[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Rules and Regulations]
[Pages 42978-43011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16263]



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Part III





Environmental Protection Agency





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40 CFR Part 63



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

  Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / 
Rules and Regulations  

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2006-0306; FRL-8683-3]
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: Final rule.

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SUMMARY: EPA is issuing national emission standards for control of 
hazardous air pollutants for nine metal fabrication and finishing area 
source categories (identified in section I.A. below). This final rule 
establishes 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 
standards reflect EPA's determination regarding the generally 
achievable control technology and/or management practices for the nine 
area source categories.

DATES: This final rule is effective on July 23, 2008. The incorporation 
by reference of certain publications listed in this final rule is 
approved by the Director of the Federal Register as of July 23, 2008.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2006-0306. All documents in the docket are listed in the 
Federal Docket Management System index at 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 National Emission Standards for Hazardous Air 
Pollutants for Nine Metal Fabrication and Finishing Area Source 
Categories 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. Where can I get a copy of this document?
    C. Judicial Review
II. Background Information for This Final Rule
III. Summary of Major Changes Since Proposal
    A. Applicability
    B. Compliance Dates
    C. Standards and Compliance Requirements
    D. Reporting and Recordkeeping Requirements
    E. Definitions
    F. Other
IV. Summary of Final Standards
    A. Do the final standards apply to my source?
    B. When must I comply with these standards?
    C. What processes does this final rule address?
    D. What are the emissions control requirements?
    E. What are the initial compliance requirements?
    F. What are the continuous compliance requirements?
    G. What are the notification, recordkeeping, and reporting 
requirements?
V. Summary of Comments and Responses
    A. Applicability
    B. Compliance Dates
    C. Scope of Rule
    D. Impacts of Rule
    E. Management Practices
    F. Monitoring
VI. Impacts of the Final 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?
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health 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
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    The regulated categories and entities potentially affected by this 
final action are shown in Table 1 below. This final rule applies to 
area sources \a\ where the primary activity of their facilities is 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. More specifically, this rule applies to area 
sources in these nine source categories that use or have the potential 
to emit compounds of cadmium, chromium, lead, manganese, or nickel from 
metal fabrication or finishing operations. Facilities affected by this 
final 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 final rule. There potentially 
may be other operations at the area sources that are not subject to the 
requirements of this final rule, but are instead subject to subpart 
HHHHHH of this part.
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    \a\ Section 112(a) of the Clean Air Act defines an area source 
as any stationary source of HAP that is not a major source. A major 
source is defined as any stationary source or group of stationary 
sources located within a contiguous area and under common control 
that emits, or has the potential to emit, considering controls, in 
the aggregate, 10 tons per year (tpy) or more of any single HAP or 
25 tpy or more of any combination of HAP.

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                        Table 1.--Regulated Categories and Entities Potentially Affected
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Metal fabrication and finishing category   NAICS codes \1\             Examples of regulated entities
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Electrical and Electronics Equipment        335999, 335312  Establishments primarily engaged in manufacturing
 Finishing Operations.                                       motors and generators; and electrical machinery,
                                                             equipment, and supplies, not elsewhere classified.
                                                             The electrical machinery equipment and supplies
                                                             industry sector of this source category 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 of this source category 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, 332999  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)....   332313, 332410,  Establishments primarily engaged in manufacturing
                                                    332420   power and marine boilers, pressure and nonpressure
                                                             tanks, processing and storage vessels, heat
                                                             exchangers, weldments and similar products.
Fabricated Structural Metal                         332312  Establishments primarily engaged in fabricating iron
 Manufacturing.                                              and steel or other metal for structural purposes,
                                                             such as bridges, buildings, and sections for ships,
                                                             boats, and barges.
Heating Equipments, except Electric.....            333414  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
                                                             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         333120, 333132,  Establishments primarily engaged in construction
 Finishing Operations.                              333911   machinery manufacturing; oil and gas field
                                                             machinery manufacturing; and pumps and pumping
                                                             equipment manufacturing. The construction machinery
                                                             manufacturing industry sector of this source
                                                             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 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 filed machinery
                                                             manufacturing industry sector of this source
                                                             category 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. The pumps and
                                                             pumping equipment industry sector of this source
                                                             category 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 Manufacturing...            332618  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................            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.
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\1\ North American Industry Classification System.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be effected by this 
action. 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. To determine whether your 
facility would be regulated by this action you should examine the 
applicability criteria in the final rule (40 CFR 63.11514, ``Am I 
subject to this subpart?''). 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

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listed in 40 CFR 63.13 of subpart A (General Provisions).

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

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the Worldwide Web (WWW) 
through EPA's Technology Transfer Network (TTN). Following signature, a 
copy of this final 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.

C. Judicial Review

    Under section 307(b)(1) of the Clean Air Act (CAA), judicial review 
of this final rule is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
by September 22, 2008. Under section 307(b)(2) of the CAA, the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by EPA to 
enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[o]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for EPA to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to EPA that it was impracticable to raise such objection within [the 
period for public comment] or if the grounds for such objection arose 
after the period for public comment (but within the time specified for 
judicial review) and if such objection is of central relevance to the 
outcome of the rule.'' Any person seeking to make such a demonstration 
to us should submit a Petition for Reconsideration to the Office of the 
Administrator, U.S. EPA, Room 3000, Ariel Rios Building, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, with a copy to both the 
person(s) listed in the preceding FOR FURTHER INFORMATION CONTACT 
section, and the Associate General Counsel for the Air and Radiation 
Law Office, Office of General Counsel (Mail Code 2344A), U.S. EPA, 1200 
Pennsylvania Ave., NW., Washington, DC 20460.

II. Background Information for This Final Rule

    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 hazardous air pollutants (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 selected these nine source categories for regulation 
based on these required analyses. We then implemented these 
requirements through the Integrated Urban Air Toxics Strategy (64 FR 
38715, July 19, 1999) and subsequent updates to the source category 
list.
    Under CAA section 112(d)(5), we may elect to promulgate standards 
or requirements for area sources ``which provide for the use of 
generally available control technologies or management practices by 
such sources to reduce emissions of hazardous air pollutants.'' As 
explained in the preamble to the proposed NESHAP, we are issuing 
standards based on generally available control technology (GACT).
    We are issuing these final 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 (72 FR 38864, July 16, 
2007.) Other rulemakings will include standards for the remaining 
source categories that are due in June 2008.

III. Summary of Major Changes Since Proposal

A. Applicability

    In response to comments, we made several changes to clarify the 
applicability of this final rule. Specifically, we have revised the 
definition of metal fabrication and finishing HAP (MFHAP) to mean any 
compound of cadmium, chromium, lead, manganese, and nickel. We also 
clarified throughout this final rule that this final rule applies only 
to area sources in the nine source categories that use or have the 
potential to emit MFHAP.\b\ In addition, we have revised the definition 
of MFHAP to clarify that material that ``contains'' MFHAP means a 
material containing one or more MFHAP as shown in formulation data 
provided by the manufacturer or supplier, such as the Material Safety 
Data Sheet for the material. Any material that does not contain 
cadmium, chromium, lead, or nickel in amounts greater than or equal to 
0.1 percent by weight (as the metal), and does not contain manganese in 
amounts greater than or equal to 1.0 percent by weight (as the metal), 
is not considered to be a material containing MFHAP. We have also added 
language clarifying that the rule does not apply to military 
installations, NASA and National Nuclear Security facilities, and 
aerospace facilities.
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    \b\ Note that the control devices and management practices that 
control and/or reduce emissions of MFHAP in this rule also control 
and/or reduce emissions of all HAP (including the additional metal 
HAP of arsenic, cobalt, and selenium, for example) that have the 
potential to be emitted, as those HAP are included in, or adsorbed 
or condensed onto, the PM. All potential metal HAP emissions are 
thereby controlled because the equipment standards and management 
practices in this rule control particulate matter (PM) as a 
surrogate for MFHAP and any other metal HAP (as listed above), that 
have the potential to be emitted, via these PM controls.
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B. Compliance Dates

    We made changes to the compliance dates of this final rule. 
Specifically, we have extended the two-year compliance period to three 
years for existing affected sources. We have also corrected errors in 
the compliance dates for new sources.

C. Standards and Compliance Requirements

    In response to comments, we have made several changes to the 
standards for operations at the nine metal fabrication and finishing 
source categories, and more specific changes to the standards for 
abrasive blasting, painting, and welding.

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    For all operations where the proposed rule required regularly 
scheduled sweeping, we have changed the requirement to take measures 
necessary to minimize excess dust.
    For abrasive blasting, we have revised the rule text to clarify the 
requirements for objects greater than 8 feet in any dimension. These 
objects are allowed to be abrasive blasted without control devices, but 
sources must still comply with all applicable management practices for 
such operations and conduct visible emissions monitoring. We have also 
changed the requirements for outdoor abrasive blasting to remove the 
prohibition on blasting during wind events and on substrates with 
coatings containing lead.
    For painting operations, in response to comments we have removed 
the VOHAP coating limit requirements. Also, we have revised the 
provisions regulating MFHAP emissions from painting so that sources in 
the Fabricated Structural Metal Manufacturing source category (Standard 
Industrial Classification (SIC) 3441, NAICS 332312) are only subject to 
the spray painting management practices (i.e., use of HVLP paint guns, 
painter training and certification, and spray gun cleaning 
requirements).
    For welding, we have revised the rule to clarify that the 
management practices are to be implemented ``as practicable,'' and in 
accordance with sound welding engineering principles, while maintaining 
required weld quality. We have also removed the requirement for 
specific control efficiency for welding fume control systems.
    We have also changed the process by which facilities seek approval 
to use an alternative equipment standard other than those specifically 
listed in this final rule. In the proposal we indicated that facilities 
that would like to use equipment other than those listed must seek 
approval to do so pursuant to the procedures in Sec.  63.6(g) of the 
General Provisions to part 63. We did not receive any comments on this 
part of the proposal, nor did any commenters identify any alternative 
equipment standards that are equivalent to those specified in this 
final rule. We believe that facilities should be able to request 
approval to use an alternative equipment standard, and therefore, we 
have identified two different options available to facilities that 
would like to use alternative equipment that achieves at least 
equivalent MFHAP emission reductions as the controls specified in this 
final rule: (1) Facilities may petition the Agency to amend this final 
rule pursuant to section 553(e) of the Administrative Procedure Act, or 
(2) facilities may work with state permitting authorities pursuant to 
EPA's regulations at 40 CFR subpart E (``Approval of State Programs and 
Delegation of Federal Authorities''). Subpart E implements section 
112(l) of the CAA, which authorizes EPA to approve alternative state/
local/tribal HAP standards or programs when such requirements are 
demonstrated to be no less stringent than EPA promulgated standards. We 
believe that these options are more appropriate mechanisms for area 
sources subject to section 112(d)(5) rules to obtain approval of 
alternative equipment standards.
    In response to comments, we have also made several changes to the 
compliance requirements. We eliminated the visual determination of 
fugitive emissions requirements for dry abrasive blasting performed in 
vented chambers, dry grinding and dry polishing with machines, and 
machining. We have maintained the visual determination of fugitive 
emissions requirement for abrasive blasting of objects greater than 8 
feet in any dimension performed without the use of a control device. We 
have changed the graduated schedule for visible emissions testing to 
allow for quarterly testing after three months of successful monthly 
tests (i.e., tests where no visible emissions are detected). We have 
also removed the visual emissions determination requirements for 
smaller welding operations that annually use less than 2,000 pounds of 
welding rod containing one or more MFHAP.

D. Reporting and Recordkeeping Requirements

    We have revised Sec.  63.11519, ``What are my notification, 
reporting, and recordkeeping requirements?'' of this final rule to add 
a requirement for submittal of annual certification and compliance 
reports (which were already required to be prepared and maintained on-
site.) We have also corrected the submittal dates for the Initial 
Notification and Compliance of Notification Status reports.

E. Definitions

    We have made several changes to the definitions in Sec.  63.11522, 
``What definitions apply to this subpart?'', of this final rule and 
have added definitions for other terms used in this final rule. We 
added definitions for control device, filtration control device, 
material containing MFHAP, military munitions, and quality control 
activities. We have revised the definitions of dry grinding and 
polishing with machines, facility maintenance, and MFHAP.

F. Other

    We also corrected some typographical errors that appeared in 
various sections of the proposed rule.

IV. Summary of Final Standards

A. Do the final standards apply to my source?

    This final rule (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 use or 
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). Source categories 
affected by this final 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 
operations subject to the requirements of this final rule. There 
potentially may be other operations at the facility not subject to the 
requirements of this final rule that are instead subject to subpart 
HHHHHH of this part.

B. When must I comply with these standards?

    All existing area source facilities subject to this final rule will 
be required to comply with the rule requirements no later than July 25, 
2011. New sources must comply with the requirements of this final rule 
by July 23, 2008 or start-up; whichever is later.

C. What processes does this final rule address?

    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

[[Page 42982]]

dry polishing with machines; (3) machining; (4) spray painting; and (5) 
welding, which we have further differentiated into nine distinct metal 
fabrication and finishing processes.
    For dry abrasive blasting operations, this final rule addresses 
three distinct types of blasting operations: (1) Those performed in 
completely enclosed chambers that do not allow any air or emissions to 
escape, (2) those performed in vented enclosures, and (3) those 
performed on objects greater than 8 feet in any dimension that are not 
performed in vented enclosures.
    We identified three distinct types of spray painting operations 
that emit MFHAP: (1) Operations that spray paint objects less than or 
equal to 15 feet in any dimension where paint spray booths or spray 
rooms are commonly used; (2) operations that spray paint objects 
greater than 15 feet in any dimension for which paint spray booths or 
spray rooms are not used; and (3) spray painting operations in the 
Fabricated Structural Metal Manufacturing source category, which also 
do not use paint spray booths or spray rooms. The latter two types of 
processes that do not use spray booths or spray rooms were combined for 
applicability of this final rule. Therefore this final rule addresses: 
(1) Spray painting of objects, in general, and (2) spray painting of 
objects greater than 15 feet in any dimension or spray painting 
operations in the Fabricated Structural Metal Manufacturing source 
category.
    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 the two for painting described above, results in 
eight total processes addressed by this final rule, as follows: (1) Dry 
abrasive blasting performed in completely enclosed and unvented blast 
chambers; (2) dry abrasive blasting performed in vented enclosures; (3) 
dry abrasive blasting of objects greater than 8 feet in any dimension 
that are not performed in vented enclosures; (4) dry grinding and dry 
polishing with machines; (5) machining; (6) control of MFHAP in the 
spray painting of objects in paint spray booths or spray rooms; (7) 
control of MFHAP in the spray painting of objects greater than 15 feet 
in any dimension, or spray painting operations in the Fabricated 
Structural Metal Manufacturing source category; and (8) welding.

