishing With Machines
    Dry grinding and dry polishing with machines operations often emit 
significant PM, which is a surrogate for MFPM. This proposed rule would 
require owners or operators of affected new and existing dry grinding 
and dry polishing with machines operations to capture PM emissions, as 
a surrogate for MFHAP, with capture devices and vent the exhaust to a 
cartridge, fabric, or HEPA filter. These control systems are known to 
achieve at least 85 percent overall PM control efficiency, as a 
surrogate for MFHAP, if operated according to the manufacturer's 
specifications. Facilities that would like to use equipment other than 
those listed above can seek approval to do so pursuant to the 
procedures in Sec.  63.6(g) of the General Provisions to part 63, which 
require the owner or operator to demonstrate that the alternative means 
of emission limitation achieves at least equivalent HAP emission 
reductions as the controls specified in this proposed rule.
    This proposed rule would also require owners or operators of 
affected new and existing dry grinding and dry polishing with machines 
operations to comply with the following two management and pollution 
prevention practices: (1) Keep work areas free of excess dust by 
regular sweeping or vacuuming to control the accumulation of dust and 
other particles; regular sweeping or vacuuming is defined to be 
sweeping or vacuuming conducted once per day, once per shift, or once 
per operation as needed, depending on the severity of dust generation; 
and (2) operate all equipment used in dry grinding and dry polishing 
with machines according to manufacturer's instructions.
5. Standards for Machining
    The majority of the PM released by machining operations consists of 
large particles or metal shavings that fall immediately to the floor. 
Any MFHAP that is released would originate from the part or product 
being machined. Machining is totally enclosed and/or uses lubricants or 
liquid coolants that do not allow small particles to escape. This 
proposed rule would require owners or operators of affected new and 
existing machining operations to comply with the following two 
management and pollution prevention practices to minimize dust 
generation in the workplace: (1) Keep work areas free of excess dust by 
regular sweeping or vacuuming to control the accumulation of dust and 
other particles; regular sweeping or vacuuming is defined to be 
sweeping or vacuuming conducted once per day, once per shift, or once 
per operation as needed, depending on the severity of dust generation; 
and (2) operate equipment used in machining operations according to 
manufacturer's instructions.
6. Standards for Control of VOHAP from Spray Painting Operations
    Spray painting operations can be significant sources of VOHAP 
emissions. This proposed rule would require owners or operators of 
spray painting operations from affected sources that have the potential 
to emit VOHAP to use paints containing no more than 3.0 pounds VOHAP 
per gallon paint solids (0.36 kilograms per liter (kg/liter)) on an 
annual (12-month) rolling average basis. Two methods of complying with 
this standard are provided. One option would require that all paints 
are demonstrated as meeting the VOHAP limit. The second option would 
require facilities to meet the VOHAP limit using a 12-month rolling 
weighted average. In this second option, some paints can be above the 
VOHAP limit as long as their use is balanced by other paints that are 
below the limit, such that the overall weighted average of all paints 
and their VOHAP content is calculated to be at or below the VOHAP limit 
that would be required by this proposed rule.
    This proposed rule would also require owners or operators of new 
and existing spray painting operations that have the potential to emit 
VOHAP to comply with the following two management and pollution 
prevention practices: (1) Minimize VOHAP emissions during mixing, 
storage, and transfer of paints; and (2) keep paint and solvent lids 
tightly closed when not in use.
    Based on reasonable assumptions about the practices included in the 
1990 112(k) urban HAP inventory, we have concluded that painting 
processes that contributed to VOHAP and MFHAP emissions in these source 
categories most likely did not include the following materials or 
activities and,

[[Page 18346]]

therefore, we do not cover these materials or activities in this 
proposed rule:
    (1) Paints applied from a hand-held device with a paint cup 
capacity that is less than 3.0 fluid ounces (89 cubic centimeters);
    (2) Surface coating application using powder coating, hand-held, 
non-refillable aerosol containers, or non-atomizing application 
technology, including, but not limited to, paint brushes, rollers, hand 
wiping, flow coating, dip coating, electrodeposition coating, web 
coating, coil coating, touch-up markers, or marking pens;
    (3) Any painting or coating that normally requires the use of an 
airbrush or an extension on the spray gun to properly reach limited 
access spaces; or the application of paints or coatings that contain 
fillers that adversely affect atomization with high velocity low 
pressure (HVLP) or equivalent spray guns, and the application of 
coatings that normally have a dried film thickness of less than 0.0013 
centimeter (0.0005 in.).
7. Standards for Control of MFHAP from Spray Painting of Objects 
Greater Than 15 Feet in Any Dimension
    This proposed rule would require owners or operators of affected 
new and existing spray painting of objects greater than 15 feet in any 
dimension to comply with one equipment standard, to use of low-emitting 
and pollution preventing spray gun technology. This proposed rule also 
would require two management practices: (1) Spray painter training and 
(2) spray gun cleaning.
    Based on reasonable assumptions about the practices included in the 
1990 112(k) urban HAP inventory, we have concluded that painting 
processes that contributed to MFHAP emissions in these source 
categories most likely did not include the following materials or 
activities, and, therefore, we do not cover these materials or 
activities in this proposed rule:
    (1) Paints applied from a hand-held device with a paint cup 
capacity that is less than 3.0 fluid ounces (89 cubic centimeters);
    (2) Surface coating application using powder coating, hand-held, 
non-refillable aerosol containers, or non-atomizing application 
technology, including, but not limited to, paint brushes, rollers, hand 
wiping, flow coating, dip coating, electrodeposition coating, web 
coating, coil coating, touch-up markers, or marking pens;
    (3) Any painting or coating that normally requires the use of an 
airbrush or an extension on the spray gun to properly reach limited 
access spaces; or the application of paints or coatings that contain 
fillers that adversely affect atomization with HVLP or equivalent spray 
guns, and the application of coatings that normally have a dried film 
thickness of less than 0.0013 centimeter (0.0005 in.).
    Spray painting also does not include thermal spray operations, also 
known as metallizing, flame spray, plasma arc spray, and electric arc 
spray, among other names, in which solid metallic or non-metallic 
material is heated to a molten or semi-molten state and propelled to 
the work piece or substrate by compressed air or other gas, where a 
bond is produced upon impact. Thermal spraying operations at area 
sources are subject to the Plating and Polishing Area Source NESHAP, 
subpart WWWWWW of this part.
    Spray Gun Technology Requirements. This proposed rule would require 
all affected new and existing facilities using spray-applied paints to 
use HVLP spray guns, electrostatic application, or airless spray 
techniques. Alternatively, an equivalent technology can be used if it 
is demonstrated to achieve transfer efficiency comparable to one of the 
spray gun technologies listed above for a comparable operation, and for 
which written approval has been obtained from the Administrator or 
delegated authority.
    The procedure to be used to demonstrate that spray gun transfer 
efficiency is equivalent to that of an HVLP spray gun should be 
equivalent to the California South Coast Air Quality Management 
District's ``Spray Equipment Transfer Efficiency Test Procedure for 
Equipment User, May 24, 1989'' and ``Guidelines for Demonstrating 
Equivalency with District Approved Transfer Efficient Spray Guns, 
September 26, 2002'' (incorporated by reference, see Sec.  63.14 of 
subpart A of this part). The Director of the Federal Register approves 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. You may obtain a copy from the California South Coast 
Air Quality Management District Web site at http://www.aqmd.gov/permit/docspdf/TransferEfficiencyTestingGuidelinesforHVLPEquivalency.pdf and 
http://www.aqmd.gov/permit/docspdf/Spray-Eqpt-Trfr-Efficiency.pdf. You 
may inspect a copy at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. The proposed 
requirements of this paragraph do not apply to painting performed by 
students and instructors at paint training centers.
    Spray Painting Training Requirements. This proposed rule would 
require all workers that perform spray painting at affected new and 
existing facilities to be trained, with certification made available 
that this training has occurred. The painters would need to be 
certified as having completed classroom and hands-on training in the 
proper selection, mixing, and application of paints, or the equivalent. 
Refresher training would need to be repeated at least once every 5 
years. These requirements would not apply to operators of robotic or 
automated surface painting operations. The initial and refresher 
training would need to address the following topics to reduce paint 
overspray, which has a direct effect on emissions reductions, as 
follows:
     Spray gun equipment selection, set up, and operation, 
including measuring paint viscosity, selecting the proper fluid tip or 
nozzle, and achieving the proper spray pattern, air pressure and 
volume, and fluid delivery rate.
     Spray technique for different types of paints to improve 
transfer efficiency and minimize paint usage and overspray, including 
maintaining the correct spray gun distance and angle to the part, using 
proper banding and overlap, and reducing lead and lag spraying at the 
beginning and end of each stroke.
     Routine spray booth and filter maintenance, including 
filter selection and installation.
    For the purposes of the proposed training requirements, the 
facility owner or operator may certify that their employees have 
completed training during ``in-house'' training programs. Also, 
facilities that can show by documentation or certification that a 
painter's work experience and/or training has resulted in training 
equivalent to the training described above would not be required to 
provide the initial training required for these painters.
    Spray painters have 180 days to complete training after hiring or 
transferring into a surface painting job from another job in the 
facility. These proposed training requirements would not apply to the 
students of an accredited surface painting training program who are 
under the direct supervision of an instructor who meets the 
requirements of this paragraph. The training and certification for this 
rule would be valid for a period not to exceed 5 years after the date 
the training is completed.

[[Page 18347]]

    Spray Gun Cleaning Requirements. This proposed rule would require 
all paint spray gun cleaning operations at affected new and existing 
facilities to use an atomized mist or spray such that the gun cleaning 
solvent and paint residue is not created outside of the container that 
collects the used gun cleaning solvent. Spray gun cleaning may be done, 
for example, by hand cleaning of parts of the disassembled gun in a 
container of solvent, by flushing solvent through the gun without 
atomizing the solvent and paint residue, or by using a fully enclosed 
spray gun washer. A combination of these non-atomizing methods above 
may also be used.
8. Standards for Control of MFHAP From Spray Painting Objects Less Than 
or Equal to 15 Feet in Any Dimension
    This proposed rule would require affected new and existing 
facilities that are spray painting objects less than or equal to 15 
feet in any dimension to comply with two equipment standards: (1) Use 
of low-emitting and pollution preventing spray gun technology, and (2) 
use of spray booth PM filters. This proposed rule also would require 
two management practices: (1) Spray painter training; and (2) spray gun 
cleaning.
    Based on reasonable assumptions about the practices included in the 
1990 112(k) urban HAP inventory, we have concluded that painting 
processes that contributed to MFHAP emissions in these source 
categories most likely did not include the following materials or 
activities:
    (1) Paints applied from a hand-held device with a paint cup 
capacity that is less than 3.0 fluid ounces (89 cubic centimeters);
    (2) Surface coating application using powder coating, hand-held, 
non-refillable aerosol containers, or non-atomizing application 
technology, including, but not limited to, paint brushes, rollers, hand 
wiping, flow coating, dip coating, electrodeposition coating, web 
coating, coil coating, touch-up markers, or marking pens;
    (3) Any painting or coating that normally requires the use of an 
airbrush or an extension on the spray gun to properly reach limited 
access spaces; or the application of paints or coatings that contain 
fillers that adversely affect atomization with HVLP or equivalent spray 
guns, and the application of coatings that normally have a dried film 
thickness of less than 0.0013 centimeter (0.0005 in.).
    Spray painting also does not include thermal spray operations, also 
known as metallizing, flame spray, plasma arc spray, and electric arc 
spray, among other names, in which solid metallic or non-metallic 
material is heated to a molten or semi-molten state and propelled to 
the work piece or substrate by compressed air or other gas, where a 
bond is produced upon impact. Thermal spraying operations at area 
sources are subject to the Plating and Polishing Area Source NESHAP, 
subpart WWWWWW of this part.
    Spray Gun Technology Standards. This proposed rule would require 
all affected new and existing facilities using spray-applied paints to 
use HVLP spray guns, electrostatic application, or airless spray 
techniques. Alternatively, an equivalent technology can be used if it 
is demonstrated to achieve transfer efficiency comparable to one of the 
spray gun technologies listed above for a comparable operation, and for 
which written approval has been obtained from the Administrator or 
delegated authority.
    The procedure to be used to demonstrate that spray gun transfer 
efficiency is equivalent to that of an HVLP spray gun should be 
equivalent to the California South Coast Air Quality Management 
District's ``Spray Equipment Transfer Efficiency Test Procedure for 
Equipment User, May 24, 1989'' and ``Guidelines for Demonstrating 
Equivalency with District Approved Transfer Efficient Spray Guns, 
September 26, 2002'' (incorporated by reference, see Sec.  63.14 of 
subpart A of this part). The Director of the Federal Register approves 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. You may obtain a copy from the California South Coast 
Air Quality Management District Web site at http://www.aqmd.gov/permit/docspdf/TransferEfficiencyTestingGuidelinesforHVLPEquivalency.pdf and 
http://www.aqmd.gov/permit/docspdf/Spray-Eqpt-Trfr-Efficiency.pdf. You 
may inspect a copy at the NARA. For information on the availability of 
this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. The requirements of this paragraph would not apply to 
painting performed by students and instructors at paint training 
centers.
    Spray Booth PM Control Requirement. This proposed rule would 
require the surface preparation stations or spray booths \3\ of 
affected new and existing facilities to be fitted with fiberglass or 
polyester fiber filters or other comparable filter technology that can 
be demonstrated to achieve at least 98 percent control efficiency of 
paint overspray (also referred to as ``arrestance''). As an alternate 
compliance option, spray booths can be equipped with a water curtain, 
called a ``waterwash'' or ``waterspray'' booth.
---------------------------------------------------------------------------

    \3\ The spray booth roof may contain narrow slots for connecting 
the parts and products to overhead cranes, or for cord or cable 
entry into the spray booth.
---------------------------------------------------------------------------

    98 Percent PM Control Filter--For spray booths equipped with a PM 
filter, the procedure used to demonstrate filter efficiency would need 
to be consistent with the American Society of Heating, Refrigerating, 
and Air-Conditioning Engineers (ASHRAE) Method 52.1, ``Gravimetric and 
Dust-Spot Procedures for Testing Air-Cleaning Devices Used in General 
Ventilation for Removing Particulate Matter, June 4, 1992'' 
(incorporated by reference, see Sec.  63.14 of subpart A of this part). 
The Director of the Federal Register approves this incorporation by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain a copy from the ASHRAE at 1791 Tullie Circle, NE., Atlanta, GA 
30329 or by electronic mail at [email protected]. You may inspect a 
copy at the NARA. For information on the availability of this material 
at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Compliance 
with the filter efficiency standard also can be demonstrated through 
data provided by the filter manufacturer. The test paint for measuring 
filter efficiency would be a high solids bake enamel delivered at a 
rate of at least 135 grams per minute from a conventional (non-HVLP) 
air-atomized spray gun operating at 40 pounds per square inch air 
pressure; the air flow rate across the filter shall be 150 feet per 
minute. Affected facilities may use published filter efficiency data 
provided by filter vendors to demonstrate compliance with this proposed 
requirement and would not be required to perform this measurement.
    Waterwash spray booths--As an alternative compliance option, spray 
booths may be equipped with a water curtain that achieves at least 98 
percent control of MFHAP. The waterwash or ``waterspray'' spray booths 
would be required to be operated and maintained according to the 
manufacturer's specifications.
    Spray Painting Training Requirements. This proposed rule would 
require all workers that perform spray painting at affected new and 
existing facilities to be trained, with certification made available 
that this training has occurred. The painters would need to be 
certified as having completed classroom and hands-on

[[Page 18348]]

training in the proper selection, mixing, and application of paints, or 
the equivalent. Refresher training would need to be repeated at least 
once every 5 years. These requirements would not apply to operators of 
robotic or automated surface painting operations. The initial and 
refresher training would need to address the following topics to reduce 
paint overspray, which has a direct effect on emissions reductions, as 
follows:
     Spray gun equipment selection, set up, and operation, 
including measuring paint viscosity, selecting the proper fluid tip or 
nozzle, and achieving the proper spray pattern, air pressure and 
volume, and fluid delivery rate.
     Spray technique for different types of paints to improve 
transfer efficiency and minimize paint usage and overspray, including 
maintaining the correct spray gun distance and angle to the part, using 
proper banding and overlap, and reducing lead and lag spraying at the 
beginning and end of each stroke.
     Routine spray booth and filter maintenance, including 
filter selection and installation.
    For the purposes of the proposed training requirements, the 
facility owner or operator may certify that their employees have 
completed training during ``in-house'' training programs. Also, 
facilities that can show by documentation or certification that a 
painter's work experience and/or training has resulted in training 
equivalent to the proposed training described above would not be 
required to provide the initial training required for these painters.
    Spray painters have 180 days to complete training after hiring or 
transferring into a surface painting job from another job in the 
facility. These proposed training requirements do not apply to the 
students of an accredited surface painting training program who are 
under the direct supervision of an instructor who meets the 
requirements of this paragraph. The training and certification for this 
proposed rule would be valid for a period not to exceed 5 years after 
the date the training is completed.
    Spray Gun Cleaning Requirements. This proposed rule would require 
all paint spray gun cleaning operations at affected new and existing 
facilities to use an atomized mist or spray such that the gun cleaning 
solvent and paint residue is not created outside of the container that 
collects the used gun cleaning solvent. Spray gun cleaning may be done, 
for example, by hand cleaning of parts of the disassembled gun in a 
container of solvent, by flushing solvent through the gun without 
atomizing the solvent and paint residue, or by using a fully enclosed 
spray gun washer. A combination of these non-atomizing methods above 
may also be used.
9. Standards for Welding
    This proposed rule would require owners or operators of affected 
new and existing welding operations to minimize or reduce welding fume 
by implementing the following 11 management and pollution prevention 
practices to be used as practicable:
    (a) Use low fume welding processes whenever possible. These welding 
processes include but are not limited to: GMAW--also called MIG; GTAW--
also called TIG; PAW; SAW; and all welding processes that do not use a 
consumable electrode;
    (b) Use shielding gases, as appropriate to the type of welding 
used;
    (c) Use an inert carrier gas, such as argon, as practicable to the 
type of welding used;
    (d) Use low or no-HAP welding materials and substrates;
    (e) Operate with a welding angle close to 90[deg];
    (f) Optimize electrode diameter;
    (g) Operate with lower voltage and current;
    (h) Use low fume wires, as appropriate to the type of welding used;
    (i) Optimize shield gas flow rate, as applicable to the type of 
welding used;
    (j) Use low or optimized torch speed; and
    (k) Use pulsed-current power supplies, as applicable to the type of 
welding used.
    As a compliance alternative to the management practices for welding 
processes, facilities may use control systems that reduce at least 85 
percent of the welding fume, as a surrogate for MFHAP, with operation 
of the capture and control devices according to the manufacturer's 
instructions.

E. What are the initial compliance requirements?

    To demonstrate initial compliance with this proposed rule, owners 
or operators of affected new and existing sources with dry abrasive 
blasting, machining, dry grinding and dry polishing with machines, 
spray painting, and welding operations would certify that they have 
implemented all required management and pollution prevention practices.
    In addition, owners or operators of new and existing affected 
sources with spray painting operations that have the potential to emit 
VOHAP or MFHAP would also certify that they are in compliance with the 
following requirements: Limit the VOHAP content of spray-applied 
paints, use of spray booths and filters, use of approved spray delivery 
and cleaning systems, and proper training of workers in spray painting 
application techniques.

F. What are the continuous compliance requirements?

    There are continuous requirements for all affected processes in 
metal fabrication and finishing sources. There are also additional 
continuous compliance requirements for specific processes or groups of 
processes, as follows: Visual emissions testing for dry abrasive 
blasting, machining, and dry grinding and dry polishing with machines; 
tests for VOHAP content of paints in spray painting; tests for spray 
painting for MFHAP control; and visual emissions testing for welding. 
These requirements are discussed below in more detail.
1. Continuous Compliance Requirements for All Sources
    This proposed rule would require owners or operators of all 
affected new and existing sources to demonstrate continuous compliance 
by adhering to the management and pollution prevention practices 
specified in this proposed rule and maintaining the appropriate records 
to document this compliance.
    Owners or operators that comply with this proposed rule by 
operating capture and control systems would be required to operate and 
maintain each capture system and control device according to the 
manufacturer's specifications. They also would be required to maintain 
records to document conformance with this requirement, and to keep the 
manufacturer's instruction manual available at the facility at all 
times.
2. Visual Emissions Testing for Dry Abrasive Blasting, Machining, and 
Dry Grinding and Dry Polishing With Machines, To Determine Continuous 
Compliance
    Visible Emissions Testing. For new and existing affected sources of 
dry abrasive blasting operations (except dry abrasive blasting in 
completely enclosed and unvented blast chambers), machining operations, 
and dry grinding and dry polishing with machines, this proposed rule 
would require visible emissions testing to demonstrate continuous 
compliance with management and pollution prevention practices intended 
to reduce emissions of PM, as a surrogate for MFHAP.
    The affected sources would perform visual determinations of 
fugitive

[[Page 18349]]

emissions, according to the graduated schedule described below, using 
EPA Method 22 (40 CFR part 60, appendix A) for a period of 15 
continuous minutes from the exhaust from either the stack to the 
control device or the stack from the building where the equipment is 
located, as applicable. For the purpose of this proposed rule, the 
presence of visible emissions would be noted if any emissions are 
observed for more than a total of 6 minutes during the 15-minute 
period. In case of failure in any Method 22 test, immediate correction 
action would be required to follow to reduce or eliminate the visible 
emissions. The affected source would then be required to perform more 
frequent visible emissions testing, as described in the graduated 
schedule below.
    Graduated Testing Schedule. The graduated schedule for continuous 
compliance with visible emissions testing for this rule, which 
progresses from daily to weekly to monthly testing, is as follows.
    Affected sources would be required to be tested daily for visible 
emissions with Method 22 for 10 consecutive days that the source is in 
operation. If visible emissions are not observed during these 10 days, 
the affected source can be tested once every 5 consecutive days 
(weekly) that the source is in operation. If no visible emissions are 
observed during these 4 consecutive weekly Method 22 tests, the 
affected source can be tested once per consecutive 21 days (month) of 
operation. If any visible emissions are observed during the weekly and 
monthly testing, the affected source would resume visible emissions 
testing in the more frequent schedule, i.e., weekly visible emissions 
testing is increased to daily, and monthly testing is increased to 
weekly.
3. Tests for VOHAP Content of Paints in Spray Painting To Determine 
Continuous Compliance
    For owners and operators of new and existing affected spray 
painting operations, this proposed rule would allow two options for 
demonstrating compliance with the limitation on the mass of VOHAP 
contained in their paints: (1) Compliance via paint VOHAP content 
limit, and (2) compliance via a weighted-average paint VOHAP content 
limit. Both of these options are pollution prevention strategies.
    Since we do not have knowledge of any facilities using other 
control approaches to control VOHAP emissions, we have not included any 
other on control options in this proposed rule. We are specifically 
requesting comments on this part of the proposed rule if our 
assumptions about the need for an additional compliance option are in 
error.
    Option 1: Compliance via Paint VOHAP Content Limit. In this option, 
the facility determines the VOHAP content of their paints and the 
volume fraction of paint solids in the paints to compare to the limit 
of 3.0 pounds VOHAP per gallon paint solids (0.36 kg/liter) on an 
annual (12-month) rolling average basis.
    Facilities may rely on manufacturer's formulation data for 
determining the VOHAP content of their paints and the volume fraction 
of paint solids; tests or analysis of the materials would not be 
required if formulation data are available. Alternatively, results from 
the following test methods may be used.
    For determining the VOHAP content of paints, Method 311 of 40 CFR 
part 63, appendix A may be used. Nonaqueous volatile matter, excluding 
water (i.e., VOC) may also be used as a surrogate for VOHAP, since VOC 
includes all VOHAP as well as any additional organic compounds present 
in the paint. To determine VOC content of the paints, facilities may 
use manufacturer's formulation data or Method 24 of 40 CFR part 60, 
appendix A. For determining the average density of volatile matter in 
the paint, facilities may use American Society of Testing and Materials 
(ASTM) Method D1475-98, ``Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products'' (incorporated by reference, see 
Sec.  63.14 of subpart A of this part). The Director of the Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of these 
standards from ASTM at  http://www.astm.org or ASTM International, 100 
Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959 
U.S.A. You may inspect a copy at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    For determining the volume fraction of paint solids, facilities may 
use: (1) ASTM Method D2697-03, ``Standard Test Method for Volume 
Nonvolatile Matter in Clear or Pigmented Coatings;'' or (2) 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 of subpart A 
of this part). The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may obtain a copy of these standards from ASTM at http://www.astm.org or ASTM International, 100 Barr Harbor Drive, P.O. Box 
C700, West Conshohocken, PA 19428-2959 U.S.A. You may inspect a copy at 
the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Option 2: Compliance via a Weighted-Average Paint VOHAP Content 
Limit. This option would allow a demonstration of compliance based on 
the VOHAP contained in the mix of paints used. This option offers 
facilities the flexibility to use some individual paints that do not by 
themselves meet the paint VOHAP limit, if they also use low-HAP or non-
HAP paints such that overall weighted average VOHAP content of all 
paints used over a 12-month period meets the VOHAP limit. Facilities 
would likely need to use this option if they use HAP-containing 
thinners and/or other additives in addition to paints, since these 
additives usually have high VOHAP contents. Equations are provided in 
this proposed rule to demonstrate how to perform the calculations to 
demonstrate compliance.
    Facilities would track the mass of VOHAP in each paint and the 
amount of paint used in affected sources each month of the compliance 
period. This information would then be used to determine the total mass 
of VOHAP in all paints along with the total volume of paint solids used 
during the compliance period by adding together all the monthly values 
for mass of VOHAP and the monthly values for volume of paint solids 
used, for the 12 months of the initial compliance period. Facilities 
may subtract from the total mass of VOHAP the amount contained in waste 
materials sent to a hazardous waste treatment, storage, and disposal 
facility regulated under 40 CFR part 262, 264, 265, or 266, ``Hazardous 
Waste.''
    Facilities would be required to calculate their overall weighted-
average VOHAP paint content (in pound or kilogram VOHAP emitted per 
gallon or liter paint solids used) and show that this rate meets the 
VOHAP limit. Facilities may use readily available purchase records and 
manufacturer formulation data to determine the amount of each paint 
used and the VOHAP in each material.
    In summary, if a facility chooses to demonstrate compliance using 
Option 2, Compliance via a Weighted Average

