[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67791-67807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24129]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2021-0016; FRL-8339-02-OAR]
RIN 2060-AV34


National Emission Standards for Hazardous Air Pollutants: Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources 
Technology Review

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes the technology review conducted for the 
paint stripping and miscellaneous surface coating operations area 
source categories regulated under national emission standards for 
hazardous air pollutants (NESHAP). These final amendments also address 
provisions regarding electronic reporting; make miscellaneous 
clarifying and technical corrections; simplify the petition for 
exemption process; and clarify requirements for emissions during 
periods of startup, shutdown, and malfunction (SSM). We are making no 
revisions to the numerical emission limits based on the technology 
review.

DATES: This final rule is effective on November 10, 2022. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of November 10, 
2022.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has 
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2021-0016. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not 
publicly available, e.g., Confidential Business Information 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 
https://www.regulations.gov/, or in hard copy at the EPA Docket Center, 
WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, 
Washington, DC. The Public Reading Room hours of operation are 8:30 
a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday. 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For questions about this final action, 
contact Lisa Sutton, Sector Policies and Programs Division (D243-04), 
Office of Air Quality Planning and Standards, U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-3450; fax number: (919) 541-4991; and email 
address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. Throughout this document the 
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We 
use multiple acronyms and terms in this preamble. While this list may 
not be exhaustive, to ease the reading of this preamble and for 
reference purposes, the EPA defines the following terms and acronyms 
here:

ASHRAE American Society of Heating, Refrigerating, and Air-
Conditioning Engineers
CAA Clean Air Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations

[[Page 67792]]

EPA Environmental Protection Agency
FR Federal Register
GACT generally available control technology
HAP hazardous air pollutant(s)
HVLP high-volume, low-pressure
IBR incorporation by reference
km kilometer
MACT maximum achievable control technology
MeCl methylene chloride
NESHAP national emission standards for hazardous air pollutants
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
PDF portable document format
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SSM startup, shutdown, and malfunction
the court United States Court of Appeals for the District of 
Columbia Circuit
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

    Background information. On November 19, 2021, the EPA proposed 
revisions to the Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources NESHAP based on our technology review (86 FR 
66130). In this action, we are finalizing decisions and revisions for 
the rule. We summarize some of the more significant comments we timely 
received regarding the proposed rule and provide our responses in this 
preamble. A summary of all other public comments on the proposal and 
the EPA's responses to those comments is available in Summary of Public 
Comments and Responses for the Final Area Source Surface Coating and 
Paint Stripping Rule, Docket ID No. EPA-HQ-OAR-2021-0016. A ``track 
changes'' version of the regulatory language that incorporates the 
changes in this action is available in the docket.
    Organization of this document. 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 and other related 
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority for this action?
    B. What are the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources source categories and how does 
the NESHAP regulate HAP emissions from the source categories?
    C. What changes did we propose for the Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources source 
categories in our November 19, 2021, technology review?
III. What is included in this final rule?
    A. What are the final rule amendments based on the technology 
review for the Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources source categories?
    B. What are the final rule amendments addressing emissions 
during periods of startup, shutdown, and malfunction?
    C. What other changes have been made to the NESHAP?
    D. What are the effective and compliance dates of the standards?
IV. What is the rationale for our final decisions and amendments for 
the Paint Stripping and Miscellaneous Surface Coating Operations at 
Area Sources source categories?
    A. Technology Review for the Paint Stripping and Miscellaneous 
Surface Coating Operations at Area Sources Source Categories
    B. Electronic Reporting
    C. SSM Provisions
    D. Petition for Exemption
V. Summary of Cost, Environmental, and Economic Impacts and 
Additional Analyses Conducted
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
    G. What analysis of children's environmental health did we 
conduct?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated entities. Categories and entities potentially regulated 
by this action are shown in Table 1 of this preamble.

                Table 1--NESHAP, Industrial, and Government Sources Affected by This Final Action
----------------------------------------------------------------------------------------------------------------
         NESHAP-regulated category                   NAICS code                   Regulated entities \a\
----------------------------------------------------------------------------------------------------------------
Aerospace Equipment.......................                        336413  Aircraft engines, aircraft parts,
                                                                  336414   aerospace ground equipment.
                                                                  336415
                                                                   54171
Automobiles and Automobile Parts..........                        335312  Engine parts, vehicle parts and
                                                                  336111   accessories, brakes, axles, etc.
                                                                  336211   Motor vehicle body manufacturing and
                                                                  336310   automobile assembly plants. New and
                                                                   33632   used car dealers. Automotive body,
                                                                   33633   paint, and interior repair and
                                                                           maintenance.
                                                                   33634
                                                                   33637
                                                                  336390
                                                                  441110
                                                                  441120
                                                                  811121
Chemical Manufacturing and Product                                325110  Petrochemicals, Industrial Gases,
 Preparation.                                                     325120   Inorganic Dyes and Pigments, Basic
                                                                  325130   Inorganic and Organic Chemicals,
                                                                  325180   Cyclic Crude and Intermediates, Ethyl
                                                                  325192   Alcohol, Miscellaneous Chemical
                                                                           Production and Preparation.

[[Page 67793]]

 
                                                                  325193
                                                                  325199
                                                                  325998
Extruded Aluminum.........................                        331318  Extruded aluminum, architectural
                                                                  331524   components, coils, rod, and tubes.
                                                                  332321
                                                                  332323
Government................................                Not Applicable  Government entities, besides
                                                                           Department of Defense, that maintain
                                                                           vehicles, such as school buses,
                                                                           police and emergency vehicles,
                                                                           transit buses, or highway maintenance
                                                                           vehicles.
Heavy Equipment...........................                         33312  Tractors, earth moving machinery.
                                                                  333611
                                                                  333618
Job Shops.................................                        332312  Manufacturing industries not elsewhere
                                                                  332722   classified (e.g., bezels, consoles,
                                                                  332813   panels, lenses).
                                                                  332991
                                                                  332999
                                                                  334118
                                                                  336413
                                                                  339999
Large Trucks and Buses....................                         33612  Large trucks and buses.
                                                                  336211
Metal Buildings...........................                        332311  Prefabricated metal buildings,
                                                                           carports, docks, dwellings,
                                                                           greenhouses, panels for buildings.
Metal Containers..........................                         33242  Drums, kegs, pails, shipping
                                                                   81131   containers.
                                                                  322219
                                                                  331513
                                                                  332439
Metal Pipe and Foundry....................                        331110  Plate, tube, rods, nails, etc.
                                                                  331513
                                                                   33121
                                                                  331221
                                                                  331511
Rail Transportation.......................                         33651  Brakes, engines, freight cars,
                                                                  482111   locomotives.
Recreational Vehicles and Other                                   321991  Mobile Homes. Motorcycles, motor
 Transportation Equipment.                                          3369   homes, semi-trailers, truck trailers.
                                                                  331318   Miscellaneous transportation related
                                                                  336991   equipment and parts. Travel trailer
                                                                  336211   and camper manufacturing.
                                                                  336112
                                                                  336212
                                                                  336213
                                                                  336214
                                                                  336390
                                                                  336999
                                                                   33635
                                                                   56121
                                                                    8111
                                                                   56211
Rubber-to- Metal Products.................                        326291  Engine mounts, rubberized tank tread,
                                                                  326299   harmonic balancers.
Structural Steel..........................                        332311  Joists, railway bridge sections,
                                                                  332312   highway bridge sections.
Waste Treatment, Disposal, and Materials                          562211  Hazardous Waste Treatment and
 Recovery.                                                        562212   Disposal, Solid Waste Landfill, Solid
                                                                  562213   Waste Combustors and Incinerators,
                                                                  562219   Other Nonhazardous Waste Treatment
                                                                  562920   and Disposal, Materials Recovery.
Other Industrial and Commercial...........                        211130  Natural Gas Liquid Extraction.
                                                                  311942  Spices and Extracts.
                                                                  331313  Alumina Refining.
                                                                  337214  Office furniture, except wood.
                                                                  811420   Reupholstery and Furniture Repair.
                                                                  325211  Plastics Material Synthetic Resins,
                                                                           and Nonvulcanizable Elastomers.
                                                                  325510  Paint and Coating Manufacturing.
                                                            32614, 32615  Plastic foam products (e.g., pool
                                                                           floats, wrestling mats, life
                                                                           jackets).

[[Page 67794]]

 
                                                                  326199  Plastic products not elsewhere
                                                                           classified (e.g., name plates, coin
                                                                           holders, storage boxes, license plate
                                                                           housings, cosmetic caps, cup
                                                                           holders).
                                                                  333316  Office machines.
                                                                   33422  Radio and television broadcasting and
                                                                           communications equipment (e.g.,
                                                                           cellular telephones).
                                                 339112, 339113, 339114,  Medical equipment and supplies.
                                                          339115, 339116
                                                                   33992  Sporting and athletic goods.
                                                                   33995  Signs and advertising specialties.
                                                          336611, 336612  Boat and ship building.
                                                                  713930  Marinas, including boat repair yards.
----------------------------------------------------------------------------------------------------------------
\a\ Regulated entities means area source facilities that use methylene chloride (MeCl)-containing paint
  strippers to strip paint from, or that apply surface coatings to, these parts or products.

    Table 1 of this preamble is not intended to be exhaustive, but 
rather to provide a guide for readers regarding entities likely to be 
affected by the final action for the source categories listed. To 
determine whether your facility is affected, you should examine the 
applicability criteria in the appropriate NESHAP. If you have any 
questions regarding the applicability of any aspect of this NESHAP, 
please contact the appropriate person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section of this preamble.

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the internet. Following 
signature by the EPA Administrator, the EPA will post a copy of this 
final action at: https://www.epa.gov/stationary-sources-air-pollution/paint-stripping-and-miscellaneous-surface-coating-operations. Following 
publication in the Federal Register, the EPA will post the Federal 
Register version and key technical documents at this same website.

C. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of 
this final action is available only by filing a petition for review in 
the United States Court of Appeals for the District of Columbia Circuit 
(the court) by January 9, 2023. Under CAA section 307(b)(2), the 
requirements established by this final rule may not be challenged 
separately in any civil or criminal proceedings brought by the EPA to 
enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only 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 the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator 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 should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South 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

A. What is the statutory authority for this action?

    The statutory authority for this action is provided by sections 112 
and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section 
112(d)(6) requires the EPA to review standards promulgated under CAA 
section 112(d) and revise them ``as necessary (taking into account 
developments in practices, processes, and control technologies)'' no 
less often than every 8 years following promulgation of those 
standards. This is referred to as a ``technology review'' and is 
required for all standards established under CAA section 112(d), 
including generally available control technology (GACT) standards that 
apply to area sources. This action constitutes the CAA section 
112(d)(6) technology review for the Paint Stripping and Miscellaneous 
Surface Coating Operations at Area Sources NESHAP.
    Several additional CAA sections are relevant to this action as they 
specifically address regulation of hazardous air pollutant emissions 
from area sources. Collectively, CAA sections 112(c)(3), (d)(5), and 
(k)(3) are the basis of the Area Source Program under the Urban Air 
Toxics Strategy, which provides the framework for regulation of area 
sources under CAA section 112.
    Section 112(k)(3)(B) of the CAA required the EPA to identify at 
least 30 HAP that posed the greatest potential health threat in urban 
areas with a primary goal of achieving a 75 percent reduction in cancer 
incidence attributable to HAP emitted from stationary sources. As 
discussed in the Integrated Urban Air Toxics Strategy (64 FR 38706, 
38715, July 19, 1999), the EPA identified 30 HAP emitted from area 
sources that pose the greatest potential health threat in urban areas, 
and these HAP are commonly referred to as the ``30 urban HAP.''
    Section 112(c)(3), in turn, required the 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 were 
subject to regulation. The EPA implemented these requirements through 
the Integrated Urban Air Toxics Strategy by identifying and setting 
standards for categories of area sources including the Paint Stripping 
and Miscellaneous Surface Coating Operations at Area Sources source 
categories that are addressed in this action.
    CAA section 112(d)(5) provides that, for area source categories, in 
lieu of setting maximum achievable control technology (MACT) standards 
(which are generally required for major source

[[Page 67795]]

categories), the EPA may elect to promulgate standards or requirements 
for area sources ``which provide for the use of generally available 
control technologies or management practices [GACT] by such sources to 
reduce emissions of hazardous air pollutants.'' In developing such 
standards, the EPA evaluates the control technologies and management 
practices that reduce HAP emissions that are generally available for 
each area source category. Consistent with the legislative history, we 
can consider costs and economic impacts in determining what constitutes 
GACT.
    GACT standards were set for the Paint Stripping and Miscellaneous 
Surface Coating Operations at Area Sources source categories in 2008. 
As noted earlier in this document, this final action presents the 
required CAA 112(d)(6) technology review for those source categories.

B. What are the Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources source categories and how does the NESHAP 
regulate HAP emissions from the source categories?

    The EPA promulgated the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources NESHAP on January 9, 2008 (73 FR 
1738). The standards are codified at 40 CFR part 63, subpart HHHHHH. 
Technical corrections were promulgated on February 13, 2008 (73 FR 
8408). The paint stripping and miscellaneous surface coating industry 
consists of facilities engaged in paint stripping using MeCl, and/or 
engaged in coating of miscellaneous parts and/or products made of metal 
or plastic, or combinations of metal and plastic, or motor vehicle or 
mobile equipment refinishing. The NESHAP's title refers to a single set 
of emission standards that addresses three source categories: (1) Paint 
Stripping; (2) Miscellaneous Surface Coating; and (3) Motor Vehicle and 
Mobile Equipment Surface Coating. All facilities in this source 
category are area sources. The source categories covered by the GACT 
standards currently include approximately 40,000 facilities.
    The NESHAP defines a ``coating'' as a material spray-applied to a 
substrate for decorative, protective, or functional purposes. For the 
purposes of this subpart, coating does not include the following 
materials: (1) decorative, protective, or functional materials that 
consist only of protective oils for metal, acids, bases, or any 
combination of these substances; (2) paper film or plastic film that 
may be pre-coated with an adhesive by the film manufacturer; (3) 
adhesives, sealants, maskants, or caulking materials; (4) temporary 
protective coatings, lubricants, or surface preparation materials; (5) 
in-mold coatings that are spray-applied in the manufacture of 
reinforced plastic composite parts. (40 CFR 63.11180.)
    The NESHAP does not apply to paint stripping or surface coating 
operations that are specifically covered under another area source 
NESHAP and does not apply to paint stripping or surface coating 
operations that meet any of the following:
     Paint stripping or surface coating 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.
     Paint stripping or surface coating of military munitions 
manufactured by or for the Armed Forces of the United States (including 
the Coast Guard and the National Guard of any such state) or equipment 
directly and exclusively used for the purposes of transporting military 
munitions.
     Paint stripping or surface coating performed by 
individuals on their personal vehicles, possessions, or property, 
either as a hobby or for maintenance of their personal vehicles, 
possessions, or property. The NESHAP also does not apply when these 
operations are performed by individuals for others without 
compensation. However, an individual who spray-applies surface coating 
to more than two motor vehicles or pieces of mobile equipment per year 
is subject to the requirements in this subpart that pertain to motor 
vehicle and mobile equipment surface coating regardless of whether 
compensation is received.
     Paint stripping or surface coating for research and 
laboratory activities, for quality control activities, or for 
activities that are covered under another area source NESHAP.
    The primary HAP emitted from paint stripping operations is the MeCl 
contained in paint stripper formulations. The primary source of the 
MeCl emissions in the paint stripping source category comes from 
evaporative losses during the use and storage of MeCl-containing paint 
strippers.
    All sources conducting paint stripping involving the use of MeCl 
must implement management practice standards that reduce emissions of 
MeCl by minimizing evaporative losses of MeCl. In addition to the 
management practices, sources that use more than one ton of MeCl per 
year must develop and implement a MeCl minimization plan consisting of 
a written plan with the criteria to evaluate the necessity of MeCl in 
the stripping operations and management techniques to minimize MeCl 
emissions when it is needed in the paint stripping operation.
    The MeCl minimization plan evaluation criteria specify only using a 
MeCl-containing paint stripper when an alternative on-site stripping 
method or material is incapable of accomplishing the work as determined 
by the operator. Alternative methods to reduce MeCl usage may include: 
(1) non- or low-MeCl-containing chemical strippers; (2) mechanical 
stripping; (3) abrasive blasting (including dry or wet media); or (4) 
thermal and cryogenic decomposition.
    The management practices required to be contained in the plan 
include optimizing stripper application conditions, reducing exposure 
of stripper to the air, and practicing proper storage and disposal of 
materials containing MeCl. Sources are required to submit the plan to 
the appropriate air authority, keep a written copy of the plan on site, 
and post a placard or sign outlining the evaluation criteria and 
management techniques in each area where MeCl-containing paint 
stripping operations occur. They are also required to review the plan 
annually and update it based on the experiences of the previous year or 
the availability of new methods of stripping, and to keep a record of 
the review and changes made to the plan on file. Sources must maintain 
copies of the specified records for a period of at least 5 years after 
the date of each record.
    The primary HAP emitted from surface coating operations are 
compounds of cadmium, chromium, lead, manganese, and nickel from heavy 
metals contained in coatings. The target HAP compounds are emitted as 
the coatings are atomized during spray application. A substantial 
fraction of coating that is atomized does not reach the part and 
becomes what is termed ``overspray.'' The fraction that becomes 
overspray depends on many variables, but two of the most important are 
the type of spray equipment being used and the skill of the painter. 
Some overspray lands on surfaces of the spray booth and the masking 
paper that is usually placed around the surface being sprayed, but the 
rest of the overspray is drawn into the spray booth exhaust system. If 
the spray booth has filters, most of the overspray is captured by the 
filters; otherwise, it is exhausted to the atmosphere.
    All motor vehicle and mobile equipment surface coating operations

[[Page 67796]]

and those miscellaneous surface coating operations that spray-apply 
coatings containing the target HAP must apply the coatings with a high-
volume, low-pressure (HVLP) spray gun, electrostatic spray gun, airless 
spray gun, air-assisted airless spray gun, or a spray gun demonstrated 
to be equal in transfer efficiency to an HVLP spray gun. All spray-
applied coatings must be applied in a prep station or spray booth. For 
motor vehicle and mobile equipment surface coating, prep stations and 
spray booths that are large enough to hold a complete vehicle must have 
four complete side walls or curtains and a complete roof. For motor 
vehicle and mobile equipment subassemblies and for miscellaneous 
surface coating, coatings must be spray-applied in a booth with a full 
roof and at least three walls or side curtains. Openings are allowed in 
the sidewalls and roof of booths used for miscellaneous surface coating 
to allow for parts conveyors, if needed. The exhaust from the prep 
station or spray booth must be fitted with filters demonstrated to 
achieve at least 98 percent capture efficiency of paint overspray.
    Additionally, sources are required to demonstrate that (1) all 
painters that spray-apply coatings are certified as having completed 
operator training to improve coating transfer efficiency and minimize 
overspray and (2) no spray gun cleaning is performed by spraying 
solvent through the gun creating an atomized mist (i.e., spray guns 
must be cleaned in an enclosed spray gun cleaner or by cleaning the 
disassembled gun parts by hand). Each painter must be certified as 
having completed classroom and hands-on training in the proper 
selection, mixing, and application of coatings, and must complete 
refresher training at least once every 5 years. The initial and 
refresher training must address the following topics:
     Spray gun equipment selection, set up, and operation, 
including measuring coating viscosity, selecting the proper fluid tip 
or nozzle, and achieving the proper spray pattern, air pressure and 
volume, and fluid delivery rate.
     Spray technique for different types of coatings to improve 
transfer efficiency and minimize coating 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.
     Environmental compliance with the requirements of this 
subpart.
    Additional detail on the paint stripping and miscellaneous surface 
coating operations at area sources source categories and NESHAP 
requirements are provided in the proposal preamble (86 FR 66130, 
November 19, 2021).

C. What changes did we propose for the Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources source 
categories in our November 19, 2021, technology review?

    On November 19, 2021, the EPA published a proposed rule in the 
Federal Register for the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources NESHAP, 40 CFR part 63, subpart 
HHHHHH, that took into consideration the technology review analyses. 
Based on our technology review, we did not identify any cost-effective 
developments in practices, processes, or control technologies for the 
three source categories addressed by the NESHAP. We proposed to amend 
electronic reporting provisions, simplify the petition for exemption 
process, clarify requirements addressing emissions during periods of 
SSM, and make miscellaneous clarifying and technical corrections.