D. What are the emissions control requirements?

    The following is a description of the control requirements for the 
eight metal fabrication and finishing processes described above in 
section III.C of this preamble. The control requirements only apply 
when an operation is being performed that uses materials that contain 
or have the potential to emit MFHAP.\c\ The definition of 
``containing'' MFHAP is identical to the Occupational Safety and Health 
Administration (OSHA) definitions specified in 29 CFR 1910.1200(d)(4), 
where carcinogens are contained in quantities of 0.1 percent by mass or 
more, and 1.0 percent by mass or more for noncarcinogens, as shown in 
formulation data provided by the manufacturer or supplier, such as the 
Material Safety Data Sheet for the material. For MFHAP, this 
corresponds to materials that contain cadmium, chromium, lead, or 
nickel in amounts greater than or equal to 0.1 percent by weight (as 
the metal), and manganese in amounts greater than or equal to 1.0 
percent by weight (as the metal).
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    \c\ See footnote (b) above that discusses the co-control of all 
HAP via control of MFHAP with the PM controls of this rule.
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1. Standards for Dry Abrasive Blasting 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 final rule requires 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 Performed in Vented Enclosures
    This final rule requires owners or operators of affected new and 
existing dry abrasive blasting operations performed in vented 
enclosures 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 to control particulate matter (PM) emissions, as a 
surrogate for MFHAP, from the process.
    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 ensure that no air or PM exits the chamber while blasting is 
performed. Apertures or slots may be present in the roof or walls to 
allow for transport of the blasted objects using overhead cranes, or 
cable and cord entry into the blasting chamber.
    This final rule also requires owners or operators of all affected 
new and existing dry abrasive blasting operations performed in vented 
enclosures to comply with the following three management and pollution 
prevention practices: (1) As practicable, take measures necessary to 
minimize excess dust in the surrounding area to reduce MFHAP emissions; 
(2) enclose abrasive material storage areas and holding bins, seal 
chutes and conveyors transporting abrasive materials; 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 final rule requires owners or operators of affected new and 
existing dry abrasive blasting operations that perform abrasive 
blasting on substrates greater than 8 feet in any dimension without 
control systems to comply with the following four management and 
pollution prevention practices to minimize MFHAP emissions from the 
processes: (1) Switch from high PM-emitting blast media (e.g., sand) to 
low PM-emitting blast media (e.g., crushed glass, specular hematite, 
steel shot, aluminum oxide), whenever practicable; (2) 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; (3) enclose abrasive material storage areas and holding 
bins, seal chutes and conveyors transporting abrasive materials; and 
(4) operate all equipment according to manufacturer's instructions. 
This final rule also requires that visible emissions monitoring be 
performed.
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 MFHAP. Dry grinding and dry 
polishing with machines operations do not include dry grinding and dry 
polishing operations performed with hand-held or bench-scale devices.
    This final rule requires owners or operators of affected new and 
existing

[[Page 42983]]

dry grinding and dry polishing with machines operations to capture PM 
emissions, as a surrogate for MFHAP, and vent the exhaust to a 
cartridge, fabric, or HEPA filter.
    This final rule also requires 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) As practicable, take measures necessary to minimize 
excess dust in the surrounding area to reduce PM emissions; 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 final 
rule requires 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) As practicable, take measures necessary to minimize 
excess dust in the surrounding area to reduce PM emissions; and (2) 
operate equipment used in machining operations according to 
manufacturer's instructions.
6. Standards for Control of MFHAP From Spray Painting
    This final rule requires new and existing spray painting affected 
sources to comply with two equipment standards: (1) Use of spray booths 
or spray rooms equipped with PM filters and (2) the use of low-emitting 
and pollution preventing spray gun technology. This final rule also 
requires two management practices associated with the spray gun 
technology: (1) Spray painter training; and (2) spray gun cleaning. The 
requirement for PM filters does not apply to spray painting of objects 
greater than 15 feet in any dimension and spray painting at Fabricated 
Structural Metal Manufacturing facilities not performed in spray 
booths, which are discussed separately in IV.D.7, below.
    The following painting activities are not covered in this final 
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 Booth PM Control Requirement. This final rule requires the 
spray booths or spray rooms \d\ of affected new and existing facilities 
to be fitted with fiberglass or polyester fiber filters or other 
comparable filter technology that has been demonstrated to achieve at 
least 98 percent control efficiency of paint overspray (also referred 
to as ``arrestance''). As an alternate compliance option, spray booths 
or spray rooms can be equipped with a water curtain, called a 
``waterwash'' or ``waterspray'' booth.
---------------------------------------------------------------------------

    \d\ 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 or spray rooms 
equipped with a PM filter, 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). 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 must 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 
(psi); 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 the 98 
percent efficiency requirement and would not be required to perform 
this measurement.
    Waterwash spray booths or spray rooms--As an alternative compliance 
option, spray booths or spray rooms may be equipped with a water 
curtain that achieves at least 98 percent control of MFHAP. The 
waterwash or ``waterspray'' spray booths or spray rooms must be 
required to operated and maintained according to the manufacturer's 
specifications.
    Spray Gun Technology Requirements. This final rule requires all 
affected new and existing facilities using spray-applied paints to use 
HVLP spray guns, electrostatic application, or airless spray 
techniques.
    If you would like to use paint spray equipment that you believe is 
equivalent to HVLP spray guns, you must seek the appropriate approval, 
as explained above in section III.C. The method that you use to show 
the equivalency of the alternate spray equipment must conform with 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).
    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

[[Page 42984]]

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 requirements of 
this paragraph do not apply to painting performed by students and 
instructors at paint training centers.
    Spray Painting Training Requirements. This final rule requires 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 must be certified as having 
completed classroom or hands-on training in the proper selection, 
mixing, and application of paints. Refresher training must be repeated 
at least once every 5 years. These requirements do not apply to 
operators of robotic or automated surface painting operations. The 
initial and refresher training must 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 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 are not required to provide the initial training 
required for these painters.
    Spray painters at existing sources must be trained by the 
compliance date, or 180 days after hiring, whichever is later. Spray 
painters at new sources must be trained and certified no later than 
January 20, 2009, 180 days after startup, or 180 days after hiring, 
whichever is later. These 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 
rule is valid for a period not to exceed 5 years after the date the 
training is completed.
    Spray Gun Cleaning Requirements. This final rule requires all paint 
spray gun cleaning operations at affected new and existing facilities 
to be done with either non-HAP gun cleaning solvents, or in such a 
manner that an atomized mist or spray of spray 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, 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.
7. Standards for Control of MFHAP From Spray Painting of Objects 
Greater Than 15 Feet in Any Dimension and Spray Painting at Fabricated 
Structural Metal Manufacturing Facilities Not Performed in Spray Booths
    This final rule requires owners or operators of new and existing 
spray painting affected sources which paint objects greater than 15 
feet in any dimension and owners or operators of new and existing spray 
painting affected sources in the Fabricated Structural Metal 
Manufacturing source category, that are not performed in spray booths, 
to comply with an equipment standard, the use of low-emitting and 
pollution preventing spray gun technology. This final rule also 
requires two management practices: (1) Spray painter training and (2) 
spray gun cleaning. Paint operations that comply with these 
requirements do not need to comply with the PM filter requirements 
listed above for spray painting of objects in spray booths.
    Sources subject to the MFHAP requirements from spray painting 
objects greater than 15 feet in any dimension must also meet the same 
requirements for spray gun technology standards, spray painting 
training requirements, and spray gun cleaning requirements as those 
specified above in IV.D.6 for the spray painting of objects in paint 
spray booths or rooms.
8. Standards for Welding
    This final rule requires owners or operators of affected new and 
existing welding operations to minimize emissions of MFHAP by 
implementing one or more of the following management practices to be 
used as practicable, while concurrently maintaining the required 
welding quality through the application of sound welding engineering 
judgment:
    (A) Use of welding processes with reduced fume generation 
capabilities (e.g., gas metal arc welding (GMAW)--also called metal 
inert gas welding (MIG));
    (B) Use of welding process variations (e.g., pulsed GMAW), which 
can reduce fume generation rates;
    (C) Use of welding filler metals, shielding gases, carrier gases, 
or other process materials which are capable of reduced welding fume 
generation;
    (D) Optimize welding process variables (e.g., electrode diameter, 
voltage, amperage, welding angle, shield gas flow rate, travel speed) 
to reduce the amount of welding fume generated; and
    (E) Use of a welding fume capture and control system, operated 
according to the manufacturer's specifications.

E. What are the initial compliance requirements?

    To demonstrate initial compliance with this final 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 must 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 use or have the potential 
to emit MFHAP must also certify that they are in compliance with the 
following requirements: use of PM filters in spray booths or spray 
rooms; 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 of objects greater than 8 feet in any dimension; PM control 
efficiency rating of filters used in spray painting objects in spray 
booths or spray

[[Page 42985]]

rooms for MFHAP control; and visual emissions testing for welding at 
facilities that use 2,000 pounds or more per year of MFHAP-containing 
welding rod (on a rolling 12-month average basis). These requirements 
are discussed in more detail below.
1. Continuous Compliance Requirements for All Sources
    This final rule requires owners or operators of all affected new 
and existing sources to demonstrate continuous compliance by adhering 
to the management practices specified in this final rule and 
maintaining the appropriate records to document this compliance.
    Owners or operators that comply with this final rule by operating 
capture and control systems must operate and maintain each capture 
system and control device according to the manufacturer's 
specifications. They also must maintain records to document conformance 
with this requirement and keep the manufacturer's instruction manual 
available at the facility at all times.
2. Visual Emissions Testing for Dry Abrasive Blasting of Objects 
Greater Than 8 Feet in Any Dimension To Determine Continuous Compliance
    Visible Emissions Testing. For new and existing affected sources of 
dry abrasive blasting operations of objects greater than 8 feet in any 
dimension who comply with the provisions of Sec.  63.11516(a)(3), 
``What are my standards and management practices?'', this final rule 
requires 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 of dry abrasive blasting of objects greater 
than 8 feet in any dimension must perform visual determinations of 
fugitive emissions, according to the graduated schedule described 
below, using EPA Method 22 (40 CFR part 60, appendix A-7) for a period 
of 15 continuous minutes at the fence line or property border nearest 
to the outdoor abrasive blasting operation, or at the primary vent, 
stack, exit, or opening from the building for indoor blasting 
operations. The presence of visible emissions must 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 
corrective action is required to reduce or eliminate the visible 
emissions. The affected source is then 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 to quarterly testing, is as 
follows.
    Affected sources of dry abrasive blasting of objects greater than 8 
feet in any dimension are 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 four consecutive weekly Method 22 tests, the 
affected source can be tested once per consecutive 21 days (month) of 
operation. If no visible emissions are observed during three 
consecutive monthly Method 22 tests, the affected source can be tested 
once per consecutive three months of operation (quarterly). If any 
visible emissions are observed during the weekly, monthly, or quarterly 
testing, the affected source must resume visible emissions testing on 
the more frequent schedule, i.e. , weekly visible emissions testing is 
increased to daily, monthly testing is increased to weekly, and 
quarterly testing is increased to monthly.
3. Tests for Spray Painting for MFHAP Control To Determine Continuous 
Compliance
    Affected new and existing facilities that perform spray painting 
must 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 closed when not in 
use.
    In addition, for spray painting objects less than or equal to 15 
feet in any dimension (except for spray painting affected sources in 
the Fabricated Structural Metal Manufacturing source category), owners 
or operators of affected processes must ensure and certify that paint 
spray booths or spray rooms are fitted with fiberglass or polyester 
fiber filters or other comparable filter or waterspray technology that 
can be demonstrated to achieve at least 98 percent control efficiency 
of the MFHAP in the paint.
4. Visual Emissions Testing for Welding To Determine Continuous 
Compliance
    For new and existing affected sources with welding operations that 
use 2,000 pounds or more per year of MFHAP-containing welding rod (on a 
rolling 12-month average basis), this final rule requires 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 the emissions 
standards in this rule, which are expressed as management practices and 
equipment standards. This testing has a three-tier compliance 
structure.
    Tier 1. The first tier for welding compliance requires visual 
determinations of fugitive emissions using EPA Method 22 and allows the 
same graduated testing schedule described above in section III.F.2 for 
dry abrasive blasting of objects 8 feet or more in any dimension, 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 is 
required.
    If visible emissions are present during any Method 22 test, 
immediate corrective action will be required that includes inspection 
of all fume sources and control methods in operation, and documentation 
of the visual emissions test results. In this instance, the graduated 
schedule requires the affected source to resume visible emissions 
testing in the previous, more frequent schedule, i.e., weekly visible 
emissions testing is increased to daily, monthly testing is increased 
to weekly, and quarterly testing is increased to monthly.
    Tier 2. The second tier for welding compliance must be implemented 
if visible emissions are detected for the second time in any 
consecutive 12-month period. The second tier requires corrective action 
and documentation of the detection of visible emissions and the 
corrective action taken. Corrective action must take place immediately 
after the failed Method 22 test. In addition, the second tier for 
welding compliance requires a facility to perform a visual 
determination of emissions opacity using EPA Method 9 (40 CFR part 60, 
appendix A-4) 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

[[Page 42986]]

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 is required with a graduated schedule of reduced 
frequency like that used for the Method 22 tests, described above in 
section III.F.2, from daily to weekly to monthly to quarterly for 
consecutive successful tests. If opacity continues to be less than or 
equal to 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. 
With either test method, the facility can reduce to quarterly testing 
if there are no exceedences in three consecutive monthly tests.
    If the average of the 6-minute opacities is determined to be 
greater than 20 percent in the Method 9 tests in the second tier, the 
third tier of welding compliance requirements is required, as described 
below.
    Tier 3. The third tier for welding compliance includes 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 must be kept at the facility in a readily 
accessible location for inspector review. Also, the facility must 
report any exceedence of the 20 percent opacity limit on an annual 
basis along with their annual certification and 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 20 percent opacity or less by EPA Method 9. Application of the 
SWMP may involve more effective implementation of the management and 
pollution prevention practices, beyond the levels already in place at 
the facility, or, as a final option, the use of capture equipment and 
control devices. During the development of the SWMP, daily Method 9 
tests are required to continue to be performed, according to the 
graduated schedule. The SWMP must be updated after any failures to meet 
20 percent or less opacity as determined by Method 9. If opacity 
continues to be 20 percent or less and Method 9 testing of the welding 
processes at the facility falls to once a month, according to the 
graduated testing schedule, the facility will have a choice of changing 
to monthly Method 22 tests or remaining with monthly Method 9, as 
above. The SWMP must be updated annually and include revisions to 
reflect any changes in welding operations or controls at the facility.
    The SWMP must 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 are required to comply with 
certain requirements of the General Provisions (40 CFR part 63, subpart 
A), which are identified in Table 2 of this final rule. Each new source 
is required to submit an Initial Notification no later than 120 days 
after initial startup or November 20, 2008, whichever is later. 
Existing affected sources must submit the Initial Notification no later 
than July 25, 2011. Notification of Compliance Status reports are 
required to be submitted according to the requirements in 40 CFR 63.9 
in the General Provisions no later than 120 days after the applicable 
compliance date. The affected source is required to prepare and submit 
an annual certification and compliance status report. If there are any 
exceedences during the year, the facility must submit this annual 
certification and compliance report with any exceedence reports 
prepared during the year. The exceedence reports must describe the 
circumstance of the exceedence and the corrective action taken.
    Facilities also are required to maintain all records that 
demonstrate initial and continuous compliance with this final rule, 
including records of all required notifications and reports, with 
supporting documentation; and records showing compliance with 
management and pollution prevention practices. Owners and operators 
must 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.

V. Summary of Comments and Responses

    We received a total of 24 comments on the proposed NESHAP from 
industry representatives, trade associations, federal and state 
agencies, and the general public during the public comment period. 
Sections V.A through V.F of this preamble provide responses to the 
significant public comments received on the proposed NESHAP.

