[Federal Register Volume 67, Number 156 (Tuesday, August 13, 2002)]
[Proposed Rules]
[Pages 52780-52826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14759]
[[Page 52779]]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Miscellaneous Metal Parts and Products; Proposed Rule
Federal Register / Vol. 67, No. 156 / Tuesday, August 13, 2002 /
Proposed Rules
[[Page 52780]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7229-7]
RIN 2060-AG56
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Miscellaneous Metal Parts and Products
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes national emission standards for hazardous
air pollutants (NESHAP) for miscellaneous metal parts and products
surface coating operations located at major sources of hazardous air
pollutants (HAP). The proposed standards would implement section 112(d)
of the Clean Air Act (CAA) by requiring these operations to meet HAP
emission standards reflecting the application of the maximum achievable
control technology (MACT). The HAP emitted by these operations include
xylene, toluene, methyl ethyl ketone (MEK), phenol, cresols/cresylic
acid, 2-butoxyethanol, styrene, methyl isobutyl ketone (MIBK), ethyl
benzene, and glycol ethers. Exposure to these substances has been
demonstrated to cause adverse health effects such as irritation of the
lung, eye, and mucus membranes, asthma, effects on the central nervous
system, and cancer. In general, these findings have only been shown
with concentrations higher than those typically in the ambient air. The
proposed standards would reduce nationwide HAP emissions from major
sources in this source category by approximately 48 percent.
DATES: Comments. Submit comments on or before October 15, 2002.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing, they should do so by September 2, 2002. If requested, a
public hearing will be held within approximately 30 days following
publication of this notice in the Federal Register.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-97-34, U.S. EPA, 1200
Pennsylvania Avenue, NW., Washington, DC 20460. In person or by
courier, deliver comments (in duplicate if possible) to: Air and
Radiation Docket and Information Center (6102), Attention Docket Number
A-97-34, U.S. EPA, 401 M Street, SW., Room M-1500, Washington, DC
20460. The EPA requests a separate copy also be sent to the contact
person listed in FOR FURTHER INFORMATION CONTACT.
Public Hearing. If a public hearing is held, it will be held at the
new EPA facility complex in Research Triangle Park, North Carolina. You
should contact Ms. Janet Eck, Coatings and Consumer Products Group,
Emission Standards Division (C539-03), U.S. EPA, Research Triangle
Park, North Carolina 27711, telephone number (919) 541-7946, to request
to speak at a public hearing or to find out if a hearing will be held.
Docket. Docket No. A-97-34 contains supporting information used in
developing the proposed standards. The docket is located at the U.S.
EPA, 401 M Street, SW., Washington, DC 20460 in Room M-1500, Waterside
Mall (ground floor), and may be inspected from 8:30 a.m. to 5:30 p.m.,
Monday through Friday, excluding legal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Kim Teal, Coatings and Consumer
Products Group, Emission Standards Division (C539-03), U.S. EPA,
Research Triangle Park, NC 27711; telephone number (919) 541-5580;
facsimile number (919) 541-5689; electronic mail (e-mail) address:
[email protected].
SUPPLEMENTARY INFORMATION:
Comments
Comments and data may be submitted by e-mail to: [email protected]. Electronic comments must be submitted as an ASCII file
to avoid the use of special characters and encryption problems and will
also be accepted on disks in WordPerfect file format. All
comments and data submitted in electronic form must note the docket
number: A-97-34. No confidential business information (CBI) should be
submitted by e-mail. Electronic comments may be filed online at many
Federal Depository Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Ms. Kim Teal, c/o OAQPS Document
Control Officer (C404-02), U.S. EPA, Research Triangle Park, NC 27711.
The EPA will disclose information identified as CBI only to the extent
allowed by the procedures set forth in 40 CFR part 2. If no claim of
confidentiality accompanies a submission when it is received by EPA,
the information may be made available to the public without further
notice to the commenter.
Public Hearing
Persons interested in presenting oral testimony or inquiring as to
whether a hearing is to be held should contact Ms. Janet Eck, Coatings
and Consumer Products Group, Emission Standards Division (C539-03),
U.S. EPA, Research Triangle Park, North Carolina 27711; telephone
number (919) 541-7946 at least 2 days in advance of the public hearing.
Persons interested in attending the public hearing should also contact
Ms. Eck to verify the time, date, and location of the hearing. The
public hearing will provide interested parties the opportunity to
present data, views, or arguments concerning these proposed emission
standards.
Docket
The docket is an organized and complete file of all the information
considered by EPA in the development of this rulemaking. The docket is
a dynamic file because material is added throughout the rulemaking
process. The docketing system is intended to allow members of the
public and industries involved to readily identify and locate documents
so that they can effectively participate in the rulemaking process.
Along with the proposed and promulgated standards and their preambles,
the contents of the docket will serve as the record in the case of
judicial review. (See section 307(d)(7)(A) of the CAA.) The regulatory
text and other materials related to this rulemaking are available for
review in the docket or copies may be mailed on request from the Air
and Radiation Docket and Information Center by calling (202) 260-7548.
A reasonable fee may be charged for copying docket materials.
World Wide Web (WWW)
In addition to being available in the docket, an electronic copy of
this proposed rule will also be available on the World Wide Web through
the Technology Transfer Network (TTN). Following signature by the EPA
Administrator, a copy of the proposed rule will be posted on the TTN's
policy and guidance page for newly proposed or promulgated rules at
http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control. If more
information regarding the TTN is needed, call the TTN HELP line at
(919) 541-5384.
[[Page 52781]]
Regulated Entities
The proposed source category definition includes facilities that
apply coatings to miscellaneous metal parts and products. Facilities
that coat miscellaneous metal parts and products are covered under a
wide range of Standard Industrial Classification (SIC) and North
American Industrial Classification System (NAICS) codes. Some examples
of common product types included in this source category are listed in
the following table. However, facilities classified under many other
SIC or NAICS codes may be subject to the proposed standards if they
meet the applicability criteria.
Table 1.--Categories and Entities Potentially Regulated by the Proposed
Standards
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Examples of
Category SIC NAICS potentially
regulated entities
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Aerospace Equipment.............. 3724 336413 Aircraft engines,
aircraft parts,
aerospace ground
equipment.
3728 336414 ...................
376X 336415 ...................
54171 ...................
Automobile Parts................. 3711 335312 Engine parts,
vehicle parts and
accessories,
brakes, axles,
etc.
3713 336111 ...................
3714 336211 ...................
3292 336312 ...................
3429 33632 ...................
3465 33633 ...................
3694 33634 ...................
3829 33637 ...................
336399 ...................
Extruded Aluminum................ 3354 331316 Extruded aluminum,
architectural
components, coils,
rod, and tubes.
3365 331524 ...................
3442 332321 ...................
3446 332323 ...................
Heavy Equipment.................. 3511 33312 Tractors, earth
moving machinery.
3519 333611 ...................
352X 333618 ...................
353X ....... ...................
Job Shops........................ 3441 332312 Any of the products
from the
miscellaneous
metal parts and
products segments.
3471 332722 ...................
3499 332813 ...................
3999 332991 ...................
332999 ...................
334119 ...................
336413 ...................
339999 ...................
Large Trucks and Buses........... 3711 33612 Large trucks and
buses.
3713 336211 ...................
3716 ....... ...................
Magnet Wire...................... 3351 331319 Magnet wire.
3357 331422 ...................
335929 ...................
Metal Buildings.................. 3448 332311 Prefabricated
metal: buildings,
carports, docks,
dwellings,
greenhouses,
panels for
buildings.
Metal Containers................. 2655 33242 Drums, kegs, pails,
shipping
containers.
3089 81131 ...................
3325 322214 ...................
3412 326199 ...................
3443 331513 ...................
5085 332439 ...................
Metal Pipe and Foundry........... 331X 331111 Plate, tube, rods,
nails, spikes,
etc.
332X 331513 ...................
336X 33121 ...................
3399 331221 ...................
331511 ...................
Rail Transportation.............. 3731 33651 Brakes, engines,
freight cars,
locomotives.
3743 336611 ...................
4011 482111 ...................
4741 ....... ...................
Recreational Vehicles............ 3083 3369 Motorcycles, motor
homes,
semitrailers,
truck trailers.
3354 331316 ...................
3713 336991 ...................
3714 336211 ...................
3716 336112 ...................
375X 336213 ...................
3792 336214 ...................
336399 ...................
Rubber-to-Metal Products......... 3061 326291 Engine mounts,
rubberized tank
tread, harmonic
balancers.
3069 326299 ...................
3479 ....... ...................
Structural Steel................. 3441 332311 Joists, railway
bridge sections,
highway bridge
sections.
[[Page 52782]]
3448 332312 ...................
Other Transportation Equipment... 3711 336212 Miscellaneous
transportation
related equipment
and parts.
3519 336999 ...................
3714 33635 ...................
3715 56121 ...................
3795 8111 ...................
3621 56211 ...................
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your coating operation is regulated by
this action, you should examine the applicability criteria in
Sec. 63.3881 of the proposed rule. If you have any questions regarding
the applicability of this action to a particular entity, consult the
person listed in the preceding FOR FURTHER INFORMATION CONTACT section.
Outline
The information presented in this preamble is organized as follows:
I. Background
A. What is the source of authority for development of NESHAP?
B. What criteria are used in the development of NESHAP?
C. What are the health effects associated with HAP emissions
from the surface coating of miscellaneous metal parts and products?
II. Summary of the Proposed Rule
A. What source categories are affected by the proposed rule?
B. What is the relationship to other rules?
C. What are the primary sources of emissions and what are the
emissions?
D. What is the affected source?
E. What are the emission limits, operating limits, and other
standards?
F. What are the testing and initial compliance requirements?
G. What are the continuous compliance provisions?
H. What are the notification, recordkeeping, and reporting
requirements?
III. Rationale for Selecting the Proposed Standards
A. How did we select the source category?
B. How did we select the regulated pollutants?
C. How did we select the affected source?
D. How did we determine the basis and level of the proposed
standards for existing and new sources?
E. How did we select the format of the proposed standards?
F. How did we select the testing and initial compliance
requirements?
G. How did we select the continuous compliance requirements?
H. How did we select the notification, recordkeeping, and
reporting requirements?
I. How did we select the compliance date?
IV. Summary of Environmental, Energy, and Economic Impacts
A. What are the air impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the non-air health, environmental, and energy
impacts?
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
E. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
F. Unfunded Mandates Reform Act of 1995
G. Regulatory Flexibility Act (RFA), as Amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601, et seq.
H. Paperwork Reduction Act
I. National Technology Transfer and Advancement Act
I. Background
A. What Is the Source of Authority for Development of NESHAP?
Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. The
Miscellaneous Metal Parts and Products (Surface Coating) category of
major sources was listed on July 16, 1992 (57 FR 31576) under the
Surface Coating Processes industry group. Major sources of HAP are
those that emit or have the potential to emit equal to or greater than
9.1 megagrams per year (Mg/yr) (10 tons per year (tpy)) of any one HAP
or 22.7 Mg/yr (25 tpy) of any combination of HAP.
B. What Criteria Are Used in the Development of NESHAP?
Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both new and existing major sources. The CAA
requires the NESHAP to reflect the maximum degree of reduction in
emissions of HAP that is achievable. This level of control is commonly
referred to as the MACT.
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the CAA. In essence, the MACT
floor ensures that the standard is set at a level that assures that all
major sources achieve the level of control at least as stringent as
that already achieved by the better-controlled and lower-emitting
sources in each source category or subcategory. For new sources, the
MACT floor cannot be less stringent than the emission control that is
achieved in practice by the best-controlled similar source. The MACT
standards for existing sources can be less stringent than standards for
new sources, but they cannot be less stringent than the average
emission limitation achieved by the best-performing 12 percent of
existing sources in the category or subcategory (or the best-performing
five sources for categories or subcategories with fewer than 30
sources).
In developing MACT, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on the consideration of the cost of achieving the
emission reductions, any non-air quality health and environmental
impacts, and energy requirements.
C. What Are the Health Effects Associated With HAP Emissions From the
Surface Coating of Miscellaneous Metal Parts and Products?
The HAP emitted from the surface coating of miscellaneous metal
parts and products include xylene, toluene, MEK, phenol, cresols/
cresylic acid, 2-butoxyethanol, styrene, MIBK, ethyl benzene, and
glycol ethers. These compounds account for about 90 percent of the
nationwide HAP emissions from this source category. The HAP that would
be controlled with the proposed rule are associated with a variety of
adverse health effects. These adverse health effects include chronic
health disorders (e.g., irritation of the lung, eyes, and mucus
membranes and
[[Page 52783]]
effects on the central nervous system) and acute health disorders
(e.g., lung irritation and congestion, alimentary effects such as
nausea and vomiting, and effects on the central nervous system).
We do not have the type of current detailed data on each of the
facilities covered by the proposed emission standards for this source
category and the people living around the facilities that would be
necessary to conduct an analysis to determine the actual population
exposures to the HAP emitted from these facilities and potential for
resultant health effects. Therefore, we do not know the extent to which
the adverse health effects described above occur in the populations
surrounding these facilities. However, to the extent the adverse
effects do occur, the proposed rule would reduce emissions and
subsequent exposures.
II. Summary of the Proposed Rule
A. What Source Categories Are Affected by the Proposed Rule?
The proposed rule would apply to you if you own or operate a
miscellaneous metal parts and products surface coating facility that
uses at least 250 gallons of coating materials per year and is a major
source, or is located at a major source, or is part of a major source
of HAP emissions. We have defined a miscellaneous metal parts and
products surface coating facility as any facility engaged in the
surface coating of any metal part or product that is not included in
the definition of the affected source in NESHAP for another source
category. The proposed rule would also apply to the surface coating of
the plastic contained in parts and products that are pre-assembled from
plastic and metal components, where greater than 50 percent of the
coatings (by volume, determined on a rolling 12-month basis) are
applied to the metal surfaces, and where the surface coating of the
metal surfaces is subject to the proposed rule. If your source is
subject to the proposed rule and you can demonstrate that more than 50
percent of your coatings are applied to the metal surfaces of pre-
assembled plastic and metal components, then compliance with the
proposed rule constitutes compliance with the plastic parts and
products surface coating NESHAP currently under development. You must
maintain records (such as coating usage or surface area) to document
that more than 50 percent of the coatings are applied to metal
surfaces.
You would not be subject to the proposed rule if your miscellaneous
metal parts and products surface coating facility is located at an area
source. An area source of HAP is any facility that has the potential to
emit HAP but is not a major source. You may establish area source
status by limiting the source's potential to emit HAP through
appropriate mechanisms available through your permitting authority.
The proposed rule also does not apply to surface coating conducted
at a source that uses only coatings, thinners, and cleaning materials
that contain no organic HAP, as determined according to the provisions
in the proposed rule.
The source category does not include research or laboratory
facilities; janitorial, building, and facility maintenance operations;
or hobby shops that are operated for personal rather than for
commercial purposes. The source category also does not include coating
applications using handheld non-refillable aerosol containers.
Also included on the July 16,1992 source category list (57 FR
31576) were major sources emitting HAP from ``asphalt/coal tar
application-metal pipes'' (hereafter referred to as asphalt coating).
In developing the proposed rule, we decided not to establish MACT
standards separately for the asphalt coating category but, rather, to
include asphalt coating of metal pipes in the source category for
coating of miscellaneous metal parts and products. Data and information
gathered from the asphalt coating industry indicate that the equipment,
emission characteristics, and applicable emission reduction measures
are similar to the broad group of miscellaneous metal sources.
Therefore, we are including asphalt coating in the proposed rule.
We believe it is technically feasible to regulate emissions from a
variety of metal coating operations by a single rule. Many of the metal
coating operations that we are proposing to regulate are collocated
within individual facilities. Facilities with collocated metal coating
operations could more easily comply with a single rule than with
individual rules for each of the collocated operations. Several
industry representatives also expressed interest in a generic rule that
would specify consistent requirements for a wide range of coating
operations. Another reason to develop a single rule to regulate metal
coating operations is that it is more efficient and less costly to
develop a single rule than to develop separate rules for several
individually listed source categories which have similar emission
characteristics and applicable emission reduction measures. A single
rule will ensure that coating operations with comparable HAP emissions
and emission reduction measures are subject to the same requirements.
In addition, compliance and enforcement activities would be more
efficient and less costly.
B. What Is the Relationship to Other Rules?
Affected sources subject to the proposed rule may also be subject
to other rules if they perform surface coating of products that are
included in another source category. If you own or operate an affected
source that is subject to the proposed rule and at the same affected
source you also perform surface coating that is subject to any other
NESHAP, you may choose to be subject to the requirements of the more
stringent of the NESHAP for the entire surface coating affected source.
If you choose to comply with the requirements of more stringent NESHAP
and you demonstrate that the resulting HAP emission level (tpy) would
be less than or equal to that achieved by complying separately with all
applicable subparts, compliance with the more stringent NESHAP will
constitute compliance with the requirements of the proposed rule. We
specifically request comments on how monitoring, recordkeeping, and
reporting requirements can be consolidated for sources that are subject
to more than one rule.
C. What Are the Primary Sources of Emissions and What Are the
Emissions?
HAP Emission Sources
Emissions from coating applications account for approximately 80
percent of the HAP emissions from miscellaneous metal parts and
products surface coating operations. The remaining emissions are
primarily from cleaning operations. In most cases, HAP emissions from
mixing and storage are relatively small. The organic HAP emissions
associated with coatings (the term ``coatings'' includes protective and
decorative coatings as well as adhesives) occur at several points.
Coatings are most often applied either by using a spray gun in a spray
booth or by dipping the substrate in a tank containing the coating. In
a spray booth, volatile components evaporate from the coating as it is
applied to the part and from the overspray. The coated part then passes
through an open (flash-off) area where additional volatiles evaporate
from the coating. Finally, the coated part passes through a drying/
curing oven, or is allowed to air dry, where the remaining volatiles
are evaporated.
Organic HAP emissions also occur from the activities undertaken
during cleaning operations, where solvent is
[[Page 52784]]
used to remove coating residue or other unwanted materials. Cleaning in
this industry includes cleaning of spray guns and transfer lines (e.g.,
tubing or piping), tanks, and the interior of spray booths. Cleaning
also includes applying solvents to manufactured parts prior to coating
application and to equipment (e.g., cleaning rollers, pumps, conveyors,
etc.).
Mixing and Storage
Organic HAP emissions can also occur from displacement of organic
vapor-laden air in containers used to store HAP solvents or to mix
coatings containing HAP solvents. The displacement of vapor-laden air
can occur during the filling of containers and can be caused by changes
in temperature or barometric pressure, or by agitation during mixing.
Organic HAP
Available emission data collected during the development of the
proposed NESHAP show that the primary organic HAP emitted from the
surface coating of miscellaneous metal parts and products include
xylene, toluene, MEK, phenol, cresols/cresylic acid, 2-butoxyethanol,
styrene, MIBK, ethyl benzene, and glycol ethers. These compounds
account for approximately 90 percent of this category's nationwide
organic HAP emissions.
Inorganic HAP
Based on information reported in survey responses during the
development of the proposed NESHAP, inorganic HAP, including chromium,
cobalt, lead, and manganese compounds, are components of some coatings
used by this source category. No inorganic HAP were reported in
cleaning materials. Most of the inorganic HAP components remain as
solids in the dry coating film on the parts being coated or are
deposited onto the walls, floor, and grates of the spray booths in
which they are applied. Some of the inorganic HAP particles are
entrained in the spray booth exhaust air. Spray booths in the
miscellaneous metal parts and products industry typically have either
water curtains or dry filters to remove overspray particles. Therefore,
inorganic HAP emission levels are expected to be very low and have not
been quantified.
D. What Is the Affected Source?
We define an affected source as a stationary source, a group of
stationary sources, or part of a stationary source to which a specific
emission standard applies. The proposed standards define the affected
source as the collection of all operations associated with the surface
coating of miscellaneous metal parts and products. These operations
include preparation of a coating for application (e.g., mixing with
thinners); surface preparation of the miscellaneous metal parts and
products (including paint stripping for the purpose of preparing a
substrate for the application of a coating); coating application and
flash-off; drying and/or curing of applied coatings; cleaning of
equipment used in surface coating; storage of coatings, thinners, and
cleaning materials; and handling and conveyance of waste materials from
the surface coating operations. The coating operation does not include
the application of coatings using hand-held aerosol containers.
E. What Are the Emission Limits, Operating Limits, and Other Standards?
Emission Limits
We are proposing to limit organic HAP emissions from each affected
source as specified in the following tables. For each of the
subcategories (defined in the proposed standards), the emission limit
is expressed as the mass of HAP emissions per volume of coating solids
used during each 12-month compliance period.
Table 2.--Emission Limits for New and Reconstructed Affected Sources
------------------------------------------------------------------------
Emission Emission
limit (kg limit
HAP/liter (lbs HAP/
Coating type of gallon of
coating coating
solids) solids)
------------------------------------------------------------------------
General Use Subcategory:
General Use Coatings................... 0.23 1.94
High Performance Coatings.............. 3.30 27.54
Magnet Wire Subcategory........................... 0.05 0.44
Rubber-to-Metal Subcategory....................... 0.82 6.80
------------------------------------------------------------------------
Table 3.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
Emission Emission
limit (kg limit
HAP/liter (lbs HAP/
Coating type of gallon of
coating coating
solids) solids)
------------------------------------------------------------------------
General Use Subcategory:
General Use Coatings................... 0.31 2.60
High Performance Coatings.............. 3.30 27.54
Magnet Wire Subcategory........................... 0.12 1.00
Rubber-to-Metal Subcategory....................... 4.50 37.70
------------------------------------------------------------------------
The proposed standards contain provisions that allow you to
calculate a facility-specific emission limit if your facility is in the
general use subcategory and applies both general use and high
performance coatings. The facility-specific limit is a weighted average
emission limit based on the relative percentages of each coating type
you use during the compliance period.
You can choose from several compliance options in the proposed rule
to achieve the emission limits. You could comply by applying materials
(coatings, thinners, and cleaning materials) that meet the emission
limits, either individually or collectively, during each compliance
period. You could also use a capture system and add-on control device
to meet the emission limits. You could also comply by using a
combination of both approaches.
Operating Limits
If you reduce emissions by using a capture system and add-on
control device (other than a solvent recovery system for which you
conduct a liquid-liquid material balance), the proposed operating
limits would apply to you. These limits are site-specific parameter
limits that you determine during the initial performance test of the
system. For capture systems that are not permanent total enclosures,
you would establish average volumetric flow rates or duct static
pressure limits for each capture device (or enclosure) in each capture
system. For capture systems that are permanent total enclosures, you
would establish limits on average facial velocity or pressure drop
across openings in the enclosure.
For thermal oxidizers, you would monitor the combustion
temperature. For catalytic oxidizers, you would monitor the temperature
immediately before and after the catalyst bed, or you would monitor the
temperature before the catalyst bed and implement a site-specific
inspection and maintenance
[[Page 52785]]
plan for the catalytic oxidizer. For carbon adsorbers for which you do
not conduct a liquid-liquid material balance, you would monitor the
carbon bed temperature and the amount of steam or nitrogen used to
desorb the bed. For condensers, you would monitor the outlet gas
temperature from the condenser.
The site-specific parameter limits that you establish must reflect
operation of the capture system and control devices during a
performance test that demonstrates achievement of the emission limits
during representative operating conditions.
Work Practice Standards
If you use an emission capture system and control device for
compliance, you would be required to develop and implement a work
practice plan to minimize organic HAP emissions from mixing operations,
storage tanks and other containers, and handling operations for
coatings, thinners, cleaning materials, and waste materials. The work
practice plan must include steps to ensure that, at a minimum: all
organic HAP coatings, thinners, cleaning materials, and waste materials
are stored in closed containers; spills of organic HAP coatings,
thinners, cleaning materials, and waste materials are minimized;
organic HAP coatings, thinners, cleaning materials, and waste materials
are conveyed from one location to another in closed containers or
pipes; mixing vessels which contain organic HAP coatings and other
materials are closed except when adding to, removing, or mixing the
contents; and emissions of organic HAP are minimized during cleaning of
storage, mixing, and conveying equipment.
If your affected source has an existing documented plan that
incorporates steps taken to minimize emissions from the aforementioned
sources, then your existing plan may be used to satisfy the requirement
for a work practice plan.
Operations During Startup, Shutdown, or Malfunction
If you use a capture system and control device for compliance, you
would be required to develop and operate according to a startup,
shutdown, and malfunction plan (SSMP) during periods of startup,
shutdown, or malfunction of the capture system and control device.
General Provisions
The NESHAP General Provisions (40 CFR part 63, subpart A) also
would apply to you as indicated in the proposed standards. The General
Provisions codify certain procedures and criteria for all 40 CFR part
63 NESHAP. The General Provisions contain administrative procedures,
preconstruction review procedures for new sources, and procedures for
conducting compliance-related activities such as notifications,
reporting and recordkeeping, performance testing, and monitoring. The
proposed standards refer to individual sections of the General
Provisions to emphasize key sections that are relevant. However, unless
specifically overridden in the proposed standards, all of the
applicable General Provisions requirements would apply to you.
F. What Are the Testing and Initial Compliance Requirements?
Compliance Dates
Existing affected sources would have to be in compliance with the
final standards no later than [DATE 3 YEARS AFTER THE DATE OF
PUBLICATION OF THE FINAL RULE IN THE Federal Register]. New and
reconstructed sources would have to be in compliance upon startup of
the affected source or no later than [DATE OF PUBLICATION OF THE FINAL
RULE IN THE Federal Register], whichever is later.