III. What is included in this final rule?

    This action finalizes the EPA's determinations pursuant to the 
technology review provisions of CAA section 112 for the three source 
categories addressed by the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources NESHAP. This action finalizes other 
changes to the NESHAP, by adding electronic reporting provisions, 
simplifying the petition for exemption process, clarifying requirements 
for addressing emissions during periods of SSM, and making 
miscellaneous clarifying and technical corrections.

A. What are the final rule amendments based on the technology review 
for the Paint Stripping and Miscellaneous Surface Coating Operations at 
Area Sources source categories?

    We determined that there are no developments in practices, 
processes, and control technologies that warrant revisions to the GACT 
standards for these source categories. Therefore, we are not amending 
any emission standards pursuant to our review under CAA section 
112(d)(6). We are, however, amending other provisions of the NESHAP, to 
add requirements for electronic submission of reports, simplify the 
petition for exemption process, clarify requirements addressing SSM, 
and make miscellaneous clarifying and technical corrections.

B. What are the final rule amendments addressing emissions during 
periods of startup, shutdown, and malfunction?

    We are finalizing the proposed amendments to the Area Source Paint 
Stripping and Miscellaneous Surface Coating NESHAP to remove and revise 
provisions related to SSM. In its 2008 decision in Sierra Club v. EPA, 
551 F.3d 1019 (D.C. Cir. 2008), the United States Court of Appeals for 
the District of Columbia Circuit vacated portions of two provisions in 
the EPA's CAA section 112 regulations governing the emissions of HAP 
during periods of SSM. Specifically, the court vacated the SSM 
exemption contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding 
that under section 302(k) of the CAA, emissions standards or 
limitations must be continuous in nature and that the SSM exemption 
violates the CAA's requirement that some section 112 standards apply 
continuously. With the issuance of the mandate in Sierra Club v. EPA, 
40 CFR 63.6(f)(1) and (h)(1) are null and void. The EPA amended 40 CFR 
63.6(f)(1) and (h)(1)) on March 11, 2021, to reflect the court order 
and correct the CFR to remove the SSM exemption. We are eliminating any 
cross-references to the vacated provisions in the regulatory language, 
including Table 1 to subpart HHHHHH of part 63 (General Provisions 
applicability table). We have also revised Table 1 to subpart HHHHHH of 
part 63 in several respects as is explained in more detail here. For 
example, we have eliminated the incorporation of the General 
Provisions' requirement that a source develop an SSM plan. We have also 
revised certain recordkeeping and reporting that is related to the SSM 
exemption as described in detail in the proposed rule and summarized 
again here. As detailed in section III.B.3 of the November 19, 2021, 
proposal preamble, we are adding general duty regulatory text at 40 CFR 
63.11173(h) that reflects the general duty to minimize emissions 
without differentiating between normal operations, startup and 
shutdown, and malfunction events in describing the general duty. We are 
also revising 40 CFR 63.11173(h) to require that the standards apply at 
all times, consistent with the court decision in Sierra Club v. EPA.
    In establishing the standards in this rule, the EPA has taken into 
account startup and shutdown periods and, for the reasons explained 
here, has not

[[Page 67797]]

established alternate standards for those periods. Startups and 
shutdowns are part of normal operations for the paint stripping and 
surface coating operations at area sources. Paint stripping and surface 
coating operations inherently involve frequent startup and shutdown 
while carrying out normal duties, and the emission standards were 
developed to control emissions in these situations. We have no data 
indicating that emissions are different during startup or shutdown than 
during other normal operations. We have determined that facilities in 
these source categories can meet the applicable emission standards in 
this NESHAP at all times, including periods of startup and shutdown. 
The legal rationale and detailed changes for SSM periods that we are 
finalizing here are set forth in the November 19, 2021, preamble to the 
proposed rule. See 86 FR 66141-42.
    Further, the EPA is not finalizing standards for malfunctions. 
Periods of startup, normal operations, and shutdown are all predictable 
and routine aspects of a source's operations. Malfunctions, in 
contrast, are neither predictable nor routine. Instead, they are, by 
definition, sudden, infrequent, and not reasonably preventable failures 
of emissions control, process, or monitoring equipment. (40 CFR 63.2) 
(Definition of malfunction). As discussed in section III.B.3 of the 
November 19, 2021, proposal preamble, the EPA interprets CAA section 
112 as not requiring emissions that occur during periods of malfunction 
to be factored into development of CAA section 112 standards. This 
reading has been upheld as reasonable by the court in U.S. Sugar Corp. 
v. EPA, 830 F.3d 579, 606-610 (2016). For these source categories, it 
is unlikely that a malfunction would result in a violation of the 
standards, and no comments were submitted that would suggest otherwise. 
Refer to section III.B.3 of the November 19, 2021, proposal preamble 
for further discussion of the EPA's rationale for the decision not to 
set standards for malfunctions, as well as a discussion of the actions 
a facility could take in the unlikely event that a facility fails to 
comply with the standards as a result of a malfunction event.

C. What other changes have been made to the NESHAP?

    These rules also finalize, as proposed, revisions to several other 
NESHAP requirements. We describe the revisions that apply to all the 
affected source categories in the following paragraphs.
1. Electronic Reporting Requirements
    The EPA is finalizing the proposal that owners and operators of 
paint stripping and surface coating facilities submit electronic copies 
of initial notifications required in 40 CFR 63.9(b) and 63.11175(a), 
notifications of compliance status required in 40 CFR 63.9(h) and 
63.11175(b), the annual notification of changes report required in 40 
CFR 63.11176(a), and the report required in 40 CFR 63.11176(b) through 
the EPA's Central Data Exchange (CDX) using the Compliance and 
Emissions Data Reporting Interface (CEDRI). For further information 
regarding the electronic data submission process, please refer to the 
memorandum titled Electronic Reporting for New Source Performance 
Standards (NSPS) and National Emission Standards for Hazardous Air 
Pollutants (NESHAP) Rules, available in the docket for this action. No 
specific form is necessary for the initial notifications required in 40 
CFR 63.9(b) and 63.11175(a), notifications of compliance status 
required in 40 CFR 63.9(h) and 63.11175(b), the annual notification of 
changes report required in 40 CFR 63.11176(a), or the report required 
in 40 CFR 63.11176(b). The notifications will be required to be 
submitted via CEDRI in portable document format (PDF) files. More 
information is available in the November 19, 2021, proposal preamble 
(86 FR 66130).
2. Rule Clarifications and Other Changes
    We are making plain language clarifications and revisions to better 
reflect regulatory intent. We also are making other changes, including 
updating references to equivalent test methods, making technical and 
editorial revisions, incorporation by reference (IBR) of alternative 
test methods, and simplifying the petition for exemption process. Our 
analyses and changes related to these issues are discussed in the 
following sections.
a. Submarines and Tanks Applicability
    The EPA is clarifying in this preamble that the surface coating and 
paint stripping occurring at area sources of certain types of military 
equipment, such as military submarines (as opposed to those used for 
scientific research, for example) and military tanks is potentially 
subject to 40 CFR part 63, subpart HHHHHH, unless the surface coating 
or paint stripping is 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. Surface coating of this type of military equipment at 
original equipment manufacturers or offsite at a contractor's facility 
is not covered by the provisions in 40 CFR 63.11169(d)(1) and is 
subject to the requirements of 40 CFR part 63, subpart HHHHHH.
b. Coating HAP Content Definition
    The EPA is amending the definition of ``target HAP containing 
coating'' in 40 CFR 63.11180 to clarify that compliance with the 
definition is based on the HAP content of the coating as applied, not 
on the HAP content of the coating components as purchased from the 
coating supplier.
c. Spray Gun Cup Liners
    The EPA is amending the definition of ``spray-applied coating 
operations'' in 40 CFR 63.11180 to clarify that the allowance to use 
spray guns outside of a spray booth is based on the volume of the spray 
gun paint cup liner and not the volume of the paint cup, in those spray 
guns that use a disposable cup liner.
d. Circumvention of Paint Cup Capacity Intent
    The EPA is also amending the definition of ``spray-applied coating 
operations'' in 40 CFR 63.11180 to clarify that repeatedly refilling 
and reusing a 3.0 fluid ounce cup or cup liner or using multiple 3.0 
fluid ounce cup liners to complete a single spray-applied coating 
operation as a means of avoiding rule applicability will be considered 
an attempt to circumvent the requirements of subpart HHHHHH. The EPA 
accordingly reserves the right to bring enforcement actions against any 
person whose action equates to rule circumvention.
e. OSHA Carcinogenic Content
    The EPA is removing references to Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) because 29 CFR 1910.1200(d)(4) has been amended and no 
longer defines which compounds are carcinogens. We are replacing these 
references to 29 CFR 1910.1200(d)(4) with a list of those target HAP 
that must be counted if they are present at 0.1 percent by mass or 
greater in the definition of ``target HAP containing coating'' in 40 
CFR 63.11180. All other target HAP must be counted if they are present 
at 1.0 percent or greater by mass.

[[Page 67798]]

f. Non-HAP Solvent Language
    The EPA is removing the definition of ``non-HAP solvent'' from 40 
CFR 63.11180 because there are no requirements to use non-HAP solvents 
and the definition has no other use in the rule.
g. Filter Test Method
    The EPA is updating the spray booth filter test method in 40 CFR 
63.11173, which was previously incorporated by reference, to the most 
recent American Society of Heating, Refrigerating, and Air-Conditioning 
Engineers (ASHRAE) method. Section 63.11173 referenced 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.'' This method was retired in January 2009 and replaced by 
ANSI/ASHRAE Standard 52.2-2017 Method of Testing General Ventilation 
Air-Cleaning Devices for Removal Efficiency by Particle Size. The EPA 
is also adding a reference to EPA Method 319--Determination of 
Filtration Efficiency for Paint Overspray Arrestors (Appendix A to 40 
CFR part 63) to 40 CFR 63.11173 as an alternative to ANSI/ASHRAE 
Standard 52.2-2017. This is the same method referenced in the NESHAP 
for Aerospace Manufacturing and Rework (40 CFR part 63, subpart GG) to 
test paint spray booth filters used to meet the requirements to limit 
hexavalent chromium emissions.
h. Petition for Exemption Process
    The EPA is amending 40 CFR 63.11170 to introduce a simplified 
petition for exemption process for motor vehicle or mobile equipment 
surface coating operations that do not spray-apply any coatings that 
contain the target HAP. Previously, all such sources were subject to 
the NESHAP, unless they demonstrated to the satisfaction of the 
Administrator that they do not spray-apply any coatings that contain 
the target HAP. The rule is being revised to allow sources to submit 
notification to the Administrator, as a simplified alternative to the 
petition for exemption process, that they do not spray-apply any 
coatings that contain the target HAP. Such sources will still be 
required to retain records that describe the coatings that are spray-
applied in order to support the notification, but that information does 
not need to be reported to the Administrator. The Administrator 
maintains the authority to verify records retained on site, including 
whether the notification of exemption was sufficiently demonstrated. 
Sources may still petition for exemption using the existing process if 
they want confirmation of exemption.