A. Applicability

    Comment: Several commenters expressed concern regarding potential 
overlap between the applicability of this subpart (XXXXXX) and other 
part 63 NESHAP. One commenter said that EPA should clarify that the 
proposed rule does not apply to ``dry grinding and dry polishing with 
machines'' affected sources that are also subject to the proposed area 
source standards for plating and polishing operations, subpart WWWWWW. 
Commenters also indicated that there appeared to be overlap with Paint 
Stripping and Miscellaneous Surface Coating NESHAP, subpart HHHHHH, as 
there was overlap in the potentially applicable NAICS codes provided in 
the preambles. The commenter said that EPA should clarify that the rule 
does not apply to metal fabrication and finishing operations that are 
subject to a major source NESHAP, in particular the Aerospace 
Manufacturing NESHAP (subpart GG).
    Response: Operations at a facility in one of the nine area source 
categories specifically listed in Sec.  63.11514, ``Am I subject to 
this subpart?'', specifically paragraphs (a)(1) through (9), are 
subject to this final rule. Each of these area source categories is 
characterized by the descriptions provided in Table 1 in section I.A of 
this preamble. The miscellaneous surface coating requirements in 
subpart HHHHHH are more generic regulations that apply to processes at 
many different types of facilities. The specificity regarding the 
applicability of this final rule overrides the more generic 
miscellaneous coating regulation in subpart HHHHHH, mainly because it 
is specified as such in subpart HHHHHH. In other words, if a facility 
is in one of the nine area source categories included under this final 
rule, it is not subject to any other area source regulation for the 
operations regulated by this final rule: abrasive blasting, dry 
grinding and dry polishing with machines, machining, spray painting, 
and welding.
    On the other hand, operations addressed by the Plating and 
Polishing NESHAP (subpart WWWWWW), such

[[Page 42987]]

as dry mechanical polishing operations performed after plating to 
complete the plating processes, and thermal spraying are subject to 
subpart WWWWWW. Therefore, any area source facilities that conduct 
polishing after plating or thermal spraying would be subject to subpart 
WWWWWW for their plating and polishing operations. However, the MFHAP 
control requirements for dry polishing with machines are identical 
between subpart WWWWWW for ``dry mechanical polishing,'' and this final 
rule for ``dry polishing with machines.'' The recordkeeping and 
reporting requirements are also the same between the two rules for 
polishing operations. At the time of this final rule, we were not aware 
of any overlap of facilities between these two area source rules, but 
since there may be sources in the future where there is an overlap, we 
leave open the possibility of the applicability of both rules.
    With regard to the comment related to the major sources subject to 
the Aerospace NESHAP, we would point out that (1) Aerospace facilities 
would not be included under any of the nine source categories subject 
to this final rule, and (2) major sources are not subject to this final 
rule, as this final rule applies only to area sources.
    Comment: Other commenters more specifically addressed the potential 
overlap between the Nine Metal Fabrication and Finishing Area Source 
Category rule and subpart HHHHHH, Paint Stripping and Miscellaneous 
Surface Coating Operations at Area Sources NESHAP. The commenters noted 
that the proposed rule indicated that facilities covered by the 
proposed rule would be exempt from subpart HHHHHH. However, they said 
since subpart HHHHHH is already final, permitting authorities cannot 
exempt facilities from it merely on the basis of a subsequent proposed 
regulation, such as the metal fabrication NESHAP. One commenter 
recommended that EPA reverse the applicability and state that 
facilities subject to and complying with the requirements of subpart 
HHHHHH would be considered in compliance with the MFHAP provisions for 
painting operations under this metal fabrication NESHAP. The commenter 
said that facilities would still be required to comply with other 
provisions that are not covered under subpart HHHHHH.
    Response: While we understand the potential confusion between the 
applicability of these two area source regulations, coating operations 
at a facility in one of the nine source categories specifically listed 
in Sec.  63.11514, ``Am I subject to this subpart?'', specifically 
paragraphs (a)(1) through (9), are subject to this final rule and not 
subpart HHHHHH (the Paint Stripping and Miscellaneous Surface Coating 
Operations Sources NESHAP). We believe that the simplicity of having 
all affected sources at a single facility in one of these nine metal 
fabrication and finishing area source categories subject to a single 
subpart is better in the long term. Further, subpart HHHHHH was 
promulgated on January 9, 2008, and its compliance date for existing 
sources is not until January 10, 2011. We believe that any short term 
permitting complexities that have arisen in the five or six months 
between promulgation of the final Paint Stripping and Miscellaneous 
Surface Coating NESHAP and the Nine Metal Fabrication and Finishing 
Area Source Category NESHAP can be addressed in the two and one-half 
years before their compliances dates. Therefore, we did not make 
changes in accordance with the commenter's recommendation.
    Comment: One commenter requested clarification of potential overlap 
of the metal fabrication rule and subpart HHHHHH. They note that the 
applicability section of the proposed rule states that if a facility is 
``subject to'' the provisions of this final rule, it is not subject to 
subpart HHHHHH, the Miscellaneous Surface Coating Operations Rule. The 
commenter interprets this to mean that if a facility is in one of the 
nine source categories covered by this final rule, it is ``subject to'' 
this final rule, even though an exception in the rule may exempt it 
from one or more of the rule's requirements. Thus, according to the 
commenter, if the facility is not required to comply with the standards 
for spray painting under this final rule, it is also not subject to 
subpart HHHHHH.
    Response: We agree with the commenter's analysis. As noted above, 
facilities in one of the nine area source categories subject to this 
final rule are not subject to the miscellaneous coating requirements of 
the Paint Stripping and Miscellaneous Surface Coating Operations 
Sources NESHAP (subpart HHHHHH) because it is stated as such in the 
subpart HHHHHH rule. In addition, if facilities in one of the nine area 
source categories subject to this final rule use paints that do not 
contain MFHAP, they are not subject to the painting requirements in 
this final rule. The fact that subpart HHHHHH also has the same MFHAP 
criteria for determining applicability of that rule's painting 
requirements is not relevant to the applicability question.
    Comment: One commenter stated that the mass balance necessary to 
determine the amount of PM emissions from forging operations which 
escape the building is not feasible. They suggested that the forging 
industry should not be included in the standard as a result.
    Response: For forging operations, the only emissions measurement 
necessary is for determination of area source status for the facility 
as a whole, which is in terms of HAP emissions and not PM. Further, no 
mass balances are required for PM or MFHAP emissions from any affected 
sources covered by the rule, including forging facilities.
    Comment: Several commenters requested that maintenance activities, 
and research and development operations be excluded from the rule. 
Specifically, two commenters recommended welding and machining/grinding 
performed for maintenance should be excluded, and stick welding 
performed for maintenance was specifically mentioned in another 
instance. Another commenter requested that the fabrication of unique 
pieces of process equipment or materials handling equipment be 
excluded. One of the commenters also requested an exemption for 
research and development operations. Another requested an exemption for 
quality assurance/quality control operations and training centers. 
Alternatively, they requested that training centers be added to the 
definition of research and laboratory activities. They claimed that 
this exemption is necessary to cover trade schools and other academic 
centers of learning, as well as industrial training facilities, many of 
which will have to intensify their operations solely as a result of 
this rule's training requirements.
    Related to these comments, two commenters requested changes to the 
definition of ``facility maintenance''. One commenter requested that 
the definition from the Paint Stripping and Miscellaneous Surface 
Coating Operations NESHAP be used, specifically that the following 
phrase: ``Facility maintenance includes the application of coatings to 
stationary structures or their appurtenances at the site of 
installation, to portable buildings at the site of installation, to 
pavements, or to curbs.'' Another commenter proposed that EPA revise 
the definition of ``facility maintenance'' to clarify that 
infrastructure includes process and control equipment.
    Response: Research and laboratory facilities, equipment repair 
operations, and facility maintenance were excluded from the proposed 
rule because emissions from these activities were not part of the 1990 
inventory. Specifically, Sec.  63.11514(e) of Sec.  63.11514, ``Am I 
subject to this subpart?'', states: ``This

[[Page 42988]]

subpart does not apply to research or laboratory facilities, as defined 
in section 112(c)(7) of the CAA.'' Additionally, Sec.  63.11514(f) 
states: ``This subpart does not apply to tool or equipment repair 
operations, or facility maintenance as defined in Sec.  63.11522, 
``What definitions apply to this subpart?''. We received no adverse 
comment regarding whether the nine listed area source categories 
included these activities, and we therefore did not make changes to 
this final rule.
    We agree with the commenter that it is appropriate to also exclude 
quality control activities since, based on reasonable assumptions, we 
believe that emissions from these activities were not part of the 1990 
inventory. Therefore this final rule clarifies that the emission 
control requirements do not apply to these activities. We have also 
added a definition of quality control activities that is based on the 
definition in the Paint Stripping and Miscellaneous Surface Coating 
Operations Sources NESHAP (subpart HHHHHH).
    With regard to the definition of facility maintenance, the language 
regarding stationary structures or appurtenances was already in the 
proposed rule. We did clarify that facility maintenance includes work 
on process and control equipment.
    Finally, we did not add an exclusion for training centers as the 
commenter suggested, nor did we add ``training center'' into the 
definition of research and development activities. While the commenter 
is correct that the requirements of this rule will result in increased 
training needs, the examples that they provided (trade schools, 
academic centers of learning, industrial training facilities) would not 
be subject to this rule as they are not in one of the nine area source 
categories covered, since their primary business is not in the 
fabrication or finishing of metal products.
    Comment: Two commenters recommended the addition of language that 
EPA has included in several other rules to prevent surface coating 
operations on military installations from being subject to multiple 
rules.
    Response: While the operations covered by the rule may be performed 
at military installations, the applicability of the rule is specific to 
the nine metal fabrication area source categories, as specified in 
Sec.  63.11514, ``Am I subject to this subpart?''. In order to make 
this clear with regard to military operations, paragraphs have been 
added to Sec.  63.11514 that specify that this subpart does not apply 
to military operations or the production of military munitions. In 
addition, consistent with subpart HHHHHH, we have also clarified that 
these provisions do not apply to NASA and National Nuclear Security 
facilities.
    Comment: Two commenters requested clarification that although their 
facilities may perform some metal fabrication and finishing operations, 
since their facilities are not primarily engaged in any of the nine 
source categories identified in the rule, they are not subject to the 
provisions of the rule.
    Response: The commenter is correct. If the primary activities of 
their facilities do not place them in one of the identified source 
categories, they are not subject to the rule. To clarify this issue, we 
have added a definition to the rule for ``primarily engaged'', as 
follows: ``Primarily engaged means the manufacturing, fabricating, or 
forging of one or more products listed in one of the nine metal 
fabrication and finishing source categories described in Table 1, 
``Description of Source Categories Affected by this Subpart,'' 
represents at least 50 percent of the production at a facility, where 
production quantities are established by the volume, linear foot, 
square foot, or other value suited to the specific industry.'' This 
definition is consistent with the descriptions provided above in 
section I.A, ``Does this action apply to me?''. It is also consistent 
with the basis of the listing of the source categories in the 1990 air 
toxics inventory.
    Comment: Several commenters opposed the requirements in the 
proposed rule because they felt these requirements were not justified 
by the environmental benefits. One commenter questioned the 
justification for the rule, stating that the imposition of significant 
costs for additional control, monitoring, recordkeeping and reporting 
obligations, with no corresponding environmental benefit is unwarranted 
and unduly burdensome. Similarly, another commenter stated that the 
proposed NESHAP creates an unjustifiable administrative burden for many 
manufacturers, disproportionately burdening smaller operations that 
would have de minimis emissions. According to the commenters, small 
businesses which have never before been subject to a NESHAP would be 
required to submit notifications, reports, and keep records needed to 
demonstrate compliance with the rule. These commenters believe that EPA 
should not require small businesses to comply with such administrative 
requirements because of the negligible risk they believe are posed by 
these small businesses with marginal emissions. Still another commenter 
opposed the proposed rule because they believed it would further 
undermine the climate of business certainty necessary for manufacturers 
to comply with rational federal regulations that balance economic 
growth and environmental protection. The commenter said that EPA seeks 
to impose a real compliance burden that will achieve no clear 
environmental objective.
    Several commenters recommended that EPA consider de minimis 
exemptions or thresholds for small operations or operations emitting 
very small amounts of MFHAP which would be heavily impacted by the 
rule, but result in only small emissions reductions. Two commenters 
specifically requested exclusions of machining and grinding operations, 
and operations which are already controlled.
    Response: These nine metal fabrication and finishing area source 
categories are area source categories that are needed to meet the CAA 
section 112(c)(3) requirement that we subject to regulation the area 
source categories representing 90 percent of the emissions of cadmium, 
chromium, lead, manganese and nickel. See section 112(c)(3). We 
recognize that these nine metal fabrication and finishing area source 
categories are comprised of a large number of relatively small 
facilities. Although area sources individually may be considered low-
emitting sources, collectively, they are not. The commenters' 
suggestions do not take into account our requirement under section 
112(c)(3). As discussed above, we previously determined that we need 
these nine area source categories to fulfill EPA's obligation under 
this requirement, which provides that EPA regulate area sources 
accounting for 90 percent of the emissions of the 30 urban HAP.
    However, in developing this final rule, we attempted to further 
reduce the burden, especially on small facilities, while ensuring that 
this final rule includes sufficient requirements for ensuring 
compliance. We have incorporated the following changes in this final 
rule to reduce the burden: Reducing the number of operations that are 
required to do monitoring from five to two operations (if present); 
further reducing the requirement for monitoring by excluding from the 
monitoring requirement any facility with welding operations that use 
less than 2,000 pounds per year of welding rod containing MFHAP; 
reducing the frequency of monitoring to quarterly for affected 
operations that do not have visible emissions or opacity exceedences; 
specifying that this final rule does not apply to material that 
contains MFHAP in quantities less than

[[Page 42989]]

