[Federal Register Volume 65, Number 247 (Friday, December 22, 2000)]
[Proposed Rules]
[Pages 81134-81173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32023]
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Part IV
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Large Appliances; Proposed Rule
Federal Register / Vol. 65 , No. 247 / Friday, December 22, 2000 /
Proposed Rules
[[Page 81134]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-6917-3]
RIN 2060-AG34
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Large Appliances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes national emission standards for hazardous
air pollutants (NESHAP) for large appliance surface coating operations
located at major sources of hazardous air pollutants (HAP). These
proposed standards would implement section 112(d) of the Clean Air Act
(CAA) by requiring these operations to meet HAP emission standards
reflecting the application of the maximum achievable control technology
(MACT). The HAP emitted by these operations include ethylbenzene,
glycol ethers (including 2-butoxyethanol), hexane, methylene chloride,
4,4'-methylene diphenyl diisocyanate, methyl ethyl ketone, methyl
isobutyl ketone, toluene, and xylene. Exposure to these substances has
been demonstrated to cause adverse health effects such as irritation of
the lung, eye, and mucus membranes, asthma, effects on the central
nervous system, and cancer. In general, these findings have only been
shown with concentrations higher than those typically in the ambient
air. The adverse health effects associated with the exposure to these
specific HAP are further described in the docket for this rulemaking.
The proposed standards would reduce nationwide HAP emissions from major
sources by approximately 45 percent.
DATES: Comments. Submit comments on or before February 20, 2001.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing, they should do so by January 11, 2001. If requested, a
public hearing will be held within approximately 30 days following
publication of this notice in the Federal Register.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-97-41, U.S. EPA, 1200
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier,
deliver comments (in duplicate if possible) to: Air and Radiation
docket and Information Center (6102), Attention Docket Number A-97-41,
U.S. EPA, 401 M Street, SW, Room M-1500, Washington, DC 20460. The EPA
requests a separate copy also be sent to the contact person listed in
FOR FURTHER INFORMATION CONTACT.
Public Hearing. If a public hearing is held, it will be held at our
Office of Administration auditorium in Research Triangle Park, North
Carolina. You should contact Ms. Janet Eck, Coatings and Consumer
Products Group, Emission Standards Division (MD-13), U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711,
telephone number (919) 541-7946, to request to speak at a public
hearing or to find out if a hearing will be held.
Docket. Docket No. A-97-41 contains supporting information used in
developing the proposed standards. The docket is located at the U.S.
Environmental Protection Agency, 401 M Street, SW, Washington, DC 20460
in Room M-1500, Waterside Mall (ground floor), and may be inspected
from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding legal
holidays.
FOR FURTHER INFORMATION CONTACT: Dr. Mohamed Serageldin, Coatings and
Consumer Products Group, Emission Standards Division (MD-13), U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711;
telephone number (919) 541-2379; facsimile number (919) 541-5689;
electronic mail (e-mail) address: [email protected].
SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted
by e-mail to: [email protected]. Electronic comments must be
submitted as an ASCII file to avoid the use of special characters and
encryption problems and will also be accepted on disks in WordPerfect
version 5.1, 6.1, or Corel 8 file format. All comments and
data submitted in electronic form must note the docket number: A-97-41.
No confidential business information (CBI) should be submitted by e-
mail. Electronic comments may be filed online at many Federal
Depository Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Dr. Mohamed Serageldin, c/o OAQPS
Document Control Officer (Room 740B), U.S. Environmental Protection
Agency, 411 W. Chapel Hill Street, Durham NC 27701. The EPA will
disclose information identified as CBI only to the extent allowed by
the procedures set forth in 40 CFR part 2. If no claim of
confidentiality accompanies a submission when it is received by EPA,
the information may be made available to the public without further
notice to the commenter.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Janet Eck, Coatings and Consumer Products Group, Emission Standards
Division (MD-13), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711; telephone number (919) 541-7946 at
least 2 days in advance of the public hearing. Persons interested in
attending the public hearing should also contact Ms. Eck to verify the
time, date, and location of the hearing. The public hearing will
provide interested parties the opportunity to present data, views, or
arguments concerning these proposed emission standards.
Docket. The docket is an organized and complete file of all the
information considered by EPA in the development of this rulemaking.
The docket is a dynamic file because material is added throughout the
rulemaking process. The docketing system is intended to allow members
of the public and industries involved to readily identify and locate
documents so that they can effectively participate in the rulemaking
process. Along with the proposed and promulgated standards and their
preambles, the contents of the docket will serve as the record in the
case of judicial review. (See section 307(d)(7)(A) of the CAA.) The
regulatory text and other materials related to this rulemaking are
available for review in the docket or copies may be mailed on request
from the Air and Radiation Docket and Information Center by calling
(202) 260-7548. A reasonable fee may be charged for copying docket
materials.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed rule is also available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of the proposed rule will be posted on the TTN's policy and
guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology
exchange in various areas of air pollution control. If more information
regarding the TTN is needed, call the TTN HELP line at (919) 541-5384.
[[Page 81135]]
Regulated Entities. The proposed source category definition
includes facilities that apply coatings to large appliances or
components of large appliances. In general, facilities that coat large
appliances are covered under the Standard Industrial Classification
(SIC) and North American Industrial Classification System (NAICS) codes
listed in the following table. However, facilities classified under
other SIC or NAICS codes may be subject to the proposed standards if
they meet the applicability criteria. Not all facilities classified
under the SIC and NAICS codes in the following table will be subject to
the proposed standards because some of the classifications cover
products outside the scope of the NESHAP for large appliances.
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1987 SIC Equivalent 1997 Equivalent 1997 NAICS product
Product description code NAICS code(s) description
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Household Cooking Equipment.................. 3631 335221 Household Cooking Appliance
Manufacturing.
Household Refrigerators and Home and Farm 3632 335222 Household Refrigerator and Home
Freezers. Freezer Manufacturing.
Household Laundry Equipment.................. 3633 335224 Household Laundry Equipment
Manufacturing.
Household Appliances; not elsewhere 3639 335228 Other Major Household Appliance
classified. Manufacturing.
Floor Waxing and Floor Polishing Machines.... 3639 335212 Household Vacuum Cleaner
Manufacturing.
Air Conditioning and Warm Air Heating 3585 333415 Air Conditioning and Warm Air
Equipment and Commercial Industrial Heating Equipment and Commercial
Refrigeration Equipment. Industrial Refrigeration Equipment
Manufacturing.
Motor Vehicle Air Conditioning............... 3585 336391 Motor Vehicle Air Conditioning
Manufacturing.
Service Industry Machinery; not elsewhere 3589 333319 Other Commercial and Service
classified. Industry Machinery Manufacturing.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your coating operation is regulated by
this action, you should examine the applicability criteria in
Sec. 63.4081 of the proposed rule.
If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed in the
preceding FOR FURTHER INFORMATION CONTACT section.
Outline. The information presented in this preamble is organized as
follows:
I. Background
A. What is the source of authority for development of NESHAP?
B. What criteria are used in the development of NESHAP?
C. What are the health effects associated with HAP emissions
from the surface coating of large appliances?
II. Summary of the Proposed Rule
A. What source categories are affected by this proposed rule?
B. What is the relationship to other rules?
C. What are the primary sources of emissions and what are the
emissions?
D. What is the affected source?
E. What are the emission limits, operating limits, and other
standards?
F. What are the testing and initial compliance requirements?
G. What are the continuous compliance provisions?
H. What are the notification, recordkeeping, and reporting
requirements?
III. Rationale for Selecting the Proposed Standards
A. How did we select the source category?
B. How did we select the regulated pollutants?
C. How did we select the affected source?
D. How did we determine the basis and level of the proposed
standards for existing and new sources?
E. How did we select the format of the standards?
F. How did we select the testing and initial compliance
requirements?
G. How did we select the continuous compliance requirements?
H. How did we select the notification, recordkeeping, and
reporting requirements?
I. How did we select the compliance date?
IV. Summary of Environmental, Energy, and Economic Impacts
A. What are the air impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental, and energy
impacts?
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
E. Unfunded Mandates Reform Act of 1995
F. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601, et seq.
G. Paperwork Reduction Act
H. National Technology Transfer and Advancement Act
I. Background
A. What Is the Source of Authority for Development of NESHAP?
Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. The Large
Appliance (Surface Coating) category of major sources was listed on
July 16, 1992 (57 FR 31576) under the Surface Coating Processes
industry group. Major sources of HAP are those that emit or have the
potential to emit equal to, or greater than, 10 tons per year (tpy) of
any one HAP or 25 tpy of any combination of HAP.
B. What Criteria Are Used in the Development of NESHAP?
Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both new and existing major sources. The CAA
requires the NESHAP to reflect the maximum degree of reduction in
emissions of HAP that is achievable. This level of control is commonly
referred to as the MACT.
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the CAA. In essence, the MACT
floor ensures that the standard is set at a level that assures that all
major sources achieve the level of control at least as stringent as
that already achieved by the better-controlled and lower-emitting
sources in each source category or subcategory. For new sources, the
MACT floor cannot be less stringent than the emission control that is
achieved in practice by the best-controlled similar source. The MACT
standards for existing sources can be less stringent than standards for
new sources, but they cannot be less stringent than the average
emission limitation achieved by the best-performing 12 percent of
existing sources in the category or subcategory (or the best-performing
five sources for categories or subcategories with fewer than 30
sources).
In developing MACT, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than
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the floor based on the consideration of the cost of achieving the
emission reductions, any non-air quality health and environmental
impacts, and energy requirements.
C. What Are the Health Effects Associated With HAP Emissions From the
Surface Coating of Large Appliances?
The HAP emitted from the surface coating of large appliances
include ethylbenzene, glycol ethers (including 2-butoxyethanol),
hexane, methylene chloride, 4,4'-methylene diphenyl diisocyanate,
methyl ethyl ketone, methyl isobutyl ketone, toluene, and xylene. These
compounds account for over 80 percent of the nationwide HAP emissions
from this source category. The HAP that would be controlled with this
proposed rule are associated with a variety of adverse health effects.
These adverse health effects include chronic health disorders (e.g.,
irritation of the lung, eyes, and mucus membranes and effects on the
central nervous system), and acute health disorders (e.g., lung
irritation and congestion, alimentary effects such as nausea and
vomiting, and effects on the central nervous system). The EPA has
classified one of the HAP (methylene chloride) as a probable human
carcinogen.
We do not have the type of current detailed data on each of the
facilities covered by the emission standards for this source category,
and the people living around the facilities, that would be necessary to
conduct an analysis to determine the actual population exposures to the
HAP emitted from these facilities and potential for resultant health
effects. Therefore, we do not know the extent to which the adverse
health effects described above occur in the populations surrounding
these facilities. However, to the extent the adverse effects do occur,
the proposed rule would reduce emissions and subsequent exposures.
II. Summary of the Proposed Rule
A. What Source Categories Are Affected by This Proposed rule?
The proposed rule would apply to you if you own or operate a large
appliance surface coating facility that is a major source, or is
located at a major source, or is part of a major source of HAP
emissions. We have defined a large appliance surface coating facility
as any facility engaged in the surface coating of any large appliance
part or product.
You would not be subject to the proposed rule if your large
appliance surface coating facility is located at an area source. An
area source of HAP is any facility that has the potential to emit HAP
but is not a major source. You may establish area source status by
limiting the source's potential to emit HAP through appropriate
mechanisms available through your permitting authority.
The source category does not include research or laboratory
facilities or janitorial, building, and facility maintenance
operations. The source category also does not include coating
applications using handheld nonrefillable aerosol containers.
B. What Is the Relationship to Other Rules?
Affected sources subject to the proposed rule may also be subject
to other rules. We specifically request comments on how monitoring,
recordkeeping, and reporting requirements can be consolidated for
sources that are subject to more than one rule.
New Source Performance Standards--40 CFR Part 60, Subpart SS. The
new source performance standards (NSPS) for large appliances apply to
facilities that apply organic coatings to large appliances and that
began construction, reconstruction, or modification after October 27,
1982. The pollutants regulated are volatile organic compounds (VOC).
Emissions of VOC are limited to 0.9 kilogram HAP per liter (kg HAP/
liter) of coating solids applied (7.52 pounds per gallon (lbs/gal)),
and the affected source is each individual coating operation.
The proposed rule differs from the NSPS in three ways. First, the
affected source for the proposed rule is defined broadly as the
collection of all coating operations and related activities and
equipment at the facility, whereas the affected facility for the NSPS
is defined narrowly as each individual coating operation. The broader
definition of an affected source allows a facility's emissions to be
combined for compliance purposes. Second, the proposed rule regulates
organic HAP. While most organic HAP emitted from large appliance
surface coating operations are VOC, some VOC are not listed as HAP,
and, therefore, the NSPS regulates a broader range of pollutants than
the proposed NESHAP.
Third, the HAP emission limitations in the proposed rule are based
on the amount of coating solids used at the affected source. The VOC
limitations in the NSPS are based on the amount of coating solids
actually applied to the large appliances, which necessitates estimates
of transfer efficiency in the compliance calculations.
Because of the differences between the two rules, compliance with
either rule cannot be deemed compliance with the other. A large
appliance surface coating operation that meets the applicability
requirements of both rules must comply with both. Overlapping
reporting, recordkeeping, and monitoring requirements may be resolved
through your title V permit.
Future national emission standards for the surface coating of
miscellaneous metal parts and products. Large appliances often contain
parts, such as metal handles, hinges, and fasteners, that have a wider
use beyond large appliances. The coating of such metal parts would be
subject to the proposed rule if the coating takes place at a facility
that coats other large appliance parts or products; otherwise, the
coating operation would be subject to the future NESHAP for the surface
coating of miscellaneous metal parts and products.
Future national emission standards for the surface coating of
plastic parts and products. Plastic parts and products may be
components (e.g., plastic handles) of large appliances. The coating of
such plastic parts would be subject to the proposed rule if the coating
takes place at a facility that coats other large appliance parts or
products; otherwise, the coating operation would be subject to the
future NESHAP for the surface coating of plastic parts and products.
C. What Are the Primary Sources of Emissions and What Are the
Emissions?
HAP Emission Sources. Emissions from coating applications account
for approximately 80 percent of the HAP emissions from large appliance
surface coating operations. The remaining emissions are primarily from
cleaning operations. In most cases, HAP emissions from mixing and
storage are relatively small. The organic HAP emissions associated with
coatings (the term ``coatings'' includes protective and decorative
coatings as well as adhesives) occur at several points. Coatings are
most often applied either by using a spray gun in a spray booth or by
dipping the substrate in a tank containing the coating. In a spray
booth, volatile components evaporate from the coating as it is applied
to the part and from the overspray. The coated part then passes through
an open (flash-off) area where additional volatiles evaporate from the
coating. Finally, the coated part passes through a drying/curing oven,
or is allowed to air dry, where the remaining volatiles are evaporated.
Organic HAP emissions also occur from the activities undertaken
during cleaning operations, where solvent is
[[Page 81137]]
used to remove coating residue or other unwanted materials. Cleaning in
this industry includes cleaning of spray guns and transfer lines (e.g.,
tubing or piping), tanks, and the interior of spray booths. Cleaning
also includes applying solvents to manufactured parts prior to coating
application and to equipment (e.g., cleaning rollers, pumps, conveyors,
etc.).
Mixing and Storage. Organic HAP emissions can also occur from
displacement of organic vapor-laden air in containers used to store HAP
solvents or to mix coatings containing HAP solvents. The displacement
of vapor-laden air can occur during the filling of containers and can
be caused by changes in temperature or barometric pressure, or by
agitation during mixing.
Organic HAP. Available emission data collected during the
development of the proposed NESHAP show that the primary organic HAP
emitted from the surface coating of large appliances include xylene,
glycol ethers, toluene, methylene diphenyl diisocyanate, and methyl
ethyl ketone. These compounds account for approximately 82 percent of
this category's nationwide organic HAP emissions. Other significant
organic HAP identified include methyl isobutyl ketone, hexane, and
methylene chloride.
Inorganic HAP. Based on information reported in survey responses
during the development of the proposed NESHAP, inorganic HAP, including
chromium, cobalt, lead, and manganese compounds, are components of some
specialty coatings used by this source category. No inorganic HAP were
reported in cleaning materials. Most of the inorganic HAP components
remain as solids in the dry coating film on the parts being coated or
are deposited onto the walls, floor, and grates of the spray booths in
which they are applied. Some of the inorganic HAP particles are
entrained in the spray booth exhaust air. Spray booths in the large
appliance industry typically have either water curtains or dry filters
to remove overspray particles. Therefore, inorganic HAP emission levels
are expected to be very low, and have not been quantified.
D. What Is the Affected Source?
We define an affected source as a stationary source, a group of
stationary sources, or part of a stationary source to which a specific
emission standard applies. The proposed standards define the affected
source as the collection of all operations associated with the surface
coating of large appliances or parts of large appliances. These
operations include preparation of a coating for application (e.g.,
mixing with thinners); surface preparation of the large appliances or
part; coating application and flash-off; drying and/or curing of
applied coatings; cleaning of equipment used in surface coating;
storage of coatings, thinners, and cleaning materials; and handling and
conveyance of waste materials from the surface coating operations.
E. What Are the Emission Limits, Operating Limits, and Other Standards?
We are proposing standards that would limit HAP emissions from the
surface coating of large appliances. The proposed standards include
emission limits and operating limits.
Emission Limits. We are proposing to limit organic HAP emissions
from each new and reconstructed affected source to no more than 0.022
kg HAP/liter of coating solids used (0.18 lb/gal) in each monthly
compliance period. The proposed limit for each existing affected source
is 0.13 kg HAP/liter used (1.1 lb/gal). You can choose from several
compliance options in the proposed rule to achieve the emission limits.
You could comply by applying materials (coatings, thinners, and
cleaning materials) that meet the emission limits, either individually
or collectively, during each monthly compliance period. You could also
use a capture system and add-on control device to meet the emission
limits. You could also comply by using a combination of both
approaches.
Operating Limits. If you reduce emissions by using a capture system
and add-on control device (other than a solvent recovery system for
which you conduct a liquid-liquid material balance), the proposed
operating limits would apply to you. These limits are site-specific
parameter limits that you determine during the initial performance test
of the system. For capture systems that are not permanent total
enclosures, you would establish average volumetric flow rates or duct
static pressure limits for each capture device (or enclosure) in each
capture system. For capture systems that are permanent total
enclosures, you would establish limits on average facial velocity or
pressure drop across openings in the enclosure.
For oxidizers, you would monitor the combustion temperature (for
thermal oxidizers) or the temperature immediately before and after the
catalyst bed (for catalytic oxidizers). For carbon adsorbers for which
you do not conduct a liquid-liquid material balance, you would monitor
the carbon bed temperature and the amount of steam or nitrogen used to
desorb the bed. For condensers, you would monitor the outlet gas
temperature from the condenser.
The site-specific parameter limits that you establish must reflect
operation of the capture system and control devices during a
performance test that demonstrates achievement of the emission limits
during representative operating conditions.
General Provisions. The General Provisions (40 CFR part 63, subpart
A) also would apply to you as indicated in the proposed rule. The
General Provisions codify certain procedures and criteria for all 40
CFR part 63 NESHAP. The General Provisions contain administrative
procedures, preconstruction review procedures for new sources, and
procedures for conducting compliance-related activities such as
notifications, reporting and recordkeeping, performance testing, and
monitoring. The proposed rule refers to individual sections of the
General Provisions to emphasize key sections that are relevant.
However, unless specifically overridden in the proposed rule, all of
the applicable General Provisions requirements would apply to you.
F. What Are the Testing and Initial Compliance Requirements?
Compliance Dates. Existing affected sources would have to be in
compliance with the final standards no later than [Date 3 years after
the date the final rule is published in the Federal Register]. New and
reconstructed sources would have to be in compliance upon startup of
the affected source or no later than [Date the final rule is published
in the Federal Register], whichever is later.
The proposed initial compliance period begins on the compliance
date and ends on the last day of the first full calendar month
following the compliance date; except that for new and reconstructed
sources required to conduct performance tests, the initial compliance
period ends on the last day of the first full calendar month following
the performance test if the performance test is conducted later than
the compliance date (the proposed rule allows the test to be conducted
up to 180 days later). Being ``in compliance'' means that the owner or
operator of the affected source meets the requirements to achieve the
proposed emission limitations by the end of the initial compliance
period. At the end of the initial compliance period, the owner or
operator would use the data and records generated to determine whether
or not the affected source is in compliance for that period. If the
affected source does not meet the applicable limits and other
[[Page 81138]]
requirements, it is out of compliance for the entire initial compliance
period.
Emission Limits. There are several proposed options for complying
with the proposed emission limits, and the testing and initial
compliance requirements vary accordingly.
Option 1: Compliance based on materials used in the affected source
If you demonstrate compliance based on the materials used, you
would determine the mass of organic HAP and the volume fraction of
coating solids in all materials used during the compliance period.
To determine the mass of organic HAP in coatings, thinners, and
cleaning materials and the volume fraction of coating solids, you could
either rely on manufacturer's data or on results from the test methods
listed below. You may use alternative test methods provided you get EPA
approval in accordance with the NESHAP General Provisions, 40 CFR
63.7(f). However, if there is any inconsistency between the test method
results (either EPA's or an approved alternative) and manufacturer's
data, the test method results would prevail for compliance and
enforcement purposes.
For organic HAP content, use Method 311 of 40 CFR part 63,
appendix A;
The proposed rule allows you to use non-aqueous volatile
matter as a surrogate for organic HAP, which would include all organic
HAP plus all other organic compounds, and excluding water. If you
choose this option, use Method 24 of 40 CFR part 60, appendix A; and
For volume fraction of coating solids, use either Equation
1 in Sec. 63.4141 of the proposed rule, ASTM Method D2697-86 (1998), or
ASTM Method D6093-97.
To demonstrate initial compliance based on the materials used, you
would be required to demonstrate that either the organic HAP content of
each coating meets the emission limits and that you use no organic HAP-
containing thinners or cleaning materials, or that the total mass of
organic HAP in all coatings, thinners, and cleaning materials divided
by the total volume of coating solids meets the emission limits. For
the latter option, you would be required to:
Determine the quantity of each coating, thinner, and
cleaning material used.
Determine the mass of organic HAP in each coating,
thinner, and cleaning material.
Determine the volume fraction of coating solids for each
coating.
Calculate the total mass of organic HAP in all materials
and total volume of coating solids for the compliance period. You may
subtract from the total mass of organic HAP the amount contained in
waste materials you send to a hazardous waste treatment, storage, and
disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
Calculate the ratio of the total mass of organic HAP for
the materials used to the total volume of coating solids used.
Record the calculations and results and include them in
your Notification of Compliance Status.
Option 2: Compliance based on using a capture system and add-on
control device
If you use a capture system and add-on control device, other than a
solvent recovery system for which you conduct a liquid-liquid material
balance, your testing and initial compliance requirements are as
follows:
Conduct an initial performance test to determine the
capture and control efficiencies of the equipment and to establish
operating limits to be achieved on a continuous basis. The performance
test would have to be completed no later than the compliance date for
existing sources and 180 days after the compliance date for new and
reconstructed sources. You would also need to schedule it in time to
obtain the results for use in completing your compliance determination
for the initial compliance period.
Determine the mass of organic HAP in each material and the
volume fraction of coating solids for each coating used during the
initial compliance period.
Calculate the organic HAP emissions from the controlled
coating operations using the capture and control efficiencies
determined during the performance test and the total mass of organic
HAP in materials used in controlled coating operations.
Calculate the ratio of the total mass of HAP emissions to
the total volume of coating solids used during the initial compliance
period.
Record the calculations and results and include them in
your Notification of Compliance Status.
If you use a capture system and add-on control device, other than a
solvent recovery system for which you conduct liquid-liquid material
balances, you would determine both the efficiency of the capture system
and the emission reduction efficiency of the control device. To
determine the capture efficiency, you would either verify the presence
of a permanent total enclosure using EPA Method 204 of 40 CFR part 51,
appendix M (and all materials must be applied and dried within the
enclosure); or use one of three protocols in Sec. 63.4165 to measure
capture efficiency. If you have a permanent total enclosure and all
materials are applied and dried within the enclosure and you route all
exhaust gases from the enclosure to a control device, you would assume
100 percent capture.
To determine the emission reduction efficiency of the control
device, you would conduct measurements of the inlet and outlet gas
streams. The test would consist of three runs, each run lasting 1 hour,
using the following EPA Methods in 40 CFR part 60, appendix A:
Method 1 or 1A for selection of the sampling sites.
Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas
volumetric flow rate.
Method 3, 3A, or 3B for gas analysis to determine dry
molecular weight.
Method 4 to determine stack moisture.
Method 25 or 25A to determine organic volatile matter
concentration. Alternatively, any other test method or data that have
been validated according to the applicable procedures in Method 301 of
40 CFR part 63, appendix A, and approved by the Administrator, could be
used.