[[Page 18350]]

Paint VOHAP Content Limit, they would be required to determine all the 
parameters listed below for their paints. Either manufacturer's 
formulation data or analysis of the materials by approved test methods 
would be allowable options for determining these values.
     Quantity of each paint, thinner and/or other additive 
used, from records.
     Mass of VOHAP in each paint, thinner, and other additives, 
from manufacturer's data or tests.
     Volume fraction of paint solids for each paint, from 
manufacturer's data or tests.
     Total mass of VOHAP in all materials and total volume of 
paint solids used each month, by calculation.
     Total mass of VOHAP emissions and total volume of paint 
solids used for the initial compliance period, by calculation.
     Ratio of the total mass of VOHAP emitted to the total 
volume of paint solids used for the initial compliance period, by 
calculation.
    With this option, facilities would need to record these 
calculations and results, and include them in the Notification of 
Compliance Status. EPA notes that the VOHAP composition of coatings 
subject to this proposed rule is ``emissions data'' under section 114 
of the CAA, and EPA's regulatory definition of such term in 40 CFR part 
2, because the information is necessary to determine compliance with 
applicable limits. As such, this information must be available to the 
public regardless of whether EPA obtains the information through a 
reporting requirement or through a specific request to the regulated 
entity. Therefore, such information is not eligible for treatment as 
``confidential business information.''
4. Tests for Spray Painting for MFHAP Control To Determine Continuous 
Compliance
    Affected new and existing facilities that perform spray painting 
would need to ensure and certify that: (1) All new and existing 
personnel, including contract personnel, who spray-apply surface paints 
with MFHAP are trained in the proper application of surface paints; (2) 
all spray-applied paints with MFHAP are applied with a HVLP spray gun, 
electrostatic application, airless spray gun, or equivalent; (3) 
emissions of MFHAP are minimized during mixing, storage, and transfer 
of paints; and (4) paint and solvent lids are kept tightly closed when 
not in use.
    In addition, for spray painting objects less than 15 feet in any 
dimension, owners or operators of affected processes would also need to 
ensure and certify that surface preparation stations or spray booths 
are fitted with fiberglass or polyester fiber filters or other 
comparable filter technology that can be demonstrated to achieve at 
least 98 percent control efficiency of the MFHAP in the paint.
5. Visual Emissions Testing for Welding To Determine Continuous 
Compliance
    For new and existing affected sources with welding operations, this 
proposed rule would require visible emissions testing from a vent, 
stack, exit, or opening from the building containing the welding metal 
fabrication and finishing operations to demonstrate continuous 
compliance with management practices or add-on controls intended to 
control PM emissions, as a surrogate for MFHAP. This testing has a 
three-tier compliance structure.
    Tier 1. The first tier for welding compliance would require visual 
determinations of fugitive emissions using EPA Method 22, and allows 
the same graduated testing schedule described above in section (F)(2) 
for dry abrasive blasting, dry grinding and dry polishing with 
machines, and machining, which includes provisions for reducing the 
frequency of the Method 22 tests when no visible emissions are observed 
in consecutive time periods of operation. If no visible emissions are 
found, no corrective action would be required.
    If visible emissions are present during any Method 22 test, 
immediate corrective action would be required that includes inspection 
of all fume sources and control methods in operation, and documentation 
of the visual emissions test results. The graduated schedule also would 
require the affected source to resume visible emissions testing in the 
previous, more frequent schedule, i.e., weekly visible emissions 
testing is increased to daily, and monthly testing is increased to 
weekly.
    Tier 2. The second tier for welding compliance would be implemented 
if visible emissions are detected for the second time in any 
consecutive twelve-month period. The second tier would require 
corrective action and documentation of the detection of visible 
emissions and the corrective action taken. Corrective action would be 
required to take place immediately after the failed Method 22 test. In 
addition, the second tier for welding compliance would require a 
facility to perform a visual determination of emissions opacity using 
EPA Method 9 (40 CFR part 60, appendix A) within 24 hours of the failed 
Method 22 test. In EPA Method 9, the average of 24 15-second intervals 
of opacity observation is determined, producing a total of 360 seconds 
or 6 minutes of opacity observation or 6-minute average opacity.
    If in the second tier tests using Method 9 the average of the 6-
minute opacities is determined to be 20 percent or less, implementation 
of Method 9 testing would be required with a graduated schedule of 
reduced frequency like that used for the Method 22 tests, described 
above in section (F)(2), from daily to weekly to monthly for 
consecutive successful tests. If opacity continues to be less than 20 
percent and, pursuant to the graduated schedule the Method 9 testing 
for the welding processes is able to be reduced to once a month, the 
facility would have the choice of switching back to performing Method 
22 tests on a monthly basis. Alternatively, the facility could choose 
to continue performing monthly Method 9 tests.
    If the average of the 6-minute opacities is determined to be more 
than 20 percent in the Method 9 tests in the second tier, the third 
tier of welding compliance requirements would be required, as described 
below.
    Tier 3. The third tier for welding compliance would include the 
development and implementation of a Site-specific Welding Emissions 
Management Plan (SWMP) within 30 days, and submittal of the SWMP to the 
delegated authority. The SWMP would be required to be kept at the 
facility in a readily accessed location for inspector review. Also, the 
facility would be required to report any exceedence of the 20 percent 
opacity annually along with their annual compliance report.
    The purpose of the SWMP is to ensure that no visible emissions 
occur in the future from this process, as determined by EPA Method 22 
tests or less than 20 percent opacity by EPA Method 9. Application of 
the SWMP may involve implementation of additional management and 
pollution prevention practices, as described above under Welding 
Controls, beyond those already in place at the facility or the use of 
capture equipment and add-on control devices. During the development of 
the SWMP, daily Method 9 tests would be required to continue to be 
performed, according to the graduated schedule. The SWMP would be 
required to be updated after any failures to meet 20 percent or less 
opacity as determined by Method 9. If opacity continues to be less than 
20 percent and Method 9 testing of the welding processes at the 
facility falls to once a month, according to the graduated testing 
schedule, the facility would have a choice of changing to monthly 
Method 22 tests or remaining

[[Page 18351]]

with monthly Method 9, as above. The SWMP would be updated annually and 
would include revisions to reflect any changes in welding operations or 
controls at the facility.
    The SWMP is estimated to require up to 16 hours to prepare 
initially. We are proposing that the SWMP would address the following: 
The type(s) of welding operation(s) currently used at the facility; the 
measures used to minimize welding fume at each of type of welding 
operation or each welding station; and procedures used by the facility 
to ensure that these measures are being implemented. No outside 
consultants or professional engineer certification is required or 
necessary to prepare the SWMP.

G. What are the notification, recordkeeping, and reporting 
requirements?

    The affected new and existing sources would be required to comply 
with some requirements of the General Provisions (40 CFR part 63, 
subpart A), which are identified in Table 3 of this proposed rule. Each 
facility would be required to submit an Initial Notification and a 
Notification of Compliance Status according to the requirements in 40 
CFR 63.9 in the General Provisions. The affected source would be 
required to prepare an annual compliance status report and keep this 
report in a readily available location for inspector review. If there 
are any exceedences during the year, the facility would submit this 
annual compliance report with any exceedence reports prepared during 
the year. The exceedence reports would describe the circumstance of the 
exceedence and the corrective action taken. We specifically request 
comment on this proposed requirement for annual compliance report 
preparation and exceedence report submission.
    Facilities also would be required to maintain all records that 
demonstrate initial and continuous compliance with this proposed rule, 
including records of all required notifications and reports, with 
supporting documentation; records showing compliance with management 
and pollution prevention practices. Owners and operators would also 
maintain records of the following, if applicable: Date and results of 
all visual determinations of fugitive emissions, including any follow-
up tests and corrective actions taken; date and results of all visual 
determinations of emissions opacity, and corrective actions taken; and 
a copy of the SWMP, if it is required.

IV. Rationale for This Proposed Rule

A. How did we select the source category?

    The nine metal fabrication and finishing source categories were 
listed as area source categories on November 22, 2002 (67 FR 70427). 
The inclusion of these source categories on the area source category 
list was based on data from the CAA section 112(k) inventory, which 
represents 1990 urban air information. Those data indicated that metal 
fabrication and finishing plants were contributors to MFHAP emissions 
in urban areas.
    For these source categories, we performed site visits and written 
facility surveys, reviewed published literature, reviewed information 
from Web sites of vendors of air pollution control devices, and held 
discussions with trade organizations and industry experts. From this 
research we found that the nine source categories perform the same HAP-
emitting processes, and, if the process was present, the emissions were 
controlled in the same way. Consequently, we decided to issue 
regulations for these nine metal fabrication and finishing area source 
categories in one rulemaking action.

B. How did we select the affected sources?

    We found in on our research described above in section IV(A) that 
potential sources of HAP emissions from the nine metal fabrication and 
finishing source categories include the following five general metal 
fabrication and finishing operations: (1) Dry abrasive blasting; (2) 
machining; (3) dry grinding and dry polishing with machines; (4) spray 
painting; and (5) welding. We found that MFHAP are used in and have the 
potential to be emitted from these operations. Therefore, we selected 
the facilities with these processes in the source categories as the 
affected sources for this proposed rule. Because the MFHAP may be 
emitted as fugitives, we have elected to define the affected sources as 
the collection of all equipment and activities necessary to perform dry 
abrasive blasting, machining, dry grinding and dry polishing with 
machines, spray painting, and welding.
    Four of the metal fabrication and finishing source categories were 
also listed for emissions of the organic HAP TCE.\4\ Chlorinated 
solvents such as TCE are used as degreasers in these metal fabrication 
and finishing source categories. We subsequently discovered that the 
1990 emissions data for TCE was for metal fabrication and finishing 
facilities that used TCE in degreasing operations, which are not part 
of this source category. Rather, these emission units at both major and 
area sources are subject to standards for halogenated solvent cleaning 
under 40 CFR part 63, subpart T. Consequently, we are not proposing 
standards for TCE from metal fabrication and finishing facilities. The 
four metal fabrication and finishing source categories listed for TCE 
emissions remain listed source categories pursuant to section 112(c)(3) 
of this part, and this proposed rule establishes standards for 
emissions of MFHAP and VOHAP. Therefore, we are clarifying that we do 
not need these four source categories to meet the section 112(c)(3) 90 
percent requirement regarding area source emissions of TCE.
---------------------------------------------------------------------------

    \4\ These four source categories were Electrical and Electronic 
Equipment Finishing Operations; Fabricated Metal Products; Primary 
Metal Products Manufacturing; and Valves and Pipe Fittings.
---------------------------------------------------------------------------

    We also found that some metal fabrication and finishing facilities 
also perform plating. All chromium electroplating tanks are already 
subject to the Chromium Electroplating NESHAP (40 CFR part 63, subpart 
N), while other plating operations at area sources are subject to the 
Plating and Polishing Area Source Rule (40 CFR part 63, subpart 
WWWWWW). Therefore, these sources would not be affected sources under 
this proposed rule for metal fabrication and finishing area sources.

C. How did we determine the regulated processes?

    We found in our research for this proposed rule that there are five 
general production operations common to the nine metal fabrication and 
finishing source categories that can emit MFHAP: (1) Dry abrasive 
blasting; (2) dry grinding and dry polishing with machines; (3) 
machining; (4) spray painting; and (5) welding. As part of our 
analyses, we considered whether there were differences in the 
operations, the products fabricated or finished, or other factors 
affecting emissions that would warrant different control strategies. 
Under section 112(d)(1) of the CAA, EPA ``may distinguish among 
classes, types, and sizes within a source category or subcategory in 
establishing such standards * * *''
    We observed significant differences in processes for two of the 
five metal fabrication and finishing operations: Dry abrasive blasting 
and painting. Considering these differences in the processes, we 
identified nine distinct metal fabrication and finishing processes for 
the purposes of this proposed rule. A discussion of how we

[[Page 18352]]

identified these nine processes follows below.
1. Dry Abrasive Blasting Regulated Processes
    Some dry abrasive blasting operations for small parts with low-
throughput are performed in completely enclosed units commonly called 
``glove boxes,'' which have no air outlet or ventilation and, hence, no 
emissions when designed and operated properly. These sources are 
distinctly different from larger operations which are not completely 
enclosed because of the limitations of their size.
    Most dry abrasive blasting of larger objects and/or large 
throughput operations performed at metal fabrication and finishing area 
sources is performed in enclosed spaces, which are typically equipped 
with cartridge filters or other control devices on the air exhaust. 
However, it is not always practical to completely enclose dry abrasive 
blasting of very large objects (e.g., oil derricks) because of the size 
and subsequent cost of the enclosure and also difficulty maneuvering 
the object into the enclosure. The impracticality of this effort is 
particularly evident when the operation is only performed 
intermittently. Consequently, dry abrasive blasting of very large 
objects is sometimes performed outdoors or in 2- or 3-sided buildings 
that are open on one or more sides to allow the large articles to be 
easily moved into the blasting zone by heavy equipment or cranes.
    We found State regulations that allow outdoor dry abrasive blasting 
operations for objects over 8 feet in any one dimension. We also found 
through our industry surveys that these very large objects were blasted 
outdoors. We also learned that facilities are motivated to enclose dry 
abrasive blasting operations whenever possible because of the potential 
cost savings from recovering the blast material which lowers blast 
material usage and also costs, so that outside blasting is only 
performed when necessary because of the size of the parts or products.
    Consequently, we determined for the purposes of this proposed rule 
that there were two distinct sizes of products being blasted that 
affected the manner in which the process was performed: Products more 
than 8 feet in any dimension, and products less than or equal to 8 
feet. For products less than or equal to 8 feet, we also observed that 
some of these products were blasted in completely enclosed chambers 
that did not allow any air or emissions to escape. Therefore, we 
developed three distinct dry abrasive blasting processes: (1) Dry 
abrasive blasting of objects greater than 8 feet in any dimension; (2) 
dry abrasive blasting of objects less than or equal to 8 feet in any 
dimension, performed in completely enclosed and unvented blast 
chambers; and (3) dry abrasive blasting of objects less than or equal 
to 8 feet in any dimension, performed in vented enclosures.
2. Spray Painting Regulated Processes
    Most spray painting performed at metal fabrication and finishing 
area sources is performed in enclosed spray paint booths, which are 
typically equipped with filters for PM control, where PM is a surrogate 
for MFHAP. Because of the impracticality of enclosing large objects in 
booths, similar to the discussion above for dry abrasive blasting, we 
found that it is common practice in the industry for these sources to 
spray paint large objects outside or in 2- or 3-sided buildings. We 
found that the size of objects typically spray painted outside are 
approximately 15 feet in any one dimension.
    Therefore, we determined that there were two distinct sizes of 
products being painted that affected the manner in which the process 
was performed: (1) Products more than 15 feet in any dimension; and (2) 
products equal to or less than 15 feet in any dimension. Therefore, we 
developed two distinct spray painting processes for MFHAP control: (1) 
Spray painting of objects less than or equal to 15 feet in any 
dimension; and (2) spray painting of objects greater than 15 feet in 
any dimension.
    It should be noted that the object size cut-off for the spray 
painting processes is more stringent than the one selected for dry 
abrasive blasting in that objects between 8 and 15 feet in dimension 
are enclosed for spray painting but not for blasting. This difference 
occurs because the MFHAP overspray from uncontrolled spray painting is 
higher, more hazardous, and more of a nuisance (i.e., more odor, clean-
up, etc.) than the inert PM and low level of MFHAP emitted from dry 
abrasive blasting. Therefore, painting spray booths need to be sealed 
better, whereas in dry abrasive blasting the structures can be 
partially enclosed.
    We also determined that there was the potential for significant 
VOHAP emissions from painting that are not controlled by the PM capture 
and control equipment described above. We also observed that for the 
purposes of controlling VOHAP, it was not necessary to distinguish 
between sizes of the objects painted. Therefore, we are proposing one 
standard for control of VOHAP emissions from spray painting that would 
apply to all spray painting operations. Since this standard is a 
pollution prevention technique that restricts the types of coatings 
used in spray painting, it does not differentiate the size of the 
product being painted.
3. Other Regulated Processes
    For dry grinding and dry polishing with machines; machining; and 
welding we did not observe any distinct differences that would warrant 
differentiating the operations into separate processes. Therefore, 
these three operations are included as individual regulated processes 
in this proposed rule.
4. The Nine Regulated Processes in the Metal Fabrication and Finishing 
Source Categories
    In the above section IV(C)(1), we discussed how we divided dry 
abrasive blasting operations into three processes for the purposes of 
this proposed rule. In the above section IV(C)(2), we discussed how we 
divided painting operations into three processes for regulation. The 
remaining three operations were not further divided, as discussed above 
in section (C)(3). The result of these analyses is that we have 
identified the following nine metal fabrication and finishing processes 
for this proposed rule:
    (1) Dry abrasive blasting objects less than or equal to 8 feet in 
any dimension, performed in completely enclosed and unvented blast 
chambers;
    (2) Dry abrasive blasting of objects less than or equal to 8 feet 
in any dimension, performed in vented enclosures;
    (3) Dry abrasive blasting of objects greater than 8 feet in any 
dimension;
    (4) Dry grinding and dry polishing with machines;
    (5) Machining;
    (6) Control of VOHAP from spray painting;
    (7) Control of MFHAP in spray painting of objects less than or 
equal to 15 feet in any dimension;
    (8) Control of MFHAP in spray painting of objects greater than 15 
feet in any dimension; and
    (9) Welding.

D. How was GACT determined?

    We are proposing nine standards representing GACT for the metal 
fabrication and finishing source categories, as provided in CAA section 
112(d)(5). The information used to determine the proposed GACT is 
derived from site visits and written facility surveys, published 
literature, information from websites of vendors of air pollution 
control devices, and

[[Page 18353]]

discussions with trade organizations and industry experts. We found 
that the MFHAP emissions from the nine metal fabrication and finishing 
source categories are already well controlled by the industry, where 
MFHAP is controlled as PM, a surrogate for MFHAP. The facilities were 
motivated to control these MFHAP emissions to improve health and safety 
of the worker's environment and to save raw material use.
    We evaluated the control technologies and management practices that 
are current industry practice for the nine metal fabrication and 
finishing area source categories. See Section II(C)(3) above, ``Metal 
Fabrication and Finishing HAP Emission Controls,'' for a discussion of 
the controls used in the metal fabrication and finishing source 
categories. We also evaluated the control technologies used in similar 
industries. We did not identify any major sources of MFHAP in these 
nine source categories.
    We also considered costs and economic impacts in determining GACT. 
We believe the consideration of costs and economic impacts is 
especially important for metal fabrication and finishing sources 
because requiring additional controls would result in only marginal 
reductions in emissions at very high costs for a modest incremental 
improvement in MFHAP control, and because more than 90 percent of metal 
fabrication and finishing facilities are small businesses.
    Since we have concluded that the industry was already well-
controlled, we have developed GACT requirements to insure that these 
gains in emission control from the 1990 levels are continued. We 
explain below in detail our proposed GACT determinations.
1. GACT for Dry Abrasive Blasting
    Dry abrasive blasting generates much PM and to a lesser degree 
MFHAP from substrate material, and any dirt and paint if the substrate 
was previously used. We found that it is standard industry practice to 
control indoor blasting by either a total enclosure with no exhaust or 
a total enclosure exhausted to PM filtration devices where PM is 
controlled as a surrogate for MFHAP. Facilities in the industry have 
enclosed these processes due to the significant cost savings that 
results from the ability to recycle the used blast material.
    We also found that it is standard industry practice to perform 
blasting of large objects outdoors since they cannot fit easily inside 
enclosures. Many State laws allow dry abrasive blasting outdoors for 
objects over 8 feet in any one dimension. Therefore, we concluded that 
this is a separate process different from the indoor blasting which was 
described above.
    Consequently, we developed three distinct processes for dry 
abrasive blasting operations the purposes of this proposed rule, as 
follows: (1) Dry abrasive blasting objects less than or equal to 8 feet 
in any dimension, performed in completely enclosed and unvented blast 
chambers; (2) dry abrasive blasting of objects less than or equal to 8 
feet in any dimension, performed in vented enclosures; and (3) dry 
abrasive blasting of objects greater than 8 feet in any dimension. The 
following is a discussion of how we developed GACT for these three 
processes.
    a. Dry Abrasive Blasting Objects Less Than or Equal to 8 Feet in 
Any Dimension, Performed in Completely Enclosed and Unvented Chambers. 
We found that it is standard industry practice to use total enclosures 
with no exhaust for some dry abrasive blasting operations of objects 
less than or equal to 8 feet. Therefore, we are proposing that GACT for 
this dry abrasive blasting process is management practices because 
controls in the form of total enclosures are already a part of the 
process equipment and do not allow PM, as a surrogate for MFHAP, to be 
emitted during blasting. These two management practices are as follows: 
(1) Minimize dust generation during emptying of the enclosure; and (2) 
operate all equipment used in the blasting operation according to 
manufacturer's instructions. These management practices are standard 
industry practice for ``good housekeeping'' in and around dusty 
processes, and are applicable when the chambers are opened for cleaning 
after blasting is competed.
    b. Dry Abrasive Blasting of Objects Less than or Equal to 8 Feet in 
any Dimension, Performed in Vented Enclosures. We found that it is 
standard industry practice to control some indoor blasting operations 
of objects less than or equal to 8 feet by using an enclosure exhausted 
to PM filtration devices, where PM is controlled as a surrogate for 
MFHAP. Since these dry abrasive blasting operations are enclosed, 
capturing and filtering the exhaust enables recycling of the blast 
material, which is a cost savings to the facility and standard industry 
practice. We learned from the facilities in the industry that the 
indoor workplace would not be tolerable without the blasting controls 
that we are proposing as GACT. Therefore, we propose that GACT for this 
process is an equipment standard of enclosures and filtration that 
captures and collects the PM emitted, as a surrogate for MFHAP. We are 
also proposing management practices as GACT that are standard industry 
practice or ``good housekeeping'' for in and around dusty processes, as 
follows: (1) Keep work areas free of excess dust by regular sweeping or 
vacuuming to control the accumulation of dust and other particles; 
regular sweeping or vacuuming is defined to be sweeping or vacuuming 
conducted once per day, once per shift, or once per operation as 
needed, depending on the severity of dust generation; (2) enclose dusty 
material storage areas and holding bins, seal chutes and conveyors; and 
(3) operate all equipment according to manufacturer's instructions.
    c. Dry Abrasive Blasting of Objects Greater Than 8 Feet in any 
Dimension. We found that it is standard industry practice to perform 
outdoor blasting of large objects that cannot fit easily inside an 
enclosure. We also found that many State laws allow dry abrasive 
blasting outdoors if performed on objects larger than 8 feet in any one 
dimension. It is not standard practice in metal fabrication and 
finishing facilities to enclose these processes and would be a 
significant cost to the facility to do so because of the large size of 
the objects, at approximately $110 million per ton of MFHAP removed.
    Because of the burden an enclosure requirement would entail for 
facilities that perform abrasive blasting of large objects, we propose 
the GACT requirement for objects greater than 8 feet in any dimension, 
where the blasting is performed outdoors, to be management practices 
that minimize MFHAP emissions, as follows: (1) Do not perform blasting 
outside when wind velocity is greater than 25 mph; (2) switch from high 
PM-emitting blast media (e.g., sand) to low PM-emitting blast media 
(e.g., steel shot, aluminum oxide), whenever practicable; (3) do not 
blast substrates having coatings containing lead (>0.1 percent lead), 
unless enclosures, barriers, or other PM control methods are used to 
collect the lead particles; (4) do not re-use the blast media unless 
contaminants (i.e., any material other than the base metal, such as 
paint residue) have been removed by filtration or screening so that the 
dry abrasive material conforms to its original size and makeup; (5) 
keep work areas free of excess dust by regular sweeping or vacuuming to 
control the accumulation of dust and other particles; regular sweeping 
or vacuuming is defined to be sweeping or