0.1 percent for carcinogens (which includes cadmium, chromium, nickel, 
and lead), or less than 1.0 percent for carcinogens (which includes 
manganese). In addition, we are planning various outreach activities 
specifically for this industry to help affected facilities comply with 
this final rule to further reduce the overall burden.
    Comment: The criteria in Sec.  63.11514, ``Am I subject to this 
subpart?'', specifically paragraph Sec.  63.11514(a), states that you 
are subject to this subpart ``if you own or operate an area source of 
MFHAP.'' The commenter indicated that this implies that facilities 
within the scope of the proposed rule could have emissions other than 
MFHAP. Since there is no limitation on the size of sources subject to 
the proposed rule, the proposed language leaves open the possibility 
that a major source of HAP, but not of MFHAP, could be subject to the 
rule if the MFHAP emissions do not exceed the major source threshold.
    Response: We acknowledge the awkward wording referred to by the 
commenter and have made changes to make it clear that the regulation 
applies to sources that are area sources for HAP.
    Comment: One commenter suggested that in determining the 
applicability of the proposed rule, a source should only be considered 
to be engaged in metal fabrication or finishing operations if it 
manufactures a finished and assembled product. They suggested that 
rather than simply referencing applicable source categories and 
included NAICS codes, ``metal fabrication or finishing source 
categories'' should be unambiguously defined as ``operations described 
in Table 1 to this subpart that are assembly operations that purchase 
cast metal parts (no casting on site), perform various finishing 
operations, and then assemble their products, with the exception of 
iron and steel forging.''
    Response: While we appreciate the commenter's attempt to further 
clarify the applicability provisions of the rule, we do not believe 
that this language captures the basis of the listing of the source 
categories in the 1990 inventory as do the descriptions in Table 1 of 
the proposed and final rules. Therefore, we have declined to 
incorporate the commenter's suggested language in our definitions. 
While some of the activities described in Table 1 do produce a finished 
and assembled product, some of them do not. However, as a result of 
other comments, we have revised the description of affected sources to 
only include facilities that are ``primarily engaged'' in the indicated 
activities, as discussed above. We believe that this change should 
sufficiently clarify the applicability of this final rule.
    Comment: One commenter stated that his organization, which 
represents a subset of the Fabricated Structural Metal Manufacturing 
source category, namely, ``Structural Steel Fabricators in Non-urban, 
Non-stainless, Non-galvanizing Fully-enclosed Shop (NAICS 332312),'' 
should be excluded from this rule because their products are covered by 
permit under the Architectural Surface Coating rule under the CAA. 
Also, the spray paint booths or spray rooms required by this final rule 
are infeasible and cost-prohibitive, and the VOHAP calculations are 
inapplicable and unmanageable compared to previous EPA approaches to 
calculating VOHAP content of paints. In addition, the commenter stated 
that this subset of the source category is not like the other 
categories, because facilities in NAICS 332312 only do some of the 
operations regulated in the proposed rule and some operations do not 
use or emit the MFHAP. Therefore, this source category should be 
separately regulated and not included with the other eight source 
categories in this rule.
    Response: In regard to the conflict of this rule alleged by the 
commenter with EPA's National VOC Emission Standards for Architectural 
Coatings (40 CFR part 59, subpart D), we clarify for the commenter that 
subpart D controls VOC emissions, as per CAA section 183(e), and only 
affects manufacturers, distributors, and importers of architectural 
coatings; users of the architectural coating products, therefore, are 
not regulated entities under CAA section 183(e). Subpart D also covers 
coatings intended for field application rather than coatings intended 
for shop or factory application. Therefore, the commenter is incorrect 
that this rule is in conflict with subpart D. Since this final rule 
removes the standards for VOHAP from spray painting operations, the 
issues raised with regard to VOHAP calculations are no longer relevant.
    To address this and other commenters' concerns regarding the burden 
of compliance, we have revised this final rule so that if facilities do 
not emit or use materials containing MFHAP above specified levels, 
i.e., greater than or equal to 0.1 percent cadmium, chromium, lead, or 
nickel by weight (of the metal), or 1 percent manganese by weight (of 
the metal), then the requirements of this final rule do not apply. We 
have also reduced the monitoring requirement in this final rule so that 
only two types of operations will need to do monitoring, as compared to 
the previous five operations in the proposed rule: (1) Abrasive 
blasting with MFHAP performed on objects greater than 8 feet, and (2) 
welding operations performed with annual use of welding rod with MFHAP 
greater than or equal to 2,000 pounds. Under this final rule, affected 
facilities with annual use of welding rod with MFHAP less than 2,000 
pounds are not subject to the visible emissions monitoring 
requirements.
    In addition, we found through other comments we received that there 
is a unique feature of the facilities in the Fabricated Structural 
Metal Manufacturing source category (NAICS 332312), as the commenter 
has also noted, in regard to spray painting small objects less than or 
equal to 15 feet along with large objects greater than 15 feet in open 
areas and not enclosed in spray booths or spray rooms, as discussed 
below (under section V.E.4, Management Practices for MFHAP Control for 
Painting). Therefore, we have revised this rule to accommodate this 
process difference and removed the spray booth requirement.
    Finally, based on our research for this rule that included site 
visits, surveys, and contacts with industry representatives, we believe 
that the operations in all the nine metal fabrication and finishing 
source categories are sufficiently similar to justify including all 
nine source categories in one rule, if the above-cited exception that 
accommodates the one significant difference is included.

B. Compliance Dates

    Comment: Four commenters disagreed with the two-year compliance 
timeframe. They suggested that because of the large number of sources 
that state or local permitting agencies will need to identify and 
contact (many of whom are small businesses), and the potential need for 
sources to train painters and install necessary equipment, that three 
years is more typical and more appropriate.
    Response: We agree with the commenters' reasoning, and have 
adjusted the compliance date accordingly.
    Comment: One commenter from a regulatory assistance organization 
noted that the scheduling of the promulgation and compliance dates of 
this rule will make it difficult for them to provide outreach while 
commenting on the other EPA area source rules proposed or in 
development. They recommended adjusting the notification dates and 
other dates in this rule to avoid this conflict.
    Response: While we appreciate the difficulty the commenter has in

[[Page 42990]]

managing these various activities, we have little latitude in shifting 
the promulgation date of this final rule since it is mandated by a 
court order. The notification and other dates in this rule are guided 
by the part 63 General Provisions. We have extended the compliance 
period to three years in this final rule to provide sufficient 
opportunity for facilities and organizations to prepare for compliance. 
We expect that this additional time will provide some relief to the 
commenter in their needs as well.
    Comment: One commenter suggested that because of the necessity of 
arranging training, it will be very difficult for small facilities with 
painting operations to meet the compliance deadlines.
    Response: The proposed rule would have required that, for existing 
sources, training would be completed by September 3, 2008. Upon 
reconsideration, we believe that having this training completed in 
advance of the compliance date is not necessary. Therefore, this final 
rule requires that training be complete by the compliance date. This 
will give facilities three full years to schedule and complete the 
training.
    Comment: One commenter stated that new affected sources should be 
allowed 180 days after startup to demonstrate compliance, rather than 
120 days, as proposed, to be consistent with other major and area 
source rules.
    Response: The commenter is correct in that the notification of 
compliance status report is sometimes required by some 40 CFR part 63 
major and area source rules to be submitted 180 days after the startup 
of new affected sources. However, there are also examples where these 
rules require this compliance notification 120 days after startup. 
Since there are no source tests that are required for this rule, we do 
not feel that an additional 60 days is necessary.
    Comment: One commenter stated that there was no compliance deadline 
included in the proposed rule for a new affected source that starts up 
prior to the publication of this final rule.
    Response: The commenter is incorrect. The proposed compliance dates 
at Sec.  63.11515 ``What are my compliance dates?'', states: ``[i]f you 
start up a new affected source after the date of publication of this 
final rule in the Federal Register, you must achieve compliance with 
the provisions in this subpart upon startup of your affected source.'' 
However, this text was incomplete and should have required new sources 
to comply with the requirements of this final rule by the date of 
publication of this final rule in the Federal Register, or upon start-
up, whichever is later. This language has been corrected in this final 
rule.

C. Scope of Rule

    Comment: Several comments were received expressing concern about 
how the proposed rule applied to the use of MFHAP. First, one commenter 
pointed out that the definition of MFHAP in the proposed rule is not 
consistent with definition in the proposal preamble. The preamble 
referred to MFHAP compounds, while the definition of MFHAP in the rule 
only lists the elements. The comments suggested adding ``compounds of'' 
to the definition.
    Two commenters requested clarification that, for spray painting 
affected sources, EPA only intended to require the use of a spray booth 
and other work practices when the paint being sprayed contains MFHAP. 
If a fabricator uses paints containing MFHAP even once, the language of 
the regulation might require it to apply the management practices even 
when spraying non-MFHAP paints.
    Two commenters recommended establishing threshold amounts for MFHAP 
in the same manner that the proposed rule did for VOHAP in paints. 
Specifically, they stated, for paints, the proposed rule required that 
you 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 1.0 percent by mass or more for other compounds.
    Response: With regard to the definition of MFHAP, it was our intent 
that the rule apply to compounds containing these five metals, as noted 
by the commenter. Therefore, we have revised the definition of MFHAP in 
this final rule to include ``any compound of the following metals: 
cadmium, chromium, lead, manganese, or nickel, or any of these metals 
in the elemental form, with the exception of lead,'' consistent with 
the HAP definitions in the CAA (section 112 (b)).
    The proposed rule, in Sec.  63.11514(a), ``Am I subject to this 
subpart?'', states that ``(y)ou are subject to this subpart if you own 
or operate an area source that emits metal fabrication or finishing 
metal HAP (MFHAP), defined to be the compounds of cadmium, chromium, 
lead, manganese, and nickel, or an area source that emits VOHAP from 
spray painting operations, which performs metal fabrication or 
finishing operations in one of the nine source categories listed in 
paragraphs (a)(1) through (9) of this section.'' As discussed above, we 
have removed the requirements related to VOHAP. Therefore, the affected 
sources are equipment and activities necessary to perform the 
designated operations (abrasive blasting, machining, dry grinding and 
polishing, spray painting, and welding) which use or have the potential 
to emit MFHAP. It is our intent that any of these operations that ever 
use materials containing MFHAP, or that have the potential to ever emit 
MFHAP, are affected sources.
    However, we have made a modification to the affected source 
definition in Sec.  63.11514(b), ``Am I subject to this subpart?'', to 
add the concept of the use of ``materials containing MFHAP'', as 
opposed to just ``MFHAP.'' We agree with the recommendation that OSHA-
based thresholds are appropriate for defining whether a material 
``contains'' MFHAP, since we believe that materials that contain MFHAP 
below these thresholds contain such very small amounts of HAP that they 
were not included in the 1990 inventory. For example, Sec.  
63.11514(b)(2) of this final rule states: ``A machining affected source 
is the collection of all equipment and activities necessary to perform 
machining operations that uses materials containing MFHAP* * *,'' where 
``material containing MFHAP'' is defined in Sec.  63.11522, ``What 
definitions apply to this subpart?'', to be: ``material that contains 
cadmium, chromium, lead, or nickel in amounts greater than or equal to 
0.1 percent by weight (as the metal), or contains manganese in amounts 
greater than or equal to 1.0 percent by weight (as the metal), as shown 
in formulation data provided by the manufacturer or supplier, such as 
the Material Safety Data Sheet for the material.''
    In addition, when operations are occurring at an affected source 
that does not use any materials containing MFHAP, we do not believe 
that the management practices to minimize MFHAP emissions need to be 
followed. While the commenter only raised this issue with respect to 
painting, we believe that it should be universally applicable to all 
types of affected sources. Therefore, we have made changes in Sec.  
63.11516, ``What are my standards and management practices,'' of this 
final rule to make it clear that these requirements apply only when 
materials containing MFHAP are being used. For example, Sec.  
63.11516(a) of this final rule states the following: ``Dry abrasive 
blasting standards. If you own or operate a new or existing dry 
abrasive blasting affected source you must comply with the requirements 
in paragraphs (a)(1) through (3) of this section, as applicable, for 
each dry

[[Page 42991]]

abrasive blasting operation that uses materials that contain MFHAP or 
have the potential to emit MFHAP. These requirements do not apply when 
abrasive blasting operations are being performed that do not use any 
materials containing MFHAP and do not have the potential to emit 
MFHAP.''
    Comment: One commenter recommended that EPA specify hexavalent 
chromium instead of using the general term ``chromium.'' The general 
term ``chromium'' includes trivalent chromium, which is an important 
material used in small quantities for achieving certain metallic and 
pearlescent finishes; it has a relatively benign nature as compared to 
hexavalent chromium. Also, EPA used hexavalent chromium in their Urban 
HAP analysis in the Integrated Urban Air Toxics Strategy instead of 
total chromium.
    Response: The CAA specifically lists ``chromium compounds'' as a 
hazardous air pollutant. In our original listing for the Urban Air 
Toxics Strategy (64 FR 38706, July 19, 1999), we listed ``chromium 
compounds'' as one of the Urban HAP targeted for the Integrated Urban 
Air Toxics Strategy. CAA section 112(c)(3) requires us to list source 
categories accounting for 90 percent of the emissions of each of the 
listed urban HAP, including chromium compounds. As explained above, we 
need the nine source categories at issue here to reach the 90 percent 
requirement in CAA section 112(c)(3) for chromium compounds.
    The commenter is correct that trivalent chromium is relatively 
benign as compared to hexavalent chromium. The reason why we used 
hexavalent chromium in the Urban HAP analysis in the Integrated Urban 
Air Toxics Strategy was to prioritize and rank the sources of Urban HAP 
area source categories for regulation, for the exact reason that the 
commenter states. However, we always intended to use chromium compounds 
as the regulated pollutant since the listing of the categories was 
based on emissions of chromium compounds, not hexavalent chromium. Many 
of our control strategies for chromium and other metal HAP involve the 
use of PM as a surrogate for chromium and other metal HAP. These PM 
control strategies control all chromium compounds along with PM and 
other metal HAP, therefore the form of chromium would not change the 
type of PM control strategy we choose. The coating control strategies 
in this rule either control PM and other metal HAP along with chromium 
(for the case of PM paint booth filters required for spray painting) or 
reduce the total amount of coating used (and therefore the amount of PM 
and other metal HAP), through the use of HVLP spray technology, 
training, and management practices.
    In summary, although we recognize the differences in the health 
effects of hexavalent and trivalent chromium, we are required to 
regulate chromium compounds from the nine source categories at issue in 
this rule.
    Comment: Two commenters questioned whether the HAP reduction 
warrants the regulation. One commenter stated that MFHAP are present 
only in small amounts at the facilities it represents. Little PM leaves 
the building perimeters, and an even smaller percentage is MFHAP.
    Response: As noted in the preamble to the proposed rule and 
reiterated above, section 112(k)(3)(B) of the CAA requires EPA to 
identify at least 30 HAP which, as the result of emissions from area 
sources, pose the greatest threat to public health in urban areas. 
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 determined that these nine metal fabrication and 
finishing area source categories are among the area source categories 
that we need to meet the section 112(c)(3) requirement to regulate area 
source categories representing 90 percent of the emissions of cadmium, 
chromium, lead, manganese and nickel. See section 112(c)(3).
    We recognize that these metal fabrication area source categories 
are comprised of a large number of relatively small facilities. 
Although area sources individually may be considered low-emitting 
sources, collectively, they are not; therefore, we are issuing 
regulations for these source categories. However, as discussed above, 
we have attempted to minimize the burden on the affected facilities, 
especially small businesses, and have revised the requirements further 
in this final rule to further reduce the burden to small facilities.
    We disagree with the commenter's statement that this rule will 
result in no environmental benefit. This final rule will help to ensure 
that future emissions will be limited to the same levels currently 
achieved. If the source categories were not regulated, as suggested by 
the commenter, there would be no such limit of future emissions from 
new facilities in the nine metal fabrication and finishing area source 
categories.
    Comment: One commenter noted that in Sec.  63.11514(b)(4), ``Am I 
subject to this subpart?'', the paragraph defining a spray painting 
operation includes those using paints containing VOHAP or MFHAP. The 
commenter stated that the standards outlined in Sec.  63.11516(d) and 
(e), ``What are my standards and management practices?'', apply to all 
spray painting affected sources and thus do not specifically apply to 
sources that only emit MFHAP or VOHAP. The commenter recommended that 
the standards be rephrased so that paragraph (d) specifically states 
that it applies to sources of MFHAP and paragraph (e) to sources of 
VOHAP. Another commenter noted an error wherein Sec.  63.11516(d) 
states: ``If you own or operate a new or existing spray painting 
affected source as defined in Sec.  63.11522, ``What definitions apply 
to this subpart?''. However, the definition of ``spray painting 
affected source'' is in Sec.  63.11514(b)(4), ``Am I subject to this 
subpart?'', not in the ``Definitions'' section (Sec.  63.11522).
    Response: The commenters are correct, in that the provisions in 
Sec.  63.11516(d) and (e), ``What are my standards and management 
practices?'', are intended to apply only to operations using paints 
containing MFHAP. The rule text has been revised to reflect this. The 
standards for VOHAP from spray painting operations have been removed 
from this final rule.