If you use a solvent recovery system, you could determine the
overall control efficiency using a liquid-liquid material balance
instead of conducting an initial performance test. If you use the
material balance alternative, you would be required to measure the
amount of all materials used in the affected source during the
compliance period and determine the total volatile matter contained in
these materials. You would also measure the amount of volatile matter
recovered by the solvent recovery system during the compliance period.
Then you would compare the amount recovered to the amount used to
determine the overall control efficiency, and apply this efficiency to
the organic HAP-to-coating solids ratio for the materials used. You
would record the calculations and results and include them in your
Notification of Compliance Status.
Operating Limits. As mentioned above, you would establish operating
limits as part of the initial performance test of a capture system and
control device, other than a solvent recovery system for which you
conduct liquid-liquid material balances. The operating limits are the
minimum or maximum (as applicable) values achieved for capture systems
and control devices during the most recent performance test that
demonstrated compliance with the emission limits. If you operate your
capture system and control device at different sets of representative
operating conditions, you must establish operating limits for the
parameters for each different operating condition.
[[Page 81139]]
The proposed rule specifies the parameters to monitor for the types
of emission control systems commonly used in the industry. You would be
required to install, calibrate, maintain, and continuously operate all
monitoring equipment according to manufacturer's specifications and
ensure that the continuous parameter monitoring systems (CPMS) meet the
requirements in Sec. 63.4168 of the proposed rule. If you use control
devices other than those identified in the proposed rule, you would
submit the operating parameters to be monitored to the Administrator
for approval. The authority to approve the parameters to be monitored
is retained by EPA and is not delegated to States.
If you use a thermal or catalytic oxidizer, you would continuously
monitor the appropriate temperature and record it at least every 15
minutes. For thermal oxidizers, the temperature monitor is placed in
the firebox or in the duct immediately downstream of the firebox before
any substantial heat exchange occurs. The operating limit would be the
average temperature measured during the performance test, and for each
consecutive 3-hour period the average temperature would have to be at
or above this limit. For catalytic oxidizers, temperature monitors are
placed immediately before and after the catalyst bed. The operating
limits would be the average temperature just before the catalyst bed
and the average temperature difference across the catalyst bed during
the performance test, and for each 3-hour period the average
temperature and the average temperature difference would have to be at
or above these limits.
If you use a carbon adsorber and do not conduct liquid-liquid
material balances to demonstrate compliance, you would monitor the
carbon bed temperature after each regeneration and the total amount of
steam or nitrogen used to desorb the bed for each regeneration. The
operating limits would be the carbon bed temperature (not to be
exceeded) and the amount of steam or nitrogen used for desorption (to
be met as a minimum).
If you use a condenser, you would monitor the outlet gas
temperature to ensure that the air stream is being cooled to a low
enough temperature. The operating limit would be the average condenser
outlet gas temperature measured during the performance test, and for
each consecutive 3-hour period the average temperature would have to be
at or below this limit.
For each capture system that is not a permanent total enclosure,
you would establish operating limits for gas volumetric flow rate or
duct static pressure for each enclosure or capture device. The
operating limit would be the average volumetric flow rate or duct
static pressure during the performance test, to be met as a minimum.
For each capture system that is a permanent total enclosure, the
operating limit would require the average facial velocity of air
through all natural draft openings to be at least 200 feet per minute
or the pressure drop across the enclosure to be at least 0.007 inches
water.
G. What Are the Continuous Compliance Provisions?
Emission Limits. If you demonstrate compliance with the proposed
emission limits based on the materials used, you would demonstrate
continuous compliance if, for each monthly compliance period, the ratio
of organic HAP to coating solids is less than or equal to the emission
limits. You would follow the same procedures for calculating the
organic HAP to coating solids ratio that you used for the initial
compliance period.
For each coating operation on which you use a capture system and
control device, other than solvent recovery for which you conduct a
liquid-liquid material balance, you would use the continuous parameter
monitoring results for the month in determining the mass of organic HAP
emissions. If the monitoring results indicate no deviations from the
operating limits and there were no bypasses of the control device, you
would assume the capture system and control device are achieving the
same percent emission reduction efficiency as they did during the most
recent performance test in which compliance was demonstrated. You would
then apply this percent reduction to the total mass of organic HAP in
materials used in controlled coating operations to determine the
monthly emission rate from those operations. If there were any
deviations from the operating limits during the month or any bypasses
of the control device, you would account for them in the calculation of
the monthly emission rate by assuming the capture system and control
device were achieving zero emission reduction during the periods of
deviation.
For each coating operation on which you use a solvent recovery
system and conduct a liquid-liquid material balance each month, you
would use the liquid-liquid material balance to determine control
efficiency. To determine the overall control efficiency, you must
measure the amount of all materials used during each month and
determine the volatile matter content of these materials. You must also
measure the amount of volatile matter recovered by the solvent recovery
system during the month, calculate the overall control efficiency, and
apply it to the total mass of organic HAP in the materials used to
determine total organic HAP emissions.
Operating Limits. If you use a capture system and control device,
the proposed rule would require you to achieve on a continuous basis
the operating limits you establish during the performance test. If the
continuous monitoring shows that the capture system and control device
are operating outside the range of values established during the
performance test, you have deviated from the established operating
limits.
If you operate a capture system and control device that allow
emissions to bypass the control device, you would have to demonstrate
that HAP emissions from each emission point within the affected source
are being routed to the control device by monitoring for potential
bypass of the control device. You may choose from the following four
monitoring procedures:
Flow control position indicator to provide a record of
whether the exhaust stream is directed to the control device;
Car-seal or lock-and-key valve closures to secure the
bypass line valve in the closed position when the control device is
operating;
Valve closure continuous monitoring to ensure any bypass
line valve or damper is closed when the control device is operating; or
Automatic shutdown system to stop the coating operation
when flow is diverted from the control device.
If the bypass monitoring procedures indicate that emissions are not
routed to the control device, you have deviated from the emission
limits.
Operations During Startup, Shutdown, and Malfunction. If you use a
capture system and control device for compliance, you would be required
to develop and operate according to a startup, shutdown, and
malfunction plan during periods of startup, shutdown, and malfunction
of the capture system and control device.
Emissions Reductions Plan for Mixing, Storage, and Waste Handling.
If you use a capture system and add-on control device for compliance,
you would be required to develop and operate according to a plan for
reducing emissions from mixing operations, storage tanks or other
containers, and waste handling operations. This plan would include a
description of all steps taken to minimize emissions from these sources
(e.g., using closed storage containers practices to minimize emissions
during filling and transfer of
[[Page 81140]]
contents from containers, using spill minimization techniques, placing
solvent-laden cloth in closed containers immediately after use, etc.).
If you do not develop a plan for reducing HAP emissions or you do not
implement the plan, this would be a deviation from the work practice
standard. You would have to make the emissions reductions plan
available for inspection if the Administrator requests to see it. Under
the option where emissions are reduced by using lower-HAP or no-HAP
materials, we are assuming that all the HAP in the materials entering
the affected source are volatilized (emitted), unless the facility can
show that a portion of the HAP released is recovered. Therefore,
emissions from operations occurring within the affected source (e.g.,
mixing operations) are accounted for in the estimate of total materials
usage at the affected source. However, when you comply by using capture
systems and add-on control devices, these systems and control devices
may not be associated with some operations within the affected source,
such as the mixing, storage, and waste handling operations. An
emissions reductions plan is needed to assure that emissions are
reduced from those uncontrolled operations using best available
practices. When the plan is instituted as a work practice, it should
provide a level of quality control and assurance.
H. What Are the Notification, Recordkeeping, and Reporting
Requirements?
You are required to comply with the applicable requirements in the
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in
the proposed rule. The General Provisions notification requirements
include: initial notifications, notification of performance test if you
are complying using a capture system and control device, notification
of compliance status, and additional notifications required for
affected sources with continuous monitoring systems. The General
Provisions also require certain records and periodic reports.
Initial Notifications. If the proposed standards apply to you, you
must send a notification to the EPA Regional Office in the region where
your facility is located, and to your State agency, at least 1 year
before the compliance date for existing sources and within 120 days
after the date of initial startup for new and reconstructed sources, or
120 days after publication of the final rule, whichever is later. That
report notifies us and your State agency that you have an existing
facility that is subject to the proposed standards or that you have
constructed a new facility. Thus, it allows you and the permitting
authority to plan for compliance activities. You would also need to
send a notification of planned construction or reconstruction of a
source that would be subject to the proposed rule and apply for
approval to construct or reconstruct.
Notification of Performance Test. If you demonstrate compliance by
using a capture system and control device for which you do not conduct
a liquid-liquid material balance, you would conduct a performance test.
The performance test would be required no later than the compliance
date for an existing affected source, and no later than 180 days after
startup or 180 days after publication of the final rule, whichever is
later, for a new or reconstructed source. You must notify us (or the
delegated State or local agency) at least 60 calendar days before the
performance test is scheduled to begin, as indicated in the General
Provisions for the NESHAP.
Notification of Compliance Status. Your compliance procedures would
depend on which compliance option you choose. For each compliance
option, you would send us a Notification of Compliance Status within 30
days after the end of the initial compliance period. In the
notification, you would certify whether the affected source has
complied with the proposed standards, identify the option(s) you used
to demonstrate initial compliance, summarize the data and calculations
supporting the compliance demonstration, and describe how you will
determine continuous compliance.
If you elect to comply by using a capture system and control device
for which you conduct performance tests, you must provide the results
of the tests. Your notification would also include the measured range
of each monitored parameter and the operating limits established during
the performance test, and information showing whether the source has
complied with its operating limits during the initial compliance
period.
Recordkeeping Requirements. You would be required to keep records
of reported information and all other information necessary to document
compliance with the proposed rule for 5 years. As required under the
General Provisions, records for the 2 most recent years must be kept
on-site; the other 3 years' records may be kept off-site. Records
pertaining to the design and operation of the control and monitoring
equipment must be kept for the life of the equipment.
Depending on the compliance option that you choose, you may need to
keep records of the following:
Organic HAP content, volatile matter content, coating
solids content, and quantity of the coatings, thinners, and cleaning
materials used during each compliance period; and
All documentation supporting initial notifications and
notifications of compliance status.
If you demonstrate compliance by using a capture system and control
device, you would also need to keep records of the following:
The occurrence and duration of each startup, shutdown, or
malfunction of the emission capture system and control device;
All maintenance performed on the capture system and
control device;
Actions taken during startup, shutdown, and malfunction
that are different from the procedures specified in the affected
source's startup, shutdown, and malfunction plan;
All information necessary to demonstrate conformance with
the affected source's startup, shutdown, and malfunction plan when the
plan procedures are followed;
All information necessary to demonstrate conformance with
the affected source's plan for minimizing emissions from mixing,
storage, and waste handling operations;
Each period during which a CPMS is malfunctioning or
inoperative (including out-of-control periods);
All required measurements needed to demonstrate compliance
with the standards; and
All results of performance tests.
The proposed rule would require you to collect and keep records
according to certain minimum data requirements for the CPMS. Failure to
collect and keep the specified minimum data would be a deviation that
is separate from any emission limits, operating limits, or work
practice standards.
Deviations, as determined from these records, would need to be
recorded and also reported. A deviation is any instance when any
requirement or obligation established by the proposed rule including,
but not limited to, the emission limits, operating limits, and work
practice standards, is not met.
If you use a capture system and control device to reduce HAP
emissions, you would have to make your startup, shutdown, and
malfunction plan available for inspection if the Administrator requests
to see it. It would stay in your records for the life of the affected
source or until the source is no longer subject to the proposed
standards. If you revise the plan, you
[[Page 81141]]
would need to keep the previous superseded versions on record for 5
years following the revision.
Periodic Reports. Each reporting year is divided into two
semiannual reporting periods. If no deviations occur during a
semiannual reporting period, you would submit a semiannual report
stating that the affected source has been in continuous compliance. If
deviations occur, you would include them in the report as follows:
Report each deviation from the monthly emission limit.
If you are complying by using a thermal oxidizer, report
all times when a consecutive 3-hour average temperature is below the
operating limit.
If you are complying by using a catalytic oxidizer, report
all times when a consecutive 3-hour average temperature difference
across the catalyst bed is below the operating limit, and also report
all times when a 3-hour average temperature before the catalyst bed is
below the operating limit.
If you are complying by using oxidizers, or solvent
recovery systems where liquid-liquid material balances are not
conducted, report all times when the value of the site-specific
operating parameter used to monitor the capture system performance was
less than the operating limit established for the capture system.
If you are complying by using a carbon adsorber for which
you do not conduct liquid-liquid material balances, report all times
when the steam or nitrogen flow is less than the operating limit and
also report all times when the carbon bed temperature is more than the
operating limit.
If you are complying by using a condenser, report all
times when a 3-hour average outlet temperature is higher than the
operating limit.
If your capture system contains bypass lines that could
divert emissions from the control device to the atmosphere, report all
times when emissions were not routed to the control device.
Report other specific information on the periods of time
the deviations occurred.
You would also have to include an explanation in each semiannual
report if a change occurs that might affect the compliance status of
the affected source, or you change to another option for meeting the
emission limit.
Other Reports. You would be required to submit reports for periods
of startup, shutdown, and malfunction of the capture system and control
device. If the procedures you follow during any startup, shutdown, or
malfunction are inconsistent with your plan, you would report those
procedures with your semiannual reports in addition to immediate
reports required by Sec. 63.10(d)(5)(ii).
III. Rationale for Selecting the Proposed Standards
A. How Did We Select the Source Category?
The surface coating of large appliances is a source category that
is on the list of source categories to be regulated because it contains
major sources which emit or have the potential to emit at least 10 tons
of any one HAP or at least 25 tons of any combination of HAP annually.
The proposed rule would control HAP emissions from both new and
existing major sources. Area sources are not being regulated under this
proposed rule.
The surface coating of large appliances as described in the listing
includes any facility engaged in the surface coating of large appliance
parts or products. We use the large appliance product lists contained
in the SIC and NAICS code descriptions to describe the vast array of
large appliance parts and products.
We intend the source category to include facilities for which the
surface coating of large appliances is either their principal activity
or an integral part of a production process that is the principal
activity. Most coating operations are located at plant sites that are
dedicated to these activities. However, some may be located at sites
for which some other activity is principal. Collocated surface coating
operations comparable to the types and sizes of the dedicated
facilities, in terms of the coating operation and applicable emission
control techniques, are included in the source category.
The source category does not include research or laboratory
facilities or janitorial, building, and facility maintenance
operations.
B. How did we select the regulated pollutants?
Organic HAP. Available emission data collected during the
development of the proposed NESHAP show that the primary organic HAP
emitted from the surface coating of large appliances include xylene,
glycol ethers, toluene, methylene diphenyl diisocyanate, and methyl
ethyl ketone. These compounds account for approximately 82 percent of
this category's nationwide organic HAP emissions. However, many other
organic HAP are used, or can be used, in large appliance coatings,
thinners, and cleaning materials. Therefore, the proposed rule would
regulate emissions of all organic HAP.
Inorganic HAP. Although most of the coatings used in this source
category do not contain inorganic HAP, some special purpose coatings
used by this source category do contain inorganic HAP such as chromium,
cobalt, lead, and manganese. Emissions of these materials to the
atmosphere are minimal because the facilities in this source category
employ either water curtains or dry filters that remove overspray
particles from the spray booth exhaust. At this time, it does not
appear that emissions of inorganic HAP from this source category
warrant Federal regulation.
C. How Did We Select the Affected Source?
In selecting the affected source(s) for emission standards, our
primary goal is to ensure that MACT is applied to HAP-emitting
operations or activities within the source category being regulated.
The affected source also serves to establish where new source MACT
applies under a particular standard. Specifically, the General
Provisions in subpart A of 40 CFR part 63 define the terms
``construction'' and ``reconstruction'' with reference to the term
``affected source'' and provide that new source MACT applies when
construction or reconstruction of an affected source occurs. The
collection of equipment and activities evaluated in determining MACT
(including the MACT floor) is used in defining the affected source.
When an emission standard is based on a collection of emissions
sources, or total facility emissions, we select an affected source
based on that same collection of emission sources, or the total
facility, as well. This approach for defining the affected source
broadly is particularly appropriate for industries where a plantwide
emission standard provides the opportunity and incentive for owners and
operators to utilize control strategies that are more cost effective
than if separate standards were established for each emission point
within a facility.
Selection of Affected Source. The affected source for these
proposed standards is broadly defined to include all operations
associated with the coating of large appliances and the cleaning of
product substrates or coating operation equipment. These operations
include storage and mixing of coatings and other materials; surface
preparation of the large appliances prior to coating application;
coating application and flash-off, drying and curing of applied
[[Page 81142]]
coatings; cleaning operations; and waste handling operations.
In selecting the affected source, we considered, for each
operation, the extent to which HAP-containing materials are used and
the amount of HAP that are emitted. Cleaning and coating application,
flash-off, and curing/drying operations account for the majority of HAP
emissions at large appliance surface coating operations. These
operations are included in the affected source.
We were not able to obtain data to adequately quantify HAP
emissions from storage, mixing, and waste handling. However, solvents
that are added to coatings as thinners, and other HAP-containing
additives to coatings, may be emitted during mixing and storage. The
level of emissions depends on the type of mixing and the type of
storage container and the work practices used at the facility.
Emissions from waste handling operations depend on the type of system
used to collect and transport organic HAP-containing waste coatings,
thinners, and cleaning materials in the facility. For example, solvent-
laden rags that are used to clean spray booths or tanks could be a
source of HAP emissions. The method used to isolate and store such rags
affects the level of emissions to ambient air. Mixing, storage, and
waste handling operations are included in the affected source.
A broad definition of the affected source was selected to provide
maximum flexibility in complying with the proposed emission limits for
organic HAP. In planning its total usage of HAP-containing materials,
each facility can select among available coatings, thinners, and
cleaning materials to comply with the proposed limits.
Additional information on the large appliance surface coating
operations selected for regulation, and other operations, are included
in the docket for the proposed standards.
D. How did we determine the basis and level of the proposed standards
for existing and new sources?
The sections below present the rationale for determining the MACT
floor, regulatory alternatives beyond the floor, and selection of the
proposed standards for existing and new affected sources.
How did we determine the MACT floor technology? After we identify
the specific source categories or subcategories of sources to regulate
under section 112 of the CAA, we must develop emission standards for
each category and subcategory. Section 112(d)(3) establishes a minimum
baseline or ``floor'' for standards. For new sources in a category or
subcategory, the standards cannot be less stringent than the emission
control that is achieved in practice by the best-controlled similar
source. The standards for existing sources can be less stringent than
standards for new sources, but they cannot be less stringent than the
average emission limitation achieved by the best-performing 12 percent
of existing sources (or the best-performing five sources for categories
or subcategories with fewer than 30 sources).
Within the large appliance industry, organic HAP emission control
for cleaning and surface coating operations is accomplished primarily
through the use of lower-HAP coatings, thinners, and cleaning
materials. Add-on capture and control systems for organic HAP are
rarely used by the industry. While lower organic HAP materials have
achieved broad use throughout the industry, each particular coating
technology is not used at every facility. Rather, facilities use
various combinations of low-HAP coatings, thinners, and cleaning
materials. Thus, we judged the most reasonable approach to establishing
a MACT floor to be the evaluation of a facility's organic HAP emissions
from all coating-related operations. To account for differences in
production levels from one facility to another, we normalized the
organic HAP emission rate by the volume of coating solids used. We
believe coating solids usage is an appropriate indicator of overall
production levels.
We used information obtained from industry survey responses to
estimate the sourcewide organic HAP emission rate from each survey
respondent. We calculated total organic HAP emissions by assuming that
100 percent of the volatile components in all coatings (including
adhesives), thinners, and cleaning materials (including surface
preparation materials) are emitted. Major sources were identified as:
those facilities that listed ``major source'' or ``synthetic minor
source'' as their title V status on their questionnaire response; those
facilities that reported their HAP emissions under ``maximum design
capacity'' as greater than 9.1 megagrams per year (Mg/yr) (10 tpy); and
other facilities that we judged to have the capacity to increase their
HAP emissions to at least 9.1 Mg/yr, even though they did not identify
themselves as major or synthetic minor sources. The final group of
facilities were included because they reported actual HAP emissions of
greater than 3 Mg (3.3 tons) during the reporting year and did not
report a ``maximum design capacity.'' If these facilities operate at
full capacity over multiple shifts each day, their annual emission rate
may equal or exceed 9.1 Mg/yr.
The survey response information was used to determine the total
volume of coating solids used by each source from all types of
coatings. We included decorative, protective, and functional coatings
in this total.
Using the sourcewide organic HAP emissions and the total volume of
coating solids used for each survey respondent, we calculated the
normalized organic HAP emissions (emission rate) in units of kilograms
organic HAP per liter of coating solids used. The facilities were then
ranked from the lowest emission rate to the highest, with the following
exceptions. Facilities that reported the predominant use of powder
coatings (greater than 90 percent of all coating solids usage) were
excluded from the MACT floor calculations. While powder coating
technology is a proven low-HAP coating technology, its applicability is
not considered to be universal for all products manufactured within the
source category. For those facilities whose products can be coated with
this technology, the use of powder coatings is a very effective and
efficient means of reducing HAP emissions. The degree of HAP reductions
that can be achieved with the powder coating technology is close to 100
percent. However, because many large appliance parts and products
cannot be satisfactorily coated with powder coating technology, we
concluded that it would not be appropriate to define the MACT floors
based primarily on their use. Facilities that used lesser amounts of
powder coatings in combination with other low-HAP coating technologies
were included in the MACT floor determination.
For some facilities, the organic HAP to coating solids ratio was
very low due to the facilities' usage of unusually large quantities of
low-HAP and non-HAP adhesives. The low- and non-HAP adhesives usage for
these facilities ranged from 40 to 84 percent of all coating solids.
While many facilities in the source category use adhesives (a
functional coating), their use is not as widespread compared to the
decorative and protective coatings usually associated with the
appearance of large appliance products. On the average, adhesive usage
among all facilities in the source category database is about 4 percent
of the total solids used. We concluded that because of the specific
function served by adhesives, the low-HAP adhesive technology employed
in the facilities described above may not be transferable to the
decorative and
[[Page 81143]]
protective coatings which account for the remaining 96 percent of
coating solids usage in the industry. Thus, we concluded that the
facilities using atypically large quantities of these adhesives
relative to decorative and protective coatings should not be included
in the floor determination of existing sources or new sources.
For the existing source MACT floor, the top 12 percent of the
facilities were determined based on the number of facilities in the
MACT floor database (95 database facilities x 12 percent=11.4).
Because the calculated value was greater than 11, we used data from 12
facilities to determine the MACT floor. The floor was calculated as the
arithmetic average of the emission rates of the top 12 best-performing
representative facilities.
This process resulted in a MACT floor equal to 0.13 kg HAP/liter of
coating solids (1.1 lb/gal). The survey data showed no appreciable
differences between the floor facilities and the remaining facilities
in the database in terms of the substrates coated, the coating
technologies used, or the applicability of control measures across the
various operations. Therefore, we believe the floor level of control is
achievable by all existing sources.
The best performing facility in our database has an emission rate
of 0.022 kg HAP/liter of coating solids (0.18 lb/gal). This facility
operates under SIC 3585 and manufactures supermarket display cases and
equipment. This facility uses both solvent-based coatings and powder
coatings and is considered similar to the other sources in the category
in terms of the substrate coated and the coating technologies used.
Therefore, the new source MACT floor was based on the data from this
facility and was determined to be 0.022 kg HAP/liter (0.18 lb/gal) of
coating solids.
How did we consider beyond-the-floor technology? After the floors
have been determined for new and existing sources in a source category
or subcategory, we must set emission standards that are technically
achievable and no less stringent than the floors. Such standards must
then be met by all sources within the category or subcategory. We
identify and consider any reasonable regulatory alternatives that are
``beyond-the-floor,'' taking into account emissions reductions, cost,
non-air quality health and environmental impacts, and energy
requirements. These alternatives may be different for new and existing
sources because of different MACT floors, and separate standards may be
established for new and existing sources.
We identified three regulatory alternatives more stringent than the
MACT floor level of control for organic HAP. These alternatives were
conversion to powder coatings; conversion to liquid coatings that have
a very low, or no, organic HAP content; and use of add-on capture
systems and control devices.
Information indicates that several large appliance surface coating
facilities have converted to using only powder coatings. Such
facilities typically produce a single type of product (such as laundry
equipment), do not require unusual finishes, and use a small number of
colors. Many large appliance surface coating facilities, however,
manufacture more than one product and often use a wide array of colors.
Although powder coatings may be somewhat more durable than conventional
liquid coatings, specialty finishes such as antique and crackle, as
well as the palette of designer colors offered by some manufacturers,
may not be adequately duplicated by powder coatings. Consequently,
while powder coating is a proven technology that can be used in many
situations, it is not universally applicable in the large appliance
industry and was, therefore, rejected as a beyond-the-floor option.
