[Federal Register Volume 66, Number 163 (Wednesday, August 22, 2001)]
[Rules and Regulations]
[Pages 44218-44250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20895]
[[Page 44217]]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants for Boat
Manufacturing; Final Rule
Federal Register / Vol. 66, No. 163 / Wednesday, August 22, 2001 /
Rules and Regulations
[[Page 44218]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7039-4]
RIN 2060-AG27
National Emission Standards for Hazardous Air Pollutants for Boat
Manufacturing
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for new and existing boat
manufacturing facilities. The processes regulated include fiberglass
resin and gel coat operations, carpet and fabric adhesive operations,
and aluminum recreational boat painting operations. The EPA has
identified boat manufacturing as a major source of hazardous air
pollutants (HAP), such as styrene, methyl methacrylate (MMA), methylene
chloride (dichloromethane), toluene, xylene, n-hexane, methyl ethyl
ketone (MEK), methyl isobutyl ketone (MIBK), and methyl chloroform
(1,1,1-trichloroethane). The NESHAP will implement section 112(d) of
the Clean Air Act (CAA) by requiring all major sources to meet HAP
emission standards reflecting the application of the maximum achievable
control technology (MACT). We estimate the final NESHAP will reduce
nationwide emissions of HAP from these facilities by 3,450 tons per
year (tpy) (approximately 35 percent from the 1997 level of emissions).
EFFECTIVE DATE: August 22, 2001.
ADDRESSES: Docket. Docket No. A-95-44 contains the information
considered by EPA in developing the NESHAP. This docket is located at
the U.S. EPA, Air and Radiation Docket and Information Center (Mail
Code 6102), 401 M Street, SW, Room M-1500, Waterside Mall, Washington,
DC 20460. The docket may be inspected from 8 a.m. to 5:30 p.m., Monday
through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: For further information concerning
applicability and rule determinations, contact the appropriate State or
local agency representative. If no State or local representative is
available, contact the EPA Regional Office staff listed in Sec. 63.13.
For information concerning the analyses performed in developing the
NESHAP, contact Mr. Mark Morris, Organic Chemicals Group, Emission
Standards Division (MD-13), U.S. EPA, Research Triangle Park, North
Carolina 27711, (919) 541-5416, [email protected].
SUPPLEMENTARY INFORMATION: Docket. The docket is an organized and
complete file of all the information considered by the 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 Docket by
calling (202) 260-7548. A reasonable fee may be charged for copying
docket materials.
Public Comments. The NESHAP for boat manufacturing were proposed on
July 14, 2000 (65 FR 43842) and 27 comment letters were received on the
proposal. The comment letters are available in Docket No. A-95-44,
along with a summary of the comment letters and EPA's responses to the
comments. In response to the public comments, EPA adjusted the final
NESHAP where appropriate.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's final NESHAP will also be available on
the WWW through the Technology Transfer Network (TTN). Following the
Administrator's signature, a copy of the NESHAP will be posted on the
TTN's policy and guidance page for newly proposed or final rules at
http://www.epa.gov/ttn/oarpg/t3pfpr.html. 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.
Regulated Entities. Categories and entities potentially regulated
by this action include:
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NAICS SIC
Category code code Examples of regulated entities
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Industrial................................... 336612 3732 Boat manufacturing facilities that perform
fiberglass production operations or aluminum
coating operations.
....... 3731 Shipbuilding and repair facilities that perform
fiberglass production operations.
Federal Government........................... 336612 3731 Federally owned facilities (e.g., Navy
3732 shipyards) that perform fiberglass production
operations.
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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. Not all facilities classified under the NAICS or SIC codes are
affected. Other types of entities not listed could be affected. To
determine whether your facility is regulated by this action, you should
examine the applicability criteria in Sec. 63.5683 of the final NESHAP.
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.
Judicial Review: The NESHAP for boat manufacturing facilities were
proposed on July 14, 2000 (65 FR 43842). This action announces EPA's
final decisions on the NESHAP. Under section 307(b)(1) of the CAA,
judicial review of the final NESHAP is available by filing a petition
for review in the U.S. Court of Appeals for the District of Columbia
Circuit by October 22, 2001. Only those objections to the NESHAP which
were raised with reasonable specificity during the period for public
comment may be raised during judicial review. Under section 307(b)(2)
of the CAA, the requirements that are the subject of today's final
NESHAP may not be challenged later in civil or criminal proceedings
brought by EPA to enforce these requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Introduction
A. What is the purpose of the NESHAP?
B. What is the statutory authority for NESHAP?
C. What processes and operations constitute boat manufacturing?
II. Summary of the Final NESHAP
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A. What sources and operations are subject to the NESHAP?
B. What pollutants are regulated?
C. What do the final NESHAP require?
D. What is the MACT model point value and how is it used in the
final NESHAP?
E. When must I comply?
F. How do I demonstrate compliance?
G. How do I demonstrate compliance if I use an enclosure and an
add-on control device?
III. Summary of Environmental, Energy, and Economic Impacts
A. What facilities are affected by the NESHAP?
B. What are the air quality impacts?
C. What are the water quality impacts?
D. What are the solid and hazardous waste impacts?
E. What are the energy impacts?
F. What are the cost impacts?
G. What are the economic impacts?
IV. Summary of Changes Since Proposal
A. Operations Not Covered by the NESHAP
B. Determining Whether a Facility is a Major Source or Area
Source
C. Open Molding Resin and Gel Coat Operations
D. Standards for Resin and Gel Coat Mixing Operations
E. Standards for Resin and Gel Coat Application Equipment
Cleaning Operations
F. Standards for Carpet and Fabric Adhesive Operations
G. Standards for Aluminum Recreational Boat Surface Coating
Operations
H. Methods for Determining Hazardous Air Pollutant Content
I. Notifications, Reports, and Records
J. Definitions
V. Summary of Responses to Major Comments
A. Open Molding Operations
B. Filled Tooling Resins
C. Standards for Closed Molding Resin Operations
D. Standards for Aluminum Recreational Boat Surface Coating
Operations
E. Methods for Determining Hazardous Air Pollutant Content
F. Notifications, Reports, and Records
G. Pollution Prevention
VI. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13175, 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
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. Congressional Review Act
J. Executive Order 13211 (Energy Effects)
I. Introduction
A. What Is the Purpose of the NESHAP?
The purpose of the final NESHAP is to protect the public health by
reducing emissions of HAP from boat manufacturing facilities.
B. What Is the Statutory Authority for NESHAP?
Section 112 of the CAA requires that we promulgate standards for
the control of HAP from both new and existing major sources. A major
source of HAP is defined as any stationary source or group of
stationary sources within a contiguous area and under common control
that emits or has the potential to emit, considering controls, in the
aggregate, 10 tpy or more of any single HAP or 25 tpy or more of
multiple HAP.
The CAA requires the standards to reflect the maximum degree of
reduction in emissions of HAP that is achievable taking into
consideration the cost of achieving the emissions reductions, any non-
air-quality health and environmental impacts, and energy requirements.
This level of control is commonly referred to as the MACT.
We based the final NESHAP for boat manufacturing for new and
existing sources on the MACT floor control level. 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 all major
HAP emission sources achieve the level of control already achieved by
the better-controlled and lower-emitting sources in each category. 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 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 5 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 the floor based on the consideration of cost, non-air-quality
health and environmental impacts, and energy requirements.
C. What Processes and Operations Constitute Boat Manufacturing?
The final NESHAP regulate fiberglass boat and aluminum recreational
boat manufacturing operations. The emissions from these boat
manufacturing operations and processes are fugitive in nature. Fugitive
emissions result from HAP evaporating from the resins, gel coats,
solvents, adhesives, and surface coatings used in manufacturing
processes. The following paragraphs provide a brief description of the
operations found at boat manufacturing facilities.
Fiberglass boat manufacturing operations. Fiberglass boats are
built from glass fiber reinforcements laid in a mold and saturated with
a polyester or vinylester plastic resin. The resin hardens to form a
rigid plastic part reinforced with the fiberglass. The resin is mixed
with a catalyst as it is applied that causes a cross-linking reaction
between the resin molecules. The cross-linking reaction causes the
resin to harden from a liquid to a solid.
Fiberglass manufacturing processes are generally considered either
``open molding'' or ``closed molding.'' In open molding, fiberglass
boat parts are built ``from the outside in'' according to three basic
process steps:
(1) The mold is sprayed with a layer of gel coat, which is a
pigmented polyester resin that hardens and becomes the smooth outside
surface of the part.
(2) The inside of the hardened gel coat layer is coated with a
``skin coat'' of chopped glass fibers and polyester or vinylester
resin.
(3) Additional layers of fiberglass cloth or chopped glass fibers
saturated with resin are added until the part is the final thickness.
The same basic process is used to build or repair molds with
tooling gel coat and tooling resin.
In closed molding, the resin is applied to fabric placed between
the halves of a two-piece mold. Three basic types of closed molding
used in boat manufacturing are resin infusion molding, resin transfer
molding, and compression molding with sheet molding compound.
The polyester and vinylester resins that are used in fiberglass
boat manufacturing contain styrene as a solvent and a cross-linking
agent. Gel coats also contain MMA as a solvent, and styrene. Styrene
and MMA are HAP, and a fraction evaporates during resin and gel coat
application and curing. Resins and gel coats containing styrene and MMA
are also used to make the molds used in producing fiberglass parts.
Mixing is done to stir the resin or gel coat and promoters,
fillers, or other additives before being applied to the parts. Some HAP
from the resin and gel coat are emitted during the mixing process.
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Resin and gel coat application equipment requires solvent cleaning
to remove uncured resin or gel coat when not in use. The resin or gel
coat will catalyze in the hoses or gun if not flushed with a solvent
after each use.
Fabric and carpet adhesive operations. The interiors of many types
of fiberglass boats and aluminum recreational boats are covered with
carpeting or fabric to improve appearance, provide traction, or deaden
sound. The material is bonded to the interior with contact adhesives.
These adhesives often contain HAP solvents, such as methylene chloride,
toluene, xylenes, and methyl chloroform (1,1,1-trichloroethane). The
solvents evaporate as the adhesives dry.
Aluminum recreational boat surface coatings. Aluminum recreational
boat hull topsides and decks are painted with coatings applied with
spray guns. These coatings may be high-gloss polyurethane coatings or
low-gloss single-part coatings. These surface coatings often contain
HAP solvents, such as toluene, xylenes, and isocyanates.
The HAP-containing solvents are also used to clean surfaces before
finishing (wipedown solvents) and for cleaning paint and coating spray
guns.
II. Summary of the Final NESHAP
This preamble section discusses the final NESHAP as they apply to
``you,'' the owner or operator of a new or existing boat manufacturing
facility.
A. What Sources and Operations Are Subject to the NESHAP?
The final NESHAP will regulate organic HAP from major sources that
manufacture aluminum recreational boats (that is, noncommercial and
nonmilitary aluminum boats) or all types of fiberglass boats. Coating
operations on vessels used for commercial and military purposes are
covered by the shipbuilding and repair NESHAP (40 CFR part 63, subpart
II).
The final NESHAP apply to fiberglass boat manufacturers making all
sizes and types of fiberglass boats using the operations listed below:
All open molding operations, including pigmented gel coat,
clear gel coat, production resin, tooling resin, and tooling gel coat.
All closed molding resin operations.
All resin and gel coat application equipment cleaning.
All resin and gel coat mixing operations.
All carpet and fabric adhesive operations.
The final NESHAP apply to aluminum recreational boat manufacturing
facilities performing the operations listed below:
All aluminum recreational boat surface coating and
associated spray gun cleaning and wipedown solvent operations.
All carpet and fabric adhesive operations.
B. What Pollutants Are Regulated?
The final NESHAP regulate the total organic HAP content in the
materials used in each regulated operation. The final NESHAP do not set
limits for individual species of HAP. The HAP emitted by boat
manufacturing facilities typically include styrene, MMA, toluene,
xylenes, methyl chloroform (1,1,1-trichloroethane), MEK, n-hexane, and
MIBK. However, the total organic HAP content limit includes all organic
HAP listed in section 112(b) of the CAA.
C. What do the Final NESHAP Require?
The final NESHAP have various formats for the different operations
being regulated. For open molding resin and gel coat operations, you
must comply with a HAP emission limit that is calculated for your
facility using MACT model point value equations, which are described in
section II.D.
You can demonstrate compliance with the HAP emission limit for your
facility either by (1) averaging emissions with the MACT model point
value equations, (2) complying with equivalent material HAP content
limits for each type of open molding operation, or (3) using an add-on
control device. The HAP emissions limit and equivalent HAP content
limits are the same for new and existing sources. You may use averaging
for all of your open molding operations or only for some of them. For
those operations not included in the emissions average, you must comply
with one of the alternative provisions.
For resin operations, different HAP content limits apply to
atomized and nonatomized resin application methods. The HAP content
limits for open molding are presented in Table 2 to subpart VVVV. If
you use an add-on control device to meet the emissions limit, the
emissions limit is calculated using the MACT model point value
equations and is in units of kilograms (kg) of organic HAP per megagram
of resin or gel coat consumed.
As stated above, you may use a combination of compliance options
for the different resin and gel coat operations within your facility.
For example, a hull production line may use several resins and gel
coats. You may choose to use a laminating resin that complies with the
appropriate HAP content limit, but decide to use the averaging approach
for the skin coat resin and the production gel coats. In another
example, you could include in the average all production resins and
pigmented gel coats at your facility, but decide not to include clear
gel coat, tooling resin, and tooling gel coat. You could also use
averaging to use a mix of atomized and nonatomized resin application
methods but at different HAP contents from those in Table 2 to subpart
VVVV.
Other operations regulated by the final NESHAP will be subject to
work practice requirements or HAP content limits. Resin and gel coat
mixing containers with a capacity of 208 liters (55 gallons) or more
must be covered. Routine resin and gel coat application equipment
cleaning operations must use solvents containing no more than 5 percent
organic HAP, but solvents used to remove cured resin or gel coat from
equipment are exempt. The containers used to hold the exempt solvent
and to clean equipment with cured resin and gel coat must be covered.
Carpet and fabric adhesive operations must use adhesives containing no
more than 5 percent organic HAP.
Aluminum recreational boat wipedown solvents and surface coatings
are subject to HAP content limits. Aluminum recreational boat spray gun
cleaning operations are subject to a work practice requirement.
Compliance with the emissions limits in the final NESHAP is based
on a 12-month rolling average except when an add-on control device is
used. At the end of every month, you determine compliance for each
operation based on the HAP content and material consumption data
collected over the past 12 months. When an add-on control device is
used, compliance is determined through emissions testing and subsequent
monitoring.
D. What Is the MACT Model Point Value and How Is it Used in the Final
NESHAP?
The MACT model point value is a number calculated for each open
molding operation and is a surrogate for emissions. The MACT model
point value is a way to rank the relative performance of different
resin and gel coat emissions reduction techniques. This approach allows
you to create control strategies using different resin and gel coat
emissions reduction techniques. The final NESHAP provide equations to
calculate MACT model point values based on HAP content and application
method for each material
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that you use. These MACT model point values are then averaged and
compared to limits in the final NESHAP to determine if your open
molding operations are in compliance.
The MACT model point values have units of kg of HAP per megagram of
resin or gel coat applied. It is important to note that the MACT model
point values are surrogates for emissions, and the MACT model point
value equations are used only for determining compliance with the
emission limits for open molding operations. The MACT model point value
equations should not be used in other environmental programs for
estimating emissions in place of true emission factor equations or
site-specific data.
The MACT model point value equations account only for HAP content
and application method. Other factors (including curing time, part
thickness, and operator technique) can have significant effects on
emissions, but these factors are not accounted for in the MACT model
point value equations. Determining the HAP content of materials and the
method of application is relatively easy, but it is difficult to
determine the other factors. Also, part thickness and curing time can
be specific to the part being manufactured, so limiting these factors
would impede production. Therefore, factors other than HAP content and
application method are not included in the MACT model point value
equations.
E. When Must I Comply?
Existing boat manufacturing facilities must comply within 3 years
of August 22, 2001. New sources that commence construction after July
14, 2000 must comply by August 22, 2001 or upon startup, whichever is
later. Existing and new area sources that become major sources after
August 22, 2001 must comply within 1 year after becoming a major source
or within 3 years of August 22, 2001, whichever is later.
The CAA instructs EPA to establish a compliance date or dates for
existing sources that will provide for compliance ``as expeditiously as
practicable, but in no event later than 3 years after the effective
date.''
Existing sources using pollution prevention approaches for
compliance will need to make changes in application equipment and raw
materials. We believe these sources need the full 3-year period
provided by the CAA to evaluate different resins, gel coats, carpet and
fabric adhesives, or aluminum recreational boat surface coatings and
the effects of these changes on production processes and product
performance. In addition, we believe that providing the maximum amount
of allowable time will encourage more sources to use compliant
materials rather than emissions averaging, thereby reducing the amount
of records and paperwork needed to demonstrate initial and continuous
compliance.
If an existing source chooses to use an add-on control device to
comply, the full 3 years provided by the CAA is necessary to allow
sufficient time to design, purchase, install, and work out operational
problems that occur in trying to start up a new control device.
F. How Do I Demonstrate Compliance?
Unless you are using an add-on control device, you must measure and
record the HAP content of all the materials regulated by the final
NESHAP. You may determine HAP content using test methods specified in
the NESHAP, or you may use documentation provided by the material
manufacturer, such as a material safety data sheet (MSDS), to show
compliance. Although you may use either the test methods specified in
the NESHAP or the manufacturer's documentation to show compliance, we
will use the test method results to determine compliance if they differ
from the manufacturer's documentation.
Compliance with the HAP content limits is based on the weighted-
average HAP content for each material on a 12-month rolling-average
basis. Compliance is determined at the end of every month (12 times per
year) based on the past 12 months of data. To determine weighted-
average HAP content, you will also need to monitor and record the
amount of each regulated material used per month, as well as HAP
content. On the compliance date, new and existing sources must begin
collecting the data needed to demonstrate compliance.
If all of the material in a particular operation meets the
applicable HAP content limit, then you will not need to record the
amount of material used. Likewise, you will not need to perform and
record any calculations to determine weighted-average HAP content.
For open molding resin and gel coat operations, how you show
compliance will depend on which compliance option you choose. For
example, if you choose to average among several open molding resin and
gel coat operations, you will have greater operating flexibility, but
you will also need to do more recordkeeping and calculations to show
compliance than if you comply with each individual HAP content limit.
Also, you must complete an implementation plan for the open molding
operations at your facility that are included in an averaging option.
The implementation plan must describe the resin and gel coat materials
you plan to use, their HAP contents, and how you will apply those
materials so that you are in compliance. The plan must also include
calculations showing that your choice of materials and application
methods will achieve compliance.
You must keep records of the HAP content of all materials that are
subject to HAP content limits. You must also keep records of the amount
of material used and any calculations you perform to determine
compliance using weighted-average HAP contents or the averaging option
for open molding operations. Every month, you must inspect the covers
required by the work practice standards for resin and gel coat mixing
containers and aluminum recreational boat coating spray gun cleaners.
You must also keep records of the results of these inspections and any
repairs made to the covers. All records must be kept for 5 years (at
least the last 2 years of records must be kept onsite). After the
initial compliance demonstration, all sources must complete semiannual
compliance reports.
Today's final NESHAP contain the specific monitoring,
recordkeeping, and reporting requirements for each regulated operation.
G. How Do I Demonstrate Compliance if I Use an Enclosure and an Add-On
Control Device?
If you use an enclosure (such as a spray booth) and add-on control,
you must use EPA Method 204 to prove that the enclosure is a total
enclosure. If the enclosure is not a total enclosure, you must use a
temporary enclosure to measure the fugitive emissions from the
enclosure and the control device. Stack testing is used to determine
compliance with the emissions limit. You must use either EPA Method 25A
to measure emissions as total hydrocarbons (as a surrogate for total
HAP) or EPA Method 18 for specific HAP. New and existing sources that
comply using add-on control devices must conduct the required
performance testing no later than 180 days after the compliance date.
During and after the initial performance test, you must monitor and
record certain control device parameters to ensure that the control
device continues to be operated as it was during the test. For example,
for thermal oxidizers you must monitor and record combustion
temperature and maintain the temperature above an allowable minimum
value. For control devices other than thermal oxidizers, you must
[[Page 44222]]
identify parameters that demonstrate proper control device operation
and have these parameters approved by the EPA. Monitored operating
parameters must be kept within the allowable ranges to demonstrate
compliance with the control device operating requirements.