The proposed initial compliance period begins on the applicable
compliance date and ends on the last day of the twelfth month following
the compliance date. If the compliance date occurs on any day other
than the first day of a month, then the initial compliance period
extends through the end of that month plus the next 12 months. We have
defined ``month'' as a calendar month or a pre-specified period of 28
to 35 days to allow for flexibility at sources where data are based on
a business accounting period. Being ``in compliance'' means that the
owner or operator of the affected source meets the requirements to
achieve the proposed emission limitations by the end of the initial
compliance period. At the end of the initial compliance period, the
owner or operator would use the data and records generated to determine
whether or not the affected source is in compliance for that period. If
the affected source does not meet the applicable limits and other
requirements, it is out of compliance for the entire initial compliance
period.
Emission Limits
There are several options for complying with the proposed emission
limits, and the testing and initial compliance requirements vary
accordingly.
Option 1: Compliance Based on Materials Used in the Affected Source
If you demonstrate compliance based on the materials used, you
would determine the mass of organic HAP and the volume fraction of
coating solids in all materials used during the compliance period.
To determine the mass of organic HAP in coatings, thinners, and
cleaning materials and the volume fraction of coating solids, you could
either rely on manufacturer's data or on results from the test methods
listed below. You may use alternative test methods provided you get EPA
approval in accordance with the NESHAP General Provisions, 40 CFR
63.7(f). However, if there is any inconsistency between the test method
results (either EPA's or an approved alternative) and manufacturer's
data, the test method results would prevail for compliance and
enforcement purposes.
For organic HAP content, use Method 311 of 40 CFR part 63,
appendix A.
The proposed rule allows you to use nonaqueous volatile
matter as a surrogate for organic HAP, which would include all organic
HAP plus all other organic compounds, and excluding water. If you
choose this option, use Method 24 of 40 CFR part 60, appendix A.
For volume fraction of coating solids, use either Equation
1 in Sec. 63.3941 of the proposed rule, ASTM Method D2697-86 (1998), or
ASTM Method D6093-97.
To demonstrate initial compliance based on the materials used, you
would be required to demonstrate that either the organic HAP content of
each coating meets the emission limits and that you use no organic HAP-
containing thinners or cleaning materials, or that the total mass of
organic HAP in all coatings, thinners, and cleaning materials divided
by the total volume of coating solids meets the emission limits. For
the latter option, you would be required to:
Determine the quantity of each coating, thinner, and
cleaning material used.
Determine the mass of organic HAP in each coating,
thinner, and cleaning material.
Determine the volume fraction of coating solids for each
coating.
Calculate the total mass of organic HAP in all materials
and the total volume of coating solids for the compliance period. You
may subtract from the total mass of organic HAP the amount contained in
waste materials you send to a hazardous waste treatment, storage, and
disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
[[Page 52786]]
Calculate the ratio of the total mass of organic HAP for
the materials used to the total volume of coating solids used.
Record the calculations and results and include them in
your Notification of Compliance Status.
Option 2: Compliance Based on Using a Capture System and Add-On Control
Device
If you use a capture system and add-on control device other than a
solvent recovery system for which you conduct a liquid-liquid material
balance, your testing and initial compliance requirements are as
follows:
Conduct an initial performance test to determine the
capture and control efficiencies of the equipment and to establish
operating limits to be achieved on a continuous basis. The performance
test would have to be completed no later than the compliance date for
existing sources and 180 days after the compliance date for new and
reconstructed sources. You would also need to schedule it in time to
obtain the results for use in completing your compliance determination
for the initial compliance period.
Determine the mass of organic HAP in each material and the
volume fraction of coating solids for each coating used during the
initial compliance period.
Calculate the organic HAP emissions from the controlled
coating operations using the capture and control efficiencies
determined during the performance test and the total mass of organic
HAP in materials used in controlled coating operations.
Calculate the ratio of the total mass of HAP emissions to
the total volume of coating solids used during the initial compliance
period.
Record the calculations and results and include them in
your Notification of Compliance Status.
If you use a capture system and add-on control device other than a
solvent recovery system for which you conduct liquid-liquid material
balances, you would determine both the efficiency of the capture system
and the emission reduction efficiency of the control device. To
determine the capture efficiency, you would either verify the presence
of a permanent total enclosure using EPA Method 204 of 40 CFR part 51,
appendix M (and all materials must be applied and dried within the
enclosure), or use one of three protocols in Sec. 63.3965 of the
proposed rule to measure capture efficiency. If you have a permanent
total enclosure and all materials are applied and dried within the
enclosure and you route all exhaust gases from the enclosure to a
control device, you would assume 100 percent capture.
To determine the emission reduction efficiency of the control
device, you would conduct measurements of the inlet and outlet gas
streams. The test would consist of three runs, each run lasting 1 hour,
using the following EPA Methods in 40 CFR part 60, appendix A:
Method 1 or 1A for selection of the sampling sites.
Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas
volumetric flow rate.
Method 3, 3A, or 3B for gas analysis to determine dry
molecular weight.
Method 4 to determine stack moisture.
Method 25 or 25A to determine organic volatile matter
concentration. Alternatively, any other test method or data that have
been validated according to the applicable procedures in Method 301 of
40 CFR part 63, appendix A, and approved by the Administrator, could be
used.
If you use a solvent recovery system, you could determine the
overall control efficiency using a liquid-liquid material balance
instead of conducting an initial performance test. If you use the
material balance alternative, you would be required to measure the
amount of all materials used in the affected source during the
compliance period and determine the total volatile matter contained in
these materials. You would also measure the amount of volatile matter
recovered by the solvent recovery system during the compliance period.
Then you would compare the amount recovered to the amount used to
determine the overall control efficiency and apply this efficiency to
the organic HAP-to-coating solids ratio for the materials used. You
would record the calculations and results and include them in your
Notification of Compliance Status.
Operating Limits
As mentioned above, you would establish operating limits as part of
the initial performance test of a capture system and control device
other than a solvent recovery system for which you conduct liquid-
liquid material balances. The operating limits are the minimum or
maximum (as applicable) values achieved for capture systems and control
devices during the most recent performance test that demonstrated
compliance with the emission limits. If you operate your capture system
and control device at different sets of representative operating
conditions, you must establish operating limits for the parameters for
each different operating condition.
The proposed rule specifies the parameters to monitor for the types
of emission control systems commonly used in the industry. You would be
required to install, calibrate, maintain, and continuously operate all
monitoring equipment according to manufacturer's specifications and
ensure that the continuous parameter monitoring systems (CPMS) meet the
requirements in Sec. 63.3968 of the proposed rule. If you use control
devices other than those identified in the proposed rule, you would
submit the operating parameters to be monitored to the Administrator
for approval. The authority to approve the parameters to be monitored
is retained by EPA and is not delegated to States.
If you use a thermal or catalytic oxidizer, you would continuously
monitor the appropriate temperature and record it at least every 15
minutes. For thermal oxidizers, the temperature monitor is placed in
the firebox or in the duct immediately downstream of the firebox before
any substantial heat exchange occurs. The operating limit would be the
average temperature measured during the performance test, and for each
consecutive 3-hour period the average temperature would have to be at
or above this limit. For catalytic oxidizers, temperature monitors are
placed immediately before and after the catalyst bed. The operating
limits would be the average temperature just before the catalyst bed
and the average temperature difference across the catalyst bed during
the performance test, and for each 3-hour period the average
temperature and the average temperature difference would have to be at
or above these limits. As an alternative method for catalytic
oxidizers, you would continuously monitor the temperature immediately
before the catalyst bed and record it at least every 15 minutes. The
operating limit would be the average temperature just before the
catalyst bed during the performance test, and for each 3-hour period
the average temperature would have to be at or above these limits. As
part of the alternative method, you must also develop and implement an
inspection and maintenance plan for your catalytic oxidizer.
If you use a carbon adsorber and do not conduct liquid-liquid
material balances to demonstrate compliance, you would monitor the
carbon bed temperature after each regeneration and the total amount of
steam or nitrogen used to desorb the bed for each regeneration. The
operating limits would be the carbon bed temperature (not to be
exceeded) and the amount of steam or nitrogen used for desorption (to
be met as a minimum).
[[Page 52787]]
If you use a condenser, you would monitor the outlet gas
temperature to ensure that the air stream is being cooled to a low
enough temperature. The operating limit would be the average condenser
outlet gas temperature measured during the performance test, and for
each consecutive 3-hour period the average temperature would have to be
at or below this limit.
For each capture system that is not a permanent total enclosure,
you would establish operating limits for gas volumetric flow rate or
duct static pressure for each enclosure or capture device. The
operating limit would be the average volumetric flow rate or duct
static pressure during the performance test, to be met as a minimum.
For each capture system that is a permanent total enclosure, the
operating limit would require the average facial velocity of air
through all natural draft openings to be at least 200 feet per minute
or the pressure drop across the enclosure to be at least 0.007 inches
water.
Work Practices
If you use the emission rate with add-on controls option, you would
be required to develop and implement on an ongoing basis a work
practice plan for minimizing organic HAP emissions from storage,
mixing, material handling, and waste handling operations. You would
have to make the plan available for inspection if the Administrator
requests to see it.
If your affected source has an existing documented plan that
incorporates steps taken to minimize emissions from the aforementioned
sources, then your existing plan may be used to satisfy the requirement
for a work practice plan.
Operations During Startup, Shutdown, or Malfunction
If you use a capture system and control device for compliance, you
would be required to develop and operate according to a SSMP during
periods of startup, shutdown, or malfunction of the capture system and
control device.
G. What Are the Continuous Compliance Provisions?
Emission Limits
If you demonstrate compliance with the proposed emission limits
based on the materials used, you would demonstrate continuous
compliance if, for each compliance period, the ratio of organic HAP to
coating solids is less than or equal to the emission limits. A
compliance period consists of 12 months. Each month after the end of
the initial compliance period is the end of a compliance period
consisting of that month and the preceding 11 months. You would follow
the same procedures for calculating the organic HAP to coating solids
ratio that you used for the initial compliance period.
For each coating operation on which you use a capture system and
control device other than solvent recovery for which you conduct a
liquid-liquid material balance, you would use the continuous parameter
monitoring results for the compliance period in determining the mass of
organic HAP emissions. If the monitoring results indicate no deviations
from the operating limits and there were no bypasses of the control
device, you would assume the capture system and control device are
achieving the same percent emission reduction efficiency as they did
during the most recent performance test in which compliance was
demonstrated. You would then apply this percent reduction to the total
mass of organic HAP in materials used in controlled coating operations
to determine the compliance period emission rate from those operations.
If there were any deviations from the operating limits during the
compliance period or any bypasses of the control device, you would
account for them in the calculation of the compliance period emission
rate by assuming the capture system and control device were achieving
zero emission reduction during the periods of deviation.
For each coating operation on which you use a solvent recovery
system and conduct a liquid-liquid material balance each compliance
period, you would use the liquid-liquid material balance to determine
control efficiency. To determine the overall control efficiency, you
must measure the amount of all materials used during each compliance
period and determine the volatile matter content of these materials.
You must also measure the amount of volatile matter recovered by the
solvent recovery system during the compliance period, calculate the
overall control efficiency, and apply it to the total mass of organic
HAP in the materials used to determine total organic HAP emissions.
Operating Limits
If you use a capture system and control device, the proposed rule
would require you to achieve on a continuous basis the operating limits
you establish during the performance test. If the continuous monitoring
shows that the capture system and control device are operating outside
the range of values established during the performance test, you have
deviated from the established operating limits.
If you operate a capture system and control device that allow
emissions to bypass the control device, you would have to demonstrate
that HAP emissions from each emission point within the affected source
are being routed to the control device by monitoring for potential
bypass of the control device. You may choose from the following four
monitoring procedures:
Flow control position indicator to provide a record of
whether the exhaust stream is directed to the control device;
Car-seal or lock-and-key valve closures to secure the
bypass line valve in the closed position when the control device is
operating;
Valve closure continuous monitoring to ensure any bypass
line valve or damper is closed when the control device is operating; or
Automatic shutdown system to stop the coating operation
when flow is diverted from the control device.
If the bypass monitoring procedures indicate that emissions are not
routed to the control device, you have deviated from the emission
limits.
Work Practice Plan
If you use the emission rate with add-on controls option, you would
be required to implement, on an ongoing basis, the work practice plan
you developed during the initial compliance period. If you did not
develop a plan for reducing organic HAP emissions or you do not
implement the plan, this would be a deviation from the work practice
standard.
Operations During Startup, Shutdown, and Malfunction
If you use a capture system and control device for compliance, you
would be required to develop and operate according to a SSMP during
periods of startup, shutdown, and malfunction of the capture system and
control device.
H. What Are the Notification, Recordkeeping, and Reporting
Requirements?
You are required to comply with the applicable requirements in the
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in
the proposed rule. The General Provisions notification requirements
include: Initial notifications, notification of performance test if you
are complying using a capture system and control device, notification
of compliance status, and additional notifications required for
affected sources with continuous monitoring systems. The
[[Page 52788]]
General Provisions also require certain records and periodic reports.
Initial Notifications
If the proposed standards apply to you, you must send a
notification to the EPA Regional Office in the region where your
facility is located and to your State agency, no later than 1 year
after the effective date for existing sources and no later than 120
days after the date of initial startup for new and reconstructed
sources, or 120 days after publication of the final rule, whichever is
later. That report notifies us and your State agency that you have an
existing facility that is subject to the proposed standards or that you
have constructed a new facility. Thus, it allows you and the permitting
authority to plan for compliance activities. You would also need to
send a notification of planned construction or reconstruction of a
source that would be subject to the proposed rule and apply for
approval to construct or reconstruct.
Notification of Performance Test
If you demonstrate compliance by using a capture system and control
device for which you do not conduct a liquid-liquid material balance,
you would conduct a performance test. The performance test would be
required no later than the compliance date for an existing affected
source, and no later than 180 days after startup or 180 days after
publication of the final rule, whichever is later, for a new or
reconstructed source. You must notify us (or the delegated State or
local agency) at least 60 calendar days before the performance test is
scheduled to begin and submit a report of the performance test results
no later than 60 days after the test as indicated in the General
Provisions for the NESHAP.
Notification of Compliance Status
Your compliance procedures would depend on which compliance option
you choose. For each compliance option, you would send us a
Notification of Compliance Status within 30 days after the end of the
initial compliance period. In the notification, you would certify
whether the affected source has complied with the proposed standards,
identify the option(s) you used to demonstrate initial compliance,
summarize the data and calculations supporting the compliance
demonstration, and describe how you will determine continuous
compliance.
If your facility is subject to the proposed standards and to NESHAP
for another surface coating source category and you have chosen to
comply with the more stringent of the standards for the entire
facility, your notification would include a certification to that
effect. You would also submit documentation that the resulting HAP
emission levels are less than or equal to the level that would be
achieved by complying with each applicable NESHAP.
If you elect to comply by using a capture system and control device
for which you conduct performance tests, you must provide the results
of the tests. Your notification would also include the measured range
of each monitored parameter and the operating limits established during
the performance test, and information showing whether the source has
complied with its operating limits during the initial compliance
period.
Recordkeeping Requirements
You would be required to keep records of reported information and
all other information necessary to document compliance with the
proposed rule for 5 years. As required under the General Provisions,
records for the 2 most recent years must be kept on-site; the other 3
years' records may be kept off-site. Records pertaining to the design
and operation of the control and monitoring equipment must be kept for
the life of the equipment.
Depending on the compliance option that you choose, you may need to
keep records of the following:
Organic HAP content, volatile matter content, coating
solids content, and quantity of the coatings, thinners, and cleaning
materials used during each compliance period; and
All documentation supporting initial notifications and
notifications of compliance status.
If you demonstrate compliance by using a capture system and control
device, you would also need to keep records of the following:
The occurrence and duration of each startup, shutdown, or
malfunction of the emission capture system and control device;
All maintenance performed on the capture system and
control device;
Actions taken during startup, shutdown, and malfunction
that are different from the procedures specified in the affected
source's SSMP;
All information necessary to demonstrate conformance with
the affected source's SSMP when the plan procedures are followed;
All information necessary to demonstrate conformance with
the affected source's plan for minimizing emissions from mixing,
storage, and waste handling operations;
Each period during which a CPMS is malfunctioning or
inoperative (including out-of-control periods);
All required measurements needed to demonstrate compliance
with the standards; and
All results of performance tests.
The proposed rule would require you to collect and keep records
according to certain minimum data requirements for the CPMS. Failure to
collect and keep the specified minimum data would be a deviation that
is separate from any emission limits, operating limits, or work
practice standards.
Deviations, as determined from these records, would need to be
recorded and also reported. A deviation is any instance when any
requirement or obligation established by the proposed rule, including
but not limited to, the emission limits, operating limits, and work
practice standards, is not met.
If you use a capture system and control device to reduce HAP
emissions, you would have to make your SSMP available for inspection if
the Administrator requests to see it. It would stay in your records for
the life of the affected source or until the source is no longer
subject to the proposed standards. If you revise the plan, you would
need to keep the previous superseded versions on record for 5 years
following the revision.
Periodic Reports
Each reporting year is divided into two semiannual reporting
periods. If no deviations occur during a semiannual reporting period,
you would submit a semiannual report stating that the affected source
has been in continuous compliance. If deviations occur, you would
include them in the report as follows:
Report each deviation from the emission limitations that
apply to you.
If you are complying by using a thermal oxidizer, report
all times when a consecutive 3-hour average temperature is below the
operating limit.
If you are complying by using a catalytic oxidizer, report
all times when a consecutive 3-hour average temperature difference
across the catalyst bed is below the operating limit and also report
all times when a 3-hour average temperature before the catalyst bed is
below the operating limit.
If you are complying by using oxidizers, or solvent
recovery systems where liquid-liquid material balances are not
conducted, report all times when the value of the site-specific
operating parameter used to monitor the capture system performance was
less than the
[[Page 52789]]
operating limit established for the capture system.
If you are complying by using a carbon adsorber for which
you do not conduct liquid-liquid material balances, report all times
when the steam or nitrogen flow is less than the operating limit and
also report all times when the carbon bed temperature is more than the
operating limit.
If you are complying by using a condenser, report all
times when a 3-hour average outlet temperature is higher than the
operating limit.
If your capture system contains bypass lines that could
divert emissions from the control device to the atmosphere, report all
times when emissions were not routed to the control device.
Report other specific information on the periods of time
the deviations occurred.
You would also have to include an explanation in each semiannual
report if a change occurs that might affect the compliance status of
the affected source, or you change to another option for meeting the
emission limit.
Other Reports
You would be required to submit reports for periods of startup,
shutdown, and malfunction of the capture system and control device. If
the procedures you follow during any startup, shutdown, or malfunction
are inconsistent with your plan, you would report those procedures with
your semiannual reports in addition to immediate reports required by
Sec. 63.10(d)(5)(ii) of the General Provisions. You must also submit
reports of performance test results for emission capture systems and
add-on control devices no later than 60 days after completing the tests
as specified in Sec. 63.10(d)(2).
III. Rationale for Selecting the Proposed Standards
A. How Did We Select the Source Category?
The surface coating of miscellaneous metal parts and products is a
source category that is on the list of source categories to be
regulated because it contains major sources which emit or have the
potential to emit at least 9.7 Mg (10 tons) of any one HAP or at least
22.7 Mg (25 tons) of any combination of HAP annually. The proposed rule
would control HAP emissions from both new and existing major sources.
Area sources are not being regulated under the proposed rule.
The surface coating of miscellaneous metal parts and products as
described in the listing includes any facility engaged in the surface
coating of miscellaneous metal parts or products. We have used product
lists contained in the SIC and NAICS code descriptions to describe
examples of the vast array of miscellaneous metal parts and products.
We intend the source category to include facilities for which the
surface coating of miscellaneous metal parts and products is either
their principal activity or an integral part of a production process
that is the principal activity. Most coating operations are located at
plant sites that are dedicated to these activities. However, some may
be located at sites for which some other activity is principal.
Collocated surface coating operations comparable to the types and sizes
of the dedicated facilities, in terms of the coating operation and
applicable emission control techniques, are included in the source
category.
The source category does not include research or laboratory
facilities; janitorial, building, and facility maintenance operations;
or hobby shops where surface coating is performed for noncommercial
purposes.
B. How Did We Select the Regulated Pollutants?
Organic HAP
Available emission data collected during the development of the
proposed NESHAP show that the primary organic HAP emitted from the
surface coating of miscellaneous metal parts and products include
xylene, toluene, MEK, phenol, cresols/cresylic acid, 2-butoxyethanol,
styrene, MIBK, ethyl benzene, and glycol ethers. These compounds
account for approximately 90 percent of this category's nationwide
organic HAP emissions. However, many other organic HAP are used, or can
be used, in miscellaneous metal parts and products coatings, thinners,
and cleaning materials. Therefore, the proposed rule would regulate
emissions of all organic HAP.
Inorganic HAP
Although most of the coatings used in this source category do not
contain inorganic HAP, some special purpose coatings used by this
source category do contain inorganic HAP such as chromium, cobalt,
lead, and manganese. Emissions of these materials to the atmosphere are
minimal because the facilities in this source category employ either
water curtains or dry filters that remove overspray particles from the
spray booth exhaust. At this time, it does not appear that emissions of
inorganic HAP from this source category warrant Federal rulemaking.
C. How Did We Select the Affected Source?
In selecting the affected source(s) for emission standards, our
primary goal is to ensure that MACT is applied to HAP-emitting
operations or activities within the source category being regulated.
The affected source also serves to establish where new source MACT
applies under a particular standard. Specifically, the General
Provisions in subpart A of 40 CFR part 63 define the terms
``construction'' and ``reconstruction'' with reference to the term
``affected source'' (40 CFR 63.2) and provide that new source MACT
applies when construction or reconstruction of an affected source
occurs (40 CFR 63.5). The collection of equipment and activities
evaluated in determining MACT (including the MACT floor) is used in
defining the affected source.
When an emission standard is based on a collection of emissions
sources or total facility emissions, we select an affected source based
on that same collection of emission sources or the total facility as
well. This approach for defining the affected source broadly is
particularly appropriate for industries where a plantwide emission
standard provides the opportunity and incentive for owners and
operators to utilize control strategies that are more cost effective
than if separate standards were established for each emission point
within a facility.
Selection of Affected Source
The affected source for the proposed standards is broadly defined
to include all operations associated with the coating of miscellaneous
metal parts and products and the cleaning of product substrates or
coating operation equipment. These operations include storage and
mixing of coatings and other materials; surface preparation of the
miscellaneous metal parts and products prior to coating application;
coating application and flash-off, drying and curing of applied
coatings; cleaning operations; and waste handling operations.
In selecting the affected source, we considered, for each
operation, the extent to which HAP-containing materials are used and
the amount of HAP that are emitted. Cleaning and coating application,
flash-off, and curing/drying operations account for the majority of HAP
emissions at miscellaneous metal parts and products surface coating
operations. These operations are included in the affected source.
[[Page 52790]]
We were not able to obtain data to adequately quantify HAP
emissions from storage, mixing, and waste handling. However, solvents
that are added to coatings as thinners and other HAP-containing
additives to coatings may be emitted during mixing and storage. The
level of emissions depends on the type of mixing and the type of
storage container and the work practices used at the facility.
Emissions from waste handling operations depend on the type of system
used to collect and transport organic HAP-containing waste coatings,
thinners, and cleaning materials in the facility. For example, solvent-
laden rags that are used to clean spray booths or tanks could be a
source of HAP emissions. The method used to isolate and store such rags
affects the level of emissions to ambient air. Mixing, storage, and
waste handling operations are included in the affected source.
A broad definition of the affected source was selected to provide
maximum flexibility in complying with the proposed emission limits for
organic HAP. In planning its total usage of HAP-containing materials,
each facility can select among available coatings, thinners, and
cleaning materials to comply with the proposed limits.
Additional information on the miscellaneous metal parts and
products surface coating operations selected for rulemaking, and other
operations, are included in the docket for the proposed standards.
D. How Did We Determine the Basis and Level of the Proposed Standards
for Existing and New Sources?
The sections below present the rationale for determining the MACT
floor, regulatory alternatives beyond the floor, and selection of the
proposed standards for existing and new affected sources.
After we identify the specific source categories or subcategories
of sources to regulate under section 112 of the CAA, we must develop
emission standards for each category and subcategory. Section 112(d)(3)
establishes a minimum baseline or ``floor'' for standards. For new
sources in a category or subcategory, the standards cannot be less
stringent than the emission control that is achieved in practice by the
best-controlled similar source. The standards for existing sources can
be less stringent than standards for new sources, but they cannot be
less stringent than the average emission limitation achieved by the
best-performing 12 percent of existing sources (or the best-performing
five sources for categories or subcategories with fewer than 30
sources).
The miscellaneous metal parts and products surface coating source
category includes facilities that coat metal parts and products which
are not applicable to other specific surface coating MACT source
categories. This source category comprises numerous diverse operations
that apply surface coatings to metal parts and products including, but
not limited to, railroad cars, medical equipment, electronic equipment,
wheelbarrows, magnet wire, heavy duty trucks, hardware, power tools,
pipes, structural steel, sporting goods, lawn mowers, bicycles, auto
parts, musical instruments, steel drums, army tanks, and industrial
machinery. In addition, a wide variety of coating technologies and
application methods are employed across all these industry segments.