D. Impacts of Rule

    Comment: Two commenters suggested that the proposed rule will 
potentially affect many more small facilities than estimated by EPA. 
One commenter noted that ``InfoUSA'' (http://www.infousa.com) reports 
over 37,000 facilities with fewer than 100 employees and over 17,000 
with fewer than 10 employees in the SIC codes corresponding to the Nine 
Metal Fabrication and Finishing Area Source Categories, versus the 
5,800 facilities estimated in the proposal preamble. Another commenter 
stated that there are over 4,000 metal fabrication sources in Texas 
alone.
    Response: Our estimate of the total number of affected facilities, 
and the number of small businesses, was based on the most recently 
available U.S. Economic Census (2002). We were able to obtain similar 
facility numbers using the cited web site, but have no explanation for 
the discrepancy between these two respected sources of information. 
However, we stand by the Census, which has the sole purpose of 
providing U.S. economic information, to obtain an estimate of the 
number of facilities in these source categories.
    Comment: One commenter notes that the preamble states that 5,800 
sources

[[Page 42992]]

will be regulated by this rule, of which 90 percent are small 
businesses. They say this is inequitable and places a considerable 
burden on small businesses.
    Response: As explained above, we need to regulate these nine metal 
fabrication and finishing area source categories to meet the 90 percent 
requirement in section 112(c)(3) for emissions of cadmium, chromium, 
lead, manganese, and nickel. In developing the proposed rule, we 
attempted to minimize the burden on small businesses, while ensuring 
that the rule includes sufficient requirements for ensuring compliance. 
This final rule imposes no testing requirements, and we have eliminated 
the requirement to conduct visual emissions monitoring for some types 
of sources from that which was required in the proposed rule. With 
respect to recordkeeping, our understanding is that the required 
records are already maintained at most facilities as part of routine 
procedures. Therefore, the recordkeeping requirements do not represent 
any significant burden on these facilities.
    Comment: Seven commenters stated that the estimated costs of the 
proposed rule are underestimated, and that $1,120 initially and $735 
annually is not reflective of the actual cost to small businesses. They 
argue that the total number of labor hours is also not reflective of 
the time needed by small businesses to comply. According to the 
commenters, the number of hours needed to comply with the paperwork, 
training, monitoring and installation of upgraded equipment will exceed 
80 hours the first year. They stated their belief that cost estimates 
using EPA's initial cost and hours pro-rated, will be over $3,700 per 
facility. According to the commenters, this does not include any 
capital costs needed to comply with the NESHAP and no consideration has 
been given to non-fiscal resources. The commenters argued that most 
companies will require outside consulting assistance to meet 
compliance, training, and record-keeping requirements. One commenter 
specifically mentioned the costs of obtaining Method 9 certification 
(and annual re-certification) for employees.
    Response: We based those reporting and recordkeeping estimates of 
the burden on past experience with similar rules, and believe that they 
are reasonable. As noted in response to other comments, we have made 
several changes to this final rule to decrease the burden on all 
affected facilities. For example, we have eliminated the requirement to 
conduct visual emission observations from all sources except large 
welding operations and uncontrolled blasting operations on objects 
greater than 8 feet in any dimension. No capital costs are incurred as 
a result of this rule since all facilities are currently using the 
MFHAP control methods that the rule requires. Also, Method 9 is only 
required if an exceedence of Method 22 occurs twice and we do not 
expect this to occur for most facilities.

E. Management Practices

1. General
    Comment: The management practices in the proposed rule for abrasive 
blasting, machining, and dry grinding and polishing included the 
requirement that affected sources ``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.'' Several commenters disagreed with these 
requirements. One commenter suggested that leaving dust on the floor 
may produce less airborne dust than frequent sweeping, which renders 
the dust airborne again. They also suggested that there may be worker 
safety issues related to sweeping in unsafe areas. Another commenter 
stated that the proposed rule would overlap with existing Federal and 
state programs and with jurisdiction of OSHA. They stated that by 
proposing to mandate that manufacturers ``keep work areas free of 
excess dust by regular sweeping or vacuuming to control the 
accumulation of dust and other particles,'' and further giving a 
regulatory definition for what constitutes ``regular vacuuming,'' EPA 
complicates manufacturers' efforts to comply with various federal and 
state worker safety regulations, but also mandates practices that most 
business owners either already undertake pursuant to existing law, and/
or to maximize the health of their works. They stated their belief that 
this increases or duplicates regulatory burdens and best practices and 
hampers operational efficiency within manufacturing facilities. 
Further, this commenter said that mandating the frequency with which 
metal operations must sweep the floor of their factories will not help 
EPA fulfill its mandate to protect environmental and public health, 
since manufacturers already comply with these practices.
    While these comments are related to the sweeping requirements for 
all sources, other commenters had more specific criticisms of these 
requirements as applied to outdoor blasting. These commenters noted 
that the requirements for sweeping and enclosure of storage areas and 
conveyors for outdoor abrasive blasting seem inappropriate for outdoor 
operations which are not themselves enclosed, and where the abrasive 
falls to the ground under the work pieces. They stated that making 
outdoor blasting operations ``clear and enclose as you go'' would be 
cost prohibitive.
    These commenters provided a variety of suggestions. Some commenters 
requested removal of these requirements. Another commenter suggested 
that the term ``if possible'' be added to the management practice of 
sweeping outdoor areas, as they pointed out that an affected source may 
not be able to sweep or vacuum over unpaved surfaces or rock. One 
commenter said that EPA should reexamine the proposal and attempt to 
pinpoint real, potential gaps that may exist under existing regulatory 
programs rather than issue regulations that will cause overlaps and 
potential confusion, thereby undermining environmental compliance and 
industrial productivity. Finally, a commenter suggested a requirement 
for sweeping on a frequency determined by facility managers considering 
safety and emissions.
    Response: The primary purpose of the management practices described 
by the commenters is to minimize the potential for fugitive emissions 
that occur due to the ``stirring up'' of MFHAP dust in the work area. 
We recognize that these practices would likely have a larger beneficial 
effect on the ambient air inside the facility than for outside the 
plant boundaries. We also recognize that these practices are commonly 
employed at these facilities to reduce worker exposure to these dusts, 
hence the inclusion of these practices as ``generally available control 
technology.'' Our intention was to have these requirements work in 
concert with established plant practices and OSHA requirements. 
However, we understand how conflicts could result from the very 
prescriptive proposed requirements. We also recognize there could be 
situations where a requirement to sweep at least once per day could be 
more detrimental than beneficial. We do, however, continue to believe 
that it is important that owners and operators of these operations 
perform routine practices to reduce the possibility of fugitive MFHAP 
emissions due to accumulated dust in these work areas. Therefore, we 
did not take the one commenter's suggestion to completely eliminate 
these requirements. Rather, we have incorporated the recommendation of 
another commenter to make these sweeping/vacuuming requirements at

[[Page 42993]]

the discretion of the owner or operator of the affected source. 
Specifically, this final rule requires that affected sources ``must 
take measures necessary to minimize excess dust to reduce emissions.'' 
This general requirement also applies to blasting that is conducted 
outdoors or indoors.
2. Abrasive Blasting
    Comment: One commenter suggested that EPA revise Sec.  63.11516(a), 
``What are my standards and management practices?'', to take into 
account all possible abrasive blasting activities. They indicated that 
the proposed paragraph Sec.  63.11516(a)(1) applied to dry blasting 
objects less than or equal to 8 feet in totally enclosed and unvented 
blast chambers, paragraph Sec.  63.11516(a)(2) applied to dry blasting 
objects less than or equal to 8 feet in vented enclosures, and 
paragraph Sec.  63.11516(a)(3) applied to dry blasting objects greater 
than 8 feet. They concluded that it appeared that EPA meant to draft 
this section so that paragraph (a)(3) applied to any size objects dry 
blasted outdoors. Also, they pointed out that there were no regulations 
that applied to dry blasting objects greater than 8 feet indoors. In 
this regard, the commenter stated that there appeared to be a 
typographical error in the second sentence of paragraph (a)(2). They 
indicated that it should be re-written to the following: ``As an 
alternative, dry abrasive blasting operations for which the items to be 
blasted are equal to or less than 8 feet (2.4 meters) in any dimension, 
may be performed outdoors, subject to the requirements in paragraph 
(a)(3) of this section.''
    Response: Paragraph Sec.  63.11516(a)(1), ``What are my standards 
and management practices?'', is specific to dry blasting of objects in 
totally enclosed and unvented blast chambers. While we would not expect 
that large objects would ever be blasted in a totally enclosed and 
unvented blast chamber, these provisions are applicable to any 
situation where an object is blasted in such a blast chamber. 
Therefore, we have corrected the title of the section in this final 
rule to state: ``Standards for dry abrasive blasting performed in 
enclosed and unvented blast chambers.''
    The proposed standard in Sec.  63.11516(a)(2), ``What are my 
standards and management practices?'', applied to blasting operations 
which have vents allowing any air or blast material to escape. This 
provision of the proposed rule was intended to encompass all blasting 
performed in vented blasting chambers, regardless of the size of the 
object being blasted. Therefore, the size of the material blasted has 
been removed from the title of the provision in this final rule so that 
the rule applies to objects of any size, as long as the objects are 
blasted in chambers vented to a filtration control device.
    The only blasting operations (excluding those in enclosed unvented 
chambers) that may not be subject to the revised provisions of Sec.  
63.11516(a)(2), ``What are my standards and management practices?'' in 
this final rule, are operations where objects greater than 8 feet are 
being blasted. These operations may be performed indoors or outdoors, 
without a filtration control device. These operations are subject to 
the management practices in paragraph Sec.  63.11516(a)(3). They are 
also subject to visual emissions testing requirements. In other words, 
we consider that the differences in the type of the process where large 
(i.e., greater than 8 feet) objects are being blasted to warrant 
separate requirements for situations where blast chambers, vented or 
unvented, cannot be used.
    Therefore, in this final rule, the title of paragraph Sec.  
63.11516(a)(1), ``What are my standards and management practices?'', 
has been changed to ``Standards for dry abrasive blasting performed in 
totally enclosed and unvented blast chambers.'' Also, the title of 
paragraph Sec.  63.11516(a)(2) has been changed to ``Standards for dry 
abrasive blasting performed in vented enclosures''. Paragraph Sec.  
63.11516(a)(3), ``Standards for dry abrasive blasting of objects 
greater than 8 feet in any one dimension'' has been amended to address 
blasting of objects greater than 8 feet in any one dimension, either 
indoors or outdoors, with operations performed in both blasting 
locations required to perform management practices and visible 
emissions monitoring.
    Comment: One commenter questioned the mention of silica sand in the 
rule as an acceptable abrasive, noting OSHA regulations related to 
worker exposure to silicon dioxide (SiO2) and dangers of 
silicosis.
    Response: The commenter is mistaken that we recommend the use of 
sand or silica. The intent of this portion of the proposed rule was 
explicitly to limit emission of MFHAP by minimizing the use of high-PM 
generating blast media, such as sand. In this final rule, in Sec.  
63.11516 (a)(3)(i)(E), ``What are my standards and management 
practices?'', we say in this regard: ``Whenever practicable, you must 
switch from high PM-emitting blast media (e.g., sand) to low PM-
emitting blast media (e.g., crushed glass, specular hematite, steel 
shot, aluminum oxide), where PM is a surrogate for MFHAP.''
    Comment: One commenter asked that the proposed rule text be 
clarified to specify that the requirement in Sec.  
63.11516(a)(2)(ii)(B), ``What are my standards and management 
practices?'', for enclosure of conveyors only applies to conveyors used 
to transport blast media and debris, not those carrying the material to 
be blasted. Other commenters noted that the requirements for enclosure 
of storage areas and conveyors for outdoor abrasive blasting seemed 
inappropriate for outdoor operations which are not themselves enclosed, 
and they requested removal of these requirements.
    Response: We agree with these comments and have revised the 
requirements in this final rule accordingly.
    Comment: One commenter noted that Sec.  63.11516(a)(3)(i)(E), 
``What are my standards and management practices?'', states that no dry 
abrasive blasting shall be performed on substrates having paints 
containing greater than 0.1 percent lead. However, no test method is 
specified in the rule. Another commenter asked whether the prohibition 
of blasting of lead bearing paints only applies to outdoor activities 
or if it applies to indoor blasting as well.
    Response: We have removed this requirement. We agree with the 
commenter that testing for lead in all painted substrates would impose 
an impractical burden. We believe that the required work practices will 
address emissions of lead and other MFHAP through reduction of PM 
emissions.
    Comment: One commenter objected to the absolute prohibition of 
outdoor dry blasting during a wind event. They have several facilities 
in locations where these wind events are very common. If no visible 
emissions are detected at the facility fence line or property border or 
border, there should be no absolute prohibition of blasting during a 
wind event.
    Response: We agree with the commenter. This final rule retains the 
provisions that require the determination of visible emissions at the 
fence line or property border. Therefore, we believe that the owner or 
operator of an abrasive blasting affected source can use their judgment 
whether a windy event would impact the visible emissions at the fence 
line or property border. Therefore, this prohibition of outdoor 
blasting during a wind event has been removed.