III. Summary of Environmental, Energy, and Economic Impacts
A. What Facilities Are Affected by the NESHAP?
There are approximately 119 existing facilities manufacturing
fiberglass boats or aluminum recreational boats that are major sources
and will be subject to the final NESHAP. The rate of growth for the
boat manufacturing industry is estimated to be five new facilities per
year for the next 5 years.
B. What Are the Air Quality Impacts?
The 1997 baseline emissions from the boat manufacturing industry
are estimated at 9,920 tpy. The final NESHAP will reduce HAP from
existing sources by 3,450 tpy from the baseline level, a reduction of
35 percent.
The final NESHAP will not result in any increase in other air
pollution emissions. While combustion devices can result in increased
sulfur dioxide and nitrogen oxide emissions, we do not expect anyone to
comply by installing new combustion devices during the next 5 years.
C. What Are the Water Quality Impacts?
We estimate that the final NESHAP will have no adverse water
quality impacts. We do not expect anyone to comply by using add-on
control devices or process modifications that will generate wastewater.
D. What Are the Solid and Hazardous Waste Impacts?
We estimate that the final NESHAP will decrease the amount of solid
waste generated by the boat manufacturing industry by approximately 400
tpy. The decrease in solid waste is directly related to switching to
nonatomized resin application equipment (e.g., flowcoaters and resin
rollers). Switching to flowcoaters decreases overspray because of the
greater transfer efficiency of resin from flowcoaters to the part being
manufactured. A decrease in overspray consequently reduces the amount
of waste from disposable floor coverings, cured resin waste, and
personal protective equipment (PPE) for workers. Disposable floor
coverings are replaced on a periodic basis to prevent resin buildup on
the floor. We estimate that solid waste generation of floor coverings
will decrease by approximately 350 tpy, and that cured resin solid
waste will decrease by approximately 50 tpy.
Decreased overspray from flowcoaters will result in a decreased
usage of PPE, which also reduces the amount of solid waste. Workers who
use flowcoaters typically wear less PPE than when using spray guns
because of the reduced presence of resin aerosols and lower styrene
levels in the workplace. Because we did not have information on the
many different types of PPE currently used, we did not estimate this
decrease in solid waste.
Some facilities that switch from spray guns to flowcoaters may have
a small increase of hazardous waste from the used flowcoater cleaning
solvents. However, most facilities will not see an increase, and the
overall impact on the industry will be small relative to the solid
waste reductions. Nearly all flowcoaters require resin and catalyst to
be mixed inside the gun (internal-mix) and must be flushed when work is
stopped for more than a few minutes. External-mix spray guns do not
need to be flushed because resin is mixed with catalyst outside the
gun. Facilities that switch from external-mix spray guns to flowcoaters
will use more solvent. Solvent usage should not change at facilities
switching from internal-mix spray guns to flowcoaters.
The most common flushing solvents are acetone and water-based
emulsifiers. Only a couple of ounces of solvent are typically needed to
flush the mixing chamber and nozzle of flowcoaters and internal- mix
spray guns. We have observed during site visits that this small
quantity of solvent is usually sprayed into the air or onto the floor
coverings and allowed to evaporate.
We do not have adequate data to predict the potential solvent waste
impact from switching to flowcoaters. The magnitude of the impact
depends on the type of gun currently used (internal-or external-mix),
the frequency of flushing, and the type of solvent used. However,
because of the small amount of solvent used, and since most is allowed
to evaporate, we believe the overall solvent waste increase will be
small compared to the solid waste reductions.
E. What Are the Energy Impacts?
Compliance with the NESHAP is not expected to cause any increase in
energy consumption at new or existing facilities. No new or existing
facilities are expected to install add-on control devices to comply
with the final NESHAP in the first 5 years after promulgation. One
facility currently uses a thermal oxidizer to control some of their
styrene and MMA emissions from fiberglass boat manufacturing
operations.
F. What Are the Cost Impacts?
We estimate that nationwide annual compliance costs for the
existing facilities will be $14 million. This estimate includes
annualized capital costs and increased material costs for purchasing
more expensive, lower-HAP materials. Annual costs also include
monitoring, recordkeeping, and reporting costs. The estimated annual
cost of reduced HAP is $4,060/ton.
The capital costs will be for the purchase of new resin application
equipment, resin mixer covers, and adhesive application equipment. The
estimated cost of new resin application equipment (flowcoaters) is
$6,000 per unit (includes flowcoater, hoses, and resin and catalyst
pumps). The estimated cost of new adhesive application equipment is
also approximately $6,000 per unit. The resin and gel coat mixer covers
will be approximately $180 per year per container.
No capital costs are predicted for mold construction or aluminum
recreational boat surface coating operations.
G. What Are the Economic Impacts?
The EPA prepared an economic impact analysis to evaluate the
primary and secondary impacts of the proposed and final NESHAP on the
boat manufacturing market, consumers, and society. Because the
characteristics of boats vary greatly throughout the industry, we
evaluated the market by assessing the impacts on six separate market
segments of the industry, including: outboard boats, inboard runabouts/
sterndrive, inboard cruisers/yachts, jet boats/personal watercraft,
sailboats, and canoes. The total annualized social cost (in 1994
dollars) of the final NESHAP on the industry is $13.0 million, which is
0.2 percent of total baseline revenue. Generally, the analysis
indicates a minimal change in market prices and quantity of boats sold.
Imports will increase negligibly, with a corresponding decrease in
exports. The analysis also suggests a loss (at the maximum) of 48
employees out of the 51,500 employees in the industry. The impacts on
specific market segments are summarized in the table below.
[[Page 44223]]
Table 2.--Economic Impact of Final NESHAP on Boat Market Segments
------------------------------------------------------------------------
Change in market
Boat market segment Change in price output
------------------------------------------------------------------------
Outboard Boats.................... 0.1% -0.3%
Inboard Runabouts/Sterndrive...... 0.1% -0.1%
Inboard Cruisers/Yachts........... 0.0% -0.0%
Jet Boats/Personal Watercraft..... 0.0% -0.0%
Sailboats......................... 0.1% -0.2%
Canoes............................ 0.1% -0.1%
------------------------------------------------------------------------
The analysis also predicts the number of facilities that will close
as a result of the cost of complying with the final NESHAP. The EPA
used market level information on total predicted change in quantity to
infer how many plants would close if the quantity decrease was borne
entirely by one (or more) facility. For example, if the market analysis
predicts that 1,000 fewer boats are produced and the average facility
produces 500 boats, then the impact is equivalent to two facility
closures. Using this approach, the predicted reduction in quantity did
not equal even one facility closure in any of the six market segments.
While this does not mean that no facilities will close as a result of
the final NESHAP, it does indicate that the final NESHAP has minimal
total impacts, and that any facility closure will likely be the result
of poor baseline cost conditions rather than a direct result of the
compliance burden.
IV. Summary of Changes Since Proposal
In response to comments received on the proposed NESHAP and after
further analysis, the following changes have been made.
A. Operations Not Covered by the NESHAP
The exemptions in the applicability section of the final NESHAP
(Sec. 63.5683(d)) have been revised to clarify that the NESHAP do not
apply to adhesives that are used to bond aluminum parts or other parts
that are not fiberglass. This exemption does not apply to carpet and
fabric adhesives, which are regulated by the NESHAP. We are also
exempting research and development activities and activities in
analytical laboratories. A definition of research and development
activity has been added to Sec. 63.5779 of the final NESHAP.
B. Determining Whether a Facility Is a Major Source or Area Source
Section 63.5686(b) contains material consumption restrictions that
allow a source to limit their potential to emit HAP to much less than
the major source thresholds without otherwise obtaining a federally
enforceable operating permit. We have added a third material
consumption restriction that boat manufacturers may use to demonstrate
they are not a major source. In the new method, a fiberglass or
aluminum recreational boat manufacturing facility is an area source and
exempt from the standards if the materials consumed per year at the
facility contain less than 5 tons of a single HAP and less than 12.5
tons of a combination of HAP. The two methods included in the NESHAP at
proposal have been retained in the final NESHAP. The usage limits
ensure that a facility's potential and actual emissions of HAP are
below the major source thresholds of 10 tons of a single HAP and 25
tons of a combination of HAP.
The final NESHAP contain additional modifications to these
provisions to ensure that the usage limits will keep actual emissions
from most facilities substantially below the major thresholds. These
modifications include a requirement that at least 90 percent of annual
HAP emissions from the facility must come from the fiberglass boat
manufacturing operations or the aluminum recreational boat
manufacturing operations. If the facility has sources of HAP emissions
other than these materials, the owner or operator must keep any records
necessary to demonstrate that the facility meets the 90 percent
criterion.
The final NESHAP also require owners and operators to maintain
records to demonstrate that they do not exceed the annual material or
HAP usage rates, based on a 12-month rolling-average basis. These
records include monthly usage records for the following: all resins and
gel coats used in fiberglass boat manufacturing operations; carpet and
fabric adhesives; surface wipedown solvents, application gun cleaning
solvents, and paints and coatings used in aluminum recreational boat
manufacturing operations; documentation of HAP content (if needed); and
any other records necessary to document emissions from source
categories other than boat manufacturing.
A facility may exceed the usage limits and still remain an area
source exempt from the standards if, before exceeding the limit, the
facility obtains other limits (such as a federally enforceable State
operating limit on their potential to emit) that keep its potential to
emit HAP below the major source thresholds. If a facility exceeds the
usage limits and does not have some other limit on its potential to
emit, the facility becomes a major source and thereafter must comply
with the standards on the applicable compliance date in the NESHAP.
These provisions prevent facilities from alternating between area-
source and major-source status while evading major source requirements.
Also, these provisions make it possible from a legal standpoint to
consider the usage cutoff levels as limiting a source's potential to
emit HAP.
C. Open Molding Resin and Gel Coat Operations
The standards for open molding operations in Sec. 63.5698 have been
revised to include exemptions for several specialty materials.
Production resins (including skin coat resins) used to build military
vessels that must meet military specifications and those used on
vessels built to U.S. Coast Guard specifications for lifesaving
equipment and small passenger vessels will be exempt from the
production resin HAP content limits. Pure 100 percent vinylester resins
that are used for skin coats will also be exempt from the production
resin HAP content limits; the exempt resin cannot exceed 5 percent of
total production resin usage. However, these specialty production
resins and 100 percent vinylester skin coat resins must be applied with
nonatomized (non-spray) application equipment. Gel coat materials that
are used for part and mold repair and touch up will be exempt from the
open molding standards. The gel coat materials included in this
exemption must not exceed 1 percent of the total gel coat used at that
facility on a 12-month rolling-average basis.
[[Page 44224]]
The final NESHAP contain a new section (Sec. 63.5714) which
specifies procedures for calculating compliance for filled tooling and
production resins based on the as-applied MACT model point value for
the filled resin.
D. Standards for Resin and Gel Coat Mixing Operations
Section 63.5731 has been revised to clarify that the standards for
resin and gel coat mixing operations apply to on-site mixing of putties
and polyputties.
E. Standards for Resin and Gel Coat Application Equipment Cleaning
Operations
Section 63.5734 has been revised such that all solvents (both
virgin and recycled) that are used for routine resin and gel coat
application equipment cleaning are subject to the same 5 percent
organic HAP content limit. Solvents used for removing cured resin or
gel coat from application equipment are not subject to the 5 percent
organic HAP content limit.
Section 63.5737 has been revised to state that if a cleaning
solvent is recycled (either on-site or off-site), a boat manufacturer
may use a certification or measurement of the HAP content of the
material as originally purchased from the material supplier for
demonstrating compliance. The requirement in Sec. 63.5737(b) for
operators to record the amount of recycled solvent they purchase has
been deleted.
The requirements for cured resin and gel coat solvent cleaning
operations in Sec. 63.5734(b) have been revised so they are the same as
the requirements in Sec. 63.462 of 40 CFR part 63, subpart T (national
emission standards for halogenated solvent cleaning), for containers
holding more than 2 gallons of halogenated solvent. In addition, the
final NESHAP state that solvent containers used for cleaning cured
resin and gel coat from equipment are exempt from subpart T.
F. Standards for Carpet and Fabric Adhesive Operations
The HAP content limit for carpet and fabric adhesives in
Sec. 63.5740 has been changed such that all carpet and fabric adhesives
must contain no more than 5 percent organic HAP.
G. Standards for Aluminum Recreational Boat Surface Coating Operations
The format of the emission limit for aluminum recreational boat
wipedown solvents in Sec. 63.5743(a) has been revised, and the emission
limit has been recalculated to conform with the new format. The
recalculated emission limit for aluminum wipedown solvents is 0.33 kg
organic HAP per liter of total coating solids (2.75 pounds per gallon).
Total coating solids is the combined solids from primers, clear coats,
and top coats.
Boat manufacturers will also have the option of complying with a
combined emission limit for aluminum wipedown operations and aluminum
coating operations. The combined emission limit is 1.55 kg organic HAP
per liter of total coating solids (12.9 pounds per gallon), which is
the sum of the individual limits for aluminum wipedown operations (0.33
kg organic HAP per liter coating solids (2.75 pounds per gallon)) and
aluminum coating operations (1.22 kg organic HAP per liter coating
solids (10.2 pounds per gallon)). If a boat manufacturer complies with
the combined emission limit, they can offset higher HAP from one
operation with lower HAP from the other operation.
The work practices for aluminum coating spray gun cleaning
operations in Sec. 63.5743 have been revised so that spray gun cleaning
operations that use recycled non-HAP solvents (which may contain trace
amounts of HAP) are not subject to the spray gun cleaning work practice
requirements. Recycled cleaning solvents that contain trace amounts of
HAP (5 percent or less by weight) are considered to be non-HAP. A
provision has been added to Sec. 63.5743 to specifically allow for the
use of alternative spray gun cleaning work practices approved according
to the procedures in Sec. 63.6(g). In Sec. 63.5755(b)(1), the
requirement that enclosed spray gun cleaners have covers that ``close
properly'' has been revised to state that the covers ``must have no
visible gaps.''
H. Methods for Determining Hazardous Air Pollutant Content
Section 63.5758(a) has been revised to state that only organic HAP
are included in determining HAP content. Inorganic HAP are added as
pigments to gel coats and surface coatings and are not emitted from the
operations regulated by these NESHAP and, therefore, are not included
in determining HAP content. This section has also been revised to allow
the use of ASTM D1259-85 (Standard Test Method for Nonvolatile Content
of Resins), and EPA Method 24 for measuring volatile organic matter
content as a surrogate for demonstrating the HAP content of coatings.
If volatile organic matter is used as a surrogate for HAP content, then
the boat manufacturer must assume that all volatile organic matter is
HAP.
Section 63.5758 has also been revised to recognize the fact that
some material manufacturers and suppliers report on their MSDS a
manufacturing target value for HAP constituents, such as styrene in
resin and gel coat. If the organic HAP content is provided as a single
value, you may assume the value is a manufacturing target value and
actual organic HAP content may vary from the target value. If a
separate measurement of the total organic HAP content using the methods
specified in the NESHAP is less than 2 percentage points higher than
the value for total organic HAP content provided by the material
supplier or manufacturer, then you may use the provided value to
demonstrate compliance. If the measured total organic HAP content
exceeds the provided value by 2 percentage points or more, then you
must use the measured organic HAP content to determine compliance. This
allowance does not apply if the HAP content is reported on an MSDS as a
range. In that case, the measured HAP content cannot exceed the upper
limit of the reported HAP content range.
Section 63.5758 has been revised to provide guidance on determining
the HAP content of solvent blends when the MSDS has reported a solvent
blend but not the HAP content of the solvent blend. The guidance
includes a table of values for the HAP content of commonly used solvent
blends.
Section 63.5758 has been revised to clarify how total HAP is
calculated. In determining total HAP, you must include HAP that are
present at concentrations equal to or greater than 1.0 percent, unless
the HAP is an OSHA-defined carcinogen, in which case you must include
the HAP in the total if it is present at a concentration equal to or
greater than 0.1 percent. For example, if a material contains four
species of noncarcinogenic HAP that are each present at 0.9 percent by
weight, none of these four species needs to be included in the total
HAP calculation.
I. Notifications, Reports, and Records
We have revised the emission limitations in Secs. 63.5698(b) and
63.5743(a) and (b) so that compliance is demonstrated on a 12-month
rolling-average basis, rather than a 3-month rolling-average basis for
sources not using an add-on control device. For new and existing
sources that do not use an add-on control device, the initial 12-month
compliance period will begin on the compliance date.
For sources using an add-on control device, compliance is based on
a performance test and continuous monitoring of the control device.
[[Page 44225]]
J. Definitions
We have revised the definition of hazardous air pollutant (HAP) in
Sec. 63.5779 so it has the same wording as the definition of HAP in
Sec. 63.2. We have added a definition of research and development
activities which will be exempt from the NESHAP. We have also revised
the definition of aluminum boat to better distinguish aluminum
recreational boats from ships which are subject to the ship building
and repair surface coating NESHAP (40 CFR part 63, subpart II). The
revised definition states that aluminum recreational boats are intended
by the manufacturer to be used primarily for pleasure and are built
indoors in a production line manufacturing plant, rather than outdoors
in a dry dock, graving dock, or on a marine railway.
The definitions of resins and gel coats have been revised to
address pigmented resins and to clarify that pigmented resins are
subject to the emission limitations for laminating resins. The
definition of resin has been revised to indicate that resins include
pigmented resins that are used to encapsulate and bind together
reinforcement fibers. The definition of gel coat has been revised to
indicate that a gel coat layer does not contain any reinforcing fibers,
and gel coats are applied directly to mold surfaces or to a finished
laminate.
V. Summary of Responses to Major Comments
This section presents a summary of significant public comments and
responses. A summary of all the public comments that were received and
EPA's responses to those comments can be found in Docket No. A-95-44.
A. Open Molding Operations
Comment: Several commenters requested exemptions or higher HAP
content limits for several different specialty applications of resin
and gel coat used in open molding operations.
One commenter requested an exemption that would allow them to
comply with the production resin HAP content limit of 35 percent, but
use atomizing equipment (rather than nonatomizing equipment) to apply
up to 5 percent of total annual resin usage. Under the proposed NESHAP,
a boat manufacturer must meet a production resin HAP content limit of
28 percent when using atomizing equipment, or comply by emission
averaging if using a mix of atomizing and nonatomizing equipment.
A second commenter requested either a higher HAP content limit or
an exemption for high-strength or heat-resistant resins. The commenter
defined high-strength resins as those having a tensile strength greater
than 10,000 pounds per square inch (psi) in clear cast form as measured
by ASTM D638, and defined heat-resistant resins as those having a heat
deflection temperature greater than 212 deg.F (100 deg.C) in clear
cast form as measured by ASTM D648.
A third commenter requested that EPA either create a separate
standard for, or include an exemption for, the use of backup gel coat.
According to the commenter, backup gel coat is a black gel coat that is
applied behind the white exterior gel coat to provide a dark
background, against which air trapped in the wet laminate can be more
easily detected and removed before the laminate hardens. The commenter
reported they use a backup gel coat containing 44 percent HAP.
Response: The EPA recognizes that many boat manufacturers have
situations in which they must use higher HAP materials for specialized
purposes. In developing the NESHAP, we wanted to provide flexibility to
deviate from the HAP content limits in these specialized situations. At
the same time, it is impossible in the NESHAP to specifically
accommodate all the situations in which a higher HAP material is
needed. Attempting to do so could also limit flexibility if a
particular situation requiring an exemption was overlooked and not
accounted for in the NESHAP. Therefore, one of our objectives was to
provide flexibility to use some higher HAP materials by adopting the
averaging provisions and using weighted-average HAP contents in setting
the MACT for each operation.
The averaging provisions allow each manufacturer to select a mix of
resin and gel coat products that is best for their operation and to use
higher HAP products based on their unique needs, as long as the
emission limits are met. The plant-wide weighted-average HAP content
used in determining MACT also accounts for the variation in HAP content
among products used by a single manufacturer.
Because of the flexibility provided by the averaging options, the
final NESHAP do not contain any of the three exemptions or higher HAP
content limits requested by the commenters. Boat manufacturers that
wish to apply some resin with atomizing equipment may use emissions
averaging, rather than comply with the HAP content limit for atomized
resin application operations.
The final standards do not exempt high-strength or heat-resistant
resins from the HAP content limits. At least one vinylester resin being
used by boat manufacturers meets both of the performance criteria
suggested by the commenter and has an organic HAP content of 35
percent. (See Docket A-95-44). The resin has a tensile strength of
10,560 psi, and a heat deflection temperature of 228.6 deg.F.