Nationwide, there are thousands of facilities involved in coating of
miscellaneous metal parts and products, with an estimated 1,500 or more
being classified as major sources. Because of the diversity of the
products coated and the coating technologies and application methods
employed, identification of the top performing facilities in this
category is inherently difficult, especially since the control
techniques that make these facilities the top performers must be
transferrable to other facilities in the category. Consequently, it has
been necessary to employ innovation in developing a regulatory approach
for this category that provides significant emission reductions while
being achievable across the source category.
There are no existing Federal or State regulations requiring
control of HAP emissions from this category. Reasonably available
control technology (RACT) requirements have been in place for reduction
of volatile organic compound (VOC) emissions from this category since
the late 1970's and may have resulted in some degree of coincidental
reductions in HAP emissions. However, since the RACT requirements
generally apply only to facilities located in ozone nonattainment
areas, and many States have applicability thresholds for the RACT
requirements, there are a great number of unregulated miscellaneous
metal parts and products facilities remaining.
To gather data to support the development of the proposed rule, we
utilized written requests for information submitted to owners and
operators of facilities within the source category. The results of a
two-page screening survey sent to approximately 3,000 facilities were
used to identify major and synthetic minor sources that perform coating
operations on miscellaneous metal parts and products. This list was
augmented with names of facilities provided by trade associations and
resulted in a list of 312 corporate owners to which a subsequent, more
detailed survey was distributed.
The detailed survey resulted in responses from 639 major and
synthetic minor sources. Of the facilities responding to the survey,
only 332 submitted data of sufficient quality to perform some degree of
analysis on coating material usage.
We explored various approaches to determining the MACT floor and
eventual regulatory strategy based on the data obtained from our data
gathering efforts. From the outset, the various facilities were grouped
into industry ``segments'' based on the type of products coated. This
was done to identify trends among the segments and to indicate whether
one or more segments were influencing the floor determination. It also
enabled the stakeholders to more easily check the results for their
respective industry segments and give us feedback on the apparent
accuracy of the information reported.
One approach considered in an effort to minimize the effect of the
extreme diversity of the miscellaneous metal parts and products source
category was to develop MACT floors using a ``coating category''
approach. In the coating category approach, the specific industry and
the part or product coated had no bearing on the analysis. For this
analysis, coatings would be grouped according to their type (primers,
color coats, top coats, clear coats, adhesives, etc.) along with the
thinners and additives specified for their use. They could be further
categorized by resin type (acrylic, alkyd, epoxy, polyurethane, etc.).
Then, the HAP content ``as applied'' (i.e., after thinning and mixing
of additives) could be determined and the average of the best coatings
in each category could represent the MACT floor for that coating
category. This approach is similar to the coating category approaches
used in the wood furniture manufacturing NESHAP (40 CFR part 63,
subpart JJ) and the shipbuilding and ship repair NESHAP (40 CFR part
63, subpart II). However, it is more complex than those since the
miscellaneous metal parts and products category comprises a vast array
of coatings and is further broken down by resin type.
A serious drawback to the detailed coating category approach was
that the analysis depended on high quality survey responses that would
allow us to correlate coating type with resin type and HAP content for
a multitude of combinations. Unfortunately, the survey
[[Page 52791]]
data did not provide the level of information required to enable us to
perform a meaningful analysis of the coating categories.
As an alternative to the detailed coating category approach, we
attempted an analysis of each facility based on emissions reported from
the various coating operations. In many cases, respondents reported HAP
emissions for individual coating lines and other emission points as
requested. In many others, however, such estimates were not provided.
In those cases, we used available survey information on materials used
to derive emission estimates for the various emission points at the
facility. The combined reported and derived emission estimates were
used in conjunction with material data reported to develop a
facilitywide ratio of HAP emitted per volume of solids used. This ``one
number'' approach accounted for all coating-related emissions
(painting, mixing, thinning, cleaning, etc.) and eliminated the need to
separately account for thinning and cleaning solvents, paint additives,
etc.
Although the ``one number'' approach is relatively simple, allows
flexibility, and accounts for emissions from all operations within the
boundaries of the coating operation, we questioned the appropriateness
of using a combination of bases to estimate emissions. To check for
potential problems, we examined the emissions and materials data
reported for several facilities. In many cases, the emissions reported
could not be reconciled with the HAP content of the materials used. In
some cases, the emissions were reported to be greater than the total
HAP content of all materials reported. To avoid basing the MACT floor
and eventual rules on questionable, unreconcilable data, we decided to
abandon the ``emissions'' approach and rely solely on the reported HAP
content of materials to determine the overall ``one number'' ratio of
pounds HAP to gallons (gal) solids.
Using material formulation data reported in the survey, the
volatile HAP content and the solids content were both summed across all
materials, and a ratio of pounds (lb) HAP used per gal solids used was
calculated for each facility. This number was modified to reflect any
reductions from add-on controls or from waste materials collected and
shipped offsite. Solvents recycled onsite were not subtracted, since
they would be reused within the boundaries of the coating operation and
would not affect the material balance. Recycled materials coming into
the operation from offsite were counted the same as new materials
purchased.
Once the overall HAP-to-solids ratio was determined for each
facility, the facilities were ranked in ascending order based on this
ratio (i.e., ranked best performing to worst performing). The top 12
percent of these facilities were identified and their average ratio
represented the MACT floor for the entire source category. A similar
procedure was performed on the facilities in 16 individual industry
segments to determine the effect certain segments may have on the floor
calculation and to qualitatively assess how individual segments may be
affected by rules based on the floor. The floor calculation based on
all facilities (i.e., no segmentation) yielded an average ratio of less
than 0.1 lb HAP per gal of coating solids. The floor calculations for
individual segments yielded averages ranging from zero lb HAP/gal
solids (auto parts, structural steel) to very high averages of 13 lb
HAP/gal solids (magnet wire) and 58 lb HAP/gal solids (rubber-to-metal
products). This variation from segment to segment indicated that a
single floor, with no subcategorization, would not be representative of
all sources in the source category. A tentative decision was made to
divide the source category into at least three subcategories (magnet
wire, rubber-to-metal, and all other facilities grouped into a
``general use'' subcategory) and possibly more depending on the level
of homogeneity that could be achieved within each subcategory. In order
for the MACT floor to be calculated based on similar sources within a
subcategory, the makeup of the subcategory must be homogeneous in terms
of processes, application methods, coating types, and applicable HAP
control technologies. Too much diversity (with respect to products
coated, coating performance requirements, etc.) within a subcategory
could result in an inappropriate MACT floor since the top-performing
facilities (and the specific products they coat) may not be
representative of the subcategory. After careful review of the survey
results from individual facilities and consultation with several
stakeholder groups, we concluded that the diversity within the various
industry segments of the general use subcategories remained extremely
broad. We concluded that some other means of disaggregating the
miscellaneous metal parts and products general use subcategory was
needed.
Because of this lack of homogeneity, we attempted to regroup the
products coated within the general use subcategory into a different set
of potential subcategories. For example, instead of ``automobile
parts,'' ``large trucks and buses,'' ``recreational vehicles,'' ``heavy
equipment,'' and ``rail transportation,'' the products within these
industry segments were regrouped as ``vehicle finishing,'' ``vehicle
body parts,'' ``vehicle mechanical parts,'' ``engines and engine
parts,'' and ``electrical parts'' in order to group more homogeneous
products and performance requirements within the subcategory. After
further analysis of the data and discussions with stakeholders
associated with these existing segments and potential subcategories, we
concluded that the top performing facilities within the newly regrouped
potential subcategories were still unrepresentative.
We concluded at this point that the most frequently used approaches
to determining a MACT floor for a source category were unlikely to be
applicable to the miscellaneous metal parts and products general use
subcategory. An innovative approach was needed to provide reasonable
HAP emission reductions while maintaining a realistic expectation that
the control measures imposed could, in fact, be achievable across this
diverse collection of industries. Instead of determining the MACT floor
directly from facility emissions or materials information, we decided
to use a combination of State VOC limits and locations of specific
miscellaneous metal parts and products facilities to establish the MACT
floor using the VOC limits as a surrogate for HAP.
The miscellaneous metal parts and products database contains 321
facilities (332 facilities with usable materials information, minus the
11 magnet wire and rubber-to-metal facilities) that are major sources
or synthetic minor sources. Using information from the survey, we
identified the State in which each facility is located. A review of
existing State and local VOC requirements showed that the most
stringent limits are those imposed by the various air quality
management districts in California. For most coating types, this limit
is 2.80 lb VOC per gal of coating (as applied), less water and exempt
(non-VOC) solvents. The State of Louisiana imposes a VOC limit of 3.00
lb VOC/gal coating as applied, less water and exempt solvents. The
remainder of the States require the 3.50 lb VOC/gal coating limit
presented in the Federal control techniques guidelines (CTG) document
(Massachusetts and North Carolina express their limits as 6.70 lb VOC/
gal solids, which is equivalent to 3.50 lb VOC/gal coating, less water
and exempt solvents). The limits discussed here
[[Page 52792]]
apply to most coating types (general use coatings). Certain specialty
coatings are subject to different VOC limits under the California rules
and will be addressed in later paragraphs.
Knowing the State VOC limits and the locations of the miscellaneous
metal parts and products facilities in the database, we were able to
determine what the average State VOC limit would be for the top 12
percent of the industry. From a total of 321 facilities, 39 facilities
comprised the top 12 percent as follows: California--9 facilities @
2.80 lb VOC/gal; Louisiana--no facilities @ 3.00 lb VOC/gal; and other
States--30 facilities @ 3.50 lb VOC/gal. Using these limits and the
facilities subject to them, the average State limit for the top 12
percent was calculated to be 3.30 lb VOC/gal coating, less water and
exempt solvents, or 6.00 lb VOC/gal solids. Similarly, the best
controlled similar sources would be those subject to the California
limit of 2.80 lb VOC/gal coating, or 4.50 lb VOC/gal solids.
In order to use the average VOC limit as a surrogate for HAP
emissions, we developed a correction factor that relates VOC emissions
to HAP emissions within the miscellaneous metal parts and products
category. To develop this factor, we calculated the average HAP-to-VOC
ratio for all material usage reported by the facilities in the
miscellaneous metal parts and products database. By dividing the total
amount of HAP reported by the total amount of VOC reported across the
miscellaneous metal parts and products category (except for magnet wire
and rubber-to-metal products), we determined that the average HAP-to-
VOC ratio of materials used is 43 percent.
Using this approach, the MACT floor for existing sources was
determined by multiplying the average of the top 12 percent (6.00 lb
VOC/gal solids) by the correction factor (43 lb HAP/100 lb VOC). This
results in an existing source MACT floor of 2.60 lb HAP/gal solids. A
similar calculation using the California limit results in a new source
MACT floor of 1.90 lb HAP/gal solids. As mentioned earlier, these floor
determinations apply to most coatings (those now referred to as
``general use'' coatings) used within the miscellaneous metal parts and
products category. General use coatings are any coatings that do not
meet the definitions of the specialty coating categories that are
addressed in the following paragraphs.
For most industries within the general use subcategory, the coating
type used will be defined as ``general use coatings'' and will be
represented by the MACT floor values described above. Certain specialty
coatings that are used by some facilities within the general use
subcategory have been identified as ``high performance coatings.''
These coatings are not used in any one industry exclusively, but may be
used in varying amounts in many different industries. This coating type
includes coatings used in severe conditions such as high temperatures
or exposure to a variety of harsh chemicals. Certain architectural
coatings are also included in this coating type. The proposed rule
contains specific definitions that must be met for coatings to be
considered high performance coatings. The new and existing source MACT
floor for these types of coatings was developed from California's 6.20
lbs VOC/gal of coating provisions for specialty coatings. This limit
was used for both the new and existing source MACT floors because it is
the most stringent limit found specifically for these coating types,
and because it is currently applicable to facilities in California. The
HAP-to-VOC ratio of these coatings, based on information received from
industry, is on average about 70 percent. The MACT floor for these
coatings is, therefore, 27.54 lbs HAP/gal coating solids (3.30 kg HAP/
liter coating solids).
The rubber-to-metal products industry segment is considered as a
separate subcategory because acceptable low HAP coatings have not been
demonstrated for many applications within this industry. Because there
are less than 30 facilities within this subcategory, the MACT floor was
based on data from the five best performing facilities for which we
have data. An analysis of the HAP data provided by the industry in the
survey responses lead to the development of a new source floor of 6.80
lbs HAP/gal coating solids (0.82 kg HAP/liter coating solids) and an
existing source floor of 37.70 lbs HAP/gal coating solids (4.50 kg HAP/
liter coating solids).
Magnet wire coating is also considered as a separate subcategory
for which specific MACT floor values were determined. The magnet wire
industry is unique within the source category because of the design of
the curing ovens used in the industry. These ovens are designed to
utilize volatile organics in the exhaust gas stream as a supplemental
fuel. They typically operate at temperatures that achieve high volatile
organic destruction efficiencies. Based on the HAP data provided by the
best performing five of the seven facilities for which we have data
(there are less than 30 facilities in the subcategory), the new source
MACT floor is 0.44 lbs HAP/gal coating solids (0.05 kg HAP/liter
coating solids). The MACT floor for existing facilities is 1.00 lb HAP/
gal coating solids (0.12 kg HAP/liter coating solids). These values
include a factor of 0.27 lb HAP/gal coating solids (0.03 kg HAP/liter
coating solids) to account for emissions from cleaning operations. This
factor was necessary because the emissions from most cleaning
operations that employ solvents containing HAP are not captured and
controlled by the ovens.
After the floors have been determined for new and existing sources
in a source category or subcategory, we must set emission standards
that are technically achievable and no less stringent than the floors.
Such standards must then be met by all sources within the category or
subcategory. We identify and consider any reasonable regulatory
alternatives that are ``beyond-the-floor,'' taking into account
emissions reductions, cost, non-air quality health and environmental
impacts, and energy requirements. These alternatives may be different
for new and existing sources because of different MACT floors, and
separate standards may be established for new and existing sources.
We identified three regulatory alternatives more stringent than the
MACT floor level of control for organic HAP. These alternatives are the
use of powder coatings as an alternative to HAP-containing liquid
coatings; the use of liquid coatings that have a very low, or no,
organic HAP content as an alternative to higher HAP content liquid
coatings; and use of add-on capture systems and control devices.
Information indicates that several miscellaneous metal parts and
products surface coating facilities have converted to using only powder
coatings. Such facilities typically produce a single type of product
(such as lawn and garden equipment), do not require unusual finishes,
and use a small number of colors. Many miscellaneous metal parts and
products surface coating facilities, however, manufacture more than one
product and often use a wide array of colors. Although powder coatings
may be somewhat more durable than conventional liquid coatings,
specialty finishes such as antique and crackle, as well as the palette
of designer colors offered by some manufacturers, may not be adequately
duplicated by powder coatings. Consequently, while powder coating is a
proven technology that can be used in many situations, it is not
universally applicable in the miscellaneous metal parts and products
industry and was, therefore, rejected as a beyond-the-floor option for
existing or new sources.
Lower organic HAP liquid coatings fall into two primary categories.
The
[[Page 52793]]
most common category is coatings formulated with solvents that are not
organic HAP (but may be VOC). The second category is those coatings
that result from alternate technologies such as ultraviolet (UV)-
curable coatings and electron beam (EB)-curable coatings. These
coatings do not employ organic HAP or VOC to keep the pigment and other
components of the coating in solution until curing. Therefore, organic
HAP emissions are very small.
These lower organic HAP coatings are currently in production use in
some industries, but their applicability in many other industries is
limited. Given the limited applicability of UV-curable and EB-curable
coatings, we do not believe it is feasible to require the use of these
coatings and rejected them as a beyond-the-floor option for existing or
new sources.
It is technically feasible to reduce emissions from affected
sources by at least 95 percent through the use of capture systems and
add-on control devices. However, the estimated cost of a permanent
total enclosure and a control device, such as an oxidizer, for
facilities in this source category could be as much as $1 million.
Without having information on the benefits that would be achieved
by further reducing emissions beyond-the-floor, we determined that the
additional emissions reductions that could be achieved do not warrant
the costs that each existing and new source could incur by using add-on
controls. Therefore, we are not requiring beyond-the-floor levels of
emissions reductions at this time. After implementation of these
standards, we will evaluate the health and environmental risks that may
be posed as a result of exposure to emissions from the miscellaneous
metal parts and products surface coating source category. At that time,
we will determine whether the additional costs are warranted, in light
of the available risk information.
For existing sources, we based the proposed standards on the
existing source MACT floor. As described earlier, we determined that
beyond-the-floor options were either not technically feasible or
economically justified for all existing sources. For the same reasons,
we based the proposed standards for new sources on the new source MACT
floor.
The MACT levels of control for new and existing sources can be
achieved in several different ways. Many sources would be able to use
lower-HAP coatings, although they may not be available to meet the
needs of every source. If a source is also using cleaning materials
that contain organic HAP, then it may be able to switch to lower-HAP or
non-HAP cleaning materials, which are widely available, to reduce the
sourcewide organic HAP emissions rate to the MACT level. Other
available options are the use of powder coatings or capture systems and
add-on control devices to reduce emissions.
We note here that our assumption that 100 percent of the organic
HAP in the materials used are emitted by the affected source would not
apply when the source sends waste organic HAP-containing materials to a
facility for treatment or disposal. We made that assumption because the
industry survey responses provided little information as to the amount
of organic HAP recovered and recycled or treated and disposed. We,
therefore, concluded that this practice may not be common within the
industry. We recognize, however, that some facilities may conduct such
activities and should be allowed to account for such activities in
determining their emissions. Thus, the proposed rule allows you to
reduce the organic HAP emissions by the amount of any organic HAP
contained in waste treated or disposed at a hazardous waste treatment,
storage, and disposal facility that is regulated under 40 CFR part 262,
264, 265, or 266.
Because it is expected that some facilities in the general use
subcategory may use both general use and high performance coating
types, an equation was developed in the proposed NESHAP that allows a
facility-specific emission limit to be calculated based on the relative
amounts of each of the coating types used. The emission limit for each
facility is a weighted average calculated using the MACT limit and the
percentage of solids for each coating type. For example, if an existing
facility applies 10,000 gal of solids of general use coatings and 5,000
gal of solids of high performance coatings, the facility's emission
limit would be calculated as follows:
Limit =
[GRAPHIC] [TIFF OMITTED] TP13AU02.000
For facilities that use only general use or only high performance
coatings, the MACT floor emission limit for the entire affected
facility is the value specified for that coating type.
E. How Did We Select the Format of the Proposed Standards?
Numerical emission standards are required by section 112(h) of the
CAA unless we can justify that it is not feasible to prescribe or
enforce an emission standard, in which case a design, equipment, work
practice, or operational standard can be set.
We selected the format of the standards to be mass of organic HAP
per volume of coating solids. The performance-based nature of this
proposed format would allow the owners and operators of miscellaneous
metal parts and products coating operations flexibility in choosing any
combination of means to comply with the emission limits. Options for
complying with the standards include coating reformulation, use of
lower-HAP or non-HAP materials, solvent elimination, work practices,
and add-on control devices.
We selected volume of coating solids as a component of the proposed
standards to normalize the rate of organic HAP emissions across all
sizes and types of facilities. We selected the volume of coating solids
used because it is directly related to the surface area coated (i.e.,
the average dry film thickness of coatings on most miscellaneous metal
parts and products is generally consistent) and, therefore, provides an
equitable basis for all coatings, regardless of differences in coating
densities.
Other choices for the format of the proposed standards that we
considered, but rejected, included a usage limit (mass per unit time)
and a never-to-be-exceeded limit on the organic HAP content of
coatings, solvents, or cleaning materials. As it is not our intent to
limit a facility's production under the proposed standards, we rejected
a usage limit. We also rejected a never-to-be-exceeded limit as the
proposed standards allow averaging of HAP emissions from the materials
used during the compliance period.
F. How Did We Select the Testing and Initial Compliance Requirements?
The proposed standards would allow you to choose among several
methods to demonstrate compliance with the
[[Page 52794]]
proposed standards for organic HAP: Coatings with low- or no-organic-
HAP; an overall organic HAP emission rate from all coatings, thinners,
and cleaning materials that is less than the applicable emission limit;
or capture systems and control devices.
Coatings With Low- or No-Organic-HAP
You would be required to document the organic HAP content of all
coatings and show that each is less than the applicable emission limit.
You would also have to show that each thinner and each cleaning
material used contains no organic HAP. Method 311 of 40 CFR part 63,
appendix A, is the method developed by EPA for determining the mass
fraction of organic HAP in coatings and has been used in previous
surface coating NESHAP. We have not identified any other methods that
provide advantages over Method 311 for use in the proposed standards.
Method 24 of 40 CFR part 60, appendix A, is the method developed by
EPA for determining the mass fraction of volatile matter for coatings
and can be used if you choose to determine the nonaqueous volatile
matter content as a surrogate for organic HAP. In past standards, VOC
emission control measures have been implemented in coating industries
with Method 24 as the compliance method. We have not identified any
other methods that provide advantages over Method 24 for use in the
proposed standards.
The proposed requirements for determining volume fraction of
coating solids would allow you to choose between obtaining the
information for each coating from the supplier (or manufacturer) or
measuring the volume with either ASTM Method D2697-86 (1998) or ASTM
Method D6093-97.
Overall Organic HAP Emission Rate
To demonstrate initial compliance using this option, you would
calculate the organic HAP emission rate for one or more coating
operations in the affected source based on the mass of organic HAP in
all coatings, thinners, and cleaners and the volume of coating solids
used during the compliance period and demonstrate that it does not
exceed the applicable emission limit. You would determine these values
using the methods discussed previously.
Capture Systems and Control Devices
If you use a capture system and control device other than a solvent
recovery device for which you conduct a liquid-liquid material balance,
you would be required to conduct an initial performance test of the
system to determine its overall control efficiency. For a solvent
recovery system for which you conduct a liquid-liquid material balance,
you would determine the quantity of volatile matter applied and the
quantity recovered during the initial compliance period to determine
its overall control efficiency. For both cases, the overall control
efficiency would be combined with the mass of organic HAP in the
coatings and other materials used to calculate the compliance period
HAP emission rate in kilograms (kg) HAP/liter of coating solids. If you
conduct a performance test, you would also determine parameter
operating limits during the test. The test methods that the proposed
standards would require for the performance test have been required
under many standards of performance for industrial surface coating
sources under 40 CFR part 60 and NESHAP under 40 CFR part 63. We have
not identified any other methods that provide advantages over these
methods.
G. How Did We Select the Continuous Compliance Requirements?
To ensure continuous compliance with the proposed organic HAP
emission limits and/or operating limits, the proposed standards would
require continuous parameter monitoring of capture systems and control
devices and recordkeeping. We selected the following requirements based
on reasonable cost, ease of execution, and usefulness of the resulting
data to both the owners or operators and EPA for ensuring continuous
compliance with the emission limits and/or operating limits.
We are proposing that certain parameters be continuously monitored
for the types of capture systems and control devices commonly used in
the industry. These monitoring parameters have been used in other
standards for similar industries. The values of these parameters that
correspond to compliance with the proposed emission limits are
established during the initial or most recent performance test that
demonstrates compliance. These values are your operating limits for the
capture system and control device.
You would be required to determine 3-hour average values for most
monitored parameters for the affected source. We selected this
averaging period to reflect operating conditions during the performance
test to ensure the control system is continuously operating at the same
or better control level as during a performance test demonstrating
compliance with the emission limits.
To demonstrate continuous compliance with the applicable emission
limitations, you would also need records of the quantity of coatings
and other materials used and the data and calculations supporting your
determination of their organic HAP content. If you conduct liquid-
liquid material balances, you would need records of the quantity of
volatile matter used and the quantity recovered by the solvent recovery
system during each compliance period.
H. How Did We Select the Notification, Recordkeeping, and Reporting
Requirements?
You would be required to comply with the applicable requirements in
the NESHAP General Provisions, subpart A of 40 CFR part 63, as
described in Table 2 of the proposed subpart MMMM. We evaluated the
General Provisions requirements and included those we determined to be
the minimum notification, recordkeeping, and reporting necessary to
ensure compliance with, and effective enforcement of, the proposed
standards.
I. How Did We Select the Compliance Date?
You would be allowed 3 years to comply with the final standards for
existing affected sources. This is the maximum period allowed by the
CAA. We believe that 3 years for compliance is necessary to allow
adequate time to accommodate the variety of compliance methods that
existing sources may use. Most sources in this category would need this
3-year maximum amount of time to develop and test reformulated
coatings, particularly those that may opt to comply using a different
lower-emitting coating technology. We want to encourage the use of
these pollution prevention technologies. In addition, time would be
needed to establish records management systems required for enforcement
purposes. Some sources may need the time to purchase and install
emission capture and control systems. In such cases, you would need to
obtain a permit for the use of add-on controls, which will require time
for approval from the permitting authority.
The CAA requires that new or reconstructed affected sources comply
with standards immediately upon startup or the effective date of the
final rule, whichever is later.
IV. Summary of Environmental, Energy, and Economic Impacts
Model plants were developed to aid in the estimation of the impacts
the proposed standards would have on miscellaneous metal parts and
products surface coating operations. Five model plants distinguished by
size, as
[[Page 52795]]
measured by the total volume of coating solids used, were developed.
Impacts were then developed for each model plant, and these individual
impacts were scaled to nationwide levels based on the number of
facilities corresponding to each model plant size. We used the model
plant approach because we did not have adequate data to estimate
impacts for each actual facility.