D. What are the effective and compliance dates of the standards?

    The amendments to the NESHAP being promulgated in this action are 
effective on November 10, 2022. For affected sources, the compliance 
date for the amendments being promulgated in this action is May 9, 
2023. All affected facilities will continue to meet the current 
requirements of 40 CFR part 63, subpart HHHHHH, until the applicable 
compliance date of the amended rule. The EPA selected these compliance 
dates based on experience with similar industries, and the EPA's 
detailed justification for the selected compliance dates is included in 
the preamble to the proposed rule (86 FR 66142).

IV. What is the rationale for our final decisions and amendments for 
the Paint Stripping and Miscellaneous Surface Coating Operations at 
Area Sources source categories?

    For each issue, this section provides a description of what we 
proposed and what we are finalizing for the issue, the EPA's rationale 
for the final decisions and amendments, and a summary of key comments 
and responses. For all comments not discussed in this preamble, comment 
summaries and the EPA's responses can be found in the comment summary 
and response document available in the docket.

A. Technology Review for the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources Source Categories

1. What did we propose pursuant to CAA section 112(d)(6) for the Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources 
source categories?
    In performing a technology review of paint stripping and 
miscellaneous surface coating operations, the EPA consulted sources of 
data that included: the EPA's ECHO database; the EPA's RACT/BACT/LAER 
Clearinghouse; publicly available state air permit databases; 
regulatory actions promulgated subsequent to the Paint Stripping and 
Miscellaneous Surface Coating at Area Sources NESHAP; regional and 
state regulations and operating permits; site visit reports; and 
industry information. The EPA's review is described in a memorandum 
(``technology review memorandum'') titled Technology Review for Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources, 
available in the docket for this action. Based on our review, we did 
not identify any developments in practices, processes, or control 
technologies for the paint stripping and miscellaneous surface coating 
operations at area sources source categories, and, therefore, we did 
not propose any changes to the emission standards under CAA section 
112(d)(6). A summary of the EPA's findings in conducting the technology 
review of paint stripping and miscellaneous surface coating operations 
was included in the preamble to the proposed action (86 FR 66137).
2. How did the technology review change for the Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources source 
categories?
    We are making no changes to the conclusions of the technology 
review and are finalizing the results of the technology review for the 
paint stripping and miscellaneous surface coating operations at area 
sources source categories as proposed.
3. What key comments did we receive on the technology review, and what 
are our responses?
    We received three comments objecting to our decision not to 
strengthen GACT standards based on a conclusion that there have been no 
technology developments.
    Comment: One commenter stated that the EPA's proposed decision to 
not strengthen the GACT standards by requiring the use of only coatings 
that do not contain the target HAP conflicts with the EPA's own 
recognition that surface coating manufacturers have modified their 
products to produce new formulas that are free of target HAP. The 
commenter claimed that the EPA has failed to rationally explain why it 
does not require widespread use of these nontoxic formulas.
    Response: The EPA notes that the current rule requirements have 
been very successful in moving this source category to HAP-free 
coatings and achieving significant reductions of metal HAP emissions. 
In many cases industry has succeeded in its goal of identifying HAP-
free alternatives, but there are also many cases where that goal was 
not achievable. For example, hexavalent chromium-containing primers are 
particularly important to the U.S. aerospace industry. Interior 
surfaces and parts of the aircraft must be protected from corrosion for 
the life of the aircraft because they cannot be accessed once the 
aircraft is assembled. For this reason, the aerospace industry

[[Page 67799]]

is moving very slowly to replace hexavalent chromium-containing 
primers. Our current approach of requiring controls and work practices 
has been and will continue to be successful in reducing emissions, 
while still allowing this industry to produce coated products that meet 
the required specifications.
    Comment: One commenter asserted that the EPA's proposed decision to 
not strengthen the GACT standards by requiring the use of only coatings 
that do not contain the target HAP is arbitrary because it invokes 
widespread technological improvement as a reason not to strengthen the 
standards. The commenters said that the EPA is obligated to require the 
use of GACT under 42 U.S.C. 7412(d)(5) and MACT under 42 U.S.C. 
7412(d)(2). Under both provisions, the commenter stated, the EPA is 
required to adopt technologies in use by industry to reduce emissions 
as emission standards and cannot leave it up to the industry to decide 
whether to employ these proven technologies.
    Response: The EPA affirmed in the original NESHAP that 
reformulation to HAP-free alternatives was a viable approach to 
emissions reduction. Coatings manufacturers have found many viable 
substitutions, but this is not universally true for all of the source 
categories subject to the NESHAP. The data the EPA has referenced 
indicating widespread reductions in the use of target HAP is specific 
to manufacturers of automotive surface coatings and does not cover the 
other source categories that are subject to the NESHAP. While the 
automotive industry has seen considerable improvements in surface 
coating technologies that avoid use of the target HAP in original 
equipment manufacture, automotive refinishers must sometimes use 
coatings that contain target HAP. In addition, other industries such as 
aerospace are still reliant on certain performance characteristics that 
can currently only be met through use of target HAP-containing 
coatings. Though viable alternatives are actively being researched 
through programs such as the Department of Defense's ASETSDefense 
program, suitable alternatives have not been found for many 
applications that rely on target HAP (e.g., formulations that include 
hexavalent chromium compounds for corrosion resistance). The EPA is not 
required to set MACT standards for area sources, as under 112(d)(5) the 
EPA may elect to provide GACT standards instead for area sources, which 
it has done.
    Comment: One commenter declared that the EPA's proposed decision to 
not strengthen the GACT standards by requiring the use of only coatings 
that do not contain the target HAP is arbitrary because the EPA 
dismisses the experience of states that have required stronger 
protections to feasibly reduce emissions. The commenter stated that 
while the EPA appears to assert that these protections would not reduce 
emissions, logic and the states' experience contradict that claim. The 
commenter also said that the EPA appears to claim that it should not 
adopt these stronger protections because it already considered them, 
but 42 U.S.C. 7412(d)(6) broadly requires the EPA to consider 
developments, and the EPA must explain why these developments should 
not be adopted. The commenter pointed out that in the 2007 rulemaking 
on which the EPA relies, the EPA speculated that a requirement to use 
formulas without hexavalent chromium or cadmium ``could'' lead to 
business closures due to a lack of alternative formulas with sufficient 
corrosion protection, but those requirements have now been in place for 
over a decade, and the EPA itself acknowledges that target-HAP free 
formulas are now more readily available. The commenter asserted that it 
is irrational and arbitrary for the EPA to continue to rely on 
speculation that alternative formulas could be inadequate, particularly 
given that there is zero record evidence that target HAP-free formulas 
are not widely available or perform worse than toxic formulas. The 
commenter contended that the EPA must rationally evaluate whether 
stronger protections should now be adopted in light of these 
developments and more than a decade of experience after California's 
ban on the use of the most toxic formulas.
    Response: It was the EPA's determination in 2008 that such a ban 
was not reasonable, feasible, or cost-effective to be widely applied. 
HAP-free alternatives were available during development of the initial 
NESHAP, and there has been a continuing trend of further developing 
such HAP-free alternatives. However, not all coating manufacturers have 
eliminated coatings that contain the target HAP. Some manufacturers 
provide the same coating in both a target HAP-free version and one 
containing the target HAP for certain applications. Additionally, the 
data on coating manufacturers the EPA has referenced is specific to 
manufacturers of automotive surface coatings and does not cover the 
other source categories that are subject to the NESHAP. While the 
automotive industry has seen considerable improvements in surface 
coating technologies that avoid use of the target HAP in original 
equipment manufacture, automotive refinishers must sometimes use 
coatings that contain target HAP. In addition, other industries such as 
aerospace are still reliant on target HAP-containing coatings due to a 
lack of suitable alternatives that meet certain performance 
characteristics, such as corrosion resistance properties, which in many 
cases can still only be met with hexavalent chromium-containing 
coatings. Viable alternatives are actively being researched through 
programs such as the Department of Defense's Advanced Surface 
Engineering Technologies for a Sustainable Defense (ASETSDefense) 
program, and less hazardous alternatives have been authorized where 
possible, but alternatives have still not been found for many 
applications.
    The commenter also claims that the EPA has dismissed the 
experiences of states that have required stronger protections to 
feasibly reduce emissions. However, the only state the commenter has 
specifically offered as an example is California. We assume that 
California's ban to which the commenter refers is the 2001 Air Borne 
Toxic Control Measure for Emissions of Hexavalent Chromium and Cadmium 
from Motor Vehicle and Mobile Equipment Coatings (ATCM). The ATCM only 
addresses motor vehicle and mobile equipment surface coatings; it does 
not cover any of the other source categories subject to the NESHAP. The 
commenter's statement fails to address other surface coating 
applications where substitution of non-HAP coatings is not always 
feasible. Additionally, the ATCM only eliminates the use of cadmium and 
chromium and does not apply to the other target HAP covered by the 
NESHAP.
4. What is the rationale for our final approach for the technology 
review?
    For the reasons explained in the preamble to the proposed rules (86 
FR 66130, November 19, 2021), and in our analysis of public comments 
explained above in section IV.A.3 of this preamble, we are making no 
changes to subpart HHHHHH to require additional controls pursuant to 
CAA section 112(d)(6) and are finalizing the results of the technology 
review as proposed.