Therefore, boat manufacturers can still comply with the HAP content
limits when using resins that must meet high-strength or heat-resistant
specifications. Boat manufacturers that wish to continue to use their
current materials may also average these resins with other open molding
operations.
We do not believe an exemption or separate HAP content limit is
needed for backup gel coats. According to the EPA database and
observations made during site visits to various boat manufacturers, the
majority of boat manufacturers do not use these backup gel coats. Those
boat manufacturers that choose to use backup gel coats have the option
of averaging these gel coats with other gel coats or resin application
operations to demonstrate compliance.
Comment: Two commenters asked EPA to exempt or establish a HAP
limit of 48 percent for production resin meeting military
specifications, U.S. Coast Guard specifications for lifesaving
equipment and small passenger vessels, Lloyd's Register (LR)
certification criteria, American Bureau of Shipping (ABS) certification
criteria, or other third party material performance specifications.
Response: The EPA database from which the NESHAP were developed
represents almost exclusively recreational boat manufacturers. We have
no data on resins used on boats built to military specifications or
U.S. Coast Guard requirements. Therefore, production resins (including
skin coat resins) are exempt from the production resin HAP content
limits when those resins must meet military specifications or must be
approved by the U.S. Coast Guard for use in life saving equipment and
small passenger vessels. However, the final NESHAP do require that
these resins be applied with nonatomized (non-spray) application
equipment since nonatomized resin application does not affect resin
performance.
Resins used on boats that are certified as meeting LR, ABS, or
other third party standards will not be exempt from the HAP content
limits for production resins. We have data indicating that laminates
made with resins containing 35 percent styrene can meet both LR and ABS
performance specifications. (See Docket A-95-44.)
Comment: Several commenters asked EPA to exempt 100 percent
vinylester
[[Page 44226]]
skin coat resins from the HAP content limits, or establish a higher HAP
content limit for skin coat resins. The commenters stated that skin
coat resin, which is applied between the gel coat layer and the
laminations on the bottom of the boat, is typically less than 5 percent
of total production resin used. The commenters stated that low-HAP
resins, including blended polyester-vinylester resins, do not offer the
osmotic blister resistance of 100 percent vinylester skin coat resins
with HAP contents of about 46 percent.
One commenter provided data to EPA comparing the blister resistance
of pure vinylester resins to several blended polyester-vinylester
resins in accelerated testing conditions. None of the blended resins
had the same performance as the pure vinylester resins. According to
the commenters, the pure vinylester resins are more expensive than the
blended resins and are used only on larger boats that are intended to
remain in the water continuously and that are removed only for periodic
maintenance.
The commenters also concluded that using low-HAP skin coats could
cause increased osmotic blistering to occur. Repairing osmotic blisters
requires peeling or grinding the damaged gel coat and resin layers from
the boat bottom and applying new resin and gel coat. These repairs
result in additional styrene emissions and solid waste, thus offsetting
the emission reduction benefits of low-HAP skin coats.
Response: We evaluated the test data submitted and agree with the
conclusions of the commenters. The final rule exempts 100 percent
vinylester resin used for skin coats from the production resin HAP
content requirements. The resins eligible for the exemption will be
limited to a maximum of 5 percent of the total resin used at each
facility using the exemption. A facility using the exemption will need
to maintain records of the amount of resin included in the exemption.
This 5 percent cap is consistent with the amount of 100 percent
vinylester resin used at the commenters' facilities.
This exemption for 100 percent vinylester skin coat resins is
consistent with the results of the MACT analysis. The EPA database
includes at least 13 boat manufacturers that are using skin coat resins
with an organic HAP content of 35 percent or less. However, these are
blended polyester-vinylester resins and are not pure vinylester resins.
In addition, these blended resins are not used on boats in the size
range on which the 100 percent vinylester resins are used. There are no
facilities using a 100 percent vinylester resin with an organic HAP
content of 35 percent.
B. Filled Tooling Resins
Comment: Several commenters requested that the HAP content of
filled tooling resin be determined ``as applied'' rather than before
the filler is added. Alternatively, the commenters suggested setting a
separate MACT standard for filled tooling resins or exempting filled
tooling resins from any HAP content limits. In the proposed NESHAP, the
tooling resin HAP content limits were based on unfilled tooling resins.
This approach would require operators to determine the HAP content of
the tooling resin before the filler is added. According to the
commenters, tooling resins to which filler will be added must have a
higher HAP content to maintain a workable viscosity after the filler is
added, but the HAP content is lowered substantially by the filler.
Response: The MACT floor for tooling resins was based on the use of
a low-HAP, unfilled resin. Recently, more boat manufacturers have begun
using filled tooling resins. We agree with the commenters that
compliance for filled resins (both tooling and production) should be
determined on an as-applied basis, rather than based on the HAP content
of the neat (unfilled) resin before filler is added. However, because
the emissions from filled and unfilled resins are different, compliance
cannot be based on the HAP content of a filled resin. In a filled resin
system, the percent of available styrene emitted is nearly the same as
in the neat unfilled resin before the filler is added. In other words,
if a filled resin and unfilled resin have the same HAP content on an
as-applied basis, then the filled resin system will have higher HAP
emissions than the unfilled resin because the filled resin has a higher
styrene-to-resin polymer ratio. Therefore, filled resins must be
compared to the MACT standard based on the MACT model point value
(kilogram of HAP per megagram of filled resin applied (kg/Mg)). This
approach accounts for differences in both HAP content and the amount of
filler added.
A facility using a filled resin would calculate the MACT model
point value for that resin based on the HAP content of the unfilled
(neat) resin. The calculated MACT model point value would then be
multiplied by the weight fraction of resin in the filled resin system
to calculate the kg of HAP per Mg of filled resin applied. The final
NESHAP contain procedures for calculating compliance for filled resins
on an as-applied basis.
C. Standards for Closed Molding Resin Operations
Comment: Several commenters encouraged EPA to allow averaging
between open and closed molding operations in cases where closed
molding replaced an existing open molding operation. The commenters
also encouraged EPA to allow a facility to average open and closed
molding at new sources, and at existing sources where the closed
molding was part of an expansion that did not replace open molding
capacity. The commenters argued that allowing more averaging would
encourage the development of closed molding technology that would
further reduce HAP emissions.
Response: In the preamble to the proposed NESHAP, we solicited
comments on the feasibility of allowing emissions averaging between
open and closed molding operations in cases where the closed molding
was considered a replacement for existing open molding operations. We
received no comments that supported the legal feasibility of such
averaging. We have decided that in the final NESHAP, closed molding
operations will not be included in any averaging compliance options for
either new or existing sources.
For the proposed NESHAP, we considered two options in determining
MACT for open and closed molding operations. First, we considered
determining MACT for all molding operations combined, including both
open and closed molding. Although open and closed molding are different
production processes, in this option we considered closed molding to be
simply a very good emission control technique for open molding. Under
this option, MACT limits would be set based on using a mix of open and
closed molding. To comply, a facility could offset excess emissions
from its open molding operations by using emission ``credits''
generated by using a greater fraction of closed molding operations than
required by the standard. However, determining MACT by this method
would result in a standard for existing sources that would be
difficult, if not impossible, to achieve by sources that use only open
molding. Also, MACT for new sources would be nearly 100 percent closed
molding, which may not be achievable by most new sources. For these
reasons, we did not determine MACT on a combined basis in the proposed
NESHAP.
The second option we considered for determining MACT (and the one
we proposed) was to treat open and closed molding as separate processes
with
[[Page 44227]]
separate standards. Industry agreed with this position. We considered
allowing emissions averaging under this option, but decided that
averaging would provide little, if any, advantage. We have insufficient
data for establishing MACT model point values for the different closed
molding technologies. These MACT model point values would be needed to
compute emission reductions for ``over controlling'' the closed molding
operations. Even if such point values were established, it is unlikely
that a source could achieve substantial reductions beyond the closed
molding standard since closed molding operations emit so little.
We concluded, therefore, that emissions averaging at new and
existing sources as requested by the commenters is not feasible. One
method of allowing averaging would provide very little benefit and the
other method would create an unreasonably stringent standard for
sources that choose not to comply by emissions averaging.
Although we are not allowing emissions averaging between open and
closed molding, we do encourage the use of closed molding because of
its low-emitting nature. Even in the absence of averaging, we believe
that there can be other benefits of using closed molding, such as
minimized worker exposure, less recordkeeping and reporting, and the
operational flexibility to use materials with any HAP content desired.
D. Standards for Aluminum Recreational Boat Surface Coating Operations
Comment: Two commenters requested that the MACT floor for aluminum
recreational boat wipedown solvents be recalculated using the total
volume of coating solids (primers, clear coats, and top coats) as a
surrogate for the surface area to be cleaned. The commenters argued
that the format of the NESHAP for aluminum recreational boat wipedown
solvents is inappropriate because it uses the solids volume from the
first coat (aluminum primers and clear coats applied to bare aluminum)
as a surrogate for the surface area of the boat being cleaned prior to
coating. According to the commenters, the use of the first coat solids
volume is significantly more variable and biases the standard in favor
of higher-solids primers. Therefore, the limit may not be achievable by
facilities using lower-solids primers. According to the commenters,
using the total volume of coating solids as a surrogate for surface
area to be cleaned is more appropriate since the dry film thickness of
the complete system is generally more uniform than that of primers and
clear coats.
The commenters also asked EPA to allow facilities to average
emissions between aluminum recreational boat surface preparation and
coating operations by adopting a single HAP content limit for the
combined operations. The commenters argued that this flexibility would
help manufacturers meet the aluminum wipedown solvent and coating
operation standards. They also noted that surface preparation, primers,
and topcoats are often parts of a single coating system. The commenters
estimated that the MACT floor based on combined emissions calculated at
each facility would be equal to 1.87 kg HAP per liter of coating
solids.
Response: We agree with the commenters that the total volume solids
of primers, clear coats, and top coats is a better surrogate for total
surface area than the volume solids of primer and clear coats applied
to bare aluminum. We originally used primers and clear coats as a
surrogate to reduce bias introduced by facilities that use more than a
single color and apply multiple layers in the top coats. However, as
noted by the commenters, the bias introduced by multiple top coat
layers is less than the bias introduced by variability in the solids
content of primers and clear coats.
To develop the combined emission limit, we have calculated the mass
of HAP from aluminum wipedown solvents consumed per volume of total
coating solids for the aluminum recreational boat manufacturing
facilities in the EPA database. Based on this format, the MACT floor
facility has a weighted-average HAP consumption rate of 0.33 kg organic
HAP per liter of coating solids, including primers, clear coats, and
topcoats.
We agree that allowing averaging or complying with a single HAP
emission limit for these combined operations will provide greater
flexibility and simplify compliance for boat manufacturers. In the
final NESHAP, boat manufacturers may comply with either a single limit
for combined operations or individual limits for wipedown solvents and
coatings.
The combined HAP content limit for wipedown solvents and surface
coating operations was derived as the sum of the separate limits for
wipedown solvents and aluminum coatings. The limit for wipedown
solvents is 0.33 kg organic HAP per liter coating solids and for
aluminum coatings is 1.22 kg organic HAP per liter of coating solids.
The combined limit is 1.55 kg organic HAP per liter of coating solids.
This combined limit is more stringent than the limit estimated by the
commenters (1.87 kg organic HAP per liter coating solids) because we
performed separate MACT analyses for wipedown solvents and aluminum
coatings. We performed separate analyses, rather than a MACT analysis
for the combined emissions at each facility, because we disagree that
the wipedown solvent is part of a coating system. We reviewed the data
on coatings and aluminum wipedown solvents and noted that different
boat manufacturers using the same coating system from the same supplier
often used different aluminum wipedown solvents.
E. Methods for Determining Hazardous Air Pollutant Content
Comment: Several commenters asked EPA to clarify that compliance
with the HAP content limits for gel coat is based only on organic HAP
content and should not include inorganic HAP included as metal pigments
because these metal pigments are not emitted during application or
curing.
Response: We did not consider metal pigments in determining the HAP
content limits for gel coats, and we agree that they are not emitted
from the gel coat operations. Therefore, Sec. 63.5758 of the final rule
clarifies that HAP content includes organic HAP only and does not
include inorganic HAP.
Comment: One commenter asked EPA to allow the use of less expensive
methods ASTM D1644-88 (Standard Test Method for Nonvolatile Content of
Varnishes) and ASTM D1259-85 (Standard Test Method for Nonvolatile
Content of Resins), in addition to EPA Method 311, to demonstrate
compliance with HAP content limits. The ASTM methods do not directly
measure the HAP content and instead measure volatile organic matter.
Response: We agree that facility owners and operators should be
allowed to demonstrate compliance with the HAP content limits using the
ASTM D1259-85, but we do not see the utility of ASTM D1644-88. We are
not regulating varnishes, and we are allowing in the final NESHAP the
use of ASTM D1259-85 for resins and gelcoats and EPA Method 24 for
coatings, which are weight-loss methods similar to ASTM D1644-88. We
are allowing the use of ASTM D1259-85 because it tends to overestimate
HAP content, compared to EPA Method 311, since it measures all volatile
species and not just HAP. Likewise, the final NESHAP also allow the use
of EPA Method 24 to measure volatile organic compound content as a
surrogate for HAP.
[[Page 44228]]
Comment: One commenter asked that EPA ensure that the MACT
standards reflect the high end of the HAP content ranges reported in
the MSDS collected by EPA through the industry survey. In addition, if
an MSDS offered a single HAP content value, the commenter asked EPA to
ensure that the manufacturer did not allow the value to fluctuate above
the value reported in the MSDS. For example, an MSDS provided by the
commenters for a production gel coat reports the combined styrene and
MMA content is 36.4 percent, but notes that these values are target
formula values and ``actual batch concentrations will vary within
limits consistent with separately established product specifications.''
Response: In selecting the HAP content limits for all operations
regulated by the proposed NESHAP, we always used the upper limit of the
range for reported HAP content values. Therefore, we are confident that
the proposed HAP content limits are achievable.
However, we agree that some material manufacturers and suppliers
report on their MSDS the ``target'' value for a constituent and actual
values may vary from the target value by plus or minus 2 percentage
points. Since the standards are based on these same data, the standards
should account for this variation between actual and reported values.
Therefore, Sec. 63.5758 of the final NESHAP includes a provision that
if a HAP content measured using the methods specified in the NESHAP is
within 2 percentage points of the reported target value, you may use
the reported value for demonstrating compliance. Otherwise, you must
use the measured value to demonstrate compliance.
F. Notifications, Reports, and Records
Comment: Several commenters asked EPA to allow compliance with the
standards to be demonstrated based on a 12-month rolling average
instead of a 3-month rolling average. They argued that this is
consistent with the typical recordkeeping and reporting obligations in
most title V permits. In addition, many facilities experience seasonal
variations in production and mold construction that may require them to
use higher HAP materials for several months at a time. A 3-month
averaging period would not allow them to offset these higher emissions
with lower emissions during the rest of the year.
Response: We agree with the commenters, and the final NESHAP allow
compliance to be demonstrated on a 12-month rolling average basis,
rather than a 3-month rolling average basis for sources that are not
using an add-on control device. For sources using an add-on control
device, compliance is based on continuous parameter monitoring.
G. Pollution Prevention
Comment: One commenter asked EPA to include provisions by which a
facility already subject to the rule could become exempt by employing
pollution prevention measures that are at least equivalent to MACT and
that make the source physically incapable of being a major source.
According to the commenter, EPA policy is that a source that is a major
source on the compliance date for a rule is always subject to a rule,
even if it adopts process changes or pollution prevention strategies
that make it physically impossible to emit at greater than the major
source threshold. According to the commenter, EPA's ``once in, always
in'' policy discourages facilities from adopting pollution prevention
strategies that could achieve significant emission reductions.
Response: The EPA, through discussion with State and Territorial
Air Pollution Program Administrators and the Association of Local Air
Pollution Control Officials, has reached a tentative solution that will
require changes in the NESHAP General Provisions (40 CFR part 63,
subpart A) or individual MACT rules, rather than a change in the EPA
policy on ``Once-In-Always-In.'' (See the May 16, 1995 memorandum on
``Potential to Emit'' from John Seitz to the EPA Regional
Administrators, available on the World Wide Web at http://www.epa.gov/ttn/oarpg.) We have been working to develop regulatory options that
would allow qualifying sources to satisfy the MACT requirements through
innovative, streamlined approaches, if, after a source achieves
compliance with an applicable MACT rule, they achieve HAP emission
reductions equivalent to or better than MACT levels of control through
pollution prevention measures. The regulatory options under
consideration for the final solution will include components that meet
the legal requirements of the CAA and still resolve the issues
regarding pollution prevention. Once we reach a final solution, we plan
to develop rule language to propose to amend either the NESHAP General
Provisions or existing MACT rules. We project proposing these
amendments later in 2001.
VI. Administrative Requirements
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), we must
determine whether a final regulatory action is ``significant'' and
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that today's final rule is not a ``significant regulatory
action'' because it will not have an annual effect on the economy of
$100 million or more and is therefore not subject to OMB review.
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
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 rule.
The EPA
[[Page 44229]]
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 rule.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to the OMB, in a separately identified section of the
preamble to the rule, a federalism summary impact statement (FSIS). The
FSIS must include a description of the extent of EPA's prior
consultation with State and local officials, a summary of the nature of
their concerns and EPA's position supporting the need to issue the
regulation, and a statement of the extent to which the concerns of
State and local officials have been met. Also, when EPA transmits a
final rule with federalism implications to OMB for review pursuant to
Executive Order 12866, EPA must include a certification from its
federalism official stating that EPA has met the requirements of
Executive Order 13132 in a meaningful and timely manner.
Today's final rule 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. No
boat manufacturing facilities subject to the final rule are owned by
State or local governments. Therefore, State and local governments will
not have any direct compliance costs resulting from this final rule.
Furthermore, EPA is directed to develop the final rule by section 112
of the CAA. Thus, the requirements of section 6 of the Executive Order
do not apply to this final rule.
C. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.
D. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risks'' (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 EPA.
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. Today's final rule is not
subject to Executive Order 13045 because it establishes an
environmental standard based on technology, not health or safety risk.
No children's risk analysis was performed because no alternative
technologies exist that would provide greater stringency at a
reasonable cost. Furthermore, today's final 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
must generally prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least-costly, most cost-effective, or least-burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least-
costly, most cost-effective, or least-burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, we 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 rule does not contain a Federal
mandate that may result in expenditures of $100 million or more by
State, local, and tribal governments, in the aggregate, or the private
sector in any 1 year. The total cost to the private sector is
approximately $14 million per year. This final rule contains no
mandates affecting State, local, or Tribal governments. Thus, today's
final rule is not subject to the requirements of sections 202 and 205
of the UMRA.
We have determined that this final 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.
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 us to give special consideration to the
effect of Federal regulations on small entities and to consider
regulatory options that might mitigate any such impacts. We must
prepare a regulatory flexibility analysis unless we determine that the
rule will not have a ``significant economic impact on a substantial
number of small entities.'' Small entities
[[Page 44230]]
include small businesses, small organizations, and small governmental
jurisdictions.
For the purposes of assessing the impacts of today's final rule on
small entities, a small entity is defined as: (1) A small business
whose parent company has fewer than 500 employees; (2) a small
governmental jurisdiction that is a government of a city, county, town,
school district or special district with a population of less than
50,000; or (3) a small organization that is ``any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field.''
We have determined that 66 out of the 2,307 small firms in the
industry (2.9 percent) may be affected by this final rule. In a
screening of impacts on these small firms, we found that 47 firms have
costs that comprise less than 1 percent of firm revenues, and 19 firms
have estimated compliance costs that exceed 1 percent of their
revenues. Based on available data of industry profit margins, the
average return on sales for the industry is 3.4 percent. Of the 19
firms with costs greater than 1 percent of revenues, only one firm is
estimated to experience costs exceeding 3 percent of revenues. Thus,
reviewing the range of costs to be borne by small businesses in light
of the 3.4 percent profit margins typical of this industry, the Agency
has determined the costs are typically small and, overall, do not
constitute a significant impact on a substantial number of small
businesses. In addition, this final rule is likely to also increase
profits at the 2,241 small firms that are not affected by the final
rule due to the very slight increase in market prices. The economic
impacts are summarized in section III.G. of this document and in the
economic impact analysis contained in Docket No. A-95-44.
Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA has tried to
reduce the impact of this final rule on small entities. We have met
with ten of these small firms and their trade association. They have
been fully involved in this rulemaking, and their concerns have been
considered in the development of this final rule. In developing these
final standards, we have provided the maximum degree of flexibility to
minimize impacts on small businesses by providing several different
compliance options, several of which require a minimum amount of
recordkeeping and reporting. Also, these final standards, which are
based on MACT floor level control technology, reflect the minimum level
of control allowed under the CAA. Small businesses that are subject to
the final rule will not be systematically impacted more than larger
operations.
Pursuant to the provisions of 5 U.S.C. 605(b), we have determined
that this final rule will not have a significant economic impact on a
substantial number of small entities.
G. Paperwork Reduction Act
The information collection requirements in today's final rule have
been submitted for approval to the OMB under the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. An ICR document has been prepared by EPA
(ICR No. 1966.02) and a copy may be obtained from Sandy Farmer by mail
at the U.S. EPA, Office of Environmental Information, Collection
Strategies Division (2822), 1200 Pennsylvania Avenue NW, Washington, DC
20460, by e-mail 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 final rule contains monitoring, reporting, and recordkeeping
requirements. The required notices and reports are the minimum needed
by us to determine who is subject to the NESHAP and whether you are in
compliance. The final recordkeeping requirements are the minimum
necessary to determine initial and ongoing compliance. Based on
reported information, we would decide which boat manufacturers and what
records or processes should be inspected. The recordkeeping and
reporting requirements are consistent with the general provisions of 40
CFR part 63.
These recordkeeping and reporting requirements are specifically
authorized by section 114 of the CAA (42 U.S.C. 7414). All information
submitted to us for which a claim of confidentiality is made will be
safeguarded according to our policies in 40 CFR part 2, subpart B.
The EPA expects the final rule to affect a total of 134 boat
manufacturing facilities over the first 3 years. The EPA assumes that
five new boat manufacturing facilities will become subject to the final
rule during each of the first 3 years. The EPA expects 119 existing
facilities to be affected by the final rule, and these existing
facilities will begin complying in the third year.
The estimated average annual burden for the first 3 years after
promulgation of the final rule for industry and the implementing agency
is outlined below. You can find the details of this information
collection in the ``Standard Form 83 Supporting Statement for ICR No.
1966.02,'' in Docket No. A-95-44.
----------------------------------------------------------------------------------------------------------------
Operating and
Affected entity Total hours Labor costs Capital costs maintenance Total costs
costs
----------------------------------------------------------------------------------------------------------------
Industry........................ 10,343 635,526 0 895 636,421
Implementing agency............. 2,456 141,073 0 0 141,073
----------------------------------------------------------------------------------------------------------------
The EPA estimates that there are no capital or startup costs for
these new facilities because they are expected to comply by limiting
the HAP content of materials. The implementing agency would not incur
any capital or startup costs.
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. Control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. When the
OMB approves the information collection requirements of the final rule,
the EPA will amend the table in 40 CFR part 9 of currently approved ICR
control
[[Page 44231]]
numbers issued by OMB for various regulations.
H. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Public Law No. 104-113; 15 U.S.C. 272 note)
directs the EPA to use voluntary consensus standards in their
regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA directs EPA to provide Congress, through annual reports to OMB,
with explanations when an agency does not use available and applicable
voluntary consensus standards.
This rulemaking involves technical standards. The EPA cites the
following standards in this rule: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F,
2G, 18, 24, 25A, 204, and 311. Consistent with the NTTAA, EPA conducted
searches to identify voluntary consensus standards in addition to these
EPA methods. No applicable voluntary consensus standards were
identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204, and 311. The search
and review results have been documented and are placed in the docket
(Docket No. A-95-44) for this rule.
Two voluntary consensus standards are cited in this rule for
determining the volume solids content of coatings. These two 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 volume solids content
be calculated from the coating manufacturer's formulation. Today's rule
does allow for the use of volume solids content values calculated from
the coating manufacturer's formulation; however, test results will take
precedence if they do not agree with calculated values.
We are also citing the voluntary consensus standard ASTM D1259-85,
``Standard Test Method for Nonvolatile Content of Resins,'' as an
acceptable method to measure the volatile matter content of resins and
gel coats for open molding operations, to be used as a substitute for
organic HAP content.
Six voluntary consensus standards: ASTM D1475-90, ASTM D2369-95,
ASTM D3792-91, ASTM D4017-96a, ASTM D4457-85 (Reapproved 91), and ASTM
D5403-93 are already incorporated by reference in EPA Method 24. Five
voluntary consensus standards: ASTM D1979-91, ASTM D3432-89, ASTM
D4747-87, ASTM D4827-93, and ASTM PS9-94 are incorporated by reference
in EPA Method 311. In addition, we are separately specifying the use of
ASTM D1475-90, ``Standard Test Method for Density of Liquid Coatings,
Inks, and Related Products,'' for measuring the average density of
volatile matter in the coating.
The voluntary consensus standard ASTM D6420-99, ``Standard Test
Method for Determination of Gaseous Organic Compounds by Direct
Interface Gas Chromatography-Mass Spectrometry (GC/MS),'' is
appropriate in the cases described below for inclusion in this rule in
addition to EPA Method 18 codified at 40 CFR part 60, appendix A.
Similar to EPA's performance-based Method 18, ASTM D6420-99 is also
a performance-based method for measurement of gaseous organic
compounds. However, ASTM D6420-99 was written to support the specific
use of highly portable and automated GC/MS. While offering advantages
over the traditional Method 18, the ASTM method does allow some less
stringent criteria for accepting GC/MS results than required by Method
18. Therefore, ASTM D6420-99 is a suitable alternative to Method 18
only where: (1) the target compound(s) are those listed in Section 1.1
of ASTM D6420-99, and (2) the target concentration is between 150 parts
per billion by volume and 100 parts per million by volume.
For target compound(s) not listed in Table 1.1 of ASTM D6420-99,
but potentially detected by mass spectrometry, the rule specifies that
the additional system continuing calibration check after each run, as
detailed in Section 10.5.3 of the ASTM method, must be followed, met,
documented, and submitted with the data report even if there is no
moisture condenser used or the compound is not considered water
soluble. For target compound(s) not listed in Table 1.1 of ASTM D6420-
99, and not amenable to detection by mass spectrometry, ASTM D6420-99
does not apply.
In addition to the voluntary consensus standards EPA will use in
this rule, the search for emissions measurement procedures identified
12 other voluntary consensus standards. The EPA determined that nine of
these 12 standards identified for measuring emissions of the HAP or
surrogates subject to emission standards in this rule were impractical
alternatives to EPA test methods for the purposes of this rule.
Therefore, the EPA does not intend to adopt these standards.
Three of the 12 voluntary consensus standards identified in this
search were not available at the time the review was conducted for the
purposes of this rule because they are under development by a voluntary
consensus body: ASME/BSR MFC 13M, ``Flow Measurement by Velocity
Traverse,'' for EPA Method 2 (and possibly 1); ASME/BSR MFC 12M, ``Flow
in Closed Conduits Using Multiport Averaging Pitot Primary
Flowmeters,'' for EPA Method 2; and ISO/PWI 17895, ``Paints and
Varnishes-Determination of the Volatile Organic Compound Content of
Water-based Emulsion Paints,'' for EPA Method 24.
Sections 63.5719 and 63.5758 to subpart VVVV list the EPA testing
methods included in the rule. Under Sec. 63.8, a source may apply to
EPA for permission to use alternative monitoring in place of any of the
EPA testing methods.
I. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
SBREFA, generally provides that before a rule may take effect, the
agency promulgating the rule must submit a rule report, which includes
a copy of the rule, to each House of the Congress and to the
Comptroller General of the United States. The EPA will submit a report
containing this final rule and other required information to the U.S.
Senate, the U.S. House or Representatives, and the Comptroller General
of the United States, prior to publication of the final rule in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2), and therefore, will be effective
on August 22, 2001.
J. Executive Order 13211 (Energy Effects)
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
List of Subjects in 40 CFR Part 63
Environmental protection, Air pollution control, Hazardous air
pollutants, Incorporation by reference, Reporting and recordkeeping
[[Page 44232]]
requirements, Volatile organic compounds.
Dated: August 14, 2001.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is 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 VVVV to read as follows:
Subpart VVVV--National Emission Standards for Hazardous Air
Pollutants for Boat Manufacturing
Sec.
What the Subpart Covers
63.5680 What is the purpose of this subpart?
63.5683 Does this subpart apply to me?
63.5686 How do I demonstrate that my facility is not a major
source?
63.5689 What parts of my facility are covered by this subpart?
63.5692 How do I know if my boat manufacturing facility is a new
source or an existing source?
63.5695 When must I comply with this subpart?
Standards for Open Molding Resin and Gel Coat Operations
63.5698 What emission limit must I meet for open molding resin and
gel coat operations?
63.5701 What are my options for complying with the open molding
emission limit?
63.5704 What are the general requirements for complying with the
open molding emission limit?
63.5707 What is an implementation plan for open molding operations
and when do I need to prepare one?
63.5710 How do I demonstrate compliance using emissions averaging?
63.5713 How do I demonstrate compliance using compliant materials?
63.5714 How do I demonstrate compliance if I use filled resins?
Demonstrating Compliance for Open Molding Operations Controlled by Add-
on Control Devices
63.5715 What operating limits must I meet?
63.5716 When must I conduct a performance test?
63.5719 How do I conduct a performance test?
63.5722 How do I use the performance test data to demonstrate
initial compliance?
63.5725 What are the requirements for monitoring and demonstrating
continuous compliance?
Standards for Closed Molding Resin Operations
63.5728 What standards must I meet for closed molding resin
operations?
Standards for Resin and Gel Coat Mixing Operations
63.5731 What standards must I meet for resin and gel coat mixing
operations?
Standards for Resin and Gel Coat Application Equipment Cleaning
Operations
63.5734 What standards must I meet for resin and gel coat
application equipment cleaning operations?
63.5737 How do I demonstrate compliance with the resin and gel
coat application equipment cleaning standards?
Standards for Carpet and Fabric Adhesive Operations
63.5740 What emission limit must I meet for carpet and fabric
adhesive operations?
Standards for Aluminum Recreational Boat Surface Coating Operations
63.5743 What standards must I meet for aluminum recreational boat
surface coating operations?
63.5746 How do I demonstrate compliance with the emission limits
for aluminum wipedown solvents and aluminum coatings?
63.5749 How do I calculate the organic HAP content of aluminum
wipedown solvents?
63.5752 How do I calculate the organic HAP content of aluminum
recreational boat surface coatings?
63.5753 How do I calculate the combined organic HAP content of
aluminum wipedown solvents and aluminum recreational boat surface
coatings?
63.5755 How do I demonstrate compliance with the aluminum
recreational boat surface coating spray gun cleaning work practice
standards?
Methods for Determining Hazardous Air Pollutant Content
63.5758 How do I determine the organic HAP content of materials?
Notifications, Reports, and Records
63.5761 What notifications must I submit and when?
63.5764 What reports must I submit and when?
63.5767 What records must I keep?
63.5770 In what form and for how long must I keep my records?
Other Information You Need To Know
63.5773 What parts of the General Provisions apply to me?
63.5776 Who implements and enforces this subpart?
Definitions
63.5779 What definitions apply to this subpart?
Tables to Subpart VVVV
Table 1 to Subpart VVVV--Compliance Dates for New and Existing Boat
Manufacturing Facilities
Table 2 to Subpart VVVV--Alternative HAP Content Requirements for
Open Molding Resin and Gel Coat Operations
Table 3 to Subpart VVVV--MACT Model Point Value Formulas for Open
Molding Operations
Table 4 to Subpart VVVV--Operating Limits If Using an Add-on Control
Device for Open Molding Operations
Table 5 to Subpart VVVV--Default Organic HAP Contents of Solvents
and Solvent Blends
Table 6 to Subpart VVVV--Default Organic HAP Contents of Petroleum
Solvent Groups
Table 7 to Subpart VVVV--Applicability and Timing of Notifications
Table 8 to Subpart VVVV--Applicability of General Provisions (40 CFR
Part 63, Subpart A) to Subpart VVVV
What the Subpart Covers
Sec. 63.5680 What is the purpose of this subpart?
(a) This subpart establishes national emission standards for
hazardous air pollutants (HAP) for new and existing boat manufacturing
facilities with resin and gel coat operations, carpet and fabric
adhesive operations, or aluminum recreational boat surface coating
operations. This subpart also establishes requirements to demonstrate
initial and continuous compliance with the emission standards.
Sec. 63.5683 Does this subpart apply to me?
(a) This subpart applies to you if you meet both of the criteria
listed in paragraphs (a)(1) and (2) of this section.
(1) You are the owner or operator of a boat manufacturing facility
that builds fiberglass boats or aluminum recreational boats.
(2) Your boat manufacturing facility is a major source of HAP
either in and of itself, or because it is collocated with other sources
of HAP, such that all sources combined constitute a major source.
(b) A boat manufacturing facility is a facility that manufactures
hulls or decks of boats from fiberglass or aluminum, or assembles boats
from premanufactured hulls and decks, or builds molds to make
fiberglass hulls or decks. A facility that manufactures only parts of
boats (such as hatches, seats, or lockers) or boat trailers is not
considered a boat manufacturing facility for the purpose of this
subpart.
(c) A major source is any stationary source or group of stationary
sources located within a contiguous area and under common control that
emits or can potentially emit, considering controls, in the aggregate,
9.1 megagrams (10 tons) or more per year of a single HAP or 22.7
megagrams (25 tons) or more per year of a combination of HAP.
[[Page 44233]]
(d) This subpart does not apply to aluminum coating operations on
aluminum boats intended for commercial or military (nonrecreational)
use, antifoulant coatings, assembly adhesives, fiberglass hull and deck
coatings, research and development activities, mold sealing and release
agents, mold stripping and cleaning solvents, and wood coatings as
defined in Sec. 63.5779. This subpart does not apply to materials
contained in handheld aerosol cans.
Sec. 63.5686 How do I demonstrate that my facility is not a major
source?
You can demonstrate that your facility is not a major source by
using the procedures in either paragraph (a) or (b) of this section.
(a) Emission option. You must demonstrate that your facility does
not emit, and does not have the potential to emit as defined in
Sec. 63.2, considering federally enforceable permit limits, 9.1
megagrams (10 tons) or more per year of a single HAP or 22.7 megagrams
(25 tons) or more per year of a combination of HAP. To calculate your
facility's potential to emit, you must include emissions from the boat
manufacturing facility and all other sources that are collocated and
under common ownership or control with the boat manufacturing facility.
(b) Material consumption option. This option can be used if you
manufacture either fiberglass boats or aluminum recreational boats at
your facility. You must meet the criteria in paragraph (b)(1), (2), or
(3) of this section and comply with the requirements in paragraph (c)
of this section. If you initially rely on the limits and criteria
specified in paragraph (b)(1), (2), or (3) of this section to become an
area source, but then exceed the relevant limit (without first
obtaining and complying with other limits that keep your potential to
emit HAP below major source levels), your facility will then become a
major source, and you must comply with all applicable provisions of
this subpart beginning on the compliance date specified in
Sec. 63.5695. Nothing in this paragraph is intended to preclude you
from limiting your facility's potential to emit through other federally
enforceable mechanisms available through your permitting authority.
(1) If your facility is primarily a fiberglass boat manufacturing
facility, you must demonstrate that you consume less than 45.4
megagrams per rolling 12-month period of all combined polyester-and
vinylester-based resins and gel coats (including tooling and production
resins and gel coats, and clear gel coats), and you must demonstrate
that at least 90 percent of total annual HAP emissions at the facility
(including emissions from aluminum recreational boat manufacturing or
other source categories) originate from the fiberglass boat
manufacturing materials.
(2) If your facility is primarily an aluminum recreational boat
manufacturing facility, you must demonstrate that it consumes less than
18.2 megagrams per rolling 12-month period of all combined surface
coatings, aluminum wipedown solvents, application gun cleaning
solvents, and carpet and fabric adhesives; and you must demonstrate
that at least 90 percent of total annual HAP emissions at the facility
(including emissions from fiberglass boat manufacturing or other source
categories) originate from the aluminum recreational boat manufacturing
materials.
(3) If your facility is a fiberglass boat or an aluminum
recreational boat manufacturing facility, you must demonstrate that the
boat manufacturing materials consumed per rolling 12-month period
contain a total of less than 4.6 megagrams of any single HAP and less
than 11.4 megagrams of all combined HAP, and you must demonstrate that
at least 90 percent of total annual HAP emissions at the facility
(including emissions from other source categories) originate from these
boat manufacturing materials.
(c) If you use the material consumption option described in
paragraph (b) of this section to demonstrate that you are not a major
source, you must comply with the requirements of paragraphs (c)(1)
through (3) of this section.
(1) If your facility has HAP emissions that do not originate from
boat manufacturing operations or materials described in paragraph (b),
then you must keep any records necessary to demonstrate that the 90
percent criterion is met.
(2) A rolling 12-month period includes the previous 12 months of
operation. You must maintain records of the total amount of materials
described in paragraph (b) of this section used each month, and, if
necessary, the HAP content of each material and the calculation of the
total HAP consumed each month. Because records are needed for a 12-
month period, you must keep records beginning no later than 12 months
before the compliance date specified in Sec. 63.5695. Records must be
kept for 5 years after they are created.
(3) In determining whether the 90 percent criterion included in
paragraph (b) of this section is met, you do not need to include
materials used in routine janitorial, building, or facility grounds
maintenance; personal uses by employees or other persons; or products
used for maintaining motor vehicles operated by the facility.
Sec. 63.5689 What parts of my facility are covered by this subpart?
The affected source (the portion of your boat manufacturing
facility covered by this subpart) is the combination of all of the boat
manufacturing operations listed in paragraphs (a) through (f) of this
section.
(a) Open molding resin and gel coat operations (including pigmented
gel coat, clear gel coat, production resin, tooling gel coat, and
tooling resin).
(b) Closed molding resin operations.
(c) Resin and gel coat mixing operations.
(d) Resin and gel coat application equipment cleaning operations.
(e) Carpet and fabric adhesive operations.
(f) Aluminum hull and deck coating operations, including solvent
wipedown operations and paint spray gun cleaning operations, on
aluminum recreational boats.
Sec. 63.5692 How do I know if my boat manufacturing facility is a new
source or an existing source?
(a) A boat manufacturing facility is a new source if it meets the
criteria in paragraphs (a)(1) through (3) of this section.
(1) You commence construction of the affected source after July 14,
2000.
(2) It is a major source.
(3) It is a completely new boat manufacturing affected source where
no other boat manufacturing affected source existed prior to the
construction of the new source.
(b) For the purposes of this subpart, an existing source is any
source that is not a new source.
Sec. 63.5695 When must I comply with this subpart?
You must comply with the standards in this subpart by the
compliance dates specified in Table 1 to this subpart.
Standards for Open Molding Resin and Gel Coat Operations
Sec. 63.5698 What emission limit must I meet for open molding resin
and gel coat operations?
(a) You must limit organic HAP emissions from the five open molding
operations listed in paragraphs (a)(1) through (5) of this section to
the emission limit specified in paragraph (b) of this section.
Operations listed in paragraph (d) are exempt from this limit.
(1) Production resin.
[[Page 44234]]
(2) Pigmented gel coat.
(3) Clear gel coat.
(4) Tooling resin.
(5) Tooling gel coat.
(b) You must limit organic HAP emissions from open molding
operations to the limit specified by equation 1 of this section, based
on a 12-month rolling average.
[GRAPHIC] [TIFF OMITTED] TR22AU01.011
Where:
HAP Limit= total allowable organic HAP that can be emitted from the
open molding operations, kilograms.
MR = mass of production resin used in the past 12 months,
excluding any materials exempt under paragraph (d) of this section,
megagrams.
MPG = mass of pigmented gel coat used in the past 12 months,
excluding any materials exempt under paragraph (d) of this section,
megagrams.
MCG = mass of clear gel coat used in the past 12 months,
excluding any materials exempt under paragraph (d) of this section,
megagrams.
MTR = mass of tooling resin used in the past 12 months,
excluding any materials exempt under paragraph (d) of this section,
megagrams.
MTG = mass of tooling gel coat used in the past 12 months,
excluding any materials exempt under paragraph (d) of this section,
megagrams.
(c) The open molding emission limit is the same for both new and
existing sources.
(d) The materials specified in paragraphs (d)(1) through (3) of
this section are exempt from the open molding emission limit specified
in paragraph (b) of this section.