A variety of compliance methods are available to the industry to
meet the proposed emission limits. We analyzed the information obtained
from the industry survey responses, industry site visits, trade groups,
and industry representatives to determine which compliance methods
would most likely be used by existing and new sources. We expect that
the most widely-used method for existing sources would be low-HAP
content liquid coatings (coatings with HAP contents at or below the
emission limits). Powder coatings, no-HAP cleaning materials, and add-
on capture and control systems would likely be used by existing
sources, but to a lesser extent. Various combinations of these methods
may be used. New sources are expected to use a combination of powder
coatings, low-HAP coatings, and no-HAP cleaning materials.
For the purpose of assessing impacts, we assumed that all existing
sources would convert to liquid coatings and thinners with lower-HAP
content than presently used and no-HAP cleaning materials. We assumed
that new sources would use either powder coatings or lower-HAP coatings
and no-HAP cleaning materials.
We first estimated the impacts of the proposed emission limits on
the five model plants. To scale up the model plant impacts to
nationwide levels, we multiplied the individual model plant impacts by
the estimated number of major sources in the United States
corresponding to each plant size. We estimated that there are 1,500
existing major source facilities nationwide, and that an additional 45
new facilities would become affected sources each year.
A. What Are the Air Impacts?
For existing major sources, we estimated that compliance with the
proposed emission limits would result in reductions of nationwide
organic HAP emissions of 25,822 tpy. This represents a reduction of
about 48 percent from the baseline organic HAP emissions of 53,869 tpy.
For the purpose of estimating the impacts of the proposed standards
on new sources, we estimated the percentage of new facilities that
would, in the absence of the standards, emit HAP at levels that would
exceed the proposed standards. For new sources, we believe that many
will use coating technologies that are considered to be ``state-of-the-
art'' coatings (e.g., powder coatings and low-HAP liquid coatings).
However, we assumed for the impacts estimation that the same percentage
of both new and existing facilities would be noncomplying at baseline
conditions. The baseline emission rate for these noncomplying
facilities was assumed to be the same as that determined for the
existing source model plants. Using these assumptions, we have
estimated the nationwide HAP reductions resulting from new facilities
complying with the proposed standards would be about 803 tpy from the
45 new sources that would become subject to the rule each year.
B. What Are the Cost Impacts?
We have estimated the costs related to complying with the emission
limitations and meeting the monitoring, recordkeeping, and reporting
requirements. The costs to comply with the emission limitations include
the increased cost of reformulated low-HAP coating materials, as well
as any capital expenditures that would be required to facilitate the
use of these materials. Alternatively, facilities could choose to
purchase, install, and operate capture systems and add-on control
devices. We have assumed for this analysis that all affected facilities
will comply through the use of reformulated coatings, thinners, and
cleaning materials, and that these materials can be utilized without
the need for capital expenditures. Annual costs for meeting the
monitoring, recordkeeping, and reporting requirements of the proposed
rule have also been included.
Existing Sources
To comply with the proposed standards, existing facilities will
likely use reformulated coatings, thinners, and cleaning materials.
Compliance costs were estimated to be the incremental cost difference
between the materials currently used and the complying materials.
Estimates of cost impacts were based on five model plants that were
developed to represent the range of sizes and coating materials found
throughout the industry. Each model plant was assumed to comply with
the proposed standards by switching to non-HAP adhesives, surface
preparation materials and cleaning materials and reducing the HAP
content of the coatings and thinners. The annual incremental cost of
the reformulated raw materials ranged from approximately $2,635 for
model plant 1, representing the segment of industry with the lowest
coating solids usage, to $114,540 for model plant 5, representing the
segment of industry that uses over 75,000 gal of coating solids. The
nationwide cost impact was estimated for each industry segment by
multiplying the annual costs for each model plant by the number of
facilities represented by that model plant. A total nationwide cost
impact associated with material usage was estimated by summing the
nationwide costs for each of the five industry segments. In addition,
we included estimates for monitoring, recordkeeping, and reporting
costs for all 1,500 existing affected sources.
We estimate total nationwide annual costs in the fifth year to
comply with the proposed emission limits to be $47.5 million for
existing sources. These costs include approximately $8.9 million for
direct costs associated with material usage and $38.6 million for
recordkeeping and reporting.
New Sources
We estimate the number of new major sources to be 45 per year,
based on an average growth rate of 3 percent per year. Applying the
same assumptions for estimating costs that were used for existing
sources results in an estimate of the fifth year costs for new sources
of about $9.8 million. Of this total, $3.6 million represents the
incremental costs of low-HAP materials, and $6.2 million represents the
costs for recordkeeping and reporting.
C. What Are The Economic Impacts?
We performed an economic impact analysis (EIA) to provide an
estimate of the impacts on facilities, firms, and markets within this
source category. Given the wide diversity of products that will be
affected by the proposed standards, EPA relied upon estimated
compliance costs and publicly available financial data on affected
firms to determine these impacts. In general, we expect the economic
impacts of the proposed standards to be minimal, with little or no
change in market prices or production. Therefore, no adverse impact
will occur for those industries that consume coated metal parts such as
building and construction, transportation equipment and vehicle parts,
and other industrial and consumer products.
Based on the industry survey responses, EPA was able to identify
176 companies that owned 321 potentially affected facilities within
this source category. Of this total, we obtained sales
[[Page 52796]]
data for 147 companies and net income data for 76 companies. For those
companies with sales data, the EIA indicates that these regulatory
costs average less than 0.1 percent of company sales with a range from
zero to 1.25 percent. For those companies with net income data, these
regulatory costs average 0.2 percent of company net income with a range
from zero to 3.6 percent. This analysis indicates that the cost of the
proposed standards should not cause producers to cease or significantly
alter their current operations. Hence, no firms or facilities are
expected to be at risk of closure because of the proposed standards.
For more information, consult the docket for this project.
D. What Are the Non-Air Health, Environmental, and Energy Impacts?
Based on information from the industry survey responses, we found
no indication that the use of low-organic-HAP content coatings,
thinners, and cleaning materials at existing sources would result in
any increase or decrease in non-air health, environmental, and energy
impacts. There would be no change in the utility requirements
associated with the use of these materials, so there would be no change
in the amount of energy consumed as a result of the material
conversion. Also, there would be no significant change in the amount of
materials used or the amount of waste produced.
Because new sources are expected to comply with the proposed
standards through the use of low-HAP coating technologies rather than
add-on control devices, there would be no significant change in energy
usage or waste production.
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that the proposed rule is not a ``significant regulatory
action'' because none of the listed criteria apply to this action.
Consequently, this action was not submitted to OMB for review under
Executive Order 12866.
B. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State
law, unless the Agency consults with State and local officials early in
the process of developing the proposed regulation.
The proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Pursuant to the terms of
Executive Order 13132, it has been determined that the proposed rule
does not have ``federalism implications'' because it does not meet the
necessary criteria. Thus, the requirements of section 6 of the
Executive Order do not apply to the proposed rule. Although Section 6
of Executive Order 13132 does not apply to the proposed rule, EPA did
consult with State and local officials to enable them to provide timely
input in the development of the proposed 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.''
The proposed 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. No
tribal governments own or operate miscellaneous metal parts and
products surface coating facilities. Thus, Executive Order 13175 does
not apply to the proposed 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 the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the
[[Page 52797]]
analysis required under section 5-501 of the Executive Order has the
potential to influence the regulation. The proposed rule is not subject
to Executive Order 13045 because it does not establish environmental
standards based on an assessment of health or safety risks. No
children's risk analysis was performed because no alternative
technologies exist that would provide greater stringency at a
reasonable cost. Furthermore, the proposed rule has been determined not
to be ``economically significant'' as defined under Executive Order
12866.
E. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The proposed rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
F. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under Section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
aggregate, or by the private sector, of $100 million or more in any 1
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of Section 205 do
not apply when they are inconsistent with applicable law. Moreover,
Section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
Section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that the proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
to State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of the
proposed rule for any 1 year has been estimated to be about $57.5
million. Thus, today's proposed rule is not subject to the requirements
of sections 202 and 205 of the UMRA. In addition, EPA has determined
that the proposed rule contains no regulatory requirements that might
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments or impose obligations
upon them. Therefore, today's proposed rule is not subject to the
requirements of Section 203 of the UMRA.
G. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601, et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business
according to Small Business Administration (SBA) size standards ranging
from 100-1,000 employees or less than $5 million in annual sales; (2) a
small governmental jurisdiction that is a government of a city, town,
county, school district, or special district with a population of less
than 50,000; and (3) a small organization that is any not-for-profit
enterprise which is independently owned and operated and is not
dominant in its field. It should be noted that companies affected by
this proposed rule, and the small business definition applied to each
industry by NAICS code is that listed in the Small Business
Administration size standards (13 CFR part 121).
For purposes of assessing the impacts of today's proposed rule on
small entities, EPA conducted an assessment of the proposed standards
on small businesses within the miscellaneous metal parts source
category. Based on SBA size definitions and reported sales and
employment data, EPA's survey identified 29 of the 147 companies owning
major source facilities as small businesses. The average (median) total
annual compliance cost is projected to be $59,000 ($36,000) per small
company. Under the proposed standards, the average (median) annual
compliance cost share of sales for small businesses was only 0.25
(0.04) percent with a range of zero to 1.25 percent. After considering
the economic impact of today's proposed rule on small entities, EPA
certifies that this action will not have a significant economic impact
on a substantial number of small entities.
Although the proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA has nonetheless
worked aggressively to minimize the impact of the proposed rule on
small entities, consistent with our obligations under the CAA. We
solicited input from small entities during the data-gathering phase of
the proposed rulemaking. We are proposing compliance options which give
small entities flexibility in choosing the most cost-effective and
least burdensome alternative for their operation. For example, a
facility could purchase and use low-or no-HAP coatings, thinners, and
cleaning materials (i.e., pollution prevention) that meet the proposed
standards rather than being required to purchase add-on control
systems. The low-or no-HAP option can be demonstrated with minimum
burden by using already-maintained purchase and usage records. No
testing of materials would be required as the facility owner could show
that their coatings meet the emission limits by providing formulation
data supplied by the manufacturer.
We are also proposing one option that allows compliance
demonstrations to be conducted on a rolling 12-month basis, meaning
that the facility would each month calculate a 12-month organic HAP
emission rate for the previous 12 months to determine compliance. This
will give affected small entities extra flexibility in complying with
the emission limits since small entities are more likely to use lower
monthly volumes and/or a limited number of materials.
Furthermore, we are proposing the minimum monitoring,
recordkeeping,
[[Page 52798]]
and reporting requirements needed for enforcement and compliance
assurance.
We continue to be interested in the potential impacts of the
proposed standards on small entities and welcome comments on issues
related to such impacts. For more information, consult the docket for
this rulemaking.
H. Paperwork Reduction Act
The information collection requirements in the proposed rule has
been submitted for approval to OMB under the Paperwork Reduction Act,
44 U.S.C. 3501, et seq. An Information Collection Request (ICR)
document has been prepared by EPA (ICR No. 2056.01) and a copy may be
obtained from Sandy Farmer by mail at the Collection Strategies
Division (2822), U.S. EPA, 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 collection requirements are not effective until OMB
approves them. The information collection requirements are based on
notification, recordkeeping, and reporting requirements in the NESHAP
General Provisions (40 CFR part 63, subpart A), which are mandatory for
all operators subject to national emission standards. These
recordkeeping and reporting requirements are specifically authorized by
section 114 of the CAA (42 U.S.C. 7414). All information submitted to
EPA pursuant to the recordkeeping and reporting requirements for which
a claim of confidentiality is made is safeguarded according to Agency
policies set forth in 40 CFR part 2, subpart B.
The proposed standards would require maintaining records of all
coatings, thinners, and cleaning materials data and calculations used
to determine compliance. This information includes the volume used
during each 12-month compliance period, mass fraction of organic HAP,
density, and, for coatings only, volume fraction of coating solids.
If an add-on control device is used, records must be kept of the
capture efficiency of the capture system, destruction or removal
efficiency of the add-on control device, and the monitored operating
parameters. In addition, records must be kept of each calculation of
the affected sourcewide emissions for each 12-month compliance period
and all data, calculations, test results, and other supporting
information used to determine this value.
The monitoring, recordkeeping, and reporting burden in the 5th year
after the effective date of the promulgated rule is estimated to be
824,343 labor hours at a cost of $44.76 million for new and existing
sources.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Comments are requested on the EPA's need for this information, the
accuracy of the provided burden estimates, and any suggested methods
for minimizing respondent burden, including through the use of
automated collection techniques. By U.S. Postal Service, send comments
on the ICR to the Director, Collection Strategies Division (2822), U.S.
EPA, 1200 Pennsylvania Ave., NW, Washington, DC 20460; or by courier,
send comments on the ICR to the Director, Collection Strategies
Division, U.S. EPA (2822), 401 M Street, SW, Room 925H, West Tower,
Washington, DC 20460; and to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th St., NW, Washington,
DC 20503, marked ``Attention: Desk Officer for EPA.'' Include the ICR
number in any correspondence. Since OMB is required to make a decision
concerning the ICR between 30 and 60 days after August 13, 2002, a
comment to OMB is best assured of having its full effect if OMB
receives it by September 12, 2002. The final rule will respond to any
OMB or public comments on the information collection requirements
contained in the proposal.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Pub. L. No. 104-113, Sec. 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards (VCS) in its
regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. The VCS are
technical standards (e.g., material specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when EPA does not use available and
applicable VCS.
The proposed rule involves technical standards. The EPA proposes to
use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 24, 25,
25A, 204, 204A-F, and 311. Consistent with the NTTAA, we conducted
searches to identify VCS in addition to these EPA methods. No
applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204,
and 204A-F. The search and review results have been documented and are
available in the docket of the proposed rule.
Two VCS were identified for determining the volume solids content
of coatings, and we propose to use them in the rule. The standards are
ASTM D2697-86 (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. The proposed rule does
allow for the use of the 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.
Six VCS: ASTM D1475-98, ASTM D2369-98, ASTM D3792-99, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 1991), and ASTM D5403-93, are already
incorporated by reference (IBR) in EPA Method 24. In addition, we are
separately specifying the use of ASTM D1475-98 for measuring the
density of individual coating components, such as organic solvents.
Five VCS: ASTM D1979-97, ASTM D3432-89, ASTM D4747-87, ASTM D4827-
93, and ASTM PS 9-94 are IBR in EPA Method 311.
In addition to the VCS we propose to use in the rule, the search
for emissions measurement procedures identified 14 other VCS. We
determined that 11 of these 14 standards identified for measuring
emissions of the HAP or
[[Page 52799]]
surrogate subject to emission standards in the proposed rule were
impractical alternatives to EPA test methods for the purposes of the
proposed rule. Therefore, the EPA does not intend to adopt these
standards. (See docket A-97-34 for further information on the methods.)
Three of the 14 VCS identified in this search were not available at
the time the review was conducted for the purposes of the proposed 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/DIS 12039, ``Stationary Source Emissions--Determination of Carbon
Monoxide, Carbon Dioxide, and Oxygen--Automated Methods,'' for EPA
Method 3A. While we are not including these three VCS in today's
proposal, EPA will consider the standards when final.
The EPA takes comment on the compliance demonstration requirements
in the proposed rule and specifically invites the public to identify
potentially-applicable VCS. Commenters should also explain why the
proposed rule should adopt these VCS in lieu of or in addition to EPA's
standards. Emission test methods and performance specifications
submitted for evaluation should be accompanied with a basis for the
recommendation, including method validation data and the procedure used
to validate the candidate method (if a method other than Method 301, 40
CFR part 63, appendix A, was used).
Sections 63.3941, 63.3965, 63.3966, and Table 2 to subpart MMMM of
the proposed standards list EPA testing methods included in the
proposed rule. Under the NESHAP General Provisions, 40 CFR 63.8,
subpart A, a source may apply to EPA for permission to use alternative
monitoring in place of any EPA testing methods.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: June 5, 2002.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 63 is amended by adding subpart MMMM to read as follows:
Subpart MMMM--National Emission Standards for Hazardous Air Pollutants:
Surface Coating of Miscellaneous Metal Parts and Products
What this Subpart Covers
Sec.
63.3880 What is the purpose of this subpart?
63.3881 Am I subject to this subpart?
63.3882 What parts of my plant does this subpart cover?
63.3883 When do I have to comply with this subpart?
Emission Limitations
63.3890 What emission limits must I meet?
63.3891 What are my options for meeting the emission limits?
63.3892 What operating limits must I meet?
63.3893 What work practice standards must I meet?
General Compliance Requirements
63.3900 What are my general requirements for complying with this
subpart?
63.3901 What parts of the General Provisions apply to me?
Notifications, Reports, and Records
63.3910 What notifications must I submit?
63.3920 What reports must I submit?
63.3930 What records must I keep?
63.3931 In what form and for how long must I keep my records?
Compliance Requirements for the Compliant Material Option
63.3940 By what date must I conduct the initial compliance
demonstration?
63.3941 How do I demonstrate initial compliance with the emission
limitations?
63.3942 How do I demonstrate continuous compliance with the
emission limitations?
Compliance Requirements for the Emission Rate Without Add-On Controls
Option
63.3950 By what date must I conduct the initial compliance
demonstration?
63.3951 How do I demonstrate initial compliance with the emission
limitations?
63.3952 How do I demonstrate continuous compliance with the
emission limitations?
Compliance Requirements for the Emission Rate With Add-On Controls
Option
63.3960 By what date must I conduct performance tests and other
initial compliance demonstrations?
63.3961 How do I demonstrate initial compliance?
63.3962 [Reserved]
63.3963 How do I demonstrate continuous compliance with the
emission limitations?
63.3964 What are the general requirements for performance tests?
63.3965 How do I determine the emission capture system efficiency?
63.3966 How do I determine the add-on control device emission
destruction or removal efficiency?
63.3967 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
63.3968 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?
Other Requirements and Information
63.3980 Who implements and enforces this subpart?
63.3981 What definitions apply to this subpart?
Table 1 to Subpart MMMM of Part 63.Operating Limits if Using the
Emission Rate with Add-on Controls Option
Table 2 to Subpart MMMM of Part 63. Applicability of General
Provisions to Subpart MMMM
Table 3 to Subpart MMMM of Part 63. Default Organic HAP Mass
Fraction for Solvents and Solvent Blends
Table 4 to Subpart MMMM of Part 63. Default Organic HAP Mass
Fraction for Petroleum Solvent Groups
What This Subpart Covers
Sec. 63.3880 What is the purpose of this subpart?
This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for miscellaneous metal parts and products
surface coating facilities. This subpart also establishes requirements
to demonstrate initial and continuous compliance with the emission
limitations.
Sec. 63.3881 Am I subject to this subpart?
(a) Except as provided in paragraph (c) of this section, the source
category to which this subpart applies is the surface coating of
miscellaneous metal parts and products, and it includes the
subcategories listed in paragraphs (a)(1) through (3) of this section.
Surface coating is the application of coatings to a substrate using,
for example, spray guns or dip tanks. Miscellaneous metal parts and
products include, but are not limited to, metal components of the
following types of products: automotive parts and accessories, bicycles
and sporting goods, recreational vehicles, extruded aluminum structural
components, railroad cars, heavy duty trucks, medical equipment, lawn
and garden equipment, electronic equipment, magnet wire, steel drums,
industrial machinery, and numerous
[[Page 52800]]
other industrial and consumer products. The source category also
includes the surface coating of the plastic contained in parts and
products that are pre-assembled from plastic and metal components,
where greater than 50 percent of the coatings (by volume, determined on
a rolling 12-month basis) are applied to the metal surface, and where
the surface coating of the metal surface is subject to this subpart. If
your source is subject to this subpart and you can demonstrate that
more than 50 percent of your coatings are applied to metal surfaces,
then compliance with this subpart constitutes compliance with the
NESHAP for plastic parts and products surface coating.\1\ You must
maintain records (such as coating usage or surface area) to document
that more than 50 percent of the coatings are applied to metal
surfaces.
---------------------------------------------------------------------------
\1\ Currently under development.
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(1) The general use subcategory includes all surface coating
operations in the miscellaneous metal parts and products source
category that are not included in the magnet, wire, or rubber to metal
subcategories.
(2) The magnet wire subcategory includes surface coating operations
that are performed using coatings that meet the definition of magnet
wire coatings in Sec. 63.3981.
(3) The rubber to metal subcategory includes surface coating
operations that are performed using coatings that meet the definition
of rubber to metal coatings in Sec. 63.3981.
(b) You are subject to this subpart if you own or operate a new,
reconstructed, or existing affected source, as defined in Sec. 63.3882,
that uses 946 liters (250 gallons) per year, or more, of coatings in
the source category defined in paragraph (a) of this section and that
is a major source, is located at a major source, or is part of a major
source of emissions of hazardous air pollutants (HAP). A major source
of HAP emissions is any stationary source or group of stationary
sources located within a contiguous area and under common control that
emits or has the potential to emit any single HAP at a rate of 9.07
megagrams (Mg) (10 tons) or more per year or any combination of HAP at
a rate of 22.68 Mg (25 tons) or more per year.
(c) This subpart does not apply to surface coating that meets the
criteria of paragraphs (c)(1) through (5) of this section.
(1) Surface coating conducted at a source that uses only coatings,
thinners, and cleaning materials that contain no organic HAP, as
determined according to Sec. 63.3941(a).
(2) Surface coating subject to any other NESHAP in this part as of
[DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register].
(3) Surface coating that occurs at research or laboratory
facilities, that is part of janitorial, building, and facility
maintenance operations, or that occurs at hobby shops operated for
noncommercial purposes.
(4) For the purpose of this subpart, the extrusion of a plastic
covering onto metal wire or cable is not considered to be a surface
coating operation.
(5) The provisions of this subpart do not apply to coatings used in
volumes of less than 189 liters (50 gallons) per year, provided that
the total volume of coatings exempt under this paragraph (c)(5) does
not exceed 946 liters (250 gallons) per year at the facility.
(d) If you own or operate an affected source that is subject to
this subpart and at the same affected source you also perform surface
coating subject to any other NESHAP in this part, you may choose to be
subject to the requirements of the more stringent of the subparts for
the entire surface coating facility. If you choose to be subject to the
requirements of another subpart and demonstrate that, by doing so, your
facilitywide HAP emissions in kilograms (kg) per year (tons per year
(tpy)) from surface coating operations will be less than or equal to
the emissions achieved by complying separately with all applicable
subparts, compliance with the more stringent NESHAP will constitute
compliance with this subpart.
Sec. 63.3882 What parts of my plant does this subpart cover?
(a) This subpart applies to each new, reconstructed, and existing
affected source within each of the three subcategories listed in
Sec. 63.3881(a).
(b) The affected source is the collection of all of the items
listed in paragraphs (b)(1) through (4) of this section that are used
for surface coating of miscellaneous metal parts and products within
each subcategory.
(1) All coating operations as defined in Sec. 63.3981;
(2) All storage containers and mixing vessels in which coatings,
thinners, and cleaning materials are stored or mixed;
(3) All manual and automated equipment and containers used for
conveying coatings, thinners, and cleaning materials; and
(4) All storage containers and all manual and automated equipment
and containers used for conveying waste materials generated by a
coating operation.
(c) An affected source is a new affected source if you commenced
its construction after August 13, 2002, and the construction is of a
completely new miscellaneous metal parts and products surface coating
facility where previously no miscellaneous metal parts and products
surface coating facility had existed.
(d) An affected source is reconstructed if you meet the criteria as
defined in Sec. 63.2.
(e) An affected source is existing if it is not new or
reconstructed.
Sec. 63.3883 When do I have to comply with this subpart?
The date by which you must comply with this subpart is called the
compliance date. The compliance date for each type of affected source
is specified in paragraphs (a) through (c) of this section. The
compliance date begins the initial compliance period during which you
conduct the initial compliance demonstration described in
Secs. 63.3940, 63.3950, and 63.3960.
(a) For a new or reconstructed affected source, the compliance date
is the applicable date in paragraph (a)(1) or (2) of this section.
(1) If the initial startup of your new or reconstructed affected
source is before [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], the compliance date is [DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER].
(2) If the initial startup of your new or reconstructed affected
source occurs after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], the compliance date is the date of initial startup of your
affected source.
(b) For an existing affected source, the compliance date is the
date 3 years after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER].
(c) For an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP emissions,
the compliance date is specified in paragraphs (c)(1) and (2) of this
section.
(1) For any portion of the source that becomes a new or
reconstructed affected source subject to this subpart, the compliance
date is the date of initial startup of the affected source or [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later.
(2) For any portion of the source that becomes an existing affected
source subject to this subpart, the compliance date is the date 1 year
after the area source becomes a major source or 3 years after [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later.
[[Page 52801]]
(d) You must meet the notification requirements in Sec. 63.3910
according to the dates specified in that section and in subpart A of
this part. Some of the notifications must be submitted before the
compliance dates described in paragraphs (a) through (c) of this
section.
Emission Limitations
Sec. 63.3890 What emission limits must I meet?
(a) For a new or reconstructed affected source, you must limit
organic HAP emissions to the atmosphere from the affected source to the
applicable limit specified in paragraphs (a)(1) through (4) of this
section, determined according to the requirements in Sec. 63.3941,
Sec. 63.3951, or Sec. 63.3961.
(1) For a new or reconstructed general use affected source, you
must limit organic HAP emissions to the atmosphere from the affected
source to the HAP limit specified by Equation 1 of this section during
each 12-month compliance period.