Lower organic HAP liquid coatings fall into two primary categories.
The most common category is coatings formulated with solvents that are
not organic HAP (but may be VOC). The second category is those coatings
that result from alternate technologies such as ultraviolet (UV)--
curable coatings and electron beam (EB)--curable coatings. These
coatings do not employ organic HAP or VOC to keep the pigment and other
components of the coating in solution until curing. Therefore, organic
HAP emissions are very small.
These lower organic HAP coatings are currently in production use in
some industries, but their applicability in the large appliance
industry is limited. Given the limited applicability of UV--curable and
EB--curable coatings, we do not believe it is feasible to require the
use of these coatings and rejected them as a beyond-the-floor option
for organic HAP.
It is technically feasible to reduce emissions from affected
sources by at least 95 percent through the use of capture systems and
add-on control devices. Based on the model plants analysis used to
estimate the impacts of the proposed rule, over half of the existing
facilities will be required to achieve HAP emissions reductions of
greater than 80 percent to meet the existing source MACT floor level of
control. For these facilities, the incremental HAP reductions that
could be achieved by using capture systems and control devices to
comply with a ``beyond-the-floor'' alternative of 95 percent reduction
would range from about 0.30 Mg (0.33 tons) to about 1.7 Mg (1.9 tons).
The estimated cost of a permanent total enclosure and a control device,
such as an oxidizer, for these facilities could be as much as $1
million. We believe the incremental emissions reductions that would be
achieved at this time do not warrant the additional cost that each
existing source would incur by using add-on control systems. Therefore,
we rejected requiring capture systems and add-on control devices as a
beyond-the-floor option for organic HAP.
How did we select the proposed standards? For existing sources, we
based the proposed standards on the existing source MACT floor. As
described earlier, we determined that beyond-the-floor options were not
technically or economically feasible for all existing sources. For the
same reasons, we based the proposed standards for new sources on the
new source MACT floor.
The MACT levels of control for new and existing sources can be
achieved in several different ways. Many sources would be able to use
lower-HAP coatings, although they may not be available to meet the
needs of every source. If a source is also using cleaning materials
that contain organic HAP, then it may be able to switch to lower-HAP or
non-HAP cleaning materials, which are widely available, to reduce the
sourcewide organic HAP emissions rate to the MACT level. Other
available options are the use of powder coatings or capture systems and
add-on control devices to reduce emissions.
We note here that our assumption, used in the development of the
MACT floors, that 100 percent of the organic HAP in the materials used
are emitted by the affected source would not apply when the source
sends waste organic HAP-containing materials to a facility for
treatment or disposal. We made that assumption because the industry
survey responses provided little information as to the amount of
organic HAP recovered and recycled or treated and disposed. We,
therefore, concluded that that practice may not be common within the
large appliance industry. We recognize, however, that some large
appliance facilities may conduct such activities and should be allowed
to account for such activities in determining their emissions. Thus,
the proposed rule allows you to reduce the organic HAP emissions by the
amount of any organic HAP contained in waste treated or disposed at a
hazardous waste treatment, storage, and disposal facility
[[Page 81144]]
that is regulated under 40 CFR part 262, 264, 265, or 266.
E. How did we select the format of the standards?
Numerical emission standards are required by section 112(h) of the
CAA unless we can justify that it is not feasible to prescribe or
enforce an emission standard, in which case a design, equipment, work
practice, or operational standard can be set.
We selected the format of the standards to be mass of organic HAP
per volume of coating solids. The performance-based nature of this
proposed format would allow large appliance coating operation owners
and operators flexibility in choosing any combination of means
(including coating reformulation, use of lower-HAP or non-HAP
materials, solvent elimination, work practices, and add-on control
devices) to comply with the emission limits that is workable for their
particular situations.
We selected volume of coating solids as a component of the proposed
standards to normalize the rate of organic HAP emissions across all
sizes and types of facilities. We selected the volume of coating solids
used because it is directly related to the surface area coated (i.e.,
the average dry film thickness of coatings on most large appliance
parts or products is generally consistent) and, therefore, provides an
equitable basis for all coatings, regardless of differences in coating
densities. A format based on the mass or weight of coating solids
(instead of volume) could result in inequitable standards for higher-
density pigmented coatings, such as basecoats or enamels, compared to
coatings with lower densities per unit volume.
Other choices for the format of the standards that we considered,
but rejected, included a usage limit (mass per unit time) and a never-
to-be-exceeded limit on the organic HAP content of coatings, solvents,
or cleaning materials. As it is not our intent to limit a facility's
production under these proposed standards, we rejected a usage limit.
We also rejected a never-to-be-exceeded limit, as the proposed
standards allow averaging of HAP emissions from the materials used
during the compliance period.
F. How did we select the testing and initial compliance requirements?
The proposed standards would allow you to choose among several
methods to demonstrate compliance with the proposed standards for
organic HAP: coatings with low or no organic HAP; an overall organic
HAP emission rate from all coatings, thinners, and cleaning materials
that is less than the applicable emission limit; or capture systems and
control devices.
Coatings with Low or No Organic HAP. You would be required to
document the organic HAP content of all coatings and show that each is
less than the applicable emission limit. You would also have to show
that each thinner and each cleaning material used contains no organic
HAP. Method 311 is the method developed by EPA for determining the mass
fraction of organic HAP in coatings and has been used in previous
surface coating NESHAP. We have not identified any other methods that
provide advantages over Method 311 for use in the proposed standards.
Method 24 is the method developed by EPA for determining the mass
fraction of volatile matter for coatings and can be used if you choose
to determine the non-aqueous volatile matter content as a surrogate for
organic HAP. In past standards, VOC emission control measures have been
implemented in coating industries, with Method 24 as the compliance
method. We have not identified any other methods that provide
advantages over Method 24 for use in the proposed standards.
The proposed requirements for determining volume fraction of
coating solids would allow you to choose between calculating the value
using Equation 1 in Sec. 63.4141 of the proposed standards or measuring
the volume with either ASTM Method D2697-86 (1998) or ASTM Method
D6093-97.
Overall Organic HAP Emission Rate. To demonstrate initial
compliance using this option, you would calculate the organic HAP
emission rate for one or more coating operations in the affected
source, based on the mass of organic HAP in all coatings, thinners, and
cleaners and the volume of coating solids used during the compliance
period, and demonstrate that it does not exceed the applicable emission
limit. You would determine these values using the methods discussed
previously.
Capture Systems and Control Devices. If you use a capture system
and control device, other than a solvent recovery device for which you
conduct a liquid-liquid material balance, you would be required to
conduct an initial performance test of the system to determine its
overall control efficiency. For a solvent recovery system for which you
conduct a liquid-liquid material balance, you would determine the
quantity of volatile matter applied and the quantity recovered during
the initial compliance period to determine its overall control
efficiency. For both cases, the overall control efficiency would be
combined with the monthly mass of organic HAP in the coatings and other
materials used to calculate the monthly HAP emission rate in kg HAP/
liter of coating solids. If you conduct a performance test, you would
also determine parameter operating limits during the test. The test
methods that the proposed standards would require for the performance
test have been required under many standards of performance for
industrial surface coating sources under 40 CFR part 60 and NESHAP
under 40 CFR part 63. We have not identified any other methods that
provide advantages over these methods.
G. How Did We Select the Continuous Compliance Requirements?
To ensure continuous compliance with the proposed organic HAP
emission limits and/or operating limits, the proposed standards would
require continuous parameter monitoring of capture systems and control
devices and recordkeeping. We selected the following requirements based
on reasonable cost, ease of execution, and usefulness of the resulting
data to both the owners or operators and EPA for ensuring continuous
compliance with the emission limits and/or operating limits.
We are proposing that certain parameters be continuously monitored
for the types of capture systems and control devices commonly used in
the industry. These monitoring parameters have been used in other
standards for similar industries. The values of these parameters that
correspond to compliance with the proposed emission limits are
established during the initial or most recent performance test that
demonstrates compliance. These values are your operating limits for the
capture system and control device.
You would be required to determine 3-hour average values for most
monitored parameters for the affected source. We selected this
averaging period to reflect operating conditions during the performance
test to ensure the control system is continuously operating at the same
or better control level as during a performance test demonstrating
compliance with the emission limits.
To demonstrate continuous compliance with the monthly emission
limits, you would also need records of the quantity of coatings and
other materials used and the data and calculations supporting your
determination of their organic HAP content. If you conduct liquid-
liquid material balances, you would need
[[Page 81145]]
records of the quantity of volatile matter used and the quantity
recovered by the solvent recovery system each month.
H. How Did We Select the Notification, Recordkeeping, and Reporting
Requirements?
You would be required to comply with the applicable requirements in
the NESHAP General Provisions, subpart A of 40 CFR part 63, as
described in Table 2 of the proposed subpart NNNN. We evaluated the
General Provisions requirements and included those we determined to be
the minimum notification, recordkeeping, and reporting necessary to
ensure compliance with, and effective enforcement of, the proposed
standards.
I. How Did We Select the Compliance Date?
You would be allowed 3 years to comply with the final standards for
existing affected sources. This is the maximum period allowed by the
CAA. We believe that 3 years for compliance is necessary to allow
adequate time to accommodate the variety of compliance methods that
existing sources may use. Most sources in this category would need this
3-year maximum amount of time to develop and test reformulated
coatings, particularly those that may opt to comply using a different
lower-emitting coating technology. We want to encourage the use of
these pollution prevention technologies. In addition, time would be
needed to establish records management systems required for enforcement
purposes. Some sources may need the time to purchase and install
emission capture and control systems. In such cases, you would need to
obtain a permit for the use of add-on controls, which will require time
for approval from the permitting authority.
The CAA requires that new or reconstructed affected sources comply
with standards immediately upon startup or the effective date of the
final rule, whichever is later.
IV. Summary of Environmental, Energy, and Economic Impacts
Model plants were developed to aid in the estimation of the impacts
the proposed standards would have on the large appliance industry. Four
model plants distinguished by size, as measured by the total volume of
coating solids used, were developed. Impacts were then developed for
each model plant, and these individual impacts were scaled to
nationwide levels based on the number of facilities corresponding to
each model plant size. We used the model plant approach because we did
not have adequate data to estimate impacts for each actual facility.
A variety of compliance methods are available to the industry to
meet the proposed emission limits. We analyzed the information obtained
from the industry survey responses, industry site visits, trade groups,
and industry representatives to determine which compliance methods
would most likely be used by existing and new sources. We expect that
the most widely-used method for existing sources would be low-HAP
content liquid coatings (coatings with HAP contents at or below the
emission limits). Powder coatings, no-HAP cleaning materials, and add-
on capture and control systems would likely be used by existing
sources, but to a lesser extent. Various combinations of these methods
may be used. New sources are largely expected to use powder coating
technologies or a combination of low-HAP coatings and no-HAP cleaning
materials.
For the purpose of assessing impacts, we assumed that all existing
sources would convert to liquid coatings and thinners with lower-HAP
content than presently used and no-HAP cleaning materials. We assumed
that new sources would use either powder coatings or lower-HAP coatings
and no-HAP cleaning materials.
We first estimated the impacts of the proposed emission limits on
the four model plants. To scale up the model plant impacts to
nationwide levels, we multiplied the individual model plant impacts by
the estimated number of major sources in the United States
corresponding to each plant size. We estimated that there are 74
existing major source facilities nationwide. For more information on
how impacts were estimated, see Chapters 6 and 7 of the background
information document, EPA-453/R-00-006.
A. What Are the Air Impacts?
For existing major sources, we estimated that compliance with the
proposed emission limits would result in reductions of nationwide
organic HAP emissions of 1,080 Mg/yr (1,191 tpy). This represents a
reduction of 45 percent from the baseline organic HAP emissions of
2,394 Mg/yr (2,639 tpy).
For new sources, we have assumed that most, if not all, will use
coating technologies that are considered to be ``state-of-the-art''
coatings (e.g., powder coatings and low-HAP liquid coatings). Powder
coating technology has advanced rapidly in recent years and is gaining
widespread acceptance in the large appliance industry. Powder coatings
are not only very cost effective, their use eliminates the problems
associated with worker exposure to organic solvents. Many of the
facilities in the database indicated that they were in the process of
converting part or all of their coating operations to use powder
coatings. Also, four of the most recently constructed facilities in the
database are using powder coatings extensively and have HAP emission
levels below the MACT level for new sources. For these reasons, we
project the baseline emission levels for new sources to be at, or
below, the requirements in the proposed standards. Therefore, we have
assumed no emissions reductions from new sources attributable to the
proposed standards.
B. What Are the Cost Impacts?
We have estimated the costs related to complying with the emission
limitations and meeting the monitoring, recordkeeping, and reporting
requirements. The costs to comply with the emission limitations include
the increased cost of reformulated low-HAP coating materials, as well
as any capital expenditures that would be required to facilitate the
use of these materials. Alternatively, facilities could choose to
purchase, install, and operate capture systems and add-on control
devices. We have assumed for this analysis that all affected facilities
will comply through the use of reformulated coatings, thinners, and
cleaning materials, and that these materials can be utilized without
the need for capital expenditures. Annual costs for meeting the
monitoring, recordkeeping, and reporting requirements of the proposed
rule have also been included.
Existing sources. To comply with the proposed standards, existing
facilities will likely use reformulated coatings, thinners, and
cleaning materials. Compliance costs were estimated to be the
incremental cost difference between the materials currently used and
the complying materials. Estimates of cost impacts were based on four
model plants that were developed to represent the range of sizes and
coating materials found throughout the industry. Each model plant was
assumed to comply with the proposed standards by switching to non-HAP
adhesives, surface preparation materials, and cleaning materials and
reducing the HAP content of the coatings and thinners. The annual
incremental cost of the reformulated raw materials ranged from
approximately $700 for model plant 1, representing the segment of
industry with the lowest coating solids usage, to $26,000 for model
plant 4, representing the segment of industry that uses over 200,000
liters of coating solids. The nationwide cost impact was
[[Page 81146]]
estimated for each industry segment by multiplying the annual costs for
each model plant by the number of facilities represented by that model
plant. A total nationwide cost impact associated with material usage
was estimated by summing the nationwide costs for each of the four
industry segments. In addition, we included estimates for monitoring,
recordkeeping, and reporting costs for all 74 affected sources.
We estimate total nationwide annual costs in the fifth year to
comply with the proposed emission limits to be $1.63 million for
existing sources. These costs include approximately $.48 million for
direct costs associated with material usage and $1.15 million for
recordkeeping and reporting.
New sources. We estimate the number of new major sources to be four
per year, based on an average of the number of new facilities
constructed from 1993 to 1997. In the absence of the proposed
standards, we anticipate that most, if not all, new sources will
primarily use newer coating technologies such as powder coatings,
higher solids, and low-HAP liquid coatings. Because these coatings are
very cost effective and new facilities would likely choose to use them
even in the absence of the proposed standards, no additional costs
associated with material usage were assigned for complying with the
proposed standards. Therefore, only the costs of monitoring,
recordkeeping, and reporting have been assigned to new facilities.
We estimate the annual cost in the fifth year due to monitoring,
recordkeeping, and reporting to be $341,000. We estimated $91,000 each
year for the four new sources ($23,000 per facility) for their initial
year of monitoring, recordkeeping, and reporting. In each subsequent
year of operation, the estimated monitoring, recordkeeping, and
reporting cost is $16,000 per facility.
C. What Are the Economic Impacts?
We performed an economic impact analysis (EIA) to provide an
estimate of the facility and market impacts of the proposed standards
as well as the social costs. In general, we expect the economic impacts
of the proposed standards to be minimal, with price increases and
production decreases of less than 0.01 percent. Based on a model
referred to as a ``perfectly competitive economic model'' of this
industry, we estimate social costs of approximately $1.62 million in
the fifth year for existing sources, with the burden being roughly
equally shared by consumers and producers.
For affected facilities, the distribution of costs is slanted
toward the lower impact levels with many facilities incurring only
those related to monitoring, recordkeeping, and reporting. The EIA
indicates that these regulatory costs are expected to represent only
0.01 percent of the value of product shipments, which should not cause
producers to cease or alter their current operations. Hence, no firms
or facilities are expected to become at risk of closure because of the
proposed standards. International trade impacts are expected to be
negligible because of the very small price increase (i.e., 0.01
percent). Based on the projected characteristics and costs for new
sources, we do not expect any differential impact on these sources. For
more information, refer to the ``Economic Impact Analysis of the
Proposed NESHAP: Surface Coating of Large Appliances'' (Docket No. A-
97-41).
D. What Are the Non-Air Health, Environmental, and Energy Impacts?
Based on information from the industry survey responses, we found
no indication that the use of low organic HAP content coatings,
thinners, and cleaning materials at existing sources would result in
any increase or decrease in non-air health, environmental, and energy
impacts. There would be no change in the utility requirements
associated with the use of these materials, so there would be no change
in the amount of energy consumed as a result of the material
conversion. Also, there would be no significant change in the amount of
materials used or the amount of waste produced.
Because new sources are expected to comply with the proposed
standards through the use of low-HAP coating technologies rather than
add-on control devices, there would be no significant change in energy
usage or waste production.
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not a ``significant regulatory action''
because none of the listed criteria apply to this action. Consequently,
this action was not submitted to OMB for review under Executive Order
12866.
B. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State
law, unless the Agency consults with State and local officials early in
the process of developing the proposed regulation.
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Pursuant to the
[[Page 81147]]
terms of Executive Order 13132, it has been determined that this rule
does not have ``federalism implications,'' because it does not meet the
necessary criteria. Thus, the requirements of section 6 of the
Executive Order do not apply to this proposed rule.
C. Executive Order 13084, Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to OMB, in a separately identified section of
the preamble to the rule, a description of the extent of EPA's prior
consultation with representatives of affected tribal governments, a
summary of the nature of their concerns, and a statement supporting the
need to issue the regulation. In addition, Executive Order 13084
requires EPA to develop an effective process permitting elected
officials and other representatives of Indian tribal governments ``to
provide meaningful and timely input in the development of regulatory
policies on matters that significantly or uniquely affect their
communities.'' Today's proposed rule does not significantly or uniquely
affect the communities of Indian tribal governments. No tribal
governments own or operate large appliance surface coating facilities.
Accordingly, the requirements of section 3(b) of Executive Order 13084
do not apply to this action.
D. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it does not establish an
environmental standard based on an assessment of health or safety
risks. No children's risk analysis was performed because no alternative
technologies exist that would provide greater stringency at a
reasonable cost. Furthermore, this rule has been determined not to be
``economically significant'' as defined under Executive Order 12866.
E. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
aggregate, or by the private sector, of $100 million or more in any 1
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least-costly, most cost-effective, or least-burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of this
rule for any year has been estimated to be slightly less than $2
million. Thus, today's proposed rule is not subject to the requirements
of sections 202 and 205 of the UMRA. In addition, EPA has determined
that this proposed rule contains no regulatory requirements that might
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments or impose obligations
upon them. Therefore, today's proposed rule is not subject to the
requirements of section 203 of the UMRA.
F. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601, et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedures Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For the purposes of assessing the impacts of today's proposed rule
on small entities, small entity is defined as: (1) A small business
ranging from 100-1,000 employees or less than $3.5 million in annual
sales; (2) a small governmental jurisdiction that is a government of a
city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
In accordance with the RFA and SBREFA, EPA conducted an assessment
of the proposed standards on small businesses within the large
appliance coating industry. Based on Small Business Administration size
definitions and reported sales and employment data, EPA's survey
identified 221 facilities that apply surface coatings to large
appliances. These facilities, which include major and area sources, are
owned by 84 companies. Of these companies, 34 are small businesses.
Although small
[[Page 81148]]
businesses represent about 40 percent of the companies within the
source category, they are expected to incur only 10 percent of the
total industry compliance costs. Under the proposed standards, the
average annual compliance cost share of sales for small businesses is
only 0.20 percent, with 26 of the 34 small businesses not expected to
incur any additional costs because they are area sources or are
permitted as synthetic minor HAP emission sources. After reviewing the
range of costs to be borne by small businesses, EPA has determined the
costs are typically small and, thus, certifies that this action will
not have a significant impact on a substantial number of small
entities.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA has nonetheless
worked aggressively to minimize the impact of this proposed rule on
small entities, consistent with our obligations under the CAA. We
solicited input from small entities during the data-gathering phase of
the proposed rulemaking. We are proposing compliance options which give
small entities flexibility in choosing the most cost effective and
least burdensome alternative for their operation. For example, a
facility could purchase and use low-HAP coatings (i.e., pollution
prevention) that meet the proposed standards instead of using add-on
capture and control systems. This method of compliance can be
demonstrated with minimum burden by using purchase and usage records.
No testing of materials would be required, as the facility owner could
show that their coatings meet the emission limits by providing
formulation data supplied by the manufacturer.
We continue to be interested in the potential impacts of the
proposed standards on small entities and welcome comments on issues
related to such impacts. For more information, consult the docket for
this project.
G. Paperwork Reduction Act
The information collection requirements in the proposed rule will
be submitted for approval to the OMB under the Paperwork Reduction Act,
44 U.S.C. 3501, et seq. An Information Collection Request (ICR)
document has been prepared by EPA (ICR No. 1954.01) and a copy may be
obtained from Sandy Farmer by mail at the Collection Strategies
Division (2822), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW, Washington, DC 20460, by email at
[email protected], or by calling (202) 260-2740. A copy may also be
downloaded off the internet at http://www.epa.gov/icr. The information
requirements are not effective until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to Agency policies set
forth in 40 CFR part 2, subpart B.
The proposed standards would require maintaining records of all
coatings, thinners, and cleaning materials data and calculations used
to determine compliance. This information includes the volume used
during each monthly compliance period, mass fraction organic HAP,
density, and, for coatings only, volume fraction of coating solids.
If an add-on control device is used, records must be kept of the
capture efficiency of the capture system, destruction or removal
efficiency of the add-on control device, and the monitored operating
parameters. In addition, records must be kept of each calculation of
the affected sourcewide emissions for each monthly compliance period
and all data, calculations, test results, and other supporting
information used to determine this value.
The monitoring, recordkeeping, and reporting burden in the fifth
year after the effective date of the promulgated rule is estimated to
be 32,000 labor hours at a cost of $1.50 million for new and existing
sources.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Under the Paperwork Reduction Act, EPA must consider the paperwork
burden imposed by any information collection request in a proposed or
final rule. The proposed standards will not impose any new information
collection requirements beyond those specified in the ICR document.
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested
methods for minimizing respondent burden, including through the use of
automated collection techniques. By U.S. Postal Service, send comments
on the ICR to the Director, Collection Strategies Division; U.S.
Environmental Protection Agency (2822); 1200 Pennsylvania Ave., NW,
Washington, DC 20460 (or by courier, send comments on the ICR to the
Director, Collection Strategies Division; U.S. Environmental Protection
Agency (2822); 401 M Street, SW, Room 925H, West Tower; Washington, DC)
and to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th St., NW., Washington, DC 20503, marked
``Attention: Desk Officer for EPA.'' Include the ICR number in any
correspondence. Since OMB is required to make a decision concerning the
ICR between 30 and 60 days after December 22, 2000, a comment to OMB is
best assured of having its full effect if OMB receives it by January
22, 2001. The final rule will respond to any OMB or public comments on
the information collection requirements contained in this proposal.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law No. 104-113, section 12(d) (15 U.S.C.
272 note), directs EPA to use voluntary consensus standards (VCS) in
their regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. The VCS are
technical standards (e.g., materials specifications, test methods,
sampling procedures, business practices) developed or adopted by one or
more voluntary consensus bodies. The NTTAA directs EPA to provide
Congress, through annual reports to the OMB, with
[[Page 81149]]
explanations when an agency does not use available and applicable VCS.
This proposed rulemaking involves technical standards. The EPA
proposes in this rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G,
3, 3A, 3B, 4, 24, 25, 25A, 204, 204A-F, 311, and 316. Consistent with
the NTTAA, EPA conducted searches to identify VCS in addition to these
EPA methods. No applicable VCS were identified for EPA Methods 1A, 2A,
2D, 2F, 2G, 204, 204A-F, and 316. The search and review results have
been documented and are placed in the docket for this proposed rule.
Two VCS were identified for determining the volume of coating
solids (nonvolatiles), and EPA proposes to use them in this rule. The
standards are ASTM D2697-86 (Reapproved 1998), ``Standard Test Method
for Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' and
ASTM D6093-97, ``Standard Test Method for Percent Volume Nonvolatile
Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer.''
These standards fill a void in EPA Method 24 which directs that the
volume fraction of coating solids be calculated from the coating
manufacturer's formulation. The proposed rule does allow for the use of
the volume fraction of coating solids calculated from the coating
manufacturer's formulation, however, test results will take precedence
if they do not agree with calculated values.
Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93 are already
incorporated by reference in EPA Method 24. In addition, we are
separately specifying the use of ASTM D1475-90 for measuring the
density of individual coating components, such as organic solvents.