[[Page 42994]]

3. Dry Grinding and Polishing With Machines
    Comment: Two commenters requested clarification that the grinding 
requirements do not apply to hand-held grinding equipment; one 
commenter requested that bench-scale equipment also not be included in 
the requirement since capture and control devices are not used in this 
situation.
    Response: As evidenced by the name of the affected source (i.e., 
dry grinding and dry polishing with machines), our intention was not to 
cover hand-held grinding or polishing, or bench-scale equipment. To 
make this clear, we have revised the definition of dry grinding and dry 
polishing with machines as follows: ``Dry grinding and dry polishing 
with machine means grinding or polishing without the use of lubricating 
oils or fluids in fixed or stationary machines. Hand grinding and hand 
polishing, and bench-scale grinding and polishing are not included 
under this definition.''
4. Painting for MFHAP Control
    Comment: Two commenters stated that the requirement for spray 
booths or spray rooms for painting objects under 15 feet is excessively 
burdensome for facilities in the Fabricated Structural Metal 
Manufacturing source category (SIC 3441 and NAICS 332312). They 
indicated that custom paint work performed in this source category 
differs greatly from other industries, which they claim use assembly 
lines to manufacture and paint standard products with a minimum of 
variation. The commenters reported that these shops deal with large and 
small pieces, and the specifications often change with each job. They 
cited numerous significant logistical difficulties with implementation 
of paint booths or spray rooms, including issues associated with 
material movement, drying/curing time, shop size, and costs (production 
and equipment costs). Specifically, they noted: (1) Regardless of their 
size, the structural metal objects being painted are very heavy and 
typically must be moved with cranes; (2) there is a two to eight hour 
curing time for the paint to dry, during which the objects must be 
turned over to paint the other side; (3) moving the work pieces into 
and out of paint booths might add 25 percent to the cost; (4) the use 
of paint booths for some objects (regardless of the exact size cut-off) 
would require adding an entirely new process line incorporating the 
booths, which would take up large amounts of scarce space on the 
factory floor. One of the commenters also offered several reasons that 
the enclosure requirement is unlikely to have a significant positive 
impact on emissions from facilities in this SIC/NAICS code: (1) The 
paints used by facilities in the Fabricated Structural Metal 
Manufacturing source category do not contain high levels of metal HAP; 
(2) the facilities will be using spray guns meeting the standards of 
the proposed regulation; and (3) only a small percentage of the work 
pieces are under 15 feet. The commenter states that the minor emission 
reductions do not justify the high cost of creating an alternate paint 
process to comply, if such an alternate is feasible at all. In 
conclusion, these commenters recommended that the paint booth 
requirement for objects less than 15 feet be removed in its entirety.
    Another commenter stated that the proposed requirement to conduct 
painting of parts less than or equal to 15 feet in any dimension within 
enclosed, filtered spray booths or spray rooms was incompatible with 
the requirements of aerospace manufacturing, and is not required by 
existing EPA or OSHA regulations. One of their points was that in its 
recent hexavalent chromium standard, OSHA recognized that some 
aerospace parts are so large that they must be painted in ``oversized 
workspaces.''
    Response: We did not accept the recommendation to delete the paint 
booth requirements entirely, as was suggested by the commenter. We 
determined that the use of spray booth equipped with filters was 
generally available for most painting operations present at the source 
categories addressed by this rulemaking. However, we did recognize that 
there were circumstances where booths or spray rooms were not feasible. 
Based on our information gathering efforts prior to proposal (which 
included site visits and other information gathering for the Fabricated 
Structural Metal Manufacturing source category), we believed that these 
situations could be adequately characterized based on object size, and 
we selected 15 feet as the cutoff that represented these situations. 
However, based on the information provided by these commenters, we now 
recognize the uniqueness of this industry with regard to the type of 
process and their ability to install and operate paint booths or spray 
rooms with filters to reduce MFHAP emissions for spray painting 
operations. Therefore, we have revised this final rule to remove that 
requirement for spray painting affected sources in the Fabricated 
Structural Metal Manufacturing source category, which is comprised 
solely of facilities in NAICS 332312, to comply with the requirements 
for paint booths or spray rooms with filters to reduce MFHAP emissions 
as set out in Sec.  63.11516(d)(1), ``What are my standards and 
management practices?''. However, these affected sources will be 
subject to the management practices in Sec.  63.11516(d)(2) through 
(9).
    With regard to the aerospace manufacturing comment, we would first 
point out that aerospace manufacturing facilities are not among the 
area source categories covered under this subpart (XXXXXX). As 
discussed earlier, specific language has been added to the 
applicability provisions to make this clear. However, we also reiterate 
that we believe that the provisions in the proposed rule (which were 
retained in this final rule) where objects greater than 15 feet need 
not comply with the spray booth PM filter requirement is a valid 
difference in the final rule requirements. We believe differentiation 
is consistent with the ``oversized workspaces'' concept recognized by 
OSHA.
    Comment: One commenter suggested that surface coating operations 
that do not utilize coatings containing HAP or at the minimum MFHAP 
should be exempted from the regulation. Although the proposed rule 
includes a pollution prevention regulation for these operations (3.0 
pounds (lb) VOHAP per gallon (gal) paint solids), the commenter 
believes that EPA should provide additional incentive by including an 
exemption for coating operations that utilize non-HAP coatings.
    Response: As described in more detail above (in section V.C., Scope 
of Rule) the spray painting provisions only apply to spray painting 
operations which use paints that contain MFHAP.
    Comment: One commenter said that there is a new ASHRAE method 
(52.2) procedure to demonstrate filter efficiency that was similar to 
ASHRAE 52.1 that was required in the proposed rule. The commenter 
stated that this new ASHRAE method has the additional benefit of 
considering particle size and is also very similar to proposed EPA 
Method 319 that was referenced in the NESHAP for Aerospace 
Manufacturing and Rework Facilities (40 CFR, part 63 subpart GG).
    Response: This final rules states that: ``* * * 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

[[Page 42995]]

Matter, June 4, 1992' (incorporated by reference, see Sec.  63.14).'' 
Therefore, another method can be used if it is ``consistent'' with 
ASHRAE 52.1. We believe that the new method, ASHRAE 52.2, is very 
likely to be consistent with ASHRAE 52.1. Since EPA Method 319 is only 
proposed at this time, it would be premature for EPA to include the new 
method by ASHRAE that relies on the proposed EPA method. We do not 
believe that requiring ASHRAE 52.1 in this final rule will be a 
hardship for the commenter since we believe that the commenter will be 
able to demonstrate, through the process described above, that the new 
ASHRAE 52.2 is ``consistent'' with ASHRAE 52.1. Therefore, we have not 
revised this final rule requirement to determine filter equivalency to 
include this new ASHRAE method.
5. Painting--VOHAP
    Comment: One commenter indicated that EPA has not satisfied the 
statutory prerequisites to regulate VOHAP emissions from spray painting 
operations in this rulemaking. According to the commenter, none of the 
nine categories were listed for VOHAP, and none of the VOHAP are on 
EPA's list of 30 urban air toxics. The commenter stated that EPA cited 
CAA section 112(k)(3)(C) as providing the discretion to regulate these 
HAP in order to reduce the public health risk posed by the release of 
any HAP, but the commenter says that this passage is plainly not an 
independent grant of authority to EPA. The commenter further stated 
that this CAA section is only a directive to EPA as to the level of 
cancer risk reduction to be achieved by EPA and the states through the 
applicable rulemaking provision in the CAA. The commenter further noted 
that even if CAA section 112(k)(3)(C) could be interpreted as a general 
grant of discretionary regulatory authority, it cannot be interpreted 
to override the specific provisions of CAA section 112(k) regarding 
area sources, including CAA sections 112(c)(3) and 112(k)(3)(B), and 
112(f)(1) and (2). The commenter argued that specific terms must be 
controlling over general terms. The commenter requested that all 
references to VOHAP be eliminated, and that the spray paint provisions 
apply only when coatings containing MFHAP are being spray applied.
    Response: We proposed to set GACT for VOHAP emissions from spray 
painting because 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 National Emission 
Inventory. 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 are currently lower. CAA section 112(c)(3) provides EPA with 
the authority to regulate any of the section 112(b) listed HAP upon 
certain findings being made.
    Nonetheless, given the interest in this issue as expressed by the 
commenter, we have decided not to regulate VOHAP as part of this final 
rule. Accordingly, we have revised this final rule to remove the VOHAP 
control requirements.
6. Welding
    Comment: Several commenters stated that the proposed welding 
standard is vague with respect to the need to comply with some or all 
of the management practices. They emphasized the relationship between 
emissions and other weld procedure inputs such as quality and safety in 
the selection of process variables. They suggest that the rule be 
revised to make it more explicit that weld quality need not be 
compromised in an attempt to reduce fume. The commenters emphasized 
that for many welding applications weld quality can be an issue of 
public safety.
    One commenter also suggested that the proposed rule could be 
interpreted to require that each of the individual welding management 
practices in Sec.  63.11516(f)(2), ``What are my standards and 
management practices?'', be implemented. Another objected to the use of 
the language ``whenever possible.'' Several commenters questioned the 
use of the word ``practicable'' in the proposed welding rule text, 
saying that it invites differing interpretations of what is 
practicable, in particular the importance of considering welding codes 
and standards. Finally, a commenter noted that the requirement to 
``minimize'' emissions of MFHAP is impractical, and that the word 
``reduce'' would be more proper. They pointed out that changes 
implemented solely to minimize fume generation rates may have 
unintended consequences on product quality.
    Response: We understand the commenter's concerns and did not intend 
for the welding provisions to adversely impact product quality, or that 
the facility be required to implement all of the management practices. 
The inclusion of the phrase ``as practicable'' was intended to convey 
this. However, to avoid any potential confusion, we have amended the 
language as follows: ``implement one or more of the management 
practices... to minimize emissions of MFHAP as practicable, while 
concurrently maintaining the required welding quality through the 
application of sound welding engineering judgment.'' Finally, we 
believe that the use of the word ``minimize'' is appropriate. We 
believe that replacement of ``minimize'' with ``reduce'' would imply 
that affected facilities that are already implementing management 
practices and pollution prevention techniques would be required to 
implement additional measures to further ``reduce'' their MFHAP 
emissions. Further, we believe that the combination of ``minimize'' and 
``as practicable'' makes the balance between weld quality, sound 
welding engineering principles, and emission reductions clear.
    Comment: One commenter described several highly technical issues 
with the specific welding management practices proposed, including use 
of shielding gases, use of ``low fume welding processes'', inert 
carrier gases, 90[deg] welding angles, and electrode diameter. They 
summed up by stating that welding is a complex science with many 
competing objectives, which may also be inconsistent. This commenter 
provided alternative management practices that incorporate the emission 
reduction concepts in the proposed rule in a more general manner. Their 
proposed management practices included: (1) Utilization of welding 
processes with reduced fume generation capabilities; (2) utilization of 
welding process variations, if available, such as pulsed GMAW, which 
can reduce fume generation rates; (3) utilization of welding filler 
metals and shielding gases which are capable of reduced welding fume 
generation; and (4) utilization of welding procedures (electrode 
diameter, voltage, amperage, travel speed, etc.) that reduce the amount 
of welding fume generated.
    The commenter stated that their proposed alternative management 
practices capture all the technically justified items from the proposed 
list of eleven items, and present the items in a manner consistent with 
how a manufacturing or welding engineer would approach such a task. 
According to the commenter, the alternative method will more 
effectively achieve the intended results. The commenter stated that 
only by considering each individual welding situation can the 
appropriate engineering controls be implemented. Finally, the commenter 
noted that the format of their list highlights the importance that weld 
quality not be compromised, reducing

[[Page 42996]]

the likelihood of the unintended negative consequences that could 
result.
    Response: While we do not necessarily agree with the commenter's 
technical criticisms of the 11 proposed welding management practices, 
we believe that their suggested approach improves the flexibility of 
the rule without changing the requirement to identify and implement 
emission minimization practices. We also believe that it will be 
beneficial in the future, as it provides the necessary flexibility to 
include emerging technologies that may not be necessarily included in 
the more explicit practices in the proposed rule. Therefore, we have 
revised this final rule accordingly.
    Comment: Two commenters questioned whether the 85 percent capture 
requirement for welding fume specified in the proposal is possible, and 
requested that it be removed. One commenter suggested that it may be 
more difficult to capture a high percentage of the fume with some 
welding processes, but the amount of fume released with these welding 
types could be less compared to other types of welding, even 
considering a lower capture percentage. They also noted the possibility 
of capture systems interfering with shielding gases.
    One commenter noted that use of fume control systems, both area-
wide and localized, is not always possible for the types of operations 
covered by the rule, for various logistical reasons. They added that 
local systems have a limited range of coverage and may be too big to 
reach smaller spaces.
    Response: We understand the commenter's objection, and have removed 
the requirement for a specific numeric efficiency for fume capture and 
control systems. Our original determination was that such systems 
represented one of the generally available measures available to reduce 
MFHAP emissions from welding operations. Accordingly, we have revised 
the welding provisions of this final rule to make the use of a fume 
capture and control system one of the list of management practices that 
may be used to minimize MFHAP emissions, as practicable, as long as the 
capture and control devices are operated according to the 
manufacturer's specifications and the specifications are kept on-site, 
nearby the equipment and readily available for inspector review. 
However, if the facility uses 2,000 pounds or more of MFHAP-containing 
welding rod annually, on a rolling 12-month basis, they must also 
conduct visible emissions tests. If the facility has a problem meeting 
the requirement of no visible emissions and they are operating a 
control device, the capture and/or control efficiency of the control 
systems may need to be improved so that they can meet the visible 
emissions requirement.
    Comment: One commenter stated that it would be desirable to require 
application of welding controls only after determination of HAP in the 
fume, but as a compromise, they proposed application of controls only 
after determination of visible fugitive emissions.
    Response: We believe that the requirement to apply welding 
management practices or controls to minimize emissions from welding 
``as practicable'' allows significant flexibility to welding affected 
sources. If measures are being implemented that do not result in any 
visible emissions, we believe that sufficient welding management 
practices or controls are already in effect.
    Comment: One commenter noted that sometimes, although rarely, 
facilities may perform a small amount of welding on a component after 
its construction is finalized and has been moved outdoors. According to 
the commenter, the large size of some components could make it 
difficult, if not impossible, to move them back inside to perform the 
welding. For this reason, the commenter proposed that EPA revise the 
regulation to allow a limited amount of welding, 30 minutes per month, 
to occur outdoors. Another commenter noted that at large facilities, 
with complex manufacturing processes, spot welding may be performed 
along an assembly line; they suggested that the rule should allow for 
this.
    Response: We believe that the flexibility provided by the language 
described above (``as practicable, while maintaining required weld 
quality and using sound welding engineering principles'') allows for 
the operations the commenters describe. Note that the rule contains no 
prohibition against outdoor welding or welding along an assembly line, 
it just requires that you must implement management practices to 
minimize emissions of MFHAP as practicable.

F. Monitoring

    Comment: Several commenters objected to the requirements that 
affected sources demonstrate that the applicable management practices 
are being implemented through the visual determination of fugitive 
emissions using Method 22 and, for some welding affected sources, 
Method 9. These commenters' objections were based on the opinion that 
these requirements would be overly burdensome and unnecessary, 
especially if EPA is correct in its assumption that no additional 
emissions reductions will take place. One commenter indicated that 
facilities which have previously not been permitted will not have 
capabilities to perform visible emissions determinations. They added 
that if permitted sources are not required to use these methods, it is 
unreasonable to require it of area sources. Another commenter indicated 
that these daily monitoring requirements would be very burdensome, 
particularly for welding, where Method 9 may also be required. They 
indicated that the training required to perform these determinations 
may be burdensome, particularly for small businesses. One commenter 
suggested that these requirements be removed for all types of affected 
sources. Another commenter was more specific to machining metal 
fabrication and finishing affected sources, as they noted that EPA 
indicated that HAP emissions from machining are minimal because of use 
of enclosures and cutting liquids.
    Response: The proposed rule required visual determinations of 
fugitive emissions using Method 22 from all types of dry abrasive 
blasting operations, all machining operations, all grinding and 
polishing operations, and all welding operations. These determinations 
were initially required to be performed daily, and then could be 
reduced to less frequent intervals (weekly, monthly) if no visual 
emissions were present. For welding sources, there were additional 
requirements to conduct opacity measurements using Method 9 in 
situations where visible emissions were identified using Method 22.
    The purpose of these visual determination requirements was to 
demonstrate that the specified management practices were being 
implemented to minimize fugitive MFHAP emissions. These management 
practices consist of three basic types: (1) Requirements to operate 
equipment properly (e.g., in accordance with manufacturer's 
specifications); (2) practices or operating procedures to minimize 
emissions (e.g., keep work areas free of excess MFHAP material); and 
(3) requirements to capture emissions and vent them to a filtration 
control device. Upon consideration of these comments, we have 
determined that it is not necessary to perform visual determinations of 
fugitive emissions from operations that are required to capture 
emissions and vent them to a filtration control device. This final rule 
requires capture/filtration control for dry abrasive blasting performed 
in

[[Page 42997]]

vented chambers and dry grinding and dry polishing with machines. 
Therefore, we eliminated the visual determination of fugitive emissions 
requirements for these operations. In addition, we agree with the 
commenter that visual determinations for machining operations is not 
necessary because the metal waste produced by the machining process is 
composed of relatively large pieces which immediately fall to the 
floor, and because the majority of machining operations are performed 
under cutting oils or lubricants, which entrain any metal waste. We 
have therefore removed these visual determination requirements for 
those affected sources.
    Fugitive emissions from abrasive blasting operations that are not 
performed in vented chambers are not required to be captured and vented 
to a filtration control device. We continue to believe that it is 
important that visual determinations be conducted to ensure that 
fugitive MFHAP emissions are minimized via the management practices. 
Therefore, this final rule maintains the requirement to conduct visual 
determinations of fugitive emissions using Method 22 for these sources.
    Fugitive MFHAP emissions from welding operations are not subject to 
the capture/filtration control requirements. Therefore, we believe it 
is important that the proposed visual determinations be conducted to 
ensure that fugitive MFHAP emissions are being minimized. However, due 
to our concern with the impact that these requirements could have on 
small businesses, we have removed the visual determination requirements 
for smaller welding operations that emit less MFHAP. Specifically, this 
final rule requires that welding operations that annually use 2,000 
pounds or more of welding rod containing one or more MFHAP perform 
visual determinations. Welding operations that use less than this 
amount of welding rod are subject only to the GACT management 
practices.