(1) Production resins (including skin coat resins) that must meet
specifications for use in military vessels or must be approved by the
U.S. Coast Guard for use in the construction of lifeboats, rescue
boats, and other life-saving appliances approved under 46 CFR
subchapter Q or the construction of small passenger vessels regulated
by 46 CFR subchapter T. Production resins for which this exemption is
used must be applied with nonatomizing (non-spray) resin application
equipment. You must keep a record of the resins for which you are using
this exemption.
(2) Pigmented, clear, and tooling gel coat used for part or mold
repair and touch up. The total gel coat materials included in this
exemption must not exceed 1 percent by weight of all gel coat used at
your facility on a 12-month rolling-average basis. You must keep a
record of the amount of gel coats used per month for which you are
using this exemption and copies of calculations showing that the exempt
amount does not exceed 1 percent of all gel coat used.
(3) Pure, 100 percent vinylester resin used for skin coats. This
exemption does not apply to blends of vinylester and polyester resins
used for skin coats. The total resin materials included in the
exemption cannot exceed 5 percent by weight of all resin used at your
facility on a 12-month rolling-average basis. You must keep a record of
the amount of 100 percent vinylester skin coat resin used per month
that is eligible for this exemption and copies of calculations showing
that the exempt amount does not exceed 5 percent of all resin used.
Sec. 63.5701 What are my options for complying with the open molding
emission limit?
You must use one or more of the options listed in paragraphs (a)
through (c) of this section to meet the emission limit in Sec. 63.5698
for the resins and gel coats used in open molding operations at your
facility.
(a) Maximum achievable control technology (MACT) model point value
averaging (emissions averaging) option.
(1) Demonstrate that emissions from the open molding resin and gel
coat operations that you average meet the emission limit in
Sec. 63.5698 using the procedures described in Sec. 63.5710. Compliance
with this option is based on a 12-month rolling average.
(2) Those operations and materials not included in the emissions
average must comply with either paragraph (b) or (c) of this section.
(b) Compliant materials option. Demonstrate compliance by using
resins and gel coats that meet the organic HAP content requirements in
Table 2 to this subpart. Compliance with this option is based on a 12-
month rolling average.
(c) Add-on control option. Use an enclosure and add-on control
device, and demonstrate that the resulting emissions meet the emission
limit in Sec. 63.5698. Compliance with this option is based on control
device performance testing and control device monitoring.
Sec. 63.5704 What are the general requirements for complying with the
open molding emission limit?
(a) Emissions averaging option. For those open molding operations
and materials complying using the emissions averaging option, you must
demonstrate compliance by performing the steps in paragraphs (a)(1)
through (5) of this section.
(1) Use the methods specified in Sec. 63.5758 to determine the
organic HAP content of resins and gel coats.
(2) Complete the calculations described in Sec. 63.5710 to show
that the organic HAP emissions do not exceed the limit specified in
Sec. 63.5698.
(3) Keep records as specified in paragraphs (a)(3)(i) through (iv)
of this section for each resin and gel coat.
(i) Hazardous air pollutant content.
(ii) Amount of material used per month.
(iii) Application method used for production resin and tooling
resin. This record is not required if all production resins and tooling
resins are applied with nonatomized technology.
(iv) Calculations performed to demonstrate compliance based on MACT
model point values, as described in Sec. 63.5710.
(4) Prepare and submit the implementation plan described in
Sec. 63.5707 to the Administrator and keep it up to date.
(5) Submit semiannual compliance reports to the Administrator as
specified in Sec. 63.5764.
(b) Compliant materials option. For each open molding operation
complying using the compliant materials option, you must demonstrate
compliance by performing the steps in paragraphs (b)(1) through (4) of
this section.
(1) Use the methods specified in Sec. 63.5758 to determine the
organic HAP content of resins and gel coats.
(2) Complete the calculations described in Sec. 63.5713 to show
that the weighted-average organic HAP content does not exceed the limit
specified in Table 2 to this subpart.
(3) Keep records as specified in paragraphs (b)(3)(i) through (iv)
of this section for each resin and gel coat.
(i) Hazardous air pollutant content.
(ii) Application method for production resin and tooling resin.
This record is not required if all production resins and tooling resins
are applied with nonatomized technology.
(iii) Amount of material used per month. This record is not
required for an operation if all materials used for that operation
comply with the organic HAP content requirements.
[[Page 44235]]
(iv) Calculations performed, if required, to demonstrate compliance
based on weighted-average organic HAP content as described in
Sec. 63.5713.
(4) Submit semiannual compliance reports to the Administrator as
specified in Sec. 63.5764.
(c) Add-on control option. If you are using an add-on control
device, you must demonstrate compliance by performing the steps in
paragraphs (c)(1) through (5) of this section.
(1) Conduct a performance test of the control device as specified
in Secs. 63.5719 and 63.5722 to demonstrate initial compliance.
(2) Use the performance test results to determine control device
parameters to monitor after the performance test as specified in
Sec. 63.5725.
(3) Comply with the operating limits specified in Sec. 63.5715 and
the control device and emission capture system monitoring requirements
specified in Sec. 63.5725 to demonstrate continuous compliance.
(4) Keep the records specified in Sec. 63.5767.
(5) Submit to the Administrator the notifications and reports
specified in Secs. 63.5761 and 63.5764.
Sec. 63.5707 What is an implementation plan for open molding
operations and when do I need to prepare one?
(a) You must prepare an implementation plan for all open molding
operations for which you comply by using the emissions averaging option
described in Sec. 63.5704(a).
(b) The implementation plan must describe the steps you will take
to bring the open molding operations covered by this subpart into
compliance. For each operation included in the emissions average, your
implementation plan must include the elements listed in paragraphs
(b)(1) through (3) of this section.
(1) A description of each operation included in the average.
(2) The maximum organic HAP content of the materials used, the
application method used (if any atomized resin application methods are
used in the average), and any other methods used to control emissions.
(3) Calculations showing that the operations covered by the plan
will comply with the open molding emission limit specified in
Sec. 63.5698.
(c) You must submit the implementation plan to the Administrator
with the notification of compliance status specified in Sec. 63.5761.
(d) You must keep the implementation plan on site and provide it to
the Administrator when asked.
(e) If you revise the implementation plan, you must submit the
revised plan with your next semiannual compliance report specified in
Sec. 63.5764.
Sec. 63.5710 How do I demonstrate compliance using emissions
averaging?
(a) Compliance using the emissions averaging option is demonstrated
on a 12-month rolling-average basis and is determined at the end of
every month (12 times per year). The first 12-month rolling-average
period begins on the compliance date specified in Sec. 63.5695.
(b) At the end of the twelfth month after your compliance date and
at the end of every subsequent month, use equation 1 of this section to
demonstrate that the organic HAP emissions from those operations
included in the average do not exceed the emission limit in
Sec. 63.5698 calculated for the same 12-month period. (Include terms in
equation 1 of Sec. 63.5698 and equation 1 of this section for only
those operations and materials included in the average.)
[GRAPHIC] [TIFF OMITTED] TR22AU01.012
Where:
HAP emissions= Organic HAP emissions calculated using MACT model point
values for each operation included in the average, kilograms.
PVR= Weighted-average MACT model point value for production
resin used in the past 12 months, kilograms per megagram.
MR= Mass of production resin used in the past 12 months,
megagrams.
PVPG= Weighted-average MACT model point value for pigmented
gel coat used in the past 12 months, kilograms per megagram.
MPG= Mass of pigmented gel coat used in the past 12 months,
megagrams.
PVCG= Weighted-average MACT model point value for clear gel
coat used in the past 12 months, kilograms per megagram.
MCG= Mass of clear gel coat used in the past 12 months,
megagrams.
PVTR= Weighted-average MACT model point value for tooling
resin used in the past 12 months, kilograms per megagram.
MTR= Mass of tooling resin used in the past 12 months,
megagrams.
PVTG= Weighted-average MACT model point value for tooling
gel coat used in the past 12 months, kilograms per megagram.
MTG= Mass of tooling gel coat used in the past 12 months,
megagrams.
(c) At the end of every month, use equation 2 of this section to
compute the weighted-average MACT model point value for each open
molding resin and gel coat operation included in the average.
[GRAPHIC] [TIFF OMITTED] TR22AU01.013
Where:
PVOP=weighted-average MACT model point value for each open
molding operation (PVR, PVPG, PVCG,
PVPVTR, and PVPVTG) included in the average,
kilograms of HAP per megagram of material applied.
Mi=mass of resin or gel coat i used within an operation in
the past 12 months, megagrams.
n=number of different open molding resins and gel coats used within an
operation in the past 12 months.
PVi=the MACT model point value for resin or gel coat i used
within an operation in the past 12 months, kilograms of HAP per
megagram of material applied.
(d) You must use the equations in Table 3 to this subpart to
calculate the MACT model point value (PVi) for each resin
and gel coat used in each operation in the past 12 months.
(e) If the organic HAP emissions, as calculated in paragraph (b) of
this section, are less than the organic HAP limit calculated in
Sec. 63.5698(b) for the same 12-month period, then you are in
compliance with the emission limit in Sec. 63.5698 for those operations
and materials included in the average.
Sec. 63.5713 How do I demonstrate compliance using compliant
materials?
(a) Compliance using the organic HAP content requirements listed in
Table 2 to this subpart is based on a 12-month rolling average that is
calculated at the end of every month. The first 12-month rolling-
average period begins on the compliance date specified in Sec. 63.5695.
[[Page 44236]]
If you are using filled material (production resin or tooling resin),
you must comply according to the procedure described in Sec. 63.5714.
(b) At the end of the twelfth month after your compliance date and
at the end of every subsequent month, review the organic HAP contents
of the resins and gel coats used in the past 12 months in each
operation. If all resins and gel coats used in an operation have
organic HAP contents no greater than the applicable organic HAP content
limits in Table 2 to this subpart, then you are in compliance with the
emission limit specified in Sec. 63.5698 for that 12-month period for
that operation. In addition, you do not need to complete the weighted-
average organic HAP content calculation contained in paragraph (c) of
this section for that operation.
(c) At the end of every month, you must use equation 1 of this
section to calculate the weighted-average organic HAP content for all
resins and gel coats used in each operation in the past 12 months.
[GRAPHIC] [TIFF OMITTED] TR22AU01.014
Where:
Mi = mass of open molding resin or gel coat i used in the
past 12 months in an operation, megagrams.
HAPi = Organic HAP content, by weight percent, of open
molding resin or gel coat i used in the past 12 months in an operation.
Use the methods in Sec. 63.5758 to determine organic HAP content.
n = number of different open molding resins or gel coats used in the
past 12 months in an operation.
(d) If the weighted-average organic HAP content does not exceed the
applicable organic HAP content limit specified in Table 2 to this
subpart, then you are in compliance with the emission limit specified
in Sec. 63.5698.
Sec. 63.5714 How do I demonstrate compliance if I use filled resins?
(a) If you are using a filled production resin or filled tooling
resin, you must demonstrate compliance for the filled material on an
as-applied basis using equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TR22AU01.015
Where:
PVF = The as-applied MACT model point value for a filled
production resin or tooling resin, kilograms organic HAP per megagram
of filled material.
PVu = The MACT model point value for the neat (unfilled)
resin, before filler is added, as calculated using the formulas in
Table 3 to this subpart.
% Filler =The weight-percent of filler in the as-applied filled resin
system.
(b) If the filled resin is used as a production resin and the value
of PVF calculated by equation 1 of this section does not
exceed 46 kilograms of organic HAP per megagram of filled resin
applied, then the filled resin is in compliance.
(c) If the filled resin is used as a tooling resin and the value of
PVF calculated by equation 1 of this section does not exceed
54 kilograms of organic HAP per megagram of filled resin applied, then
the filled resin is in compliance.
(d) If you are including a filled resin in the emissions averaging
procedure described in Sec. 63.5710, then use the value of
PVF calculated using equation 1 of this section for the
value of PV i in equation 2 of Sec. 63.5710.
Demonstrating Compliance for Open Molding Operations Controlled by
Add-On Control Devices
Sec. 63.5715 What operating limits must I meet?
(a) For open molding operations on which you use a thermal oxidizer
as an add-on control device, you must meet the operating limits
specified in Table 4 to this subpart that apply to the emission capture
system and thermal oxidizer. You must establish the operating limits
during the performance test according to the procedures in
Sec. 63.5725. You must meet the operating limits at all times after you
establish them.
(b) If you use an add-on control device other than a thermal
oxidizer, 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. 63.5716 When must I conduct a performance test?
(a) If your source is an existing source, you must complete the
add-on control device performance test no later than the compliance
date specified in Sec. 63.5695.
(b) If your source is a new source, you must complete the add-on
control device performance test no later than 180 days after the
compliance date specified in Sec. 63.5695.
(c) You must conduct a performance test every 5 years as part of
renewing your 40 CFR part 70 or 71 operating permit.
Sec. 63.5719 How do I conduct a performance test?
(a) You must capture the emissions using a permanent enclosure
(such as a spray booth or similar containment device) and direct the
captured emissions to the add-on control device.
(b) You must measure emissions as specified in paragraph (b)(1) or
(2) of this section.
(1) If the enclosure vented to the control device is a permanent
total enclosure as defined in Method 204 of appendix M to 40 CFR part
51, then you may measure emissions only at the outlet of the control
device.
(2) If the permanent enclosure vented to the control device is not
a total enclosure, you must build a temporary total enclosure, as
defined in Method 204 of appendix M to 40 CFR part 51, around the
permanent enclosure. You must then simultaneously measure emissions
from the control device outlet and the emissions from the temporary
total enclosure outlet. You determine compliance from the combined
emissions from the control device outlet and the temporary total
enclosure outlet.
(c) You must conduct the control device performance test using the
emission measurement methods specified in paragraphs (c)(1) through (4)
of this section.
(1) Use either Method 1 or 1A of appendix A to 40 CFR part 60, as
appropriate, to select the sampling sites.
(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.
[[Page 44237]]
(3) Use Method 18 of appendix A to 40 CFR part 60 to measure
organic HAP emissions or use Method 25A of appendix A to 40 CFR part 60
to measure total gaseous organic emissions as a surrogate for total
organic HAP emissions. If you use Method 25A, you must assume that all
gaseous organic emissions measured as carbon are organic HAP emissions.
If you use Method 18 and the number of organic HAP in the exhaust
stream exceeds five, you must take into account the use of multiple
chromatographic columns and analytical techniques to get an accurate
measure of at least 90 percent of the total organic HAP mass emissions.
Do not use Method 18 to measure organic HAP emissions from a combustion
device; use instead Method 25A and assume that all gaseous organic mass
emissions measured as carbon are organic HAP emissions.
(4) You may use American Society for Testing and Materials (ASTM)
D6420-99 (available for purchase from at least one of the following
addresses: 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or
University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI
48106.) in lieu of Method 18 of 40 CFR part 60, appendix A, under the
conditions specified in paragraphs (c)(4)(i) through (iii) of this
section.
(i) If the target compound(s) is listed in Section 1.1 of ASTM
D6420-99 and the target concentration is between 150 parts per billion
by volume and 100 parts per million by volume.
(ii) If the target compound(s) is not listed in Section 1.1 of ASTM
D6420-99, but is potentially detected by mass spectrometry, an
additional system continuing calibration check after each run, as
detailed in Section 10.5.3 of ASTM D6420-99, must be followed, met,
documented, and submitted with the performance test report even if you
do not use a moisture condenser or the compound is not considered
soluble.
(iii) If a minimum of one sample/analysis cycle is completed at
least every 15 minutes.
(d) The control device performance test must consist of three runs
and each run must last at least 1 hour. The production conditions
during the test runs must represent normal production conditions with
respect to the types of parts being made and material application
methods. The production conditions during the test must also represent
maximum potential emissions with respect to the organic HAP content of
the materials being applied and the material application rates.
(e) During the test, you must also monitor and record separately
the amounts of production resin, tooling resin, pigmented gel coat,
clear gel coat, and tooling gel coat applied inside the enclosure that
is vented to the control device.
Sec. 63.5722 How do I use the performance test data to demonstrate
initial compliance?
Demonstrate initial compliance with the open molding emission limit
as described in paragraphs (a) through (c) of this section:
(a) Calculate the organic HAP limit you must achieve using equation
1 of Sec. 63.5698. For determining initial compliance, the organic HAP
limit is based on the amount of material used during the performance
test, in megagrams, rather than during the past 12 months. Calculate
the limit using the megagrams of resin and gel coat applied inside the
enclosure during the three runs of the performance test and equation 1
of Sec. 63.5698.
(b) Add the total measured emissions, in kilograms, from all three
of the 1-hour runs of the performance test.
(c) If the total emissions from the three 1-hour runs of the
performance test are less than the organic HAP limit calculated in
paragraph (a) of this section, then you have demonstrated initial
compliance with the emission limit in Sec. 63.5698 for those operations
performed in the enclosure and controlled by the add-on control device.
Sec. 63.5725 What are the requirements for monitoring and
demonstrating continuous compliance?
(a) You must establish control device parameters that indicate
proper operation of the control device.
(b) You must install, operate, and maintain a continuous parameter
monitoring system as specified in paragraphs (b)(1) through (8) 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 operation to have
a valid hour of data.
(2) You must have valid data from at least 90 percent of the hours
during which the process operated.
(3) 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.
(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 open molding operation is being
performed, 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) You must record the results of each inspection, calibration,
and validation check.
(8) Any period for which the monitoring system is out-of-control,
as defined in Sec. 63.7(d)(7), or malfunctioning, and data are not
available for required calculations is a deviation from the monitoring
requirements. 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.
(c) Enclosure bypass line. You must meet the requirements of
paragraphs (c)(1) and (2) of this section for each emission capture
system enclosure that contains bypass lines that could divert emissions
away from the add-on control device to the atmosphere.
(1) You must monitor or secure the valve or closure mechanism
controlling the bypass line in a nondiverting position in such a way
that the valve or closure mechanism cannot be opened without creating a
record that the valve was opened. The method used to monitor or secure
the valve or closure mechanism must meet one of the requirements
specified in paragraphs (c)(1)(i) through (iv) of this section.
(i) Flow control position indicator. Install, calibrate, maintain,
and operate according to the manufacturer's specifications a flow
control position indicator that takes a reading at least once every 15
minutes and provides a record indicating whether the emissions are
directed to the add-on control device or diverted from the add-on
control device. The time of occurrence and flow control position must
be recorded, as
[[Page 44238]]
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 monitoring
of valve position at least once every 15 minutes. You must inspect the
monitoring system at least once every month to verify that the monitor
will indicate valve position.
(iv) Automatic shutdown system. Use an automatic shutdown system in
which the open molding operation is stopped when flow is diverted by
the bypass line away from the add-on control device to the atmosphere
when the open molding operation is running. You must inspect the
automatic shutdown system at least once every month to verify that it
will detect diversions of flow and shut down the open molding
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. 63.5764(d).
(d) Thermal oxidizers. If you are using a thermal oxidizer or
incinerator as an add-on control device, you must comply with the
requirements in paragraphs (d)(1) through (6) of this section.
(1) You must install a combustion temperature monitoring device in
the firebox of the thermal oxidizer or incinerator, or in the duct
immediately downstream of the firebox before any substantial heat
exchange occurs. You must meet the requirements in paragraphs (b) and
(d)(1)(i) through (vii) of this section for each temperature monitoring
device.
(i) Locate the temperature sensor in a position that provides a
representative temperature.
(ii) Use a temperature sensor with a minimum tolerance of 2.2 deg.
C 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 chart recorder is used, it must have a sensitivity in the
minor division of at least 10 deg. C.
(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 16.7 deg. C 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.
(2) Before or during the performance test, you must conduct a
performance evaluation of the combustion temperature monitoring system
according to Sec. 63.8(e). Section 63.8(e) specifies the general
requirements for continuous monitoring systems and requirements for
notifications, the site-specific performance evaluation plan, conduct
of the performance evaluation, and reporting of performance evaluation
results.
(3) During the performance test required by Sec. 63.5716, you must
monitor and record the combustion temperature and determine the average
combustion temperature for the three 1-hour test runs. This average
temperature is the minimum operating limit for the thermal oxidizer.
(4) Following the performance test, you must continuously monitor
the combustion temperature and record the average combustion
temperature no less frequently than every 15 minutes.
(5) You must operate the incinerator or thermal oxidizer so that
the average combustion temperature in any 3-hour period does not fall
below the average combustion temperature recorded during the
performance test.