Five VCS: ASTM D1979-91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93,
and ASTM PS 9-94 are incorporated by reference in EPA Method 311.
In addition to the VCS EPA proposes to use in this rule, the search
for emission measurement procedures identified 17 other VCS. The EPA
determined that 11 of these 17 standards were impractical alternatives
to EPA test methods for the purposes of this proposed rulemaking.
Therefore, EPA does not propose to adopt these standards today. The
reason for this determination for the 11 methods are discussed below.
The standard ISO 10780:1994, ``Stationary Source Emissions--
Measurement of Velocity and Volume Flowrate of Gas Streams in Ducts,''
is impractical as an alternative to EPA Method 2 in this proposed
rulemaking. This standard, ISO 10780:1994, recommends the use of L-
shaped pitots, which historically have not been recommended by EPA
because the S type design has large openings which are less likely to
plug up with dust.
The standard ASTM D3464-96, ``Standard Test Method Average Velocity
in a Duct Using a Thermal Anemometer,'' is impractical as an
alternative to EPA Method 2 for the purposes of this proposed
rulemaking primarily because applicability specifications are not
clearly defined, e.g., range of gas composition, temperature limits.
Also, the lack of supporting quality assurance data for the calibration
procedures and specifications, and certain variability issues that are
not adequately addressed by the standard limit EPA's ability to make a
definitive comparison of the method in these areas.
The standard EN 12619:1999, ``Stationary Source Emissions--
Determination of the Mass Concentration of Total Gaseous Organic Carbon
at Low Concentrations in Flue Gases--Continuous Flame Ionization
Detector Method,'' is an impractical alternative to EPA Method 25A for
the purposes of this proposed rulemaking. This standard is impractical
because it does not measure solvent process vapors in concentrations
greater than 40 parts per million (ppm) carbon. A method whose upper
limit is 40 ppm carbon has a measurement range too limited to be useful
in measuring source emissions.
Five of the 11 voluntary consensus standards are impractical
alternatives to EPA test methods for the purposes of this proposed
rulemaking because they are too general, too broad, or not sufficiently
detailed to assure compliance with EPA regulatory requirements: ASME
C00031 or PTC 19-10-1981--Part 10, ``Flue and Exhaust Gas Analyses,''
for EPA Method 3; ASTM 3796-90 (Reapproved 1996), ``Standard Practice
for Calibration of Type S Pitot Tubes,'' for EPA Method 2; ASTM D3271-
87, ``Standard Practice for Direct Injection of Solvent-Reducible
Paints into a Gas Chromatograph for Solvent Analysis,'' for EPA Method
311; ASTM E337-84 (Reapproved 1996), ``Standard Test Method for
Measuring Humidity with a Psychrometer (the Measurement of Wet- and
Dry-Bulb Temperatures),'' for EPA Method 4; and CAN/CSA Z223.2--
M86(1986), ``Method for the Continuous Measurement of Oxygen, Carbon
Dioxide, Carbon Monoxide, Sulphur Dioxide, and Oxides of Nitrogen in
Enclosed Combustion Flue Gas Streams,'' for EPA Method 3A.
Three of the 11 VCS are impractical alternatives to EPA test
methods for the purposes of this proposed rulemaking because they
lacked sufficient quality assurance and quality control requirements
necessary for EPA compliance assurance requirements: ASTM D3154-91,
``Standard Method for Average Velocity in a Duct (Pitot Tube Method),''
for EPA Methods 1, 2, 2C, 3, 3B, and 4; ASTM D5835-95, ``Standard
Practice for Sampling Stationary Source Emissions for Automated
Determination of Gas Concentration,'' for EPA Method 3A; and ISO
10396:1993, ``Stationary Source Emissions: Sampling for the Automated
Determination of Gas Concentrations,'' for EPA Method 3A.
The following six of the 17 VCS identified in this search were not
available at the time the review was conducted for the purposes of this
proposed rulemaking because they are under development by a voluntary
consensus body: ASME/BSR MFC 12M, ``Flow in Closed Conduits Using
Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2; ASME/
BSR MFC 13M, ``Flow Measurement by Velocity Traverse,'' for EPA Method
1 (and possibly 2); ISO/DIS 11890-1 Part 1, ``Paints and Varnishes--
Determination of Volatile Organic Compound (VOC) Content--Difference
Method,'' for EPA Method 24; ISO/DIS 11890-2 Part 2, ``Paints and
Varnishes--Determination of Volatile Organic Compound (VOC) Content--
Gas Chromatographic Method,'' for EPA Method 24; ISO/DIS 12039,
``Stationary Source Emissions--Determination of Carbon Monoxide, Carbon
Dioxide, and Oxygen--Automated Methods,'' for EPA Method 3A; and ISO/
FDIS 14965, ``Air Quality--Determination of Total Nonmethane Organic
Compounds--Cryogenic Preconcentration and Direct Flame Ionization
Method,'' for EPA Method 25A and parts of Method 25. While we are not
proposing to include these six VCS in today's proposal, EPA will
consider the standards when final.
The EPA takes comment on compliance demonstration requirements
proposed in this rulemaking and specifically invites the public to
identify potentially applicable VCS. Commenters should also explain why
this proposed rule should adopt these VCS in lieu of or in addition to
EPA's standards. Emission test methods and performance specifications
submitted for evaluation should be accompanied with a basis for the
recommendation, including method validation data and the procedure used
to validate the candidate method (if a method other than Method 301, 40
CFR part 63, appendix A, was used).
[[Page 81150]]
Sections 63.4901, 63.3911, 63.4921, and Table 3 to subpart NNNN of
the proposed standards list EPA testing methods included in the
proposed rule. Under Sec. 63.8 of subpart A of the General Provisions,
a source may apply to EPA for permission to use alternative monitoring
in place of any of the EPA testing methods.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: December 8, 2000.
Carol M. Browner,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 63 is amended by adding subpart NNNN to read as follows:
Subpart NNNN--National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Large Appliances
Sec.
What this Subpart Covers
63.4080 What is the purpose of this subpart?
63.4081 Am I subject to this subpart?
63.4082 What parts of my plant does this subpart cover?
63.4083 When do I have to comply with this subpart?
Emission Limitations
63.4090 What emission limits must I meet?
63.4091 What are my options for meeting the emission limits?
63.4092 What operating limits must I meet?
63.4093 What work practice standards must I meet?
General Compliance Requirements
63.4100 What are my general requirements for complying with this
subpart?
63.4101 What parts of the General Provisions apply to me?
Notifications, Reports, and Records
63.4110 What notifications must I submit?
63.4120 What reports must I submit?
63.4130 What records must I keep?
63.4131 In what form and for how long must I keep my records?
Compliance Requirements for the Compliant Material Option
63.4140 By what date must I conduct the initial compliance
demonstration?
63.4141 How do I demonstrate initial compliance with the emission
limitations?
63.4142 How do I demonstrate continuous compliance with the
emission limitations?
Compliance Requirements for the Emission Rate Without Add-On Controls
Option
63.4150 By what date must I conduct the initial compliance
demonstration?
63.4151 How do I demonstrate initial compliance with the emission
limitations?
63.4152 How do I demonstrate continuous compliance with the
emission limitations?
Compliance Requirements for the Emission Rate With Add-On Controls
Option
63.4160 By what date must I conduct performance tests and other
initial compliance demonstrations?
63.4161 How do I demonstrate initial compliance?
63.4162 How do I determine the organic HAP emission rate for a
controlled coating operation not using a material balance if I
operate it under different sets of representative operating
conditions?
63.4163 How do I demonstrate continuous compliance with the
emission limitations?
63.4164 What are the general requirements for performance tests?
63.4165 How do I determine the emission capture system efficiency?
63.4166 How do I determine the add-on control device emission
destruction or removal efficiency?
63.4167 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
63.4168 What are the requirements for continuous monitoring system
(CMS) installation, operation, and maintenance?
Other Requirements and Information
63.4180 Who implements and enforces this subpart?
63.4181 What definitions apply to this subpart?
Tables
Table 1 to Subpart NNNN. Operating Limits if Using the Emission Rate
with Add-on Controls Option
Table 2 to Subpart NNNN. Applicability of General Provisions to
Subpart NNNN
Table 3 to Subpart NNNN. Organic HAP Content of Solvents and Solvent
Blends
Table 4 to Subpart NNNN. Organic HAP Content of Petroleum Solvent
Groups
What this Subpart Covers
Sec. 63.4080 What is the purpose of this subpart?
This subpart establishes national emission standards for hazardous
air pollutants for large appliance surface coating facilities. This
subpart also establishes requirements to demonstrate initial and
continuous compliance with the emission limitations.
Sec. 63.4081 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate a
facility that applies coatings to large appliances and is a major
source, is located at a major source, or is part of a major source of
emissions of hazardous air pollutants (HAP), except as provided in
paragraphs (a)(1)(i) and (ii) of this section.
(1) The large appliance surface coating source category includes
any facility engaged in the surface coating of any large appliance part
or product. Large appliance parts and products include, but are not
limited to, heating and air conditioning units and parts, chillers,
household refrigerators and home and farm freezers, household laundry
equipment, household cooking equipment, dishwashers, floor waxers and
polishers, garbage disposal units, trash compactors, and water heaters.
(i) The surface coating of small items such as metal or plastic
handles, hinges, or fasteners that have a wider use beyond large
appliances are not subject to this subpart if the surface coating
occurs at a facility that does not apply coatings to other large
appliance items.
(ii) The surface coating of large appliances conducted for the
purpose of repairing or maintaining large appliances used by a facility
and not for commerce is not subject to this subpart, unless organic HAP
emissions from the surface coating itself are as high as the rates
specified in paragraph (a)(4) of this section.
(2) The large appliance surface coating activities and equipment to
which this subpart applies are listed in paragraphs (a)(2)(i) through
(viii) of this section:
(i) Surface preparation of the large appliance parts and products;
(ii) Preparation of a coating for application (e.g., mixing in
thinners and other components);
(iii) Application of a coating to large appliance parts and
products using, for example, spray guns or dip tanks;
(iv) Flash-off, drying, or curing following the coating application
operation;
(v) Cleaning of equipment used in coating operations (e.g.,
application equipment, hangers, racks);
(vi) Storage of coatings, thinners, and cleaning materials;
(vii) Conveying of coatings, thinners, and cleaning materials from
storage areas to mixing areas or coating application areas, either
manually (e.g., in buckets) or by automated means (e.g.,
[[Page 81151]]
transfer through pipes using pumps); and
(viii) Handling and conveying of waste materials generated by
coating operations.
(3) This subpart does not apply to research or laboratory
facilities; janitorial, building, and facility maintenance operations;
or coating applications using hand-held nonrefillable aerosol
containers.
(4) A major source of HAP emissions is any stationary source or
group of stationary sources located within a contiguous area and under
common control that emits or has the potential to emit any single HAP
at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any
combination of HAP at a rate of 22.68 Mg (25 tons) or more per year.
(b) You are not subject to this subpart if your large appliance
surface coating facility is located at, or is part of, an area source
of HAP emissions. An area source of HAP emissions is any stationary
source or group of stationary sources located within a contiguous area
and under common control that is not a major source.
63.4082 What parts of my plant does this subpart cover?
(a) This subpart applies to each new, reconstructed, and existing
affected source.
(b) The affected source is the collection of all of the items
listed in paragraphs (b)(1) through (4) of this section that are part
of the large appliance surface coating facility:
(1) All coating operations as defined in Sec. 63.4181;
(2) All storage containers and mixing vessels in which organic-HAP-
containing coatings, thinners, and cleaning materials are stored or
mixed;
(3) All manual and automated equipment and containers used for
conveying organic-HAP-containing coatings, thinners, and cleaning
materials; and
(4) All storage containers and all manual and automated equipment
and containers used for conveying organic-HAP-containing waste
materials generated by a coating operation.
(c) An affected source is a new affected source if you commenced
its construction after December 22, 2000, and the construction is of a
completely new large appliance surface coating facility where
previously no large appliance surface coating facility had existed.
(d) An affected source is reconstructed if you meet the criteria as
defined in Sec. 63.2.
(e) An affected source is existing if it is not new or
reconstructed.
Sec. 63.4083 When do I have to comply with this subpart?
(a) If you have a new or reconstructed affected source, you must
meet the applicable date in paragraph (a)(1) or (2) of this section:
(1) If the startup of your new or reconstructed affected source is
before [the effective date of this subpart], you must comply with the
requirements for new and reconstructed sources no later than [the
effective date of this subpart].
(2) If the startup of your new or reconstructed affected source
occurs after [the effective date of this subpart], you must comply with
the requirements for new and reconstructed sources upon initial startup
of your affected source.
(b) If you have an existing affected source, you must comply with
the requirements for existing sources no later than [3 years after the
effective date of this subpart].
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP emissions,
you must meet the dates specified in paragraphs (c)(1) and (2) of this
section.
(1) For any portion of the area source that becomes a new or
reconstructed affected source, you must comply with the requirements
for new and reconstructed sources upon initial startup or no later than
[the effective date of this subpart], whichever is later.
(2) For any portion of the area source that becomes an existing
affected source, you must comply with the requirements for existing
sources no later than 1 year after the area source becomes a major
source or [3 years after the effective date of this subpart], whichever
is later.
(d) You must meet the notification requirements in Sec. 63.4110
according to the dates specified in that section and in subpart A of
this part. Some of the notifications must be submitted before the
compliance dates described in paragraphs (a) through (c) of this
section.
Emission Limitations
Sec. 63.4090 What emission limits must I meet?
(a) For an existing affected source, you must limit organic HAP
emissions to the atmosphere to no more than 0.13 kilogram per liter
(kg/liter) (1.1 pound per gallon (lb/gal) of coating solids used during
each compliance period.
(b) For a new or reconstructed affected source, you must limit
organic HAP emissions to the atmosphere to no more than 0.022 kg/liter
(0.18 lb/gal) of coating solids used during each compliance period.
Sec. 63.4091 What are my options for meeting the emission limits?
To meet the emission limits in Sec. 63.4090, you must use at least
one of the three compliance options listed in paragraphs (a) through
(c) of this section. You may apply any of the compliance options to an
individual coating operation or to multiple coating operations as a
group or to the entire affected source. You may use different
compliance options for different coating operations or at different
times on the same coating operation. However, you may not use different
compliance options at the same time on the same coating operation. If
you switch between compliance options for any coating operation or
group of coating operations, you must document this switch as required
by Sec. 63.4130(c), and you must report it in the next semiannual
compliance report required in Sec. 63.4120.
(a) Compliant material option. Demonstrate that the organic HAP
content of each coating used in the coating operation(s) is less than
or equal to the applicable emission limit in Sec. 63.4090 and that each
thinner and each cleaning material used contains no organic HAP. You
must meet all the requirements of Secs. 63.4140, 63.4141, and 63.4142
to demonstrate compliance with the emission limit using this option.
(b) Emission rate without add-on controls option. Demonstrate that,
based on data on the coatings, thinners, and cleaning materials used in
the coating operation(s), the organic HAP emission rate for the coating
operation(s) is less than or equal to the applicable emission limit in
Sec. 63.4090. You must meet all the requirements of Secs. 63.4150,
63.4151, and 63.4152 to demonstrate compliance with the emission limit
using this option.
(c) Emission rate with add-on controls option. Demonstrate that,
based on data on the coatings, thinners, and cleaning materials used in
the coating operation(s), and the emission capture and add-on control
efficiencies achieved, the organic HAP emission rate for the coating
operation(s) is less than or equal to the applicable emission limit in
Sec. 63.4090. If you use this compliance option, you must also
demonstrate that all capture systems and control devices for the
coating operation(s) meet the operating limits required in
Sec. 63.4092, except for solvent recovery systems for which you conduct
liquid-liquid material balances according to Sec. 63.4161(h); and that
you meet the work practice standards required in Sec. 63.4093. You must
meet all the requirements of Secs. 63.4160 through
[[Page 81152]]
63.4168 to demonstrate compliance with the emission limits, operating
limits, and work practice standards using this option.
Sec. 63.4092 What operating limits must I meet?
(a) For any coating operation(s) on which you use the compliant
material option or the emission rate without add-on controls option,
you are not required to meet any operating limits. For any controlled
coating operation(s) on which you use the emission rate with add-on
controls option, except those for which you use a solvent recovery
system and conduct a liquid-liquid material balance according to
Sec. 63.4161(h), you must meet the operating limits specified in Table
1 of this subpart. These operating limits apply to the emission capture
and control systems on the coating operation(s) for which you use this
option, and you must establish the operating limits during the
performance test according to the procedures in Sec. 63.4167. You must
meet the operating limits at all times after you establish them.
(b) If you use a control device other than those listed in Table 1
of this subpart, or wish to monitor an alternative parameter and comply
with a different operating limit, you must apply to the Administrator
for approval of alternative monitoring under Sec. 63.8(f).
Sec. 63.4093 What work practice standards must I meet?
For any coating operation(s) on which you use the compliant
material option or the emission rate without add-on controls option,
you are not required to meet any work practice standards. If you use
the emission rate with add-on controls option, you must develop and
implement a work practice plan to minimize organic HAP emissions from
the storage, mixing, and conveying of coatings, thinners, and cleaning
materials used in, and waste materials generated by, the controlled
coating operation(s) for which you use this option; or you must meet an
alternative standard as provided in paragraph (e) of this section. The
plan must address at a minimum the elements specified in paragraphs (a)
through (d) of this section.
(a) All organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be stored in closed containers.
(b) Spills of organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be minimized.
(c) Organic-HAP-containing coatings, thinners, cleaning materials,
and waste materials must be conveyed from one location to another in
closed containers or pipes.
(d) Mixing vessels used for organic-HAP-containing coatings and
other materials must be closed except when adding to, removing, or
mixing the contents.
(e) As provided in Sec. 63.6(g), we, EPA, may choose to grant you
permission to use an alternative to the work practice standards in this
section.
General Compliance Requirements
Sec. 63.4100 What are my general requirements for complying with this
subpart?
(a) You must be in compliance with the emission limitations in this
subpart as specified in paragraphs (a)(1) and (2) of this section.
(1) Any coating operation(s) for which you use the compliant
material option or the emission rate without add-on controls option, as
specified in Sec. 63.4091(a) and (b), must be in compliance with the
applicable emission limit in Sec. 63.4090 at all times.
(2) Any coating operation(s) for which you use the emission rate
with add-on controls option, as specified in Sec. 63.4091(c), must be
in compliance with the applicable emission limit in Sec. 63.4090 at all
times except during periods of startup, shutdown, and malfunction. Each
controlled coating operation must be in compliance with the operating
limits for emission capture systems and add-on control devices required
by Sec. 63.4092 at all times, except during periods of startup,
shutdown, and malfunction, and except for solvent recovery systems for
which you conduct liquid-liquid material balances according to
Sec. 63.4161(h). Each controlled coating operation must be in
compliance with the work practice standards in Sec. 63.4093 at all
times.
(b) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec. 63.6(e)(1)(i).
(c) If your affected source uses an emission capture system and
add-on control device, you must maintain a log detailing the operation
and maintenance of the emission capture system, add-on control device,
and continuous parameter monitors during the period between the
compliance date specified for your affected source in Sec. 63.4083 and
the date when the initial emission capture system and add-on control
device performance tests have been completed, as specified in
Sec. 63.4160. This requirement does not apply to a solvent recovery
system for which you conduct a liquid-liquid material balance according
to Sec. 63.4161(h).
(d) If your affected source uses an emission capture system and
add-on control device, you must develop and implement a written
startup, shutdown, and malfunction plan according to the provisions in
Sec. 63.6(e)(3). The plan must address the startup, shutdown, and
corrective actions in the event of a malfunction of the emission
capture system or the add-on control device. The plan must also address
any coating operation equipment that may cause increased emissions or
that would affect capture efficiency if the process equipment
malfunctions, such as conveyors that move parts among enclosures.
Sec. 63.4101 What parts of the General Provisions apply to me?
Table 2 of this subpart shows which parts of the General Provisions
in Secs. 63.1 through 63.15 apply to you.
Notifications, Reports, and Records
Sec. 63.4110 What notifications must I submit?
(a) You must submit the notifications in Secs. 63.7(b) and (c),
63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by the
dates specified in those sections, except as provided in paragraphs
(a)(1) and (2) of this section.
(1) You must submit the Initial Notification required by
Sec. 63.9(b) for an existing affected source no later than [1 year
after the effective date of this subpart]. For a new or reconstructed
affected source, you must submit the Initial Notification no later than
120 days after initial startup or [120 days after the effective date of
this subpart], whichever is later.
(2) You must submit the Notification of Compliance Status required
by Sec. 63.9(h) no later than 30 calendar days following the end of the
initial compliance period described in Sec. 63.4140, Sec. 63.4150, or
Sec. 63.4160 that applies to your affected source.
(b) The Notification of Compliance Status must contain the
information specified in paragraphs (b)(1) through (9) of this section
and in Sec. 63.9(h).
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of the report and beginning and ending dates of the
reporting period. The reporting period is the initial compliance period
described in Sec. 63.4140, Sec. 63.4150, or Sec. 63.4160 that applies
to your affected source.
[[Page 81153]]
(4) Identification of the compliance option or options specified in
Sec. 63.4091 that you used on each coating operation during the initial
compliance period.
(5) Statement of whether or not the affected source achieved the
emission limitations for the initial compliance period.
(6) If you had a deviation, include the information in paragraphs
(b)(6)(i) and (ii) of this section.
(i) A description of and statement of the cause of the deviation.
(ii) If you failed to meet the applicable emission limit in
Sec. 63.4090, include all the calculations you used to determine the kg
organic HAP per liter coating solids. You do not need to submit
information provided by the materials suppliers or manufacturers or
test reports.
(7) For each of the data items listed in paragraphs (b)(7)(i)
through (iv) of this section that is required by the compliance
option(s) you used to demonstrate compliance with the emission limit,
include an example of how you determined the value, including
calculations and supporting data. Supporting data can include a copy of
the information provided by the supplier or manufacturer of the example
coating or material or a summary of the results of testing conducted
according to Sec. 63.4141(a), (b), or (c). You do not need to submit
copies of any test reports.
(i) Mass fraction of organic HAP for one coating, for one thinner,
and for one cleaning material.
(ii) Volume fraction of coating solids for one coating.
(iii) Density for one coating, one thinner, and one cleaning
material, except that if you use the compliant material option, only
the example coating density is required.
(iv) The information specified in Sec. 63.4151(e)(4) for any waste
materials sent to a treatment, storage, and disposal facility (TSDF),
if you are claiming an allowance for organic HAP contained in those
waste materials in Equation 1 of Sec. 63.4151.
(8) The calculation of kg organic HAP per liter coating solids for
the compliance option(s) you use, as specified in paragraphs (b)(8)(i)
through (iii) of this section.
(i) For the compliant material option, provide an example
calculation of the organic HAP content (Hc) for one coating,
using Equation 2 of Sec. 63.4141.
(ii) For the emission rate without add-on controls option, provide
the calculation of the total mass of organic HAP emissions
(He); the calculation of the total volume of coating solids
(Vst); and the calculation of the organic HAP emission rate
(Havg), using Equations 1, 2, and 3, respectively, of
Sec. 63.4151.
(iii) For the emission rate with add-on controls option, provide
the calculation of the total mass of organic HAP emissions
(He) in the coatings, thinners, and cleaning materials used
in the coating operation(s), using Equation 1 of Sec. 63.4151; and the
calculation of the organic HAP emission rate (HHAP), using
either Equation 4 of Sec. 63.4161 or Equation 1 of Sec. 63.4162, as
applicable.
(9) For the emission rate with add-on controls option, you must
include the information specified in paragraphs (b)(9)(i) through (iv)
of this section.
(i) For each emission capture system, a summary of the data and
copies of the calculations supporting the determination that the
emission capture system is a permanent total enclosure (PTE) or a
measurement of the emission capture system efficiency. Include a
description of the protocol followed for measuring capture efficiency,
summaries of any capture efficiency tests conducted, and any
calculations supporting the capture efficiency determination. If you
use the data quality objective (DQO) or lower confidence limit (LCL)
approach, you must also include the statistical calculations to show
you meet the DQO or LCL criteria in appendix A to subpart KK of this
part. You do not need to submit complete test reports.
(ii) A summary of the results of each add-on control device
performance test. You do not need to submit complete test reports.
(iii) A list of each emission capture system's and add-on control
device's operating limits and a summary of the data used to calculate
those limits.
(iv) A statement of whether or not you developed and implemented
the work practice plan required by Sec. 63.4093.
Sec. 63.4120 What reports must I submit?
You must submit semiannual compliance reports according to the
requirements of this section. The reporting requirements of this
section may be satisfied by reports required under other parts of the
Clean Air Act (CAA or Act), as specified in paragraph (a)(5) of this
section.
(a) Unless the Administrator has approved a different schedule for
submission of reports under Sec. 63.10(a), you must prepare and submit
each semiannual compliance report according to the dates specified in
paragraphs (a)(1) through (4) of this section.