[GRAPHIC] [TIFF OMITTED] TP13AU02.001
Where:
HAP limit = total allowable organic HAP that can be emitted to the
atmosphere from the miscellaneous metal parts and products surface
coating operations, in kg organic HAP per liter of coating solids used
during the 12-month compliance period.
0.23 = HAP emission limit for general use coatings, kg HAP/liter
coating solids (1.94 pounds (lbs) HAP/gal coating solids).
GU = volume of general use coating solids used during the 12-month
compliance period, liters.
3.30 = HAP emission limit for high performance coatings, kg HAP/liter
coating solids (27.54 lbs HAP/gal coating solids).
HP = volume of high performance coating solids used during the 12-month
compliance period, liters.
(2) If you use only one of the coating types (general use or high
performance), then you must limit organic HAP emissions to the
atmosphere to no more than the HAP emission limit specified for that
coating type in the definition of terms used in Equation 1 of this
section.
(3) For each new or reconstructed magnet wire affected source,
limit organic HAP emissions to no more than 0.05 kg HAP/liter coating
solids (0.44 pound (lb) HAP/gallon (gal) coating solids) used during
each 12-month compliance period.
(4) For each new or reconstructed rubber to metal affected source,
limit organic HAP emissions to no more than 0.82 kg HAP/liter coating
solids (6.80 lb HAP/gal coating solids) used during each 12-month
compliance period.
(b) For an existing affected source, you must limit organic HAP
emissions to the atmosphere from the affected source to the applicable
limit specified in paragraphs (b)(1) through (4) of this section,
determined according to the requirements in Sec. 63.3941, Sec. 63.3951,
or Sec. 63.3961.
(1) For each existing general use affected source, you must limit
organic HAP emissions to the atmosphere from the affected source to the
HAP limit specified by Equation 2 of this section during each 12-month
compliance period.
[GRAPHIC] [TIFF OMITTED] TP13AU02.002
Where:
HAP limit = total allowable organic HAP that can be emitted to the
atmosphere from the miscellaneous metal parts and products surface
coating operations, in kg organic HAP per liter of coating solids used
during the 12-month compliance period.
0.31 = HAP emission limit for general use coatings, kg HAP/liter
coating solids (2.60 lbs HAP/gal coating solids).
GU = volume of general use coating solids used during the 12-month
compliance period, liters.
3.30 = HAP emission limit for high performance coatings, kg HAP/liter
coating solids (27.54 lbs HAP/gal coating solids).
HP = volume of high performance coating solids used during the 12-month
compliance period, liters.
(2) If you use only one of the coating types, then you must limit
organic HAP emissions to the atmosphere to no more than the HAP
emission limit specified for that coating type in the definition of
terms used in Equation 2 of this section.
(3) For each existing magnet wire affected source, limit organic
HAP emissions to no more than 0.12 kg HAP/liter coating solids (1.00 lb
HAP/gal coating solids) used during each 12-month compliance period.
(4) For each existing rubber to metal affected source, limit
organic HAP emissions to no more than 4.50 kg HAP/liter coating solids
(37.70 lbs HAP/gal coating solids) used during each 12-month compliance
period.
Sec. 63.3891 What are my options for meeting the emission limits?
You must include all coatings, thinners, and cleaning materials
used in the affected source when determining whether the organic HAP
emission rate is equal to or less than the applicable emission limit in
Sec. 63.3890. To make this determination, you must use at least one of
the three compliance options listed in paragraphs (a) through (c) of
this section. You may apply any of the compliance options to an
individual coating operation, or to multiple coating operations as a
group, or to the entire affected source. You may use different
compliance options for different coating operations, or at different
times on the same coating operation. However, you may not use different
compliance options at the same time on the same coating operation. If
you switch between compliance options for any coating operation or
group of coating operations, you must document this switch as required
by Sec. 63.3930(c), and you must report it in the next semiannual
compliance report required in Sec. 63.3920.
(a) Compliant material option. Demonstrate that the organic HAP
content of each coating used in the coating operation(s) is less than
or equal to the applicable emission limit in Sec. 63.3890, and that
each thinner and each cleaning material used contains no organic HAP.
You must meet all the
[[Page 52802]]
requirements of Secs. 63.3940, 63.3941, and 63.3942 to demonstrate
compliance with the applicable emission limit using this option.
(b) Emission rate without add-on controls option. Demonstrate that,
based on the coatings, thinners, and cleaning materials used in the
coating operation(s), the organic HAP emission rate for the coating
operation(s) is less than or equal to the applicable emission limit in
Sec. 63.3890, calculated as a rolling 12-month emission rate and
determined on a monthly basis. You must meet all the requirements of
Secs. 63.3950, 63.3951, and 63.3952 to demonstrate compliance with the
emission limit using this option.
(c) Emission rate with add-on controls option. Demonstrate that,
based on the coatings, thinners, and cleaning materials used in the
coating operation(s), and the emissions reductions achieved by emission
capture systems and add-on controls, the organic HAP emission rate for
the coating operation(s) is less than or equal to the applicable
emission limit in Sec. 63.3890, calculated as a rolling 12-month
emission rate and determined on a monthly basis. If you choose to use
this option, you must also demonstrate that all emission capture
systems and add-on control devices for the coating operation(s) meet
the operating limits required in Sec. 63.3892, except for solvent
recovery systems for which you conduct liquid-liquid material balances
according to Sec. 63.3961(j); and that you meet the work practice
standards required in Sec. 63.3893. You must meet all the requirements
of Secs. 63.3960 through 63.3968 to demonstrate compliance with the
emission limits, operating limits, and work practice standards using
this option.
Sec. 63.3892 What operating limits must I meet?
(a) For any coating operation(s) on which you use the compliant
material option or the emission rate without add-on controls option,
you are not required to meet any operating limits.
(b) For any controlled coating operation(s) on which you use the
emission rate with add-on controls option, except those for which you
use a solvent recovery system and conduct a liquid-liquid material
balance according to Sec. 63.3961(j), you must meet the operating
limits specified in Table 1 to this subpart. These operating limits
apply to the emission capture and control systems on the coating
operation(s) for which you use this option, and you must establish the
operating limits during the performance test according to the
requirements in Sec. 63.3967. You must meet the operating limits at all
times after you establish them.
(c) If you use an add-on control device other than those listed in
Table 1 to this subpart, or wish to monitor an alternative parameter
and comply with a different operating limit, you must apply to the
Administrator for approval of alternative monitoring under
Sec. 63.8(f).
Sec. 63.3893 What work practice standards must I meet?
(a) For any coating operation(s) on which you use the compliant
material option or the emission rate without add-on controls option,
you are not required to meet any work practice standards.
(b) If you use the emission rate with add-on controls option, you
must develop and implement a work practice plan to minimize organic HAP
emissions from the storage, mixing, and conveying of coatings,
thinners, and cleaning materials used in, and waste materials generated
by, the controlled coating operation(s) for which you use this option;
or you must meet an alternative standard as provided in paragraph (c)
of this section. The plan must specify practices and procedures to
ensure that, at a minimum, the elements specified in paragraphs (b)(1)
through (5) of this section are implemented.
(1) All organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be stored in closed containers.
(2) Spills of organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be minimized.
(3) Organic-HAP-containing coatings, thinners, cleaning materials,
and waste materials must be conveyed from one location to another in
closed containers or pipes.
(4) Mixing vessels which contain organic-HAP-containing coatings
and other materials must be closed except when adding to, removing, or
mixing the contents.
(5) Emissions of organic HAP must be minimized during cleaning of
storage, mixing, and conveying equipment.
(c) As provided in Sec. 63.6(g), we, the U.S. Environmental
Protection Agency (EPA), may choose to grant you permission to use an
alternative to the work practice standards in this section.
General Compliance Requirements
Sec. 63.3900 What are my general requirements for complying with this
subpart?
(a) You must be in compliance with the emission limitations in this
subpart as specified in paragraphs (a)(1) and (2) of this section.
(1) Any coating operation(s) for which you use the compliant
material option or the emission rate without add-on controls option, as
specified in Sec. 63.3891(a) and (b), must be in compliance with the
applicable emission limit in Sec. 63.3890 at all times.
(2) Any coating operation(s) for which you use the emission rate
with add-on controls option, as specified in Sec. 63.3891(c), must be
in compliance with the emission limitations as specified in paragraphs
(a)(2)(i) through (iii) of this section.
(i) The coating operation(s) must be in compliance with the
applicable emission limit in Sec. 63.3890 at all times except during
periods of startup, shutdown, and malfunction.
(ii) The coating operation(s) must be in compliance with the
operating limits for emission capture systems and add-on control
devices required by Sec. 63.3892 at all times except during periods of
startup, shutdown, and malfunction, and except for solvent recovery
systems for which you conduct liquid-liquid material balances according
to Sec. 63.3961(j).
(iii) The coating operation(s) must be in compliance with the work
practice standards in Sec. 63.3893 at all times.
(b) You must always operate and maintain your affected source,
including all air pollution control and monitoring equipment you use
for purposes of complying with this subpart, according to the
provisions in Sec. 63.6(e)(1)(i).
(c) If your affected source uses an emission capture system and
add-on control device, you must maintain a log detailing the operation
and maintenance of the emission capture system, add-on control device,
and continuous parameter monitors during the period between the
compliance date specified for your affected source in Sec. 63.3883 and
the date when the initial emission capture system and add-on control
device performance tests have been completed, as specified in
Sec. 63.3960. This requirement does not apply to a solvent recovery
system for which you conduct liquid-liquid material balances according
to Sec. 63.3961(j) in lieu of conducting performance tests.
(d) If your affected source uses an emission capture system and
add-on control device, you must develop and implement a written
startup, shutdown, and malfunction plan according to the provisions in
Sec. 63.6(e)(3). The plan must address startup, shutdown, and
corrective actions in the event of a malfunction of the emission
capture system or the add-on control device. The plan must also address
any coating operation equipment that may cause increased emissions or
that would affect
[[Page 52803]]
capture efficiency if the process equipment malfunctions, such as
conveyors that move parts among enclosures.
Sec. 63.3901 What parts of the General Provisions apply to me?
Table 2 to this subpart shows which parts of the General Provisions
in Secs. 63.1 through 63.15 apply to you.
Notifications, Reports, and Records
Sec. 63.3910 What notifications must I submit?
(a) General. You must submit the notifications in Secs. 63.7(b) and
(c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by
the dates specified in those sections, except as provided in paragraphs
(b) and (c) of this section.
(b) Initial notification. You must submit the Initial Notification
required by Sec. 63.9(b) for a new or reconstructed affected source no
later than 120 days after initial startup or 120 days after [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later.
For an existing affected source, you must submit the Initial
Notification no later than 1 year after [DATE OF PUBLICATION OF FINAL
RULE IN THE FEDERAL REGISTER].
(c) Notification of compliance status. You must submit the
Notification of Compliance Status required by Sec. 63.9(h) no later
than 30 calendar days following the end of the initial compliance
period described in Sec. 63.3940, Sec. 63.3950, or Sec. 63.3960 that
applies to your affected source. The Notification of Compliance Status
must contain the information specified in paragraphs (c)(1) through
(10) of this section and in Sec. 63.9(h).
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of the report and beginning and ending dates of the
reporting period. The reporting period is the initial compliance period
described in Sec. 63.3940, Sec. 63.3950, or Sec. 63.3960 that applies
to your affected source.
(4) Identification of the compliance option or options specified in
Sec. 63.3891 that you used on each coating operation in the affected
source during the initial compliance period.
(5) Statement of whether or not the affected source achieved the
emission limitations for the initial compliance period.
(6) If you had a deviation, include the information in paragraphs
(c)(6)(i) and (ii) of this section.
(i) A description of and statement of the cause of the deviation.
(ii) If you failed to meet the applicable emission limit in
Sec. 63.3890, include all the calculations you used to determine the kg
(lbs) organic HAP emitted per liter (gal) of coating solids used. You
do not need to submit information provided by the materials suppliers
or manufacturers or test reports.
(7) For each of the data items listed in paragraphs (c)(7)(i)
through (iv) of this section that is required by the compliance
option(s) you used to demonstrate compliance with the emission limit,
include an example of how you determined the value, including
calculations and supporting data. Supporting data can include a copy of
the information provided by the supplier or manufacturer of the example
coating or material, or a summary of the results of testing conducted
according to Sec. 63.3941(a), (b), or (c). You do not need to submit
copies of any test reports.
(i) Mass fraction of organic HAP for one coating, for one thinner,
and for one cleaning material.
(ii) Volume fraction of coating solids for one coating.
(iii) Density for one coating, one thinner, and one cleaning
material, except that if you use the compliant material option, only
the example coating density is required.
(iv) The amount of waste materials and the mass of organic HAP
contained in the waste materials for which you are claiming an
allowance in Equation 1 of Sec. 63.3951.
(8) The calculation of kg (lb) organic HAP emitted per liter (gal)
coating solids used for the compliance option(s) you used, as specified
in paragraphs (c)(8)(i) through (iii) of this section.
(i) For the compliant material option, provide an example
calculation of the organic HAP content for one coating, using Equation
1 of Sec. 63.3941.
(ii) For the emission rate without add-on controls option, provide
the calculation of the total mass of organic HAP emissions for each
month; the calculation of the total volume of coating solids used each
month; and the calculation of the 12-month organic HAP emission rate,
using Equations 1 and 1A through 1C, 2, and 3, respectively, of
Sec. 63.3951.
(iii) For the emission rate with add-on controls option, provide
the calculation of the total mass of organic HAP emissions for the
coatings, thinners, and cleaning materials used each month, using
Equations 1 and 1A through 1C of Sec. 63.3951; the calculation of the
total volume of coating solids used each month, using Equation 2 of
Sec. 63.3951; the calculation of the mass of organic HAP emission
reduction each month by emission capture systems and add-on control
devices, using Equations 1 and 1A through 1D of Sec. 63.3961 and
Equations 2, 3, and 3A through 3C of Sec. 63.3961 as applicable; the
calculation of the total mass of organic HAP emissions each month,
using Equation 4 of Sec. 63.3961; and the calculation of the 12-month
organic HAP emission rate, using Equation 5 of Sec. 63.3961.
(9) For the emission rate with add-on controls option, you must
include the information specified in paragraphs (c)(9)(i) through (iv)
of this section, except that the requirements in paragraphs (c)(9)(i)
through (iii) of this section do not apply to solvent recovery systems
for which you conduct liquid-liquid material balances according to
Sec. 63.3961(j).
(i) For each emission capture system, a summary of the data and
copies of the calculations supporting the determination that the
emission capture system is a permanent total enclosure (PTE) or a
measurement of the emission capture system efficiency. Include a
description of the protocol followed for measuring capture efficiency,
summaries of any capture efficiency tests conducted, and any
calculations supporting the capture efficiency determination. If you
use the data quality objective (DQO) or lower confidence limit (LCL)
approach, you must also include the statistical calculations to show
you meet the DQO or LCL criteria in appendix A to subpart KK of this
part. You do not need to submit complete test reports.
(ii) A summary of the results of each add-on control device
performance test. You do not need to submit complete test reports.
(iii) A list of each emission capture system's and add-on control
device's operating limits and a summary of the data used to calculate
those limits.
(iv) A statement of whether or not you developed and implemented
the work practice plan required by Sec. 63.3893.
(10) If you have chosen to comply with this subpart by being
subject to the requirements of another subpart, your Notification of
Compliance Status report for this subpart must include a statement
certifying your intent, as well as documentation (and supporting
materials) that doing so will result in an overall HAP emission level
in kg per year (tpy) equal to or less than the emission level that
would result from complying separately with each applicable subpart.
Sec. 63.3920 What reports must I submit?
(a) Semiannual compliance reports. You must submit semiannual
[[Page 52804]]
compliance reports for each affected source according to the
requirements of paragraphs (a)(1) through (7) of this section. The
semiannual compliance reporting requirements may be satisfied by
reports required under other parts of the Clean Air Act (CAA), as
specified in paragraph (a)(2) of this section.
(1) Dates. Unless the Administrator has approved a different
schedule for submission of reports under Sec. 63.10(a), you must
prepare and submit each semiannual compliance report according to the
dates specified in paragraphs (a)(1)(i) through (iv) of this section.
Note that the information reported for each of the months in the
reporting period will be based on the last 12 months of data prior to
the date of each monthly calculation.
(i) The first semiannual compliance report must cover the first
semiannual reporting period which begins the day after the end of the
initial compliance period described in Sec. 63.3940, Sec. 63.3950, or
Sec. 63.3960 that applies to your affected source and ends on June 30
or December 31, whichever occurs first following the end of the initial
compliance period.
(ii) Each subsequent semiannual compliance report must cover the
subsequent semiannual reporting period from January 1 through June 30
or the semiannual reporting period from July 1 through December 31.
(iii) Each semiannual compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(iv) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of according to the date specified in paragraph (a)(1)(iii) of
this section.
(2) Inclusion with title V report. Each affected source that has
obtained a title V operating permit pursuant to 40 CFR part 70 or 40
CFR part 71 must report all deviations as defined in this subpart in
the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A)
or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a
semiannual compliance report pursuant to this section along with, or as
part of, the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual
compliance report includes all required information concerning
deviations from any emission limitation in this subpart, its submission
shall be deemed to satisfy any obligation to report the same deviations
in the semiannual monitoring report. However, submission of a
semiannual compliance report shall not otherwise affect any obligation
the affected source may have to report deviations from permit
requirements to the permitting authority.
(3) General requirements. The semiannual compliance report must
contain the information specified in paragraphs (a)(3)(i) through (v)
of this section, and the information specified in paragraphs (a)(4)
through (7) and (c)(1) of this section that is applicable to your
affected source.
(i) Company name and address.
(ii) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(iii) Date of report and beginning and ending dates of the
reporting period. The reporting period is the 6-month period ending on
June 30 or December 31. Note that the information reported for each of
the 6 months in the reporting period will be based on the last 12
months of data prior to the date of each monthly calculation.
(iv) Identification of the compliance option or options specified
in Sec. 63.3891 that you used on each coating operation during the
reporting period. If you switched between compliance options during the
reporting period, you must report the beginning and ending dates you
used each option.
(v) If you used the emission rate without add-on controls or the
emission rate with add-on controls compliance option (Sec. 63.3891(b)
or (c)), the calculation results for each rolling 12-month organic HAP
emission rate during the 6-month reporting period.
(4) No deviations. If there were no deviations from the emission
limitations in Secs. 63.3890, 63.3892, and 63.3893 that apply to you,
the semiannual compliance report must include a statement that there
were no deviations from the emission limitations during the reporting
period. If you used the emission rate with add-on controls option and
there were no periods during which the continuous parameter monitoring
systems (CPMS) were out-of-control as specified in Sec. 63.8(c)(7), the
semiannual compliance report must include a statement that there were
no periods during which the CPMS were out-of-control during the
reporting period.
(5) Deviations: compliant material option. If you used the
compliant material option, and there was a deviation from the
applicable emission limits in Sec. 63.3890, the semiannual compliance
report must contain the information in paragraphs (a)(5)(i) through
(iv) of this section.
(i) Identification of each coating used that deviated from the
emission limit, and of each thinner and cleaning material used that
contained organic HAP, and the dates and time periods each was used.
(ii) The calculation of the organic HAP content, using Equation 1
of Sec. 63.3941 for each coating identified in paragraph (a)(5)(i) of
this section. You do not need to submit background data supporting this
calculation, for example, information provided by coating suppliers or
manufacturers, or test reports.
(iii) The determination of mass fraction of organic HAP for each
coating, thinner, and cleaning material identified in paragraph
(a)(5)(i) of this section. You do not need to submit background data
supporting this calculation, for example, information provided by
material suppliers or manufacturers, or test reports.
(iv) A statement of the cause of each deviation.
(6) Deviations: emission rate without add-on controls option. If
you used the emission rate without add-on controls option and there was
a deviation from the applicable emission limit in Sec. 63.3890, the
semiannual compliance report must contain the information in paragraphs
(a)(6)(i) through (iii) of this section.
(i) The beginning and ending dates of each compliance period during
which the 12-month organic HAP emission rate exceeded the applicable
emission limit in Sec. 63.3890.
(ii) The calculations used to determine the 12-month organic HAP
emission rate for the compliance period in which the deviation
occurred. You must submit the calculations for Equations 1, 1A through
1C, 2, and 3 in Sec. 63.3951; and if applicable, the calculation used
to determine mass of organic HAP in waste materials according to
Sec. 63.3951(e)(4). You do not need to submit background data
supporting these calculations, for example, information provided by
materials suppliers or manufacturers, or test reports.
(iii) A statement of the cause of each deviation.
(7) Deviations: emission rate with add-on controls option. If you
used the emission rate with add-on controls option and there was a
deviation from
[[Page 52805]]
an emission limitation (including any periods when emissions bypassed
the add-on control device and were diverted to the atmosphere), the
semiannual compliance report must contain the information in paragraphs
(a)(7)(i) through (xiv) of this section. This includes periods of
startup, shutdown, and malfunction during which deviations occurred.
(i) The beginning and ending dates of each compliance period during
which the 12-month organic HAP emission rate exceeded the applicable
emission limit in Sec. 63.3890.
(ii) The calculations used to determine the 12-month organic HAP
emission rate for each compliance period in which a deviation occurred.
You must provide the calculation of the total mass of organic HAP
emissions for the coatings, thinners, and cleaning materials used each
month, using Equations 1 and 1A through 1C of Sec. 63.3951 and, if
applicable, the calculation used to determine mass of organic HAP in
waste materials according to Sec. 63.3951(e)(4); the calculation of the
total volume of coating solids used each month, using Equation 2 of
Sec. 63.3951; the calculation of the mass of organic HAP emission
reduction each month by emission capture systems and add-on control
devices, using Equations 1 and 1A through 1D of Sec. 63.3961 and
Equations 2, 3, and 3A through 3C of Sec. 63.3961 as applicable; the
calculation of the total mass of organic HAP emissions each month,
using Equation 4 of Sec. 63.3961; and the calculation of the 12-month
organic HAP emission rate, using Equation 5 of Sec. 63.3961. You do not
need to submit the background data supporting these calculations, for
example information provided by materials suppliers or manufacturers,
or test reports.
(iii) The date and time that each malfunction started and stopped.
(iv) A brief description of the CPMS.
(v) The date of the latest CPMS certification or audit.
(vi) The date and time that each CPMS was inoperative, except for
zero (low-level) and high-level checks.
(vii) The date, time, and duration that each CPMS was out-of-
control, including the information in Sec. 63.8(c)(8).
(viii) The date and time period of each deviation from an operating
limit in Table 1 to this subpart; date and time period of any bypass of
the add-on control device; and whether each deviation occurred during a
period of startup, shutdown, or malfunction or during another period.
(ix) A summary of the total duration of each deviation from an
operating limit in Table 1 to this subpart and each bypass of the add-
on control device during the semiannual reporting period, and the total
duration as a percent of the total source operating time during that
semiannual reporting period.
(x) A breakdown of the total duration of the deviations from the
operating limits in Table 1 to this subpart and bypasses of the add-on
control device during the semiannual reporting period into those that
were due to startup, shutdown, control equipment problems, process
problems, other known causes, and other unknown causes.
(xi) A summary of the total duration of CPMS downtime during the
semiannual reporting period and the total duration of CPMS downtime as
a percent of the total source operating time during that semiannual
reporting period.
(xii) A description of any changes in the CPMS, coating operation,
emission capture system, or add-on control device since the last
semiannual reporting period.
(xiii) For each deviation from the work practice standards, a
description of the deviation, the date and time period of the
deviation, and the actions you took to correct the deviation.
(xiv) A statement of the cause of each deviation.
(b) Performance test reports. If you use the emission rate with
add-on controls option, you must submit reports of performance test
results for emission capture systems and add-on control devices no
later than 60 days after completing the tests as specified in
Sec. 63.10(d)(2).
(c) Startup, shutdown, malfunction reports. If you used the
emission rate with add-on controls option and you had a startup,
shutdown, or malfunction during the semiannual reporting period, you
must submit the reports specified in paragraphs (c)(1) and (2) of this
section.
(1) If your actions were consistent with your startup, shutdown,
and malfunction plan, you must include the information specified in
Sec. 63.10(d) in the semiannual compliance report required by paragraph
(a) of this section.
(2) If your actions were not consistent with your startup,
shutdown, and malfunction plan, you must submit an immediate startup,
shutdown, and malfunction report as described in paragraphs (c)(2)(i)
and (ii) of this section.
(i) You must describe the actions taken during the event in a
report delivered by facsimile, telephone, or other means to the
Administrator within 2 working days after starting actions that are
inconsistent with the plan.
(ii) You must submit a letter to the Administrator within 7 working
days after the end of the event, unless you have made alternative
arrangements with the Administrator as specified in
Sec. 63.10(d)(5)(ii). The letter must contain the information specified
in Sec. 63.10(d)(5)(ii).
Sec. 63.3930 What records must I keep?
You must collect and keep records of the data and information
specified in this section. Failure to collect and keep these records is
a deviation from the applicable standard.
(a) A copy of each notification and report that you submitted to
comply with this subpart, and the documentation supporting each
notification and report.
(b) A current copy of information provided by materials suppliers
or manufacturers, such as manufacturer's formulation data, or test data
used to determine the mass fraction of organic HAP and density for each
coating, thinner, and cleaning material and the volume fraction of
coating solids for each coating. If you conducted testing to determine
mass fraction of organic HAP, density, or volume fraction of coating
solids, you must keep a copy of the complete test report. If you use
information provided to you by the manufacturer or supplier of the
material that was based on testing, you must keep the summary sheet of
results provided to you by the manufacturer or supplier. You are not
required to obtain the test report or other supporting documentation
from the manufacturer or supplier.