B. Electronic Reporting

1. What did we propose?
    We proposed that owners and operators of paint stripping and 
surface coating facilities submit electronic copies of initial 
notifications required in 40 CFR 63.9(b) and 63.11175(a),

[[Page 67800]]

notifications of compliance status required in 40 CFR 63.9(h) and 
63.11175(b), the annual notification of changes report required in 40 
CFR 63.11176(a), and the report required in 40 CFR 63.11176(b) through 
the EPA's Central Data Exchange (CDX) using the Compliance and 
Emissions Data Reporting Interface (CEDRI). More detailed information 
on these changes can be found in the November 19, 2021, proposal 
preamble (86 FR 66140).
2. What changed since proposal?
    We are finalizing the electronic reporting provisions as proposed 
with no changes (86 FR 66140, November 19, 2021).
3. What key comments did we receive and what are our responses?
    Comment: One commenter suggested that the EPA minimize the 
requirements for electronic reporting to the extent possible, allow 
flexibility in the format, and allow hard copy reporting as needed to 
reduce the burden on small businesses.
    Another commenter argued that the data obtained through electronic 
reporting will be highly incomplete due to the lack of internet access 
among small businesses and because of how complicated CEDRI is. The 
commenter claimed that making electronic reporting a requirement would 
create high rates of noncompliance with no real benefit to the 
environment.
    Response: The EPA recognizes that there will be a slight burden to 
gain initial familiarity with the CEDRI system. However, after the 
initial process, the EPA believes electronic reporting will lessen 
burden for all involved parties. The EPA does allow flexibility in the 
format of the reports, and there is no template or prescriptive data 
entry process unlike for many other rules. The required documents, each 
of which involves fairly minimal information requirements, may be 
submitted in a standard PDF format. Allowing hard copy reporting would 
reduce the effectiveness of this program, as the intent is to create an 
electronic record that lessens the burden on all involved, and a hybrid 
mixture of new documents in both electronic and paper formats would be 
unwieldy.
    Comment: One commenter stated that the small business community 
lacks the resources that larger businesses have to accomplish 
electronic reporting and that many shops do not have internet access or 
computers. According to the commenter, many shops that would regularly 
utilize internet access at public libraries have not been able to do so 
during the COVID-19 pandemic.
    Response: It is the EPA's position that internet access is easily 
obtained, and temporary disruptions due to a pandemic are not 
indicative of, or used to determine, standards that would typically 
apply.
4. What is the rationale for our final approach for the electronic 
reporting provisions?
    For the reasons explained in the preamble to the proposed rules (86 
FR 66130, November 19, 2021), and in the comment responses above in 
section IV.B.3 of this preamble, we are finalizing the electronic 
reporting provisions for 40 CFR part 63, subpart HHHHHH, as proposed.

C. SSM Provisions

1. What did we propose?
    In the November 19, 2021, action, we proposed amendments to the 
Paint Stripping and Miscellaneous Surface Coating Operations at Area 
Sources NESHAP to remove and revise provisions related to SSM that are 
not consistent with the statutory requirement that the standards apply 
at all times. More information concerning the elimination of SSM 
provisions is in the preamble to the proposed rule (86 FR 66141).
2. What changed since proposal?
    We are finalizing the SSM provisions as proposed with no changes 
(86 FR 66130, November 19, 2021).
3. What key comments did we receive and what are our responses?
    No comments were received on our proposed changes to the SSM 
provisions.
4. What is the rationale for our final approach for the SSM provisions?
    For the reasons explained in the preamble to the proposed rule (86 
FR 66130, November 19, 2021), we are finalizing the SSM provisions for 
40 CFR part 63, subpart HHHHHH, as proposed.

D. Petition for Exemption

1. What did we propose?
    In the November 19, 2021, action, we proposed a simplified petition 
for exemption process for motor vehicle or mobile equipment surface 
coating operations that do not spray-apply any coatings that contain 
the target HAP. More information concerning the simplified petition for 
exemption process is in the preamble to the proposed rules (86 FR 
66141).
2. What changed since proposal?
    We are finalizing the simplified alternative to the petition for 
exemption process as proposed with no changes (86 FR 66130, November 
19, 2021).
3. What key comments did we receive and what are our responses?
    We received three comments concerning the petition for exemption 
process for motor vehicle or mobile equipment surface coating 
operations.
    Comment: One commenter urged the EPA to delete the petition for 
exemption process for motor vehicle or mobile equipment surface coating 
operations. The commenter asserted that the EPA is incorrect in its 
conclusion that autobody shops are often unaware of the HAP content of 
the coatings they apply. The commenter stated that manufacturers 
provide information to their customers such that automotive refinishing 
operations know the HAP composition of the products that they use. In 
addition, many automotive refinishing operations have state and local 
air permits that require the disclosure of a considerable amount of 
information on these operations and their emissions. The commenter 
argued that automatically subjecting automotive refinishing operations 
to the rule also places an excessive burden on the smallest of the 
sources affected by the rule. For consistency and to reduce burden 
(especially for small business operations), the commenter recommended 
that the EPA revise the rule so that miscellaneous metal parts, plastic 
parts, and automotive refinishing operations are not subject to the 
rule unless they use coatings containing the target HAPs of concern.
    Response: The EPA notes that sources that perform surface coating 
of miscellaneous metal parts and plastic parts are only subject to the 
NESHAP standards if they spray-apply target HAP-containing coatings. 
That is because it is easier for them (and the EPA/delegated 
authorities) to know and track the HAP content of these coatings. In 
contrast, because automotive refinishing operations are relatively 
numerous, as well as less consistent in facility operation and in the 
coatings that they may purchase or use at any given time, the EPA has 
concerns that changing the general applicability would make it even 
more difficult to support compliance with the standards.
    In addition, the target HAP that are the subject of this rule are 
not a priority for state and local air agencies, except for a few 
cases--such as California's 2001 ban on cadmium and chromium--and are 
not addressed in or limited by

[[Page 67801]]

state and local air quality permits. Therefore, the information that is 
collected from automotive refinishers under this rule would not 
otherwise be readily available. The EPA has, however, reduced the 
burden on automotive refinishing facilities by allowing them to submit 
a notification to the EPA that they are not subject rather than having 
to petition the EPA for a determination that they are not subject.
    The EPA's assessment in the original 2008 rule was that most 
sources were already in compliance with these standards and that, for 
those that were not, achieving compliance would not be overly 
burdensome. Because target HAP-free coatings have become even more 
available in recent years, achieving compliance is arguably even less 
burdensome than before the rule.
    Comment: One commenter argued that the requirement that autobody 
shops must file a petition to have EPA approve their exempt status 
singles them out from all other businesses that spray paint on metal 
and plastic substrates. The commenter stated that the requirement to 
file a petition for exemption adds a substantial burden on these very 
small businesses that others do not have. Due to the extra burden of 
filing a petition, the commenter said that it is likely that tens of 
thousands of shops are out of compliance with a rule when they 
technically should not be subject to it at all.
    Response: The EPA maintains that autobody shops operate differently 
from the other miscellaneous surface coating operations and that 
distinguishing them is merited due to these differences. However, we 
have no evidence that the burden of electronically submitting a PDF is 
onerous, and we note that there is a benefit for all involved parties 
to have readily accessible documentation of basic facts about subject 
sources and their compliance with the NESHAP requirements. The 
commenter's claim that the burden of filing a petition for exemption is 
a cause of source noncompliance is unsubstantiated. In fact, the EPA's 
proposed simplified alternative to the petition for exemption process 
reduces possible burden.
    Comment: One commenter recommended that if the EPA chooses to 
retain the petition for exemption requirements on autobody shops, it is 
essential to fix 40 CFR 63.11170(a)(2) to exempt shops from only the 
coatings portion of the subpart and not the paint stripping portion. 
Likewise, the commenter urged the EPA to clarify that using MeCl 
stripper does not preclude a shop from petitioning for exemption from 
the coatings portion. Finally, the commenter requested that the EPA 
clarify that a petition for exemption does not require that an initial 
notification be filed at the same time since a granted petition 
obviates the need for an initial notification.
    Response: The EPA maintains it is already clear that the exemption 
only applies to activities under 40 CFR 63.11170(a)(2), and that is 
made explicit in the example petition for exemption document that can 
be found on the EPA's Collision Repair Campaign Documents web page 
(https://www.epa.gov/collision-repair-campaign/collision-repair-campaign-documents). However, to improve clarity, the EPA is revising 
the second sentence of 40 CFR 63.11170(a)(2) such that the rule 
language no longer refers to ``an exemption from this subpart,'' and 
instead refers to ``an exemption from the surface coating provisions of 
this subpart.'' The NESHAP does require that each facility provide an 
initial notification, to include information specified in 40 CFR 
63.11175(a), regardless of whether or when the facility chooses to 
additionally submit a petition for exemption, or the simplified 
alternative notification that they do not spray-apply coating 
containing the target HAP.
4. What is the rationale for our final approach for the simplified 
alternative to the petition for exemption?
    For the reasons explained in the preamble to the proposed rules (86 
FR 66130, November 19, 2021), and in the comment responses above in 
section IV.D.3 of this preamble, we are finalizing the provisions for a 
simplified alternative to the petition for exemption process for 40 CFR 
part 63, subpart HHHHHH, as proposed.

V. Summary of Cost, Environmental, and Economic Impacts and Additional 
Analyses Conducted

A. What are the affected facilities?

    Currently, we estimate 39,812 area source facilities are subject to 
the Paint Stripping and Miscellaneous Surface Coating Operations at 
Area Sources NESHAP and operating in the United States. The affected 
source under the NESHAP is the collection of any and all of the items 
listed in (1) through (6) of this section V.A of the preamble. Not all 
affected sources will have all of the items listed in (1) through (6) 
of this section V.A of the preamble.
    (1) Mixing rooms and equipment;
    (2) Spray booths, ventilated prep stations, curing ovens, and 
associated equipment;
    (3) Spray guns and associated equipment;
    (4) Spray gun cleaning equipment;
    (5) Equipment used for storage, handling, recovery, or recycling of 
cleaning solvent or waste paint; and
    (6) Equipment used for paint stripping at paint stripping 
facilities using paint strippers containing MeCl.

B. What are the air quality impacts?

    Estimated emissions of target HAP and MeCl from the facilities in 
the Paint Stripping and Surface Coating source categories are not 
expected to change in any significant way due to this review or its 
associated amendments to the NESHAP.
    These amendments acknowledge that all area sources in the source 
categories must comply with the relevant emission standards at all 
times, including periods of SSM. We were unable to quantify the 
emissions that occur during periods of SSM or the specific emissions 
reductions that will occur as a result of this action. However, 
eliminating the SSM exemption has the potential to reduce emissions by 
requiring facilities to meet the applicable standard during SSM 
periods.
    Indirect or secondary air emissions impacts are impacts that would 
result from the increased electricity usage associated with the 
operation of control devices (e.g., increased secondary emissions of 
criteria pollutants from power plants). Energy impacts consist of the 
electricity and steam needed to operate control devices and other 
equipment. These amendments would have no effect on the energy needs of 
the affected paint stripping and surface coating facilities and would, 
therefore, have no indirect or secondary air emissions impacts.