(1) The first report must cover the first semiannual reporting
period which begins the day after the end of the initial compliance
period described in Sec. 63.4140, Sec. 63.4150, or Sec. 63.4160 that
applies to your affected source and ends on June 30 or December 31,
whichever date is the first date following the end of the initial
compliance period.
(2) Each subsequent semiannual compliance report must cover the
subsequent semiannual reporting period from January 1 through June 30
or the semiannual reporting period from July 1 through December 31.
(3) Each semiannual compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(4) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 71, and if the permitting
authority has established dates for submitting semiannual reports
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you
may submit the first and subsequent compliance reports according to the
dates the permitting authority has established instead of according to
the date specified in paragraph (a)(3) of this section.
(5) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 71 must report all deviations as
defined in this subpart in the semiannual monitoring report required by
40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected
source submits a compliance report pursuant to this section along with,
or as part of, the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance
report includes all required information concerning deviations from any
emission limitation in this subpart, submission of the compliance
report shall be deemed to satisfy any obligation to report the same
deviations in the semiannual monitoring report. However, submission of
a compliance report shall not otherwise affect any obligation the
affected source may have to report deviations from permit requirements
to the permit authority.
(b) The semiannual compliance report must contain the information
specified in paragraphs (b)(1) through (4) of this section, and the
information specified in paragraphs (c) through (j) of this section
that is applicable to your affected source.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
[[Page 81154]]
(3) Date of report and beginning and ending dates of the reporting
period. The reporting period is the 6-month period ending on June 30 or
December 31.
(4) Identification of the compliance option or options specified in
Sec. 63.4091 that you used on each coating operation during the
reporting period. If you switched between compliance options during the
reporting period, you must report the beginning and ending dates you
used each option.
(c) If there were no deviations from the emission limitations in
Secs. 63.4090, 63.4092, and 63.4093 that apply to you, the semiannual
compliance report must include a statement that there were no
deviations from the emission limitations during the reporting period.
(d) If you use the compliant material option, and there was a
deviation from the applicable emission limit in Sec. 63.4090, the
semiannual compliance report must contain the information in paragraphs
(d)(1) through (4) of this section.
(1) Identification of each coating used that deviated from the
emission limit, and each thinner and cleaning material used that
contained organic HAP, and the dates and time periods each was used.
(2) The calculation of the organic HAP content (Hc,
using Equation 2 of Sec. 63.4141) for each coating identified in
paragraph (d)(1) of this section. You do not need to submit background
data supporting this calculation, for example, information provided by
coating suppliers or manufacturers, or test reports.
(3) The determination of mass fraction of organic HAP for each
thinner and cleaning material identified in paragraph (d)(1) of this
section. You do not need to submit background data supporting this
calculation, for example, information provided by material suppliers or
manufacturers, or test reports.
(4) A statement of the cause of each deviation.
(e) If you use the emission rate without add-on controls option,
and there was a deviation from the applicable emission limit in
Sec. 63.4090, the semiannual compliance report must contain the
information in paragraphs (e)(1) through (3) of this section.
(1) The beginning and ending dates of each compliance period during
which the organic HAP emission rate exceeded the emission limit.
(2) The calculations used to determine the organic HAP emission
rate for the compliance period in which the deviation occurred. You
must submit the calculations for Equations 1, 1A through C, 2, and 3 in
Sec. 63.4151; and the calculation used to determine Rw
according to Sec. 63.4151(e)(4). You do not need to submit background
data supporting these calculations, for example, information provided
by materials suppliers or manufacturers, or test reports.
(3) A statement of the cause of each deviation.
(f) If you use the emission rate with add-on controls option and
there were no periods during which the continuous parameter monitoring
systems were out-of-control as specified in Sec. 63.8(c)(7), the
semiannual compliance report must include a statement that there were
no periods during which the continuous parameter monitoring systems
were out-of-control during the reporting period.
(g) If you use the emission rate with add-on controls option, and
there was a deviation from an emission limitation (including any
periods when emissions bypassed the add-on control device and were
diverted to the atmosphere), the semiannual compliance report must
contain the information in paragraphs (g)(1) through (14) of this
section. This includes periods of startup, shutdown, and malfunction
during which deviations occurred.
(1) The beginning and ending dates of each compliance period during
which the organic HAP emission rate exceeded the applicable emission
limit in Sec. 63.4090.
(2) The calculations used to determine the organic HAP emission
rate for each compliance period in which a deviation occurred. You must
submit the calculations that apply to you, including Equations 1, 1A
through C, and 2 of Sec. 63.4151; Equations 1, 1A through C, 2, and 3
of Sec. 63.4161; and either Equation 4 of Sec. 63.4161 or Equation 1 of
Sec. 63.4162, as applicable. You do not need to submit the background
data supporting these calculations, for example information provided by
materials suppliers or manufacturers, or test reports.
(3) The date and time that each malfunction started and stopped.
(4) A brief description of the continuous parameter monitoring
system.
(5) The date of the latest continuous parameter monitoring system
certification or audit.
(6) The date and time that each continuous parameter monitoring
system was inoperative, except for zero (low-level) and high-level
checks.
(7) The date, time, and duration that each continuous parameter
monitoring system was out-of-control, including the information in
Sec. 63.8(c)(8).
(8) The date and time that each deviation from an operating limit
in Table 1 of this subpart; date and duration of any bypass of the add-
on control device; and whether each deviation occurred during a period
of startup, shutdown, or malfunction or during another period.
(9) A summary of the total duration of each deviation from an
operating limit in Table 1 of this subpart and bypass of the add-on
control device during the semiannual reporting period and the total
duration as a percent of the total source operating time during that
semiannual reporting period.
(10) A breakdown of the total duration of the deviations from the
operating limits in Table 1 of this subpart and bypasses of the add-on
control device during the semiannual reporting period into those that
were due to startup, shutdown, control equipment problems, process
problems, other known causes, and other unknown causes.
(11) A summary of the total duration of continuous parameter
monitoring system downtime during the semiannual reporting period and
the total duration of continuous parameter monitoring system downtime
as a percent of the total source operating time during that semiannual
reporting period.
(12) A description of any changes in the continuous parameter
monitoring system, coating operation, emission capture system, or add-
on control device since the last semiannual reporting period.
(13) For each deviation from the work practice standards, a
description of the deviation; the date, time, and duration of the
deviation; and the actions you took to correct the deviation.
(14) A statement of the cause of each deviation.
(h) If you use the emission rate with add-on controls option, you
must submit reports of performance test results for emission capture
systems and add-on control devices no later than 60 days after
completing the tests as specified in Sec. 63.10(d)(2).
(i) [Reserved]
(j) If you use the emission rate with add-on controls option and
you have a startup, shutdown, or malfunction during the semiannual
reporting period, you must submit the reports specified in paragraphs
(j)(1) and (2) of this section.
(1) If your actions were consistent with your startup, shutdown,
and malfunction plan, you must include the information specified in
Sec. 63.10(d) in the semiannual compliance report.
(2) If your actions were not consistent with your startup,
shutdown, and malfunction plan, you must submit an
[[Page 81155]]
immediate startup, shut down, and malfunction report as described in
paragraph (j)(2)(i) and (ii) of this section.
(i) You must describe the actions taken during the event in a
report delivered by facsimile or by telephone to the Administrator
within 2 working days after starting actions that are inconsistent with
the plan.
(ii) You must submit a letter to the Administrator within 7 working
days after the end of the event, unless you have made alternative
arrangements with the Administrator as specified in
Sec. 63.10(d)(5)(ii). The letter must contain the information specified
in Sec. 63.10(d)(5)(ii).
Sec. 63.4130 What records must I keep?
You must collect and keep a record of the data and information
specified in this section. Failure to collect and keep these records is
a deviation from the applicable standard.
(a) A copy of each notification and report that you submitted to
comply with this subpart, and the documentation supporting each
notification and report.
(b) A current copy of information provided by materials suppliers
or manufacturers, such as manufacturer's formulation data or test data
used to determine the mass fraction of organic HAP and density for
coatings, thinners, and cleaning materials and the volume fraction of
coating solids. If you conducted testing to determine mass fraction of
organic HAP, density, or volume fraction of coating solids, you must
keep a copy of the complete test report. If you use information
provided to you by the manufacturer or supplier of the material that
was based on testing, you must keep the summary sheet of results
provided to you by the manufacturer or supplier. You are not required
to obtain the test report or other supporting documentation from the
manufacturer or supplier.
(c) For each compliance period, a record of the time periods
(beginning and ending dates) and the coating operations at which each
compliance option was used, and a record of all calculations of kg
organic HAP per liter of coating solids for the compliance option(s)
you used, as specified in paragraphs (c)(1) through (3) of this
section.
(1) For the compliant material option, the calculation of the
organic HAP content (Hc) for each coating, using Equation 2
of Sec. 63.4141.
(2) For the emission rate without add-on controls option, the
calculation of the total mass of organic HAP emissions (He),
the calculation of the total volume of coating solids (Vst),
and the calculation of the organic HAP emission rate (Havg),
using Equations 1, 2, and 3, respectively, of Sec. 63.4151.
(3) For the emission rate with add-on controls option, the
calculation of the total mass of organic HAP emissions (He)
in the coatings, thinners, and cleaning materials used, using Equation
1 of Sec. 63.4151; the calculation of the mass of organic HAP emissions
reduced by emission capture systems and add-on control devices
(HC and HCSR), using Equations 1 and 3,
respectively, of Sec. 63.4161; and the calculation of the organic HAP
emission rate (HHAP), using either Equation 4 of
Sec. 63.4161 or Equation 1 of Sec. 63.4162, as applicable.
(d) A record of the name and volume of each coating, thinner, and
cleaning material used during each compliance period.
(e) A record of the mass fraction of organic HAP for each coating,
thinner, and cleaning material used during each compliance period.
(f) A record of the volume fraction of coating solids for each
coating used during each compliance period.
(g) A record of the density for each coating used during each
compliance period; and, if you use either the emission rate without
add-on controls or the emission rate with add-on controls compliance
option, the density for each thinner and cleaning material used during
each compliance period.
(h) If you are claiming an allowance for organic HAP in waste
materials sent to a TSDF according to Sec. 63.4151(e)(4), you must keep
records of the mass of organic HAP in the waste materials sent to a
TSDF during each compliance period with supporting calculations and
documentation, including the waste manifest for each shipment and any
additional documentation that provides the information in paragraphs
(h)(1) through (5) of this section.
(1) The date of the shipment and the TSDF to which the waste was
shipped;
(2) A brief description of the waste, including the operations
producing the waste;
(3) The amount of waste in the shipment;
(4) The kg organic HAP contained in the shipment, including
calculations of the HAP content; and
(5) Any information used to calculate the kg organic HAP contained
in the shipment that is not shown on the waste manifest.
(i) [Reserved]
(j) You must keep records of the date, time, and duration of each
deviation.
(k) If you use the emission rate with add-on controls option, you
must keep the records specified in paragraphs (k)(1) through (9) of
this section.
(1) For each deviation, a record of whether the deviation occurred
during a period of startup, shutdown, or malfunction.
(2) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(3) The records required to show continuous compliance with each
operating limit specified in Table 1 of this subpart that applies to
you.
(4) If you operate under multiple operating conditions that affect
emission capture system efficiency or add-on control device organic HAP
destruction or removal efficiency, and you are using different emission
capture system efficiency or add-on control device organic HAP
destruction or removal efficiency factors for each condition, then you
must keep records of the data needed to calculate the organic HAP
emission rate for each compliance period, as described by Equation 1 in
Sec. 63.4162.
(5) For each capture system that is a PTE, the data and
documentation needed to support a determination that the capture system
meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a
PTE and has a capture efficiency of 100 percent, as specified in
Sec. 63.4165(a).
(6) For each capture system that is not a PTE, the data and
documentation needed to determine capture efficiency according to the
procedures specified in Secs. 63.4164 and 63.4165(b), (c), or (d)
including the records specified in paragraphs (k)(6)(i) through (iii)
of this section that apply to you.
(i) Records for a liquid-to-fugitive protocol using a temporary
total enclosure or building enclosure. Records of the mass of total
volatile hydrocarbon (TVH) as measured by Method 204A or F of appendix
M to 40 CFR part 51 for each material used in the coating operation,
and the total TVH for all materials used during each capture efficiency
test run, including a copy of the test report. Records of the mass of
TVH emissions not captured by the capture system that exited the
temporary total enclosure or building enclosure during each capture
efficiency test run, as measured by Method 204D or E of appendix M to
40 CFR part 51, including a copy of the test report. Records
documenting that the enclosure used for the capture efficiency test met
the criteria in Method 204 of appendix M to 40 CFR part 51 for either a
temporary total enclosure or a building enclosure.
(ii) Records for a gas-to-gas protocol using a temporary total
enclosure or a building enclosure. Records of the mass of TVH emissions
captured by the
[[Page 81156]]
emission capture system as measured by Method 204B or C of appendix M
to 40 CFR part 51 at the inlet to the add-on control device, including
a copy of the test report. Records of the mass of TVH emissions not
captured by the capture system that exited the temporary total
enclosure or building enclosure during each capture efficiency test
run, as measured by Method 204D or E of appendix M to 40 CFR part 51,
including a copy of the test report. Records documenting that the
enclosure used for the capture efficiency test met the criteria in
Method 204 of appendix M to 40 CFR part 51 for either a temporary total
enclosure or a building enclosure.
(iii) Records for an alternative protocol. Records needed to
document a capture efficiency determination using an alternative method
or protocol as specified in Sec. 63.4165(e), if applicable.
(7) The records specified in paragraphs (k)(7)(i) and (ii) of this
section for each add-on control device organic HAP destruction or
removal efficiency determination as specified in Sec. 63.4166.
(i) Records of each add-on control device performance test
conducted according to Secs. 63.4164 and 63.4166.
(ii) Records of the coating operation conditions during the add-on
control device performance test needed to document that the performance
test was conducted under representative operating conditions.
(8) Records of the data and calculations needed to establish the
emission capture and add-on control device operating limits as
specified in Sec. 63.4167 and to document compliance with the operating
limits as specified in Table 1 of this subpart.
(9) A record of the work practice plan required by Sec. 63.4093,
and documentation that you are implementing the plan on a continuous
basis.
Sec. 63.4131 In what form and for how long must I keep my records?
(a) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1). Where
appropriate, the records may be maintained as electronic spreadsheets
or as a database.
(b) As specified in Sec. 63.10(b)(1), you must keep each record for
5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
(c) You must keep each record on site for at least 2 years after
the date of each occurrence, measurement, maintenance, corrective
action, report, or record, according to Sec. 63.10(b)(1). You can keep
the records off site for the remaining 3 years.
Compliance Requirements for the Compliant Material Option
Sec. 63.4140 By what date must I conduct the initial compliance
demonstration?
You must complete the compliance demonstration for the initial
compliance period according to the requirements in Sec. 63.4141. The
initial compliance period begins on the applicable compliance date
specified in Sec. 63.4083 and ends on the last day of the first full
calendar month after the compliance date. The initial compliance
demonstration includes the calculations showing that you used no
coating with an organic HAP content that exceeded the applicable limit
in Sec. 63.4090, and documentation that you used no thinners or
cleaning materials that contained organic HAP as determined by the
procedures listed in Sec. 63.4141(a) during the compliance period.
Sec. 63.4141 How do I demonstrate initial compliance with the emission
limitations?
You may use the compliant material option for any individual
coating operation, for any group of coating operations in the affected
source, or for all the coating operations in the affected source. You
must use either the emission rate without add-on controls option or the
emission rate with add-on controls option for any coating operation(s)
in the affected source for which you do not use this option. To
demonstrate initial compliance using the compliant material option, the
coating operation or group of coating operations must use no coating
with an organic HAP content that exceeds the applicable emission limit
in Sec. 63.4090 and must use no thinner or cleaning material that
contains organic HAP, as determined according to this section. Any
coating operation(s) for which you use the compliant material option is
not required to meet the operating limits or work practice standards
required in Secs. 63.4092 and 63.4093, respectively. To demonstrate
initial compliance with the emission limitations using the compliant
material option, you must meet all the requirements of this section for
the coating operation(s) using this option. Use the procedures in this
section on each coating, thinner, and cleaning material in the
condition it is in when it is received from its manufacturer or
supplier and prior to any alteration.
(a) Determine the mass fraction of organic HAP for each material
used. You must determine the mass fraction of organic HAP for each
coating, thinner, and cleaning material used during the compliance
period by using one of the options in paragraphs (a)(1) through (5) of
this section.
(1) Method 311 (appendix A to 40 CFR part 63). You may use Method
311 for determining the mass fraction of organic HAP. Use the
procedures specified in paragraphs (a)(1)(i) and (ii) of this section
when performing a Method 311 test.
(i) Count each organic HAP that is measured to be present at 0.1
percent by mass or more for Occupational Safety and Health
Administration (OSHA)--defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds.
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5
percent of the material by mass, you don't have to count it. Express
the mass fraction of each organic HAP you count as a value truncated to
four places after the decimal point (for example, 0.3791).
(ii) Calculate the total mass fraction of organic HAP in the test
material by adding up the individual organic HAP mass fractions and
truncating the result to three places after the decimal point (for
example, 0.763).
(2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may
use Method 24 to determine the mass fraction of nonaqueous volatile
matter and use that value as a substitute for mass fraction of organic
HAP.
(3) Alternative method. You may use an alternative test method for
determining the mass fraction of organic HAP once the Administrator has
approved it. You must follow the procedure in Sec. 63.7(f) to submit an
alternative test method for approval.
(4) Information from the supplier or manufacturer of the material.
You may rely on information other than that generated by the test
methods specified in paragraphs (a)(1) through (3) of this section,
such as manufacturer's formulation data. Count each organic HAP that is
present at 0.1 percent by mass or more for OSHA-defined carcinogens as
specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more
for other compounds. For example, if toluene (not an OSHA carcinogen)
is 0.5 percent of the material by mass, you don't have to count it. If
there is a disagreement between such information and results of the
test methods specified in paragraphs (a)(1) through (3) of this
section, then the test method results will take precedence.
(5) Solvent blends. Solvent blends may be listed as single
components for some materials in data provided by manufacturers or
suppliers. Solvent blends may contain organic HAP which
[[Page 81157]]
must be counted toward the total organic HAP mass fraction of the
materials. When test data for solvent blends are not available, you may
use the value for mass fraction of organic HAP listed in Table 3 or 4
of this subpart. If you use the tables, you must use the values in
Table 3 for all solvent blends that match Table 3 entries, and you may
only use Table 4 if the solvent blends in the materials you use do not
match any of the solvent blends in Table 3 and you only know whether
the blend is aliphatic or aromatic. However, if the results of Method
311 indicate higher values than those listed on Table 3 or 4 of this
subpart, the Method 311 results will take precedence.
(b) Determine the volume fraction of coating solids for each
coating. You must determine the volume fraction of coating solids
(liters of coating solids per liter of coating) for each coating used
during the compliance period by a test, by information provided by the
supplier or the manufacturer of the material, or by calculation as
specified in paragraphs (b)(1) through (3) of this section. The results
obtained with paragraph (b)(1) of this section will take precedence if
they do not agree with the results obtained with paragraph (b)(2) or
(3) of this section.
(1) ASTM Method D2697-86(1998) or D6093-97. You may use ASTM Method
D2697-86(1998) or D6093-97 to determine the volume fraction of coating
solids for each coating. Multiply the nonvolatile volume percent
obtained with the methods by 100 to calculate volume fraction of
coating solids.
(2) Information from the supplier or manufacturer of the material.
You may obtain the volume fraction of coating solids for each coating
from the supplier or manufacturer.
(3) Calculation of volume fraction of coating solids,
Vs. If the volume fraction of coating solids cannot be
determined using the options in paragraphs (b)(1) and (2) of this
section, you must determine it using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.017
Where:
Vs = Volume fraction of coating solids, liters coating
solids per liter coating.
m volatiles = Total volatile matter content of the coating,
including HAP, volatile organic compounds (VOC), water, and exempt
compounds, determined according to Method 24 in appendix A of 40 CFR
part 60, grams volatile matter per liter coating.
Davg = Average density of volatile matter in the coating,
grams volatile matter per liter volatile matter, determined from test
results using ASTM Method D1475-98, information from the supplier or
manufacturer of the material, or reference sources providing density or
specific gravity data for pure materials. If there is disagreement
between ASTM Method D1475-98 test results and other information
sources, the test results will take precedence.
(c) Determine the density of each coating. Determine the density of
each coating used during the compliance period from test results using
ASTM Method D1475-98, information from the supplier or manufacturer of
the material, or reference sources providing density or specific
gravity data for pure materials. If there is disagreement between ASTM
Method D1475-98 test results and other information sources, the test
results will take precedence.
(d) Calculate the organic HAP content of each coating. Calculate
Hc, the organic HAP content, kg organic HAP per liter
coating solids, of each coating used during the compliance period,
using Equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.018
Where:
Hc = Organic HAP content of the coating, kg organic HAP per
liter coating solids.
Dc = Density of coating, kg coating per liter coating,
determined according to paragraph (c) of this section.
Wc = Mass fraction of organic HAP in the coating, kg organic
HAP per kg coating, determined according to paragraph (a) of this
section.
Vs = Volume fraction of coating solids, liters coating
solids per liter coating, determined according to paragraph (b) of this
section.
(e) Compliance demonstration. The calculated organic HAP content,
Hc, for each coating used during the initial compliance
period must be less than or equal to the applicable emission limit in
Sec. 63.4090; and each thinner and cleaning material used during the
initial compliance period must contain no organic HAP, determined
according to paragraph (a) of this section. You must keep all records
required by Secs. 63.4130 and 63.4131. As part of the Notification of
Compliance Status required in Sec. 63.4110, you must identify the
coating operation(s) for which you used the compliant material option
and submit a statement that the coating operation(s) was (were) in
compliance with the emission limitations during the initial compliance
period because you used no coatings for which the organic HAP content
exceeds the applicable emission limit in Sec. 63.4090, and you used no
thinners or cleaning materials that contain organic HAP.
Sec. 63.4142 How do I demonstrate continuous compliance with the
emission limitations?
(a) For each compliance period, to demonstrate continuous
compliance, you must use no coating for which the organic HAP content,
Hc, determined using Equation 2 of Sec. 63.4141, exceeds the
applicable emission limit in Sec. 63.4090, and use no thinner or
cleaning material that contains organic HAP, determined according to
Sec. 63.4141(a). Each calendar month following the initial compliance
period described in Sec. 63.4140 is a compliance period.
(b) If you choose to comply with the emission limitations by using
the compliant material option, the use of any coating, thinner, or
cleaning material that does not meet the criteria specified in
paragraph (a) of this section is a deviation from the emission
limitations that must be reported as specified in Secs. 63.4110(b)(6)
and 63.4120(d).
(c) As part of each semiannual compliance report required by
Sec. 63.4120, you must submit a statement that you were in compliance
with the emission limitations during the reporting period because you
used no thinners or cleaning materials that contained organic HAP, and
you used no coatings for which the organic HAP content exceeded the
applicable emission limit in Sec. 63.4090.
(d) You must maintain records as specified in Secs. 63.4130 and
63.4131.
Compliance Requirements for the Emission Rate Without Add-On
Controls Option
Sec. 63.4150 By what date must I conduct the initial compliance
demonstration?
You must complete the compliance demonstration for the initial
compliance period according to the requirements of Sec. 63.4151. The
initial compliance period begins on the applicable compliance date
specified in Sec. 63.4083 and ends on the last day of the first full
calendar month after the compliance date. The initial compliance
demonstration includes the calculations showing that the organic HAP
emission rate for the initial compliance period was equal to or less
than the applicable emission limit in Sec. 63.4090.
[[Page 81158]]
Sec. 63.4151 How do I demonstrate initial compliance with the emission
limitations?
You may use the emission rate without add-on controls option for
any individual coating operation, for any group of coating operations
in the affected source, or for all the coating operations in the
affected source. You must use either the compliant material option or
the emission rate with add-on controls option for any coating
operation(s) in the affected source for which you do not use this
option. To demonstrate initial compliance using the emission rate
without add-on controls option, the coating operation(s) must meet the
applicable emission limit in Sec. 63.4090 but not the operating limits
or work practice standards in Secs. 63.4092 and 63.4093, respectively.
You must meet all the requirements of this section to demonstrate
initial compliance with the applicable emission limit in Sec. 63.4090
for the coating operation(s). When calculating the organic HAP emission
rate according to this section, do not include any coatings, thinners,
or cleaning materials used on coating operations for which you use the
compliant material option or the emission rate with add-on controls
option.
(a) Determine the mass fraction of organic HAP for each material.
Determine the mass fraction of organic HAP for each coating, thinner,
and cleaning material used during the compliance period according to
the requirements in Sec. 63.4141(a).
(b) Determine the volume fraction of coating solids for each
coating. Determine the volume fraction of coating solids for each
coating used during the compliance period according to the requirements
in Sec. 63.4141(b).