(6) If the average combustion temperature in any 3-hour period
falls below the average combustion temperature recorded during the
performance test, or if you fail to collect the minimum data specified
in paragraph (d)(4) of this section, it is a deviation for the
operating limit in Sec. 63.5715.
(e) Other control devices. If you are using a control device other
a thermal oxidizer, then you must comply with alternative monitoring
requirements and operating limits approved by the Administrator under
Sec. 63.8(f).
(f) Emission capture system. For each enclosure in the emission
capture system, you must comply with the requirements in paragraphs
(f)(1) through (5) of this section.
(1) You must install a device to measure and record either the flow
rate or the static pressure in the duct from each enclosure to the add-
on control device.
(2) You must install a device to measure and record the pressure
drop across at least one opening in each enclosure.
(3) Each flow measurement device must meet the requirements in
paragraphs (b) and (f)(3)(i) through (iv) of this section.
(i) Locate the flow sensor in a position that provides a
representative flow measurement in the duct between each enclosure in
the emission capture system and the add-on control device.
(ii) Reduce swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
(iii) Conduct a flow sensor calibration check at least
semiannually.
(iv) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(4) For each pressure measurement device, you must comply with the
requirements in paragraphs (a) and (f)(4)(i) through (vii) of this
section.
(i) Locate each pressure drop sensor in or as close to a position
that provides a representative measurement of the pressure drop across
each enclosure opening you are monitoring.
(ii) Locate each duct static pressure sensor in a position that
provides a representative measurement of the static pressure in the
duct between the enclosure and control device.
(iii) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(iv) Check the pressure tap for plugging daily.
(v) Use an inclined manometer with a measurement sensitivity of
0.0004 millimeters mercury (mmHg) to 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.
(5) For each capture device that is not part of a permanent total
enclosure as defined in Method 204 in appendix M to 40 CFR part 51, you
must establish
[[Page 44239]]
an operating limit for either the gas volumetric flow rate or duct
static pressure, as specified in paragraphs (f)(5)(i) and (ii) of this
section. You must also establish an operating limit for pressure drop
across at least one opening in each enclosure according to paragraphs
(f)(5)(iii) and (iv) of this section. The operating limits for a
permanent total enclosure are specified in Table 4 to this subpart.
(i) During the emission test required by Sec. 63.5716 and described
in Sec. 63.5719, you must monitor and record either the gas volumetric
flow rate or the duct static pressure for each separate enclosure 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 enclosure and
the add-on control device inlet.
(ii) Following the emission test, calculate and record the average
gas volumetric flow rate or duct static pressure for the three test
runs for each enclosure. This average gas volumetric flow rate or duct
static pressure is the minimum operating limit for that specific
enclosure.
(iii) During the emission test required by Sec. 63.5716 and
described in Sec. 63.5719, you must monitor and record the pressure
drop across the opening of each enclosure in your emission capture
system at least once every 15 minutes during each of the three test
runs.
(iv) Following the emission test, calculate and record the average
pressure drop for the three test runs for each enclosure. This average
pressure drop is the minimum operating limit for that specific
enclosure.
Standards for Closed Molding Resin Operations
Sec. 63.5728 What standards must I meet for closed molding resin
operations?
(a) If a resin application operation meets the definition of closed
molding specified in Sec. 63.5779, there is no requirement to reduce
emissions from that operation.
(b) If the resin application operation does not meet the definition
of closed molding, then you must comply with the limit for open molding
resin operations specified in Sec. 63.5698.
(c) Open molding resin operations that precede a closed molding
operation must comply with the limit for open molding resin and gel
coat operations specified in Sec. 63.5698. Examples of these operations
include gel coat or skin coat layers that are applied before lamination
is performed by closed molding.
Standards for Resin and Gel Coat Mixing Operations
Sec. 63.5731 What standards must I meet for resin and gel coat mixing
operations?
(a) All resin and gel coat mixing containers with a capacity equal
to or greater than 208 liters, including those used for on-site mixing
of putties and polyputties, must have a cover with no visible gaps in
place at all times.
(b) The work practice standard in paragraph (a) of this section
does not apply when material is being manually added to or removed from
a container, or when mixing or pumping equipment is being placed in or
removed from a container.
(c) To demonstrate compliance with the work practice standard in
paragraph (a) of this section, you must visually inspect all mixing
containers subject to this standard at least once per month. The
inspection should ensure that all containers have covers with no
visible gaps between the cover and the container, or between the cover
and equipment passing through the cover.
(d) You must keep records of which mixing containers are subject to
this standard and the results of the inspections, including a
description of any repairs or corrective actions taken.
Standards for Resin and Gel Coat Application Equipment Cleaning
Operations
Sec. 63.5734 What standards must I meet for resin and gel coat
application equipment cleaning operations?
(a) For routine flushing of resin and gel coat application
equipment (e.g., spray guns, flowcoaters, brushes, rollers, and
squeegees), you must use a cleaning solvent that contains no more than
5 percent organic HAP by weight. For removing cured resin or gel coat
from application equipment, no organic HAP content limit applies.
(b) You must store organic HAP-containing solvents used for
removing cured resin or gel coat in containers with covers. The covers
must have no visible gaps and must be in place at all times, except
when equipment to be cleaned is placed in or removed from the
container. On containers with a capacity greater than 7.6 liters, the
distance from the top of the container to the solvent surface must be
no less than 0.75 times the diameter of the container. Containers that
store organic HAP-containing solvents used for removing cured resin or
gel coat are exempt from the requirements of 40 CFR part 63, subpart T.
Cured resin or gel coat means resin or gel coat that has changed from a
liquid to a solid.
Sec. 63.5737 How do I demonstrate compliance with the resin and gel
coat application equipment cleaning standards?
(a) Determine and record the organic HAP content of the cleaning
solvents subject to the standards specified in Sec. 63.5734 using the
methods specified in Sec. 63.5758.
(b) If you recycle cleaning solvents on site, you may use
documentation from the solvent manufacturer or supplier or a
measurement of the organic HAP content of the cleaning solvent as
originally obtained from the solvent supplier for demonstrating
compliance, subject to the conditions in Sec. 63.5758 for demonstrating
compliance with organic HAP content limits.
(c) At least once per month, you must visually inspect any
containers holding organic HAP-containing solvents used for removing
cured resin and gel coat to ensure that the containers have covers with
no visible gaps. Keep records of the monthly inspections and any
repairs made to the covers.
Standards for Carpet and Fabric Adhesive Operations
Sec. 63.5740 What emission limit must I meet for carpet and fabric
adhesive operations?
(a) You must use carpet and fabric adhesives that contain no more
than 5 percent organic HAP by weight.
(b) To demonstrate compliance with the emission limit in paragraph
(a) of this section, you must determine and record the organic HAP
content of the carpet and fabric adhesives using the methods in
Sec. 63.5758.
Standards for Aluminum Recreational Boat Surface Coating Operations
Sec. 63.5743 What standards must I meet for aluminum recreational boat
surface coating operations?
(a) For aluminum wipedown solvent operations and aluminum surface
coating operations, you must comply with either the separate emission
limits in paragraphs (a)(1) and (2) of this section, or the combined
emission limit in paragraph (a)(3) of this section. Compliance with
these limitations is based on a 12-month rolling average that is
calculated at the end of every month.
(1) You must limit emissions from aluminum wipedown solvents to no
more than 0.33 kilograms of organic HAP per liter of total coating
solids applied from aluminum primers, clear coats, and top coats
combined. No limit applies when cleaning surfaces are receiving decals
or adhesive graphics.
(2) You must limit emissions from aluminum recreational boat
surface coatings (including thinners, activators, primers, topcoats,
and clear coats) to no
[[Page 44240]]
more than 1.22 kilograms of organic HAP per liter of total coating
solids applied from aluminum primers, clear coats, and top coats
combined.
(3) You must limit emissions from the combined aluminum surface
coatings and aluminum wipedown solvents to no more than 1.55 kilograms
of organic HAP per liter of total coating solids applied from aluminum
primers, clear coats, and top coats combined.
(b) You must comply with the work practice standard in paragraph
(b)(1), (2), (3), or (4) of this section when cleaning aluminum coating
spray guns with solvents containing more than 5 percent organic HAP by
weight.
(1) Clean spray guns in an enclosed device. Keep the device closed
except when you place spray guns in or remove them from the device.
(2) Disassemble the spray gun and manually clean the components in
a vat. Keep the vat closed when you are not using it.
(3) Clean spray guns by placing solvent in the pressure pot and
forcing the solvent through the gun. Do not use atomizing air during
this procedure. Direct the used cleaning solvent from the spray gun
into a container that you keep closed when you are not using it.
(4) An alternative gun cleaning process or technology approved by
the Administrator according to the procedures in Sec. 63.6(g).
Sec. 63.5746 How do I demonstrate compliance with the emission limits
for aluminum wipedown solvents and aluminum coatings?
To demonstrate compliance with the emission limits for aluminum
wipedown solvents and aluminum coatings specified in Sec. 63.5743(a),
you must meet the requirements of paragraphs (a) through (f) of this
section.
(a) Determine and record the organic HAP content (kilograms of
organic HAP per kilogram of material, or weight fraction) of each
aluminum wipedown solvent and aluminum coating (including primers,
topcoats, clear coats, thinners, and activators). Use the methods in
Sec. 63.5758 to determine organic HAP content.
(b) Use the methods in Sec. 63.5758(b) to determine the solids
content (liters of solids per liter of coating, or volume fraction) of
each aluminum surface coating, including primers, topcoats, and clear
coats. Keep records of the solids content.
(c) Use the methods in Sec. 63.5758(c) to determine the density of
each aluminum surface coating and wipedown solvent.
(d) Compliance is based on a 12-month rolling average calculated at
the end of every month. The first 12-month rolling-average period
begins on the compliance date specified in Sec. 63.5695.
(e) At the end of the twelfth month after your compliance date and
at the end of every subsequent month, use the procedures in
Sec. 63.5749 to calculate the organic HAP from aluminum wipedown
solvents per liter of coating solids, and use the procedures in
Sec. 63.5752 to calculate the kilograms of organic HAP from aluminum
coatings per liter of coating solids.
(f) Keep records of the calculations used to determine compliance.
(g) Approval of alternative means of demonstrating compliance. You
may apply to the Administrator for permission to use an alternative
means (such as an add-on control system) of limiting emissions from
aluminum wipedown solvent and coating operations and demonstrating
compliance with the emission limits in Sec. 63.5743(a).
(1) The application must include the information listed in
paragraphs (g)(1)(i) through (iii) of this section.
(i) An engineering evaluation that compares the emissions using the
alternative means to the emissions that would result from using the
strategy specified in paragraphs (a) through (e) of this section. The
engineering evaluation may include the results from an emission test
that accurately measures the capture efficiency and control device
efficiency achieved by the control system and the composition of the
associated coatings so that the emissions comparison can be made.
(ii) A proposed monitoring protocol that includes operating
parameter values to be monitored for compliance and an explanation of
how the operating parameter values will be established through a
performance test.
(iii) Details of appropriate recordkeeping and reporting
procedures.
(2) The Administrator will approve the alternative means of
limiting emissions if the Administrator determines that HAP emissions
will be no greater than if the source uses the procedures described in
paragraphs (a) through (e) of this section to demonstrate compliance.
(3) The Administrator's approval may specify operation,
maintenance, and monitoring requirements to ensure that emissions from
the regulated operations are no greater than those that would otherwise
result from regulated operations in compliance with this subpart.
Sec. 63.5749 How do I calculate the organic HAP content of aluminum
wipedown solvents?
(a) Use equation 1 of this section to calculate the weighted-
average organic HAP content of aluminum wipedown solvents used in the
past 12 months.
[GRAPHIC] [TIFF OMITTED] TR22AU01.016
Where:
HAPWD= weighted-average organic HAP content of aluminum
wipedown solvents, kilograms of HAP per liter of total coating solids
from aluminum primers, top coats, and clear coats.
n = number of different wipedown solvents used in the past 12
months.
Volj= volume of aluminum wipedown solvent j used in the
past 12 months, liters.
Dj= density of aluminum wipedown solvent j, kilograms
per liter.
Wj= mass fraction of organic HAP in aluminum wipedown
solvent j.
m = number of different aluminum surface coatings (primers, top
coats, and clear coats) used in the past 12 months.
Voli = volume of aluminum primer, top coat, or clear
coat i used in the past 12 months, liters.
Solidsi= solids content aluminum primer, top coat, or
clear coat i, liter solids per liter of coating.
(b) Compliance is based on a 12-month rolling average. If the
weighted-average organic HAP content does not exceed 0.33 kilograms of
organic HAP per liter of total coating solids, then you are in
compliance with the emission limit specified in Sec. 63.5743(a)(1).
Sec. 63.5752 How do I calculate the organic HAP content of aluminum
recreational boat surface coatings?
(a) Use equation 1 of this section to calculate the weighted-
average HAP content for all aluminum surface coatings used in the past
12 months.
[[Page 44241]]
[GRAPHIC] [TIFF OMITTED] TR22AU01.017
Where:
HAPSC = weighted-average organic HAP content for all
aluminum coating materials, kilograms of organic HAP per liter of
coating solids.
m = number of different aluminum primers, top coats, and clear coats
used in the past 12 months.
Voli = volume of aluminum primer, top coat, or clear coat i
used in the past 12 months, liters.
Di= density of coating i, kilograms per liter.
Wi= mass fraction of organic HAP in coating i, kilograms of
organic HAP per kilogram of coating.
p = number of different thinners, activators, and other coating
additives used in the past 12 months.
Volk= total volume of thinner, activator, or additive k used
in the past 12 months, liters.
Dk= density of thinner, activator, or additive k, kilograms
per liter.
Wk= mass fraction of organic HAP in thinner, activator, or
additive k, kilograms of organic HAP per kilogram of thinner or
activator.
Solidsi= solids content of aluminum primer, top coat, or
clear coat i, liter solids per liter of coating.
(b) Compliance is based on a 12-month rolling average. If the
weighted-average organic HAP content does not exceed 1.22 kilograms of
organic HAP per liter of coating solids, then you are in compliance
with the emission limit specified in Sec. 63.5743(a)(2).
Sec. 63.5753 How do I calculate the combined organic HAP content of
aluminum wipedown solvents and aluminum recreational boat surface
coatings?
(a) Use equation 1 of this section to calculate the combined
weighted-average organic HAP content of aluminum wipedown solvents and
aluminum recreational boat surface coatings.
[GRAPHIC] [TIFF OMITTED] TR22AU01.018
Where:
HAPWD = the weighted-average organic HAP content of aluminum
wipedown solvents used in the past 12 months, calculated using equation
1 of Sec. 63.5749.
HAPSC = the weighted average organic HAP content of aluminum
recreational boat surface coatings used in the past 12 months,
calculated using equation 1 of Sec. 63.5752.
(b) Compliance is based on a 12-month rolling average. If the
combined organic HAP content does not exceed 1.55 kilograms of organic
HAP per liter of total coating solids, then you are in compliance with
the emission limit specified in Sec. 63.5743(a)(3).
Sec. 63.5755 How do I demonstrate compliance with the aluminum
recreational boat surface coating spray gun cleaning work practice
standards?
You must demonstrate compliance with the aluminum coating spray gun
cleaning work practice standards by meeting the requirements of
paragraph (a) or (b) of this section.
(a) Demonstrate that solvents used to clean the aluminum coating
spray guns contain no more than 5 percent organic HAP by weight by
determining organic HAP content with the methods in Sec. 63.5758. Keep
records of the organic HAP content determination.
(b) For solvents containing more than 5 percent organic HAP by
weight, comply with the requirements in paragraph (b)(1) or (b)(2), and
paragraph (b)(3) of this section.
(1) If you are using an enclosed spray gun cleaner, visually
inspect it at least once per month to ensure that covers are in place
and the covers have no visible gaps when the cleaner is not in use, and
that there are no leaks from hoses or fittings.
(2) If you are manually cleaning the gun or spraying solvent into a
container that can be closed, visually inspect all solvent containers
at least once per month to ensure that the containers have covers and
the covers fit with no visible gaps.
(3) Keep records of the monthly inspections and any repairs that
are made to the enclosed gun cleaners or the covers.
Methods for Determining Hazardous Air Pollutant Content
Sec. 63.5758 How do I determine the organic HAP content of materials?
(a) Determine the organic HAP content for each material used. To
determine the organic HAP content for each material used in your open
molding resin and gel coat operations, carpet and fabric adhesive
operations, or aluminum recreational boat surface coating operations,
you must use one of the options in paragraphs (a)(1) through (6) 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 determining organic HAP content by Method 311.
(i) Include in the organic HAP total 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 do not need
to include it in the organic HAP total. Express the mass fraction of
each organic HAP you measure as a value truncated to four places after
the decimal point (for example, 0.1234).
(ii) Calculate the total organic HAP content in the test material
by adding up the individual organic HAP contents and truncating the
result to three places after the decimal point (for example, 0.123).
(2) Method 24 (appendix A to 40 CFR part 60). You may use Method 24
to determine the mass fraction of non-aqueous volatile matter of
aluminum coatings and use that value as a substitute for mass fraction
of organic HAP.
(3) ASTM D1259-85 (Standard Test Method for Nonvolatile Content of
Resins). You may use ASTM D1259-85 (available for purchase from ASTM)
to measure the mass fraction of volatile
[[Page 44242]]
matter of resins and gel coats for open molding operations and use that
value as a substitute for mass fraction of organic HAP.
(4) Alternative method. You may use an alternative test method for
determining mass fraction of organic HAP if you obtain prior approval
by the Administrator. You must follow the procedure in Sec. 63.7(f) to
submit an alternative test method for approval.
(5) 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 (4) of this section,
such as manufacturer's formulation data, according to paragraphs
(a)(5)(i) through (iii) of this section.
(i) Include in the organic HAP total each organic HAP that is
present at 0.1 percent by mass or more for OSHA-defined carcinogens as
specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more
for other compounds. For example, if toluene (not an OSHA carcinogen)
is 0.5 percent of the material by mass, you do not have to include it
in the organic HAP total.
(ii) If the organic HAP content is provided by the material
supplier or manufacturer as a range, then you must use the upper limit
of the range for determining compliance. If a separate measurement of
the total organic HAP content using the methods specified in paragraphs
(a)(1) through (4) of this section exceeds the upper limit of the range
of the total organic HAP content provided by the material supplier or
manufacturer, then you must use the measured organic HAP content to
determine compliance.
(iii) If the organic HAP content is provided as a single value, you
may assume the value is a manufacturing target value and actual organic
HAP content may vary from the target value. If a separate measurement
of the total organic HAP content using the methods specified in
paragraphs (a)(1) through (4) of this section is less than 2 percentage
points higher than the value for total organic HAP content provided by
the material supplier or manufacturer, then you may use the provided
value to demonstrate compliance. If the measured total organic HAP
content exceeds the provided value by 2 percentage points or more, then
you must use the measured organic HAP content to determine compliance.
(6) Solvent blends. Solvent blends may be listed as single
components for some regulated materials in certifications provided by
manufacturers or suppliers. Solvent blends may contain organic HAP
which must be counted toward the total organic HAP content of the
materials. When detailed organic HAP content data for solvent blends
are not available, you may use the values for organic HAP content that
are listed in Table 5 or 6 to this subpart. You may use Table 6 to this
subpart only if the solvent blends in the materials you use do not
match any of the solvent blends in Table 5 to this subpart and you know
only whether the blend is either aliphatic or aromatic. However, if
test results indicate higher values than those listed in Table 5 or 6
to this subpart, then the test results must be used for determining
compliance.
(b) Determine the volume fraction solids in aluminum recreational
boat surface coatings. To determine the volume fraction of coating
solids (liters of coating solids per liter of coating) for each
aluminum recreational boat surface coating, you must use one of the
methods specified in paragraphs (b)(1) through (3) of this section. If
the results obtained with paragraphs (b)(2) or (3) of this section do
not to agree with those obtained according to paragraph (b)(1) of this
section, you must use the results obtained with paragraph (b)(1) of
this section to determine compliance.
(1) ASTM Method D2697-86(1998) or D6093-97. You may use ASTM Method
D2697-86(1998) or D6093-97 (available for purchase from ASTM) to
determine the volume fraction of coating solids for each coating.
Divide the nonvolatile volume percent obtained with the methods by 100
to calculate volume fraction of coating solids.
(2) Information from the supplier or manufacturer of the material.
You may obtain the volume fraction of coating solids for each coating
from the supplier or manufacturer.