C. What are the cost impacts?

    We estimate that each facility in the source categories will 
experience one-time costs of approximately $400. These costs are a 
combination of the estimated reporting and recordkeeping costs (2 
technical hours), and the time to read and understand the rule 
amendments (2 technical hours).\1\ Costs associated with adoption of 
electronic reporting were estimated as part of the reporting and 
recordkeeping costs and include time for sources to familiarize 
themselves with electronic record systems.
---------------------------------------------------------------------------

    \1\ The labor costs were calculated using the applicable labor 
rates from the latest version of the Bureau of Labor Statistics 
(BLS) survey titled National Occupational Employment and Wage 
Estimates United States located at: https://www.bls.gov/oes/current/oes_nat.htm#00-0000.
---------------------------------------------------------------------------

    For further information on the potential costs, see the memorandum 
titled Proposal Economic Impact Analysis for the National Emissions

[[Page 67802]]

Standards of Hazardous Air Pollutants: Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources, available in 
the docket for this action.

D. What are the economic impacts?

    The economic impact analysis is designed to inform decision makers 
about the potential economic consequences of the compliance costs 
outlined in section V.C. of this preamble. To assess the maximum 
potential impact, the largest cost expected to be experienced in any 
one year is compared to the total sales for the ultimate owner of the 
affected facilities to estimate the total burden for each facility.
    For the final revisions to the Paint Stripping and Miscellaneous 
Surface Coating Operations at Area Sources NESHAP, the total cost is 
estimated to be approximately $400 per facility in the first year of 
the rule. These costs are not expected to result in a significant 
market impact, regardless of whether they are passed on to the 
purchaser or absorbed by the firms.
    The EPA also prepared a small business screening assessment to 
determine whether any of the identified affected entities are small 
entities, as defined by the U.S. Small Business Administration. Of the 
facilities potentially affected by the final revisions to the Paint 
Stripping and Miscellaneous Surface Coating Operations at Area Sources 
NESHAP, we estimate that the vast majority are small entities. However, 
the annualized costs associated with the final requirement is from 0.0 
to 0.2 percent of annual sales revenue for the ultimate owner of those 
facilities, well below the 1 percent threshold. Therefore, there are no 
significant economic impacts on a substantial number of small entities 
from these amendments.

E. What are the benefits?

    As stated in section V.B. of the November 19, 2021, proposal 
preamble (86 FR 66130), we were unable to quantify the specific 
emissions reductions associated with eliminating the SSM exemption, 
although this change has the potential to reduce emissions of the 
target HAP and MeCl.
    Because these amendments are not considered economically 
significant, as defined by Executive Order 12866, we did not monetize 
the benefits of reducing these emissions. This does not mean that there 
are no benefits associated with the potential reduction in target HAP 
and MeCl from this rule.

F. What analysis of environmental justice did we conduct?

    Executive Order 12898 directs the EPA to identify the populations 
of concern who are most likely to experience unequal burdens from 
environmental harms; specifically, minority populations, low-income 
populations, and indigenous peoples (59 FR 7629, February 16, 1994). 
Additionally, Executive Order 13985 was signed to advance racial equity 
and support underserved communities through Federal government actions 
(86 FR 7009, January 20, 2021). The EPA defines environmental justice 
(EJ) as the fair treatment and meaningful involvement of all people 
regardless of race, color, national origin, or income with respect to 
the development, implementation, and enforcement of environmental laws, 
regulations, and policies. The EPA further defines the term fair 
treatment to mean that ``no group of people should bear a 
disproportionate burden of environmental harms and risks, including 
those resulting from the negative environmental consequences of 
industrial, governmental, and commercial operations or programs and 
policies'' (https://www.epa.gov/environmentaljustice). In recognizing 
that minority and low-income populations often bear an unequal burden 
of environmental harms and risks, the EPA continues to consider ways of 
protecting them from adverse public health and environmental effects of 
air pollution. To examine the potential for any EJ issues that might be 
associated with the source categories, we performed a demographic 
analysis, which is an assessment of individual demographic groups of 
the populations living within 5 kilometers (km) and within 50 km of the 
facilities. The EPA then compared the data from this analysis to the 
national average for the demographic indicators.
    In the analysis, we evaluated the proximity of minority and low-
income groups within the populations that live near facilities. Data 
limitations preclude a complete analysis. This NESHAP applies to 
sources in many different industries, often operating as small 
facilities, and limited location data of subject facilities was 
available. As described in the technology review memorandum, available 
in the docket for this action, and section II.C of this preamble, we 
did conduct searches for available information. However, the results do 
not account for emission or risk impacts from sources and may not be 
fully representative of the full distribution of facilities across all 
locations and populations. This analysis is intended to function as a 
guide to possible proximity disparities.
    Based upon the number of facilities in this analysis and their 
proximity to urban centers, the category minority demographics are 
higher than the national average while individual facilities for a 
large number of sites will significantly exceed the national average 
demographics for every group due to being in urban locations. The 
results of the demographic analysis for populations within 5 km of the 
facilities within the source categories indicate that the minority 
population (being the total population minus the white population) is 
higher when compared to the national percentage (49 percent versus 40 
percent). These comparisons also hold true for other demographic groups 
(African American, Other and Multiracial Groups, Hispanics, and people 
living in linguistic isolation). The African American demographic group 
shows the highest difference when compared to the national average (17 
percent vs 12 percent). The remaining demographics identified above 
were above the national average by 2 percent. The methodology and the 
results of the demographic analysis are presented in a technical 
report, Technology Review-- Analysis of Demographic Factors for 
Populations Living Near the Paint Stripping and Miscellaneous Surface 
Coating Operations at Area Sources Source Categories, available in this 
docket for this action. While demographic analysis shows some 
population categories that are above the national average, this action 
is not likely to change levels of emissions near facilities. Based on 
our technology review, we did not identify any add-on control 
technologies, process equipment, work practices or procedures that were 
not previously considered during development of the 2008 Paint 
Stripping and Miscellaneous Surface Coating at Area Sources NESHAP, and 
we did not identify developments in practices, processes, or control 
technologies that would result in additional emission reductions.

G. What analysis of children's environmental health did we conduct?

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

[[Page 67803]]

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was, 
therefore, not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this final rule have been 
submitted for approval to OMB under the PRA.
    The Information Collection Request (ICR) document that the EPA 
prepared has been assigned EPA ICR number 2268.08. You can find a copy 
of the ICR in the docket for this action (Docket ID No. EPA-HQ-OAR-
2021-0016), and it is briefly summarized here.
    As part of the technology review for the NESHAP, the EPA is not 
revising the emission limit requirements. The EPA is revising the SSM 
provisions that previously applied to the NESHAP and is proposing the 
use of electronic data reporting for future notifications and reports. 
This information is being collected to assure compliance with 40 CFR 
part 63, subpart HHHHHH.
    Respondents/affected entities: Facilities performing paint 
stripping and surface coating operations at area sources.
    Respondent's obligation to respond: Mandatory (40 CFR part 63, 
subpart HHHHHH).
    Estimated number of respondents: In the 3 years after the final 
rulemaking, 38,194 respondents per year would be subject to the NESHAP 
and no additional respondents are expected to become subject to the 
NESHAP during that period.
    Frequency of response: The total number of responses in year 1 is 
76,388. Years 2 and 3 would have no responses.
    Total estimated burden: The average annual burden to the paint 
stripping and surface coating operations at area source facilities over 
the 3 years is estimated to be 43,900 hours (per year). The average 
annual burden to the Agency over the 3 years is estimated to be 0 hours 
(per year). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: The average annual cost to the facilities is 
$5,200,000 in labor costs for the first 3 years. The average annual 
capital and operation and maintenance (O&M) cost savings is $27,100, 
because photocopying and postage will no longer be necessary in 
submitting notifications and reports. The total average annual Agency 
cost over the first 3 years is estimated to be $0.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. The 
economic impact associated with the proposed requirements in this 
action for the affected small entities is described in section V.D. 
above.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local, or tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This action 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.

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

    This action does not have tribal implications as specified in 
Executive Order 13175. No tribal facilities are known to be engaged in 
any of the industries that would be affected by this action. Thus, 
Executive Order 13175 does not apply to this action. Nevertheless, 
consistent with the EPA Policy on Consultation and Coordination with 
Indian Tribes, EPA sent out consultation letters to 574 federally 
recognized tribes offering tribal officials the opportunity to 
meaningfully engage on a government-to-government basis. We did not 
receive any requests for consultation. In addition, on June 24, 2021, 
EPA provided an overview of the proposed action on the monthly National 
Tribal Air Association (NTAA) air policy call to provide tribal 
environmental professionals an opportunity to ask questions.

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

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children.

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

    This action is not subject to Executive Order 13211 because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This rulemaking involves technical standards. We are amending the 
Paint Stripping and Miscellaneous Surface Coating Operations at Area 
Source NESHAP in this action to update references to 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,'' with ANSI/ASHRAE Standard 52.2-2017 ``Method of Testing 
General Ventilation Air-Cleaning Devices for Removal Efficiency by 
Particle Size.'' Both methods measure paint booth filter efficiency to 
measure the capture efficiency of paint overspray arrestors with spray-
applied coatings. The EPA is also amending the NESHAP to include EPA 
Method 319--Determination of Filtration Efficiency for Paint Overspray 
Arrestors (Appendix A to 40 CFR part 63), as an alternative to ANSI/
ASHRAE Standard 52.2-2017.
    The ANSI/ASHRAE standard is available from the American Society of 
Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie 
Circle NE, Atlanta, GA 30329. See https://www.ashrae.org.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General 
Provisions, a source may apply to the EPA for permission to use 
alternative test methods or alternative monitoring requirements in 
place of any required testing methods, performance specifications, or 
procedures in the final rule or any amendments.

[[Page 67804]]

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

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations, and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
methodology and the results of the demographic analysis are presented 
in a technical report, Technology Review -- Analysis of Demographic 
Factors for Populations Living Near the Paint Stripping and 
Miscellaneous Surface Coating Operations at Area Sources Source 
Categories, available in this docket for this action.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

    Environmental protection, Air pollution control, Appendix A, 
Hazardous substances, Incorporation by reference, Reporting and 
recordkeeping requirements.

Michael S. Regan,
Administrator.