(c) Determine the density of each material. Determine the density
of each coating, thinner, and cleaning material used during the
compliance period according to the requirements in Sec. 63.4141(c).
(d) Determine the volume of each material used during the
compliance period. Determine the volume (liters) of each coating,
thinner, and cleaning material used during the compliance period by
measurement or usage records.
(e) Calculate the mass of organic HAP emissions during the
compliance period. The mass of organic HAP emissions, He ,
is the combined mass of organic HAP contained in all coatings,
thinners, and cleaning materials used during the compliance period
minus the organic HAP in certain waste materials. Calculate
He using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP22DE00.019
Where:
He = The total mass of organic HAP emissions during the
compliance period, kg.
A = The total mass of organic HAP in the coatings used during the
compliance period, kg, as calculated in Equation 1A of this section.
B = The total mass of organic HAP in the thinners used during the
compliance period, kg, as calculated in Equation 1B of this section.
C = The total mass of organic HAP in the cleaning materials used during
the compliance period, kg, as calculated in Equation 1C of this
section.
Rw = The total mass of organic HAP in waste materials sent
to a hazardous waste TSDF for treatment or disposal, kg, determined
according to paragraph (e)(4) of this section. (You may assign a value
of zero to Rw if you do not wish to use this allowance.)
(1) Calculate A, the kg organic HAP in the coatings used during the
compliance period using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.020
Where:
Volc,i = Total volume of coating, i, used during the
compliance period, liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg
organic HAP per kg coating.
m = Number of different coatings used during the compliance period.
(2) Calculate B, the kg of organic HAP in the thinners used during
the compliance period using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.021
Where:
Volt,j = Total volume of thinner, j, used during the
compliance period, liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg
organic HAP per kg thinner.
n = Number of different thinners used during the compliance period.
(3) Calculate C, the kg organic HAP in the cleaning materials used
during the compliance period using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.022
Where:
Vols,k = Total volume of cleaning material, k, used during
the compliance period, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k,
kg organic HAP per kg material.
p = Number of different cleaning materials used during the compliance
period.
(4) Determine the mass of organic HAP contained in waste materials
sent to a TSDF (Rw). If you choose to account for the mass
of organic HAP contained in waste materials sent to a hazardous waste
TSDF in the calculation of He (Equation 1 of this section),
then you must include in your Notification of Compliance Status the
information specified in paragraphs (e)(4)(i) through (iv) of this
section. You may use this allowance only if the waste materials are
generated by the coating operations for which you use Equation 1 of
this section and are sent to a facility that is regulated as a TSDF
under 40 CFR part 262, 264, 265, or 266. You must not make an allowance
for organic HAP contained in wastewater.
(i) The name and address of each TSDF to which the waste material
was sent during the compliance period and a statement of which
regulations under 40 CFR parts 262, 264, 265, and 266 apply to the
facility.
(ii) A description of the waste material sent to each TSDF,
including the operations producing the waste material streams, the
amount of waste materials sent to the TSDF during the compliance
period, and the mass of organic HAP contained in these waste materials.
(iii) The methodology used to determine the total amount of waste
materials sent to the TSDF during the compliance period and the mass of
organic HAP contained in these waste materials. This must include the
sources for all data used in the determination, methods used to
generate the data, and frequency of testing or monitoring.
(iv) To the extent that waste manifests include the information
specified in paragraphs (e)(4)(i) through (iii) of this section, they
may be used as part of the documentation of the amount of waste
materials and organic HAP content of waste materials sent to the TSDF.
(f) Calculate the total volume of coating solids used during the
[[Page 81159]]
compliance period. Determine Vst, the total volume of
coating solids used, liters, which is the combined volume of coating
solids for all the coatings used during the compliance period, using
Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TP22DE00.023
Where:
Vst = Total volume of coating solids used during the
compliance period, liters.
Volc,i = Total volume of coating, i, used during the
compliance period, liters.
Vs,i = Volume fraction of coating solids for coating, i,
liters solids per liter coating, determined according to
Sec. 63.4141(b).
m = Number of coatings used during the compliance period.
(g) Calculate the organic HAP emission rate during the compliance
period. Calculate Havg the organic HAP emission rate, kg
organic HAP per liter coating solids used, using Equation 3 of this
section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.024
Where:
Havg = The organic HAP emission rate for the compliance
period, kg organic HAP per liter coating solids.
He = Total mass organic HAP emissions from all materials
used during the compliance period, kg, as calculated by Equation 1 of
this section.
Vst = Total volume coating solids used during the compliance
period, liters, as calculated by Equation 2 of this section.
(h) Compliance demonstration. The organic HAP emission rate for the
initial compliance period, Havg must be less than or equal
to the applicable emission limit in Sec. 63.4090. You must keep all
records as required by Secs. 63.4130 and 63.4131. As part of the
Notification of Compliance Status required by Sec. 63.4110, you must
identify the coating operation(s) for which you used the emission rate
without add-on controls option and submit a statement that the coating
operation(s) was (were) in compliance with the emission limitations
during the initial compliance period because the organic HAP emission
rate was less than or equal to the applicable emission limit in
Sec. 63.4090.
Sec. 63.4152 How do I demonstrate continuous compliance with the
emission limitations?
(a) To demonstrate continuous compliance, the organic HAP emission
rate for each compliance period, determined according to the procedures
in Sec. 63.4151(a) through (g), must be less than or equal to the
applicable emission limit in Sec. 63.4090. Each calendar month
following the initial compliance period described in Sec. 63.4150 is a
compliance period.
(b) If the organic HAP emission rate for any compliance period
exceeded the applicable emission limit in Sec. 63.4090, this is a
deviation from the emission limitations for that compliance period and
must be reported as specified in Secs. 63.4110(b)(6) and 63.4120(e).
(c) As part of each semiannual compliance report required by
Sec. 63.4120, you must submit a statement that you were in compliance
with the emission limitations during the reporting period because the
organic HAP emission rate for each compliance period was less than or
equal to the applicable emission limit in Sec. 63.4090.
(d) You must maintain records as specified in Secs. 63.4130 and
63.4131.
Compliance Requirements for the Emission Rate With Add-On Controls
Option
Sec. 63.4160 By what date must I conduct performance tests and other
initial compliance demonstrations?
(a) Existing sources. For an existing affected source, you must
meet the requirements of paragraphs (a)(1) through (3) of this section.
(1) Except for solvent recovery systems for which you conduct
liquid-liquid material balances according to Sec. 63.4161(h), you must
conduct a performance test of each capture system and add-on control
device according to the procedures in Secs. 63.4164, 63.4165, and
63.4166, and establish the operating limits required by Sec. 63.4092,
no later than the compliance date specified in Sec. 63.4083. For a
solvent recovery system for which you conduct liquid-liquid material
balances according to Sec. 63.4161(h), you must initiate the first
material balance no later than the compliance date specified in
Sec. 63.4083.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.4093 no later than the compliance date specified in
Sec. 63.4083.
(3) You must complete the compliance demonstration for the initial
compliance period according to the requirements of Sec. 63.4161. The
initial compliance period begins on the applicable compliance date
specified in Sec. 63.4083 and ends on the last day of the first full
calendar month after the compliance date. The initial compliance
demonstration includes the results of emission capture system and add-
on control device performance tests conducted according to
Secs. 63.4164, 63.4165, and 63.4166; results of liquid-liquid material
balances conducted according to Sec. 63.4161(h); calculations showing
whether the organic HAP emission rate for the initial compliance period
was equal to or less than the emission limit in Sec. 63.4090(a); the
operating limits established during the performance tests and the
results of the continuous parameter monitoring required by
Sec. 63.4168; and documentation of whether you developed and
implemented the work practice plan required by Sec. 63.4093.
(b) New and reconstructed affected sources. For a new or
reconstructed affected source, you must meet the requirements of
paragraphs (b)(1) through (4) of this section.
(1) Except for solvent recovery systems for which you conduct
liquid-liquid material balances according to Sec. 63.4161(h), you must
conduct a performance test of each capture system and add-on control
device according to the procedures in Secs. 63.4164, 63.4165, and
63.4166, and establish the operating limits required by Sec. 63.4092,
no later than 180 days after startup or 180 days after the effective
date of this subpart, whichever is later. For a solvent recovery system
for which you conduct liquid-liquid material balances according to
Sec. 63.4161(h), you must initiate the first material balance no later
than 180 days after startup or 180 days after the effective date of
this subpart, whichever is later.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.4093 no later than the compliance date specified in
Sec. 63.4083.
(3) You must complete the compliance demonstration for the initial
compliance period according to the requirements of Sec. 63.4161. The
initial compliance period begins on the applicable compliance date
specified in Sec. 63.4083 and ends on the last day of the first full
calendar month after the compliance date, or the date you conduct the
performance tests of the emission capture systems and add-on control
devices, or initiate the first liquid-liquid material balance for a
solvent recovery system, whichever is later. The initial compliance
demonstration includes the results of emission capture system and add-
on control device performance tests conducted according to
Secs. 63.4164, 63.4165, and 63.4166; results of liquid-liquid material
balances conducted
[[Page 81160]]
according to Sec. 63.4161(h); calculations showing whether the organic
HAP emission rate for the initial compliance period was equal to or
less than the emission limit in Sec. 63.4090(b); the operating limits
established during the performance tests and the results of the
continuous parameter monitoring required by Sec. 63.4168; and
documentation of whether you developed and implemented the work
practice plan required by Sec. 63.4093.
(4) You do not need to comply with the operating limits for the
emission capture system and add-on control device required by
Sec. 63.4092 until after you have completed the performance tests
specified in paragraph (b)(1) of this section. Instead, you must
maintain a log detailing the operation and maintenance of the emission
capture system, add-on control device, and continuous parameter
monitors during the period between the compliance date and the
performance test. All continuous parameter monitoring systems must be
installed and operating on the applicable compliance date specified in
Sec. 63.4083. You must begin complying with the operating limits for
your affected source on the date you complete the performance tests
specified in paragraph (b)(1) of this section. This requirement does
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances.
Sec. 63.4161 How do I demonstrate initial compliance?
You may use the emission rate with add-on controls option for any
coating operation, for any group of coating operations in the affected
source, or for all of the coating operations in the affected source.
You may include both controlled and uncontrolled coating operations in
a group for which you use this option. You must use either the
compliant material option or the emission rate without add-on controls
option for any coating operation(s) in the affected source for which
you do not use this option. To demonstrate initial compliance, the
coating operation(s) for which you use the emission rate with add-on
controls option must meet the applicable emission limit in
Sec. 63.4090, and each controlled coating operation must meet the
operating limits and work practice standards required in Secs. 63.4092
and 63.4093, respectively. You must meet all the requirements of this
section to demonstrate initial compliance with the emission
limitations. When calculating the organic HAP emission rate according
to this section, do not include any coatings, thinners, or cleaning
materials used on coating operations for which you use the compliant
material option or the emission rate without add-on controls option.
(a) Compliance with operating limits. Except as provided in
Sec. 63.4160(b)(4), you must establish and demonstrate continuous
compliance during the initial compliance period with the operating
limits required by Sec. 63.4092, using the procedures specified in
Secs. 63.4167 and 63.4168.
(b) Compliance with work practice requirements. You must develop,
implement, and document your implementation of the work practice plan
required by Sec. 63.4093 during the initial compliance period as
specified in Sec. 63.4130.
(c) Compliance with emission limits. You must follow the procedures
in paragraphs (d) through (l) of this section to demonstrate compliance
with the applicable emission limit in Sec. 63.4090.
(d) Determine the mass fraction of organic HAP, density, volume
used, and volume of coating solids. Follow the procedures specified in
Sec. 63.4151(a) through (d) to determine the mass fraction of organic
HAP, density, and volume of each coating, thinner, and cleaning
material used during the compliance period; and the volume fraction of
coating solids for each coating used during the compliance period.
(e) Calculate the total mass of organic HAP emissions before add-on
controls. Using Equation 1 of Sec. 63.4151, calculate the total mass of
organic HAP emissions, He, before add-on controls from all
coatings, thinners, and cleaning materials used during the compliance
period.
(f) Calculate the organic HAP emission reduction for each
controlled coating operation. Determine the mass of organic HAP
emissions reduced for each controlled coating operation during the
compliance period. The emissions reduction determination quantifies the
total organic HAP emissions that pass through the emission capture
system and are destroyed or removed by the add-on control device. Use
the procedures in paragraph (g) of this section to calculate the mass
of organic HAP emissions reduction for each controlled coating
operation using an emission capture system and add-on control device
other than a solvent recovery system for which you conduct liquid-
liquid material balances. For each controlled coating operation using a
solvent recovery system for which you conduct a liquid-liquid material
balance, use the procedures in paragraph (h) of this section to
calculate the organic HAP emissions reduction.
(g) Calculate the organic HAP emissions, HC , reduction
for controlled coating operations not using liquid-liquid material
balance. For each controlled coating operation using an emission
capture system and add-on control device other than a solvent recovery
system for which you conduct liquid-liquid material balances, calculate
HC, using Equation 1 of this section, by applying the
emission capture system efficiency and add-on control device efficiency
to the mass of organic HAP contained in the coatings, thinners, and
cleaning materials that are used in the coating operation served by the
emission capture system and add-on control device during the compliance
period. If an operating parameter for the emission capture system or
add-on control device deviates from the operating limits specified in
Sec. 63.4092, then you must assume zero efficiency for the emission
capture system and add-on control device during the deviation. For the
purposes of completing the compliance calculations, you must treat the
materials used during a deviation on a controlled coating operation as
if they were used on an uncontrolled coating operation for the time
period of the deviation. You must not include those materials in the
calculations of organic HAP emissions reduction in Equation 1 of this
section.
[GRAPHIC] [TIFF OMITTED] TP22DE00.025
Where:
HC = Mass of organic HAP emissions reduction for the
controlled coating operation during the compliance period, kg.
AI = The total mass of organic HAP in the coatings used in
the controlled coating operation, kg, as calculated in Equation 1A of
this section.
BI = The total mass of organic HAP in the thinners used in
the controlled
[[Page 81161]]
coating operation, kg, as calculated in Equation 1B of this section.
CI = The total mass of organic HAP in the cleaning materials
used in the controlled coating operation during the compliance period,
kg, as calculated in Equation 1C of this section.
CE = The capture efficiency of the emission capture system vented to
the add-on control device, percent. Use the test methods and procedures
specified in Secs. 63.4164 and 63.4165 to measure and record capture
efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on
control device, percent. Use the test methods and procedures in
Secs. 63.4164 and 63.4166 to measure and record the organic HAP
destruction or removal efficiency.
(1) Calculate AI, the mass of organic HAP in the
coatings used in the controlled coating operation, kg, using Equation
1A of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.026
Where:
Volc,i = Total volume of coating, i, used, liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per
kg.
m = Number of different coatings used.
(2) Calculate BI, the mass of organic HAP in the
thinners used in the controlled coating operation, kg, using Equation
1B of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.027
Where:
Volt,j = Total volume of thinner, j, used, liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg per
kg.
n = Number of different thinners used.
(3) Calculate CI, the mass of organic HAP in the
cleaning materials used in the controlled coating operation during the
compliance period, kg, using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.028
Where:
Vols,k = Total volume of cleaning material, k, used, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k,
kg per kg.
p = Number of different cleaning materials used.
(h) Calculate the organic HAP emissions reduction for controlled
coating operations using liquid-liquid material balance,
HCSR. For each controlled coating operation using a solvent
recovery system for which you conduct liquid-liquid material balances,
calculate HCSR by applying the volatile organic matter
collection and recovery efficiency to the mass of organic HAP contained
in the coatings, thinners, and cleaning materials that are used in the
coating operation controlled by the solvent recovery system during the
compliance period. Perform a liquid-liquid material balance for each
compliance period as specified in paragraphs (h)(1) through (6) of this
section.
(1) For each solvent recovery system, install, calibrate, maintain,
and operate according to the manufacturer's specifications, a device
that indicates the cumulative amount of volatile organic matter
recovered by the solvent recovery system each compliance period. The
device must be initially certified by the manufacturer to be accurate
to within 2.0 percent.
(2) For each solvent recovery system, determine the mass,
MVR, of volatile organic matter recovered for the compliance
period, kg, based on measurement with the device required in paragraph
(h)(1) of this section.
(3) Determine the mass fraction, CV, of volatile organic
matter for each coating used in the coating operation controlled by the
solvent recovery system during the compliance period, kg volatile
organic matter per kg coating. You may determine the volatile organic
matter mass fraction using Method 24 of 40 CFR part 60, appendix A, or
an EPA approved alternative method, or you may use information provided
by the manufacturer or supplier of the coating. In the event of any
inconsistency between information provided by the manufacturer or
supplier and the results of Method 24 of 40 CFR part 60, appendix A, or
an approved alternative method, the test method results will govern.
(4) Determine the density of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the compliance period, kg per liter, according
to Sec. 63.4151(c).
(5) Measure the volume of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the compliance period, liters.
(6) Calculate the solvent recovery system's volatile organic matter
collection and recovery efficiency, RV, using Equation 2 of
this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.029
Where:
RV = Volatile organic matter collection and recovery
efficiency of the solvent recovery system during the compliance period,
percent.
MVR = Mass of volatile organic matter recovered by the
solvent recovery system during the compliance period, kg.
Voli = Volume of coating, i, used in the coating operation
controlled by the solvent recovery system during the compliance period,
liters.
Di = Density of coating, i, kg per liter.
CVi = Mass fraction of volatile organic matter for coating,
i, kg volatile organic matter per kg coating.
Volj = Volume of thinner, j, used in the coating operation
controlled by the solvent recovery system during the compliance period,
liters.
Dj = Density of thinner, j, kg per liter.
Volk = Volume of cleaning material, k, used in the coating
operation controlled by the solvent recovery system during the
compliance period, liters.
Dk = Density of cleaning material, k, kg per liter.
m = Number of different coatings used in the coating operation
controlled by the solvent recovery system during the compliance period.
n = Number of different thinners used in the coating operation
controlled by the solvent recovery system during the compliance period.
[[Page 81162]]
p = Number of different cleaning materials used in the coating
operation controlled by the solvent recovery system during the
compliance period.
(7) Calculate the mass of organic HAP emissions reduction for the
coating operation controlled by the solvent recovery system during the
compliance period, HCSR, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.030
Where:
HCSR = Mass of organic HAP emissions reduction for the
coating operation controlled by the solvent recovery system during the
compliance period, kg.
AI = The total mass of organic HAP in the coatings used in
the coating operation controlled by the solvent recovery system, kg,
calculated using Equation 1A of this section.
BI = The total mass of organic HAP in the thinners used in
the coating operation controlled by the solvent recovery system, kg,
calculated using Equation 1B of this section.
CI = The total mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery
system, kg, calculated using Equation 1C of this section.
RV = Volatile organic matter collection and recovery
efficiency of the solvent recovery system, percent, from Equation 2 of
this section.
(i) [Reserved]
(j) Calculate the total volume of coating solids used. Determine
Vst, the total volume of coating solids used, liters, which
is the combined volume of coating solids for all the coatings used
during the compliance period, using Equation 2 of Sec. 63.4151.
(k) Calculate the organic HAP emission rate. Determine
HHAP, the organic HAP emission rate to the atmosphere, kg
organic HAP per liter coating solids used during the compliance period,
using either Equation 4 of this section or Equation 1 of Sec. 63.4162.
[GRAPHIC] [TIFF OMITTED] TP22DE00.031
Where:
He = Total mass of organic HAP emissions before add-on
controls from all the coatings, thinners, and cleaning materials used
during the compliance period, kg, determined according to paragraph (e)
of this section.
HC,i = Total mass of organic HAP emissions reduction for
controlled coating operation, i, during the compliance period, kg, from
Equation 1 of this section.
HCSR,j = Total mass of organic HAP emissions reduction for
controlled coating operation, j, during the compliance period, kg, from
Equation 3 of this section.
Vst = Total volume of coating solids used during the
compliance period, liters, from Equation 2 of Sec. 63.4151.
q = Number of controlled coating operations except those controlled
with a solvent recovery system.
r = Number of coating operations controlled with a solvent recovery
system.
(l) Compliance demonstration. To demonstrate initial compliance
with the emission limit, HHAP, calculated using either
Equation 4 of this section or Equation 1 of Sec. 63.4162, must be less
than or equal to the applicable emission limit in Sec. 63.4090. You
must keep all records as required by Secs. 63.4130 and 63.4131. As part
of the Notification of Compliance Status required by Sec. 63.4110, you
must identify the coating operation(s) for which you used the emission
rate with ad-on controls option and submit a statement that the coating
operation(s) was (were) in compliance with the emission limitations
during the initial compliance period because the organic HAP emission
rate was less than or equal to the applicable emission limit in
Sec. 63.4090, and you achieved the operating limits required by
Sec. 63.4092 and the work practice standards required by Sec. 63.4093.
Sec. 63.4162 How do I determine the organic HAP emission rate for a
controlled coating operation not using a material balance if I operate
it under different sets of representative operating conditions?
(a) If a controlled coating operation for which you do not conduct
liquid-liquid material balances, its emission capture system, or its
add-on control device will be operated at multiple sets of
representative operating conditions that result in different capture
system or add-on control device efficiencies during the compliance
period, you must determine the organic HAP emission rate according to
either paragraph (b) or (c) of this section. The cases described in
paragraphs (a)(1) and (2) of this section are examples of such
operating conditions.
(1) You use a single add-on control device to reduce emissions from
two or more coating operations, and the number of coating operations
vented to the add-on control device is variable during the compliance
period. This case also includes situations where you have more than one
capture device on the same coating operation, and the number of capture
devices or one of the capture devices vented to the control device is
changed during the compliance period.
(2) The coatings or cleaning materials you apply, or the products
to which you apply them, differ during the compliance period, and the
differences are such that the emission capture efficiency or add-on
control device efficiency changes. This case includes a change in the
shape or size of the product coated such that there is a change in
capture efficiency of the capture system. This case also includes a
change in the materials that results in an inlet concentration to the
add-on control device that is sufficiently lower such that the percent
reduction the control device can achieve changes, or a change in the
volatility of the organic HAP in the materials used such that a lower
proportion of the HAP is captured by the capture system, and a higher
amount is not captured by the capture system.
(b) If you conduct your performance test under the representative
operating conditions that are expected to result in the lowest emission
capture system and add-on control device efficiencies, as allowed under
Sec. 63.4164(b)(2), then determine the organic HAP emission rate
according to the procedures and equations in Sec. 63.4161. You do not
need to follow paragraph (c) of this section.
(c) If you conduct your performance test under multiple sets of
representative operating conditions to establish different emission
capture system and add-on control device efficiencies for each set of
operating conditions, as allowed under
[[Page 81163]]
Sec. 63.4164(b)(1), then determine the organic HAP emission rate
according to paragraphs (c)(1) and (2) of this section.
(1) You must use Equation 1 of this section for determining
HHAP, the organic HAP emission rate to the atmosphere, kg
organic HAP per liter coating solids used.
[GRAPHIC] [TIFF OMITTED] TP22DE00.032
Where:
He = Total mass of organic HAP emissions before add-on
controls from all coatings, thinners, and cleaning materials used
during the compliance period, kg, determined according to
Sec. 63.4161(e).
HC,i1, HC,i2, HC,in = Total mass of
organic HAP emissions reduction, kg, for controlled coating operation,
i, while operating under each operating condition, n, during the
compliance period, from Equation 1 of Sec. 63.4161.
HCSR,j = Total mass of organic HAP emissions reduction, kg,
from coating operation, j, controlled by a solvent recovery system,
from Equation 3 of Sec. 63.4161.
Vst = Total volume of coating solids used during the
compliance period, liters, from Equation 2 of Sec. 63.4151.
n = Number of different operating conditions that affect emission
capture system efficiency or add-on control device organic HAP
destruction or removal efficiency under which the coating operation
operated during the compliance period.
q = Number of controlled coating operations not controlled by a solvent
recovery system.
r = Number of different coating operations controlled by a solvent
recovery system.
(2) To determine the HCn in Equation 1 of this section,
follow the steps in paragraphs (c)(2)(i) through (iii) of this section.
(i) Use Equation 1 of Sec. 63.4161 to calculate the HCn
for each operating condition of each controlled coating operation.
(ii) For the factors AI, BI, and
CI in Equation 1 of Sec. 63.4161, use the mass of organic
HAP contained in the coatings, thinners, and cleaning materials used in
each controlled coating operation while operating under each operating
condition, n.
(iii) In Equation 1 of Sec. 63.4161, use the emission capture
system efficiency and add-on control device organic HAP destruction or
removal efficiency that apply under each operating condition, n. These
efficiencies for each operating condition are determined from the
performance test required by Sec. 63.4160.
Sec. 63.4163 How do I demonstrate continuous compliance with the
emission limitations?