[[Page 18354]]

vacuuming conducted once per day, once per shift, or once per operation 
as needed, depending on the severity of dust generation; (6) enclose 
dusty material storage areas and holding bins, seal chutes and 
conveyors; and (7) operate all equipment according to manufacturer's 
instructions.
2. GACT for Dry Grinding and Dry Polishing With Machines
    We found that it is standard industry practice to capture PM 
emissions, as a surrogate for MFHAP, from dry grinding and dry 
polishing with machines, by the use of local exhaust, hoods, or other 
vacuum devices; and to collect the PM with filtration devices, such as 
cartridge filters. Facilities have reported that the indoor workplace 
would not be tolerable without these types of controls on dry grinding 
and dry polishing with machines.
    Therefore, we propose that GACT for dry grinding and dry polishing 
with machines would be the equipment standard of capture and control 
with filtration devices. We also propose management practices that are 
standard industry procedures and common ``good housekeeping'' practices 
in and around dusty processes, as follows: (1) Keep work areas free of 
excess dust by regular sweeping or vacuuming to control the 
accumulation of dust and other particles; regular sweeping or vacuuming 
is defined to be sweeping or vacuuming conducted once per day, once per 
shift, or once per operation as needed, depending on the severity of 
dust generation; and (2) operate all equipment used in dry grinding and 
dry polishing with machines according to manufacturer's instructions.
3. GACT for Machining
    The majority of the PM released by machining processes consists of 
large particles or metal shavings that fall immediately to the floor. 
Any MFHAP that is released would originate from the part or product 
being machined. We found that it is general industry practice to 
totally enclose the machining process and/or use lubricants or liquid 
coolants that do not allow small particles to escape. Therefore, we are 
proposing that GACT for machining is the following two management and 
pollution prevention practices: (1) Keep work areas free of excess dust 
by regular sweeping or vacuuming to control the accumulation of dust 
and other particles; regular sweeping or vacuuming is defined to be 
sweeping or vacuuming conducted once per day, once per shift, or once 
per operation as needed, depending on the severity of dust generation; 
and (2) operate all equipment used in machining operations according to 
manufacturer's instructions.
4. GACT for Spray Painting To Control MFHAP
    Emissions from spray painting include MFHAP from the paint 
pigments. Spray painting performed indoors at metal fabrication and 
finishing area sources is required by OSHA regulations to be performed 
in an enclosed spray paint booth. We found that these booths are 
typically equipped with filters for PM control, where PM is a surrogate 
for MFHAP. Because of the impracticality of enclosing very large 
objects in booths, we also found that it is common practice in the 
industry to spray paint large objects outside or in 2- or 3-sided 
structures. We found that the size of objects typically spray painted 
outside are approximately 15 feet in any one dimension. Therefore, we 
determined that there were two distinct sizes of products being painted 
that affected the manner in which the process was performed: (1) 
Products greater than 15 feet in any dimension, and (2) products less 
than or equal to 15 feet in any dimension. Accordingly, we developed 
GACT requirements for each of these two processes. The following 
describes our proposed GACT and the rationale for selecting the GACT 
requirements for these two processes.
a. GACT Requirements for Control of MFHAP in Spray Painting Objects 
Greater Than 15 Feet in Any Dimension
    The GACT requirements in this proposed rule would require owners or 
operators of affected new and existing spray painting operations to 
comply with one equipment standard: (1) Use of low-emitting and 
pollution preventing spray gun technology. The proposed rule also would 
require two management practices: (1) Spray painter training; and (2) 
spray gun cleaning.
    Spray Gun Technology Requirements--We are proposing that GACT for 
this proposed rule would require all affected new and existing 
facilities using spray-applied paints to use HVLP spray guns, 
electrostatic application, or airless spray techniques. Alternatively, 
an equivalent technology can be used if it is demonstrated to achieve 
transfer efficiency comparable to one of the spray gun technologies 
listed above for a comparable operation, and for which written approval 
has been obtained from the Administrator or delegated authority.
    Spray Painting Training Requirements--We are proposing that GACT 
for this proposed rule would require all workers that perform spray 
painting at affected new and existing facilities to be trained, with 
certification made available that this training has occurred. For the 
purposes of the proposed training requirements, the facility owner or 
operator may certify that their employees have completed training 
during ``in-house'' training programs. Also, facilities that can show 
by documentation or certification that a painter's work experience and/
or training has resulted in training equivalent to the training 
described above would not be required to provide the initial training 
required for these painters. The training would need to address the 
following topics to reduce paint overspray, which has a direct effect 
on emissions reductions: Spray gun equipment selection, set up, and 
operation; spray technique for different types of paints to improve 
transfer efficiency and minimize paint usage and overspray; and routine 
spray booth and filter maintenance, including filter selection and 
installation. Spray painters have 180 days to complete training after 
hiring or transferring into a surface painting job from another job in 
the facility. The training and certification for this proposed rule 
would be valid for a period not to exceed 5 years after the date the 
training is completed.
    Spray Gun Cleaning Requirements--We are proposing that GACT for 
this proposed rule would require all paint spray gun cleaning 
operations at affected new and existing facilities to use an atomized 
mist or spray such that the gun cleaning solvent and paint residue is 
not created outside of the container that collects the used gun 
cleaning solvent. These gun cleaning methods include hand cleaning of 
parts, use of a fully enclosed spray gun washer, or a combination of 
these non-atomizing methods. Hand cleaning is considered equivalent to 
gun washers as long as the painters do not atomize cleaning solvent 
from the gun and the spent solvent is collected in a container that is 
closed when not in use.
b. Rationale for GACT To Control MFHAP in Spray Painting Objects 
Greater Than 15 Feet in Any Dimension
    Some facilities paint large objects (greater than 15 feet) in open 
air or 2-sided buildings so that the objects can be moved in and out 
with cranes and other heavy equipment. It is not standard practice in 
metal fabrication and finishing facilities to enclose these operations 
in booths and would be a significant cost to the facility to do so 
because of the large size of the objects, at approximately $20 million 
per ton of MFHAP removed for large spray booths.

[[Page 18355]]

However, in order to minimize paint waste and exposure of the worker to 
paint overspray, it is standard industry practice for facilities that 
spray paint large objects to use HVLP equivalent high transfer 
efficiency spray techniques even though they are not enclosing the 
paint operation and filtering the exhaust air.
    These HVLP spray painting technologies produce a 40 percent 
decrease in paint consumption and resultant emissions compared to 
conventional spray guns. Conventional high-pressure air-atomized spray 
guns have a typical transfer efficiency of about 30 percent while HVLP 
and other types of high-efficiency spraying use lower air pressures and 
achieve a transfer efficiency of about 50 percent, or greater, with 
appropriate operator training. The HVLP spray method we are proposing 
as GACT is a pollution prevention technology that is standard industry 
practice and reduces the amount of paint sprayed. The HVLP spray method 
reduces paint costs to the facility, reduces worker exposure to paint 
overspray, reduces clean-up requirements, and also reduces MFHAP 
emissions.
    Because of the burden an enclosure requirement would entail for 
facilities that paint large objects, we propose the equipment standard 
for GACT for these sources to be a requirement for HVLP spray gun use. 
We chose the size requirement for indoor spray painting at 15 feet 
based on industry information. We specifically request comment on our 
size cut-off on affected sources of this requirement. In addition, we 
are proposing management practices as GACT to ensure that workers are 
trained properly in the high efficiency spray painting techniques and 
that the spry equipment is washed in a way that minimizes atomization 
of the paint, which can cause MFHAP emissions to occur. The HVLP 
training and equipment cleaning procedures are common practice in this 
industry as well as other similar industries. To minimize the impact on 
small business, the facility owner or operator may perform this 
training during ``in-house'' training programs. Also, facilities can 
show that a painter's work experience and/or training have resulted in 
equivalent training and, therefore, would not be required to provide 
training at an external location for these painters.
    This proposed rule would require all paint spray gun cleaning 
operations at affected new and existing facilities to be performed such 
that the gun cleaning solvent and paint residue is not created outside 
of the container that collects the used gun cleaning solvent. These gun 
cleaning methods include hand cleaning of parts, use of a fully 
enclosed spray gun washer, or a combination of these non-atomizing 
methods. Hand cleaning is considered equivalent to gun washers as long 
as the painters do not atomize cleaning solvent from the gun and the 
spent solvent is collected in a container that is closed when not in 
use. Since facilities that do not currently have an automated gun 
washer can still comply with the proposed standards by cleaning guns by 
hand, we do not expect that sources would have any annualized capital 
costs or operating costs for spray gun cleaning.
c. GACT Requirements for Control of MFHAP in Spray Painting Objects 
Equal To or Less Than 15 Feet in Any Dimension
    This proposed rule would require affected new and existing 
facilities that are spray painting objects less than or equal to 15 
feet in any dimension to comply with two equipment standards: (1) Use 
of low-emitting and pollution preventing spray gun technology, and (2) 
use of spray booth PM filters. This proposed rule also would require 
two management practices: (1) Spray painter training, and (2) spray gun 
cleaning.
    Spray Booth PM Control Requirement--We are proposing that GACT for 
this proposed rule would require the surface preparation stations or 
spray booths of affected new and existing facilities to be fitted with 
fiberglass or polyester fiber filters or other comparable filter 
technology that can be demonstrated to achieve at least 98 percent 
control efficiency of paint overspray (also referred to as 
``arrestance''). As an alternative compliance option, spray booths may 
be equipped with a water curtain that achieves at least 98 percent 
control of MFHAP. The waterspray booths would be required to be 
operated and maintained according to the manufacturer's specifications.
    Spray Gun Technology Requirements--We are proposing that GACT for 
this proposed rule would require all affected new and existing 
facilities using spray-applied paints to use HVLP spray guns, 
electrostatic application, or airless spray techniques. Alternatively, 
an equivalent technology can be used if it is demonstrated to achieve 
transfer efficiency comparable to one of the spray gun technologies 
listed above for a comparable operation, and for which written approval 
has been obtained from the Administrator or delegated authority.
    Spray Painting Training Requirements--We are proposing that GACT 
for this proposed rule would require all workers that perform spray 
painting at affected new and existing facilities to be trained, with 
certification made available that this training has occurred. The 
training would need to address the following topics to reduce paint 
overspray, which has a direct effect on emissions reductions: Spray gun 
equipment selection, set up, and operation; spray technique for 
different types of paints to improve transfer efficiency and minimize 
paint usage and overspray; and routine spray booth and filter 
maintenance, including filter selection and installation. Spray 
painters have 180 days to complete training after hiring or 
transferring into a surface painting job from another job in the 
facility. For the purposes of the proposed training requirements, the 
facility owner or operator may certify that their employees have 
completed training during ``in-house'' training programs. Also, 
facilities that can show by documentation or certification that a 
painter's work experience and/or training has resulted in training 
equivalent to the training described above would not be required to 
provide the initial training required for their painters. The training 
and certification for this proposed rule would be valid for a period 
not to exceed 5 years after the date the training is completed.
    Spray Gun Cleaning Requirements--We are proposing that GACT for 
this proposed rule would require all paint spray gun cleaning 
operations at affected new and existing facilities to use an atomized 
mist or spray such that the gun cleaning solvent and paint residue is 
not created outside of the container that collects the used gun 
cleaning solvent. These gun cleaning methods include hand cleaning of 
parts, use of a fully enclosed spray gun washer, or a combination of 
these non-atomizing methods. Hand cleaning is considered equivalent to 
gun washers as long as the painters do not atomize cleaning solvent 
from the gun and the spent solvent is collected in a container that is 
closed when not in use.
d. Rationale for GACT To Control MFHAP in Spray Painting Objects Equal 
To or Less Than 15 Feet in Any Dimension
    We are proposing that GACT for this process includes management 
practices and equipment standards. Our proposed GACT for this process 
includes the use of the pollution prevention spray painting 
technologies such as HVLP spray guns or their equivalent. These spray 
painting technologies produce a 40 percent decrease in paint 
consumption and resultant emissions

[[Page 18356]]

compared to conventional spray guns. Conventional high-pressure air-
atomized spray guns have a typical transfer efficiency of about 30 
percent while HVLP and other types of high-efficiency spraying use 
lower air pressures and achieve a transfer efficiency of about 50 
percent, or greater, with appropriate operator training.
    The HVLP spray method we are proposing as GACT is a pollution 
prevention technology that is standard industry practice in this 
industry as well as other similar industries, and reduces the amount of 
paint sprayed. The HVLP spray method reduces paint costs to the 
facility, reduces worker exposure to paint overspray, reduces clean-up 
requirements, and also reduces MFHAP emissions.
    In addition, we are proposing management practices as GACT to 
ensure that workers are trained properly in the high efficiency spray 
painting techniques and that the spray equipment is washed in a way 
that minimizes atomization of the paint, which can cause MFHAP 
emissions to occur. The HVLP training and equipment cleaning procedures 
are common practice in this industry as well as other similar 
industries. To minimize the impact on small business, the facility 
owner or operator may perform this training during ``in-house'' 
training programs. Also, facilities can show that a painter's work 
experience and/or training have resulted in equivalent training and, 
therefore, would not be required to provide training at an external 
location for their painters.
    We also propose that GACT for spray painting objects less than or 
equal to 15 feet is the use of a spray booth equipped with a high 
efficiency PM filter that removes MFHAP. OSHA already requires that all 
indoor spray painting be performed in an enclosed booth or room, with 
the exhaust vented through a filter. Therefore, upgrade of a spray 
booth to include a PM filter to control MFHAP is only a small change to 
the current process. The PM filters that remove MFHAP also are 
available at no significant additional cost. Based on our research, we 
estimate that only 20 percent of the current facilities that do spray 
painting are expected to require a change in their filter type to be 
able to control MFHAP and meet the proposed GACT. The costs of the 
MFHAP filters as well as the costs of high efficiency spray equipment 
and training are estimated to be offset by the reduced paint costs 
attributed to the use of high efficiency spray equipment, for those 
facilities where HVLP is not already in use. In addition, the use of 
high efficiency spray paint techniques reduces the amount of time the 
worker spends in painting, allowing the facility to use the worker for 
other operations or training, and thereby reducing labor costs.
    This proposed rule would require all paint spray gun cleaning 
operations at affected new and existing facilities to be performed such 
that the gun cleaning solvent and paint residue is not created outside 
of the container that collects the used gun cleaning solvent. These gun 
cleaning methods include hand cleaning of parts, use of a fully 
enclosed spray gun washer, or a combination of these non-atomizing 
methods. Hand cleaning is considered equivalent to gun washers as long 
as the painters do not atomize cleaning solvent from the gun and the 
spent solvent is collected in a container that is closed when not in 
use. Since facilities that do not currently have an automated gun 
washer can still comply with the proposed standards by cleaning guns by 
hand, we do not expect that sources would have any annualized capital 
costs or operating costs for spray gun cleaning.
5. GACT for Control of VOHAP Emissions From Spray Painting
    We are proposing to set GACT for VOHAP emissions from spray 
painting because the CAA, in Sec.  112(k)(3)(C), provides us with the 
discretion to regulate these HAP in order to reduce the public health 
risk posed by the release of any HAP. We found that VOHAP emissions 
from painting were over 60 percent of the total HAP emissions from the 
metal fabrication and finishing area source categories in the 2002 EPA 
NEI and were over 30 times the MFHAP level. We also found that some 
facilities currently have State permits that allow them to emit high 
levels of VOHAP from their metal fabrication and finishing painting 
processes, although their actual emissions have historically been at 
lower levels. In this regard, we believe that in the time since data 
were collected for the 2002 NEI, most facilities have begun to use low-
VOC and low-VOHAP paints that were developed as a result of a shift in 
market demand due to the recent paint and coating rules for other 
sources.
    Therefore, we are proposing a spray painting VOHAP content limit of 
3.0 pound VOHAP per gallon painting solids as GACT, based on 
information received from the industry in the 2006 EPA survey and data 
acquired in previously promulgated EPA rules for other similar 
industries. A VOHAP limit will also ensure that any new sources will 
use paints that meet the same VOHAP level as the current industry 
practice. We specifically request comment on the appropriateness of 
this part of GACT for metal fabrication and finishing sources.
    The proposed GACT would require owners or operators of spray 
painting operations from affected sources that have the potential to 
emit VOHAP to use paints containing no more than 3.0 pounds VOHAP per 
gallon paint solids (0.36 kg/liter) on an annual (12-month) rolling 
average basis. We are proposing two methods of complying with this GACT 
standard. One option would require that all paints are demonstrated as 
meeting the VOHAP limit. The second option would require facilities to 
meet the VOHAP limit using a 12-month rolling weighted average. In this 
second option, some paints can be above the VOHAP limit as long as 
their use is balanced by other paints that are below the limit, such 
that the overall weighted average of all paints and their VOHAP content 
is calculated to be at or below the VOHAP limit that would be required 
by this proposed rule.
    The proposed GACT would also require owners or operators of new and 
existing spray painting operations that have the potential to emit 
VOHAP to comply with the following two management and pollution 
prevention practices: (1) Minimize VOHAP emissions during mixing, 
storage, and transfer of paints; and (2) keep paint and solvent lids 
tightly closed when not in use.
6. GACT for Welding
    Welding generates a small particle size metal fume (<5 [mu]m) that 
is visible to the human eye at high enough concentrations and which 
contains MFHAP. Because of recent OSHA rulings to reduce the worker 
exposure to hexavalent chromium, a common component of most welding 
fumes, facilities may consider ventilating their welding processes 
areas beyond the previous levels so that the welding exhaust goes 
quickly and directly into the environment. Previous to the 2006 OSHA 
rule and at a lower ventilation rate, a large portion of the welding 
fumes would have collided with equipment and interior walls and would 
not have been exhausted outside.
    The amount of MFHAP emissions from welding is dependent on a 
variety of factors including welding techniques, amount of welding 
performed, and type of metal in the product being welded. In our 
research we found that welding operations at any one facility vary from 
day to day, and from product to product. We also found that a change

[[Page 18357]]

from one type of welding process to another is not always technically 
possible for this industry as well as other similar industries. This is 
demonstrated by the fact that even at an individual facility, different 
types of welding and fume control strategies are in use. Thus, there is 
no one single method that is generally used to reduce welding fumes in 
this industry or other similar industries.
    Because heat is needed to melt the welding rod and form the welded 
joint during the welding process, moving and/or cooling high velocity 
air in the vicinity of the weld can be detrimental to its success. 
Therefore, small enclosures or vacuum systems with high exhaust rates 
close to the welding cannot be used to capture welding fumes. Another 
difficulty with local exhaust is the need to position and sometimes re-
position the capture equipment to be most effective during the welding 
process without causing more fume to enter the breathing zone of the 
worker. We studied the practices of metal fabrication and finishing 
industry as well as other industries that use welding, and determined 
that control devices are usually used only as a last resort when 
process variables and/or products dictate a high fume-forming welding 
technique.
    In addition to the technical difficulty of using add-on controls 
for welding fumes, the control devices are not cost-effective for 
control of MFHAP and would impose a significant burden on the 
facilities in the metal fabrication and finishing industry. The 
estimated costs for use of add-on control equipment for welding is 
greater than $7 million per ton of MFHAP. Therefore, based on the above 
technical and cost issues, we are not proposing that GACT is the use of 
add-on control equipment.
    Most facilities have begun to use management and pollution 
prevention techniques to reduce welding fumes, since these practices 
are the most efficient and cost-effective way to protect their workers 
and meet the OSHA standards. Because of the difficulties with using 
control equipment for welding, we propose as GACT a set of management 
practices that minimize fume generation for welding, as practicable to 
the type of welding used or needed and the type of product being 
welded. We also propose that control systems with add-on control 
devices that achieve at least 85 percent control can be used as a 
compliance option instead of the management practices, since these 
control systems provide an equivalent control of MFHAP.
    The following are the management practices we are proposing as GACT 
for welding processes in the metal fabrication and finishing 
industries:
    (a) Use low fume welding processes whenever practicable. These 
welding processes include but are not limited to: GMAW--also called 
MIG; GTAW--also called TIG; PAW; SAW; and all welding processes that do 
not use a consumable electrode.
    (b) Use shielding gases, as practicable;
    (c) Use an inert carrier gas, such as argon, as practicable to the 
type of welding used;
    (d) Use low or no-HAP welding materials and substrates as much as 
practicable;
    (e) Operate with a welding angle close to 90[deg], as practicable 
to the type of welding used and physical characteristics of the 
substrate;
    (f) Optimize electrode diameter, as practicable;
    (g) Operate with lower voltage and current, as practicable;
    (h) Use low fume wires, as practicable;
    (i) Optimize shield gas flow rate, as practicable;
    (j) Use low or optimized torch speed, as practicable; and
    (k) Use pulsed-current power supplies, as practicable.

E. How did we select the compliance requirements?

    We are proposing notification, reporting, and recordkeeping 
requirements to ensure compliance with this proposed rule. We are 
requiring an Initial Notification and Notification of Compliance 
Status. These requirements are consistent with Section 63.9(h) of the 
General Provisions of this part. For demonstrating initial compliance, 
this proposed rule would require affected facilities to certify that 
the required management practices have been implemented and that all 
equipment associated with the processes is being properly operated and 
maintained. For demonstrating continuous compliance, the proposed 
requirements include annual certifications that the management 
practices are being followed and all equipment associated with the 
processes is being properly operated and maintained. This proposed rule 
specifies recordkeeping requirements in accordance with Section 63.10 
of the General Provisions. These records are needed for EPA to 
determine compliance with specific rule requirements.
    Because MFHAP emissions from the metal fabrication and finishing 
sources are visible emissions, we are requiring visual emissions or 
opacity testing performed in a graduated schedule, from daily to weekly 
to monthly, to determine whether or not the process is in compliance 
for five of the nine standards described above: Two of the three 
process types of dry abrasive blasting (not to include dry abrasive 
blasting of objects less than or equal to 8 feet in completely enclosed 
chambers), machining, and dry grinding and dry polishing with machines, 
and welding.
    We believe that compliance with GACT using the graduated testing 
schedule for visual emissions and opacity will enable facilities with a 
low level of emissions to quickly reach a low frequency of testing 
thereby minimizing the impact of this proposed rule on lower emitting 
sources. On the other hand, facilities with higher levels of emissions 
may be required to prepare a SWMP and give careful thought to the 
pollution prevention management practices that can reduce emissions at 
their facility. The use of visual emissions or opacity testing, as 
opposed to emission testing, is a lower cost method to determine 
compliance that accommodates the different levels of activity that can 
occur from facility to facility, and from product to product and day to 
day within the same facility, so that there is not a large cost impact 
on small businesses.
    Under this proposed rule, each facility would prepare an annual 
compliance certification and keep it on site in a readily-accessible 
location. Facilities would be required to submit this annual compliance 
report only if there are any exceedences or deviations from the 
equipment and management practice requirements during the year, and 
would include these exceedence reports with their compliance report. We 
recognize that many of these facilities are small businesses; therefore 
we are requiring the submission of this annual compliance certification 
only if exceedences occur during the year so that there is not an undue 
economic burden on small businesses.
    We are proposing a 2-year period for existing facilities to achieve 
compliance. We believe the 2-year period provides sufficient time for 
facilities to identify their applicability to the rule and make any 
necessary changes to comply with the standards. All new area sources 
would be required to comply with this proposed rule on the date of 
publication of the final rule or upon startup, whichever is later.