    For the reasons stated in the preamble, the Environmental 
Protection Agency is amending part 63 of title 40, chapter I, of the 
Code of Federal Regulations as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS 
FOR SOURCE CATEGORIES

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by:
0
a. Revising paragraph (d)(1); and
0
b. Adding paragraph (d)(2).
    The revision and addition read as follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (d) * * *
    (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.  
63.11516(d).
    (2) ANSI/ASHRAE Standard 52.2-2017, Method of Testing General 
Ventilation Air-Cleaning Devices for Removal Efficiency by Particle 
Size, copyright 2017; IBR approved for Sec.  63.11173(e).
* * * * *

Subpart HHHHHH--National Emission Standards for Hazardous Air 
Pollutants: Paint Stripping and Miscellaneous Surface Coating 
Operations at Area Sources

0
3. Amend Sec.  63.11170 by revising paragraph (a)(2) to read as 
follows:


Sec.  63.11170  Am I subject to this subpart?

    (a) * * *
    (2) Perform spray application of coatings, as defined in Sec.  
63.11180, to motor vehicles and mobile equipment including operations 
that are located in stationary structures at fixed locations, and 
mobile repair and refinishing operations that travel to the customer's 
location, except spray coating applications that meet the definition of 
facility maintenance in Sec.  63.11180. However, if you are the owner 
or operator of a motor vehicle or mobile equipment surface coating 
operation, you may petition the Administrator for an exemption from the 
surface coating provisions of this subpart if you can demonstrate, to 
the satisfaction of the Administrator, that you spray apply no coatings 
that contain the target HAP, as defined in Sec.  63.11180. Petitions 
must include a description of the coatings that you spray apply and 
your certification that you do not spray apply any coatings containing 
the target HAP. If circumstances change such that you intend to spray 
apply coatings containing the target HAP, you must submit the initial 
notification required by Sec.  63.11175 and comply with the 
requirements of this subpart. On and after May 9, 2023, you may submit 
a notification to the Administrator that you do not spray apply any 
target HAP containing coatings, as defined in Sec.  63.11180, in place 
of a petition. You are still required to retain records that describe 
the coatings that are spray applied, but that information does not need 
to be reported to the Administrator. The Administrator maintains the 
authority to verify records retained on site, including whether the 
notification of exemption was sufficiently demonstrated. Alternatively, 
if you are the owner or operator of a motor vehicle or mobile equipment 
surface coating operation and you wish for a formal determination, you 
may still petition the Administrator for an exemption from this 
subpart.
* * * * *


0
4. Amend Sec.  63.11173 by revising paragraph (e)(2)(i) and adding 
paragraph (h) to read as follows:


Sec.  63.11173  What are my general requirements for complying with 
this subpart?

* * * * *
    (e) * * *
    (2) * * *
    (i) All spray booths, preparation stations, and mobile enclosures 
must be fitted with a type of filter technology that is demonstrated to 
achieve at least 98 percent capture of paint overspray. The procedure 
used to demonstrate filter efficiency must be consistent with the ANSI/
ASHRAE Standard 52.2-2017 (incorporated by reference, see Sec.  63.14). 
The filter efficiency shall be based on the difference between the 
quantity of dust injected and the quantity captured on the final filter 
with no test device in place. The filter will be challenged with 100 
grams of loading dust and the final filter weight will be to the 
nearest 0.1 gram. EPA Method 319 of Appendix A to 40 CFR part 63 may be 
used as an alternative to ANSI/ASHRAE Standard 52.2-2017. 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. The requirements of this 
paragraph do not apply to water wash spray booths that are operated and 
maintained according to the manufacturer's specifications.
* * * * *
    (h) You must be in compliance with the requirements in this subpart 
at all times. At all times, you must operate and maintain any affected 
source, including associated air pollution control equipment and 
monitoring equipment, in a manner consistent with safety and good air 
pollution control practices for minimizing emissions. The general duty 
to minimize emissions does not require you to make any further efforts 
to reduce emissions if levels required by the applicable standard have 
been achieved. Determination of whether a source is operating in 
compliance with operation and maintenance requirements will be based on 
information available to the Administrator which may include, but is 
not limited to, monitoring results, review of operation and maintenance 
procedures, review of operation and maintenance records, and inspection 
of the source.


[[Page 67805]]



0
5. Amend Sec.  63.11175 by adding paragraph (c) to read as follows:


Sec.  63.11175  What notifications must I submit?

* * * * *
    (c) On and after May 9, 2023, the owner or operator shall submit 
the initial notifications required in Sec.  63.9(b) and paragraph (a) 
of this section and the notification of compliance status required in 
Sec.  63.9(h) and paragraph (b) of this section to the EPA via the 
Compliance and Emissions Data Reporting Interface (CEDRI) (CEDRI can be 
accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov)). The owner or operator must upload to CEDRI an electronic 
copy of each applicable notification in portable document format (PDF). 
The applicable notification must be submitted by the deadline specified 
in this subpart, regardless of the method in which the reports are 
submitted. Owners or operators who claim that some of the information 
required to be submitted via CEDRI is confidential business information 
(CBI) shall submit a complete notification, including information 
claimed to be CBI, on a compact disc, flash drive, or other commonly 
used electronic storage medium to the EPA. The electronic medium shall 
be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, 
Attention: Paint Stripping and Miscellaneous Surface Coating Operations 
Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
file with the CBI omitted shall be submitted to the EPA via the EPA's 
CDX as described earlier in this paragraph.


0
6. Amend Sec.  63.11176 by adding paragraphs (c) through (e) to read as 
follows:


Sec.  63.11176  What reports must I submit?

* * * * *
    (c) On and after May 9, 2023, the owner or operator shall submit 
the Annual Notification of Changes Report required in paragraph (a) of 
this section and the MeCl report required in paragraph (b) of this 
section to the EPA via CEDRI (CEDRI can be accessed through the EPA's 
CDX (https://cdx.epa.gov)). The owner or operator must upload to CEDRI 
an electronic copy of each applicable report in PDF. The applicable 
report must be submitted by the deadline specified in this subpart, 
regardless of the method in which the reports are submitted. Owners or 
operators who claim that some of the information required to be 
submitted via CEDRI is CBI shall submit a complete report, including 
information claimed to be CBI, on a compact disc, flash drive, or other 
commonly used electronic storage medium to the EPA. The electronic 
medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE 
CBI Office, Attention: Paint Stripping and Miscellaneous Surface 
Coating Operations Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, 
NC 27703. The same file with the CBI omitted shall be submitted to the 
EPA via the EPA's CDX as described earlier in this paragraph.
    (d) If you are required to electronically submit a report through 
the CEDRI in the EPA's CDX, and due to a planned or actual outage of 
either the EPA's CEDRI or CDX systems within the period of time 
beginning 5 business days prior to the date that the submission is due, 
you will be or are precluded from accessing CEDRI or CDX and submitting 
a required report within the time prescribed, you may assert a claim of 
EPA system outage for failure to timely comply with the reporting 
requirement. You must submit notification to the Administrator in 
writing as soon as possible following the date you first knew, or 
through due diligence should have known, that the event may cause or 
caused a delay in reporting. You must provide to the Administrator a 
written description identifying the date, time and length of the 
outage; provide to the Administrator a rationale for attributing the 
delay in reporting beyond the regulatory deadline to the EPA system 
outage; describe the measures taken or to be taken to minimize the 
delay in reporting; and identify a date by which you propose to report, 
or if you have already met the reporting requirement at the time of the 
notification, the date you reported. In any circumstance, the report 
must be submitted electronically as soon as possible after the outage 
is resolved. The decision to accept the claim of EPA system outage and 
allow an extension to the reporting deadline is solely within the 
discretion of the Administrator.
    (e) If you are required to electronically submit a report through 
CEDRI in the EPA's CDX and a force majeure event is about to occur, 
occurs, or has occurred or there are lingering effects from such an 
event within the period of time beginning 5 business days prior to the 
date the submission is due, the owner or operator may assert a claim of 
force majeure for failure to timely comply with the reporting 
requirement. For the purposes of this section, a force majeure event is 
defined as an event that will be or has been caused by circumstances 
beyond the control of the affected facility, its contractors, or any 
entity controlled by the affected facility that prevents you from 
complying with the requirement to submit a report electronically within 
the time period prescribed. Examples of such events are acts of nature 
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, 
or equipment failure or safety hazard beyond the control of the 
affected facility (e.g., large scale power outage). If you intend to 
assert a claim of force majeure, you must submit notification to the 
Administrator in writing as soon as possible following the date you 
first knew, or through due diligence should have known, that the event 
may cause or caused a delay in reporting. You must provide to the 
Administrator a written description of the force majeure event and a 
rationale for attributing the delay in reporting beyond the regulatory 
deadline to the force majeure event; describe the measures taken or to 
be taken to minimize the delay in reporting; and identify a date by 
which you propose to report, or if you have already met the reporting 
requirement at the time of the notification, the date you reported. In 
any circumstance, the reporting must occur as soon as possible after 
the force majeure event occurs. The decision to accept the claim of 
force majeure and allow an extension to the reporting deadline is 
solely within the discretion of the Administrator.


0
7. Amend Sec.  63.11180 by:
0
a. Revising the definition of ``Materials that contain HAP or HAP-
containing materials'';
0
b. Removing the definition of ``Non-HAP solvent''; and
0
c. Revising the definitions of ``Spray-applied coating operations'' and 
``Target HAP containing coating''.
    The revisions read as follows:


Sec.  63.11180  What definitions do I need to know?