(3) Calculation of volume fraction of coating solids. You may
determine it using equation 1 of this section:
[GRAPHIC] [TIFF OMITTED] TR22AU01.019
Where:
Solids=volume fraction of coating solids, liters coating solids per
liter coating.
\m\volatiles=Total volatile matter content of the coating, including
organic HAP, volatile organic compounds, 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 D1475-90 (available for purchase from ASTM),
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 D1475-90 test
results and other information sources, the test results will take
precedence.
(c) Determine the density of each aluminum recreational boat
wipedown solvent and surface coating. Determine the density of all
aluminum recreational boat wipedown solvents, surface coatings,
thinners, and other additives from test results using ASTM Method
D1475-90, 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
D1475-90 test results and other information sources, you must use the
test results to demonstrate compliance.
Notifications, Reports, and Records
Sec. 63.5761 What notifications must I submit and when?
(a) You must submit all of the notifications in Table 7 to this
subpart that apply to you by the dates in the table. The notifications
are described more fully in 40 CFR part 63, subpart A, General
Provisions, referenced in Table 8 to this subpart.
(b) If you change any information submitted in any notification,
you must submit the changes in writing to the Administrator within 15
calendar days after the change.
Sec. 63.5764 What reports must I submit and when?
(a) You must submit the applicable reports specified in paragraphs
(b) through (e) of this section. To the extent possible, you must
organize each report according to the operations covered by this
subpart and the compliance procedure followed for that operation.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec. 63.10(a), you must submit each report
by the dates in paragraphs (b)(1) through (5) of this section.
(1) If your source is not controlled by an add-on control device
(i.e., you are complying with organic HAP content limits, application
equipment requirements, or MACT model point value averaging
provisions), the first compliance report must cover the period
beginning 12 months after the compliance date specified for your source
in Sec. 63.5695 and ending on June
[[Page 44243]]
30 or December 31, whichever date is the first date following the end
of the first 12-month period after the compliance date that is
specified for your source in Sec. 63.5695. If your source is controlled
by an add-on control device, the first compliance report must cover the
period beginning on the compliance date specified for your source in
Sec. 63.5695 and ending on June 30 or December 31, whichever date is
the first date following the end of the first calendar half after the
compliance date that is specified for your source in Sec. 63.5695.
(2) The first compliance report must be postmarked or delivered no
later than 60 calendar days after the end of the compliance reporting
period specified in paragraph (b)(1) of this section.
(3) Each subsequent compliance report must cover the applicable
semiannual reporting period from January 1 through June 30 or from July
1 through December 31.
(4) Each subsequent compliance report must be postmarked or
delivered no later than 60 calendar days after the end of the
semiannual reporting period.
(5) 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 dates in paragraphs (b)(1) through (4) of this section.
(c) The compliance report must include the information specified in
paragraphs (c)(1) through (7) of this section.
(1) Company name and address.
(2) A statement by a responsible official with that official's
name, title, and signature, certifying the truth, accuracy, and
completeness of the report.
(3) The date of the report and the beginning and ending dates of
the reporting period.
(4) A description of any changes in the manufacturing process since
the last compliance report.
(5) A statement or table showing, for each regulated operation, the
applicable organic HAP content limit, application equipment
requirement, or MACT model point value averaging provision with which
you are complying. The statement or table must also show the actual
weighted-average organic HAP content or weighted-average MACT model
point value (if applicable) for each operation during each of the
rolling 12-month averaging periods that end during the reporting
period.
(6) If you were in compliance with the emission limits and work
practice standards during the reporting period, you must include a
statement to that effect.
(7) If you deviated from an emission limit or work practice
standard during the reporting period, you must also include the
information listed in paragraphs (c)(7)(i) through (iv) of this section
in the semiannual compliance report.
(i) A description of the operation involved in the deviation.
(ii) The quantity, organic HAP content, and application method (if
relevant) of the materials involved in the deviation.
(iii) A description of any corrective action you took to minimize
the deviation and actions you have taken to prevent it from happening
again.
(iv) A statement of whether or not your facility was in compliance
for the 12-month averaging period that ended at the end of the
reporting period.
(d) If your facility has an add-on control device, you must submit
semiannual compliance reports and quarterly excess emission reports as
specified in Sec. 63.10(e). The contents of the reports are specified
in Sec. 63.10(e).
(e) If your facility has an add-on control device, you must
complete a startup, shutdown, and malfunction plan as specified in
Sec. 63.6(e), and you must submit the startup, shutdown, and
malfunction reports specified in Sec. 63.10(e)(5).
Sec. 63.5767 What records must I keep?
You must keep the records specified in paragraphs (a) through (d)
of this section in addition to records specified in individual sections
of this subpart.
(a) You must keep a copy of each notification and report that you
submitted to comply with this subpart.
(b) You must keep all documentation supporting any notification or
report that you submitted.
(c) If your facility is not controlled by an add-on control device
(i.e., you are complying with organic HAP content limits, application
equipment requirements, or MACT model point value averaging
provisions), you must keep the records specified in paragraphs (c)(1)
through (3) of this section.
(1) The total amounts of open molding production resin, pigmented
gel coat, clear gel coat, tooling resin, and tooling gel coat used per
month and the weighted-average organic HAP contents for each operation,
expressed as weight-percent. For open molding production resin and
tooling resin, you must also record the amounts of each applied by
atomized and nonatomized methods.
(2) The total amount of each aluminum coating used per month
(including primers, top coats, clear coats, thinners, and activators)
and the weighted-average organic HAP content as determined in
Sec. 63.5752.
(3) The total amount of each aluminum wipedown solvent used per
month and the weighted-average organic HAP content as determined in
Sec. 63.5749.
(d) If your facility has an add-on control device, you must keep
the records specified in Sec. 63.10(b) relative to control device
startup, shut down, and malfunction events; control device performance
tests; and continuous monitoring system performance evaluations.
Sec. 63.5770 In what form and for how long must I keep my records?
(a) Your records must be readily available and in a form so they
can be easily inspected and reviewed.
(b) You must keep each record for 5 years following the date that
each record is generated.
(c) You must keep each record on site for at least 2 years after
the date that each record is generated. You can keep the records
offsite for the remaining 3 years.
(d) You can keep the records on paper or an alternative media, such
as microfilm, computer, computer disks, magnetic tapes, or on
microfiche.
Other Information You Need To Know
Sec. 63.5773 What parts of the General Provisions apply to me?
You must comply with the requirements of the General Provisions in
40 CFR part 63, subpart A, as specified in Table 8 to this subpart.
Sec. 63.5776 Who implements and enforces this subpart?
(a) If the Administrator has delegated authority to your State or
local agency, the State or local agency has the authority to implement
and enforce this subpart.
(b) In delegating implementation and enforcement authority of this
subpart to a State or local agency under 40 CFR part 63, subpart E, the
authorities that are retained by the Administrator of the U.S. EPA and
are not transferred to the State or local agency are listed in
paragraphs (b)(1) through (4) of this section.
(1) Under Sec. 63.6(g), the authority to approve alternatives to
the standards listed in paragraphs (b)(1)(i) through (vii) of this
section is not delegated.
(i) Sec. 63.5698--Emission limit for open molding resin and gel
coat operations.
[[Page 44244]]
(ii) Sec. 63.5728--Standards for closed molding resin operations.
(iii) Sec. 63.5731(a)--Standards for resin and gel coat mixing
operations.
(iv) Sec. 63.5734--Standards for resin and gel coat application
equipment cleaning operations.
(v) Sec. 63.5740(a)--Emission limit for carpet and fabric adhesive
operations.
(vi) Sec. 63.5743--Standards for aluminum recreational boat surface
coating operations.
(vii) Sec. 63.5746(g)--Approval of alternative means of
demonstrating compliance with the emission limits for aluminum
recreational boat surface coating operations.
(2) Under Sec. 63.7(e)(2)(ii) and (f), the authority to approve
alternatives to the test methods listed in paragraphs (b)(2)(i) through
(iv) of this section is not delegated.
(i) Sec. 63.5719(b)--Method for determining whether an enclosure is
a total enclosure.
(ii) Sec. 63.5719(c)--Methods for measuring emissions from a
control device.
(iii) Sec. 63.5725(d)(1)--Performance specifications for thermal
oxidizer combustion temperature monitors.
(iv) Sec. 63.5758--Method for determining hazardous air pollutant
content of regulated materials.
(3) Under Sec. 63.8(f), the authority to approve major alternatives
to the monitoring requirements listed in Sec. 63.5725 is not delegated.
A ``major alternative'' is defined in Sec. 63.90.
(4) Under Sec. 63.10(f), the authority to approve major
alternatives to the reporting and recordkeeping requirements listed in
Secs. 63.5764, 63.5767, and 63.5770 is not delegated. A ``major
alternative'' is defined in Sec. 63.90.
Definitions
Sec. 63.5779 What definitions apply to this subpart?
Terms used in this subpart are defined in the Clean Air Act, in
Sec. 63.2, and in this section as follows:
Add-on control means an air pollution control device, such as a
thermal oxidizer, that reduces pollution in an air stream by
destruction or removal before discharge to the atmosphere.
Administrator means the Administrator of the United States
Environmental Protection Agency (U.S. EPA) or an authorized
representative (for example, a State delegated the authority to carry
out the provisions of this subpart).
Aluminum recreational boat means any marine or freshwater
recreational boat that has a hull or deck constructed primarily of
aluminum. A recreational boat is a vessel which by design and
construction is intended by the manufacturer to be operated primarily
for pleasure, or to be leased, rented or chartered to another for the
latter's pleasure (rather than for commercial or military purposes);
and whose major structural components are fabricated and assembled in
an indoor, production-line manufacturing plant or similar land-side
operation and not in a dry dock, graving dock, or marine railway on the
navigable waters of the United States.
Aluminum recreational boat surface coating operation means the
application of primers or top coats to aluminum recreational boats. It
also includes the application of clear coats over top coats. Aluminum
recreational boat surface coating operations do not include the
application of wood coatings or antifoulant coatings to aluminum
recreational boats.
Aluminum coating spray gun cleaning means the process of flushing
or removing paints or coatings from the interior or exterior of a spray
gun used to apply aluminum primers, clear coats, or top coats to
aluminum recreational boats.
Aluminum wipedown solvents means solvents used to remove oil,
grease, welding smoke, or other contaminants from the aluminum surfaces
of a boat before priming or painting. Aluminum wipedown solvents
contain no coating solids; aluminum surface preparation materials that
contain coating solids are considered coatings for the purpose of this
subpart and are not wipedown solvents.
Antifoulant coating means any coating that is applied to the
underwater portion of a boat specifically to prevent or reduce the
attachment of biological organisms and that is registered with EPA as a
pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. section 136, et seq.). For the purpose of this subpart,
primers used with antifoulant coatings to prepare the surface to accept
the antifoulant coating are considered antifoulant coatings.
Assembly adhesive means any chemical material used in the joining
of one fiberglass, metal, foam, or wood parts to another to form a
temporary or permanently bonded assembly. Assembly adhesives include,
but are not limited to, methacrylate adhesives and putties made from
polyester or vinylester resin mixed with inert fillers or fibers.
Atomized resin application means a resin application technology in
which the resin leaves the application equipment and breaks into
droplets or an aerosol as it travels from the application equipment to
the surface of the part. Atomized resin application includes, but is
not limited to, resin spray guns and resin chopper spray guns.
Boat means any type of vessel, other than a seaplane, that can be
used for transportation on the water.
Boat manufacturing facility means a facility that manufactures the
hulls or decks of boats from fiberglass or aluminum or assembles boats
from premanufactured hulls and decks, or builds molds to make
fiberglass hulls or decks. A facility that manufactures only parts of
boats (such as hatches, seats, or lockers) or boat trailers, but no
boat hulls or decks or molds for fiberglass boat hulls or decks, is not
considered a boat manufacturing facility for the purpose of this
subpart.
Carpet and fabric adhesive means any chemical material that
permanently attaches carpet, fabric, or upholstery to any surface of a
boat.
Clear gel coat means gel coats that are clear or translucent so
that underlying colors are visible. Clear gel coats are used to
manufacture parts for sale. Clear gel coats do not include tooling gel
coats used to build or repair molds.
Closed molding means any molding process in which pressure is used
to distribute the resin through the reinforcing fabric placed between
two mold surfaces to either saturate the fabric or fill the mold
cavity. The pressure may be clamping pressure, fluid pressure,
atmospheric pressure, or vacuum pressure used either alone or in
combination. The mold surfaces may be rigid or flexible. Closed molding
includes, but is not limited to, compression molding with sheet molding
compound, infusion molding, resin injection molding (RIM), vacuum-
assisted resin transfer molding (VARTM), resin transfer molding (RTM),
and vacuum-assisted compression molding. Processes in which a closed
mold is used only to compact saturated fabric or remove air or excess
resin from the fabric (such as in vacuum bagging), are not considered
closed molding. Open molding steps, such as application of a gel coat
or skin coat layer by conventional open molding prior to a closed
molding process, are not closed molding.
Cured resin and gel coat means resin or gel coat that has been
polymerized and changed from a liquid to a solid.
Deviation means any instance in which an affected source subject to
this subpart or an owner or operator of such a source:
[[Page 44245]]
(1) Fails to meet any requirement or obligation established by this
subpart, including, but not limited to, any emission limit, operating
limit, or work practice requirement;
(2) Fails to meet any term or condition which is adopted to
implement an applicable requirement in this subpart and which is
included in the operating permit for any affected source required to
obtain such permit; or
(3) Fails to meet any emission limit, operating limit, or work
practice requirement in this subpart during any startup, shutdown, or
malfunction, regardless of whether or not such failure is permitted by
this subpart.
Enclosure means a structure, such as a spray booth, that surrounds
a source of emissions and captures and directs the emissions to an add-
on control device.
Fiberglass boat means a vessel in which either the hull or deck is
built from a composite material consisting of a thermosetting resin
matrix reinforced with fibers of glass, carbon, aramid, or other
material.
Fiberglass hull and deck coatings means coatings applied to the
exterior or interior surface of fiberglass boat hulls and decks on the
completed boat. Polyester and vinylester resins and gel coats used in
building fiberglass parts are not fiberglass hull and deck coatings for
the purpose of this subpart.
Filled resin means a resin to which an inert material has been
added to change viscosity, density, shrinkage, or other physical
properties.
Gel coat means a thermosetting resin surface coating containing
styrene (Chemical Abstract Service or CAS No. 100-42-5) or methyl
methacrylate (CAS No. 80-62-6), either pigmented or clear, that
provides a cosmetic enhancement or improves resistance to degradation
from exposure to the elements. Gel coat layers do not contain any
reinforcing fibers and gel coats are applied directly to mold surfaces
or to a finished laminate.
Hazardous air pollutant or HAP means any air pollutant listed in,
or pursuant to section 112(b) of the Clean Air Act.
Hazardous air pollutant content or HAP content means the amount of
HAP contained in a regulated material at the time it is applied to the
part being manufactured. If no HAP is added to a material as a thinner
or diluent, then the HAP content is the same as the HAP content of the
material as purchased from the supplier. For resin and gel coat, HAP
content does not include any HAP contained in the catalyst added to the
resin or gel coat during application to initiate curing.
Hazardous air pollutant data sheet (HDS) means documentation
furnished by a material supplier or an outside laboratory to provide
the organic HAP content of the material by weight, measured using an
EPA Method, manufacturer's formulation data, or an equivalent method.
For aluminum coatings, the HDS also documents the solids content by
volume, determined from the manufacturer's formulation data. The
purpose of the HDS is to help the affected source in showing compliance
with the organic HAP content limits contained in this subpart. The HDS
must state the maximum total organic HAP concentration, by weight, of
the material. It must include any organic HAP concentrations equal to
or greater than 0.1 percent by weight for individual organic HAP that
are carcinogens, as defined by the Occupational Safety and Health
Administration Hazard Communication Standard (29 CFR part 1910), and
1.0 percent by weight for all other individual organic HAP, as
formulated. The HDS must also include test conditions if EPA Method 311
is used for determining organic HAP content.
Maximum achievable control technology (MACT) model point value
means a number calculated for open molding operations that is a
surrogate for emissions and is used to determine if your open molding
operations are in compliance with the provisions of this subpart. The
units for MACT model point values are kilograms of organic HAP per
megagram of resin or gel coat applied.
Manufacturer's certification means documentation furnished by a
material supplier that shows the organic HAP content of a material and
includes a HDS.
Mold means the cavity or surface into or on which gel coat, resin,
and fibers are placed and from which finished fiberglass parts take
their form.
Mold sealing and release agents means materials applied to a mold
to seal, polish, and lubricate the mold to prevent parts from sticking
to the mold. Mold sealers, waxes, and glazing and buffing compounds are
considered mold sealing and release agents for the purposes of this
subpart.
Mold stripping and cleaning solvents means materials used to remove
mold sealing and release agents from a mold before the mold surface is
repaired, polished, or lubricated during normal mold maintenance.
Month means a calendar month.
Neat resin means a resin to which no filler has been added.
Nonatomized resin application means any application technology in
which the resin is not broken into droplets or an aerosol as it travels
from the application equipment to the surface of the part. Nonatomized
resin application technology includes, but is not limited to,
flowcoaters, chopper flowcoaters, pressure fed resin rollers, resin
impregnators, and hand application (for example, paint brush or paint
roller).
Open molding resin and gel coat operation means any process in
which the reinforcing fibers and resin are placed in the mold and are
open to the surrounding air while the reinforcing fibers are saturated
with resin. For the purposes of this subpart, open molding includes
operations in which a vacuum bag or similar cover is used to compress
an uncured laminate to remove air bubbles or excess resin, or to
achieve a bond between a core material and a laminate.
Pigmented gel coat means opaque gel coats used to manufacture parts
for sale. Pigmented gel coats do not include tooling gel coats used to
build or repair molds.
Production resin means any resin used to manufacture parts for
sale. Production resins do not include tooling resins used to build or
repair molds, or assembly adhesives as defined in this section.
Recycled resin and gel coat application equipment cleaning solvent
means cleaning solvents recycled on-site or returned to the supplier or
another party to remove resin or gel coat residues so that the solvent
can be reused.
Research and development activities means:
(1) Activities conducted at a laboratory to analyze air, soil,
water, waste, or product samples for contaminants, environmental
impact, or quality control;
(2) Activities conducted to test more efficient production
processes or methods for preventing or reducing adverse environmental
impacts, provided that the activities do not include the production of
an intermediate or final product for sale or exchange for commercial
profit, except in a de minimis manner; and
(3) Activities conducted at a research or laboratory facility that
is operated under the close supervision of technically trained
personnel, the primary purpose of which is to conduct research and
development into new processes and products and that is not engaged in
the manufacture of products for sale or exchange for commercial profit,
except in a de minimis manner.
Resin means any thermosetting resin with or without pigment
containing styrene (CAS No. 100-42-5) or methyl
[[Page 44246]]
methacrylate (CAS No. 80-62-6) and used to encapsulate and bind
together reinforcement fibers in the construction of fiberglass parts.
Resin and gel coat application equipment cleaning means the process
of flushing or removing resins and gel coats from the interior or
exterior of equipment that is used to apply resin or gel coat in the
manufacture of fiberglass parts.
Resin and gel coat mixing operation means any operation in which
resin or gel coat, including the mixing of putties or polyputties, is
combined with additives that include, but are not limited to, fillers,
promoters, or catalysts.
Roll-out means the process of using rollers, squeegees, or similar
tools to compact reinforcing materials saturated with resin to remove
trapped air or excess resin.
Skin coat is a layer of resin and fibers applied over the gel coat
to protect the gel coat from being deformed by the next laminate
layers.
Tooling resin means the resin used to build or repair molds (also
known as tools) or prototypes (also known as plugs) from which molds
will be made.
Tooling gel coat means the gel coat used to build or repair molds
(also known as tools) or prototypes (also known as plugs) from which
molds will be made.
Vacuum bagging means any molding technique in which the reinforcing
fabric is saturated with resin and then covered with a flexible sheet
that is sealed to the edge of the mold and where a vacuum is applied
under the sheet to compress the laminate, remove excess resin, or
remove trapped air from the laminate during curing. Vacuum bagging does
not include processes that meet the definition of closed molding.
Vinylester resin means a thermosetting resin containing esters of
acrylic or methacrylic acids and having double-bond and ester linkage
sites only at the ends of the resin molecules.
Volume fraction of coating solids means the ratio of the volume of
coating solids (also known as volume of nonvolatiles) to the volume of
coating; liters of coating solids per liter of coating.