[[Page 18358]]

F. How did we decide to exempt this area source category from title V 
permitting requirements?

    We are proposing exemption from title V permitting requirements for 
affected facilities in the metal fabrication and finishing area source 
categories for the reasons described below.
    Section 502(a) of the CAA provides that the Administrator may 
exempt an area source category from title V if he determines that 
compliance with title V requirements is ``impracticable, infeasible, or 
unnecessarily burdensome'' on an area source category. See CAA section 
502(a). In December 2005, in a national rulemaking, EPA interpreted the 
term ``unnecessarily burdensome'' in CAA section 502 and developed a 
four-factor balancing test for determining whether title V is 
unnecessarily burdensome for a particular area source category, such 
that an exemption from title V is appropriate. See 70 FR 75320, 
December 19, 2005 (``Exemption Rule'').
    The four factors that EPA identified in the Exemption Rule for 
determining whether title V is ``unnecessarily burdensome'' on a 
particular area source category include: (1) Whether title V would 
result in significant improvements to the compliance requirements, 
including monitoring, recordkeeping, and reporting that are proposed 
for an area source category (70 FR 75323); (2) whether title V 
permitting would impose significant burdens on the area source category 
and whether the burdens would be aggravated by any difficulty the 
sources may have in obtaining assistance from permitting agencies (70 
FR 75324); (3) whether the costs of title V permitting for the area 
source category would be justified, taking into consideration any 
potential gains in compliance likely to occur for such sources (70 FR 
75325); and (4) whether there are implementation and enforcement 
programs in place that are sufficient to assure compliance with the 
proposed NESHAP for the area source category, without relying on title 
V permits (70 FR 75326).
    In discussing these factors in the Exemption Rule, we further 
explained that we considered on ``a case-by-case basis the extent to 
which one or more of the four factors supported title V exemptions for 
a given source category, and then we assessed whether considered 
together those factors demonstrated that compliance with title V 
requirements would be `unnecessarily burdensome' on the category, 
consistent with section 502(a) of the Act.'' See 70 FR 75323. Thus, in 
the Exemption Rule, we explained that not all of the four factors must 
weigh in favor of exemption for EPA to determine that title V is 
unnecessarily burdensome for a particular area source category. 
Instead, the factors are to be considered in combination, and EPA 
determines whether the factors, taken together, support an exemption 
from title V for a particular source category.
    In the Exemption Rule, in addition to determining whether 
compliance with title V requirements would be unnecessarily burdensome 
on an area source category, we considered, consistent with the guidance 
provided by the legislative history of section 502(a), whether 
exempting the area source category would adversely affect public 
health, welfare or the environment. See 70 FR 15254-15255, March 25, 
2005. We have determined that the proposed exemptions from title V 
would not adversely affect public health, welfare and the environment. 
Our rationale for this decision follows here.
    In considering the proposed exemption from title V requirements for 
sources in the category affected by this proposed rule, we first 
compared the title V monitoring, recordkeeping, and reporting 
requirements (factor one) to the requirements in this proposed NESHAP 
for the metal fabrication and finishing area source categories. EPA 
determined that the management practices currently used by metal 
fabrication and finishing facilities is GACT, and this proposed rule 
would require recordkeeping, which serves as monitoring and deviation 
reporting, to assure compliance with this NESHAP. The monitoring 
component of the first factor favors title V exemption because this 
proposed standard would provide for monitoring in the form of visible 
emissions and opacity testing and recordkeeping that would assure 
compliance with the requirements of this proposed rule. This proposed 
NESHAP would also require the preparation of annual compliance 
certification reports and submission of this report if there are any 
deviations during the year, which should call attention to those 
facilities in need of supervision to the State agency in the same way 
as a title V permit. Records would be required to ensure that the 
management practices are followed, including such records as results of 
the visual emissions and opacity tests, and spray painting training of 
the employees.
    As part of the first factor, we have considered the extent to which 
title V could potentially enhance compliance for area sources covered 
by this proposed rule through recordkeeping or reporting requirements. 
We have considered the various title V recordkeeping and reporting 
requirements, including requirements for a 6-month monitoring report, 
deviation reports, and an annual certification in 40 CFR 70.6 and 71.6. 
For any affected metal fabrication and finishing facility, this 
proposed NESHAP would require an initial notification and a 
notification of compliance status. This proposed Metal Fabrication and 
Finishing NESHAP also would require affected facilities to maintain 
records showing compliance with the required equipment standard and 
management practices. The information that would be required in the 
notifications and records is similar to the information that would be 
provided in the deviation reports required under 40 CFR 70.6(a)(3) and 
40 CFR 71.6(a)(3). We acknowledge that title V might impose additional 
compliance requirements on this category, but we have determined that 
the monitoring, recordkeeping, and reporting requirements of this 
proposed NESHAP for the metal fabrication and finishing source 
categories would be sufficient to assure compliance with the provisions 
of this NESHAP, and title V would not significantly improve those 
compliance requirements.
    For the second factor, we determine whether title V permitting 
would impose a significant burden on the area sources in the category 
and whether that burden would be aggravated by any difficulty the 
source may have in obtaining assistance from the permitting agency. 
Subjecting any source to title V permitting imposes certain burdens and 
costs that do not exist outside of the title V program. EPA estimated 
that the average cost of obtaining and complying with a title V permit 
was $38,500 per source for a 5-year permit period, including fees. See 
Information Collection Request for Part 70 Operating Permit 
Regulations, January 2000, EPA ICR Number 1587.05. EPA does not have 
specific estimates for the burdens and costs of permitting the metal 
fabrication and finishing area sources; however, there are certain 
activities associated with the part 70 and 71 rules. These activities 
are mandatory and impose burdens on the facility. They include reading 
and understanding permit program guidance and regulations; obtaining 
and understanding permit application forms; answering follow-up 
questions from permitting authorities after the application is 
submitted; reviewing and

[[Page 18359]]

understanding the permit; collecting records; preparing and submitting 
monitoring reports on a 6-month or more frequent basis; preparing and 
submitting prompt deviation reports, as defined by the State, which may 
include a combination of written, verbal, and other communications 
methods; collecting information, preparing, and submitting the annual 
compliance certification; preparing applications for permit revisions 
every 5 years; and, as needed, preparing and submitting applications 
for permit revisions. In addition, although not required by the permit 
rules, many sources obtain the contractual services of consultants to 
help them understand and meet the permitting program's requirements. 
The ICR for part 70 provides additional information on the overall 
burdens and costs, as well as the relative burdens of each activity. 
Also, for a more comprehensive list of requirements imposed on part 70 
sources (hence, burden on sources), see the requirements of 40 CFR 
70.3, 70.5, 70.6, and 70.7.
    In assessing the second factor for metal fabrication and finishing 
facilities, we found that over 90 percent of the approximately 5,800 
metal fabrication and finishing facilities affected by this proposed 
rule are small businesses. These small sources lack the technical 
resources that would be needed to comply with permitting requirements 
and the financial resources that would be needed to hire the necessary 
staff or outside consultants. As discussed above, title V permitting 
would impose significant costs on these area sources, and, accordingly, 
we propose that title V would be a significant burden for sources in 
this category. More than 90 percent of the facilities that would be 
subject to this proposed rule are small businesses with limited 
resources, and under title V they would be subject to numerous 
mandatory activities with which they would have difficulty complying, 
whether they were issued a standard or a general permit. Furthermore, 
given the number of sources in the category and the relatively small 
size of many of those sources, it would likely be difficult for them to 
obtain assistance from the permitting authority. Thus, we believe that 
the second factor strongly supports the proposed title V exemption for 
metal fabrication and finishing facilities.
    The third factor, which is closely related to the second factor, is 
whether the costs of title V permitting for these area sources would be 
justified, taking into consideration any potential gains in compliance 
likely to occur for such sources. We explained for the second factor 
that the costs of compliance with title V would impose a significant 
burden on nearly all of the approximately 5,800 metal fabrication and 
finishing facilities affected by this proposed rule. We also believe in 
considering the first factor that, while title V might impose 
additional requirements, the monitoring, recordkeeping and reporting 
requirements in the proposed NESHAP would assure compliance with the 
equipment standards and management practices imposed in the NESHAP. In 
addition, in our consideration of the fourth factor, we find that there 
are adequate implementation and enforcement programs in place to assure 
compliance with the NESHAP. Because the costs, both economic and non-
economic, of compliance with title V are so high, and the potential for 
gains in compliance is low, we propose that title V permitting is not 
justified for this source category. Accordingly, the third factor 
supports the proposed title V exemptions for metal fabrication and 
finishing area sources.
    The fourth factor we considered in determining if title V is 
unnecessarily burdensome is whether there are implementation and 
enforcement programs in place that are sufficient to assure compliance 
with the NESHAP without relying on title V permits. There are State 
programs in place to enforce this area source NESHAP, and we believe 
that the State programs will be sufficient to assure compliance with 
this NESHAP. We also note that EPA retains authority to enforce this 
NESHAP anytime under CAA sections 112, 113 and 114. We further note 
that small business assistance programs required by CAA section 507 may 
be used to assist area sources that have been exempted from title V 
permitting. Also, States and EPA often conduct voluntary compliance 
assistance, outreach, and education programs (compliance assistance 
programs), which are not required by statute. These additional programs 
would supplement and enhance the success of compliance with this area 
source NESHAP. We believe that the statutory requirements for 
implementation and enforcement of this NESHAP by the delegated States 
and EPA, combined with the additional assistance programs would be 
sufficient to assure compliance with this area source NESHAP without 
relying on title V permitting.
    In applying the fourth factor in the Exemption Rule, where EPA had 
deferred action on the title V exemption for several years, we had 
enforcement data available to demonstrate that States were not only 
enforcing the provisions of the area source NESHAP that we exempted, 
but that the States were also providing compliance assistance to assure 
that the area sources were in the best position to comply with the 
NESHAP. See 70 FR 75325-75326. In proposing this rule, we do not have 
similar data available on the specific enforcement as in the Exemption 
rule, but we have no reason to think that States will be less diligent 
in enforcing this NESHAP. See 70 FR 75326. In fact, States must have 
adequate programs to enforce the section 112 regulations and provide 
assurances that they will enforce all NESHAP before EPA will delegate 
the program. See 40 CFR part 63, General Provisions, subpart E.
    In light of all the information presented here, we believe that 
there are implementation and enforcement programs in place that are 
sufficient to assure compliance with the Metal Fabrication and 
Finishing NESHAP without relying on title V permitting. Balancing the 
four factors for this area source category strongly supports the 
proposed finding that title V is unnecessarily burdensome. While title 
V might add additional compliance requirements if imposed, we believe 
that there would not be significant improvements to the compliance 
requirements in the NESHAP because the requirements in this proposed 
rule are specifically designed to assure compliance with the standards 
and management practices imposed on this area source category.
    We further maintain that the economic and non-economic costs of 
compliance with title V, in conjunction with the likely difficulty this 
number of small sources would have obtaining assistance from the 
permitting authority, would impose a significant burden on the sources. 
In addition, the high relative costs would not be justified given that 
there is likely to be little or no potential gain in compliance if 
title V were required. And, finally, there are adequate implementation 
and enforcement programs in place to assure compliance with the NESHAP. 
Thus, we propose that title V permitting is ``unnecessarily 
burdensome'' for the metal fabrication and finishing area source 
categories.
    In addition to evaluating whether compliance with title V 
requirements is ``unnecessarily burdensome,'' EPA also considered, 
consistent with guidance provided by the legislative history of section 
502(a), whether exempting the metal fabrication and finishing area 
source categories from title V requirements would adversely affect 
public health, welfare, or the environment. Exemption of the metal

[[Page 18360]]

fabrication and finishing area source categories from title V 
requirements would not adversely affect public health, welfare, or the 
environment because the level of control would remain the same if a 
permit were required. The title V permit program does not impose new 
substantive air quality control requirements on sources, but instead 
requires that certain procedural measures be followed, particularly 
with respect to determining compliance with applicable requirements. As 
stated in our consideration of factor one for this category, title V 
would not lead to significant improvements in the compliance 
requirements applicable to existing or new area sources.
    Furthermore, one of the primary purposes of the title V permitting 
program is to clarify, in a single document, the various and sometimes 
complex regulations that apply to sources in order to improve 
understanding of these requirements and to help sources achieve 
compliance with the requirements. In this case, however, we do not 
believe that a title V permit is necessary to understand the 
requirements applicable to these area sources. We also have no reason 
to think that new sources would be substantially different from the 
existing sources. In addition, we explained in the Exemption Rule that 
requiring permits for the large number of area sources could, at least 
in the first few years of implementation, potentially adversely affect 
public health, welfare, or the environment by shifting State agency 
resources away from assuring compliance for major sources with existing 
permits to issuing new permits for these area sources, potentially 
reducing overall air program effectiveness. Based on this analysis, we 
believe that title V exemptions for metal fabrication and finishing 
area sources would not adversely affect public health, welfare, or the 
environment for all of the reasons previously explained.
    For the reasons stated here, we are proposing to exempt the metal 
fabrication and finishing area source categories from title V 
permitting requirements.

V. Impacts of the Proposed Standards

A. What are the air impacts?

    Since 1990, the metal fabrication and finishing industry has 
reduced their air impacts by voluntary controls that were likely 
motivated by concerns for worker safety. These controls would have 
reduced approximately 122 tons of the MFHAP (cadmium, chromium, lead, 
manganese, and nickel) attributed to this industry in the 1990 urban 
HAP inventory. Although there are no additional air emission reductions 
as a result of this proposed rule, we believe that this proposed rule 
will assure that the emission reductions made by the industry since 
1990 will be maintained.
    Along with the HAP described above, there is an undetermined amount 
of VOHAP and PM that has been co-controlled in the metal fabrication 
and finishing processes that contributed to criteria pollutant 
emissions in 1990.

B. What are the cost impacts?

    For all metal fabrication and finishing processes except painting, 
all facilities are expected to be achieving the level of control 
required by the proposed standard. Therefore, no additional air 
pollution control devices or systems would be required. No capital 
costs are associated with this proposed rule, and no operational and 
maintenance costs are expected because facilities are already following 
the manufacturer's instructions for operation and maintenance of 
pollution control devices and systems. Many of the management practices 
required by this proposed rule are pollution prevention and have the 
co-benefit to provide a cost savings for facilities.
    The annual cost of monitoring, reporting, and recordkeeping for 
this proposed rule is estimated at approximately $735 per facility per 
year after the first year with an additional $385 per facility for one-
time costs in the first year. While most of these facilities are small, 
the costs are expected to be approximately 0.01 percent of revenues.
    The annual estimate includes 2 hours per facility per year for 
preparing annual compliance reports. The annual estimate also includes 
an industry-wide average of 13 hours a year per facility for visible 
emissions monitoring of two buildings or sources. Although it is 
possible that some facilities would initially be required by this 
proposed rule to perform daily visual emissions or opacity testing, the 
graduated compliance test schedule of this proposed rule allows for 
decrease in frequency to once a month if visible emissions are not 
found. This monitoring schedule is reflected in our estimate.
    In the above estimated annual costs, we have included approximately 
11,600 labor-hours among the 5,800 sources for exceedence reports and 
preparation of a SWMP. This estimate assumes that 80 percent of the 
facilities (4,640 facilities) will have no exceedences; 15 percent (870 
facilities) will have one exceedence per year; 4 percent (232 
facilities) will have two exceedences per year; and 1 percent (58 
facilities) will have three exceedences per year and need to prepare an 
initial SWMP. The labor hours estimated for each exceedence report is 2 
hours, 16 hours are estimated for preparation of the SWMP, and 0.25 
hours for recording a test result. For subsequent years, facilities 
with a SWMP will only need to update their SWMP.
    The above analysis shows that we expect that the maximum number of 
exceedences per year for any facility would be three exceedences. 
According to the monitoring requirements for welding sources, which are 
the only metal fabrication and finishing sources that are not required 
to use add-on control devices, the second exceedence in any one year 
requires the facility to perform an EPA Method 9 opacity test to 
determine whether the exhaust from the process or building is less than 
or greater than 20 percent opacity. If the EPA Method 9 test shows an 
opacity greater than 20 percent, the facility would be required to 
prepare a SWMP to address the emission control strategy that the 
facility is planning for the future to minimize PM emissions from the 
process. We expect that the requirement to prepare a SWMP will cause 
the facility to initiate changes in the facility's management practices 
or use of add-on control equipment such that the facility will 
subsequently be able to meet the opacity or visible emission 
requirements in this proposed rule. Therefore, we expect no further 
exceedences by the facilities after being required to prepare a SWMP. 
We specifically invite comment on these assumptions for the proposed 
rule.
    The total number of labor hours included in this annual cost 
estimate includes 2 hours for preparation of the Initial Notification 
in the first year; 4 hours for preparation of the Notification of 
Compliance Status in the first year, and 2 hours for preparing the 
Annual Compliance Certification at the end of the year, for an 
industry-wide average estimate of 24 hours per facility in the first 
year, which include the 13 hours per facility for monitoring. In the 
second year, the estimated industry-wide average labor hours per 
facility falls to 18 hours, of which 13 hours are due to monitoring.
    We estimate that the proposed standards for spray painting VOHAP 
content will have no net annual cost to spray painting operations. The 
cost of lower VOHAP content paints has been reduced since the market 
for these paints has increased due to other paint and coating rules 
promulgated by EPA. Therefore, there is no additional cost

[[Page 18361]]

estimated for lower VOHAP content paints required by this proposed 
rule.
    We estimate that the proposed standards for spray painting will 
have no net annual cost to spray painting operations. The initial cost 
of complying with these proposed standards would be off-set and 
recovered over time by cost savings as a result of more efficient use 
of labor and materials by surface coating operations. The initial costs 
for surface coating operations may include purchase of improved spray 
booth filters, automated enclosed gun washers, HVLP spray guns, and 
painter training, if needed to comply with the proposed standards. 
However, spray painting processes are already required by OSHA 
standards to perform spray painting in a spray booth or similar 
enclosure, so theses costs would not be attributed to these proposed 
standards. Therefore, we have not estimated costs required to install 
spray booths to comply with the proposed standards. We specifically 
request comment on the appropriateness of this assumption for the metal 
fabrication and finishing industries.
    The proposed standards specify that certain types of filters have 
to be used on the spray booth exhaust to minimize MFHAP emissions, and 
these filters are not addressed by OSHA standards. Some spray painting 
facilities may need to replace their current filters for ones with 
higher control efficiency, but the higher efficiency filters are 
readily available and will not result in any additional cost.
    This proposed rule also would require all affected new and existing 
facilities to perform their paint spray gun cleaning operations such 
that gun cleaning solvent and paint residue is not created outside of 
the container and used gun cleaning solvent is collected. These gun 
cleaning methods include hand cleaning of parts, use of a fully 
enclosed spray gun washer, or a combination of these non-atomizing 
methods. Hand cleaning is considered equivalent to gun washers as long 
as the painters do not atomize cleaning solvent from the gun and the 
spent solvent is collected in a container that is closed when not in 
use. Since facilities that do not currently have an automated gun 
washer can still comply with the proposed standards by cleaning guns by 
hand, we do not expect that sources would have any annualized capital 
costs or operating costs for spray gun cleaning. We specifically 
request comment on this assumption.
    If spray gun washers are used, the annual costs for these washers 
would be offset by the reduced labor to clean spray guns and reduced 
costs for cleaning solvent purchase and disposal. Spray gun washers are 
automated so that after loading the spray gun in the washer, the 
painters can perform other tasks while the spray guns are being 
cleaned. Automated spray gun washers are also capable of re-using 
solvent for gun cleaning to minimize solvent consumption and waste 
disposal.
    This proposed rule also requires that facilities certify that their 
painters have knowledge of the proper use of HVLP or equivalent 
equipment. However, facilities can show that a painter's work 
experience and/or training have resulted in equivalent training and, 
therefore, would not be necessarily required to provide training at an 
external location for these painters. In addition, this proposed rule 
permits facilities to perform hands-on or in-house training to meet the 
training requirements. Therefore, we believe that painter training 
costs would have a low impact on the affected facilities. The following 
discussion summarizes and further illustrates this point.
    First, many facilities already send their painters to training 
sponsored by paint companies and trade organizations. Paint companies 
sponsor painter training so that the paint company can reduce warranty 
claims on their paint products. These training courses already cover 
much of the same material required by this proposed rule. Therefore, 
this proposed rule would not impose new training costs on these 
facilities that already participate in training. Second, facilities may 
perform training ``in-house'' or show that a painter's work experience 
and/or training have resulted in equivalent training and, therefore, 
would not be required to provide training at an external location for 
these painters. Third, the estimated training cost could be offset by 
reduced coating costs if the training results in reduced coating 
consumption. Data from the STAR[supreg] program indicate that painters 
who complete this training can decrease the amount of coating sprayed 
by about 20 percent per job. We estimate that if a typical facility 
reduced their coating consumption and costs by about 4 percent per 
year, the cost savings would equalize the increased cost of training 
after 1 year, and there would be no net cost in training. To recover 
the cost of training over 5 years, a typical facility would need to 
reduce their coating consumption by slightly less than 1 percent. 
Fourth, all painting in the metal fabrication and finishing industries 
is not done by spraying. Many metal fabrication and finishing 
facilities perform painting by dip painting or other coating techniques 
that are not subject to the spray painting standards of this proposed 
rule. Therefore, spray painting training impacts would be lower than 
that estimated based on typical assumptions of the number of spray 
painters per facility. In summary, EPA estimates that the proposed 
requirements for surface coating operations would not result in any net 
increase in annual or capital costs from the control requirements for 
surface coating operations. We specifically request comment on this 
aspect of this proposed rule.
    Information on our cost impact estimates on the sources is 
available in the docket for this proposed rule. (See Docket Number EPA-
HQ-OAR-2006-0306).

C. What are the economic impacts?

    The only measurable costs attributable to these proposed standards 
are associated with the monitoring, recordkeeping, and reporting 
requirements. These proposed standards are estimated to impact a total 
of 5,800 area source facilities. We estimate that over 5,300 of these 
facilities are small entities. Our analysis indicates that this 
proposed rule would not impose a significant adverse impact on any 
facilities, large or small since these costs are approximately 0.01 
percent of revenues.

D. What are the non-air health, environmental, and energy impacts?

    No detrimental secondary impacts are expected to occur from the 
non-painting sources because all facilities are currently achieving the 
GACT level of control. No facilities would be required to install and 
operate new or additional control devices or systems, or install and 
operate monitoring devices or systems. No additional solid waste would 
be generated as a result of the PM emissions collected and there are no 
additional energy impacts associated with operation of control devices 
or monitoring systems for the non-painting sources.
    We expect no increase in generation of wastewater or other water 
quality impacts. None of the control measures considered for this 
proposed rule generates a wastewater stream. The installation of spray 
booths and enclosed gun washers, and increased worker training in the 
proper use and handling of coating materials should reduce worker 
exposure to harmful chemicals in the workplace. This should have a 
positive benefit on worker health, but this benefit cannot be 
quantified in the scope of this rulemaking.

[[Page 18362]]

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under the Executive Order.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. The information collection request (ICR) 
document prepared by EPA has been assigned EPA ICR number 2298.01.
    The recordkeeping and reporting requirements in this proposed rule 
are based on the requirements in EPA's NESHAP General Provisions (40 
CFR part 63, subpart A). The recordkeeping and reporting requirements 
in the General Provisions are mandatory pursuant to section 114 of the 
CAA (42 U.S.C. 7414). All information other than emissions data 
submitted to EPA pursuant to the information collection requirements 
for which a claim of confidentiality is made is safeguarded according 
to CAA section 114(c) and the Agency's implementing regulations at 40 
CFR part 2, subpart B.
    This proposed NESHAP would require metal fabrication and finishing 
area sources to submit an Initial Notification and a Notification of 
Compliance Status according to the requirements in 40 CFR 63.9 of the 
General Provisions (subpart A). Records would be required to 
demonstrate compliance with operation and maintenance of capture and 
control devices, VOHAP content of paints, and other management 
practices. The owner or operator of a metal fabrication and finishing 
facility also is subject to notification and recordkeeping requirements 
in 40 CFR 63.9 and 63.10 of the General Provisions (subpart A). Annual 
compliance certifications and annual exceedence reports would be 
required instead of the semiannual excess emissions reports required by 
the NESHAP General Provisions.
    The annual burden for this information collection averaged over the 
first three years of this ICR is estimated to be a total of 35,268 
labor hours per year at a cost of $1.1 million or approximately $580 
per facility. The average annual reporting burden is six hours per 
response, with approximately three responses per facility for 1,933 
respondents. The only costs attributable to these proposed standards 
are associated with the monitoring, recordkeeping, and reporting 
requirements. There are no capital, operating, maintenance, or purchase 
of services costs expected as a result of this proposed rule.
    Although it is possible that some facilities would initially be 
required by this proposed rule to record the results of daily visual 
emissions or opacity testing, the graduated compliance test schedule of 
this proposed rule allows for decrease in frequency to once a month if 
emissions are not found. Also, the requirement for preparation of a 
SWMP is expected to result in a maximum of three exceedences from 1 
percent (58) of the facilities because of the pollution prevention 
focus of the SWMP. Burden is defined at 5 CFR 1320.3(b).
    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 in 40 CFR part 63 are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy 
of the provided burden estimates, and any suggested methods for 
minimizing respondent burden, including the use of automated collection 
techniques, EPA has established a public docket for this action, which 
includes this ICR, under Docket ID number EPA-HQ-OAR-2006-0306. Submit 
any comments related to the ICR for this proposed rule to EPA and OMB. 
See ADDRESSES section at the beginning of this notice for where to 
submit comments to EPA. Send comments to OMB at the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for 
EPA. Since OMB is required to make a decision concerning the ICR 
between 30 and 60 days after April 3, 2008, a comment to OMB is best 
assured of having its full effect if OMB receives it by May 5, 2008. 
The final rule will respond to any OMB or public comments on the 
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act generally requires an agency to 
prepare a regulatory flexibility analysis of any rule subject to notice 
and comment rulemaking requirements under the Administrative Procedure 
Act or any other statute unless the agency certifies that the rule 
would not have a significant economic impact on a substantial number of 
small entities. Small entities include small businesses, small not-for-
profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this proposed rule on 
small entities, small entity is defined as: (1) A small business that 
meets the Small Business Administration size standards for small 
businesses, as defined by the Small Business Administration's (SBA) 
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district, or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise which is 
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This 
proposed rule is estimated to impact a total of 5,800 area source metal 
fabrication and finishing facilities; over 5,300 of these facilities 
are estimated to be small entities. We have determined that small 
entity compliance costs, as assessed by the facilities' cost-to-sales 
ratio, are expected to be less than 0.01 percent. The analysis also 
shows that none of the small entities would incur economic impacts 
exceeding three percent of its revenue. Although this proposed rule 
contains requirements for new area sources, we are not aware of any new 
area sources being constructed now or planned in the next three years, 
and consequently, we did not estimate any impacts for new sources.
    Although this proposed rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this proposed rule on small entities. The 
standards represent practices and controls that are common throughout 
the sources engaged in metal fabrication and finishing. The standards 
also require minimal amount of recordkeeping and reporting needed to 
demonstrate and verify compliance. These standards were developed based 
on information obtained from small businesses in our surveys, 
consultation with small business representatives on the State and 
national level, and industry representatives that are affiliated with 
small businesses.
    We continue to be interested in the potential impacts of this 
proposed action on small entities and welcome comments on issues 
related to such impacts.

[[Page 18363]]

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 by State, local, and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
one 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.
    EPA has determined that this proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any one year. This proposed rule is not expected to 
impact State, local, or tribal governments. Thus, this proposed rule is 
not subject to the requirements of sections 202 and 205 of the UMRA. 
EPA has determined that this proposed rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. This proposed rule contains no requirements that apply to 
such governments, and impose no obligations upon them. Therefore, this 
proposed rule is not subject to section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA 
to develop an accountable process to ensure ``meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have federalism implications.'' ``Policies that have 
federalism implications'' is 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.''
    This proposed 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. This proposed rule does not 
impose any requirements on State and local governments. Thus, Executive 
Order 13132 does not apply to this proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on this proposed rule 
from State and local officials.

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

    Executive Order 13175 (65 FR 67249, November 6, 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.'' This proposed rule does not have 
tribal implications, as specified in Executive Order 13175. This 
proposed rule imposes no requirements on tribal governments. Thus, 
Executive Order 13175 does not apply to this rule. EPA specifically 
solicits additional comment on this proposed rule from tribal 
officials.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern health or safety 
risks, such that the analysis required under section 5-501 of the Order 
has the potential to influence the regulation. This action is not 
subject to Executive Order 13045 because it is based solely on 
technology performance.