(a) To demonstrate continuous compliance with the applicable
emission limit in Sec. 63.4090, the organic HAP emission rate for each
compliance period, determined according to the procedures in
Sec. 63.4161 (and in Sec. 63.4162, if applicable), must be equal to or
less than the applicable emission limit in Sec. 63.4090. Each calendar
month following the initial compliance period described in Sec. 63.4160
is a compliance period.
(b) If the organic HAP emission rate for any compliance period
exceeded the applicable emission limit in Sec. 63.4090, this is a
deviation from the emission limitation for that compliance period and
must be reported as specified in Secs. 63.4110(b)(6) and 63.4120(g).
(c) You must demonstrate continuous compliance with each operating
limit required by Sec. 63.4092 that applies to you, as specified in
Table 1 of this subpart.
(1) If an operating parameter is out of the allowed range specified
in Table 1 of this subpart, this is a deviation from the operating
limit that must be reported as specified in Secs. 63.4110(b)(6) and
63.4120(g).
(2) If an operating parameter deviates from the operating limit
specified in Table 1 of this subpart, then you must assume that the
emission capture system and add-on control device were achieving zero
efficiency during the time period of the deviation. For the purposes of
completing the compliance calculations specified in Secs. 63.4161 and
63.4162, you must treat the materials used during a deviation on a
controlled coating operation as if they were used on an uncontrolled
coating operation for the time period of the deviation. You must not
include those materials in the calculation of organic HAP emissions
reduction in Equation 1 of Sec. 63.4161.
(d) You must meet the requirements for bypass lines in
Sec. 63.4168(b). If any bypass line is opened and emissions are
diverted to the atmosphere when the coating operation is running, this
is a deviation that must be reported as specified in
Secs. 63.4110(b)(6) and 63.4120(g). For the purposes of completing the
compliance calculations specified in Secs. 63.4161 and 63.4162, you
must treat the materials used during a deviation on a controlled
coating operation as if they were used on an uncontrolled coating
operation for the time period of the deviation. You must not include
those materials in the calculation of organic HAP emissions reduction
in Equation 1 of Sec. 63.4161.
(e) You must demonstrate continuous compliance with the work
practice standards in Sec. 63.4093. If you did not develop a work
practice plan, or you did not implement the plan, or you did not keep
the records required by Sec. 63.4130(k)(9), this is a deviation from
the work practice standards that must be reported as specified in
Secs. 63.4110(b)(6) and 63.4120(g).
(f) As part of each semiannual compliance report required in
Sec. 63.4120, you must submit a statement that you were in compliance
with the emission limitations during the reporting period because the
organic HAP emission rate for each compliance period was less than or
equal to the applicable emission limit in Sec. 63.4090, and you
achieved the operating limits required by Sec. 63.4092 and the work
practice standards required by Sec. 63.4093 during each compliance
period.
(g) During periods of startup, shutdown, and malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency, you must
operate in accordance with the startup, shutdown, and malfunction plan
required by Sec. 63.4100(d).
(h) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that
occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with the startup, shutdown, and
malfunction plan. The Administrator will determine whether deviations
that occur during a period of
[[Page 81164]]
startup, shutdown, or malfunction are violations according to the
provisions in Sec. 63.6(e).
(i) [Reserved]
(j) You must maintain records as specified in Secs. 63.4130 and
63.4131.
Sec. 63.4164 What are the general requirements for performance tests?
(a) You must conduct each performance test according to the
requirements in Sec. 63.7(e)(1) and under the conditions in paragraphs
(a)(1) and (2) of this section, except as provided in paragraph (b) of
this section:
(1) Representative coating operation operating conditions. You must
conduct the performance test under representative operating conditions
for the coating operation. Operations during periods of startup,
shutdown, or malfunction and periods of nonoperation do not constitute
representative conditions. You must record the process information that
is necessary to document operating conditions during the test and
explain why the conditions are representative of normal operation.
(2) Representative emission capture system and add-on control
device operating conditions. You must conduct the performance test when
the emission capture system and add-on control device are operating at
a representative flow rate, and the add-on control device is operating
at a representative inlet concentration. You must record information
that is necessary to document emission capture system and add-on
control device operating conditions during the test and explain why the
conditions are representative of normal operation.
(b) If the coating operation, emission capture system, or add-on
control device will be operated at different sets of representative
operating conditions, you must conduct the performance test according
to either paragraph (b)(1) or (2) of this section:
(1) Test at each of the representative operating conditions and
establish emission capture system and add-on control device
efficiencies and operating limits for each operating condition. To
demonstrate continuous compliance following the performance test,
record the conditions under which the process, emission capture system,
and add-on control device are operating during each time period of
operation, and calculate the organic HAP emission rate as described in
Sec. 63.4162.
(2) Test at the representative operating conditions that are
expected to result in the lowest emission capture system and add-on
control device efficiencies and establish efficiencies and operating
limits based on this test. Use these efficiencies in the emission
calculations in Sec. 63.4161.
(c) You must conduct each performance test of an emission capture
system according to the requirements in Sec. 63.4165 and of an add-on
control device according to the requirements in Sec. 63.4166.
(d) The performance test to determine add-on control device organic
HAP destruction or removal efficiency must consist of three runs as
specified in Sec. 63.7(e)(3) and each run must last at least 1 hour.
Sec. 63.4165 How do I determine the emission capture system
efficiency?
You must use the procedures and test methods in this section to
determine capture efficiency as part of the performance test required
by Sec. 63.4160.
(a) Assuming 100 percent capture efficiency. You may assume the
capture system efficiency is 100 percent if both of the conditions in
paragraphs (a)(1) and (2) of this section are met:
(1) The capture system meets the criteria in Method 204 of appendix
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from
the enclosure to an add-on control device.
(2) All coatings, thinners, and cleaning materials used in the
coating operation are applied within the capture system; coating
solvent flash-off and coating, curing, and drying occurs within the
capture system; and the removal of or evaporation of cleaning materials
from the surfaces they are applied to occurs within the capture system.
For example, this criterion is not met if parts enter the open shop
environment when being moved between a spray booth and a curing oven.
(b) Measuring capture efficiency. If the capture system does not
meet both of the criteria in paragraphs (a)(1) and (2) of this section,
then you must use one of the three protocols described in paragraphs
(c), (d), and (e) of this section to measure capture efficiency. The
capture efficiency measurements use TVH capture efficiency as a
surrogate for organic HAP capture efficiency. For the protocols in
paragraphs (c) and (d) of this section, the capture efficiency
measurement must consist of three test runs and each run must last at
least 3 hours and through a complete production run as long as the
production run does not exceed 8 hours.
(c) Liquid-to-uncaptured-gas protocol using a temporary total
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol
compares the mass of liquid TVH in materials used in the coating
operation, referred to as TVHused, to the mass of TVH
emissions not captured by the emission capture system, referred to as
TVHuncaptured. Use a temporary total enclosure or a building
enclosure and the procedures in paragraphs (c)(1) through (6) of this
section to measure emission capture system efficiency using the liquid-
to-uncaptured-gas protocol.
(1) Either use a building enclosure or construct an enclosure
around the coating operation where coatings, thinners, and cleaning
materials are applied, and all areas where emissions from these applied
coatings and materials subsequently occur, such as flash-off, curing,
and drying areas. The areas of the coating operation where capture
devices collect emissions for routing to an add-on control device, such
as the entrance and exit areas of an oven or spray booth, must also be
inside the enclosure. The enclosure must meet the applicable definition
of a temporary total enclosure or building enclosure in Method 204 of
appendix M to 40 CFR part 51.
(2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to
determine the mass fraction, kg TVH per kg material, of TVH liquid
input from each coating, thinner, and cleaning material used in the
coating operation during each capture efficiency test run. To make the
determination, substitute TVH for each occurrence of the term VOC in
the methods.
(3) Use Equation 1 of this section to calculate TVHused,
the total mass of TVH liquid input from all the coatings, thinners, and
cleaning materials used in the coating operation during each capture
efficiency test run.
[GRAPHIC] [TIFF OMITTED] TP22DE00.033
[[Page 81165]]
Where:
TVHi = Mass fraction of TVH in coating, thinner, or cleaning
material, i, that is used in the coating operation during the capture
efficiency test run, kg TVH per kg material.
Voli = Total volume of coating, thinner, or cleaning
material, i, used in the coating operation during the capture
efficiency test run, liters.
Di = Density of coating, thinner, or cleaning material, i,
kg material per liter material.
n = number of different coatings, thinners, and cleaning materials used
in the coating operation during the capture efficiency test run.
(4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure
TVHuncaptured, the total mass, kg, of TVH emissions that are
not captured by the emission capture system; they are measured as they
exit the temporary total enclosure or building enclosure during each
capture efficiency test run. To make the measurement, substitute TVH
for each occurrence of the term VOC in the methods.
(i) Use Method 204D if the enclosure is a temporary total
enclosure.
(ii) Use Method 204E if the enclosure is a building enclosure.
During the capture efficiency measurement, all organic compound
emitting operations inside the building enclosure, other than the
coating operation for which capture efficiency is being determined,
must be shut down, but all fans and blowers must be operating normally.
(5) For each capture efficiency test run, determine the percent
capture efficiency, CE, of the emission capture system using Equation 2
of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.034
Where:
TVHused = The total mass of TVH liquid input used in the
coating operation during the capture efficiency test run, kg.
TVHuncaptured = The total mass of TVH that is not captured
by the emission capture system and that exits from the temporary total
enclosure or building enclosure during the capture efficiency test run,
kg.
(6) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(d) Gas-to-gas protocol using a temporary total enclosure or a
building enclosure. The gas-to-gas protocol compares the mass of TVH
emissions captured by the emission capture system, referred to as
TVHcaptured, to the mass of TVH emissions not captured,
referred to as TVHuncaptured. Use a temporary total
enclosure or a building enclosure and the procedures in paragraphs
(d)(1) through (5) of this section to measure emission capture system
efficiency using the gas-to-gas protocol.
(1) Either use a building enclosure or construct an enclosure
around the coating operation where coatings, thinners, and cleaning
materials are applied, and all areas where emissions from these applied
coatings and materials subsequently occur, such as flash-off, curing,
and drying areas. The areas of the coating operation where capture
devices collect emissions generated by the coating operation for
routing to an add-on control device, such as the entrance and exit
areas of an oven or a spray booth, must also be inside the enclosure.
The enclosure must meet the applicable definition of a temporary total
enclosure or building enclosure in Method 204 of appendix M to 40 CFR
part 51.
(2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to
measure TVHcaptured, the total mass, kg, of TVH emissions
captured by the emission capture system during each capture efficiency
test run as measured at the inlet to the add-on control device. To make
the measurement, substitute TVH for each occurrence of the term VOC in
the methods.
(i) The sampling points for the Method 204B or 204C measurement
must be upstream from the add-on control device and must represent
total emissions routed from the capture system and entering the add-on
control device.
(ii) If multiple emission streams from the capture system enter the
add-on control device without a single common duct, then the emissions
entering the add-on control device must be simultaneously measured in
each duct and the total emissions entering the add-on control device
must be determined.
(3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to
measure TVHuncaptured, the total mass, kg, of TVH emissions
that are not captured by the emission capture system; they are measured
as they exit the temporary total enclosure or building enclosure during
each capture efficiency test run. To make the measurement, substitute
TVH for each occurrence of the term VOC in the methods.
(i) Use Method 204D if the enclosure is a temporary total
enclosure.
(ii) Use Method 204E if the enclosure is a building enclosure.
During the capture efficiency measurement, all organic compound
emitting operations inside the building enclosure, other than the
coating operation for which capture efficiency is being determined,
must be shut down, but all fans and blowers must be operating normally.
(4) For each capture efficiency test run, determine the percent
capture efficiency, CE, of the emission capture system using Equation 3
of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.035
Where:
TVHcaptured = The total mass of TVH captured by the emission
capture system as measured at the inlet to the add-on control device
during the emission capture efficiency test run, kg.
TVHuncaptured = The total mass of TVH that is not captured
by the emission capture system and that exits from the temporary total
enclosure or building enclosure during the capture efficiency test run,
kg.
(5) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
[[Page 81166]]
(e) Alternative capture efficiency protocol. As an alternative to
the procedures specified in paragraphs (c) and (d) of this section, you
may determine capture efficiency using any other capture efficiency
protocol and test methods that satisfy the criteria of either the DQO
or LCL approach as described in appendix A to subpart KK of this part.
Sec. 63.4166 How do I determine the add-on control device emission
destruction or removal efficiency?
(a) For all types of add-on control devices, use the test methods
as specified in paragraphs (a)(1) through (5) of this section.
(1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as
appropriate, to select sampling sites and velocity traverse points.
(2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR
part 60, as appropriate, to measure gas volumetric flow rate.
(3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as
appropriate, for gas analysis to determine dry molecular weight.
(4) Use Method 4 of appendix A to 40 CFR part 60, to determine
stack gas moisture.
(5) Methods for determining gas volumetric flow rate, dry molecular
weight, and stack gas moisture must be performed, as applicable, during
each test run.
(b) Measure total gaseous organic mass emissions as carbon at the
inlet and outlet of the add-on control device simultaneously, using
Method 25 or 25A of appendix A to 40 CFR part 60. Use Method 25A
instead of Method 25 if you expect the total gaseous organic
concentration as carbon to be 50 parts per million (ppm) or less at the
control device outlet. Use the same method for both the inlet and
outlet measurements.
(c) If two or more add-on control devices are used for the same
emission stream, then you must measure emissions at the outlet of each
device. For example, if one add-on control device is a concentrator
with an outlet for the high-volume, dilute stream that has been treated
by the concentrator, and a second add-on control device is an oxidizer
with an outlet for the low-volume, concentrated stream that is treated
with the oxidizer, you must measure emissions at both outlets.
(d) For each test run, determine the total gaseous organic
emissions mass flow rates for the inlet and the outlet of the add-on
control device, using Equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TP22DE00.036
Where:
Mf = The total gaseous organic emissions mass flow rate, kg/
per hour (h).
Cc = The concentration of organic compounds as carbon in the
vent gas, as determined by Method 25 or Method 25A, parts per million
by volume (ppmv), dry basis.
Qsd = The volumetric flow rate of gases entering or exiting
the control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 2G,
dry standard cubic meters/hour (dscm/h).
0.0416 = Conversion factor for molar volume, kg-mol per cubic meter
(m3) (@ 293 Kelvin (K) and 760 millimeters of mercury
(mmHg)).
(e) For each test run, determine the add-on control device organic
emissions destruction or removal efficiency, DRE, using Equation 2 of
this section.
[GRAPHIC] [TIFF OMITTED] TP22DE00.037
Where:
Mfi = The total gaseous organic emissions mass flow rate at
the inlet to the control device, using Equation 1 of this section, kg/
h.
Mfo = The total gaseous organic emissions mass flow rate at
the outlet of the control device, using Equation 1 of this section, kg/
h.
(f) Determine the emission destruction or removal efficiency of the
add-on control device as the average of the efficiencies determined in
the three test runs and calculated in Equation 2 of this section.
Sec. 63.4167 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
During the performance test required by Sec. 63.4160 and described
in Secs. 63.4164, 63.4165, and 63.4166, you must establish the
operating limits required by Sec. 63.4092 according to this section,
unless you have received approval for alternative monitoring and
operating limits under Sec. 63.8(f) as specified in Sec. 63.4092.
(a) Thermal oxidizers. If your control device is a thermal
oxidizer, establish the operating limits according to paragraphs (a)(1)
and (2) of this section.
(1) During the performance test, you must monitor and record the
combustion temperature at least once every 15 minutes during each of
the three test runs. You must monitor the temperature in the firebox of
the thermal oxidizer or immediately downstream of the firebox before
any substantial heat exchange occurs.
(2) Use the data collected during the performance test to calculate
and record the average combustion temperature maintained during the
performance test. This average combustion temperature is the minimum
operating limit for your thermal oxidizer, unless you are determining
operating limits for multiple operating conditions as specified in
Sec. 63.4164(b)(1) and paragraph (f) of this section.
(b) Catalytic oxidizers. If your control device is a catalytic
oxidizer, establish the operating limits according to paragraphs (b)(1)
and (2) of this section.
(1) During the performance test, you must monitor and record the
temperature just before the catalyst bed and the temperature difference
across the catalyst bed at least once every 15 minutes during each of
the three test runs.
(2) Use the data collected during the performance test to calculate
and record the average temperature just before the catalyst bed and the
average temperature difference across the catalyst bed maintained
during the performance test. These are the minimum operating limits for
your catalytic oxidizer, unless you are determining operating limits
for multiple operating conditions as specified in Sec. 63.4164(b)(1)
and paragraph (f) of this section.
(c) Carbon adsorbers. If your control device is a carbon adsorber,
establish the operating limits according to paragraphs (c)(1) and (2)
of this section.
(1) You must monitor and record the total regeneration desorbing
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle,
and the carbon bed temperature after each carbon bed regeneration and
cooling cycle, for the regeneration cycle either immediately preceding
or immediately following the performance test.
(2) The operating limits for your carbon adsorber are the minimum
total desorbing gas mass flow recorded during the regeneration cycle,
and the maximum carbon bed temperature recorded after the cooling
cycle, unless you are determining operating limits for multiple
operating conditions as specified in Sec. 63.4164(b)(1) and paragraph
(f) of this section.
(d) Condensers. If your control device is a condenser, establish
the operating limits according to paragraphs (d)(1) and (2) of this
section.
(1) During the performance test, you must monitor and record the
condenser outlet (product side) gas temperature at least once every 15
minutes during each of the three test runs.
[[Page 81167]]
(2) Use the data collected during the performance test to calculate
and record the average condenser outlet (product side) gas temperature
maintained during the performance test. This average condenser outlet
gas temperature is the maximum operating limit for your condenser,
unless you are determining operating limits for multiple operating
conditions as specified in Sec. 63.4164(b)(1) and paragraph (f) of this
section.
(e) Emission capture system. For each capture device that is not
part of a PTE that meets the criteria of Sec. 63.4165(a), establish an
operating limit for either the gas volumetric flow rate or duct static
pressure, as specified in paragraphs (e)(1) and (2) of this section.
The operating limit for a PTE is specified in Table 1 of this subpart.
(1) During the capture efficiency determination required by
Sec. 63.4160 and described in Secs. 63.4164 and 63.4165, you must
monitor and record either the gas volumetric flow rate or the duct
static pressure for each separate capture device in your emission
capture system at least once every 15 minutes during each of the three
test runs at a point in the duct between the capture device and the
add-on control device inlet.
(2) Calculate and record the average gas volumetric flow rate or
duct static pressure for the three test runs for each capture device.
This average gas volumetric flow rate or duct static pressure is the
minimum operating limit for that specific capture device, unless you
are determining operating limits for multiple operating conditions as
specified in Sec. 63.4164(b)(1) and paragraph (f) of this section.
(f) Multiple operating conditions. If you are determining operating
limits for multiple operating conditions for the emission capture
system or add-on control device as specified in Sec. 63.4164(b)(1), you
must conduct a performance test under each operating condition and
establish the operating limits for the parameters under each operating
condition according to paragraphs (f)(1) and (2) of this section.
(1) You must monitor and record the value of the parameter that
corresponds to the applicable operating limit during the performance
test under each operating condition.
(2) The average parameter value recorded during the performance
test under each condition is the operating limit for that parameter
when the coating operation is operating under that condition.
Sec. 63.4168 What are the requirements for continuous monitoring
system (CMS) installation, operation, and maintenance?
(a) General. You must install, operate, and maintain each
continuous parameter monitoring system specified in paragraphs (b)
through (f) of this section according to paragraphs (a)(1) through (6)
of this section.
(1) The continuous parameter monitoring system must complete a
minimum of one cycle of operation for each successive 15-minute period.
You must have a minimum of four successive cycles of continuous
parameter monitoring system operation in 1 hour.
(2) You must determine the average of all recorded readings for
each successive 3-hour period of the emission capture system and add-on
control device operation.
(3) You must record the results of each inspection, calibration,
and validation check of the continuous parameter monitoring system.
(4) You must maintain the continuous parameter monitoring system at
all times and have available necessary parts for routine repairs of the
monitoring equipment.
(5) You must operate the continuous parameter monitoring system and
collect emission capture system and add-on control device parameter
data at all times that a controlled coating operation is operating,
except during monitoring malfunctions, associated repairs, and required
quality assurance or control activities (including, if applicable,
calibration checks and required zero and span adjustments).
(6) You must not use emission capture system or add-on control
device parameter data recorded during monitoring malfunctions,
associated repairs, out-of-control periods, or required quality
assurance or control activities when calculating data averages. You
must use all the data collected during all other periods in calculating
the data averages for determining compliance with the emission capture
system and add-on control device operating limits.
(7) A monitoring malfunction is any sudden, infrequent, not
reasonably preventable failure of the continuous parameter monitoring
system to provide valid data. Monitoring failures that are caused in
part by poor maintenance or careless operation are not malfunctions.
Any period for which the monitoring system is out-of-control and data
are not available for required calculations is a deviation from the
monitoring requirements.
(b) Capture system bypass line. You must meet the requirements of
paragraphs (b)(1) and (2) of this section for each emission capture
system that contains bypass lines that could divert emissions away from
the control device to the atmosphere.
(1) You must monitor or secure the valve or closure mechanism
controlling the bypass line in a nondiverting position in such a way
that the valve or closure mechanism cannot be opened without creating a
record that the valve was opened. The method used to monitor or secure
the valve or closure mechanism must meet one of the requirements
specified in paragraphs (b)(2)(i) through (iv) of this section.
(i) Flow control position indicator. Install, calibrate, maintain,
and operate according to the manufacturer's specifications a flow
control position indicator that provides a record indicating whether
the emissions are directed to the control device or diverted from the
add-on control device. The time of occurrence and flow control position
must be recorded, as well as every time the flow direction is changed.
The flow control position indicator must be installed at the entrance
to any bypass line that could divert the emissions away from the add-on
control device to the atmosphere.
(ii) Car-seal or lock-and-key valve closures. Secure any bypass
line valve in the closed position with a car-seal or a lock-and-key
type configuration. You must visually inspect the seal or closure
mechanism at least once every month to ensure that the valve is
maintained in the closed position, and the emissions are not diverted
away from the add-on control device to the atmosphere.
(iii) Valve closure continuous monitoring. Ensure that any bypass
line valve is in the closed (non-diverting) position through continuous
monitoring of valve position. You must inspect the monitoring system at
least once every month to verify that the monitor will indicate valve
position.
(iv) Automatic shutdown system. Use an automatic shutdown system in
which the coating operation is stopped when flow is diverted by the
bypass line away from the add-on control device to the atmosphere when
the coating operation is running. You must inspect the automatic
shutdown system at least once every month to verify that it will detect
diversions of flow and shutdown the coating operation.
(2) If any bypass line is opened, you must include a description of
why the bypass line was opened and the length of time it remained open
in the semiannual compliance reports required in Sec. 63.4120.
(c) Thermal oxidizers and catalytic oxidizers. If you are using a
thermal
[[Page 81168]]
oxidizer or catalytic oxidizer as an add-on control device, you must
comply with the requirements in paragraphs (c)(1) through (3) of this
section:
(1) For a thermal oxidizer, install a gas temperature monitor in
the firebox of the thermal oxidizer or in the duct immediately
downstream of the firebox before any substantial heat exchange occurs.
(2) For a catalytic oxidizer, install gas temperature monitors both
upstream and downstream of the catalyst bed. The temperature monitors
must be in the gas stream immediately before and after the catalyst bed
to measure the temperature difference across the bed.
(3) For all thermal oxidizers and catalytic oxidizers, you must
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of
this section for each gas temperature monitoring device.
(i) Locate the temperature sensor in a position that provides a
representative temperature.
(ii) Use a temperature sensor with a measurement sensitivity of 4
degrees Fahrenheit or 0.75 percent of the temperature value, whichever
is larger.
(iii) Shield the temperature sensor system from electromagnetic
interference and chemical contaminants.
(iv) If a gas temperature chart recorder is used, it must have a
measurement sensitivity in the minor division of at least 20 degrees
Fahrenheit.
(v) Perform an electronic calibration at least semiannually
according to the procedures in the manufacturer's owners manual.
Following the electronic calibration, you must conduct a temperature
sensor validation check in which a second or redundant temperature
sensor placed nearby the process temperature sensor must yield a
reading within 30 degrees Fahrenheit of the process temperature
sensor's reading.
(vi) Conduct calibration and validation checks any time the sensor
exceeds the manufacturer's specified maximum operating temperature
range or install a new temperature sensor.
(vii) At least monthly, inspect all components for integrity and
all electrical connections for continuity, oxidation, and galvanic
corrosion.
(d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle,
the carbon bed temperature after each regeneration and cooling cycle,
and comply with paragraphs (a) and (d)(1) and (2) of this section.
(1) The regeneration desorbing gas mass flow monitor must be an
integrating device having a measurement sensitivity of plus or minus 10
percent, capable of recording the total regeneration desorbing gas mass
flow for each regeneration cycle.