Wood coatings means coatings applied to wooden parts and surfaces
of boats, such as paneling, cabinets, railings, and trim. Wood coatings
include, but are not limited to, primers, stains, sealers, varnishes,
and enamels. Polyester and vinylester resins or gel coats applied to
wooden parts to encapsulate them or bond them to other parts are not
wood coatings.
Tables to Subpart VVVV
Table 1 to Subpart VVVV--Compliance Dates for New and Existing Boat
Manufacturing Facilities
As specified in Sec. 63.5695, you must comply by the dates in the
following table:
----------------------------------------------------------------------------------------------------------------
If your facility is-- And-- Then you must comply by this date--
----------------------------------------------------------------------------------------------------------------
1. An existing source................. Is a major source on or before August 23, 2004.
August 22, 2001\1\.
2. An existng or new area source...... Becomes a major source after 1 year after becoming a major source or
August 22, 2001\1\. August 22, 2002, whichever is later.
3. A new source....................... Is a major source at startup Upon startup or August 22, 2001,
\1\. whichever is later.
----------------------------------------------------------------------------------------------------------------
\1\Your facility is a major source if it is a stationary source or group of stationary sources located within a
contiguous area and under common control that emits or can potentially emit, considering controls, in the
aggregate, 9.1 megagrams or more per year of a single hazardous air pollutant or 22.7 megagrams or more per
year of a combination of hazardous air pollutants.
Table 2 to Subpart VVVV--Alternative Organic HAP Content Requirements
for Open Molding Resin and Gel Coat Operations
As specified in Secs. 63.5701(b), 63.5704(b)(2), and 63.5713(a),
(b), and (d), you must comply with the requirements in the following
table:
----------------------------------------------------------------------------------------------------------------
You must not exceed this weighted-average
For this operation-- And this applicaton method-- organic HAP content (weight percent)
requirement--
----------------------------------------------------------------------------------------------------------------
1. Production resin operations..... Atomized (spray)........... 28 percent.
2. Production resin operations..... Nonatomized (nonspray)..... 35 percent.
3. Pigmented gel coat operations... Any method................. 33 percent.
4. Clear gel coat operations....... Any method................. 48 percent
5. Tooling resin operations........ Atomized (spray)........... 30 percent.
6. Tooling resin operations........ Nonatomized (nonspray)..... 39 percent.
7. Tooling gel coat operations..... Any method................. 40 percent.
----------------------------------------------------------------------------------------------------------------
Table 3 to Subpart VVVV--MACT Model Point Value Formulas for Open
Molding Operations \1\
As specified in Secs. 63.5710(d) and 63.5714(a), you must calculate
point values using the formulas in the following table:
----------------------------------------------------------------------------------------------------------------
And this application Use this formula to calculate the MACT model
For this operation-- method-- plant value for each resin and gel coat--
----------------------------------------------------------------------------------------------------------------
1. Production resin, tooling resin. a. Atomized................ 0.014 x (Resin HAP%) 2.425
b. Atomized, plus vacumm 0.01185 x (Resin HAP%) 2.425
bagging with roll-out.
c. Atomized, plus vacuum 0.00945 x (Resin HAP%) 2.425
bagging without roll-out.
d. Nonatomized............. 0.014 x (Resin HAP%) 2.275
e. Nonatomized, plus vaccum 0.0110 x (Resin HAP%) 2.275
bagging with roll-out.
f. Nonatomized, plus vacuum 0.0076 x (Resin HAP%) 2.275
bagging without roll-out.
[[Page 44247]]
2. Pigmented gel coat, clear gel All methods................ 0.445 x (Gel coat HAP%) 1.675
coat, tooling gel coat.
----------------------------------------------------------------------------------------------------------------
\1\Equations calculate MACT model point value in kilograms of organic HAP per megagrams of resin or gel coat
applied. The equations for vacuum bagging with roll-out are applicable when a facility rolls out the applied
resin and fabric prior to applying the vacuum bagging materials. The equations for vacuum bagging without roll-
out are applicable when a facility applies the vacuum bagging materials immediately after resin application
without rolling out the resin and fabric. HAP% = organic HAP content as supplied, expressed as a weight-
percent value between 0 and 100 percent.
Table 4 to Subpart VVVV--Operating Limits if Using an Add-on Control
Device for Open Molding Operations
As specified in Secs. 63.5715(a) and 63.5725(f)(5), you must meet
the operating limits in the following table:
------------------------------------------------------------------------
And you must
You must meet the demonstrate
For the following device-- following operating continuous
limit-- compliance with the
operating limit by--
------------------------------------------------------------------------
1. Thermal oxidizer......... The average a. Collecting the
combustion combustion
temperature in any temperature data
3-hour period must according to Sec.
not fall below the 63.5725(d); b.
combustion reducing the data
temperature limit to 3-hour block
established averages; and c.
according to Sec. maintaining the 3-
63.5725(d). hour average
combustion
temperature at or
above the
temperature limit.
2. Other control devices.... An operating limit a. Collecting
approved by the parameter
Administrator monitoring as
according to Sec. approved by the
63.8(f). Administrator
according to Sec.
63.8(f); and b.
maintaining the
parameters within
the operating
limits approved
according to Sec.
63.8(f).
3. Emission capture system a. The direction of i. Collecting the
that is a PTE according to the air flow at all direction of air
Sec. 63.5719(b). times must be into flow, and either
the enclosure; and the facial velocity
b. 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 63.5725(f)(3) or
draft openings in the pressure drop
the enclosure must across the
be at least 200 enclosure according
feet per minute; or to Sec.
c. the pressure 63.5725(f)(4); and
drop across the ii. reducing the
enclosure must be data for facial
at least 0.007 inch velocity or
H2O, as established pressure drop to 3-
in Method 204 of hour block
appendix M to 40 averages; and iii.
CFR part 51. maintaining the 3-
hour average facial
velocity of 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.
4. Emission capture system a. The average gas i. Collecting the
that is not a PTE according volumetric flow gas volumetric flow
to Sec. 63.5719(b). 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 63.5725(f)(1) and
device inlet in any (3); ii. reducing
3-hour period must the data to 3-hour
not fall below the block averages;
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. 63.5725(f)(5) or above the gas
; and b. the volumetric flow
average pressure rate or duct static
drop across an pressure limit; iv.
opening in each collecting data for
enclosure in any 3- the pressure drop
hour period must across an opening
not fall below the in each enclosure
average pressure according to Sec.
drop limit 63.5725(f)(2) and
established for (4); v. reducing
that capture device the data to 3-hour
according to Sec. block averages; and
63.5725(f)(5). vi. maintaining the
3-hour average
pressure drop
across the opening
for each enclosure
at or above the gas
volumetric flow
rate or duct static
pressure limit.
------------------------------------------------------------------------
Table 5 to Subpart VVVV--Default Organic HAP Contents of Solvents and
Solvent Blends
As specified in Sec. 63.5758(a)(6), when detailed organic HAP
content data for solvent blends are not available, you may use the
values in the following table:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average organic
Solvent/solvent blend CAS No. HAP content, Typical organic HAP, percent by mass
percent by mass
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Toluene................................... 108-88-3 100 Toluene.
2. Xylene(s).................................. 1330-20-7 100 Xylenes, ethylbenzene.
3. Hexane..................................... 110-54-3 50 n-hexane.
4. n-hexane................................... 110-54-3 100 n-hexane.
5. Ethylbenzene............................... 100-41-4 100 Ethylbenzene.
6. Aliphatic 140.............................. ................ 0 None.
7. Aromatic 100............................... ................ 2 1% xylene, 1% cumene.
8. Aromatic 150............................... ................ 9 Naphthalene.
9. Aromatic naptha............................ 64742-95-6 2 1% xylene, 1% cumene.
10. Aromatic solvent.......................... 64742-94-5 10 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 15 Toluene.
14. Low aromatic white spirit................. 64742-82-1 0 None.
15. Mineral spirits........................... 64742-88-7 1 Xylenes.
16. Hydrotreated naphtha...................... 64742-48-9 0 None.
[[Page 44248]]
17. Hydrotreated light distillate............. 64742-47-8 0.1 Toluene.
18. Stoddard solvent.......................... 8052-41-3 1 Xylenes.
19. Super high-flash naphtha.................. 64742-95-6 5 Xylenes.
20. Varol solvent................... 8052-49-3 1 0.5% xylenes, 0.5% ethyl benzene.
21. VM & P naphtha............................ 64742-89-8 6 3% toluene, 3% xylene.
22. Petroleum distillate mixture.............. 68477-31-6 8 4% naphthalene, 4% biphenyl.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6 to Subpart VVVV--Default Organic HAP Contents of Petroleum
Solvent Groups
As specified in Sec. 63.5758(a)(6), when detailed organic HAP
content data for solvent blends are not available, you may use the
values in the following table:
------------------------------------------------------------------------
Average organic Typical organic
Solvent type HAP content, HAP, percent by
percent by mass mass
------------------------------------------------------------------------
Aliphatic (Mineral Spirits 135, 3 1% Xylene, 1%
Mineral Spirits 150 EC, Toluene, and 1%
Naphtha, Mixed Hydrocarbon, Ethylbenzene.
Aliphatic Hydrocarbon,
Aliphatic Naptha, Naphthol
Spirits, Petroleum Spirits,
Petroleum Oil, Petroleum
Naphtha, Solvent Naphtha,
Solvent Blend.).
Aromatic (Medium-flash Naphtha, 6 4% Xylene, 1%
High-flash Naphtha, Aromatic Toluene, and 1%
Naphtha, Light Aromatic Ethylbenzene.
Naphtha, Light Aromatic
Hydrocarbons, Aromatic
Hydrocarbons, Light Aromatic
Solvent.).
------------------------------------------------------------------------
Table 7 to Subpart VVVV--Applicability and Timing of Notifications
As specified in Sec. 63.5761(a), you must submit notifications
according to the following table:
------------------------------------------------------------------------
If your facility-- You must submit-- By this date--
------------------------------------------------------------------------
1. Is an existing source An initial No later than the
subject to this subpart. notification dates specified in
containing the Sec. 63.9(b)(2).
information
specified in Sec.
63.9(b)(2).
2. Is a new source subject The notifications No later than the
to this subpart. specified in Sec. dates specified
63.9(b) (3) to (5). Sec. 63.9(b)(4)
and (5).
3. Qualifies for a A request for a No later than the
compliance extension as compliance dates specified in
specified in Sec. 63.9(c). extension as Sec. 63.6(i).
specified in Sec.
63.9(c).
4. Is complying with organic A notification of No later than 30
HAP content limits, compliance status calendar days after
application equipment as specified in the end of the
requirements; or MACT model Sec. 63.9(h). first 12-month
point value averaging averaging period
provisions. after your
facility's
compliance date.
5. Is complying by using an a. notification of No later than the
add-on control device. intent to conduct a date specified in
performance test as Sec. 63.9(e).
specified in Sec.
63.9(e).
b. A notification of With the
the date for the notification of
continuous intent to conduct a
monitoring system performance test.
performance
evaluation as
specified in Sec.
63.9(g).
c. A notification of No later than 60
compliance status calendar days after
as specified in the completion of
Sec. 63.9(h). the add-on control
device performance
test and continuous
monitoring system
performance
evaluation.
------------------------------------------------------------------------
Table 8 to Subpart VVVV--Applicability of General Provisions (40 CFR
Part 63, Subpart A) to Subpart VVVV
As specified in Sec. 63.5773, you must comply with the applicable
requirements of the General Provisions according to the following
table:
----------------------------------------------------------------------------------------------------------------
Citation Requirement Applies to subpart VVVV Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)........................ General Applicability.. Yes. .......................
Sec. 63.1(b)........................ Initial Applicability Yes. .......................
Determination.
Sec. 63.1(c)(1)..................... Applicability After Yes. .......................
Standard Established.
Sec. 63.1(c)(2)..................... ....................... Yes.................... Area sources are not
regulated by subpart
VVVV.
Sec. 63.1(c)(3)..................... ....................... No..................... [Reserved]
Sec. 63.1(c)(4)-(5)................. ....................... Yes. .......................
Sec. 63.1(d)........................ ....................... No..................... [Reserved]
63.1(e).............................. Applicability of Permit Yes. .......................
Program.
Sec. 63.2........................... Definitions............ Yes.................... Additional definitions
are found in Sec.
63.5779.
Sec. 63.3........................... Units and Abbreviations Yes. .......................
Sec. 63.4(a)........................ Prohibited Activities.. Yes. .......................
Sec. 63.4(b)-(c).................... Circumvention/ Yes. .......................
Severability.
Sec. 63.5(a)........................ Construction/ Yes. .......................
Reconstruction.
Sec. 63.5(b)........................ Requirements for Yes. .......................
Existing, Newly
Constructed, and
Reconstructed Sources.
[[Page 44249]]
Sec. 63.5(c)........................ ....................... No..................... [Reserved]
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)........................ Compliance Dates for Yes.................... Sec. 63.695 specifies
New and Reconstructed compliance dates,
Sources. including the
compliance date for
new area sources that
become major sources
after the effective
date of the rule.
Sec. 63.6(c)........................ Compliance Dates for Yes.................... Sec. 63.5695 specifies
Existing Sources. compliance dates,
including the
compliance date for
existing area sources
that become major
sources after the
effective date of the
rule.
Sec. 63.6(d)........................ ....................... No..................... [Reserved]
Sec. 63.6(e)(1)-(2)................. Operation and No..................... Operating requirements
Maintenance for open molding
Requirements. operations with add-on
controls are specified
in Sec. 63.5725.
Sec. 63.6(e)(3)..................... Startup, Shut Down, and Yes.................... Only sources with add-
Malfunction Plans. on controls must
complete startup,
shutdown, and
malfunction plans.
Sec. 63.6(f)........................ Compliance with Yes. .......................
Nonopacity Emission
Standards.
Sec. 63.6(g)........................ Use of an Alternative Yes. .......................
Nonopacity Emission
Standard.
Sec. 63.6(h)........................ Compliance with Opacity/ No..................... Subpart VVVV does not
Visible Emissions specify opacity or
Standards. visible emission
standards.
Sec. 63.6(i)........................ Extension of Compliance Yes. .......................
with Emission
Standards.
Sec. 63.6(j)........................ Exemption from Yes. .......................
Compliance with
Emission Standards.
Sec. 63.7(a)(1)..................... Performance Test Yes. .......................
Requirements.
Sec. 63.7(a)(2)..................... Dates for performance No..................... Sec. 63.5716 specifies
tests. performance test
dates.
Sec. 63.7(a)(3)..................... Performance testing at Yes. .......................
other times.
Sec. 63.7(b)-(h).................... Other performance Yes. .......................
testing requirements.
Sec. 63.8(a)(1)-(2)................. Monitoring Yes.................... All of Sec. 63.8
Requirements--Applicab applies only to
ility. sources with add-on
controls. Additional
monitoring
requirements for
sources with add-on
controls are found in
Sec. 63.5725.
Sec. 63.8(a)(3)..................... ....................... No..................... [Reserved]
Sec. 63.8(a)(4)..................... ....................... No..................... Subpart VVVV does not
refer directly or
indirectly to Sec.
63.11.
Sec. 63.8(b)(1)..................... Conduct of Monitoring.. Yes. .......................
Sec. 63.8(b)(2)-(3)................. Multiple Effluents and Yes.................... Applies to sources that
Multiple Continuous use a CMS on the
Monitoring Systems control device stack.
(CMS).
Sec. 63.8(c)(1)-(4)................. Continuous Monitoring Yes. .......................
System Operation and
Maintenance.
Sec. 63.8(c)(5)..................... Continuous Opacity No..................... Subpart VVVV does not
Monitoring Systems have opacity or
(COMS). visible emission
standards.
Sec. 63.8(c)(6)-(8)................. Continuous Monitoring Yes. .......................
System Calibration
Checks and Out-of-
Control Periods.
Sec. 63.8(d)........................ Quality Control Program Yes. .......................
Sec. 63.8(e)........................ CMS Performance Yes. .......................
Evaluation.
Sec. 63.8(f)(1)-(5)................. Use of an Alternative Yes. .......................
Monitoring Method.
Sec. 63.8(f)(6)..................... Alternative to Relative Yes.................... Applies only to sources
Accuracy Test. that use continuous
emission monitoring
systems (CEMS).
Sec. 63.8(g)........................ Data Reduction......... Yes.................... .......................
Sec. 63.9(a)........................ Notification Yes. .......................
Requirements--Applicab
ility.
Sec. 63.9(b)........................ Initial Notifications.. Yes.................... .......................
Sec. 63.9(c)........................ Request for Compliance Yes. .......................
Extension.
Sec. 63.9(d)........................ Notification That a New Yes. .......................
Source Is Subject to
Special Compliance
Requirements.
Sec. 63.9(e)........................ Notification of Yes.................... Applies only to sources
Performance Test. with add-on controls.
Sec. 63.9(f)........................ Notification of Visible No..................... Subpart VVVV does not
Emissions/Opacity Test. have opacity or
visible emission
standards.
[[Page 44250]]
Sec. 63.9(g)(1)..................... Additional CMS Yes.................... Applies only to sources
Notifications--Date of with add-on controls.
CMS Performance
Evaluation.
Sec. 63.9(g)(2)..................... Use of COMS Data....... No..................... Subpart VVVV does not
require the use of
COMS.
Sec. 63.9(g)(3)..................... Alternative to Relative Yes.................... Applies only to sources
Accuracy Testing. with CEMS.
Sec. 63.9(h)........................ Notification of Yes. .......................
Compliance Status.
Sec. 63.9(i)........................ Adjustment of Deadlines Yes. .......................
Sec. 63.9(j)........................ Change in Previous Yes. .......................
Information.
Sec. 63.10(a)....................... Recordkeeping/ Yes. .......................
Reporting--Applicabili
ty.
Sec. 63.10(b)(1).................... General Recordkeeping Yes.................... Secs. 63.567 and
Requirements. 63.5770 specify
additional
recordkeeping
requirements.
Sec. 63.10(b)(2)(i)-(xi)............ Recordkeeping Relevant Yes.................... Applies only to sources
to Startup, Shutdown, with add-on controls.
and Malfunction
Periods and CMS.
Sec. 63.10(b)(2)(xii)-(xiv)......... General Recordkeeping Yes. .......................
Requirements.
Sec. 63.10(b)(3).................... Recordkeeping Yes.................... Sec. 63.5686 specifies
Requirements for applicability
Applicability determinations for non-
Determinations. major sources.
Sec. 63.10(c)....................... Additional Yes.................... Applies only to sources
Recordkeeping for with add-on controls.
Sources with CMS.
Sec. 63.10(d)(1).................... General Reporting Yes.................... Sec. 63.5764 specifies
Requirements. additional reporting
requirements.
Sec. 63.10(d)(2).................... Performance Test Yes.................... Sec. 63.5764 specifies
Results. additional
requirements for
reporting performance
test results.
Sec. 63.10(d)(3).................... Opacity or Visible No..................... Subpart VVVV does not
Emissions Observations. specify opacity or
visible emission
standards.
Sec. 63.10(d)(4).................... Progress Reports for Yes. .......................
Sources with
Compliance Extensions.
Sec. 63.10(d)(5).................... Startup, Shutdown, and Yes.................... Applies only to sources
Malfunction Reports. with add-on controls.
Sec. 63.10(e)(1).................... Additional CMS Reports-- Yes.................... Applies only to sources
General. with add-on controls.
Sec. 63.10(e)(2).................... Reporting Results of Yes.................... Applies only to sources
CMS Performance with add-on controls.
Evaluations.
Sec. 63.10(e)(3).................... Excess Emissions/CMS Yes.................... Applies only to sources
Performance Reports. with add-on controls.
Sec. 63.10(e)(4).................... COMS Data Reports...... No..................... Subpart VVVV does not
specify opacity or
visible emission
standards.
Sec. 63.10(f)....................... Recordkeeping/Reporting Yes. .......................
Waiver.
Sec. 63.11.......................... Control Device No..................... Facilities subject to
Requirements--Applicab subpart VVVV do not
ility. use flares as control
devices.
Sec. 63.12.......................... State Authority and Yes.................... Sec. 63.5776 lists
Delegations. those sections of
subpart A that are not
delegated.
Sec. 63.13.......................... Addresses.............. Yes. .......................
Sec. 63.14.......................... Incorporation by Yes. .......................
Reference.
Sec. 63.15.......................... Availability of Yes. .......................
Information/
Confidentiality.
----------------------------------------------------------------------------------------------------------------
[FR Doc. 01-20895 Filed 8-21-01; 8:45 am]
BILLING CODE 6560-50-P