H. Executive Order 13211 (Energy Effects)

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

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards (VCS) in its 
regulatory activities unless to do so would be inconsistent with 
applicable law or otherwise impractical. Voluntary consensus standards 
are technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by voluntary consensus standards bodies. NTTAA directs EPA to 
provide Congress, through OMB, explanations when the Agency decides not 
to use available and applicable voluntary consensus standards.
    This proposed rulemaking involves technical standards. Therefore, 
the Agency conducted a search to identify potentially applicable VCS. 
However, we identified no such standards, and none were brought to our 
attention in comments. Therefore, EPA has decided to use EPA Methods 24 
and 311 in this proposed rule. In addition, we are proposing to use 
ASHRAE Method 52.1, ``Gravimetric and Dust-Spot Procedures for Testing 
Air-Cleaning Devices Used in General Ventilation for Removing 
Particulate Matter, June 4, 1992,'' to measure paint booth filter 
efficiency and to measure the control efficiency of paint overspray 
arrestors with spray-applied paintings. This method will enable owner/
operators to determine their facility's compliance with the spray booth 
filter requirement of this proposed rule.
    We are also proposing to use two methods from the California South 
Coast Air Quality Management District: ``Spray Equipment Transfer 
Efficiency Test Procedure For Equipment User, May 24, 1989,'' and 
``Guidelines for Demonstrating Equivalency with District Approved 
Transfer Efficient Spray Guns, September 26, 2002,'' as methods to 
demonstrate the equivalency of spray gun transfer efficiency for spray

[[Page 18364]]

guns that do not meet the definition of HVLP, airless spray, or 
electrostatic spray. These methods will enable owner/operators to 
determine their facility's compliance with the HVLP requirement of this 
proposed rule.
    We also cite in this proposed rule three ASTM methods: ASTM Method 
D2697-03, ``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,'' for determining 
the volume fraction of paint solids; and ASTM D1475-98, ``Standard Test 
Method for Density of Liquid Coatings, Inks, and Related Products,'' 
for determining the average density of volatile matter in the spray 
paints and coatings.
    In addition to the VCS already cited in this proposed rule, EPA 
Method 24 and 311 already incorporate VCS. The EPA Method 311 is a 
compilation of five VCS: ASTM D1979-91, ASTM D3432-89, ASTM D4747-87, 
ASTM D4827-93, and ASTM PS 9-94. The EPA Method 24 incorporates six 
VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-96a, ASTM 
D4457-85 (Reapproved 1991), and ASTM D5403-93.
    EPA welcomes comments on this aspect of the proposed rulemaking 
and, specifically, invites the public to identify potentially-
applicable voluntary consensus standards and to explain why such 
standards should be used in this regulation.
    Under Sec.  63.7(f) and Sec.  63.8(f) of subpart A of the General 
Provisions, a source may apply to EPA for permission to use alternative 
test methods or alternative monitoring requirements in place of any 
required testing methods, performance specifications, or procedures.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental protection for all affected populations without 
having any disproportionately high and adverse human health or 
environmental effects on any population, including any minority or low-
income population. The nationwide standards would reduce HAP emissions 
and thus decrease the amount of emissions to which all affected 
populations are exposed.

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Hazardous 
substances, Incorporations by reference, Reporting and recordkeeping 
requirements.

    Dated: March 20, 2008.
Stephen L. Johnson,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I of the 
Code of Federal Regulations is proposed to be amended as follows:

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

    2. Section 63.14 is amended by revising paragraphs (b)(25) and 
(26), (d)(7) and (8), and (l)(1); and adding new paragraph (b)(66) to 
read as follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (b) * * *
    (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), 63.5160(c), and 63.11516(e)(3)(ii)(A).
    (26) ASTM D1475-98, 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), 63.4551(c), 63.11516(e)(3)(iii), 63.11516(e)(3)(iv), 
63.11516(e)(4)(iii), and 63.11516(e)(4)(iv).
* * * * *
    (66) ASTM D2697-03, Standard Test Method for Volume Nonvolatile 
Matter in Clear or Pigmented Coatings, IBR approved for Sec.  
63.11516(e)(3)(ii)(A).
* * * * *
    (d) * * *
    (7) California South Coast Air Quality Management District's 
``Spray Equipment Transfer Efficiency Test Procedure for Equipment 
User, May 24, 1989,'' IBR approved for Sec.  63.11173(e)(3) and Sec.  
63.11516(d)(2) of subpart XXXXXX of this part.
    (8) California South Coast Air Quality Management District's 
``Guidelines for Demonstrating Equivalency with District Approved 
Transfer Efficient Spray Guns, September 26, 2002,'' IBR approved for 
Sec. Sec.  63.11173(e) and 63.11516(d)(2).
* * * * *
    (l) * * *
    (1) American Society of Heating, Refrigerating, and Air 
Conditioning Engineers Method 52.1, ``Gravimetric and Dust-Spot 
Procedures for Testing Air-Cleaning Devices Used in General Ventilation 
for Removing Particulate Matter, June 4, 1992,'' IBR approved for 
Sec. Sec.  63.11173(e)(2)(i) and 63.11516(d)(1)(ii).
* * * * *
    3. Part 63 is amended by adding subpart XXXXXX consisting of 
Sec. Sec.  63.11514 through 63.11523 and tables 1 through 4 to read as 
follows:
Subpart XXXXXX--National Emission Standards for Hazardous Air 
Pollutants Area Source Standards for 9 Metal Fabrication and Finishing 
Source Categories Applicability and Compliance Dates
Sec.
63.11514 Am I subject to this subpart?
63.11515 What are my compliance dates?

Standards and Compliance Requirements

63.11516 What are my standards and management practices?
63.11517 What are my monitoring requirements?
63.11518 [Reserved]
63.11519 What are my notification, recordkeeping, and reporting 
requirements?
63.11520 [Reserved]

Other Requirements and Information

63.11521 Who implements and enforces this subpart?
63.11522 What definitions apply to this subpart?
63.11523 What General Provisions sections apply to this subpart?

Tables to Subpart XXXXXX

Table 1 to Subpart XXXXXX of Part 63--Description of Source 
Categories Affected by This Subpart
Table 2 to Subpart XXXXXX of Part 63--Default Organic HAP Mass 
Fraction for Solvents and Solvent Blends

[[Page 18365]]

Table 3 to Subpart XXXXXX of Part 63--Default Organic HAP Mass 
Fraction for Petroleum Solvent Groups
Table 4 to Subpart XXXXXX of Part 63--Applicability of General 
Provisions to Metal Fabrication or Finishing Area Sources

Subpart XXXXXX--National Emission Standards for Hazardous Air 
Pollutants Area Source Standards for 9 Metal Fabrication and 
Finishing Source Categories Applicability and Compliance Dates


Sec.  63.11514  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate an area 
source of metal fabrication or finishing metal HAP (MFHAP), defined to 
be the compounds of cadmium, chromium, lead, manganese, and nickel, or 
a source of volatile organic HAP (VOHAP) from spray painting 
operations, which performs metal fabrication or finishing operations in 
one of the following nine source categories listed in paragraphs (a)(1) 
through (9) of this section. Descriptions of these source categories 
are shown in Table 1 of this subpart.
    (1) Electrical and Electronic Equipment Finishing Operations;
    (2) Fabricated Metal Products;
    (3) Fabricated Plate Work (Boiler Shops);
    (4) Fabricated Structural Metal Manufacturing;
    (5) Heating Equipment, except Electric;
    (6) Industrial Machinery and Equipment: Finishing Operations;
    (7) Iron and Steel Forging;
    (8) Primary Metal Products Manufacturing; and
    (9) Valves and Pipe Fittings.
    (b) The provisions of this subpart apply to each new and existing 
affected source listed and defined in paragraphs (b)(1) through (5) of 
this section at all times.
    (1) A dry abrasive blasting metal fabrication or finishing affected 
source is the collection of all equipment and activities necessary to 
perform dry abrasive blasting operations, which use MFHAP or perform 
metal fabrication or finishing operations that have the potential to 
emit MFHAP.
    (2) A machining metal fabrication or finishing affected source is 
the collection of all equipment and activities necessary to perform 
machining metal fabrication or finishing operations which use MFHAP or 
perform metal fabrication or finishing operations that have the 
potential to emit MFHAP.
    (3) A dry grinding and dry polishing with machines metal 
fabrication or finishing affected source is the collection of all 
equipment and activities necessary to perform dry grinding and dry 
polishing with machines metal fabrication or finishing operations which 
use MFHAP or perform metal fabrication or finishing operations that 
have the potential to emit MFHAP.
    (4) A spray painting metal fabrication or finishing affected source 
is the collection of all equipment and activities necessary to perform 
spray-applied painting operations on metal substrates using paints 
which contain VOHAP or MFHAP. A spray painting metal fabrication or 
finishing affected source includes all equipment used to apply cleaning 
materials to a substrate to prepare it for paint application (surface 
preparation) or to remove dried paint; to apply a paint to a substrate 
(paint application) and to dry or cure the paint after application; or 
to clean paint operation equipment (equipment cleaning). If you are 
subject to the provisions of this subpart, you are not subject to the 
provisions of subpart HHHHHH of this part, National Emission Standards 
for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources, for affected source(s) subject to 
the requirements of paragraphs (b)(1) through (5) of this section.
    (5) A welding metal fabrication or finishing affected source is the 
collection of all equipment and activities necessary to perform welding 
operations which use MFHAP, or perform metal fabrication or finishing 
operations that have the potential to emit MFHAP.
    (c) An affected source is existing if you commenced construction or 
reconstruction of the affected source, as defined in Sec.  63.2, 
``General Provisions'' to part 63, before April 3, 2008.
    (d) An affected source is new if you commenced construction or 
reconstruction of the affected source, as defined in Sec.  63.2, 
``General Provisions'' to part 63, on or after April 3, 2008.
    (e) This subpart does not apply to research or laboratory 
facilities, as defined in section 112(c)(7) of the Clean Air Act (CAA).
    (f) This subpart does not apply to tool or equipment repair 
operations, or facility maintenance as defined in Sec.  63.11522, 
``Definitions.''
    (g) You are exempt from the obligation to obtain a permit under 40 
CFR part 70 or 40 CFR part 71, provided you are not otherwise required 
by law to obtain a permit under 40 CFR 70.3(a) or 40 CFR 71.3(a). 
Notwithstanding the previous sentence, you must continue to comply with 
the provisions of this subpart.


Sec.  63.11515  What are my compliance dates?

    (a) If you own or operate an existing affected source, you must 
achieve compliance with the applicable provisions in this subpart 
within two years of the date of publication of the final rule in the 
Federal Register, except for spray painter training required by Sec.  
63.11516(d)(8), ``Standards for control of MFHAP in spray painting.''
    (b) If you start up a new affected source after the date of 
publication of the final rule in the Federal Register, you must achieve 
compliance with the provisions in this subpart upon startup of your 
affected source.

Standards and Compliance Requirements


Sec.  63. 11516  What are my standards and management practices?

    (a) Dry abrasive blasting metal fabrication or finishing standards. 
If you own or operate a new or existing dry abrasive blasting metal 
fabrication or finishing affected source you must comply with the 
requirements in paragraphs (a)(1) through (3) of this section, as 
applicable.
    (1) Standards for dry abrasive blasting of objects less than or 
equal to 8 feet in any one dimension, performed in totally enclosed and 
unvented blast chambers. If you own or operate a new or existing dry 
abrasive blasting metal fabrication or finishing affected source which 
consists of an abrasive blasting chamber that is totally enclosed and 
unvented, as defined in Sec.  63.11522, ``Definitions,'' you must 
implement management practices to minimize emissions of MFHAP. These 
management practices are the practices specified in paragraph (a)(1)(i) 
of this section. You must demonstrate that management practices are 
being implemented by complying with the requirements in paragraphs 
(a)(1)(ii) through (iv) of this section.
    (i) Management practices for totally enclosed and unvented abrasive 
blasting chamber affected sources are to:
    (A) Minimize dust generation during emptying of abrasive blasting 
enclosures; and
    (B) Operate all equipment associated with dry abrasive blasting 
operations according to the manufacturer's instructions.
    (ii) You must perform visual determinations of fugitive emissions 
as specified in Sec.  63.11517(b), ``Monitoring Requirements,'' in 
close proximity to the total enclosed and unvented dry abrasive 
blasting chamber.

[[Page 18366]]

    (iii) You must keep a record of all visual determinations of 
fugitive emissions along with any corrective actions taken in 
accordance with the requirements in Sec.  63.11519(c)(2), 
``Notification, recordkeeping, and reporting requirements.''
    (iv) If visible fugitive emissions are detected, you must comply 
with the requirements in paragraphs (a)(1)(iv)(A) and (B) of this 
section.
    (A) Perform corrective actions as needed until the visible 
emissions are eliminated, at which time you must perform a follow-up 
inspection for visible emissions in accordance with Sec.  63.11517(a), 
``Monitoring Requirements.'' Corrective actions include, but are not 
limited to, inspection and repositioning of the blasting chamber, 
adjusting the blasting mechanism, and repairing leaks.
    (B) Report all instances when visible emissions are detected, along 
with the corrective actions taken and the results of subsequent follow-
up determinations for visible emissions, along with your annual 
compliance report, as required by Sec.  63.11519(b)(5), ``Notification, 
recordkeeping, reporting requirements.''
    (2) Standards for dry abrasive blasting of objects less than or 
equal to 8 feet in any one dimension, performed in vented enclosures. 
If you own or operate a new or existing dry abrasive blasting metal 
fabrication or finishing affected source which consists of a dry 
abrasive blasting operation which has a vent allowing any air or blast 
material to escape, you must comply with the requirements in paragraphs 
(a)(2)(i) through (v) of this section. As an alternative, dry abrasive 
blasting operations for which the items to be blasted exceed 8 feet 
(2.4 meters) in any dimension, may be performed outdoors, subject to 
the requirements in paragraph (a)(3) of this section.
    (i) You must capture emissions and vent them to a filtration 
control device. You must demonstrate compliance with this requirement 
by maintaining a record of the manufacturer's specifications for the 
capture and control devices, as specified by the requirements in Sec.  
63.11519(c)(4), ``Notification, recordkeeping, and reporting 
requirements.'' If you control emissions with a device other than a 
filtration device, you must establish that the alternate control device 
is at least equivalent, according to Sec.  63.6(g) of the ``General 
Provisions'' to part 63.
    (ii) You must implement the management practices to minimize 
emissions of MFHAP as specified in paragraphs (a)(2)(ii)(A) through (C) 
of this section.
    (A) You must keep work areas free of excess MFHAP material by 
sweeping or vacuuming dust once per day, once per shift, or once per 
operation, as needed depending on the severity of dust generation; and
    (B) You must enclose dusty material storage areas and holding bins, 
seal chutes and conveyors; and
    (C) You must operate all equipment associated with dry abrasive 
blasting operations according to manufacturer's instructions.
    (iii) To demonstrate that management practices are being 
implemented, you must perform visual determinations of fugitive 
emissions as specified in Sec.  63.11517(b), ``Monitoring 
Requirements,'' at the outlet of the vent or stack to which the dry 
abrasive blasting operation and any control system are vented.
    (iv) You must keep a record of all visual determinations of 
fugitive emissions along with any corrective action taken in accordance 
with the requirements in Sec.  63.11519(c)(2), ``Notification, 
recordkeeping, and reporting requirements.''
    (v) If visible fugitive emissions are detected, perform corrective 
actions as needed until the visible fugitive emissions are eliminated, 
at which time you must comply with the requirements in paragraphs 
(a)(2)(v)(A) and (B) of this section.
    (A) Perform a follow-up inspection for visible fugitive emissions 
in accordance with Sec.  63.11517(a), ``Monitoring Requirements.'' 
Corrective actions include, but are not limited to, inspecting and 
replacing filters; and inspecting, repairing, and/or correcting 
enclosure and exhaust air flow, so that the enclosure air is directed 
into the filtration device.
    (B) Report all instances where visible emissions are detected, 
along with any corrective action taken and the results of subsequent 
follow-up inspections for visible emissions, along with your annual 
compliance report, as required by Sec.  63.11519(b)(5), ``Notification, 
recordkeeping, and reporting requirements.''
    (3) Standards for dry abrasive blasting of objects greater than 8 
feet in any one dimension. If you own or operate a new or existing dry 
abrasive blasting metal fabrication or finishing affected source which 
consists of a dry abrasive blasting operation which is performed 
outdoors, you must implement management practices to minimize emissions 
of MFHAP as specified in paragraph (a)(3)(i) of this section. You must 
demonstrate that management practices are being implemented by 
complying with the requirements in paragraphs (a)(3)(ii) through (iv) 
of this section.
    (i) Management practices for outdoor dry abrasive blasting metal 
fabrication or finishing affected sources are the practices specified 
in paragraphs (a)(3)(i)(A) through (G) of this section.
    (A) Keep work areas free of excess MFHAP material by sweeping or 
vacuuming dust once per day, once per shift, or once per operation, as 
needed depending on the severity of dust generation; and
    (B) Enclose dusty material storage areas and holding bins, seal 
chutes and conveyors; and
    (C) Operate all equipment associated with dry abrasive blasting 
operations according to manufacturer's instructions; and
    (D) No dry abrasive blasting shall be performed during a wind 
event, as defined in Sec.  63.11522, ``Definitions;'' and
    (E) No dry abrasive blasting shall be performed on substrates 
having paints containing lead (greater than 0.1 percent lead) unless 
enclosures or barriers are employed, or similar precautions are taken 
to collect the lead-bearing emissions or prevent them from being 
dispersed; and
    (F) Dry abrasive blasting media shall not be re-used unless 
contaminants (i.e., any material other than the base metal, such as 
paint residue) have been removed by filtration or screening, and the 
abrasive material conforms to its original size; and
    (G) Whenever practicable, switch from high particulate matter (PM)-
emitting blast media (e.g., sand) to low PM-emitting blast media (e.g., 
steel shot, aluminum oxide.), where PM is a surrogate for MFHAP.
    (ii) You must perform visual determinations of fugitive emissions, 
as specified in Sec.  63.11517(b), ``Monitoring Requirements,'' at the 
fenceline or property border nearest to the outdoor dry abrasive 
blasting operation.
    (iii) Keep a record of all visual determinations of fugitive 
emissions along with any corrective action taken in accordance with the 
requirements in Sec.  63.11519(c)(2), ``Notification, recordkeeping, 
and reporting requirements.''
    (iv) If visible fugitive emissions are detected, perform corrective 
actions until the visible fugitive emissions are eliminated, at which 
time you must comply with the requirements in paragraphs (a)(3)(iv)(A) 
and (B) of this section.
    (A) Perform a follow-up inspection for visible fugitive emissions 
in accordance with Sec.  63.11517(a), ``Monitoring Requirements.''
    (B) Report all instances where visible emissions are detected, 
along with any

[[Page 18367]]

corrective action taken and the results of subsequent follow-up 
inspections for visible emissions, along with your annual compliance 
report as required by Sec.  63.11519(b)(5), ``Notification, 
recordkeeping, and reporting requirements.''
    (b) Standards for machining. If you own or operate a new or 
existing machining metal fabrication or finishing affected source, you 
must implement management practices to minimize emissions of MFHAP as 
specified in paragraph (b)(1) of this section. You must demonstrate 
that management practices are being implemented by complying with the 
requirements in paragraphs (b)(2) through (4) of this section.
    (1) Machining affected sources must comply with the management 
practices specified in paragraphs (b)(1)(i) and (ii) of this section.
    (i) Keep work areas free of excess MFHAP material by sweeping or 
vacuuming once per day, once per shift, or once per operation, as 
needed depending on the severity of dust generation; and
    (ii) Operate all equipment associated with machining according to 
manufacturer's instructions.
    (2) You must perform visual determinations of fugitive emissions, 
as specified in Sec.  63.11517(b), ``Monitoring Requirements,'' at an 
exit or opening of the building containing the machining metal 
fabrication or finishing operation.
    (3) You must keep a record of all visual determinations of fugitive 
emissions along with any corrective action taken in accordance with the 
requirements in Sec.  63.11519(c)(2), ``Notification, recordkeeping, 
and reporting requirements.''
    (4) If visible fugitive emissions are detected, perform corrective 
actions until the visible fugitive emissions are eliminated, at which 
time you must comply with the requirements in paragraphs (b)(4)(i) and 
(ii) of this section.
    (i) You must perform a follow-up inspection for visible fugitive 
emissions in accordance with Sec.  63.11517(a), ``Monitoring 
Requirements.''
    (ii) You must report all instances where visible emissions are 
detected, along with any corrective action taken and the results of 
subsequent follow-up inspections for visible emissions, along with your 
annual compliance report as required by Sec.  63.11519(b)(5), 
``Notification, recordkeeping, and reporting requirements.''
    (c) Standards for dry grinding and dry polishing with machines. If 
you own or operate a new or existing dry grinding and dry polishing 
with machines metal fabrication or finishing affected source, you must 
comply with the requirements of paragraphs (c)(1) through (5) of this 
section.
    (1) You must capture emissions and vent them to a filtration 
control device. You must demonstrate compliance with this requirement 
by maintaining a record of the manufacturer's specifications for the 
capture and control devices, as specified by the requirements in Sec.  
63.11519(c)(4), ``Notification, recordkeeping, and reporting 
requirements.'' If you control emissions with a device other than a 
filtration device, you must establish that the alternate control device 
is at least equivalent, according to Sec.  63.6(g) of the ``General 
Provisions'' to part 63.
    (2) You must implement management practices to minimize emissions 
of MFHAP as specified in paragraphs (c)(2)(i) and (ii) of this section.
    (i) Keep work areas free of excess MFHAP material by sweeping or 
vacuuming once per day, once per shift, or once per operation, as 
needed depending on the severity of dust generation;
    (ii) Operate all equipment associated with the operation of dry 
grinding and dry polishing with machines, including the emission 
control system, according to manufacturer's instructions.
    (3) To demonstrate that the management practices are being 
implemented, you must perform visual determinations of fugitive 
emissions, as specified in Sec.  63.11517(b), ``Monitoring 
Requirements,'' at an exit or opening of the building containing the 
dry grinding and dry polishing with machines.
    (4) You must keep a record of all visual determinations of fugitive 
emissions along with any corrective action taken in accordance with the 
requirements in Sec.  63.11519(c)(2), ``Notification, recordkeeping, 
and reporting Requirements.''
    (5) If visible fugitive emissions are detected, perform corrective 
actions until the visible fugitive emissions are eliminated, at which 
time you must comply with the requirements in paragraphs (c)(5)(i) and 
(ii) of this section. Corrective actions include, but are not limited 
to, inspecting and replacing filters; inspecting, repairing, and/or 
correcting the operation of the emission capture equipment and air flow 
into the capture system; and increasing the capture efficiency.
    (i) You must perform a follow-up inspection for visible fugitive 
emissions in accordance with Sec.  63.11517(a), ``Monitoring 
Requirements.''
    (ii) You must report all instances where visible emissions are 
detected, along with any corrective action taken and the results of 
subsequent follow-up inspections for visible emissions, along with your 
annual compliance report as required by Sec.  63.11519(b)(5), 
``Notification, recordkeeping, and reporting requirements.''
    (d) Standards for control of MFHAP in spray painting. If you own or 
operate a new or existing spray painting metal fabrication or finishing 
affected source, as defined in Sec.  63.11522, ``Definitions,'' you 
must implement the management practices in paragraphs (d)(1) through 
(9) of this section.
    (1) Standards for spray painting objects less than or equal to 15 
feet in any dimension for MFHAP control. All paints applied via spray-
applied painting to objects which do not exceed 15 feet (4.57 meters) 
in any dimension, must be applied in a spray booth or preparation 
station that meets the requirements of paragraphs (d)(1)(i) through 
(iii) of this section.
    (i) Spray booths and preparation stations must have a full roof, at 
least two complete walls, and one or two complete side curtains or 
other barrier material so that all four sides are covered. The spray 
booths must be ventilated so that air is drawn into the booth and 
leaves only through the filter. The roof may contain narrow slots for 
connecting fabricated products to overhead cranes, and/or for cords or 
cables.
    (ii) All spray booths, preparation stations, and mobile enclosures 
must be fitted with a type of filter technology that is demonstrated to 
achieve at least 98 percent capture of MFHAP. The procedure used to 
demonstrate filter efficiency must be consistent with the American 
Society of Heating, Refrigerating, and Air-Conditioning Engineers 
(ASHRAE) Method 52.1, ``Gravimetric and Dust-Spot Procedures for 
Testing Air-Cleaning Devices Used in General Ventilation for Removing 
Particulate Matter, June 4, 1992'' (incorporated by reference, see 
Sec.  63.14 of subpart A of this part). The test coating for measuring 
filter efficiency shall be a high solids bake enamel delivered at a 
rate of at least 135 grams per minute from a conventional (non-HVLP) 
air-atomized spray gun operating at 40 pounds per square inch (psi) air 
pressure; the air flow rate across the filter shall be 150 feet per 
minute. Owners and operators may use published filter efficiency data 
provided by filter vendors to demonstrate compliance with this 
requirement and are not required to perform this measurement.
    (iii) You must perform regular inspection and replacement of the 
filters in all spray booths, preparation stations,