VI. Impacts of the Final Standards

A. What are the air impacts?

    Since 1990, facilities in these nine metal fabrication and 
finishing source categories have 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 final rule, we 
believe that this final 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, VOC, PM, and other HAP that have 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 final standard. Therefore, no additional air pollution 
control devices or systems would be required. No capital costs are 
associated with this final 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 final 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 final rule is estimated at approximately $569 per facility per 
year after the first year with an additional $384 per facility for one-
time costs in the first year. While most of these facilities are small, 
the costs are expected to be less than 0.01 percent of revenues. This 
cost estimate includes an estimate of 10 hours per year per facility, 
on the average, for labor to perform the visible emissions or opacity 
tests required by the rule for up to two affected operations. This 
estimate includes performance of the visible emissions or opacity test 
as well as documentation of the results. The labor estimate also 
includes 16 hours for preparation of a Site-specific Welding Management 
Plan (SWMP) by the approximately 60 facilities estimated to require the 
SWMP in any one year of compliance.

C. What are the economic impacts?

    The only measurable costs attributable to these final standards are 
associated with the monitoring, recordkeeping, and reporting 
requirements. These final 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 final 
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 final 
rule generates a wastewater stream. The installation of spray booths or 
spray rooms 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.

VII. 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 rule have been 
submitted for approval to the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The 
information collection requirements are not enforceable until OMB 
approves them.
    The recordkeeping and reporting requirements in this final 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.

[[Page 42998]]

    This final NESHAP will require area sources in the nine metal 
fabrication and finishing source categories 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 will be required to demonstrate compliance with operation and 
maintenance of capture and control devices, 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 
certification and compliance and annual exceedence reports will 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 20,566 
labor hours per year at a cost of $655,501 or approximately $339 per 
facility. The average annual reporting burden is 11 hours per response, 
with one response per facility for 1,933 respondents. The only costs 
attributable to these final 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 final rule.
    Although it is possible that some facilities would initially be 
required by this final rule to record the results of daily visual 
emissions or opacity testing, the graduated compliance test schedule of 
this final rule allows for decrease in frequency to quarterly if 
emissions are not found. Also, the requirement for preparation of a 
SWMP is expected to result in a maximum of three exceedences from one 
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. When this 
ICR is approved by OMB, the Agency will publish a technical amendment 
to 40 CFR part 9 in the Federal Register to display the OMB control 
number for the approved information collection requirements contained 
in this final rule.

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 final 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 final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
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 final rule 
contains requirements for new area sources, we are not aware of any new 
area sources being constructed now or planned in the next 3 years, and 
consequently, we did not estimate any impacts for new sources.
    Although this final rule will not have a significant economic 
impact on a substantial number of small entities, EPA nonetheless has 
tried to reduce the impact of this final 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.

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 this 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.
    This final rule contains no Federal mandates (under the regulatory 
provisions of Title II of the UMRA) for state, local, or tribal 
governments or of the private sector. This final rule is not expected 
to impact state, local, or tribal governments. Thus, this final rule is 
not subject to the requirements of sections 202 and 205 of the UMRA. 
EPA has determined that this final rule contains no regulatory 
requirements that might significantly or uniquely affect small 
governments. This final rule contains no requirements that apply to 
such

[[Page 42999]]

governments, and impose no obligations upon them. Therefore, this final 
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 final rule does not have federalism implications. It will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132. This final rule does not impose 
any requirements on state and local governments. Thus, Executive Order 
13132 does not apply to this final rule. In the spirit of Executive 
Order 13132, and consistent with EPA policy to promote communications 
between EPA and state and local governments, EPA specifically solicited 
comment on the 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 final rule does not have tribal 
implications, as specified in Executive Order 13175. This final rule 
imposes no requirements on tribal governments. Thus, Executive Order 
13175 does not apply to this rule

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: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This final 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 No. 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 action involves technical standards. The Agency conducted a 
search to identify potentially applicable VCS. No VCS were identified. 
Therefore, we are citing 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 rule.
    We are also using 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 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 rule.
    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 final 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. This final rule establishes national standards for 
nine area source categories.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by 
the Small Business Regulatory Enforcement Fairness Act of 1996, 
generally provides that before a rule may take effect, the agency 
promulgating the rule must submit a rule report, which includes a copy 
of the rule, to each House of Congress and to the Comptroller General 
of the United States. EPA will submit a report containing this final 
rule and other required information to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States 
prior to publication of this final rule in the Federal Register. A 
major rule cannot take effect until 60 days after it is published in 
the Federal Register. This action is not a ''major rule'' as defined by 
5 U.S.C. 804(2). This final rule will be effective on July 23, 2008.

[[Page 43000]]

List of Subjects in 40 CFR Part 63

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

    Dated: June 13, 2008.
Stephen L. Johnson,
Administrator.

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

PART 63--[AMENDED]

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

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

Subpart A--[Amended]

0
2. Section 63.14 is amended as follows:
0
a. By removing the heading in paragraph (d) introductory text.
0
b. By revising paragraphs (d)(7) and (8).
0
c. By revising paragraph (l)(1)


Sec.  63.14  Incorporations by reference.

* * * * *
    (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) and Sec.  
63.11516(d).
    (8) California South Coast Air Quality Management District's 
``Guidelines for Demonstrating Equivalency with District Approved 
Transfer Efficient Spray Guns, September 26, 2002,'' Revision 0, IBR 
approved for Sec. Sec.  63.11173(e) and 63.11516(d).
* * * * *
    (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) and 63.11516(d).
* * * * *

0
3. Part 63 is amended by adding subpart XXXXXX consisting of Sec. Sec.  
63.11514 through 63.11523 and tables 1 through 2 to read as follows:
Subpart XXXXXX--National Emission Standards for Hazardous Air 
Pollutants Area Source Standards for Nine Metal Fabrication and 
Finishing Source Categories

Applicability and Compliance Dates

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 apply to this subpart?
Table 1 to Subpart XXXXXX of Part 63--Description of Source 
Categories Affected by this Subpart
Table 2 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 Nine 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 that is primarily engaged in the operations in one of the 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. ``Primarily engaged'' is defined in Sec.  63.11522, 
``What definitions apply to 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 if you use materials that contain or have the potential to 
emit metal fabrication or finishing metal HAP (MFHAP), defined to be 
the compounds of cadmium, chromium, lead, manganese, and nickel, or any 
of these metals in the elemental form with the exception of lead. 
Materials that contain MFHAP are defined to be materials that contain 
greater than 0.1 percent for carcinogens, as defined by OSHA at 29 CFR 
1910.1200(d)(4), and greater than 1.0 percent for noncarcinogens. For 
the MFHAP, this corresponds to materials that contain cadmium, 
chromium, lead, or nickel in amounts greater than or equal to 0.1 
percent by weight (of the metal), and materials that contain manganese 
in amounts greater than or equal to 1.0 percent by weight (of the 
metal), as shown in formulation data provided by the manufacturer or 
supplier, such as the Material Safety Data Sheet for the material.
    (1) A dry abrasive blasting affected source is the collection of 
all equipment and activities necessary to perform dry abrasive blasting 
operations which use materials that contain MFHAP or that have the 
potential to emit MFHAP.
    (2) A machining affected source is the collection of all equipment 
and activities necessary to perform machining operations which use 
materials that contain MFHAP, as defined in Sec.  63.11522, ``What 
definitions apply to this subpart?'', or that have the potential to 
emit MFHAP.
    (3) A dry grinding and dry polishing with machines affected source 
is the collection of all equipment and activities necessary to perform 
dry grinding and dry polishing with machines operations which use 
materials that contain MFHAP, as defined in Sec.  63.11522, ``What 
definitions apply to this subpart?'', or have the potential to emit 
MFHAP.
    (4) A spray painting affected source is the collection of all 
equipment and activities necessary to perform spray-applied painting 
operations using paints which contain MFHAP. A spray painting 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). Affected 
source(s) subject to the requirements of this paragraph are not subject 
to the miscellaneous surface coating provisions of subpart HHHHHH of 
this part, ``National Emission Standards for Hazardous Air Pollutants: 
Paint Stripping and Miscellaneous Surface Coating Operations at Area 
Sources.''
    (5) A welding affected source is the collection of all equipment 
and activities necessary to perform welding operations which use 
materials that

[[Page 43001]]

contain MFHAP, as defined in Sec.  63.11522, ``What definitions apply 
to this subpart?'', or 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, facility maintenance, or quality control activities as 
defined in Sec.  63.11522, ``What definitions apply to this subpart?''
    (g) This subpart does not apply to operations performed on site at 
installations owned or operated by the Armed Forces of the United 
States (including the Coast Guard and the National Guard of any such 
state), the National Aeronautics and Space Administration, or the 
National Nuclear Security Administration.
    (h) This subpart does not apply to operations that produce military 
munitions, as defined in Sec.  63.11522, ``What definitions apply to 
this subpart?'', manufactured by or for the Armed Forces of the United 
States (including the Coast Guard and the National Guard of any such 
state), or equipment directly and exclusively used for the purposes of 
transporting military munitions.
    (i) 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 by 
July 25, 2011.
    (b) If you own or operate a new affected source, you must achieve 
compliance with the applicable provisions in this subpart by July 23, 
2008, or upon startup of your affected source, whichever is later.

Standards and Compliance Requirements


Sec.  63.11516  What are my standards and management practices?

    (a) Dry abrasive blasting standards. If you own or operate a new or 
existing dry abrasive blasting affected source, you must comply with 
the requirements in paragraphs (a)(1) through (3) of this section, as 
applicable, for each dry abrasive blasting operation that uses 
materials that contain MFHAP, as defined in Sec.  63.11522, ``What 
definitions apply to this subpart?'', or has the potential to emit 
MFHAP. These requirements do not apply when abrasive blasting 
operations are being performed that do not use any materials containing 
MFHAP or do not have the potential to emit MFHAP.
    (1) Standards for dry abrasive blasting of objects performed in 
totally enclosed and unvented blast chambers. If you own or operate a 
new or existing dry abrasive blasting affected source which consists of 
an abrasive blasting chamber that is totally enclosed and unvented, as 
defined in Sec.  63.11522, ``What definitions apply to this subpart?'', 
you must implement management practices to minimize emissions of MFHAP. 
These management practices are the practices specified in paragraph 
(a)(1)(i) and (ii) of this section.
    (i) You must minimize dust generation during emptying of abrasive 
blasting enclosures; and
    (ii) You must operate all equipment associated with dry abrasive 
blasting operations according to the manufacturer's instructions.
    (2) Standards for dry abrasive blasting of objects performed in 
vented enclosures. If you own or operate a new or existing dry abrasive 
blasting 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) 
and (ii) of this section. Dry abrasive blasting operations for which 
the items to be blasted exceed 8 feet (2.4 meters) in any dimension, 
may be performed 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 operate the filtration control device 
according to manufacturer's instructions, and you must demonstrate 
compliance with this requirement by maintaining a record of the 
manufacturer's specifications for the filtration control devices, as 
specified by the requirements in Sec.  63.11519(c)(4), ``What are my 
notification, recordkeeping, and reporting requirements?''
    (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 take measures necessary to minimize excess dust in the 
surrounding area to reduce MFHAP emissions, as practicable; and
    (B) You must enclose dusty abrasive material storage areas and 
holding bins, seal chutes and conveyors that transport abrasive 
materials; and
    (C) You must operate all equipment associated with dry abrasive 
blasting operations according to manufacturer's instructions.
    (3) Standards for dry abrasive blasting of objects greater than 8 
feet (2.4 meters) in any one dimension. If you own or operate a new or 
existing dry abrasive blasting affected source which consists of a dry 
abrasive blasting operation which is performed on objects greater than 
8 feet (2.4 meters) in any one dimension, you may implement management 
practices to minimize emissions of MFHAP as specified in paragraph 
(a)(3)(i) of this section instead of the practices required by 
paragraph (a)(2) 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 dry abrasive blasting of objects 
greater than 8 feet (2.4 meters) in any one dimension are specified in 
paragraphs (a)(3)(i)(A) through (E) of this section.
    (A) You must take measures necessary to minimize excess dust in the 
surrounding area to reduce MFHAP emissions, as practicable; and
    (B) You must enclose abrasive material storage areas and holding 
bins, seal chutes and conveyors that transport abrasive material; and
    (C) You must operate all equipment associated with dry abrasive 
blasting operations according to manufacturer's instructions; and
    (D) You must not re-use dry abrasive blasting media 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
    (E) Whenever practicable, you must switch from high particulate 
matter (PM)-emitting blast media (e.g., sand) to low PM-emitting blast 
media (e.g., crushed glass, specular hematite, steel shot, aluminum 
oxide), where PM is a surrogate for MFHAP.