* * * * *
    Materials that contain HAP or HAP-containing materials mean, for 
the purposes of this subpart, materials that contain any individual 
target HAP that is a carcinogen at a concentration greater than 0.1 
percent by mass, or greater than 1.0 percent by mass for any other 
individual target HAP.
* * * * *
    Spray-applied coating operations means coatings that are applied 
using a hand-held device that creates an atomized mist of coating and 
deposits the coating on a substrate. For the purposes of this subpart, 
spray-applied coatings do not include the following materials or 
activities:

[[Page 67806]]

    (1) Coatings applied from a hand-held device with a paint cup 
capacity that is equal to or less than 3.0 fluid ounces (89 cubic 
centimeters) for devices that do not use a paint cup liner, or with a 
paint cup liner capacity that is equal to or less than 3.0 fluid ounces 
(89 cubic centimeters) for devices that use a paint cup liner. 
Repeatedly refilling and reusing a 3.0 fluid ounce cup or cup liner or 
using multiple 3.0 fluid ounce cup liners to complete a single spray 
applied coating operation as a means of avoiding rule applicability 
will be considered an attempt to circumvent the requirements of this 
subpart.
    (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) 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.
* * * * *
    Target HAP containing coating means a spray-applied coating that 
contains any individual target HAP that is a carcinogen at a 
concentration greater than 0.1 percent by mass, or greater than 1.0 
percent by mass for any other individual target HAP compound. For the 
target HAP, this corresponds to coatings that contain cadmium, 
chromium, lead, or nickel in amounts greater than or equal to 0.1 
percent by mass (of the metal), and materials that contain manganese in 
amounts greater than or equal to 1.0 percent by mass (of the metal). 
For the purpose of determining whether materials you use contain the 
target HAP compounds, you may rely on formulation data provided by the 
manufacturer or supplier, such as the material safety data sheet 
(MSDS), as long as it represents each target HAP compound in the 
material that is present at 0.1 percent by mass or more for carcinogens 
and at 1.0 percent by mass or more for other target HAP compounds. The 
target HAP content of coatings is based on the HAP content of the 
coating as applied, not on the HAP content of the coating components as 
purchased from the coating supplier. However, coatings that do not 
contain the target HAP based on the HAP content as purchased will also 
meet the definition based on the HAP content as applied.
* * * * *

0
8. Revise table 1 to subpart HHHHHH to read as follows:

                    Table 1 to Subpart HHHHHH of Part 63--Applicability of General Provisions
                                          to Subpart HHHHHH of Part 63
----------------------------------------------------------------------------------------------------------------
                                                                Applicable to subpart
              Citation                       Subject                    HHHHHH                  Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(12).............  General Applicability.  Yes........................
Sec.   63.1(b)(1)-(3)..............  Initial Applicability   Yes........................  Applicability of
                                      Determination.                                       subpart HHHHHH is
                                                                                           also specified in
                                                                                           Sec.   63.11170.
Sec.   63.1(c)(1)..................  Applicability After     Yes........................
                                      Standard Established.
Sec.   63.1(c)(2)..................  Applicability of        Yes........................  Sec.   63.11174(b) of
                                      Permit Program for                                   subpart HHHHHH
                                      Area Sources.                                        exempts area sources
                                                                                           from the obligation
                                                                                           to obtain Title V
                                                                                           operating permits.
Sec.   63.1(c)(5)..................  Notifications.........  Yes........................
Sec.   63.1(e).....................  Applicability of        No.........................  Sec.   63.11174(b) of
                                      Permit Program to                                    subpart HHHHHH
                                      Major Sources Before                                 exempts area sources
                                      Relevant Standard is                                 from the obligation
                                      Set.                                                 to obtain Title V
                                                                                           operating permits.
Sec.   63.2........................  Definitions...........  Yes........................  Additional definitions
                                                                                           are specified in Sec.
                                                                                             63.11180.
Sec.   63.3(a)-(c).................  Units and               Yes........................
                                      Abbreviations.
Sec.   63.4(a)(1)-(5)..............  Prohibited Activities.  Yes........................
Sec.   63.4(b)-(c).................  Circumvention/          Yes........................
                                      Fragmentation.
Sec.   63.5........................  Construction/           No.........................  Subpart HHHHHH applies
                                      Reconstruction of                                    only to area sources.
                                      major sources.
Sec.   63.6(a).....................  Compliance With         Yes........................
                                      Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility.
Sec.   63.6(b)(1)-(7)..............  Compliance Dates for    Yes........................  Sec.   63.11172
                                      New and Reconstructed                                specifies the
                                      Sources.                                             compliance dates.
Sec.   63.6(c)(1)-(5)..............  Compliance Dates for    Yes........................  Sec.   63.11172
                                      Existing Sources.                                    specifies the
                                                                                           compliance dates.
Sec.   63.6(e)(1)-(2)..............  Operation and           No.........................  See Sec.   63.11173(h)
                                      Maintenance                                          for general duty
                                      Requirements.                                        requirement.
Sec.   63.6(e)(3)..................  Startup, Shutdown, and  No.........................  No startup, shutdown,
                                      Malfunction Plan.                                    and malfunction plan
                                                                                           is required by
                                                                                           subpart HHHHHH.
Sec.   63.6(f)(1)..................  Compliance with         No.........................
                                      Nonopacity Emission
                                      Standards--Applicabil
                                      ity.
Sec.   63.6(f)(2)-(3)..............  Methods for             Yes........................
                                      Determining
                                      Compliance.
Sec.   63.6(g)(1)-(3)..............  Use of an Alternative   Yes........................
                                      Standard.
Sec.   63.6(h).....................  Compliance With         No.........................  Subpart HHHHHH does
                                      Opacity/Visible                                      not establish opacity
                                      Emission Standards.                                  or visible emission
                                                                                           standards.
Sec.   63.6(i)(1)-(16).............  Extension of            Yes........................
                                      Compliance.
Sec.   63.6(j).....................  Presidential            Yes........................
                                      Compliance Exemption.
Sec.   63.7........................  Performance Testing     No.........................  No performance testing
                                      Requirements.                                        is required by
                                                                                           subpart HHHHHH.

[[Page 67807]]

 
Sec.   63.8........................  Monitoring              No.........................  Subpart HHHHHH does
                                      Requirements.                                        not require the use
                                                                                           of continuous
                                                                                           monitoring systems.
Sec.   63.9(a)-(d).................  Notification            Yes........................  Sec.   63.11175
                                      Requirements.                                        specifies
                                                                                           notification
                                                                                           requirements.
Sec.   63.9(e).....................  Notification of         No.........................  Subpart HHHHHH does
                                      Performance Test.                                    not require
                                                                                           performance tests.
Sec.   63.9(f).....................  Notification of         No.........................  Subpart HHHHHH does
                                      Visible Emissions/                                   not have opacity or
                                      Opacity Test.                                        visible emission
                                                                                           standards.
Sec.   63.9(g).....................  Additional              No.........................  Subpart HHHHHH does
                                      Notifications When                                   not require the use
                                      Using CMS.                                           of continuous
                                                                                           monitoring systems.
Sec.   63.9(h).....................  Notification of         No.........................  Sec.   63.11175
                                      Compliance Status.                                   specifies the dates
                                                                                           and required content
                                                                                           for submitting the
                                                                                           notification of
                                                                                           compliance status.
Sec.   63.9(i).....................  Adjustment of           Yes........................
                                      Submittal Deadlines.
Sec.   63.9(j).....................  Change in Previous      Yes........................  Sec.   63.11176(a)
                                      Information.                                         specifies the dates
                                                                                           for submitting the
                                                                                           notification of
                                                                                           changes report.
Sec.   63.9(k).....................  Electronic reporting    Yes........................  Only as specified in
                                      procedures.                                          Sec.   63.9(j).
Sec.   63.10(a)....................  Recordkeeping/          Yes........................
                                      Reporting--Applicabil
                                      ity and General
                                      Information.
Sec.   63.10(b)(1).................  General Recordkeeping   Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.11177.
Sec.   63.10(b)(2)(i)-(xi).........  Recordkeeping Relevant  No.........................  Subpart HHHHHH does
                                      to Startup, Shutdown,                                not require startup,
                                      and Malfunction                                      shutdown, and
                                      Periods and CMS.                                     malfunction plans, or
                                                                                           CMS.
Sec.   63.10(b)(2)(xii)............  Waiver of               Yes........................
                                      recordkeeping
                                      requirements.
Sec.   63.10(b)(2)(xiii)...........  Alternatives to the     No.........................  Subpart HHHHHH does
                                      relative accuracy                                    not require the use
                                      test.                                                of CEMS.
Sec.   63.10(b)(2)(xiv)............  Records supporting      Yes........................
                                      notifications.
Sec.   63.10(b)(3).................  Recordkeeping           Yes........................
                                      Requirements for
                                      Applicability
                                      Determinations.
Sec.   63.10(c)....................  Additional              No.........................  Subpart HHHHHH does
                                      Recordkeeping                                        not require the use
                                      Requirements for                                     of CMS.
                                      Sources with CMS.
Sec.   63.10(d)(1).................  General Reporting       Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                           specified in Sec.
                                                                                           63.11176.
Sec.   63.10(d)(2)-(3).............  Report of Performance   No.........................  Subpart HHHHHH does
                                      Test Results, and                                    not require
                                      Opacity or Visible                                   performance tests, or
                                      Emissions                                            opacity or visible
                                      Observations.                                        emissions
                                                                                           observations.
Sec.   63.10(d)(4).................  Progress Reports for    Yes........................
                                      Sources With
                                      Compliance Extensions.
Sec.   63.10(d)(5).................  Startup, Shutdown, and  No.........................  Subpart HHHHHH does
                                      Malfunction Reports.                                 not require startup,
                                                                                           shutdown, and
                                                                                           malfunction reports.
Sec.   63.10(e)....................  Additional Reporting    No.........................  Subpart HHHHHH does
                                      requirements for                                     not require the use
                                      Sources with CMS.                                    of CMS.
Sec.   63.10(f)....................  Recordkeeping/          Yes........................
                                      Reporting Waiver.
Sec.   63.11.......................  Control Device          No.........................  Subpart HHHHHH does
                                      Requirements/Flares.                                 not require the use
                                                                                           of flares.
Sec.   63.12.......................  State Authority and     Yes........................
                                      Delegations.
Sec.   63.13.......................  Addresses of State Air  Yes........................
                                      Pollution Control
                                      Agencies and EPA
                                      Regional Offices.
Sec.   63.14.......................  Incorporation by        Yes........................  Test methods for
                                      Reference.                                           measuring paint booth
                                                                                           filter efficiency and
                                                                                           spray gun transfer
                                                                                           efficiency in Sec.
                                                                                           63.11173(e)(2) and
                                                                                           (3) are incorporated
                                                                                           and included in Sec.
                                                                                            63.14.
Sec.   63.15.......................  Availability of         Yes........................
                                      Information/
                                      Confidentiality.
Sec.   63.16(a)....................  Performance Track       Yes........................
                                      Provisions--reduced
                                      reporting.
Sec.   63.16(b)-(c)................  Performance Track       No.........................  Subpart HHHHHH does
                                      Provisions--reduced                                  not establish
                                      reporting.                                           numerical emission
                                                                                           limits.
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[FR Doc. 2022-24129 Filed 11-9-22; 8:45 am]
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