(c) For each compliance period, the records specified in paragraphs
(c)(1) through (4) of this section.
(1) A record of the coating operations at which you used each
compliance option and the time periods (beginning and ending dates and
times) you used each option.
(2) For the compliant material option, a record of the calculation
of the organic HAP content for each coating, using Equation 1 of
Sec. 63.3941.
(3) For the emission rate without add-on controls option, a record
of the calculation of the total mass of organic HAP emissions for the
coatings, thinners, and cleaning materials used each month, using
Equations 1, 1A through 1C, and 2 of Sec. 63.3951 and, if applicable,
the calculation used to determine mass of organic HAP in waste
materials according to Sec. 63.3951(e)(4); the calculation of the total
volume of coating solids used each month, using Equation 2 of
Sec. 63.3951; and the
[[Page 52806]]
calculation of each 12-month organic HAP emission rate, using Equation
3 of Sec. 63.3951.
(4) For the emission rate with add-on controls option, records of
the calculations specified in paragraphs (c)(4)(i) through (v) of this
section.
(i) The calculation of the total mass of organic HAP emissions for
the coatings, thinners, and cleaning materials used each month, using
Equations 1 and 1A through 1C of Sec. 63.3951 and, if applicable, the
calculation used to determine mass of organic HAP in waste materials
according to Sec. 63.3951(e)(4).
(ii) The calculation of the total volume of coating solids used
each month, using Equation 2 of Sec. 63.3951.
(iii) The calculation of the mass of organic HAP emission reduction
by emission capture systems and add-on control devices, using Equations
1 and 1A through 1D of Sec. 63.3961 and Equations 2, 3, and 3A through
3C of Sec. 63.3961 for as applicable.
(iv) The calculation of the total mass of organic HAP emissions
each month, using Equation 4 of Sec. 63.3961.
(v) The calculation of each 12-month organic HAP emission rate,
using Equation 5 of Sec. 63.3961.
(d) A record of the name and volume of each coating, thinner, and
cleaning material used during each compliance period.
(e) A record of the mass fraction of organic HAP for each coating,
thinner, and cleaning material used during each compliance period.
(f) A record of the volume fraction of coating solids for each
coating used during each compliance period.
(g) A record of the density for each coating used during each
compliance period and, if you use either the emission rate without add-
on controls or the emission rate with add-on controls compliance
option, the density for each thinner and cleaning material used during
each compliance period.
(h) If you use an allowance in Equation 1 of Sec. 63.3951 for
organic HAP contained in waste materials sent to or designated for
shipment to a treatment, storage, and disposal facility (TSDF)
according to Sec. 63.3951(e)(4), you must keep records of the
information specified in paragraphs (h)(1) through (3) of this section.
(1) The name and address of each TSDF to which you sent waste
materials for which you use an allowance in Equation 1 of Sec. 63.3951;
a statement of which subparts under 40 CFR parts 262, 264, 265, and 266
apply to the facility; and the date of each shipment.
(2) Identification of the coating operations producing waste
materials included in each shipment and the month or months in which
you used the allowance for these materials in Equation 1 of
Sec. 63.3951.
(3) The methodology used in accordance with Sec. 63.3951(e)(4) to
determine the total amount of waste materials sent to or the amount
collected, stored, and designated for transport to a TSDF each month;
and the methodology to determine the mass of organic HAP contained in
these waste materials. This must include the sources for all data used
in the determination, methods used to generate the data, frequency of
testing or monitoring, and supporting calculations and documentation,
including the waste manifest for each shipment.
(i) [Reserved]
(j) You must keep records of the date, time, and duration of each
deviation.
(k) If you use the emission rate with add-on controls option, you
must keep the records specified in paragraphs (k)(1) through (8) of
this section.
(1) For each deviation, a record of whether the deviation occurred
during a period of startup, shutdown, or malfunction.
(2) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(3) The records required to show continuous compliance with each
operating limit specified in Table 1 to this subpart that applies to
you.
(4) For each capture system that is a PTE, the data and
documentation you used to support a determination that the capture
system meets the criteria in Method 204 of appendix M to 40 CFR part 51
for a PTE and has a capture efficiency of 100 percent, as specified in
Sec. 63.3965(a).
(5) For each capture system that is not a PTE, the data and
documentation you used to determine capture efficiency according to the
requirements specified in Secs. 63.3964 and 63.3965(b) through (e),
including the records specified in paragraphs (k)(5)(i) through (iii)
of this section that apply to you.
(i) Records for a liquid-to-uncaptured-gas protocol using a
temporary total enclosure or building enclosure. Records of the mass of
total volatile hydrocarbon (TVH) as measured by Method 204A or F of
appendix M to 40 CFR part 51 for each material used in the coating
operation, and the total TVH for all materials used during each capture
efficiency test run, including a copy of the test report. Records of
the mass of TVH emissions not captured by the capture system that
exited the temporary total enclosure or building enclosure during each
capture efficiency test run, as measured by Method 204D or E of
appendix M to 40 CFR part 51, including a copy of the test report.
Records documenting that the enclosure used for the capture efficiency
test met the criteria in Method 204 of appendix M to 40 CFR part 51 for
either a temporary total enclosure or a building enclosure.
(ii) Records for a gas-to-gas protocol using a temporary total
enclosure or a building enclosure. Records of the mass of TVH emissions
captured by the emission capture system as measured by Method 204B or C
of appendix M to 40 CFR part 51 at the inlet to the add-on control
device, including a copy of the test report. Records of the mass of TVH
emissions not captured by the capture system that exited the temporary
total enclosure or building enclosure during each capture efficiency
test run as measured by Method 204D or E of appendix M to 40 CFR part
51, including a copy of the test report. Records documenting that the
enclosure used for the capture efficiency test met the criteria in
Method 204 of appendix M to 40 CFR part 51 for either a temporary total
enclosure or a building enclosure.
(iii) Records for an alternative protocol. Records needed to
document a capture efficiency determination using an alternative method
or protocol as specified in Sec. 63.3965(e), if applicable.
(6) The records specified in paragraphs (k)(6)(i) and (ii) of this
section for each add-on control device organic HAP destruction or
removal efficiency determination as specified in Sec. 63.3966.
(i) Records of each add-on control device performance test
conducted according to Secs. 63.3964 and 63.3966.
(ii) Records of the coating operation conditions during the add-on
control device performance test showing that the performance test was
conducted under representative operating conditions.
(7) Records of the data and calculations you used to establish the
emission capture and add-on control device operating limits as
specified in Sec. 63.3967 and to document compliance with the operating
limits as specified in Table 1 to this subpart.
(8) A record of the work practice plan required by Sec. 63.3893 and
documentation that you are implementing the plan on a continuous basis.
Sec. 63.3931 In what form and for how long must I keep my records?
(a) Your records must be in a form suitable and readily available
for expeditious review according to Sec. 63.10(b)(1). Where
appropriate, the
[[Page 52807]]
records may be maintained as electronic spreadsheets or as a database.
(b) As specified in Sec. 63.10(b)(1), you must keep each record for
5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
(c) You must keep each record on site for at least 2 years after
the date of each occurrence, measurement, maintenance, corrective
action, report, or record according to Sec. 63.10(b)(1). You may keep
the records off site for the remaining 3 years.
Compliance Requirements for the Compliant Material Option
Sec. 63.3940 By what date must I conduct the initial compliance
demonstration?
You must complete the initial compliance demonstration for the
initial compliance period according to the requirements in
Sec. 63.3941. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3883 and ends on the last day of
the twelfth month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. The initial compliance demonstration includes the
calculations according to Sec. 63.3941 and supporting documentation
showing that, during the initial compliance period, you used no coating
with an organic HAP content that exceeded the applicable emission
limits in Sec. 63.3890, and that you used no thinners or cleaning
materials that contained organic HAP.
Sec. 63.3941 How do I demonstrate initial compliance with the emission
limitations?
You may use the compliant material option for any individual
coating operation, for any group of coating operations in the affected
source, or for all the coating operations in the affected source. You
must use either the emission rate without add-on controls option or the
emission rate with add-on controls option for any coating operation in
the affected source for which you do not use this option. To
demonstrate initial compliance using the compliant material option, the
coating operation or group of coating operations must use no coating
with an organic HAP content that exceeds the applicable emission limits
in Sec. 63.3890 and must use no thinner or cleaning material that
contains organic HAP as determined according to this section. Any
coating operation for which you use the compliant material option is
not required to meet the operating limits or work practice standards
required in Secs. 63.3892 and 63.3893, respectively. To demonstrate
initial compliance with the emission limitations using the compliant
material option, you must meet all the requirements of this section for
the coating operation or group of coating operations using this option.
Use the procedures in this section on each coating, thinner, and
cleaning material in the condition it is in when it is received from
its manufacturer or supplier and prior to any alteration. You do not
need to redetermine the HAP content of cleaning materials that have
been reclaimed and reused onsite provided these materials in their
condition as received were demonstrated to comply with the compliant
material option.
(a) Determine the mass fraction of organic HAP for each material
used. You must determine the mass fraction of organic HAP for each
coating, thinner, and cleaning material used during the compliance
period by using one of the options in paragraphs (a)(1) through (5) of
this section.
(1) Method 311 (appendix A to 40 CFR part 63). You may use Method
311 for determining the mass fraction of organic HAP. Use the
procedures specified in paragraphs (a)(1)(i) and (ii) of this section
when performing a Method 311 test.
(i) Count each organic HAP that is measured to be present at 0.1
percent by mass or more for Occupational Safety and Health
Administration (OSHA)-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds.
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5
percent of the material by mass, you do not have to count it. Express
the mass fraction of each organic HAP you count as a value truncated to
four places after the decimal point (for example, 0.3791).
(ii) Calculate the total mass fraction of organic HAP in the test
material by adding up the individual organic HAP mass fractions and
truncating the result to three places after the decimal point (for
example, 0.763).
(2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may
use Method 24 to determine the mass fraction of nonaqueous volatile
matter and use that value as a substitute for mass fraction of organic
HAP.
(3) Alternative method. You may use an alternative test method for
determining the mass fraction of organic HAP once the Administrator has
approved it. You must follow the procedure in Sec. 63.7(f) to submit an
alternative test method for approval.
(4) Information from the supplier or manufacturer of the material.
You may rely on information other than that generated by the test
methods specified in paragraphs (a)(1) through (3) of this section,
such as manufacturer's formulation data, if it represents 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 count it. If there is a disagreement between such information
and results of a test conducted according to paragraphs (a)(1) through
(3) of this section, then the test method results will take precedence.
(5) Solvent blends. Solvent blends may be listed as single
components for some materials in data provided by manufacturers or
suppliers. Solvent blends may contain organic HAP which must be counted
toward the total organic HAP mass fraction of the materials. When test
data and manufacturer's data for solvent blends are not available, you
may use the default values for the mass fraction of organic HAP in
these solvent blends listed in Table 3 or 4 to this subpart. If you use
the tables, you must use the values in Table 3 for all solvent blends
that match Table 3 entries, and you may only use Table 4 if the solvent
blends in the materials you use do not match any of the solvent blends
in Table 3, and you only know whether the blend is aliphatic or
aromatic. However, if the results of a Method 311 test indicate higher
values than those listed on Table 3 or 4 to this subpart, the Method
311 results will take precedence.
(b) Determine the volume fraction of coating solids for each
coating. You must determine the volume fraction of coating solids
(liters of coating solids per liter of coating) for each coating used
during the compliance period by a test or by information provided by
the supplier or the manufacturer of the material, as specified in
paragraphs (b)(1) and (2) of this section. If test results obtained
according to paragraph (b)(1) of this section do not agree with the
information obtained under paragraph (b)(2) of this section, the test
results will take precedence.
(1) ASTM Method D2697-86 (1998) or D6093-97. You may use ASTM
Method D2697-86 (1998) or D6093-97 to determine the volume fraction of
coating solids for each coating. 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
[[Page 52808]]
obtain the volume fraction of coating solids for each coating from the
supplier or manufacturer.
(c) Determine the density of each coating. Determine the density of
each coating used during the compliance period from test results using
ASTM Method D1475-98 or information from the supplier or manufacturer
of the material. If there is disagreement between ASTM Method D1475-98
test results and the supplier's or manufacturer's information, the test
results will take precedence.
(d) Calculate the organic HAP content of each coating. Calculate
the organic HAP content, kg organic HAP per liter coating solids, of
each coating used during the compliance period, using Equation 1 of
this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.003
Where:
Hc = organic HAP content of the coating, kg organic HAP per
liter coating solids.
Dc = density of coating, kg coating per liter coating,
determined according to paragraph (c) of this section.
Wc = mass fraction of organic HAP in the coating, kg organic
HAP per kg coating, determined according to paragraph (a) of this
section.
Vs = volume fraction of coating solids, liter coating solids
per liter coating, determined according to paragraph (b) of this
section.
(e) Compliance demonstration. The calculated organic HAP content
for each coating used during the initial compliance period must be less
than or equal to the applicable emission limits in Sec. 63.3890; and
each thinner and cleaning material used during the initial compliance
period must contain no organic HAP, determined according to paragraph
(a) of this section. You must keep all records required by
Secs. 63.3930 and 63.3931. As part of the Notification of Compliance
Status required in Sec. 63.3910, you must identify the coating
operation(s) for which you used the compliant material option and
submit a statement that the coating operation(s) was (were) in
compliance with the emission limitations during the initial compliance
period because you used no coatings for which the organic HAP content
exceeded the applicable emission limits in Sec. 63.3890, and you used
no thinners or cleaning materials that contained organic HAP,
determined according to paragraph (a) of this section.
Sec. 63.3942 How do I demonstrate continuous compliance with the
emission limitations?
(a) For each compliance period to demonstrate continuous
compliance, you must use no coating for which the organic HAP content
determined using Equation 1 of Sec. 63.3941, exceeds the applicable
emission limits in Sec. 63.3890, and use no thinner or cleaning
material that contains organic HAP, determined according to
Sec. 63.3941(a). A compliance period consists of 12 months. Each month
after the end of the initial compliance period described in
Sec. 63.3940 is the end of a compliance period consisting of that month
and the preceding 11 months.
(b) If you choose to comply with the emission limitations by using
the compliant material option, the use of any coating, thinner, or
cleaning material that does not meet the criteria specified in
paragraph (a) of this section is a deviation from the emission
limitations that must be reported as specified in Secs. 63.3910(c)(6)
and 63.3920(a)(5).
(c) As part of each semiannual compliance report required by
Sec. 63.3920, you must identify the coating operation(s) for which you
used the compliant material option. If there were no deviations from
the emission limitations in Sec. 63.3890, submit a statement that the
coating operation(s) was (were) in compliance with the emission
limitations during the reporting period because you used no coating for
which the organic HAP content exceeded the applicable emission limits
in Sec. 63.3890, and you used no thinner or cleaning material that
contained organic HAP, determined according to Sec. 63.3941(a).
(d) You must maintain records as specified in Secs. 63.3930 and
63.3931.
Compliance Requirements for the Emission Rate Without Add-On
Controls Option
Sec. 63.3950 By what date must I conduct the initial compliance
demonstration?
You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of
Sec. 63.3951. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3883 and ends on the last day of
the twelfth month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. You must determine the mass of organic HAP emissions and
volume of coating solids each month and then calculate a 12-month
organic HAP emission rate at the end of the initial 12-month compliance
period. The initial compliance demonstration includes the calculations
according to Sec. 63.3951 and supporting documentation showing that
during the initial compliance period the organic HAP emission rate was
equal to or less than the applicable emission limit in Sec. 63.3890.
Sec. 63.3951 How do I demonstrate initial compliance with the emission
limitations?
You may use the emission rate without add-on controls option for
any individual coating operation, for any group of coating operations
in the affected source, or for all the coating operations in the
affected source. You must use either the compliant material option or
the emission rate with add-on controls option for any coating operation
in the affected source for which you do not use this option. To
demonstrate initial compliance using the emission rate without add-on
controls option, the coating operation or group of coating operations
must meet the applicable emission limit in Sec. 63.3890, but is not
required to meet the operating limits or work practice standards in
Secs. 63.3892 and 63.3893, respectively. You must meet all the
requirements of this section to demonstrate initial compliance with the
applicable emission limit in Sec. 63.3890. When calculating the organic
HAP emission rate according to this section, do not include any
coatings, thinners, or cleaning materials used on coating operations
for which you use the compliant material option or the emission rate
with add-on controls option. You do not need to redetermine the mass of
organic HAP in coatings, thinners, or cleaning materials that have been
reclaimed and reused in the coating operation for which you use the
emission rate without add-on controls option.
(a) Determine the mass fraction of organic HAP for each material.
Determine the mass fraction of organic HAP for each coating, thinner,
and cleaning material used during each month according to the
requirements in Sec. 63.3941(a).
(b) Determine the volume fraction of coating solids for each
coating. Determine the volume fraction of coating solids for each
coating used during each month according to the requirements in
Sec. 63.3941(b).
(c) Determine the density of each material. Determine the density
of each coating, thinner, and cleaning material used during each month
from test results using ASTM Method D1475-98, information from the
supplier or
[[Page 52809]]
manufacturer of the material, or reference sources providing density or
specific gravity data for pure materials. If there is disagreement
between ASTM Method D1475-98 test results and other such information
sources, the test results will take precedence.
(d) Determine the volume of each material used. Determine the
volume (liters) of each coating, thinner, and cleaning material used
during each month by measurement or usage records.
(e) Calculate the mass of organic HAP emissions. The mass of
organic HAP emissions is the combined mass of organic HAP contained in
all coatings, thinners, and cleaning materials used during each month
minus the organic HAP in certain waste materials. Calculate the mass of
organic HAP emissions using Equation 1 of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.004
Where:
He = total mass of organic HAP emissions during the month,
kg.
A = total mass of organic HAP in the coatings used during the month,
kg, as calculated in Equation 1A of this section.
B = total mass of organic HAP in the thinners used during the month,
kg, as calculated in Equation 1B of this section.
C = total mass of organic HAP in the cleaning materials used during the
month, kg, as calculated in Equation 1C of this section.
Rw = total mass of organic HAP in waste materials sent or
designated for shipment to a hazardous waste TSDF for treatment or
disposal during the month, kg, determined according to paragraph (e)(4)
of this section. (You may assign a value of zero to Rw if
you do not wish to use this allowance.)
(1) Calculate the kg organic HAP in the coatings used during the
month using Equation 1A of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.005
Where:
A = total mass of organic HAP in the coatings used during the month,
kg.
Volc,i = total volume of coating, i, used during the month,
liters.
Dc,i = density of coating, i, kg coating per liter coating.
Wc,i = mass fraction of organic HAP in coating, i, kg
organic HAP per kg coating.
m = number of different coatings used during the month.
(2) Calculate the kg of organic HAP in the thinners used during the
month using Equation 1B of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.006
Where:
B = total mass of organic HAP in the thinners used during the month,
kg.
Volt,j = total volume of thinner, j, used during the month,
liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg
organic HAP per kg thinner.
n = number of different thinners used during the month.
(3) Calculate the kg organic HAP in the cleaning materials used
during the month using Equation 1C of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.007
Where:
C = total mass of organic HAP in the cleaning materials used during the
month, kg.
Vols,k = total volume of cleaning material, k, used during
the month, liters.
Ds,k = density of cleaning material, k, kg per liter.
Ws,k = mass fraction of organic HAP in cleaning material, k,
kg organic HAP per kg material.
p = number of different cleaning materials used during the month.
(4) If you choose to account for the mass of organic HAP contained
in waste materials sent or designated for shipment to a hazardous waste
TSDF in Equation 1 of this section, then you must determine it
according to paragraphs (e)(4) (i) through (iv) of this section.
(i) You may include in the determination only waste materials that
are generated by coating operations for which you use Equation 1 of
this section and that will be treated or disposed of by a facility
regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF
may be either off-site or on-site. You may not include organic HAP
contained in wastewater.
(ii) You must determine either the amount of the waste materials
sent to a TSDF during the month or the amount collected and stored
during the month and designated for future transport to a TSDF. Do not
include in your determination any waste materials sent to a TSDF during
a month if you have already included them in the amount collected and
stored during that month or a previous month.
(iii) Determine the total mass of organic HAP contained in the
waste materials specified in paragraph (e)(4)(ii) of this section.
(iv) You must document the amount of waste materials and the total
mass of organic HAP they contain, as required in Sec. 63.3930(h). To
the extent that waste manifests include this information, they may be
used as part of the documentation of the amount of waste materials and
mass of organic HAP contained in them.
(f) Calculate the total volume of coating solids used. Determine
the total volume of coating solids used, liters, which is the combined
volume of coating solids for all the coatings used during each month,
using Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.008
Where:
Vst = total volume of coating solids used during the
month, liters.
Volc,i = total volume of coating, i, used during the month,
liters.
Vs,i = volume fraction of coating solids for coating, i,
liter solids per liter coating, determined according to
Sec. 63.3941(b).
m = number of coatings used during the month.
(g) Calculate the organic HAP emission rate. Calculate the organic
HAP emission rate for the 12-month compliance period, kg organic HAP
per liter coating solids used, using Equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.009
Where:
Hyr = organic HAP emission rate for the 12-month compliance
period, kg organic HAP per liter coating solids.
He = total mass of organic HAP emissions from all materials
used during month, y, kg, as calculated by Equation 1 of this section.
Vst = total volume of coating solids used during month, y,
liters, as calculated by Equation 2 of this section.
y = identifier for months.
(h) Compliance demonstration. The organic HAP emission rate for the
initial 12-month compliance period must be less than or equal to the
applicable emission limit in Sec. 63.3890. You must keep all records as
required by Secs. 63.3930 and 63.3931. As part of the
[[Page 52810]]
Notification of Compliance Status required by Sec. 63.3910, you must
identify the coating operation(s) for which you used the emission rate
without add-on controls option and submit a statement that the coating
operation(s) was (were) in compliance with the emission limitations
during the initial compliance period because the organic HAP emission
rate was less than or equal to the applicable emission limit in
Sec. 63.3890, determined according to this section.
Sec. 63.3952 How do I demonstrate continuous compliance with the
emission limitations?
(a) To demonstrate continuous compliance, the organic HAP emission
rate for each compliance period, determined according to
Sec. 63.3951(a) through (g), must be less than or equal to the
applicable emission limit in Sec. 63.3890. A compliance period consists
of 12 months. Each month after the end of the initial compliance period
described in Sec. 63.3950 is the end of a compliance period consisting
of that month and the preceding 11 months. You must perform the
calculations in Sec. 63.3951(a) through (g) on a monthly basis using
data from the previous 12 months of operation.
(b) If the organic HAP emission rate for any 12-month compliance
period exceeded the applicable emission limit in Sec. 63.3890, this is
a deviation from the emission limitations for that compliance period
and must be reported as specified in Secs. 63.3910(c)(6) and
63.3920(a)(6).
(c) As part of each semiannual compliance report required by
Sec. 63.3920, you must identify the coating operation(s) for which you
used the emission rate without add-on controls option. If there were no
deviations from the emission limitations, you must submit a statement
that the coating operation(s) was (were) in compliance with the
emission limitations during the reporting period because the organic
HAP emission rate for each compliance period was less than or equal to
the applicable emission limit in Sec. 63.3890, determined according to
Sec. 63.3951(a) through (g).
(d) You must maintain records as specified in Secs. 63.3930 and
63.3931.
Compliance Requirements for the Emission Rate With Add-On Controls
Option
Sec. 63.3960 By what date must I conduct performance tests and other
initial compliance demonstrations?
(a) New and reconstructed affected sources. For a new or
reconstructed affected source, you must meet the requirements of
paragraphs (a)(1) through (4) of this section.
(1) All emission capture systems, add-on control devices, and CPMS
must be installed and operating no later than the applicable compliance
date specified in Sec. 63.3883. Except for solvent recovery systems for
which you conduct liquid-liquid material balances according to
Sec. 63.3961(j), you must conduct a performance test of each capture
system and add-on control device according to Secs. 63.3964, 63.3965,
and 63.3966 and establish the operating limits required by Sec. 63.3892
no later than 180 days after the applicable compliance date specified
in Sec. 63.3883. For a solvent recovery system for which you conduct
liquid-liquid material balances according to Sec. 63.3961(j), you must
initiate the first material balance no later than the applicable
compliance date specified in Sec. 63.3883.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.3893 no later than the compliance date specified in
Sec. 63.3883.
(3) You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of
Sec. 63.3961. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3883 and ends on the last day of
the twelfth month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. You must determine the mass of organic HAP emissions and
volume of coating solids used each month and then calculate a 12-month
organic HAP emission rate at the end of the initial 12-month compliance
period. The initial compliance demonstration includes the results of
emission capture system and add-on control device performance tests
conducted according to Secs. 63.3964, 63.3965, and 63.3966; results of
liquid-liquid material balances conducted according to Sec. 63.3961(j);
calculations according to Sec. 63.3961 and supporting documentation
showing that during the initial compliance period the organic HAP
emission rate was equal to or less than the applicable emission limit
in Sec. 63.3890; the operating limits established during the
performance tests and the results of the continuous parameter
monitoring required by Sec. 63.3968; and documentation of whether you
developed and implemented the work practice plan required by
Sec. 63.3893.