[[Page 18368]]

and mobile enclosures according to manufacturer instructions, and 
maintain documentation of these activities, as detailed in Sec.  
63.11519(c)(5), ``Notification, recordkeeping, and reporting 
requirements.''
    (iv) As an alternative compliance requirement, spray booths 
equipped with a water curtain, called ``waterwash'' or ``waterspray'' 
booths that are operated and maintained according to the manufacturer's 
specifications and that achieve at least 98 percent control of MFHAP, 
may be used in lieu of the spray booths requirements of paragraphs 
(d)(1)(i) through (iii) of this section.
    (2) Standards for spray painting of all objects for MFHAP control. 
All paints applied via spray-applied painting must be applied with a 
high-volume, low-pressure (HVLP) spray gun, electrostatic application, 
airless spray gun, air-assisted airless spray gun, or an equivalent 
technology that is demonstrated to achieve transfer efficiency 
comparable to one of these spray gun technologies for a comparable 
operation, and for which written approval has been obtained from the 
Administrator. The procedure used to demonstrate that spray gun 
transfer efficiency is equivalent to that of an HVLP spray gun must be 
equivalent to the California South Coast Air Quality Management 
District's ``Spray Equipment Transfer Efficiency Test Procedure for 
Equipment User, May 24, 1989'' and ``Guidelines for Demonstrating 
Equivalency with District Approved Transfer Efficient Spray Guns, 
September 26, 2002'' (incorporated by reference, see Sec.  63.14 of 
subpart A of this part).
    (3) Spray system recordkeeping. You must maintain documentation of 
the HVLP or other high transfer efficiency spray paint delivery 
methods, as detailed in Sec.  63.11519(c)(6), ``Notification, 
recordkeeping, and reporting requirements.''
    (4) Spray gun cleaning. All cleaning of paint spray guns must be 
done with either non-HAP gun cleaning solvents, or in such a manner 
that an atomized mist of spray of gun cleaning solvent and paint 
residue is not created outside of a container that collects used gun 
cleaning solvent. Spray gun cleaning may be done with, for example, 
hand cleaning of parts of the disassembled gun in a container of 
solvent, by flushing solvent through the gun without atomizing the 
solvent and paint residue, or by using a fully enclosed spray gun 
washer. A combination of these non-atomizing methods may also be used.
    (5) Spray painting worker certification. All workers performing 
painting must be certified that they have completed training in the 
proper spray application of paints and the proper setup and maintenance 
of spray equipment. The minimum requirements for training and 
certification are described in paragraph (d)(6) of this section. The 
spray application of paint is prohibited by persons who are not 
certified as having completed the training described in paragraph 
(d)(6) of this section. The requirements of this paragraph do not apply 
to the students of an accredited painting training program who are 
under the direct supervision of an instructor who meets the 
requirements of this paragraph. The requirements of this paragraph do 
not apply to operators of robotic or automated painting operations.
    (6) Spray painting training program content. Each owner or operator 
of an affected spray painting metal fabrication or finishing affected 
source must ensure and certify that all new and existing personnel, 
including contract personnel, who spray apply paints are trained in the 
proper application of paints as required by paragraph (d)(5) of this 
section. The training program must include, at a minimum, the items 
listed in paragraphs (d)(6)(i) through (iii) of this section.
    (i) A list of all current personnel by name and job description who 
are required to be trained;
    (ii) Hands-on, or in-house or external classroom instruction that 
addresses, at a minimum, initial and refresher training in the topics 
listed in paragraphs (d)(6)(ii)(A) through (D) of this section.
    (A) Spray gun equipment selection, set up, and operation, including 
measuring coating viscosity, selecting the proper fluid tip or nozzle, 
and achieving the proper spray pattern, air pressure and volume, and 
fluid delivery rate.
    (B) Spray technique for different types of paints to improve 
transfer efficiency and minimize paint usage and overspray, including 
maintaining the correct spray gun distance and angle to the part, using 
proper banding and overlap, and reducing lead and lag spraying at the 
beginning and end of each stroke.
    (C) Routine spray booth and filter maintenance, including filter 
selection and installation.
    (D) Environmental compliance with the requirements of this subpart.
    (iii) A description of the methods to be used at the completion of 
initial or refresher training to demonstrate, document, and provide 
certification of successful completion of the required training. 
Alternatively, owners and operators who can show by documentation or 
certification that a painter's work experience and/or training has 
resulted in training equivalent to the training required in paragraph 
(d)(6)(ii) of this section are not required to provide the initial 
training required by that paragraph to these painters.
    (7) Records of spray painting training. You must maintain records 
of employee training certification for use of HVLP or other high 
transfer efficiency spray paint delivery methods as detailed in Sec.  
63.11519(c)(7), ``Notification, recordkeeping, and reporting 
requirements.''
    (8) Spray painting training dates. As required by paragraph (d)(5) 
of this section, all new and existing personnel at an affected spray 
painting metal fabrication or finishing affected source, including 
contract personnel, who spray apply paints must be trained by the dates 
specified in paragraphs (d)(8)(i) and (ii) of this section.
    (i) If your source is a new source, all personnel must be trained 
and certified no later than 180 days after hiring or no later than 180 
days after April 3, 2008, whichever is later. Training that was 
completed within 5 years prior to the date training is required, and 
that meets the requirements specified in paragraph (d)(6)(ii) of this 
section satisfies this requirement and is valid for a period not to 
exceed 5 years after the date the training is completed.
    (ii) If your source is an existing source, all personnel must be 
trained and certified no later than 60 days after hiring or no later 
than 6 months after April 3, 2008, whichever is later. Worker training 
that was completed within 5 years prior to the date training is 
required, and that meets the requirements specified in paragraph 
(d)(6)(ii) of this section satisfies this requirement and is valid for 
a period not to exceed 5 years after the date the training is 
completed.
    (9) Duration of training validity. Training and certification will 
be valid for a period not to exceed 5 years after the date the training 
is completed, and all personnel must receive refresher training that 
meets the requirements of this section and be re-certified every 5 
years.
    (e) Standards for VOHAP from spray painting. For a new or existing 
spray painting metal fabrication or finishing affected source, as 
defined in Sec.  63.11522, ``Definitions,'' you must comply with the 
limits specified in either paragraph (e)(1) or (e)(2) of this section. 
You must demonstrate these

[[Page 18369]]

limits are being implemented by complying with the requirements in 
paragraph (e)(3) or (e)(4) of this section, as applicable. You must 
also implement the management practices specified in paragraph (e)(5) 
of this section to minimize VOHAP emissions from mixing and storage.
    (1) Paint VOHAP content limit option. Limit the VOHAP content of 
all paints applied via spray applied coating operations to no more than 
3 pounds of volatile organic HAP per gallon (lb/gal) (0.36 kg/l) paint 
solids, in accordance with paragraphs (e)(1)(i) through (iii) of this 
section.
    (i) You may use the VOHAP content limit option for any individual 
painting operation, for any group of painting operations in the 
affected source, or for all the painting operations in the affected 
source.
    (ii) You may not use any thinner and/or other additive that 
contains VOHAP as determined according to paragraph (e)(3)(i) of this 
section.
    (iii) You must use the procedures in this section on each paint, 
thinner and/or other additive in the condition it is in when it is 
received from its manufacturer or supplier and prior to any alteration.
    (iv) You do not need to determine the VOHAP content of paints, 
thinners and/or other additives that are reclaimed on-site (or 
reclaimed off-site if you have documentation showing that you received 
back the exact same materials that were sent off-site) and reused in 
the painting operation for which you use the VOHAP content limit 
option, provided these materials in their condition as received were 
demonstrated to comply with the VOHAP content limit option.
    (2) Weighted-average paint VOHAP content limit option. Limit the 
VOHAP content of the total mass of paints applied via spray-applied 
coating operations to no more than 3 lb/gal (0.36 kg/l) paint solids on 
a 12-month rolling weighted-average basis.
    (3) Compliance with paint VOHAP content limit option. If you comply 
with the VOHAP content limit in paragraph (e)(1) of this section, you 
must demonstrate compliance by complying with the requirements in 
paragraphs (e)(3)(i) through (vi) of this section.
    (i) Determine the mass fraction of VOHAP. You must determine the 
mass fraction of VOHAP for each paint, thinner and/or other additive 
used during the compliance period by using one of the options in 
paragraphs (e)(3)(i)(A) through (E) of this section.
    (A) 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)(3)(i)(B) through (E) of this 
section, such as manufacturer's formulation data or material safety 
data sheets (MSDS), if it represents each VOHAP that is present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)--defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is 0.5 percent of the 
material by mass, you do not have to count it. For reactive adhesives 
in which some of the HAP react to form solids and are not emitted to 
the atmosphere, you may rely on manufacturer's data that expressly 
states the VOHAP or volatile matter mass fraction emitted. If there is 
a disagreement between such information and results of a test conducted 
according to paragraphs (e)(3)(i)(B) through (D) of this section, then 
the test method results will take precedence unless, after 
consultation, you demonstrate to the satisfaction of the enforcement 
agency that the formulation data are correct.
    (B) Method 311. You may use EPA Method 311 (appendix A to 40 CFR 
part 63, ``Test Methods'') for determining the mass fraction of VOHAP. 
Use the procedures specified in paragraphs (e)(3)(i)(B)(1) and (2) of 
this section when performing an EPA Method 311 test.
    (1) Count each VOHAP 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 VOHAP you count as a value truncated to four 
places after the decimal point (e.g., 0.3791).
    (2) Calculate the total mass fraction of VOHAP in the test material 
by adding up the individual VOHAP mass fractions and truncating the 
result to three places after the decimal point (e.g., 0.763).
    (C) Method 24. For paints, as defined in Sec.  63.11522, 
``Definitions,'' you may use EPA Method 24 (appendix A to 40 CFR part 
60, ``Test Methods'') to determine the mass fraction of nonaqueous 
volatile matter and use that value as a substitute for mass fraction of 
VOHAP. For reactive adhesives in which some of the HAP react to form 
solids and are not emitted to the atmosphere, you may use the 
alternative method contained in appendix A to subpart PPPP (Plastic 
Parts NESHAP) of this part, rather than EPA Method 24. You may use the 
volatile fraction that is emitted, as measured by the alternative 
method in appendix A to subpart PPPP (Plastic Parts NESHAP) of this 
part, as a substitute for the mass fraction of VOHAP.
    (D) Alternative method. You may use an alternative test method for 
determining the mass fraction of VOHAP once the Administrator has 
approved it. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (E) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain VOHAP which must be counted 
toward the total VOHAP mass fraction of the materials. When test data 
and manufacturer's data for solvent blends are not available, you may 
use the default values for the mass fraction of VOHAP in these solvent 
blends listed in Table 2 or 3 to this subpart. If you use the tables, 
you must use the values in Table 2 for all solvent blends that match 
Table 2 entries according to the instructions for Table 2, and you may 
use Table 2 only if the solvent blends in the materials you use do not 
match any of the solvent blends in Table 2 and you know only whether 
the blend is aliphatic or aromatic. However, if the results of an EPA 
Method 311 test indicate higher values than those listed on Table 2 or 
3 to this subpart, the EPA Method 311 results will take precedence 
unless, after consultation, you demonstrate to the satisfaction of the 
enforcement agency that the formulation data are correct.
    (ii) Determine the volume fraction of paint solids. You must 
determine the volume fraction of paint solids (liters (gal) of paint 
solids per liter (gal) of paint) for each paint used during the 
compliance period by a test, by calculation, or by information provided 
by the supplier or the manufacturer of the material, using one of the 
options in paragraphs (e)(3)(ii)(A) through (C) of this section. If 
test results obtained according to paragraph (e)(3)(ii)(A) of this 
section do not agree with the information obtained under paragraph 
(e)(3)(ii)(B) or (C) of this section, the test results will take 
precedence unless, after consultation, you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (A) ASTM Method D2697-03 or ASTM Method D6093-97 (Reapproved 2003). 
You may use ASTM Method D2697-03, ``Standard Test Method for Volume 
Nonvolatile Matter in Clear or Pigmented Coatings'' (incorporated by

[[Page 18370]]

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 paint 
solids for each paint. Divide the nonvolatile volume percent obtained 
with the methods by 100 to calculate volume fraction of paint solids.
    (B) Alternative method. You may use an alternative test method for 
determining the solids content of each coating once the Administrator 
has approved it. You must follow the procedure in Sec.  63.7(f) to 
submit an alternative test method for approval.
    (C) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of paint solids for each paint from 
the supplier or manufacturer.
    (iii) Calculation of volume fraction of paint solids. You may 
determine the volume fraction of paint solids using Equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TP03AP08.000

Where:

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

    (iv) Determine the density of each paint. Determine the density of 
each paint used during the compliance period from test results using 
ASTM Method D1475-98, ``Standard Test Method for Density of Liquid 
Coatings, Inks, and Related Products'' (incorporated by reference, see 
Sec.  63.14), information from the supplier or manufacturer of the 
material can be used, or specific gravity data for pure chemicals. If 
there is disagreement between ASTM Method D1475-98 test results and the 
supplier's or manufacturer's information, the test results will take 
precedence unless, after consultation you demonstrate to the 
satisfaction of the enforcement agency that the formulation data are 
correct.
    (v) Determine the VOHAP content of each paint. Calculate the VOHAP 
content, kg (lb) of VOHAP emitted per liter (gal) paint solids used, of 
each paint used during the compliance period using Equation 2 of this 
section:
[GRAPHIC] [TIFF OMITTED] TP03AP08.001

Where:

Hc = Organic HAP content of the paint, kg organic HAP emitted per 
liter (gal) paint solids used.
Dc = Density of paint, kg paint per liter (gal) paint, determined 
according to paragraph (e)(3)(iv) of this section.
Wc = Mass fraction of organic HAP in the paint, kg organic HAP per 
kg paint, determined according to paragraph (e)(3)(i) of this 
section.
Vs = Volume fraction of paint solids, liter (gal) paint solids per 
liter (gal) paint, determined according to paragraph (e)(3)(ii) of 
this section.

    (vi) Compliance demonstration for paint VOHAP content limit option. 
To demonstrate continuous compliance, you must comply with the 
requirements in paragraphs (e)(3)(vi)(A) through (D) of this section.
    (A) The calculated VOHAP content for each paint used must be less 
than or equal to the applicable HAP content limit in paragraph (e)(1) 
of this section, and each thinner and/or other additive used must 
contain no VOHAP, determined according to paragraph (e)(3)(i) of this 
section.
    (B) You must keep all records required by Sec.  63.11519(c)(8) and 
(9), ``Notification, recordkeeping, and reporting requirements.''
    (C) As part of the notification of compliance status required in 
Sec.  63.11519(a)(2), ``Notification, recordkeeping, and reporting 
requirements,'' you must identify the paint operation(s) for which you 
used the VOHAP content limit option and submit a statement that the 
paint operation(s) was (were) in compliance with the HAP content limit 
because you used no paints for which the VOHAP content exceeded the 
applicable limit in paragraph (e)(1) of this section, and you used no 
thinners and/or other additives that contained VOHAP, determined 
according to the procedures in paragraphs (e)(3)(i) through (v) of this 
section.
    (D) If at any time the calculated VOHAP content for any paint 
exceeded the applicable limit in paragraph (e)(1) of this section, or 
any thinner and/or other additive used contained any VOHAP, this is an 
exceedence of the limitation for that compliance period and must be 
reported as specified in Sec.  63.11519(b)(8)(i), ``Notification, 
recordkeeping, and reporting requirements.''
    (4) Compliance with weighted-average paint VOHAP content limit 
option. If you comply with the weighted-average VOHAP content in 
paragraph (e)(2) of this section, you must demonstrate compliance by 
complying with the requirements in paragraphs (e)(4)(i) through (ix) of 
this section. When calculating the weighted-average VOHAP content 
according to this section, do not include any paints, thinners and/or 
other additives used on painting operations for which you use the HAP 
content limit option of paragraph (e)(1) of this section. You do not 
need to determine the mass of VOHAP in paints, thinners and/or other 
additives that have been reclaimed on-site (or reclaimed off-site if 
you have documentation showing that you received back the exact same 
materials that were sent off-site) and reused in the painting 
operation. If you use paints, thinners and/or other additives that have 
been reclaimed on-site, the amount of each used in a month may be 
reduced by the amount of each that is reclaimed. That is, the amount 
used may be calculated as the amount consumed to account for materials 
that are reclaimed.
    (i) Mass fraction of VOHAP. Determine the mass fraction of VOHAP 
for each paint, thinner and/or other additive used during each month 
according to the requirements in paragraph (e)(3)(i) of this section.
    (ii) Volume fraction of paint solids. Determine the volume fraction 
of paint solids for each paint used during each month according to the 
requirements in paragraph (e)(3)(ii) of this section.
    (iii) Density of materials. Determine the density of each liquid 
paint, thinner and/or other additive used during each month from test 
results using ASTM Method D1475-98, ``Standard Test Method for Density 
of Liquid Coatings, Inks, and Related Products'' (incorporated by 
reference, see Sec.  63.14), information from the supplier or 
manufacturer of the material, or reference sources providing density or 
specific gravity data for pure materials. If there is disagreement 
between ASTM Method D1475-98 test results and other such information 
sources, the test results will take precedence unless, after 
consultation you demonstrate to the satisfaction of the enforcement 
agency that the formulation data are correct. If

[[Page 18371]]

you purchase materials or monitor consumption by weight instead of 
volume, you do not need to determine material density. Instead, you may 
use the material weight in place of the combined terms for density and 
volume in Equations 3A, 3B, and 4 of this section.
    (iv) Volume of materials. Determine the volume of each paint, 
thinner and/or other additive used during each month by measurement or 
usage records. If you purchase materials or monitor consumption by 
weight instead of volume, you do not need to determine the volume of 
each material used. Instead, you may use the material weight in place 
of the combined terms for density and volume in Equations 3A and 3B of 
this section.
    (v) Mass of VOHAP. The mass of VOHAP is the combined mass of VOHAP 
contained in all paints, thinners and/or other additives used during 
each month minus the VOHAP in certain waste materials. Calculate the 
mass of VOHAP using Equation 3 of this section.
[GRAPHIC] [TIFF OMITTED] TP03AP08.002

Where:

He = Total mass of organic HAP used during the month, kg.
A = Total mass of organic HAP in the paints used during the month, 
kg, as calculated in Equation 3A of this section.
B = Total mass of organic HAP in the thinners and/or other additives 
used during the month, kg, as calculated in Equation 3B of this 
section.
Rw = Total mass of organic HAP in waste materials sent or designated 
for shipment to a hazardous waste treatment, storage, and disposal 
facility (TSDF) for treatment or disposal during the month, kg, 
determined according to paragraph (e)(4)(vi) of this section. (You 
may assign a value of zero to R w if you do not wish to use this 
allowance.)

    Calculate the mass VOHAP in the paints used during the month using 
Equation 3A of this section:
[GRAPHIC] [TIFF OMITTED] TP03AP08.003

Where:

A = Total mass of organic HAP in the paints used during the month, 
kg.
Vol = Total volume of paint, i, used during the month, liters.
Dc= Density of paint, i, kg paint per liter paint.
Wc= Mass fraction of organic HAP in paint, i, kg organic 
HAP per kg paint. For reactive adhesives as defined in Sec.  
63.11522, ``Definitions,'' use the mass fraction of organic HAP that 
is emitted as determined using the method in appendix A to subpart 
PPPP of this part.
m = Number of different paints used during the month.

    Calculate the mass of VOHAP in the thinners and/or other additives 
used during the month using Equation 3B of this section:
[GRAPHIC] [TIFF OMITTED] TP03AP08.004

Where:

B = Total mass of organic HAP in the thinners and/or other additives 
used during the month, kg.
Volt, j = Total volume of thinner and/or other additive, 
j, used during the month, liters.
Dt, j = Density of thinner and/or other additive, j, kg 
per liter.
Wt, j = Mass fraction of organic HAP in thinner and/or 
other additive, j, kg organic HAP per kg thinner and/or other 
additive. For reactive adhesives as defined in Sec.  63.11522, 
``Definitions,'' use the mass fraction of organic HAP that is 
emitted as determined using the method in appendix A to subpart PPPP 
of this part.
n = Number of different thinners and/or other additives used during 
the month.

    (vi) HAP in waste materials. If you choose to account for the mass 
of VOHAP contained in waste materials sent or designated for shipment 
to a hazardous waste TSDF in Equation 3 of this section, then you must 
determine the mass according to paragraphs (e)(4)(vi)(A) through (D) of 
this section.
    (A) You may only include waste materials in the determination that 
are generated by painting operations in the affected source for which 
you use Equation 3 of this section and that will be treated or disposed 
of by a facility that is regulated as a TSDF under 40 CFR part 262, 
264, 265, or 266. The TSDF may be either off-site or on-site. You may 
not include VOHAP contained in wastewater.
    (B) You must determine either the amount of the waste materials 
sent to a TSDF during the month or the amount collected and stored 
during the month and designated for future transport to a TSDF. Do not 
include in your determination any waste materials sent to a TSDF during 
a month if you have already included them in the amount collected and 
stored during that month or a previous month.
    (C) Determine the total mass of VOHAP contained in the waste 
materials specified in paragraph (e)(4)(vi)(A) of this section.
    (D) You must document the methodology you use to determine the 
amount of waste materials and the total mass of VOHAP they contain, as 
required in Sec.  63.11519(c)(9)(viii), ``Notification, recordkeeping, 
and reporting requirements.'' If waste manifests include this 
information, they may be used as part of the documentation of the 
amount of waste materials and mass of VOHAP contained in them.
    (vii) Paint solids. Determine the total volume of paint solids 
used, in liters, which is the combined volume of paint solids for all 
the paints used during each month, using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TP03AP08.005

Where:

Vst = Total volume of paint solids used during the month, 
liters.
Volc, i = Total volume of paint, i, used during the 
month, liters.
Vs, i = Volume fraction of paint solids for paint, i, 
liter solids per liter paint, determined according to paragraph 
(e)(3)(ii) of this section.
m = Number of paints used during the month.

    (viii) Weighted-average VOHAP Content. Calculate the weighted-
average VOHAP content for all the paints used in the compliance period, 
in kg (lb) VOHAP emitted per liter (gal) paint solids used, using 
Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TP03AP08.006

Where:

Hyr = Weighted-average organic HAP content of all paints 
used in the compliance period, kg VOHAP per liter paint solids used.
He = Total mass of organic HAP from all materials used 
during month, y, kg, as calculated by Equation 3 of this section.
Vst = Total volume of paint solids used during month, y, 
liters, as calculated by Equation 4 of this section.
y = Identifier for months.
n = Number of months in the compliance period (n equals 12).

    (ix) Compliance demonstration for weighted-average paint VOHAP 
content limit option. To demonstrate continuous compliance, you must 
comply with the requirements in paragraphs (e)(4)(ix)(A) through (F) of 
this section.
    (A) Calculate the weighted-average VOHAP content for each 
compliance period using Equation 5 of this section. A compliance period 
consists of 12 months. Each month is the end of a compliance period 
consisting of that month and the preceding 11 months. You must perform 
the calculations in paragraph (e)(4) of this section on a monthly basis 
using data from the previous 12 months of operation.

[[Page 18372]]

    (B) If the weighted-average VOHAP content of the total mass of 
paints applied via spray-applied coating operations for any 12-month 
compliance period exceeded the applicable VOHAP content limit in 
paragraph (e)(2) of this section this is an exceedence of the VOHAP 
content limitation for that compliance period and must be reported as 
specified in Sec.  63.11519(b)(8)(ii), ``Notification, recordkeeping, 
and reporting requirements.''
    (C) As part of the notification of compliance status required by 
Sec.  63.11519(a)(2), ``Notification, recordkeeping, and reporting 
requirements,'' you must include a list of processes that will comply 
with the weighted-average VOHAP content limit option, in accordance 
with paragraph (e)(2) of this section.
    (D) As part of each annual compliance report required by Sec.  
63.11519(b)(1), ``Notification, recordkeeping, and reporting 
requirements,'' you must include a list of the rolling 12-month monthly 
calculated values of the VOHAP content calculated according to 
paragraph (e)(4)(viii) of this section, for each month for which 11 
previous consecutive months of data are available. Thus, for the first 
annual report, no monthly VOHAP content will be reported, for the 
second, monthly VOHAP content will be reported for a portion of the 
year, and for subsequent reports, a full year (12 months) of monthly 
VOHAP content will be reported.
    (E) As part of each annual compliance report required by Sec.  
63.11519(b)(1), ``Notification, recordkeeping, and reporting 
requirements,'' you must identify the painting operation(s) for which 
you used the weighted-average VOHAP content limit option. If there were 
no exceedences of the VOHAP content limitations, you must submit a 
statement that the painting operation was in compliance with the VOHAP 
content limit during the reporting period because the VOHAP content for 
each compliance period was less than or equal to the applicable VOHAP 
limit in paragraph (e)(2) of this section, determined according to 
paragraph (e)(4) of this section.
    (F) You must maintain records as specified in Sec.  63.11519(c)(8) 
and (9), ``Notification, recordkeeping, and reporting requirements.''
    (5) You must implement the management practices described in 
paragraphs (e)(5)(i) through (v) of this section to minimize VOHAP 
emissions from mixing and storage.
    (i) All VOHAP-containing paints, thinners and/or other additives, 
cleaning materials, and waste materials must be stored in closed 
containers.
    (ii) Spills of VOHAP-containing paints, thinners and/or other 
additives, cleaning materials, and waste materials must be minimized.
    (iii) VOHAP-containing paints, thinners and/or other additives, 
cleaning materials, and waste materials must be conveyed from one 
location to another in closed containers or pipes.
    (iv) Mixing vessels which contain VOHAP-containing paints and other 
materials must be closed except when adding to, removing, or mixing the 
contents.
    (v) Emissions of VOHAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (f) Standards for welding. If you own or operate a new or existing 
welding metal fabrication or finishing affected source, you must comply 
with the requirements in paragraphs (f)(1) and (2) of this section. You 
must demonstrate that management practices or fume control measures are 
being implemented by complying with the requirements in paragraphs 
(f)(3) through (8) of this section.
    (1) You must operate all equipment, capture, and control devices 
associated with welding operations according to manufacturer's 
instructions. You must demonstrate compliance with this requirement by 
maintaining a record of the manufacturer's specifications for the 
capture and control devices, as specified by the requirements in Sec.  
63.11519(c)(4), ``Notification, recordkeeping, and reporting 
requirements.''
    (2) You must implement management practices, as practicable, to 
minimize emissions of MFHAP as specified in paragraphs (f)(2)(i) 
through (xi) of this section. Alternatively, you may use a welding fume 
control system that achieves at least 85 percent overall control of 
MFHAP, and operate this equipment according to the manufacturer's 
specifications.
    (i) Use low fume welding processes whenever possible. These welding 
processes include but are not limited to: Gas metal arc welding 
(GMAW)--also called metal inert gas welding (MIG); gas tungsten arc 
welding (GTAW)--also called tungsten inert gas (TIG); plasma arc 
welding (PAW); submerged arc welding (SAW); and all welding processes 
that do not use a consumable electrode.
    (ii) Use shielding gases, as appropriate to the type of welding 
used;
    (iii) Use an inert carrier gas, such as argon, as appropriate to 
the type of welding used;
    (iv) Use low or no-HAP welding materials and substrates;
    (v) Operate with a welding angle close to 90[deg];
    (vi) Optimize electrode diameter;
    (vii) Operate with lower voltage and current;
    (viii) Use low fume wires, as appropriate to the type of welding 
used;
    (ix) Optimize shield gas flow rate, as applicable to the type of 
welding used;
    (x) Use low or optimized torch speed; and
    (xi) Use pulsed-current power supplies, as appropriate to the type 
of welding used.
    (3) Tier 1 compliance requirements for welding. You must perform 
visual determinations of welding fugitive emissions as specified in 
Sec.  63.11517(b), ``Monitoring requirements,'' at the primary vent, 
stack, exit, or opening from the building containing the welding metal 
fabrication or finishing operations. You must keep a record of all 
visual determinations of fugitive emissions along with any corrective 
action taken in accordance with the requirements in Sec.  
63.11519(c)(2), ``Notification, recordkeeping, and reporting 
requirements.''
    (4) Requirements upon initial detection of visible emissions from 
welding. If visible fugitive emissions are detected during any visual 
determination required in paragraph (f)(3) of this section, you must 
comply with the requirements in paragraphs (f)(4)(i) and (ii) of this 
section.
    (i) Perform corrective actions that include, but are not limited 
to, inspection of welding fume sources, and evaluation of the proper 
operation and effectiveness of the management practices or fume control 
measures implemented in accordance with paragraph (f)(2) of this 
section. After completing such corrective actions, you must perform a 
follow-up inspection for visible fugitive emissions in accordance with 
Sec.  63.11517(a), ``Monitoring Requirements,'' at the primary vent, 
stack, exit, or opening from the building containing the welding metal 
fabrication or finishing operations.
    (ii) Report all instances where visible emissions are detected, 
along with any corrective action taken and the results of subsequent 
follow-up inspections for visible emissions, and submit with your 
annual compliance report as required by Sec.  63.11519(b)(5), 
``Notification, recordkeeping, and reporting requirements.''
    (5) Tier 2 requirements upon subsequent detection of visible 
emissions. If visible fugitive emissions are detected more than once 
during any consecutive 12-month period (notwithstanding the results of 
any follow-up inspections), you must