[[Page 43002]]

    (ii) You must perform visual determinations of fugitive emissions, 
as specified in Sec.  63.11517(b), ``What are my monitoring 
requirements?'', according to paragraphs (a)(3)(ii)(A) or (B) of this 
section, as applicable.
    (A) For abrasive blasting of objects greater than 8 feet (2.4 
meters) in any one dimension that is performed outdoors, you must 
perform visual determinations of fugitive emissions at the fenceline or 
property border nearest to the outdoor dry abrasive blasting operation.
    (B) For abrasive blasting of objects greater than 8 feet (2.4 
meters) in any one dimension that is performed indoors, you must 
perform visual determinations of fugitive emissions at the primary 
vent, stack, exit, or opening from the building containing the abrasive 
blasting operations.
    (iii) 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), ``What are my 
notification, recordkeeping, and reporting requirements?''
    (iv) If visible fugitive emissions are detected, you must 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) You must perform a follow-up inspection for visible fugitive 
emissions in accordance with Sec.  63.11517(a), ``Monitoring 
Requirements.''
    (B) 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, with your 
annual certification and 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 affected source, you must implement management 
practices to minimize emissions of MFHAP as specified in paragraph 
(b)(1) and (2) of this section for each machining operation that uses 
materials that contain MFHAP, as defined in Sec.  63.11522, ``What 
definitions apply to this subpart?'', or has the potential to emit 
MFHAP. These requirements do not apply when machining operations are 
being performed that do not use any materials containing MFHAP and do 
not have the potential to emit MFHAP.
    (1) You must take measures necessary to minimize excess dust in the 
surrounding area to reduce MFHAP emissions, as practicable; and
    (2) You must operate all equipment associated with machining 
according to manufacturer's instructions.
    (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 affected source, you must comply with the requirements of 
paragraphs (c)(1) and (2) of this section for each dry grinding and dry 
polishing with machines operation that uses materials that contain 
MFHAP, as defined in Sec.  63.11522, ``What definitions apply to this 
subpart?'', or has the potential to emit MFHAP. These requirements do 
not apply when dry grinding and dry polishing operations are being 
performed that do not use any materials containing MFHAP and do not 
have the potential to emit MFHAP.
    (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 
filtration control devices, as specified by the requirements in Sec.  
63.11519(c)(4), ``Notification, recordkeeping, and reporting 
Requirements.''
    (2) You must implement management practices to minimize emissions 
of MFHAP as specified in paragraphs (c)(2)(i) and (ii) of this section.
    (i) You must take measures necessary to minimize excess dust in the 
surrounding area to reduce MFHAP emissions, as practicable;
    (ii) You must operate all equipment associated with the operation 
of dry grinding and dry polishing with machines, including the 
filtration control device, according to manufacturer's instructions.
    (d) Standards for control of MFHAP in spray painting. If you own or 
operate a new or existing spray painting affected source, as defined in 
Sec.  63.11514 (b)(4), ``Am I subject to this subpart?,'' you must 
implement the management practices in paragraphs (d)(1) through (9) of 
this section when a spray-applied paint that contains MFHAP is being 
applied. These requirements do not apply when spray-applied paints that 
do not contain MFHAP are being applied.
    (1) Standards for spray painting for MFHAP control. All spray-
applied painting of objects must meet the requirements of paragraphs 
(d)(1)(i) through (iii) of this section. These requirements do not 
apply to affected sources located at Fabricated Structural Metal 
Manufacturing facilities, as described in Table 1, ``Description of 
Source Categories Affected by this Subpart,'' or affected sources that 
spray paint objects greater than 15 feet (4.57 meters), that are not 
spray painted in spray booths or spray rooms.
    (i) Spray booths or spray rooms 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 or spray 
rooms must be ventilated so that air is drawn into the booth and leaves 
only though 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 or spray rooms 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). 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-High Volume Low Pressure) air-atomized spray gun 
operating at 40 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 or spray rooms according to manufacturer's 
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 or 
spray rooms equipped with a water curtain, called ``waterwash'' or 
``waterspray'' booths or spray rooms 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 or spray rooms requirements of paragraphs (d)(1)(i) through 
(iii) of this section.
    (2) Standards for spray painting application equipment of all 
objects painted for MFHAP control. All paints applied via spray-applied 
painting must

[[Page 43003]]

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'', Revision 0 (incorporated by 
reference, see Sec.  63.14).
    (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)(7), ``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 the used 
gun cleaning solvent. Spray gun cleaning may be done with, 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 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 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 paint 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)(8), ``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 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 January 20, 2009, 180 days after startup, 
or 180 days after hiring, 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 July 25, 2011, or 180 days after 
hiring, 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. All personnel must receive refresher training that meets 
the requirements of this section and be re-certified every 5 years.
    (e) [Reserved]
    (f) Standards for welding. If you own or operate a new or existing 
welding affected source, you must comply with the requirements in 
paragraphs (f)(1) and (2) of this section for each welding operation 
that uses materials that contain MFHAP, as defined in Sec.  63.11522, 
``What definitions apply to this subpart?'', or has the potential to 
emit MFHAP. If your welding affected source uses 2,000 pounds or more 
per year of welding rod containing one or more MFHAP (calculated on a 
rolling 12-month basis), 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. The 
requirements in paragraphs (f)(1) through (8) of this section do not 
apply when welding operations are being performed that do not use any 
materials containing MFHAP or do not have the potential to emit MFHAP.
    (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

[[Page 43004]]

capture and control devices, as specified by the requirements in Sec.  
63.11519(c)(4), ``Notification, recordkeeping, and reporting 
requirements.''
    (2) You must implement one or more of the management practices 
specified in paragraphs (f)(2)(i) through (v) of this section to 
minimize emissions of MFHAP, as practicable, while maintaining the 
required welding quality through the application of sound engineering 
judgment.
    (i) Use welding processes with reduced fume generation capabilities 
(e.g., gas metal arc welding (GMAW)--also called metal inert gas 
welding (MIG));
    (ii) Use welding process variations (e.g., pulsed current GMAW), 
which can reduce fume generation rates;
    (iii) Use welding filler metals, shielding gases, carrier gases, or 
other process materials which are capable of reduced welding fume 
generation;
    (iv) Optimize welding process variables (e.g., electrode diameter, 
voltage, amperage, welding angle, shield gas flow rate, travel speed) 
to reduce the amount of welding fume generated; and
    (v) Use a welding fume capture and control system, operated 
according to the manufacturer's specifications.
    (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 
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 
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 certification and 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 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 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 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 certification and compliance report 
as required by Sec.  63.11519(b)(6), ``Notification, recordkeeping, and 
reporting requirements.''
    (6) Requirements for opacities less than or equal to 20 percent but 
greater than zero. 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 20 percent 
or less but greater than zero, 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 certification and compliance report, as 
specified in Sec.  63.11519(b)(8), ``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 visual 
determinations of emissions opacity, beginning on a daily schedule as 
specified in Sec.  63.11517(d), ``Monitoring Requirements,'' using EPA 
Method 9, at the primary vent, stack, exit, or opening from the 
building containing the welding 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 certification and 
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 Plan

[[Page 43005]]

must comply with the requirements in paragraphs (f)(8)(i) through (iii) 
of this section.
    (i) Site-Specific Welding Emissions Management Plan 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 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 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 certification and 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)(12), ``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-7. 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 (4) 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 once every five days of operation of the process 
(one calendar week). 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 (one calendar month). 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.
    (4) Quarterly Method 22 Testing. If no visible fugitive emissions 
are detected in three consecutive monthly EPA Method 22 tests performed 
in accordance with paragraph (b)(3) of this section, you may decrease 
the frequency of EPA Method 22 testing to once per 60 days of operation 
of the process (3 calendar months). If visible fugitive emissions are 
detected during these tests, you must resume monthly EPA Method 22 in 
accordance with paragraph (b)(3) 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 40 CFR part 60, 
Appendix A-4, 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 (5) 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) Quarterly 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)(3) of this section does not exceed 20 percent for three 
consecutive monthly tests, you may decrease the frequency of EPA Method 
9 testing to once per every 120 days of operation of the process. If 
visible emissions opacity greater than 20 percent is detected during 
any quarterly test, you must resume testing every 21 days (month) of 
operation of the process according to the requirements of paragraph 
(d)(3) of this section.
    (5) 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 EPA Method 22 testing as in 
paragraphs (b)(3) and (4) of this section. In lieu of this, you may 
elect to continue performing EPA Method 9 tests in

[[Page 43006]]

accordance with paragraphs (d)(3)and (4) 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 an 
area source in one of the nine metal fabrication and finishing source 
categories, 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 November 20, 2008, whichever is 
later. For an existing affected source, you must submit the Initial 
Notification no later than July 25, 2011. 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 affected source, you must submit a notification 
of compliance status on or before November 22, 2011. If you are the 
owner or operator of a new affected source, you must submit a 
notification of compliance status within 120 days after initial 
startup, or by November 20, 2008, whichever is later. You are required 
to submit the information specified in paragraphs (a)(2)(i) through 
(iv) 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 certification and compliance reports. You must prepare 
and submit annual certification and compliance reports for each 
affected source according to the requirements of paragraphs (b)(2) 
through (7) of this section. The annual certification and compliance 
reporting requirements may be satisfied by reports required under other 
parts of the CAA, as specified in paragraph (b)(3) of this section.
    (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 submit each annual 
certification and 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 certification and 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 certification and compliance report 
must cover the subsequent semiannual reporting period from January 1 
through December 31.
    (iii) Each annual certification and compliance report must be 
prepared and submitted 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 certification and compliance report must 
be submitted along with the 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 
certification and 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 
certification and 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 certification and 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 certification and 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 certification and 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;

[[Page 43007]]

    (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) [Reserved]
    (8) 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 certification and 
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 Emission Management Plan,'' along with your annual 
certification and 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 (13) of this section, according 
to the requirements in paragraph (c)(14) 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, must be maintained for 5 years and 
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, ``What are my 
standards and management practices?''
    (5) Spray paint booth filter records. Maintain a record of the 
filter efficiency demonstrations and spray paint booth filter 
maintenance activities, performed in accordance with Sec.  
63.11516(d)(1)(ii) and (iii), ``Requirements for spray painting objects 
in spray booths or spray rooms.''
    (6) Waterspray booth or water curtain efficiency tests. Maintain a 
record of the water curtain efficiency demonstrations performed in 
accordance with Sec.  63.11516(d)(1)(ii), ``Requirements for spray 
painting objects in spray booths or spray rooms.''
    (7) 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.
    (8) 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.
    (9) [Reserved]
    (10) [Reserved]
    (11) 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.''
    (12) 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 it must be readily 
available for inspector review.
    (13) 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.
    (14) Welding Rod usage. If you operate a new or existing welding 
affected source which is not required to comply with the requirements 
of Sec.  63.11516(f)(3) through (8) because it uses less than 2,000 
pounds per year of welding rod (on a rolling 12-month basis), you must 
maintain records demonstrating your welding rod usage on a rolling 12-
month basis.
    (15) Your records must be maintained according to the requirements 
in paragraphs (c)(14)(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.

[[Page 43008]]

    (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 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 (5) 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.
    (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:
    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 a 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 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.
    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.
    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 in fixed or 
stationary machines. Hand grinding, hand polishing, and bench top dry 
grinding and dry polishing are not included under this definition.
    Fabric filter means a type of 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 process equipment, machinery, control 
equipment, 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 spray-applied 
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.
    Filtration control device means a control device that utilizes a 
filter to reduce the emissions of MFHAP and other PM.
    Grinding means a process performed on a workpiece 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.
    Material containing MFHAP means a material containing one or more 
MFHAP. Any material that contains cadmium, chromium, lead, or nickel in 
amounts greater than or equal to 0.1 percent by weight (as the metal), 
and contains manganese in amounts greater than or equal to 1.0 percent 
by weight (as the metal), as shown in formulation data provided by the 
manufacturer or

[[Page 43009]]

supplier, such as the Material Safety Data Sheet for the material, is 
considered to be a material containing MFHAP.
    Metal fabrication and finishing HAP (MFHAP) means any compound of 
the following metals: Cadmium, chromium, lead, manganese, or nickel, or 
any of these metals in the elemental form, with the exception of lead.
    Metal fabrication and finishing source categories are limited to 
the nine metal fabrication and finishing source categories with the 
activities described in Table 1, ``Description of Source Categories 
Affected by 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 area source 
categories listed in Table 1, ``Description of Source Categories 
Affected by this Subpart.''
    Military munitions means all ammunition products and components 
produced or used by or for the U.S. Department of Defense (DoD) or for 
the U.S. Armed Services for national defense and security, including 
military munitions under the control of the DoD, the U.S. Coast Guard, 
the National Nuclear Security Administration (NNSA), U.S. Department of 
Energy (DOE), and National Guard personnel. The term military munitions 
includes: Confined gaseous, liquid, and solid propellants, explosives, 
pyrotechnics, chemical and riot control agents, smokes, and 
incendiaries used by DoD components, including bulk explosives and 
chemical warfare agents, chemical munitions, biological weapons, 
rockets, guided and ballistic missiles, bombs, warheads, small arms 
ammunition, grenades, mines, torpedoes, depth charges, cluster 
munitions and dispensers, demolition charges, nonnuclear components of 
nuclear weapons, wholly inert ammunition products, and all devices and 
components of any items listed in this definition.
    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.
    Polishing with machines 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 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 or in bench top operations 
are not considered polishing with machines for the purposes of this 
subpart.
    Primarily engaged means the manufacturing, fabricating, or forging 
of one or more products listed in one of the nine metal fabrication and 
finishing source category descriptions in Table 1, ``Description of 
Source Categories Affected by this Subpart,'' where this production 
represents at least 50 percent of the production at a facility, and 
where production quantities are established by the volume, linear foot, 
square foot, or other value suited to the specific industry. The period 
used to determine production should be the previous continuous 12 
months of operation. Facilities must document and retain their 
rationale for the determination that their facility is not ``primarily 
engaged'' pursuant to Sec.  63.10(b)(3) of the General Provisions.
    Quality control activities means operations that meet all of the 
following criteria:
    (1) The activities are intended to detect and correct defects in 
the final product by selecting a limited number of samples from the 
operation, and comparing the samples against specific performance 
criteria.
    (2) The activities do not include the production of an intermediate 
or final product for sale or exchange for commercial profit; for 
example, parts that are not sold and do not leave the facility.
    (3) The activities are not a normal part of the operation;
    (4) The activities do not involve fabrication of tools, equipment, 
machinery, and structures that comprise the infrastructure of the 
facility and that are necessary for the facility to function in its 
intended capacity; that is, the activities are not facility 
maintenance.
    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.
    Spray booth or spray room means an enclosure with four sides and a 
roof where spray paint is prevented from leaving the booth during 
spraying by the enclosure. The roof of the spray booth or spray room 
may contain narrow slots for connecting the parts and products to 
overhead cranes, or for cord or cable entry into the spray booth or 
spray room.
    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 is 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 device.

[[Page 43010]]

    Welding means a process which joins two metal parts by melting the 
parts at the joint and filling the space with molten metal.
    Welding rod containing MFHAP means a welding rod that contains 
cadmium, chromium, lead, or nickel in amounts greater than or equal to 
0.1 percent by weight (as the metal), or that contains manganese in 
amounts greater than or equal to 1.0 percent by weight (as the metal), 
as shown in formulation data provided by the manufacturer or supplier, 
such as the Material Safety Data Sheet for the welding rod.


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 2 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      Establishments primarily engaged in
 Equipment Finishing            manufacturing motors and generators; and
 Operations.                    electrical machinery, equipment, and
                                supplies, not elsewhere classified. The
                                electrical machinery equipment and
                                supplies industry sector of this source
                                category includes establishments
                                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 sector of this source
                                category includes 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  Establishments primarily engaged in
 Shops).                        manufacturing power marine boilers,
                                pressure and nonpressure tanks,
                                processing and storage vessels, heat
                                exchangers, weldments and similar
                                products.
Fabricated Structural Metal    Establishments primarily engaged in
 Manufacturing.                 fabricating iron and steel or other
                                metal for structural purposes, such as
                                bridges, buildings, and sections for
                                ships, boats, and barges.
Heating Equipment, except      Establishments primarily engaged in
 Electric.                      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       Establishments primarily engaged in
 Equipment Finishing            construction machinery manufacturing;
 Operations.                    oil and gas field machinery
                                manufacturing; and pumps and pumping
                                equipment manufacturing. The
                                construction machinery manufacturing
                                industry sector of this source 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
                                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 of this
                                source category 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.
                                The pumps and pumping equipment
                                manufacturing sector of this source
                                category 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.......  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        Establishments primarily engaged in
 Manufacturing.                 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.
------------------------------------------------------------------------


[[Page 43011]]

    Instructions for Table 2--As required in Sec.  63.11523, ``General 
Provisions Requirements,'' you must meet each requirement in the 
following table that applies to you.

     Table 2--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), (c)(2),  Compliance with standards and
 (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. E8-16263 Filed 7-22-08; 8:45 am]
BILLING CODE 6560-50-P