(4) You do not need to comply with the operating limits for the
emission capture system and add-on control device required by
Sec. 63.3892 until after you have completed the performance tests
specified in paragraph (a)(1) of this section. Instead, you must
maintain a log detailing the operation and maintenance of the emission
capture system, add-on control device, and continuous parameter
monitors during the period between the compliance date and the
performance test. You must begin complying with the operating limits
for your affected source on the date you complete the performance tests
specified in paragraph (a)(1) of this section. The requirements in this
paragraph do not apply to solvent recovery systems for which you
conduct liquid-liquid material balances according to the requirements
in Sec. 63.3961(j).
(b) Existing affected sources. For an existing affected source, you
must meet the requirements of paragraphs (b)(1) through (3) of this
section.
(1) All emission capture systems, add-on control devices, and CPMS
must be installed and operating no later than the applicable compliance
date specified in Sec. 63.3883. Except for solvent recovery systems for
which you conduct liquid-liquid material balances according to
Sec. 63.3961(j), you must conduct a performance test of each capture
system and add-on control device according to the procedures in
Secs. 63.3964, 63.3965, and 63.3966 and establish the operating limits
required by Sec. 63.3892 no later than the compliance date specified in
Sec. 63.3883. For a solvent recovery system for which you conduct
liquid-liquid material balances according to Sec. 63.3961(j), you must
initiate the first material balance no later than the compliance date
specified in Sec. 63.3883.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.3893 no later than the compliance date specified in
Sec. 63.3883.
(3) You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of
Sec. 63.3961. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3883 and ends on the last day of
the twelfth month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. You must determine the mass of organic HAP emissions and
volume of coating solids used each month and then calculate a 12-month
organic HAP emission rate at the end of the initial 12-month compliance
period. The initial compliance demonstration includes the results of
emission capture system and
[[Page 52811]]
add-on control device performance tests conducted according to
Secs. 63.3964, 63.3965, and 63.3966; results of liquid-liquid material
balances conducted according to Sec. 63.3961(j); calculations according
to Sec. 63.3961 and supporting documentation showing that during the
initial compliance period the organic HAP emission rate was equal to or
less than the applicable emission limit in Sec. 63.3890; the operating
limits established during the performance tests and the results of the
continuous parameter monitoring required by Sec. 63.3968; and
documentation of whether you developed and implemented the work
practice plan required by Sec. 63.3893.
Sec. 63.3961 How do I demonstrate initial compliance?
(a) You may use the emission rate with add-on controls option for
any coating operation, for any group of coating operations in the
affected source, or for all of the coating operations in the affected
source. You may include both controlled and uncontrolled coating
operations in a group for which you use this option. You must use
either the compliant material option or the emission rate without add-
on controls option for any coating operation in the affected source for
which you do not use the emission rate with add-on controls option. To
demonstrate initial compliance, the coating operation(s) for which you
use the emission rate with add-on controls option must meet the
applicable emission limitations in Secs. 63.3890, 63.3892, and 63.3893.
You must meet all the requirements of this section to demonstrate
initial compliance with the emission limitations. When calculating the
organic HAP emission rate according to this section, do not include any
coatings, thinners, or cleaning materials used on coating operations
for which you use the compliant material option or the emission rate
without add-on controls option. You do not need to redetermine the mass
of organic HAP in coatings, thinners, or cleaning materials that have
been reclaimed and reused in the coating operation(s) for which you use
the emission rate with add-on controls option.
(b) Compliance with operating limits. Except as provided in
Sec. 63.3960(a)(4), and except for solvent recovery systems for which
you conduct liquid-liquid material balances according to the
requirements of paragraph (j) of this section, you must establish and
demonstrate continuous compliance during the initial compliance period
with the operating limits required by Sec. 63.3892, using the
procedures specified in Secs. 63.3967 and 63.3968.
(c) Compliance with work practice requirements. You must develop,
implement, and document your implementation of the work practice plan
required by Sec. 63.3893 during the initial compliance period, as
specified in Sec. 63.3930.
(d) Compliance with emission limits. You must follow the procedures
in paragraphs (e) through (n) of this section to demonstrate compliance
with the applicable emission limit in Sec. 63.3890.
(e) Determine the mass fraction of organic HAP, density, volume
used, and volume fraction of coating solids. Follow the procedures
specified in Sec. 63.3951(a) through (d) to determine the mass fraction
of organic HAP, density, and volume of each coating, thinner, and
cleaning material used during each month; and the volume fraction of
coating solids for each coating used during each month.
(f) Calculate the total mass of organic HAP emissions before add-on
controls. Using Equation 1 of Sec. 63.3951, calculate the total mass of
organic HAP emissions before add-on controls from all coatings,
thinners, and cleaning materials used during each month in the coating
operation or group of coating operations for which you use the emission
rate with add-on controls option.
(g) Calculate the organic HAP emission reduction for each
controlled coating operation. Determine the mass of organic HAP
emissions reduced for each controlled coating operation during each
month. The emission reduction determination quantifies the total
organic HAP emissions that pass through the emission capture system and
are destroyed or removed by the add-on control device. Use the
procedures in paragraph (h) of this section to calculate the mass of
organic HAP emission reduction for each controlled coating operation
using an emission capture system and add-on control device other than a
solvent recovery system for which you conduct liquid-liquid material
balances. For each controlled coating operation using a solvent
recovery system for which you conduct a liquid-liquid material balance,
use the procedures in paragraph (j) of this section to calculate the
organic HAP emission reduction.
(h) Calculate the organic HAP emission reduction for each
controlled coating operation not using liquid-liquid material balance.
For each controlled coating operation using an emission capture system
and add-on control device other than a solvent recovery system for
which you conduct liquid-liquid material balances, calculate the
organic HAP emission reduction using Equation 1 of this section. The
calculation applies the emission capture system efficiency and add-on
control device efficiency to the mass of organic HAP contained in the
coatings, thinners, and cleaning materials that are used in the coating
operation served by the emission capture system and add-on control
device during each month. For any period of time a deviation specified
in Sec. 63.3963(c) or (d) occurs in the controlled coating operation,
including a deviation during a period of startup, shutdown, or
malfunction, you must assume zero efficiency for the emission capture
system and add-on control device. Equation 1 of this section treats the
materials used during such a deviation as if they were used on an
uncontrolled coating operation for the time period of the deviation.
[GRAPHIC] [TIFF OMITTED] TP13AU02.010
Where:
HC = mass of organic HAP emission reduction for the
controlled coating operation during the month, kg.
HC = total mass of organic HAP in the coatings used in the
controlled coating operation during the month, kg, as calculated in
Equation 1A of this section.
BC = total mass of organic HAP in the thinners used in the
controlled coating operation during the month, kg, as calculated in
Equation 1B of this section.
CC = total mass of organic HAP in the cleaning materials
used in the controlled coating operation during the month, kg, as
calculated in Equation 1C of this section.
Hunc = total mass of organic HAP in the coatings, thinners,
and cleaning materials used during all deviations specified in
Sec. 63.3963(c) and (d) that occurred during the month in
[[Page 52812]]
the controlled coating operation, kg, as calculated in Equation 1D of
this section.
CE = capture efficiency of the emission capture system vented to the
add-on control device, percent. Use the test methods and procedures
specified in Secs. 63.3964 and 63.3965 to measure and record capture
efficiency.
DRE = organic HAP destruction or removal efficiency of the add-on
control device, percent. Use the test methods and procedures in
Secs. 63.3964 and 63.3966 to measure and record the organic HAP
destruction or removal efficiency.
(1) Calculate the mass of organic HAP in the coatings used in the
controlled coating operation, kg, using Equation 1A of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.011
Where:
AC = Total mass of organic HAP in the coatings used in the
controlled coating operation during the month, kg.
Volc,i = total volume of coating, i, used during the month,
liters.
Dc,i = density of coating, i, kg per liter.
Wc,i = mass fraction of organic HAP in coating, i, kg per
kg.
m = number of different coatings used.
(2) Calculate the mass of organic HAP in the thinners used in the
controlled coating operation, kg, using Equation 1B of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.012
Where:
BC = total mass of organic HAP in the thinners used in the
controlled coating operation during the month, kg.
Volt,j = total volume of thinner, j, used during the month,
liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg per
kg.
n = number of different thinners used.
(3) Calculate the mass of organic HAP in the cleaning materials
used in the controlled coating operation during the month, kg, using
Equation 1C of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.013
Where:
CC = total mass of organic HAP in the cleaning materials
used in the controlled coating operation during the month, kg.
Vols,k = total volume of cleaning material, k, used during
the month, liters.
Ds,k = density of cleaning material, k, kg per liter.
Ws,k = mass fraction of organic HAP in cleaning material, k,
kg per kg.
p = number of different cleaning materials used.
(4) Calculate the mass of organic HAP in the coatings, thinners,
and cleaning materials used in the controlled coating operation during
deviations specified in Sec. 63.3963(c) and (d), using Equation 1D of
this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.014
Where:
Hunc = total mass of organic HAP in the coatings, thinners,
and cleaning materials used during all deviations specified in
Sec. 63.3963(c) and (d) that occurred during the month in the
controlled coating operation, kg.
Volh = total volume of coating, thinner, or cleaning
material, h, used in the controlled coating operation during
deviations, liters.
Dh = density of coating, thinner, or cleaning material, h,
kg per liter.
Wh = mass fraction of organic HAP in coating, thinner, or
cleaning material, h, kg organic HAP per kg coating.
q = number of different coatings, thinning solvents, or cleaning
materials.
(i) [Reserved]
(j) Calculate the organic HAP emission reduction for each
controlled coating operation using liquid-liquid material balances. For
each controlled coating operation using a solvent recovery system for
which you conduct liquid-liquid material balances, calculate the
organic HAP emission reduction by applying the volatile organic matter
collection and recovery efficiency to the mass of organic HAP contained
in the coatings, thinners, and cleaning materials that are used in the
coating operation controlled by the solvent recovery system during each
month. Perform a liquid-liquid material balance for each month as
specified in paragraphs (j)(1) through (6) of this section. Calculate
the mass of organic HAP emission reduction by the solvent recovery
system as specified in paragraph (j)(7) of this section.
(1) For each solvent recovery system, install, calibrate, maintain,
and operate according to the manufacturer's specifications, a device
that indicates the cumulative amount of volatile organic matter
recovered by the solvent recovery system each month. The device must be
initially certified by the manufacturer to be accurate to within + 2.0
percent of the mass of volatile organic matter recovered.
(2) For each solvent recovery system, determine the mass of
volatile organic matter recovered for the month, kg, based on
measurement with the device required in paragraph (j)(1) of this
section.
(3) Determine the mass fraction of volatile organic matter for each
coating, thinner, and cleaning material used in the coating operation
controlled by the solvent recovery system during the month, kg volatile
organic matter per kg coating. You may determine the volatile organic
matter mass fraction using Method 24 of 40 CFR part 60, appendix A, or
an EPA approved alternative method, or you may use information provided
by the manufacturer or supplier of the coating. In the event of any
inconsistency between information provided by the manufacturer or
supplier and the results of Method 24 of 40 CFR part 60, appendix A, or
an approved alternative method, the test method results will govern.
(4) Determine the density of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the month, kg per liter, according to
Sec. 63.3951(c).
(5) Measure the volume of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the month, liters.
(6) Each month, calculate the solvent recovery system's volatile
organic matter collection and recovery efficiency using Equation 2 of
this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.015
[[Page 52813]]
Where:
RV = volatile organic matter collection and recovery
efficiency of the solvent recovery system during the month, percent.
MVR = mass of volatile organic matter recovered by the
solvent recovery system during the month, kg.
Voli = volume of coating, i, used in the coating operation
controlled by the solvent recovery system during the month, liters.
Di = density of coating, i, kg per liter.
WVc,i = mass fraction of volatile organic matter for
coating, i, kg volatile organic matter per kg coating.
Volj = volume of thinner, j, used in the coating operation
controlled by the solvent recovery system during the month, liters.
Dj = density of thinner, j, kg per liter.
WVt,j = mass fraction of volatile organic matter for
thinner, j, kg volatile organic matter per kg thinner.
Volk = volume of cleaning material, k, used in the coating
operation controlled by the solvent recovery system during the month,
liters.
Dk = density of cleaning material, k, kg per liter.
WVs,k = mass fraction of volatile organic matter for
cleaning material, k, kg volatile organic matter per kg cleaning
material.
m = number of different coatings used in the coating operation
controlled by the solvent recovery system during the month.
n = number of different thinners used in the coating operation
controlled by the solvent recovery system during the month.
p = number of different cleaning materials used in the coating
operation controlled by the solvent recovery system during the month.
(7) Calculate the mass of organic HAP emission reduction for the
coating operation controlled by the solvent recovery system during the
month using Equation 3 of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.016
Where:
HCSR = mass of organic HAP emission reduction for the
coating operation controlled by the solvent recovery system using a
liquid-liquid material balance during the month, kg.
ACSR = total mass of organic HAP in the coatings used in the
coating operation controlled by the solvent recovery system, kg,
calculated using Equation 3A of this section.
BCSR = total mass of organic HAP in the thinners used in the
coating operation controlled by the solvent recovery system, kg,
calculated using Equation 3B of this section.
CCSR = total mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery
system, kg, calculated using Equation 3C of this section.
RV = volatile organic matter collection and recovery
efficiency of the solvent recovery system, percent, from Equation 2 of
this section.
(i) Calculate the mass of organic HAP in the coatings used in the
coating operation controlled by the solvent recovery system, kg, using
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.017
Where:
ACSR = total mass of organic HAP in the coatings used in the
coating operation controlled by the solvent recovery system during the
month, kg.
Volc,i = total volume of coating, i, used during the month
in the coating operation controlled by the solvent recovery system,
liters.
Dc,i = density of coating, i, kg per liter.
Wc,i = mass fraction of organic HAP in coating, i, kg per
kg.
m = number of different coatings used.
(ii) Calculate the mass of organic HAP in the thinners used in the
coating operation controlled by the solvent recovery system, kg, using
Equation 3B of this section.
[GRAPHIC] [TIFF OMITTED] TP13AU02.018
Where:
BCSR = total mass of organic HAP in the thinners used in the
coating operation controlled by the solvent recovery system during the
month, kg.
Volt,j = total volume of thinner, j, used during the month
in the coating operation controlled by the solvent recovery system,
liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg per
kg.
n = number of different thinners used.
(iii) Calculate the mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery system
during the month, kg, using Equation 3C of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.019
[[Page 52814]]
Where:
CCSR = total mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery system
during the month, kg.
Vols,k = total volume of cleaning material, k, used during
the month in the coating operation controlled by the solvent recovery
system, liters.
Ds,k = density of cleaning material, k, kg per liter.
Ws,k = mass fraction of organic HAP in cleaning material, k,
kg per kg.
p = number of different cleaning materials used.
(k) Calculate the total volume of coating solids used. Determine
the total volume of coating solids used, liters, which is the combined
volume of coating solids for all the coatings used during each month in
the coating operation or group of coating operations for which you use
the emission rate with add-on controls option, using Equation 2 of
Sec. 63.3951.
(l) Calculate the mass of organic HAP emissions for each month.
Determine the mass of organic HAP emissions, kg, during each month,
using Equation 4 of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.020
Where:
HHAP = total mass of organic HAP emissions for the month,
kg.
He = total mass of organic HAP emissions before add-on
controls from all the coatings, thinners, and cleaning materials used
during the month, kg, determined according to paragraph (f) of this
section.
HC,i = total mass of organic HAP emission reduction for
controlled coating operation, i, not using a liquid-liquid material
balance, during the month, kg, from Equation 1 of this section.
HCSR,j = total mass of organic HAP emission reduction for
coating operation, j, controlled by a solvent recovery system using a
liquid-liquid material balance, during the month, kg, from Equation 3
of this section.
q = number of controlled coating operations not using a liquid-liquid
material balance.
r = number of coating operations controlled by a solvent recovery
system using a liquid-liquid material balance.
(m) Calculate the organic HAP emission rate for the 12-month
compliance period. Determine the organic HAP emission rate for the 12-
month compliance period, kg of organic HAP per liter coating solids
used, using Equation 5 of this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.021
Where:
Hannual = organic HAP emission rate for the 12-month
compliance period, kg organic HAP per liter coating solids.
HHAP,y = organic HAP emission rate for month, y, determined
according to Equation 4 of this section.
V st,y = total volume of coating solids used during month,
y, liters, from Equation 2 of Sec. 63.3951.
y = identifier for months.
(n) Compliance demonstration. To demonstrate initial compliance
with the emission limit, calculated using Equation 5 of this section,
must be less than or equal to the applicable emission limit in
Sec. 63.3890. You must keep all records as required by Secs. 63.3930
and 63.3931. As part of the Notification of Compliance Status required
by Sec. 63.3910, you must identify the coating operation(s) for which
you used the emission rate with add-on controls option and submit a
statement that the coating operation(s) was (were) in compliance with
the emission limitations during the initial compliance period because
the organic HAP emission rate was less than or equal to the applicable
emission limit in Sec. 63.3890, and you achieved the operating limits
required by Sec. 63.3892 and the work practice standards required by
Sec. 63.3893.
Sec. 63.3962 [Reserved]
Sec. 63.3963 How do I demonstrate continuous compliance with the
emission limitations?
(a) To demonstrate continuous compliance with the applicable
emission limit in Sec. 63.3890, the organic HAP emission rate for each
compliance period, determined according to the procedures in
Sec. 63.3961, must be equal to or less than the applicable emission
limit in Sec. 63.3890. A compliance period consists of 12 months. Each
month after the end of the initial compliance period described in
Sec. 63.3960 is the end of a compliance period consisting of that month
and the preceding 11 months. You must perform the calculations in
Sec. 63.3961 on a monthly basis using data from the previous 12 months
of operation.
(b) If the organic HAP emission rate for any 12-month compliance
period exceeded the applicable emission limit in Sec. 63.3890, this is
a deviation from the emission limitation for that compliance period and
must be reported as specified in Secs. 63.3910(c)(6) and 63.3920(a)(7).
(c) You must demonstrate continuous compliance with each operating
limit required by Sec. 63.3892 that applies to you, as specified in
Table 1 to this subpart.
(1) If an operating parameter is out of the allowed range specified
in Table 1 to this subpart, this is a deviation from the operating
limit that must be reported as specified in Secs. 63.3910(c)(6) and
63.3920(a)(7).
(2) If an operating parameter deviates from the operating limit
specified in Table 1 to this subpart, then you must assume that the
emission capture system and add-on control device were achieving zero
efficiency during the time period of the deviation. For the purposes of
completing the compliance calculations specified in Sec. 63.3961(h),
you must treat the materials used during a deviation on a controlled
coating operation as if they were used on an uncontrolled coating
operation for the time period of the deviation as indicated in Equation
1 of Sec. 63.3961.
(d) You must meet the requirements for bypass lines in
Sec. 63.3968(b) for controlled coating operations for which you do not
conduct liquid-liquid material balances. If any bypass line is opened
and emissions are diverted to the atmosphere when the coating operation
is running, this is a deviation that must be reported as specified in
Secs. 63.3910(c)(6) and 63.3920(a)(7). For the purposes of completing
the compliance calculations specified in Secs. 63.3961(h), you must
treat the materials used during a deviation on a controlled coating
operation as if they were used on an uncontrolled coating operation for
the time period of the
[[Page 52815]]
deviation as indicated in Equation 1 of Sec. 63.3961.
(e) You must demonstrate continuous compliance with the work
practice standards in Sec. 63.3893. If you did not develop a work
practice plan, or you did not implement the plan, or you did not keep
the records required by Sec. 63.3930(k)(8), this is a deviation from
the work practice standards that must be reported as specified in
Secs. 63.3910(c)(6) and 63.3920(a)(7).
(f) As part of each semiannual compliance report required in
Sec. 63.3920, you must identify the coating operation(s) for which you
used the emission rate with add-on controls option. If there were no
deviations from the emission limitations, submit a statement that you
were in compliance with the emission limitations during the reporting
period because the organic HAP emission rate for each compliance period
was less than or equal to the applicable emission limit in
Sec. 63.3890, and you achieved the operating limits required by
Sec. 63.3892 and the work practice standards required by Sec. 63.3893
during each compliance period.
(g) During periods of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency, you must
operate in accordance with the startup, shutdown, and malfunction plan
required by Sec. 63.3900(d).
(h) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that
occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with the startup, shutdown, and
malfunction plan. The Administrator will determine whether deviations
that occur during a period you identify as a startup, shutdown, or
malfunction are violations according to the provisions in Sec. 63.6(e).
(i) [Reserved]
(j) You must maintain records as specified in Secs. 63.3930 and
63.3931.
Sec. 63.3964 What are the general requirements for performance tests?
(a) You must conduct each performance test required by Sec. 63.3960
according to the requirements in Sec. 63.7(e)(1) and under the
conditions in this section unless you obtain a waiver of the
performance test according to the provisions in Sec. 63.7(h).
(1) Representative coating operation operating conditions. You must
conduct the performance test under representative operating conditions
for the coating operation. Operations during periods of startup,
shutdown, or malfunction, and during periods of nonoperation do not
constitute representative conditions. You must record the process
information that is necessary to document operating conditions during
the test and explain why the conditions represent normal operation.
(2) Representative emission capture system and add-on control
device operating conditions. You must conduct the performance test when
the emission capture system and add-on control device are operating at
a representative flow rate, and the add-on control device is operating
at a representative inlet concentration. You must record information
that is necessary to document emission capture system and add-on
control device operating conditions during the test and explain why the
conditions represent normal operation.
(b) You must conduct each performance test of an emission capture
system according to the requirements in Sec. 63.3965. You must conduct
each performance test of an add-on control device according to the
requirements in Sec. 63.3966.
Sec. 63.3965 How do I determine the emission capture system
efficiency?
You must use the procedures and test methods in this section to
determine capture efficiency as part of the performance test required
by Sec. 63.3960.
(a) Assuming 100 percent capture efficiency. You may assume the
capture system efficiency is 100 percent if both of the conditions in
paragraphs (a)(1) and (2) of this section are met:
(1) The capture system meets the criteria in Method 204 of appendix
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from
the enclosure to an add-on control device.
(2) All coatings, thinners, and cleaning materials used in the
coating operation are applied within the capture system; coating
solvent flash-off and coating, curing, and drying occurs within the
capture system; and the removal of or evaporation of cleaning materials
from the surfaces they are applied to occurs within the capture system.
For example, this criterion is not met if parts enter the open shop
environment when being moved between a spray booth and a curing oven.
(b) Measuring capture efficiency. If the capture system does not
meet both of the criteria in paragraphs (a)(1) and (2) of this section,
then you must use one of the three protocols described in paragraphs
(c), (d), and (e) of this section to measure capture efficiency. The
capture efficiency measurements use TVH capture efficiency as a
surrogate for organic HAP capture efficiency. For the protocols in
paragraphs (c) and (d) of this section, the capture efficiency
measurement must consist of three test runs. Each test run must be at
least 3 hours duration or the length of a production run, whichever is
longer, up to 8 hours. For the purposes of this test, a production run
means the time required for a single part to go from the beginning to
the end of production, which includes surface preparation activities
and drying or curing time.
(c) Liquid-to-uncaptured-gas protocol using a temporary total
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol
compares the mass of liquid TVH in materials used in the coating
operation to the mass of TVH emissions not captured by the emission
capture system. Use a temporary total enclosure or a building enclosure
and the procedures in paragraphs (c)(1) through (6) of this section to
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
(1) Either use a building enclosure or construct an enclosure
around the coating operation where coatings, thinners, and cleaning
materials are applied, and all areas where emissions from these applied
coatings and materials subsequently occur, such as flash-off, curing,
and drying areas. The areas of the coating operation where capture
devices collect emissions for routing to an add-on control device, such
as the entrance and exit areas of an oven or spray booth, must also be
inside the enclosure. The enclosure must meet the applicable definition
of a temporary total enclosure or building enclosure in Method 204 of
appendix M to 40 CFR part 51.
(2) Use Method 204A or F of appendix M to 40 CFR part 51 to
determine the mass fraction, kg TVH per kg material, of TVH liquid
input from each coating, thinner, and cleaning material used in the
coating operation during each capture efficiency test run. To make the
determination, substitute TVH for each occurrence of the term volatile
organic compounds (VOC) in the methods.
(3) Use Equation 1 of this section to calculate the total mass of
TVH liquid input from all the coatings, thinners, and cleaning
materials used in the coating operation during each capture efficiency
test run.
[[Page 52816]]
[GRAPHIC] [TIFF OMITTED] TP13AU02.022
Where:
TVHused = mass of liquid TVH in materials used in the
coating operation during the capture efficiency test run, kg.
TVHi = mass fraction of TVH in coating, thinner, or cleaning
material, i, that is used in the coating operation during the capture
efficiency test run, kg TVH per kg material.
Voli = total volume of coating, thinner, or cleaning
material, i, used in the coating operation during the capture
efficiency test run, liters.
Di = density of coating, thinner, or cleaning material, i,
kg material per liter material.
n = number of different coatings, thinners, and cleaning materials used
in the coating operation during the capture efficiency test run.
(4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure
the total mass, kg, of TVH emissions that are not captured by the
emission capture system; they are measured as they exit the temporary
total enclosure or building enclosure during each capture efficiency
test run. To make the measurement, substitute TVH for each occurrence
of the term VOC in the methods.
(i) Use Method 204D if the enclosure is a temporary total
enclosure.
(ii) Use Method 204E if the enclosure is a building enclosure.
During the capture efficiency measurement, all organic compound
emitting operations inside the building enclosure, other than the
coating operation for which capture efficiency is being determined,
must be shut down, but all fans and blowers must be operating normally.