[[Page 18373]]

comply with paragraphs (f)(5)(i) through (iv) of this section.
    (i) Within 24 hours of the end of the visual determination of 
fugitive emissions in which visible fugitive emissions were detected, 
you must conduct a visual determination of emissions opacity, as 
specified in Sec.  63.11517(c), ``Monitoring requirements,'' at the 
primary vent, stack, exit, or opening from the building containing the 
welding metal fabrication or finishing operations.
    (ii) In lieu of the requirement of paragraph (f)(3) of this section 
to perform visual determinations of fugitive emissions with EPA Method 
22, you must perform visual determinations of emissions opacity in 
accordance with Sec.  63.11517(d), ``Monitoring Requirements,'' using 
EPA Method 9, at the primary vent, stack, exit, or opening from the 
building containing the welding metal fabrication or finishing 
operations.
    (iii) You must keep a record of each visual determination of 
emissions opacity performed in accordance with paragraphs (f)(5)(i) or 
(ii) of this section, along with any subsequent corrective action 
taken, in accordance with the requirements in Sec.  63.11519(c)(3), 
``Notification, recordkeeping, and reporting requirements.''
    (iv) You must report the results of all visual determinations of 
emissions opacity performed in accordance with paragraphs (f)(5)(i) or 
(ii) of this section, along with any subsequent corrective action 
taken, and submit with your annual compliance report as required by 
Sec.  63.11519(b)(6), ``Notification, recordkeeping, and reporting 
requirements.''
    (6) Requirements for opacities less than 20 percent. For each 
visual determination of emissions opacity performed in accordance with 
paragraph (f)(5) of this section for which the average of the six-
minute average opacities recorded is less than 20 percent, you must 
perform corrective actions, including inspection of all welding fume 
sources, and evaluation of the proper operation and effectiveness of 
the management practices or fume control measures implemented in 
accordance with paragraph (f)(2) of this section.
    (7) Tier 3 requirements for opacities exceeding 20 percent. For 
each visual determination of emissions opacity performed in accordance 
with paragraph (f)(5) of this section for which the average of the six-
minute average opacities recorded exceeds 20 percent, you must comply 
with the requirements in paragraphs (f)(7)(i) through (v) of this 
section.
    (i) You must submit a report of exceedence of 20 percent opacity, 
along with your annual compliance report, as specified in Sec.  
63.11519(b)(8)(iii), ``Notification, recordkeeping, and reporting 
requirements,'' and according to the requirements of Sec.  
63.11519(b)(1), ``Notification, recordkeeping, and reporting 
requirements.''
    (ii) Within 30 days of the opacity exceedence, you must prepare and 
implement a Site-Specific Welding Emissions Management Plan, as 
specified in paragraph (f)(8) of this section. If you have already 
prepared a Site-Specific Welding Emissions Management Plan in 
accordance with this paragraph, you must prepare and implement a 
revised Site-Specific Welding Emissions Management Plan within 30 days.
    (iii) During the preparation (or revision) of the Site-Specific 
Welding Emissions Management Plan, you must continue to perform daily 
visual determinations of emissions opacity as specified in Sec.  
63.11517(c), ``Monitoring Requirements,'' using EPA Method 9, at the 
primary vent, stack, exit, or opening from the building containing the 
welding metal fabrication or finishing operations.
    (iv) You must maintain records of daily visual determinations of 
emissions opacity performed in accordance with paragraph (f)(7)(iii) of 
this section, during preparation of the Site-Specific Welding Emissions 
Management Plan, in accordance with the requirements in Sec.  
63.11519(b)(9), ``Notification, recordkeeping, and reporting 
requirements.''
    (v) You must include these records in your annual compliance 
report, according to the requirements of Sec.  63.11519(b)(1), 
``Notification, recordkeeping, and reporting requirements.''
    (8) Site-Specific Welding Emissions Management Plan. The Site-
Specific Welding Emissions Management Plans must comply with the 
requirements in paragraphs (f)(8)(i) through (iii) of this section.
    (i) Site-Specific Welding Emissions Management Plans must contain 
the information in paragraphs (f)(8)(i)(A) through (F) of this section.
    (A) Company name and address;
    (B) A list and description of all welding operations which 
currently comprise the welding metal fabrication or finishing affected 
source;
    (C) A description of all management practices and/or fume control 
methods in place at the time of the opacity exceedence;
    (D) A list and description of all management practices and/or fume 
control methods currently employed for the welding metal fabrication or 
finishing affected source;
    (E) A description of additional management practices and/or fume 
control methods to be implemented pursuant to paragraph (f)(7)(ii) of 
this section, and the projected date of implementation; and
    (F) Any revisions to a Site-Specific Welding Emissions Management 
Plan must contain copies of all previous plan entries, pursuant to 
paragraphs (f)(8)(i)(D) and (E) of this section.
    (ii) The Site-Specific Welding Emissions Management Plan must be 
updated annually to contain current information, as required by 
paragraphs (f)(8)(i)(A) through (C) of this section, and submitted with 
your annual compliance report, according to the requirements of Sec.  
63.11519(b)(1), ``Notification, recordkeeping, and reporting 
requirements.''
    (iii) You must maintain a copy of the current Site-Specific Welding 
Emissions Management Plan in your records in a readily-accessible 
location for inspector review, in accordance with the requirements in 
Sec.  63.11519(c)(11), ``Notification, recordkeeping, and reporting 
requirements.''


Sec.  63. 11517  What are my monitoring requirements?

    (a) Visual determination of fugitive emissions, general. Visual 
determination of fugitive emissions must be performed according to the 
procedures of EPA Method 22, of 40 CFR part 60, appendix A. You must 
conduct the EPA Method 22 test while the affected source is operating 
under normal conditions. The duration of each EPA Method 22 test must 
be at least 15 minutes, and visible emissions will be considered to be 
present if they are detected for more than six minutes of the fifteen 
minute period.
    (b) Visual determination of fugitive emissions, graduated schedule. 
Visual determinations of fugitive emissions must be performed in 
accordance with paragraph (a) of this section and according to the 
schedule in paragraphs (b)(1) through (3) of this section.
    (1) Daily Method 22 Testing. Perform visual determination of 
fugitive emissions once per day, on each day the process is in 
operation, during operation of the process.
    (2) Weekly Method 22 Testing. If no visible fugitive emissions are 
detected in consecutive daily EPA Method 22 tests, performed in 
accordance with paragraph (b)(1) of this section for 10 days of work 
day operation of the process, you may decrease the frequency of EPA 
Method 22 testing to

[[Page 18374]]

once per every five days of operation of the process. If visible 
fugitive emissions are detected during these tests, you must resume EPA 
Method 22 testing of that operation once per day during each day that 
the process is in operation, in accordance with paragraph (b)(1) of 
this section.
    (3) Monthly Method 22 Testing. If no visible fugitive emissions are 
detected in four consecutive weekly EPA Method 22 tests performed in 
accordance with paragraph (b)(2) of this section, you may decrease the 
frequency of EPA Method 22 testing to once per 21 days of operation of 
the process. If visible fugitive emissions are detected during these 
tests, you must resume weekly EPA Method 22 in accordance with 
paragraph (b)(2) of this section.
    (c) Visual determination of emissions opacity for welding Tier 2 or 
3, general. Visual determination of emissions opacity must be performed 
in accordance with the procedures of EPA Method 9, of appendix A of 
part 60, and while the affected source is operating under normal 
conditions. The duration of the EPA Method 9 test shall be thirty 
minutes.
    (d) Visual determination of emissions opacity for welding Tier 2 or 
3, graduated schedule. You must perform visual determination of 
emissions opacity in accordance with paragraph (c) of this section and 
according to the schedule in paragraphs (d)(1) through (4) of this 
section.
    (1) Daily Method 9 testing for welding, Tier 2 or 3. Perform visual 
determination of emissions opacity once per day during each day that 
the process is in operation.
    (2) Weekly Method 9 testing for welding, Tier 2 or 3. If the 
average of the six minute opacities recorded during any of the daily 
consecutive EPA Method 9 tests performed in accordance with paragraph 
(d)(1) of this section does not exceed 20 percent for 10 days of 
operation of the process, you may decrease the frequency of EPA Method 
9 testing to once per five days of consecutive work day operation. If 
opacity greater than 20 percent is detected during any of these tests, 
you must resume testing every day of operation of the process according 
to the requirements of paragraph (d)(1) of this section.
    (3) Monthly Method 9 testing for welding Tier 2 or 3. If the 
average of the six minute opacities recorded during any of the 
consecutive weekly EPA Method 9 tests performed in accordance with 
paragraph (d)(2) of this section does not exceed 20 percent for four 
consecutive weekly tests, you may decrease the frequency of EPA Method 
9 testing to once per every 21 days of operation of the process. If 
visible emissions opacity greater than 20 percent is detected during 
any monthly test, you must resume testing every five days of operation 
of the process according to the requirements of paragraph (d)(2) of 
this section.
    (4) Return to Method 22 testing for welding, Tier 2 or 3. If, after 
two consecutive months of testing, the average of the six minute 
opacities recorded during any of the monthly EPA Method 9 tests 
performed in accordance with paragraph (d)(3) of this section does not 
exceed 20 percent, you may resume monthly EPA Method 22 testing as in 
paragraph (f)(2) of this section. In lieu of this, you may elect to 
continue performing monthly EPA Method 9 tests in accordance with 
paragraph (d)(3) of this section.


Sec.  63.11518  [Reserved]


Sec.  63.11519  What are my notification, recordkeeping, and reporting 
requirements?

    (a) What notifications must I submit?
    (1) Initial Notification. If you are the owner or operator of a 
metal fabrication or finishing operation as defined in Sec.  63.11514 
``Am I subject to this subpart?,'' you must submit the Initial 
Notification required by Sec.  63.9(b) ``General Provisions,'' for a 
new affected source no later than 120 days after initial startup or 
August 1, 2008, whichever is later. For an existing affected source, 
you must submit the Initial Notification no later than April 3, 2009. 
Your Initial Notification must provide the information specified in 
paragraphs (a)(1)(i) through (iv) of this section.
    (i) The name, address, phone number and e-mail address of the owner 
and operator;
    (ii) The address (physical location) of the affected source;
    (iii) An identification of the relevant standard (i.e., this 
subpart); and
    (iv) A brief description of the type of operation. For example, a 
brief characterization of the types of products (e.g., aerospace 
components, sports equipment, etc.), the number and type of processes, 
and the number of workers usually employed.
    (2) Notification of compliance status. If you are the owner or 
operator of an existing metal fabrication or finishing affected source, 
you must submit a notification of compliance status on or before June 
2, 2010. If you are the owner or operator of a new metal fabrication or 
finishing affected source, you must submit a notification of compliance 
status within 120 days after initial startup, or by August 1, 2008, 
whichever is later. You are required to submit the information 
specified in paragraphs (a)(2)(i) through (iii) of this section with 
your notification of compliance status:
    (i) Your company's name and address;
    (ii) A statement by a responsible official with that official's 
name, title, phone number, e-mail address and signature, certifying the 
truth, accuracy, and completeness of the notification and a statement 
of whether the source has complied with all the relevant standards and 
other requirements of this subpart;
    (iii) If you operate any spray painting affected sources, the 
information required by Sec.  63.11516(e)(3)(vi)(C), ``Compliance 
demonstration,'' or Sec.  63.11516(e)(4)(ix)(C), ``Compliance 
demonstration,'' as applicable; and
    (iv) The date of the notification of compliance status.
    (b) What reports must I prepare or submit?
    (1) Annual compliance reports. You must prepare annual compliance 
reports for each affected source according to the requirements of 
paragraphs (b)(2) through (7) of this section. The annual compliance 
reporting requirements may be satisfied by reports required under other 
parts of the CAA, as specified in paragraph (b)(3) of this section. 
These reports do not need to be submitted unless an exceedence of the 
requirements of this subpart has occurred. In this case, the annual 
compliance report must be submitted along with the exceedence reports.
    (2) Dates. Unless the Administrator has approved or agreed to a 
different schedule for submission of reports under Sec.  63.10(a), 
``General Provisions,'' you must prepare and, if applicable, submit 
each annual compliance report according to the dates specified in 
paragraphs (b)(2)(i) through (iii) of this section. Note that the 
information reported for each of the months in the reporting period 
will be based on the last 12 months of data prior to the date of each 
monthly calculation.
    (i) The first annual compliance report must cover the first annual 
reporting period which begins the day after the compliance date and 
ends on December 31.
    (ii) Each subsequent annual compliance report must cover the 
subsequent semiannual reporting period from January 1 through December 
31.
    (iii) Each annual compliance report must be prepared no later than 
January 31 and kept in a readily-accessible location for inspector 
review. If an exceedence has occurred during the year, each annual 
compliance report must be submitted along with the

[[Page 18375]]

exceedence reports, and postmarked or delivered no later than January 
31.
    (3) Alternate dates. For each affected source that is subject to 
permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, 
``Title V.''
    (i) If the permitting authority has established dates for 
submitting annual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 
CFR 71.6(a)(3)(iii)(A), ``Title V,'' you may prepare or submit, if 
required, the first and subsequent compliance reports according to the 
dates the permitting authority has established instead of according to 
the date specified in paragraph (b)(2)(iii) of this section.
    (ii) If an affected source prepares or submits an annual compliance 
report pursuant to this section along with, or as part of, the 
monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), ``Title V,'' and the compliance report includes all 
required information concerning exceedences of any limitation in this 
subpart, its submission will be deemed to satisfy any obligation to 
report the same exceedences in the annual monitoring report. However, 
submission of an annual compliance report shall not otherwise affect 
any obligation the affected source may have to report deviations from 
permit requirements to the permitting authority.
    (4) General requirements. The annual compliance report must contain 
the information specified in paragraphs (b)(4)(i) through (iii) of this 
section, and the information specified in paragraphs (b)(5) through (7) 
of this section that is applicable to each 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; and
    (iii) Date of report and beginning and ending dates of the 
reporting period. The reporting period is the 12-month period ending on 
December 31. Note that the information reported for the 12 months in 
the reporting period will be based on the last 12 months of data prior 
to the date of each monthly calculation.
    (5) Visual determination of fugitive emissions requirements. The 
annual compliance report must contain the information specified in 
paragraphs (b)(5)(i) through (iii) of this section for each affected 
source which performs visual determination of fugitive emissions in 
accordance with Sec.  63.11517(a), ``Monitoring requirements.''
    (i) The date of every visual determination of fugitive emissions 
which resulted in detection of visible emissions;
    (ii) A description of the corrective actions taken subsequent to 
the test; and
    (iii) The date and results of the follow-up visual determination of 
fugitive emissions performed after the corrective actions.
    (6) Visual determination of emissions opacity requirements. The 
annual compliance report must contain the information specified in 
paragraphs (b)(6)(i) through (iii) of this section for each affected 
source which performs visual determination of emissions opacity in 
accordance with Sec.  63.11517(c), ``Monitoring requirements.''
    (i) The date of every visual determination of emissions opacity;
    (ii) The average of the six-minute opacities measured by the test; 
and
    (iii) A description of any corrective action taken subsequent to 
the test.
    (7) Paint limit reports. The annual compliance report must contain 
the information specified in paragraphs (b)(7)(i) through (v) of this 
section for each spray painting affected source.
    (i) Identification of the compliance option or options specified in 
Sec.  63.11516(e), ``Spray painting VOHAP content requirements,'' that 
you used on each spray painting operation during the reporting period. 
If you switched between compliance options during the reporting period, 
you must report the beginning and ending dates of each option you used.
    (ii) If you used the weighted-average VOHAP content compliance 
option in Sec.  63.11516(e)(2), ``Weighted-average VOHAP content limit 
option,'' your annual compliance report must include the calculation 
results for rolling 12-month weighted-average VOHAP content, according 
to Sec.  63.11516(e)(4)(ix)(C), ``Compliance Demonstration.''
    (iii) If there were no exceedences of the limitations in Sec.  
63.11516(e)(1), ``VOHAP content limit option,'' or Sec.  63.11516(e)(2) 
``Weighted-average VOHAP content limit option,'' the annual compliance 
report must include a statement that there were no exceedences of the 
limitations during the reporting period.
    (iv) Exceedences of the VOHAP content limit option. If you used the 
HAP content limit option and there was an exceedence of the applicable 
VOHAP content requirement in Sec.  63.11516(e)(1), ``VOHAP content 
limit option,'' an exceedence report must be prepared to contain the 
information in paragraphs (b)(7)(iv)(A) through (D) of this section. 
This exceedence report must be submitted along with your annual 
compliance report, as required by paragraph (b)(1) of this section.
    (A) Identification of each paint used that exceeded the applicable 
limit, and each thinner and/or other additive used that contained 
VOHAP, and the dates and time periods each was used.
    (B) The calculation of the VOHAP content (via Equation 2 of Sec.  
63.11516(e)(3), ``Spray painting VOHAP content requirements'') for each 
paint identified in paragraph (b)(7)(iv)(A) of this section. You do not 
need to submit background data supporting this calculation (e.g., 
information provided by paint suppliers or manufacturers, or test 
reports).
    (C) The determination of mass fraction of VOHAP for each thinner 
and/or other additive identified in paragraph (b)(7)(iv)(A) of this 
section (as determined according to Sec.  63.11516(e)(3)(i), ``Spray 
painting VOHAP content requirements''). You do not need to submit 
background data supporting this calculation (e.g., information provided 
by material suppliers or manufacturers, or test reports).
    (D) A statement of the cause of each exceedence of the VOHAP 
content requirement in Sec.  63.11516(e)(1), ``VOHAP content limit 
option.''
    (v) Exceedences of the weighted-average VOHAP content limit option. 
If you used the weighted-average VOHAP content limit option and there 
was an exceedence of the applicable limit in Sec.  63.11516(e)(2), 
``Weighted-average VOHAP content limit option,'' an exceedence report 
must be prepared to contain the information in paragraphs (b)(7)(v)(A) 
through (C) of this section. This exceedence report must be submitted 
along with your annual compliance report, as required by paragraph 
(b)(1) of this section.
    (A) The beginning and ending dates of each compliance period during 
which the 12-month weighted-average VOHAP content exceeded the 
applicable limit in Sec.  63.11516(e)(2), ``Weighted-average VOHAP 
content limit option.''
    (B) The calculations used to determine the weighted-average 12-
month VOHAP content for the compliance period in which the exceedence 
of the limit in Sec.  63.11516(e)(2), ``Weighted-average VOHAP content 
limit option'' occurred. You must submit the calculations for Equations 
3, 3A, 3B, and 4 of Sec.  63.11516(e)(4), ``Spray painting VOHAP 
content requirements,'' and if applicable, the calculation used to 
determine mass of VOHAP in waste materials according to Sec.  
63.11516(e)(4)(vi). You do not need to submit background data 
supporting

[[Page 18376]]

these calculations (e.g., information provided by materials suppliers 
or manufacturers, or test reports).
    (C) A statement of the cause of each exceedence of the limit in 
Sec.  63.11516(e)(2), ``Spray Painting VOHAP content requirements.''
    (8) Exceedence reports. You must prepare and submit exceedence 
reports according to the requirements of paragraphs (b)(8)(i) through 
(iii) of this section, and submit these reports along with your annual 
compliance report, as required by paragraph (b)(1) of this section.
    (i) Exceedences of spray painting VOHAP content limits. As required 
by Sec.  63.11516(e)(3)(vi)(D), ``Spray painting VOHAP content 
requirements,'' you must prepare an exceedence report whenever the 
calculated VOHAP content for any paint used exceeded the applicable 
limit, or any thinner and/or other additive used contained any VOHAP. 
This report must be submitted with your annual compliance report, 
according to the requirements of paragraph (b)(1) of this section, and 
must contain the information in paragraphs (b)(7)(iv)(A) through (D) of 
this section.
    (ii) Exceedences of spray painting weighted-average VOHAP content 
limits. As required by Sec.  63.11516(e)(4)(ix)(B), ``Spray painting 
VOHAP content requirements,'' you must prepare an exceedence report 
whenever the weighted-average VOHAP content of paints used in any 12-
month compliance period exceeds the applicable limit. This report must 
be submitted along with your annual compliance report, according to the 
requirements of paragraph (b)(1) of this section, and must contain the 
information in paragraphs (b)(7)(v)(A) through (C) of this section.
    (iii) Exceedences of 20 percent opacity for welding affected 
sources. As required by Sec.  63.11516(f)(7)(i), ``Requirements for 
opacities exceeding 20 percent,'' you must prepare an exceedence report 
whenever the average of the six-minute average opacities recorded 
during a visual determination of emissions opacity exceeds 20 percent. 
This report must be submitted along with your annual compliance report 
according to the requirements in paragraph (b)(1) of this section, and 
must contain the information in paragraphs (b)(8)(iii)(A) and (B) of 
this section.
    (A) The date on which the exceedence occurred; and
    (B) The average of the six-minute average opacities recorded during 
the visual determination of emissions opacity.
    (9) Site-specific Welding Emissions Management Plan reporting. You 
must submit a copy of the records of daily visual determinations of 
emissions recorded in accordance with Sec.  63.11516(f)(7)(iv), ``Tier 
3 requirements for opacities exceeding 20 percent,'' and a copy of your 
Site-Specific Welding Emissions Management Plan and any subsequent 
revisions to the plan pursuant to Sec.  63.11516(f)(8), ``Site-specific 
Welding Emissions Management Plan,'' along with your annual compliance 
report, according to the requirements in paragraph (b)(1) of this 
section.
    (c) What records must I keep? You must collect and keep records of 
the data and information specified in paragraphs (c)(1) through (12) of 
this section, according to the requirements in paragraph (c)(13) of 
this section.
    (1) General compliance and applicability records. Maintain 
information specified in paragraphs (c)(1)(i) through (ii) of this 
section for each affected source.
    (i) Each notification and report that you submitted to comply with 
this subpart, and the documentation supporting each notification and 
report.
    (ii) Records of the applicability determinations as in Sec.  
63.11514(b)(1) through (5), ``Am I subject to this subpart,'' listing 
equipment included in its affected source, as well as any changes to 
that and on what date they occurred, for 5 years to be made available 
for inspector review at any time.
    (2) Visual determination of fugitive emissions records. Maintain a 
record of the information specified in paragraphs (c)(2)(i) through 
(iii) of this section for each affected source which performs visual 
determination of fugitive emissions in accordance with Sec.  
63.11517(a), ``Monitoring requirements.''
    (i) The date and results of every visual determination of fugitive 
emissions;
    (ii) A description of any corrective action taken subsequent to the 
test; and
    (iii) The date and results of any follow-up visual determination of 
fugitive emissions performed after the corrective actions.
    (3) Visual determination of emissions opacity records. Maintain a 
record of the information specified in paragraphs (c)(3)(i) through 
(iii) of this section for each affected source which performs visual 
determination of emissions opacity in accordance with Sec.  
63.11517(c), ``Monitoring requirements.''
    (i) The date of every visual determination of emissions opacity; 
and
    (ii) The average of the six-minute opacities measured by the test; 
and
    (iii) A description of any corrective action taken subsequent to 
the test.
    (4) Maintain a record of the manufacturer's specifications for the 
control devices used to comply with Sec.  63.11516, ``Standards and 
management practices.''
    (5) Spray paint booth filter records. Maintain a record of the 
demonstration of filter efficiency and regular spray paint booth filter 
maintenance and performed in accordance with Sec.  63.11516(d)(1)(ii), 
``Spray painting of objects less than 15 feet in all dimensions 
requirements.''
    (6) HVLP or other high transfer efficiency spray delivery system 
documentation records. Maintain documentation of HVLP or other high 
transfer efficiency spray paint delivery systems, in compliance with 
Sec.  63.11516(d)(3), ``Requirements for spray painting of all 
objects.'' This documentation must include the manufacturer's 
specifications for the equipment and any manufacturer's operation 
instructions. If you have obtained written approval for an alternative 
spray application system in accordance with Sec.  63.11516(d)(2), 
``Spray painting of all objects,'' you must maintain a record of that 
approval along with documentation of the demonstration of equivalency.
    (7) HVLP or other high transfer efficiency spray delivery system 
employee training documentation records. Maintain certification that 
each worker performing spray painting operations has completed the 
training specified in Sec.  63.11516(d)(6), ``Requirements for spray 
painting of all objects,'' with the date the initial training and the 
most recent refresher training was completed.
    (8) General records detailing compliance with the spray painting 
VOHAP limits. Maintain a current copy of the information detailed in 
paragraphs (c)(8)(i) through (iii) of this section.
    (i) Information provided by materials suppliers or manufacturers, 
such as manufacturer's formulation data, or test data used to determine 
the mass fraction of VOHAP and density for each paint, thinner and/or 
other additive and the volume fraction of paint solids for each paint.
    (ii) Results of testing to determine mass fraction of VOHAP, 
density, or volume fraction of paint solids. You must keep a copy of 
the complete test report.
    (iii) If you use information provided to you by the manufacturer or 
supplier of the material that was based on