(2) The carbon bed temperature monitor must have a measurement
sensitivity of 1 percent of the temperature recorded or 1 degree
Fahrenheit, whichever is greater, and must be capable of recording the
temperature within 15 minutes of completing any carbon bed cooling
cycle.
(e) Condensers. If you are using a condenser, you must monitor the
condenser outlet (product side) gas temperature and comply with
paragraphs (a) and (e)(1) and (2) of this section.
(1) The gas temperature monitor must have a measurement sensitivity
of 1 percent of the temperature recorded or 1 degree Fahrenheit,
whichever is greater.
(2) The temperature monitor must provide a gas temperature record
at least once every 15 minutes.
(f) Emission capture system monitoring. The capture system
monitoring system must comply with the applicable requirements in
paragraphs (f)(1) and (2) of this section.
(1) For each flow measurement device, you must meet the
requirements in paragraphs (a) and (f)(1)(i) through (v) of this
section.
(i) Locate a flow sensor in a position that provides a
representative flow measurement in the duct from each capture device in
the emission capture system to the add-on control device.
(ii) Use a flow sensor with a measurement sensitivity of 2 percent
of the flow rate.
(iii) Reduce swirling flow or abnormal velocity distributions due
to upstream and downstream disturbances.
(iv) Conduct a flow sensor calibration check at least semiannually.
(v) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(2) For each pressure drop measurement device, you must comply with
the requirements in paragraphs (a) and (f)(2)(i) through (vii) of this
section.
(i) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure drop across each
opening you are monitoring.
(ii) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(iii) Use a gauge with a measurement sensitivity of 0.5 inch of
water or a transducer with a measurement sensitivity of 1 percent of
the pressure range.
(iv) Check pressure tap pluggage daily.
(v) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
(vi) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(vii) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
Other Requirements and Information
Sec. 63.4180 Who implements and enforces this subpart?
(a) This subpart can be administered by us, the U.S. EPA, or a
delegated authority such as your State, local, or tribal agency. If the
U.S. EPA Administrator has delegated authority to your State, local, or
tribal agency (as well as the U.S. EPA), then that agency has the
authority to administer and enforce this subpart. You should contact
your EPA Regional Office to find out if this subpart is delegated to
your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of EPA and are not transferred to the
State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are as follows:
(1) Approval of alternatives to the work practice standards in
Sec. 63.4093 under Sec. 63.6(g).
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f)
and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f) and as defined in Sec. 63.90.
Sec. 63.4181 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
the General Provisions of this part, and in this section as follows:
Add-on control means an air pollution control device, such as a
thermal oxidizer or carbon adsorber, that
[[Page 81169]]
reduces pollution in an air stream by destruction or removal before
discharge to the atmosphere.
Capture device means a hood, enclosure, room, floor sweep, or other
means of containing or collecting emissions and directing those
emissions into an add-on air pollution control device.
Capture efficiency means the portion (expressed as a percentage) of
the pollutants from an emission source that is delivered to an add-on
control device.
Capture system means one or more capture devices intended to
collect emissions generated by a coating operation in the use of
coatings and cleaning materials, both at the point of application and
at subsequent points where emissions from the coatings and cleaning
materials occur, such as flashoff, drying, or curing. As used in this
subpart, multiple capture devices that collect emissions generated by a
coating operation are considered a single capture system.
Cleaning material means a solvent used to remove contaminants and
other materials, such as dirt, grease, oil, and dried or wet coating,
from a substrate before or after coating application or from equipment
associated with a coating operation, such as spray booths, spray guns,
racks, tanks, and hangers. Thus, it includes cleaning materials used
for both substrates and equipment.
Coating means a material applied to a substrate for decorative,
protective, or functional purposes. Such materials include, but are not
limited to, paints, sealants, caulks, inks, adhesives, and maskants.
Decorative, protective, or functional materials that consist only of
protective oils, acids, bases, or any combination of these substances
are not considered coatings for the purposes of this subpart.
Coating operation means any equipment used to prepare a substrate
for coating application (surface preparation) or to clean it after
coating application; to apply coating to a substrate (coating
application); or to clean coating operation equipment and storage,
mixing, and conveying equipment (equipment cleaning). A single coating
operation may include any combination of these types of equipment, but
always includes at least the point at which a coating or cleaning
material is applied and all subsequent points where organic HAP
emissions from that coating or cleaning material occur. There may be
multiple coating operations in an affected source.
Coating solids means the nonvolatile portion of the coating that
makes up the dry film.
Continuous parameter monitoring system means the total equipment
that may be required to meet the data acquisition and availability
requirements of this subpart, used to sample, condition (if
applicable), analyze, and provide a record of coating operation, or
capture system, or add-on control device parameters.
Controlled coating operation means a coating operation from which
some or all of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limit, or operating
limit, or work practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emission limit, or operating limit, or work
practice standard in this subpart during startup, shutdown, or
malfunction, regardless of whether or not such failure is permitted by
this subpart.
Emission limitation means an emission limit, operating limit, or
work practice standard.
Enclosure means a structure that surrounds a source of emissions
and captures and directs the emissions to an add-on control device.
Exempt compound means a specific compound that is not considered a
VOC due to negligible photochemical reactivity. The exempt compounds
are listed in 40 CFR 51.100(s).
Manufacturer's formulation data means data on a material (such as a
coating) that are supplied by the material manufacturer based on
knowledge of the ingredients used to manufacture that material, rather
than based on testing of the material. Manufacturer's formulation data
may include, but are not limited to, information on density, organic
HAP content, and coating solids content.
Mass fraction of organic HAP means the ratio of the mass of organic
HAP to the mass of a material in which it is contained; kg of organic
HAP per kg of material.
Organic HAP content means the mass of organic HAP per volume of
coating solids for a coating, calculated using Equation 2 of
Sec. 63.4141. The organic HAP content is determined for the coating in
the condition it is in when received from its manufacturer or supplier
and does not account for any alteration after receipt.
Permanent total enclosure (PTE) means a permanently installed
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR
part 51, for a PTE and that directs all the exhaust gases from the
enclosure to an add-on control device.
Protective oil means an organic material that is applied to a
substrate for the purpose of providing lubrication or protection from
corrosion without forming a solid film. This definition of protective
oils includes, but is not limited to, lubricating oils, evaporative
oils (including those that evaporate completely), and extrusion oils.
Research or laboratory facility means a facility whose primary
purpose is for research and development of new processes and products,
that is conducted under the close supervision of technically trained
personnel, and is not engaged in the manufacture of final or
intermediate products for commercial purposes, except in a de minimis
manner.
Responsible official means responsible official as defined in 40
CFR 70.2.
Startup, initial means the first time equipment is brought online
in a facility.
Surface preparation means cleaning of part or all of a substrate to
prepare it for coating application.
Temporary total enclosure means an enclosure constructed for the
purpose of measuring the capture efficiency of pollutants emitted from
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
Thinner means an organic solvent that is added to a coating after
the coating is received from the supplier.
Total volatile hydrocarbon (TVH) means the total amount of
nonaqueous volatile organic material determined according to Methods
204A through 204C of appendix M to 40 CFR part 51 and substituting the
term TVH each place in the methods where the term VOC is used. The TVH
includes both VOC and non-VOC.
Uncontrolled coating operation means a coating operation from which
none of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Volatile organic compound (VOC) means any compound defined as VOC
in 40 CFR 51.100(s).
Volume fraction of coating solids means the ratio of the volume of
coating solids (also known as volume of nonvolatiles) to the volume of
coating;
[[Page 81170]]
liters of coating solids per liter of coating.
Wastewater means water that is generated in a coating operation and
is collected, stored, or treated prior to being discarded or
discharged.
Tables
Table 1 to Subpart NNNN. Operating Limits If Using the Emission Rate
With Add-On Controls Option
------------------------------------------------------------------------
And you must
demonstrate
You must meet the continuous
For the following device . . following operating compliance with the
. limit . . . operating limit by .
. .
------------------------------------------------------------------------
(1) Thermal oxidizer........ The average (i) Collecting the
combustion combustion
temperature in any temperature data
3-hour period must according to Sec.
not fall below the 63.4168(c); and
combustion (ii) reducing the
temperature limit data to 3-hour
established block averages; and
according to Sec. (iii) maintaining
63.4167(a). the 3-hour average
combustion
temperature at or
above the
temperature limit.
(2) Catalytic oxidizer...... (a) The average (i) Collecting the
temperature temperature data
measured just according to Sec.
before the catalyst 63.4168(c); and
bed in any 3-hour (ii) Reducing the
period must not data to 3-hour
fall below the block averages; and
limit established (iii) Maintaining
according to Sec. the 3-hour average
63.4167(b). temperature before
the catalyst bed at
or above the
temperature limit.
(b) The average (i) Collecting the
temperature temperature data
difference across according to Sec.
the catalyst bed in 63.4168(c); and
any 3-hour period (ii) Reducing the
must not fall below data to 3-hour
the temperature block averages; and
difference limit (iii) maintaining
established the 3-hour average
according to Sec. temperature
63.4167(b). difference at or
above the
temperature
difference limit.
(3) Carbon adsorber......... (a) The total (i) Measuring the
regeneration total regeneration
desorbing gas desorbing gas
(e.g., steam or (e.g., steam or
nitrogen) mass flow nitrogen) mass flow
for each carbon bed for each
regeneration cycle regeneration cycle
must not fall below according to Sec.
the total 63.4168(d); and
regeneration (ii) Maintaining the
desorbing gas mass total regeneration
flow limit desorbing gas mass
established flow at or above
according to Sec. the mass flow
63.4167(c). limit.
(b) The temperature (i) Measuring the
of the carbon bed, temperature of the
after completing carbon bed, after
each regeneration completing each
and any cooling regeneration and
cycle, must not any cooling cycle,
exceed the carbon according to Sec.
bed temperature 63.4168(d); and
limit established (ii) Maintaining the
according to Sec. carbon bed
63.4167(c). temperature
recorded after
completing each
regeneration and
any cooling cycle
at or below the
temperature limit.
(4) Condenser............... The average (i) Collecting the
condenser outlet condenser outlet
(product side) gas (product side) gas
temperature in any temperature
3-hour period must according to Sec.
not exceed the 63.4168(e); and
temperature limit (ii) Reducing the
established data to 3-hour
according to Sec. block averages; and
63.4167(d). (iii) Maintaining
the 3-hour average
gas temperature at
the outlet at or
below the
temperature limit.
(5) Emission capture system The direction of the (i) Collecting the
that is a PTE according to air flow at all direction of air
Sec. 63.4165(a). times must be into flow, and either
the enclosure; and the facial velocity
in any 3-hour of air through all
period, either the natural draft
average facial openings according
velocity of air to Sec.
through all natural 63.4168(f)(1) or
draft openings in the pressure drop
the enclosure must across the
be at least 3,600 enclosure according
meters per minute to Sec.
(200 feet per 63.4168(f)(2); and
minute), OR the (ii) Reducing the
pressure drop data for facial
across the velocity or
enclosure must be pressure drop to 3-
at least 0.013 mmHg hour block
(0.007 inch H2O), averages; and
as established in (iii) Maintaining
Method 204 of the 3-hour average
appendix M to 40 facial velocity of
CFR part 51. air flow through
all natural draft
openings or the
pressure drop at or
above the facial
velocity limit or
pressure drop
limit, and
maintaining the
direction of air
flow into the
enclosure at all
times.
(6) Emission capture system The average gas (i) Collecting the
that is not a PTE according volumetric flow gas volumetric flow
to Sec. 63.4165(a). rate or duct static rate or duct static
pressure in each pressure for each
duct between a capture device
capture device and according to Sec.
add-on control 63.4168(f); and
device inlet in any (ii) Reducing the
3-hour period must data to 3-hour
not fall below the block averages; and
average volumetric (iii) Maintaining
flow rate or duct the 3-hour average
static pressure gas volumetric flow
limit established rate or duct static
for that capture pressure for each
device according to capture device at
Sec. 63.4167(e). or above the gas
volumetric flow
rate or duct static
pressure limit.
------------------------------------------------------------------------
Table 2 to Subpart NNNN.--Applicability of General Provisions to Subpart NNNN
----------------------------------------------------------------------------------------------------------------
Applicable to subpart
Citation Subject NNNN Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(14)................ General Applicability.. Yes.
Sec. 63.1(b)(1)-(3)................. Initial Applicability Yes.................... Applicability to
Determination. subpart NNNN is also
specified in Sec.
63.4081.
Sec. 63.1(c)(1)..................... Applicability After Yes.
Standard Established.
Sec. 63.1(c)(2)-(3)................. Applicability of Permit No..................... Area sources are not
Program for Area subject to subpart
Sources NNNN.
Sec. 63.1(c)(4)-(5)................. Extensions and Yes.
Notifications.
[[Page 81171]]
Sec. 63.1(e)........................ Applicability of Permit Yes.
Program Before
Relevant Standard is
Set.
Sec. 63.2........................... Definitions............ Yes.................... Additional definitions
are specified in Sec.
63.4181.
Sec. 63.3(a)-(c).................... Units and Abbreviations Yes.
Sec. 63.4(a)(1)-(5)................. Prohibited Activities.. Yes.
Sec. 63.4(b)-(c).................... Circumvention/ Yes.
Severability.
Sec. 63.5(a)........................ Construction/ Yes.
Reconstruction.
Sec. 63.5(b)(1)-(6)................. Requirements for Yes.
Existing, Newly
Constructed, and
Reconstructed Sources.
Sec. 63.5(d)........................ Application for Yes.
Approval of
Construction/
Reconstruction.
Sec. 63.5(e)........................ Approval of Yes.
Construction/
Reconstruction.
Sec. 63.5(f)........................ Approval of Yes.
Construction/
Reconstruction Based
on Prior State Review.
Sec. 63.6(a)........................ Compliance With Yes.
Standards and
Maintenance
Requirements--Applicab
ility.
Sec. 63.6(b)(1)-(7)................. Compliance Dates for Yes.................... Section 63.4083
New and Reconstructed specifies the
Sources. compliance dates.
Sec. 63.6(c)(1)-(5)................. Compliance Dates for Yes.................... Section 63.4083
Existing Sources. specifies the
compliance dates.
Sec. 63.6(e)(1)-(2)................. Operation and Yes.
Maintenance.
Sec. 63.6(e)(3)..................... Startup, Shutdown, and Yes.................... Only sources using an
Malfunction Plan. add-on control device
to comply with the
standard must complete
startup, shutdown, and
malfunction plans.
63.6(f)(1)........................... Compliance Except Yes.................... Applies only to
During Startup, sources using an add-
Shutdown, and on control device to
Malfunction. comply with the
standard
63.6(f)(2)-(3)....................... Methods for Determing Yes....................
Compliance.
63.6(g)(1)-(3)....................... Use of an Alternative Yes....................
Standard.
63.6(h).............................. Compliance With Opacity/ No..................... Subpart NNNN does not
Visible Emission establish opacity
Standards. standards and does not
require continuous
opacity monitoring
systems (COMS).
63.6(i)(1)-(16)...................... Extension of Compliance Yes....................
63.6(j).............................. Presidential Compliance Yes....................
Exemption.
63.7(a)(1)........................... Performance Test Yes.................... Applies to all affected
Requirements--Applicab sources. Additional
ility. requirements for
performance testing
are specified in Secs.
63.4164, 63.4165, and
63.4166.
63.7(a)(2)........................... Performance Test Yes.................... Applies only to
Requirements--Dates. performance tests for
capture system and
control device
efficiency at sources
using these to comply
with the standard.
Section 63.4160
specifies the schedule
for performance test
requirements that are
earlier than those
specified in Sec.
63.7(a)(2).
63.7(a)(3)........................... Performance Tests Yes....................
Required By the
Administrator.
63.7(b)-(e).......................... Performance Test Yes.................... Applies only to
Requirements--Notifica performance tests for
tion, Quality capture system and
Assurance, Facilities control device
Necessary for Safe efficiency at sources
Testing, Conditions using these to comply
During Test. with the standard.
63.7(f).............................. Performance Test Yes.................... Applies to all test
Requirements--Use of methods except those
Alternative Test used to determine
Method. capture system
efficiency.
63.7(g)-(h).......................... Performance Test Yes.................... Applies only to
Requirements--Data performance tests for
Analysis, capture system and
Recordkeeping, control device
Reporting, Waiver of efficiency at sources
Test. using these to comply
with the standard.
Sec. 63.8(a)(1)-(3)................. Monitoring Yes.................... Applies only to
Requirements--Applicab monitoring of capture
ility. system and control
device efficiency at
sources using these to
comply with the
standard. Additional
requirements for
monitoring are
specified in 63.4168.
Sec. 63.8(a)(4)..................... Additional Monitoring No..................... Subpart NNNN does not
Requirements. have monitoring
requirements for
flares.
Sec. 63.8(b)........................ Conduct of Monitoring.. Yes....................
[[Page 81172]]
Sec. 63.8(c)(1)-(3)................. CMS Operation and Yes.................... Applies only to
Maintenance. monitoring of capture
system and control
device efficiency at
sources using these to
comply with the
standard. Additional
requirements for CMS
operations and
maintenance are
specified in Sec.
63.4168.
Sec. 63.8(c)(4)..................... Continuous Monitoring No..................... Section 63.4168
Systems. specifies the
requirements for the
operation of CMS for
capture systems and
control devices at
sources using these to
comply.
Sec. 63.8(c)(5)..................... COMS................... No..................... Subpart NNNN does not
have opacity or
visible emission
standards.
Sec. 63.8(c)(6)..................... CMS Requirements....... No..................... Section 63.4168
specifies the
requirements for
monitoring systems for
capture systems and
control devices at
sources using these to
comply.
Sec. 63.8(c)(7)-(8)................. CMS Out of Control Yes....................
Periods and Reporting.
Sec. 63.8(d)-(e).................... Quality Control Program No..................... Subpart NNNN does not
and CMS Performance require the use of
Evaluation. Performance continuous
emissions monitoring
systems.
Sec. 63.8(f)(1)-(5)................. Use of an Alternative Yes....................
Monitoring Method.
Sec. 63.8(f)(6)..................... Alternative to Relative No..................... Subpart NNNN does not
Accuracy Test. require the use of
continuous emissions
monitoring systems.
Sec. 63.8(g)(1)-(5)................. Data Reduction......... No..................... Sections 63.4163 and
63.4168 specify
monitoring data
reduction.
Sec. 63.9(a)-(d).................... Notification Yes....................
Requirements.
Sec. 63.9(e)........................ Notification of Yes.................... Applies only to capture
Performance Test. system and control
device performance
tests at sources using
these to comply with
the standard.
Sec. 63.9(f)........................ Notification of Visible No..................... Subpart NNNN does not
Emissions/Opacity Test. have opacity or
visible standards.
Sec. 63.9(g)(1)-(3)................. Additional No..................... Subpart NNNN does not
Notifications When require the use of
Using CMS. continuous emissions
monitoring systems.
Sec. 63.9(h)........................ Notification of Yes.................... Section 63.4110
compliance Status. specifies the dates
for submitting the
notification of
compliance status.
Sec. 63.9(i)........................ Adjustment of Submittal Yes.
Deadlines.
Sec. 63.9(j)........................ Change in Previous Yes.
Information.
Sec. 63.10(a)....................... Recordkeeping/ Yes.
Reporting--Applicabili
ty and General
Information.
Sec. 63.10(b)(1).................... General Recordkeeping Yes.................... Additional requirements
Requirements. are specified in Secs.
63.4130 and 63.4131.
Sec. 63.10(b)(2)(i)-(v)............. Recordkeeping Relevant Yes.................... Requirements for
to Startup, Shutdown, Startup, Shutdown, and
and Malfunction Malfunction records
Periods and CMS. only apply to add-on
control devices used
to comply with the
standard.
Sec. 63.10(b)(2)(vi)-(xi)........... ....................... Yes.
Sec. 63.10(b)(2)(xii)............... Records................ Yes.
Sec. 63.10(b)(2)(xiii).............. ....................... No..................... Subpart NNNN does not
require the use of
continuous emissions
monitoring systems.
Sec. 63.10(b)(2)(xiv)............... ....................... Yes.
Sec. 63.10(b)(3).................... Recordkeeping Yes.
Requirements for
Applicability
Determinations.
Sec. 63.10(c)(1)-(6)................ Additional Yes.
Recordkeeping
Requirements for
Sources with CMS.
Sec. 63.10(c)(7)-(8)................ ....................... No..................... The same records are
required in Sec.
63.4120(a)(4).
Sec. 63.10(c)(9)-(15)............... ....................... Yes.
Sec. 63.10(d)(1).................... General Reporting Yes.................... Additional requirements
Requirements. are specified in Sec.
63.4120.
Sec. 63.10(d)(2).................... Report of Performance Yes.................... Additional requirements
Test Results. are specified in Sec.
63.4120(h).
Sec. 63.10(d)(3).................... Reporting Opacity or No..................... Subpart NNNN does not
Visible Emissions require opacity or
Observations. visible emissions
observations.
Sec. 63.10(d)(4).................... Progress Reports for Yes.
Sources with
Compliance Extensions.
[[Page 81173]]
Sec. 63.10(d)(5).................... Startup, Shutdown, and Yes.................... Applies only to add-on
Malfunction Reports. control devices at
sources using these to
comply with the
standard.
Sec. 63.10(e)(1)-(2)................ Additional CMS Reports. No..................... Subpart NNNN does not
require the use of
continuous emissions
monitoring systems.
Sec. 63.10(e)(3).................... Excess Emissions/CMS No..................... Section 63.4120(g)
Performance Reports. specifies the contents
of periodic compliance
reports.
Sec. 63.10(e)(4).................... COMS Data Reports...... No..................... Subpart NNNN does not
specify requirements
for opacity or COMS.
Sec. 63.10(f)....................... Recordkeeping/Reporting Yes....................
Waiver.
Sec. 63.11.......................... Control Device No..................... Subpart NNNN does not
Requirements Flares. specify use of flares
for Flares compliance.
Sec. 63.12.......................... State Authority and Yes.
Delegations.
Sec. 63.13.......................... Addresses.............. Yes.
Sec. 63.14.......................... Incorporation by Yes.
Reference.
Sec. 63.15.......................... Availability of Yes.
Information/
Confidentiality.
----------------------------------------------------------------------------------------------------------------
Table 3 to Subpart NNNN. Organic HAP Content of Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
Average organic
Solvent/solvent blend CAS. No. HAP mass Typical organic HAP, percent by mass
fraction
----------------------------------------------------------------------------------------------------------------
(1) Toluene.......................... 108-88-3 1.0 Toluene.
(2) Xylene(s)........................ 1330-20-7 1.0 Xylenes, ethylbenzene.
(3) Hexane........................... 110-54-3 0.5 n-hexane.
(4) n-Hexane......................... 110-54-3 1.0 n-hexane
(5) Ethylbenzene..................... 100-41-4 1.0 Ethylbenzene.
(6) Aliphatic 140.................... .............. 0 None
(7) Aromatic 100..................... .............. 0.02 1% xylene, 1% cumene
(8) Aromatic 150..................... .............. 0.09 Naphthalene
(9) Aromatic naphtha................. 64742-95-6 0.02 1% xylene, 1% cumene
(10) Aromatic solvent................ 64742-94-5 0.1 Naphthalene
(11) Exempt mineral spirits.......... 8032-32-4 0 None
(12) Ligroines (VM & P).............. 8032-32-4 0 None
(13) Lactol spirits.................. 64742-89-6 0.15 Toluene
(14) Low aromatic white spirit....... 64742-82-1 0 None
(15) Mineral spirits................. 64742-88-7 0.01 Xylenes
(16) Hydrotreated naphtha............ 64742-48-9 0 None
(17) Hydrotreated light distillate... 64742-47-8 0.001 Toluene
(18) Stoddard solvent................ 8052-41-3 0.01 Xylenes
(19) Super high-flash naphtha........ 64742-95-6 0.05 Xylenes
(20) Varsol solvent........ 8052-49-3 0.01 0.5% xylenes, 0.5% ethyl benzene.
(21) VM & P naphtha.................. 64742-89-8 0.06 3% toluene, 3% xylene.
(22) Petroleum distillate mixture.... 68477-31-6 0.08 4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------
Table 4 to Subpart NNNN. Organic HAP Content of Petroleum Solvent Groups
----------------------------------------------------------------------------------------------------------------
Average
content
Solvent type organic HAP Typical organic HAP percent by mass
mass fraction
----------------------------------------------------------------------------------------------------------------
Aliphatic\1\.................... 0.03 1% Xylene, 1% Toluene, and 1% Ethylbenzene.
Aromatic\2\..................... 0.06 4% Xylene, 1% Toluene, and 1% Ethylbenzene.
----------------------------------------------------------------------------------------------------------------
\1\Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic
Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent
Blend.
\2\Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic
Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.
[FR Doc. 00-32023 Filed 12-21-00; 8:45 am]
BILLING CODE 6560-50-P