[[Page 18377]]

testing, you must keep the summary sheet of results provided to you by 
the manufacturer or supplier. You are not required to obtain the test 
report or other supporting documentation from the manufacturer or 
supplier.
    (9) Periodic records detailing compliance with the VOHAP limits. 
For each compliance period, you must keep the records specified in 
paragraphs (c)(9)(i) through (ix) of this section.
    (i) The painting operations on which you used each compliance 
option and the time periods (beginning and ending dates and times) for 
each option you used.
    (ii) For the HAP content limit option, a record of the calculation 
of the VOHAP content for each paint, using Equation 2 of Sec.  
63.11516(e)(3), ``Spray Painting VOHAP content requirements.''
    (iii) For the weighted-average VOHAP content limit option, you must 
keep the records of the information in paragraphs (c)(9)(iii)(A) 
through (C) of this section.
    (A) Calculation of the total mass of VOHAP content for the paints, 
thinners and/or other additives used each month using Equations 3, 3A, 
and 3B of Sec.  63.11516(e)(4), ``Spray painting VOHAP content 
requirements;''
    (B) If applicable, the calculation used to determine mass of VOHAP 
in waste materials according to Sec.  63.11516(e)(4)(vi), ``Spray 
painting VOHAP content requirements;''
    (C) Calculation of the total volume of paint solids used each month 
using Equation 4 of Sec.  63.11516(e)(4), ``Spray painting VOHAP 
content requirements,'' and
    (D) Calculation of the 12-month weighted-average VOHAP content 
using Equation 5 of Sec.  63.11516(e)(4), ``Spray painting VOHAP 
content requirements.''
    (iv) The name and volume of each paint, thinner and/or other 
additive used during each compliance period. If you are using the HAP 
content limit option for all paints at the source, you may maintain 
purchase records for each material used rather than a record of the 
volume used.
    (v) The mass fraction of VOHAP for each paint, thinner and/or other 
additive used during each compliance period unless the material is 
tracked by weight.
    (vi) The volume fraction of paint solids for each paint used during 
each compliance period.
    (vii) Records of the density for each paint, thinner and/or other 
additive used during each compliance period.
    (viii) If you use an allowance in Equation 3 of Sec.  
63.11516(e)(4), ``Spray painting VOHAP content requirements,'' for 
VOHAP contained in waste materials sent to or designated for shipment 
to a treatment, storage, and disposal facility (TSDF) according to 
Sec.  63.11516(e)(4)(vi), you must keep records of the information 
specified in paragraphs (c)(9)(viii)(A) through (C) of this section.
    (A) The name and address of each TSDF to which you sent waste 
materials for which you use an allowance in Equation 3 of Sec.  
63.11516(e)(4), ``Spray painting VOHAP content requirements;'' a 
statement of which subparts under 40 CFR parts 262, 264, 265, and 266, 
``Hazardous Waste Management,'' apply to the facility; and the date of 
each shipment.
    (B) Identification of the painting operations producing waste 
materials included in each shipment and the month or months in which 
you used the allowance for these materials in Equation 1 of Sec.  
63.11516(e)(4), ``Spray painting VOHAP content requirements.''
    (C) The methodology used in accordance with Sec.  63.11516(e)(4), 
``Spray painting VOHAP content requirements,'' to determine the total 
amount of waste materials sent to or the amount collected, stored, and 
designated for transport to a TSDF each month; and the methodology to 
determine the mass of VOHAP contained in these waste materials. This 
must include the sources for all data used in the determination, 
methods used to generate the data, frequency of testing or monitoring, 
and supporting calculations and documentation, including the waste 
manifest for each shipment.
    (ix) The date, time, and duration of each exceedence of the VOHAP 
content limits in Sec.  63.11516(e)(1),''VOHAP content limit option,'' 
or Sec.  63.11516(e)(2) ``Weighted-average VOHAP content limit 
option.''
    (10) Visual determination of emissions opacity performed during the 
preparation (or revision) of the Site-Specific Welding Emissions 
Management Plan. You must maintain a record of each visual 
determination of emissions opacity performed during the preparation (or 
revision) of a Site-Specific Welding Emissions Management Plan, in 
accordance with Sec.  63.11516(f)(7)(iii), ``Requirements for opacities 
exceeding 20 percent.''
    (11) Site-Specific Welding Emissions Management Plan. If you have 
been required to prepare a plan in accordance with Sec.  
63.11516(f)(7)(iii), ``Site-Specific Welding Emissions Management 
Plan,'' you must maintain a copy of your current Site-Specific Welding 
Emissions Management Plan in your records and readily available for 
inspector review.
    (12) Manufacturer's instructions. If you comply with this subpart 
by operating any equipment according to manufacturer's instruction, you 
must keep these instructions readily available for inspector review.
    (13) Your records must be maintained according to the requirements 
in paragraphs (c)(13)(i) through (iii) of this section.
    (i) Your records must be in a form suitable and readily available 
for expeditious review, according to Sec.  63.10(b)(1), ``General 
Provisions.'' Where appropriate, the records may be maintained as 
electronic spreadsheets or as a database.
    (ii) As specified in Sec.  63.10(b)(1), ``General Provisions,'' you 
must keep each record for 5 years following the date of each 
occurrence, measurement, corrective action, report, or record.
    (iii) You must keep each record on-site for at least 2 years after 
the date of each occurrence, measurement, corrective action, report, or 
record according to Sec.  63.10(b)(1), ``General Provisions.'' You may 
keep the records off-site for the remaining 3 years.


Sec.  63. 11520  [Reserved]

Other Requirements and Information


Sec.  63. 11521  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by EPA or a 
delegated authority such as your State, local, or tribal agency. If the 
EPA Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, in addition to the EPA, has the 
authority to implement and enforce this subpart. You should contact 
your EPA Regional Office to find out if implementation and enforcement 
of this subpart is delegated to your State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this 
subpart to a State, local, or tribal agency under 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this section 
are retained by the EPA Administrator and are not transferred to the 
State, local, or tribal agency.
    (c) The authorities that cannot be delegated to State, local, or 
tribal agencies are specified in paragraphs (c)(1) through (4) of this 
section.
    (1) Approval of an alternative non-opacity emissions standard under 
Sec.  63.6(g), of the General Provisions of this part.
    (2) Approval of an alternative opacity emissions standard under 
Sec.  63.6(h)(9), of the General Provisions of this part.
    (3) Approval of a major change to test methods under Sec.  
63.7(e)(2)(ii) and (f), of the General Provisions of this part. A 
``major change to test method'' is defined in Sec.  63.90.

[[Page 18378]]

    (4) Approval of a major change to monitoring under Sec.  63.8(f), 
of the General Provisions of this part. A ``major change to 
monitoring'' under is defined in Sec.  63.90.
    (5) Approval of a major change to recordkeeping and reporting under 
Sec.  63.10(f), of the General Provisions of this part. A ``major 
change to recordkeeping/reporting'' is defined in Sec.  63.90.


Sec.  63.11522  What definitions apply to this subpart?

    The terms used in this subpart are defined in the CAA; and in this 
section as follows:
    Add-on control device means equipment installed on a process vent 
or exhaust system that reduces the quantity of a pollutant that is 
emitted to the air.
    Adequate emission capture methods are hoods, enclosures, or any 
other duct intake devices with ductwork, dampers, manifolds, plenums, 
or fans designed to draw greater than 85 percent of the airborne dust 
generated from the process into the control device.
    Capture system means the collection of components used to capture 
gases and fumes released from one or more emissions points and then 
convey the captured gas stream to an add-on control device or to the 
atmosphere. A capture system may include, but is not limited to, the 
following components as applicable to a given capture system design: 
Duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, 
plenums, and fans.
    Cartridge collector means a type of add-on control device that uses 
perforated metal cartridges containing a pleated paper or non-woven 
fibrous filter media to remove PM from a gas stream by sieving and 
other mechanisms. Cartridge collectors can be designed with single use 
cartridges, which are removed and disposed after reaching capacity, or 
continuous use cartridges, which typically are cleaned by means of a 
pulse-jet mechanism.
    Confined abrasive blasting enclosure means an enclosure that 
includes a roof and at least two complete walls, with side curtains and 
ventilation as needed to insure that no air or PM exits the enclosure 
while dry abrasive blasting is performed. Apertures or slots may be 
present in the roof or walls to allow for mechanized transport of the 
blasted objects with overhead cranes, or cable and cord entry into the 
dry abrasive blasting chamber.
    Dry abrasive blasting means cleaning, polishing, conditioning, 
removing or preparing a surface by propelling a stream of abrasive 
material with compressed air against the surface. Hydroblasting, wet 
abrasive blasting, or other abrasive blasting operations which employ 
liquids to reduce emissions are not dry abrasive blasting.
    Dry grinding and dry polishing with machines means grinding or 
polishing without the use of lubricating oils or fluids.
    Fabric filter means a type of add-on air control device used for 
collecting PM by filtering a process exhaust stream through a filter or 
filter media; a fabric filter is also known as a baghouse.
    Facility maintenance means operations performed as part of the 
routine repair or renovation of equipment, machinery, and structures 
that comprise the infrastructure of the affected facility and that are 
necessary for the facility to function in its intended capacity. 
Facility maintenance also includes operations associated with the 
installation of new equipment or structures, and any processes as part 
of janitorial activities. Facility maintenance includes operations on 
stationary structures or their appurtenances at the site of 
installation, to portable buildings at the site of installation, to 
pavements, or to curbs. Facility maintenance also includes operations 
performed on mobile equipment, such as fork trucks, that are used in a 
manufacturing facility and which are maintained in that same facility. 
Facility maintenance does not include surface coating of motor 
vehicles, mobile equipment, or items that routinely leave and return to 
the facility, such as delivery trucks, rental equipment, or containers 
used to transport, deliver, distribute, or dispense commercial products 
to customers, such as compressed gas canisters.
    Grinding means a process performed on a workpiece prior to 
fabrication or finishing operations to remove undesirable material from 
the surface or to remove burrs or sharp edges. Grinding is done using 
belts, disks, or wheels consisting of or covered with various 
abrasives.
    Machining means dry metal turning, milling, drilling, boring, 
tapping, planing, broaching, sawing, cutting, shaving, shearing, 
threading, reaming, shaping, slotting, hobbing, and chamfering with 
machines. Shearing operations cut materials into a desired shape and 
size, while forming operations bend or conform materials into specific 
shapes. Cutting and shearing operations include punching, piercing, 
blanking, cutoff, parting, shearing and trimming. Forming operations 
include bending, forming, extruding, drawing, rolling, spinning, 
coining, and forging the metal. Processes specifically excluded are 
hand-held devices and any process employing fluids for lubrication or 
cooling.
    Manufacturer's formulation data means data on a material (such as a 
paint) that are supplied by the material manufacturer based on 
knowledge of the ingredients used to manufacture that material, rather 
than based on testing of the material with the test methods specified 
in Sec.  63.11516(e), ``Spray Painting VOHAP content requirements.'' 
Manufacturer's formulation data may include, but are not limited to, 
information on density, VOHAP content, volatile organic matter content, 
and paint solids content.
    Mass fraction of VOHAP means the ratio of the mass of volatile 
organic HAP (VOHAP) to the mass of a material in which it is contained, 
expressed as kg of organic HAP per kg of material.
    Metal fabrication and finishing HAP (MFHAP) means cadmium, 
chromium, lead, manganese, or nickel.
    Metal fabrication and finishing source categories are limited to 
operations described in Table 1 to this subpart.
    Metal fabrication or finishing operations means dry abrasive 
blasting, machining, spray painting, or welding in any one of the nine 
metal fabrication and finishing source categories listed in Table 1 to 
this subpart.
    Organic HAP content means the mass of volatile organic HAP (VOHAP) 
emitted per volume of paint solids used for a paint calculated using 
Equation 2 of Sec.  63.11516(e), ``Spray Painting VOHAP content 
requirements.'' The VOHAP content is determined for the paint in the 
condition it is in when received from its manufacturer or supplier and 
does not account for any alteration after receipt.
    Paint means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, coatings, sealants, liquid plastic coatings, 
caulks, inks, adhesives, and maskants. Decorative, protective, or 
functional materials that consist only of protective oils for metal, 
acids, bases, or any combination of these substances, or paper film or 
plastic film which may be pre-coated with an adhesive by the film 
manufacturer, are not considered paints for the purposes of this 
subpart.
    Paint solids means the nonvolatile portion of the paint that makes 
up the dry film.
    Polishing means an operation which removes fine excess metal from a 
surface to prepare the surface for more refined finishing procedures 
prior to plating or other processes. Polishing

[[Page 18379]]

may also be employed to remove burrs on castings or stampings. 
Polishing is performed using hard-faced wheels constructed of muslin, 
canvas, felt or leather, and typically employs natural or artificial 
abrasives. Polishing performed by hand without machines is not 
considered polishing for the purposes of this subpart.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Spray-applied painting means application of paints using a hand-
held device that creates an atomized mist of paint and deposits the 
paint on a substrate. For the purposes of this subpart, spray-applied 
painting does not include the following materials or activities:
    (1) Paints applied from a hand-held device with a paint cup 
capacity that is less than 3.0 fluid ounces (89 cubic centimeters).
    (2) Surface coating application using powder coating, hand-held, 
non-refillable aerosol containers, or non-atomizing application 
technology, including, but not limited to, paint brushes, rollers, hand 
wiping, flow coating, dip coating, electrodeposition coating, web 
coating, coil coating, touch-up markers, or marking pens.
    (3) Painting operations that normally require the use of an 
airbrush or an extension on the spray gun to properly reach limited 
access spaces; the application of paints that contain fillers that 
adversely affect atomization with HVLP spray guns, and the application 
of paints that normally have a dried film thickness of less than 0.0013 
centimeter (0.0005 in.).
    (4) Thermal spray operations (also known as metallizing, flame 
spray, plasma arc spray, and electric arc spray, among other names) in 
which solid metallic or non-metallic material is heated to a molten or 
semi-molten state and propelled to the work piece or substrate by 
compressed air or other gas, where a bond is produced upon impact.
    Thinner means an organic solvent that is added to a paint after the 
paint is received from the supplier.
    Tool or equipment repair means equipment and devices used to repair 
or maintain process equipment or to prepare molds, dies, or other 
changeable elements of process equipment.
    Totally enclosed and unvented means enclosed so that no air enters 
or leaves during operation.
    Totally enclosed and unvented dry abrasive blasting chamber means a 
dry abrasive blasting enclosure which has no vents to the atmosphere, 
thus no emissions. A typical example of this sort of abrasive blasting 
enclosure would be a small ``glove box'' enclosure, where the worker 
places their hands in openings or gloves that extend into the box and 
enable the worker to hold the objects as they are being blasted without 
allowing air and blast material to escape the box.
    Vented dry abrasive blasting means dry abrasive blasting where the 
blast material is moved by air flow from within the chamber to outside 
the chamber into the atmosphere or into a control system.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of paint solids means the ratio of the volume of 
paint solids (also known as the volume of nonvolatiles) to the volume 
of a paint in which it is contained; liters (gal) of paint solids per 
liter (gal) of paint.
    Welding means a process which joins two metal parts by melting the 
parts at the joint and filling the space with molten metal.
    Wind event means an occurrence when the 60-minute average wind 
speed is greater than 25 miles per hour.


Sec.  63.11523  What General Provisions apply to this subpart?

    The provisions in 40 CFR part 63, subpart A, applicable to sources 
subject to Sec.  63.11514(a) are specified in Table 4 of this subpart.

 Table 1 to Subpart XXXXXX of Part 63.--Description of Source Categories
                        Affected by This Subpart
------------------------------------------------------------------------
   Metal fabrication and finishing
           source category                        Description
------------------------------------------------------------------------
Electrical and Electronic Equipment    Establishments primarily engaged
 Finishing Operations.                  in high energy particle
                                        acceleration systems and
                                        equipment, electronic
                                        simulators, appliance and
                                        extension cords, bells and
                                        chimes, insect traps, and other
                                        electrical equipment and
                                        supplies not elsewhere
                                        classified. Also, establishments
                                        primarily engaged in
                                        manufacturing electric motors
                                        (except engine starting motors)
                                        and power generators; motor
                                        generator sets; railway motors
                                        and control equipment; and
                                        motors, generators and control
                                        equipment for gasoline,
                                        electric, and oil-electric buses
                                        and trucks.
Fabricated Metal Products............  Establishments primarily engaged
                                        in manufacturing fabricated
                                        metal products, such as fire or
                                        burglary resistive steel safes
                                        and vaults and similar fire or
                                        burglary resistive products; and
                                        collapsible tubes of thin
                                        flexible metal. Also,
                                        establishments primarily engaged
                                        in manufacturing powder
                                        metallurgy products, metal
                                        boxes; metal ladders; metal
                                        household articles, such as ice
                                        cream freezers and ironing
                                        boards; and other fabricated
                                        metal products not elsewhere
                                        classified.
Fabricated Plate Work (Boiler Shops).  Establishments primarily engaged
                                        in manufacturing power marine
                                        boilers, pressure and
                                        nonpressure tanks, processing
                                        and storage vessels, heat
                                        exchangers, weldments and
                                        similar products.
Fabricated Structural Metal            Establishments primarily engaged
 Manufacturing.                         in fabricating iron and steel or
                                        other metal for structural
                                        purposes, such as bridges,
                                        buildings, and sections for
                                        ships, boats, and barges.

[[Page 18380]]

 
Heating Equipment, except Electric...  Establishments primarily engaged
                                        in manufacturing heating
                                        equipment, except electric and
                                        warm air furnaces, including
                                        gas, oil, and stoker coal fired
                                        equipment for the automatic
                                        utilization of gaseous, liquid,
                                        and solid fuels. Products
                                        produced in this source category
                                        include low-pressure heating
                                        (steam or hot water) boilers,
                                        fireplace inserts, domestic
                                        (steam or hot water) furnaces,
                                        domestic gas burners, gas room
                                        heaters, gas infrared heating
                                        units, combination gas-oil
                                        burners, oil or gas swimming
                                        pool heaters, heating apparatus
                                        (except electric or warm air),
                                        kerosene space heaters, gas
                                        fireplace logs, domestic and
                                        industrial oil burners,
                                        radiators (except electric),
                                        galvanized iron nonferrous metal
                                        range boilers, room heaters
                                        (except electric), coke and gas
                                        burning salamanders, liquid or
                                        gas solar energy collectors,
                                        solar heaters, space heaters
                                        (except electric), mechanical
                                        (domestic and industrial)
                                        stokers, wood and coal-burning
                                        stoves, domestic unit heaters
                                        (except electric), and wall
                                        heaters (except electric).
Industrial Machinery and Equipment     Establishments primarily engaged
 Finishing Operations.                  in manufacturing heavy machinery
                                        and equipment of types used
                                        primarily by the construction
                                        industries, such as bulldozers;
                                        concrete mixers; cranes, except
                                        industrial plant overhead and
                                        truck-type cranes; dredging
                                        machinery; pavers; and power
                                        shovels. Also establishments
                                        primarily engaged in
                                        manufacturing forestry equipment
                                        and certain specialized
                                        equipment, not elsewhere
                                        classified, similar to that used
                                        by the construction industries,
                                        such as elevating platforms,
                                        ship cranes, and capstans,
                                        aerial work platforms, and
                                        automobile wrecker hoists. In
                                        addition, establishments
                                        primarily engaged in
                                        manufacturing machinery and
                                        equipment for use in oil and gas
                                        fields or for drilling water
                                        wells, including portable
                                        drilling rigs. Also,
                                        establishments primarily engaged
                                        in manufacturing pumps and
                                        pumping equipment for general
                                        industrial, commercial, or
                                        household use, except fluid
                                        power pumps and motors. This
                                        category includes establishments
                                        primarily engaged in
                                        manufacturing domestic water and
                                        sump pumps.
Iron and Steel Forging...............  Establishments primarily engaged
                                        in the forging manufacturing
                                        process, where purchased iron
                                        and steel metal is pressed,
                                        pounded or squeezed under great
                                        pressure into high strength
                                        parts known as forgings. The
                                        forging process is different
                                        from the casting and foundry
                                        processes, as metal used to make
                                        forged parts is never melted and
                                        poured.
Primary Metals Products Manufacturing  Establishments primarily engaged
                                        in manufacturing products such
                                        as fabricated wire products
                                        (except springs) made from
                                        purchased wire. These facilities
                                        also manufacture steel balls;
                                        nonferrous metal brads and
                                        nails; nonferrous metal spikes,
                                        staples, and tacks; and other
                                        primary metals products not
                                        elsewhere classified.
Valves and Pipe Fittings.............  Establishments primarily engaged
                                        in manufacturing metal valves
                                        and pipe fittings; flanges;
                                        unions, with the exception of
                                        purchased pipes; and other
                                        valves and pipe fittings not
                                        elsewhere classified.
------------------------------------------------------------------------

    Instructions for Table 2--You may use the mass fraction values in 
the following table for solvent blends for which you do not have test 
data or manufacturer's formulation data and which match either the 
solvent blend name or the chemical abstract series (CAS) number. If a 
solvent blend matches both the name and CAS number for an entry, that 
entry's organic HAP mass fraction must be used for that solvent blend. 
Otherwise, use the organic HAP mass fraction for the entry matching 
either the solvent blend name or CAS number, or use the organic HAP 
mass fraction from Table 2 to this subpart if neither the name nor CAS 
number match.

    Table 2 to Subpart XXXXXX of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
                                                                 Average organic    Typical organic HAP, percent
           Solvent/solvent blend                 CAS No.        HAP mass fraction             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.

[[Page 18381]]

 
13. Lactol spirits........................         64742-89-6               0.15   Toluene.
14. Low aromatic white spirit.............         64742-82-1               0      None.
15. Mineral spirits.......................         64742-88-7               0.01   Xylenes.
16. Hydrotreated naphtha..................         64742-48-9               0      None.
17. Hydrotreated light distillate.........         64742-47-8               0.001  Toluene.
18. Stoddard Solvent......................          8052-41-3               0.01   Xylenes.
19. Super high-flash naphtha..............         64742-95-6               0.05   Xylenes.
20. Varsol [reg] solvent..................          8052-49-3               0.01   0.5% xylenes, 0.5%
                                                                                    ethylbenzene.
21. VM & P naphtha........................         64742-89-8               0.06   3% toluene, 3% xylene.
22. Petroleum distillate mixtures.........         68477-31-6               0.08   4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------

    Instructions for Table 3--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 XXXXXX of Part 63.--Default Organic HAP Mass Fraction
                      for Petroleum Solvent Groupsa
------------------------------------------------------------------------
                                       Average
                                     organic HAP   Typical organic HAP,
            Solvent type                 mass         percent by mass
                                       fraction
------------------------------------------------------------------------
Aliphatic b........................         0.03  1% Xylene, 1% Toluene,
                                                   1% Ethylbenzene, 1%
                                                   Ethylbenzene, 1%
                                                   Toluene, 1%
                                                   Ethylbenzene.
Aromatic c.........................         0.06  4% Xylene, 1% Toluene,
                                                   1% Ethylbenzene.
------------------------------------------------------------------------
a Use this table only if the solvent blend does not match any of the
  solvent blends in Table 2 to this subpart by either solvent blend name
  or CAS number 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.

    Instructions for Table 4--As required in Sec.  63.11523, ``General 
Provisions Requirements,'' you much meet each requirement in the 
following table that applies to you.

     Table 4 to Subpart XXXXXX of Part 63.--Applicability of General
        Provisions to Metal Fabrication or Finishing Area Sources
------------------------------------------------------------------------
               Citation                              Subject
------------------------------------------------------------------------
63.1 \1\..............................  Applicability.
63.2..................................  Definitions.
63.3..................................  Units and abbreviations.
63.4..................................  Prohibited activities.
63.5..................................  Construction/reconstruction.
63.6(a), (b)(1)-(b)(5), (c)(1),         Compliance with standards and
 (c)(2), (c)(5), (g), (i), (j).          maintenance requirements.
63.9(a)-(d)...........................  Notification requirements.
63.10(a), (b) except for (b)(2),        Recordkeeping and reporting.
 (d)(1), (d)(4).
63.12.................................  State authority and delegations.
63.13.................................  Addresses of State air pollution
                                         control agencies and EPA
                                         regional offices.
63.14.................................  Incorporation by reference.
63.15.................................  Availability of information and
                                         confidentiality.
63.16.................................  Performance track provisions.
------------------------------------------------------------------------
\1\ Sec.   63.11514(g), ``Am I subject to this subpart?'' exempts
  affected sources from the obligation to obtain title V operating
  permits.

 [FR Doc. E8-6411 Filed 4-2-08; 8:45 am]
BILLING CODE 6560-50-P