(5) For each capture efficiency test run, determine the percent
capture efficiency of the emission capture system using Equation 2 of
this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.023
Where:
CE = capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVHused = total mass of TVH liquid input used in the coating
operation during the capture efficiency test run, kg.
TVHuncaptured = total mass of TVH that is not captured by
the emission capture system and that exits from the temporary total
enclosure or building enclosure during the capture efficiency test run,
kg.
(6) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(d) Gas-to-gas protocol using a temporary total enclosure or a
building enclosure. The gas-to-gas protocol compares the mass of TVH
emissions captured by the emission capture system to the mass of TVH
emissions not captured Use a temporary total enclosure or a building
enclosure and the procedures in paragraphs (d)(1) through (5) of this
section to measure emission capture system efficiency using the gas-to-
gas protocol.
(1) Either use a building enclosure or construct an enclosure
around the coating operation where coatings, thinners, and cleaning
materials are applied, and all areas where emissions from these applied
coatings and materials subsequently occur, such as flash-off, curing,
and drying areas. The areas of the coating operation where capture
devices collect emissions generated by the coating operation for
routing to an add-on control device, such as the entrance and exit
areas of an oven or a spray booth, must also be inside the enclosure.
The enclosure must meet the applicable definition of a temporary total
enclosure or building enclosure in Method 204 of appendix M to 40 CFR
part 51.
(2) Use Method 204B or C of appendix M to 40 CFR part 51 to measure
the total mass, kg, of TVH emissions captured by the emission capture
system during each capture efficiency test run as measured at the inlet
to the add-on control device. To make the measurement, substitute TVH
for each occurrence of the term VOC in the methods.
(i) The sampling points for the Method 204B or C measurement must
be upstream from the add-on control device and must represent total
emissions routed from the capture system and entering the add-on
control device.
(ii) If multiple emission streams from the capture system enter the
add-on control device without a single common duct, then the emissions
entering the add-on control device must be simultaneously measured in
each duct and the total emissions entering the add-on control device
must be determined.
(3) Use Method 204D or E of appendix M to 40 CFR part 51 to measure
the total mass, kg, of TVH emissions that are not captured by the
emission capture system; they are measured as they exit the temporary
total enclosure or building enclosure during each capture efficiency
test run. To make the measurement, substitute TVH for each occurrence
of the term VOC in the methods.
(i) Use Method 204D if the enclosure is a temporary total
enclosure.
(ii) Use Method 204E if the enclosure is a building enclosure.
During the capture efficiency measurement, all organic compound
emitting operations inside the building enclosure, other than the
coating operation for which capture efficiency is being determined,
must be shut down, but all fans and blowers must be operating normally.
(4) For each capture efficiency test run, determine the percent
capture efficiency of the emission capture system using Equation 3 of
this section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.024
[[Page 52817]]
Where:
CE = capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVHcaptured = total mass of TVH captured by the emission
capture system as measured at the inlet to the add-on control device
during the emission capture efficiency test run, kg.
TVHuncaptured = total mass of TVH that is not captured by
the emission capture system and that exits from the temporary total
enclosure or building enclosure during the capture efficiency test run,
kg.
(5) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(e) Alternative capture efficiency protocol. As an alternative to
the procedures specified in paragraphs (c) and (d) of this section, you
may determine capture efficiency using any other capture efficiency
protocol and test methods that satisfy the criteria of either the DQO
or LCL approach as described in appendix A to subpart KK of this part.
Sec. 63.3966 How do I determine the add-on control device emission
destruction or removal efficiency?
You must use the procedures and test methods in this section to
determine the add-on control device emission destruction or removal
efficiency as part of the performance test required by Sec. 63.3960.
You must conduct three test runs as specified in Sec. 63.7(e)(3) and
each test run must last at least 1 hour.
(a) For all types of add-on control devices, use the test methods
specified in paragraphs (a)(1) through (5) of this section.
(1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as
appropriate, to select sampling sites and velocity traverse points.
(2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR
part 60, as appropriate, to measure gas volumetric flow rate.
(3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as
appropriate, for gas analysis to determine dry molecular weight.
(4) Use Method 4 of appendix A to 40 CFR part 60, to determine
stack gas moisture.
(5) Methods for determining gas volumetric flow rate, dry molecular
weight, and stack gas moisture must be performed, as applicable, during
each test run.
(b) Measure total gaseous organic mass emissions as carbon at the
inlet and outlet of the add-on control device simultaneously, using
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified
in paragraphs (b)(1) through (3) of this section. You must use the same
method for both the inlet and outlet measurements.
(1) Use Method 25 if the add-on control device is an oxidizer and
you expect the total gaseous organic concentration as carbon to be more
than 50 parts per million (ppm) at the control device outlet.
(2) Use Method 25A if the add-on control device is an oxidizer and
you expect the total gaseous organic concentration as carbon to be 50
ppm or less at the control device outlet.
(3) Use Method 25A if the add-control device is not an oxidizer.
(c) If two or more add-on control devices are used for the same
emission stream, then you must measure emissions at the outlet of each
device. For example, if one add-on control device is a concentrator
with an outlet for the high-volume, dilute stream that has been treated
by the concentrator, and a second add-on control device is an oxidizer
with an outlet for the low-volume, concentrated stream that is treated
with the oxidizer, you must measure emissions at the outlet of the
oxidizer and the high volume dilute stream outlet of the concentrator.
(d) For each test run, determine the total gaseous organic
emissions mass flow rates for the inlet and the outlet of the add-on
control device, using Equation 1 of this section. If there is more than
one inlet or outlet to the add-on control device, you must calculate
the total gaseous organic mass flow rate using Equation 1 of this
section for each inlet and each outlet and then total all of the inlet
emissions and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TP13AU02.025
Where:
Mf = total gaseous organic emissions mass flow rate, kg/per
hour (h).
Cc = concentration of organic compounds as carbon in the
vent gas, as determined by Method 25 or Method 25A, parts per million
by volume (ppmv), dry basis.
Qsd = volumetric flow rate of gases entering or exiting the
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or
2G, dry standard cubic meters/hour (dscm/h).
0.0416 = conversion factor for molar volume, kg-moles per cubic meter
(mol/m3) (@ 293 Kelvin (K) and 760 millimeters of mercury
(mmHg).
(e) For each test run, determine the add-on control device organic
emissions destruction or removal efficiency, using Equation 2 of this
section:
[GRAPHIC] [TIFF OMITTED] TP13AU02.026
Where:
DRE = organic emissions destruction or removal efficiency of the add-on
control device, percent.
Mfi = total gaseous organic emissions mass flow rate at the
inlet(s) to the add-on control device, using Equation 1 of this
section, kg/h.
Mfo = total gaseous organic emissions mass flow rate at the
outlet(s) of the add-on control device, using Equation 1 of this
section, kg/h.
(f) Determine the emission destruction or removal efficiency of the
add-on control device as the average of the efficiencies determined in
the three test runs and calculated in Equation 2 of this section.
Sec. 63.3967 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
During the performance test required by Sec. 63.3960 and described
in Secs. 63.3964, 63.3965, and 63.3966, you must establish the
operating limits required by Sec. 63.3892 according to this section,
unless you have received approval for alternative monitoring and
operating limits under Sec. 63.8(f) as specified in Sec. 63.3892.
(a) Thermal oxidizers. If your add-on control device is a thermal
oxidizer, establish the operating limits according to paragraphs (a)(1)
and (2) of this section.
(1) During the performance test, you must monitor and record the
combustion temperature at least once every 15 minutes during each of
the three test runs. You must monitor the temperature in the firebox of
the thermal oxidizer or immediately downstream of the firebox before
any substantial heat exchange occurs.
(2) Use the data collected during the performance test to calculate
and record the average combustion temperature maintained during the
performance test. This average combustion temperature is the minimum
operating limit for your thermal oxidizer.
(b) Catalytic oxidizers. If your add-on control device is a
catalytic oxidizer, establish the operating limits according to either
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
(1) During the performance test, you must monitor and record the
temperature just before the catalyst bed and the temperature difference
across the catalyst bed at least once every 15
[[Page 52818]]
minutes during each of the three test runs.
(2) Use the data collected during the performance test to calculate
and record the average temperature just before the catalyst bed and the
average temperature difference across the catalyst bed maintained
during the performance test. These are the minimum operating limits for
your catalytic oxidizer.
(3) As an alternative to monitoring the temperature difference
across the catalyst bed, you may monitor the temperature at the inlet
to the catalyst bed and implement a site-specific inspection and
maintenance plan for your catalytic oxidizer as specified in paragraph
(b)(4) of this section. During the performance test, you must monitor
and record the temperature just before the catalyst bed at least once
every 15 minutes during each of the three test runs. Use the data
collected during the performance test to calculate and record the
average temperature just before the catalyst bed during the performance
test. This is the minimum operating limit for your catalytic oxidizer.
(4) You must develop and implement an inspection and maintenance
plan for your catalytic oxidizer(s) for which you elect to monitor
according to paragraph (b)(3) of this section. The plan must address,
at a minimum, the elements specified in paragraphs (b)(4)(i) through
(iii) of this section.
(i) Annual sampling and analysis of the catalyst activity (i.e.,
conversion efficiency) following the manufacturer's or catalyst
supplier's recommended procedures.
(ii) Monthly inspection of the oxidizer system, including the
burner assembly and fuel supply lines for problems and, as necessary,
adjust the equipment to assure proper air-to-fuel mixtures.
(iii) Annual internal and monthly external visual inspection of the
catalyst bed to check for channeling, abrasion, and settling. If
problems are found, you must replace the catalyst bed and conduct a new
performance test to determine destruction efficiency according to
Sec. 63.3966.
(c) Carbon adsorbers. If your add-on control device is a carbon
adsorber, establish the operating limits according to paragraphs (c)(1)
and (2) of this section.
(1) You must monitor and record the total regeneration desorbing
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle,
and the carbon bed temperature after each carbon bed regeneration and
cooling cycle for the regeneration cycle either immediately preceding
or immediately following the performance test.
(2) The operating limits for your carbon adsorber are the minimum
total desorbing gas mass flow recorded during the regeneration cycle
and the maximum carbon bed temperature recorded after the cooling
cycle.
(d) Condensers. If your add-on control device is a condenser,
establish the operating limits according to paragraphs (d)(1) and (2)
of this section.
(1) During the performance test, you must monitor and record the
condenser outlet (product side) gas temperature at least once every 15
minutes during each of the three test runs.
(2) Use the data collected during the performance test to calculate
and record the average condenser outlet (product side) gas temperature
maintained during the performance test. This average condenser outlet
gas temperature is the maximum operating limit for your condenser.
(e) Concentrators. If your add-on control device includes a
concentrator, you must establish operating limits for the concentrator
according to paragraphs (e)(1) through (4) of this section.
(1) During the performance test, you must monitor and record the
desorption concentrate stream gas temperature at least once every 15
minutes during each of the three runs of the performance test.
(2) Use the data collected during the performance test to calculate
and record the average temperature. This is the minimum operating limit
for the desorption concentrate gas stream temperature.
(3) During the performance test, you must monitor and record the
pressure drop of the dilute stream across the concentrator at least
once every 15 minutes during each of the three runs of the performance
test.
(4) Use the data collected during the performance test to calculate
and record the average pressure drop. This is the maximum operating
limit for the dilute stream across the concentrator.
(f) Emission capture systems. For each capture device that is not
part of a PTE that meets the criteria of Sec. 63.3965(a), establish an
operating limit for either the gas volumetric flow rate or duct static
pressure, as specified in paragraphs (f)(1) and (2) of this section.
The operating limit for a PTE is specified in Table 1 to this subpart.
(1) During the capture efficiency determination required by
Sec. 63.3960 and described in Secs. 63.3964 and 63.3965, you must
monitor and record either the gas volumetric flow rate or the duct
static pressure for each separate capture device in your emission
capture system at least once every 15 minutes during each of the three
test runs at a point in the duct between the capture device and the
add-on control device inlet.
(2) Calculate and record the average gas volumetric flow rate or
duct static pressure for the three test runs for each capture device.
This average gas volumetric flow rate or duct static pressure is the
minimum operating limit for that specific capture device.
Sec. 63.3968 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?
(a) General. You must install, operate, and maintain each CPMS
specified in paragraphs (c), (e), (f), and (g) of this section
according to paragraphs (a)(1) through (6) of this section. You must
install, operate, and maintain each CPMS specified in paragraphs (b)
and (d) of this section according to paragraphs (a)(3) through (5) of
this section.
(1) The CPMS must complete a minimum of one cycle of operation for
each successive 15-minute period. You must have a minimum of four
equally spaced successive cycles of CPMS operation in 1 hour.
(2) You must determine the average of all recorded readings for
each successive 3-hour period of the emission capture system and add-on
control device operation.
(3) You must record the results of each inspection, calibration,
and validation check of the CPMS.
(4) You must maintain the CPMS at all times and have available
necessary parts for routine repairs of the monitoring equipment.
(5) You must operate the CPMS and collect emission capture system
and add-on control device parameter data at all times that a controlled
coating operation is operating, except during monitoring malfunctions,
associated repairs, and required quality assurance or control
activities (including, if applicable, calibration checks and required
zero and span adjustments).
(6) You must not use emission capture system or add-on control
device parameter data recorded during monitoring malfunctions,
associated repairs, out-of-control periods, or required quality
assurance or control activities when calculating data averages. You
must use all the data collected during all other periods in calculating
the data averages for determining compliance with the emission capture
system and add-on control device operating limits.
(7) A monitoring malfunction is any sudden, infrequent, not
reasonably preventable failure of the CPMS to provide valid data.
Monitoring failures that are caused in part by poor
[[Page 52819]]
maintenance or careless operation are not malfunctions. Any period for
which the monitoring system is out-of-control and data are not
available for required calculations is a deviation from the monitoring
requirements.
(b) Capture system bypass line. You must meet the requirements of
paragraphs (b)(1) and (2) of this section for each emission capture
system that contains bypass lines that could divert emissions away from
the 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 (b)(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 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 monitoring. Ensure that any bypass line valve
is in the closed (nondiverting) 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 coating operation is stopped when flow is diverted by the
bypass line away from the add-on control device to the atmosphere when
the coating operation is running. You must inspect the automatic
shutdown system at least once every month to verify that it will detect
diversions of flow and shut down the coating operation.
(2) If any bypass line is opened, you must include a description of
why the bypass line was opened and the length of time it remained open
in the semiannual compliance reports required in Sec. 63.3920.
(c) Thermal oxidizers and catalytic oxidizers. If you are using a
thermal oxidizer or catalytic oxidizer as an add-on control device
(including those used with concentrators or with carbon adsorbers to
treat desorbed concentrate streams), you must comply with the
requirements in paragraphs (c)(1) through (3) of this section.
(1) For a thermal oxidizer, install a gas temperature monitor in
the firebox of the thermal oxidizer or in the duct immediately
downstream of the firebox before any substantial heat exchange occurs.
(2) For a catalytic oxidizer, install gas temperature monitors both
upstream and downstream of the catalyst bed. The temperature monitors
must be in the gas stream immediately before and after the catalyst bed
to measure the temperature difference across the bed.
(3) For all thermal oxidizers and catalytic oxidizers, you must
meet the requirements in paragraph (a) and paragraph (c)(3)(i) through
(vii) of this section for each gas temperature monitoring device.
(i) Locate the temperature sensor in a position that provides a
representative temperature.
(ii) Use a temperature sensor with a measurement sensitivity of 4
degrees Fahrenheit or 0.75 percent of the temperature value, whichever
is larger.
(iii) Shield the temperature sensor system from electromagnetic
interference and chemical contaminants.
(iv) If a gas temperature chart recorder is used, it must have a
measurement sensitivity in the minor division of at least 20 degrees
Fahrenheit.
(v) Perform an electronic calibration at least semiannually
according to the procedures in the manufacturer's owners manual.
Following the electronic calibration, you must conduct a temperature
sensor validation check in which a second or redundant temperature
sensor placed nearby the process temperature sensor must yield a
reading within 30 degrees Fahrenheit of the process temperature sensor
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 components for integrity and
electrical connections for continuity, oxidation, and galvanic
corrosion.
(d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle,
the carbon bed temperature after each regeneration and cooling cycle,
and comply with paragraphs (a)(3) through (5) and paragraphs (d)(1) and
(2) of this section.
(1) The regeneration desorbing gas mass flow monitor must be an
integrating device having a measurement sensitivity of plus or minus 10
percent capable of recording the total regeneration desorbing gas mass
flow for each regeneration cycle.
(2) The carbon bed temperature monitor must have a measurement
sensitivity of 1 percent of the temperature recorded or 1 degree
Fahrenheit, whichever is greater, and must be capable of recording the
temperature within 15 minutes of completing any carbon bed cooling
cycle.
(e) Condensers. If you are using a condenser, you must monitor the
condenser outlet (product side) gas temperature and comply with
paragraph (a) and paragraphs (e)(1) and (2) of this section.
(1) The gas temperature monitor must have a measurement sensitivity
of 1 percent of the temperature recorded or 1 degree Fahrenheit,
whichever is greater.
(2) The temperature monitor must provide a gas temperature record
at least once every 15 minutes.
(f) Concentrators. If you are using a concentrator, such as a
zeolite wheel or rotary carbon bed concentrator, you must comply with
the requirements in paragraphs (f)(1) and (2) of this section.
(1) You must install a temperature monitor in the desorption gas
stream. The temperature monitor must meet the requirements in paragraph
(a) and paragraph (c)(3) of this section.
(2) You must install a device to monitor pressure drop across the
zeolite wheel or rotary carbon bed. The pressure monitoring device must
meet the requirements in paragraph (a) and paragraphs (f)(2)(i) through
(vii) of this section.
(i) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure.
(ii) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(iii) Use a gauge with a minimum tolerance of 0.5 inch of water or
a
[[Page 52820]]
transducer with a minimum tolerance of 1 percent of the pressure range.
(iv) Check the pressure tap daily.
(v) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
(vi) Conduct calibration checks anytime the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(vii) At least monthly, inspect components for integrity,
electrical connections for continuity, and mechanical connections for
leakage.
(g) Emission capture systems. The capture system monitoring system
must comply with the applicable requirements in paragraphs (g)(1) and
(2) of this section.
(1) For each flow measurement device, you must meet the
requirements in paragraph (a) and paragraphs (g)(1)(i) through (iv) of
this section.
(i) Locate a flow sensor in a position that provides a
representative flow measurement in the duct from each capture device in
the emission capture system to the add-on control device.
(ii) 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 components for integrity, electrical
connections for continuity, and mechanical connections for leakage.
(2) For each pressure drop measurement device, you must comply with
the requirements in paragraph (a) and paragraphs (g)(2)(i) through (vi)
of this section.
(i) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure drop across each
opening you are monitoring.
(ii) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(iii) Check pressure tap pluggage daily.
(iv) Using an inclined manometer with a measurement sensitivity of
0.0002 inch water, check gauge calibration quarterly and transducer
calibration monthly.
(v) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(vi) At least monthly, inspect components for integrity, electrical
connections for continuity, and mechanical connections for leakage.
Other Requirements and Information
Sec. 63.3980 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by us, the U.S.
EPA, or a delegated authority such as your State, local, or tribal
agency. If the Administrator has delegated authority to your State,
local, or tribal agency, then that agency (as well as the EPA) has the
authority to implement and enforce this subpart. You should contact
your EPA Regional Office to find out if implementation and enforcement
of this subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator and are not transferred to the State,
local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are as follows:
(1) Approval of alternatives to the work practice standards in
Sec. 63.3893 under Sec. 63.6(g).
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f)
and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f) and as defined in Sec. 63.90.
Sec. 63.3981 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
the General Provisions of this part, and in this section as follows:
Add-on control means an air pollution control device, such as a
thermal oxidizer or carbon adsorber, that reduces pollution in an air
stream by destruction or removal before discharge to the atmosphere.
Adhesive means any chemical substance that is applied for the
purpose of bonding two surfaces together.
Capture device means a hood, enclosure, room, floor sweep, or other
means of containing or collecting emissions and directing those
emissions into an add-on air pollution control device.
Capture efficiency or capture system efficiency means the portion
(expressed as a percentage) of the pollutants from an emission source
that is delivered to an add-on control device.
Capture system means one or more capture devices intended to
collect emissions generated by a coating operation in the use of
coatings or cleaning materials, both at the point of application and at
subsequent points where emissions from the coatings or cleaning
materials occur, such as flashoff, drying, or curing. As used in this
subpart, multiple capture devices that collect emissions generated by a
coating operation are considered a single capture system.
Cleaning material means a solvent used to remove contaminants and
other materials, such as dirt, grease, oil, and dried or wet coating
(e.g., depainting), from a substrate before or after coating
application or from equipment associated with a coating operation, such
as spray booths, spray guns, racks, tanks, and hangers. Thus, it
includes any cleaning material used on substrates or equipment or both.
Coating means a material applied to a substrate for decorative,
protective, or functional purposes. Such materials include, but are not
limited to, paints, sealants, caulks, inks, adhesives, and maskants.
Decorative, protective, or functional materials that consist only of
protective oils for metal, acids, bases, or any combination of these
substances are not considered coatings for the purposes of this
subpart.
Coating operation means equipment used to apply cleaning materials
to a substrate to prepare it for coating application or to remove dried
coating from a substrate to prepare for the application of a coating
(surface preparation), to apply coating to a substrate (coating
application) and to dry or cure the coating after application, or to
clean coating operation equipment (equipment cleaning). A single
coating operation may include any combination of these types of
equipment, but always includes at least the point at which a coating or
cleaning material is applied and all subsequent points in the affected
source where organic HAP emissions from that coating or cleaning
material occur. There may be multiple coating operations in an affected
source. Coating application with hand-held nonrefillable aerosol
containers, touchup markers, or marking pens is not a coating operation
for the purposes of this subpart.
Coating solids means the nonvolatile portion of the coating that
makes up the dry film.
Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, used to sample, condition
(if applicable), analyze, and provide a record of coating
[[Page 52821]]
operation, or capture system, or add-on control device parameters.
Controlled coating operation means a coating operation from which
some or all of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limit, or operating
limit, or work practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emission limit, or operating limit, or work
practice standard in this subpart during startup, shutdown, or
malfunction, regardless of whether or not such failure is permitted by
this subpart.
Emission limitation means an emission limit, operating limit, or
work practice standard.
Enclosure means a structure that surrounds a source of emissions
and captures and directs the emissions to an add-on control device.
Exempt compound means a specific compound that is not considered a
VOC due to negligible photochemical reactivity. The exempt compounds
are listed in 40 CFR 51.100(s).
Facility maintenance means the routine repair or renovation
(including the surface coating) of the tools, equipment, machinery, and
structures that comprise the infrastructure of the affected facility
and that are necessary for the facility to function in its intended
capacity.
General use coating means any material that meets the definition of
``coating'' but does not meet the definition of ``high performance
coating,'' ``rubber to metal coating,'' or ``magnet wire coating'' as
defined in this section.
High performance architectural coating means any coating applied to
architectural subsections which is required to meet the specifications
of Architectural Aluminum Manufacturer's Association's publication
number AAMA 605.2-1980.
High performance coating means any coating that meets the
definition of ``high performance architectural coating,'' ``high
temperature coating,'' or ``military combat, tactical, and munitions
coating'' in this section.
High temperature coating means any coating applied to a substrate
which during normal use must withstand temperatures of at least 538
degrees Celcius (1000 degrees Fahrenheit).
Magnet wire coating means any coating applied to wire that will
subsequently be used in the fabrication of electrical devices such as
motors or generators.
Manufacturer's formulation data means data on a material (such as a
coating) that are supplied by the material manufacturer based on
knowledge of the ingredients used to manufacture that material, rather
than based on testing of the material with the test methods specified
in Sec. 63.3941. Manufacturer's formulation data may include, but are
not limited to, information on density, organic HAP content, volatile
organic matter content, and coating solids content.
Mass fraction of organic HAP means the ratio of the mass of organic
HAP to the mass of a material in which it is contained, expressed as kg
of organic HAP per kg of material.
Military combat, tactical, and munitions coating means coating
materials and/or groups of coating materials that singularly or in
combination provide military-unique performance and/or battlefield
survival capabilities. These coatings include all coating components
that have been qualified, or must be compatible with components that
are qualified, by the military under a military specification, standard
or equivalent as providing military-unique performance and battlefield
survival capabilities.
Month means a calendar month or a pre-specified period of 28 days
to 35 days, to allow for flexibility in recordkeeping when data are
based on a business accounting period.
Organic HAP content means the mass of organic HAP per volume of
coating solids for a coating calculated using Equation 1 of
Sec. 63.3941. The organic HAP content is determined for the coating in
the condition it is in when received from its manufacturer or supplier
and does not account for any alteration after receipt.
Permanent total enclosure (PTE) means a permanently installed
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR
part 51, for a PTE and that directs all the exhaust gases from the
enclosure to an add-on control device.
Protective oil means an organic material that is applied to metal
for the purpose of providing lubrication or protection from corrosion
without forming a solid film. This definition of protective oil
includes, but is not limited to, lubricating oils, evaporative oils
(including those that evaporate completely), and extrusion oils.
Research or laboratory facility means a facility whose primary
purpose is for research and development of new processes and products,
that is conducted under the close supervision of technically trained
personnel, and is not engaged in the manufacture of final or
intermediate products for commercial purposes, except in a de minimis
manner.
Responsible official means responsible official as defined in 40
CFR 70.2.
Rubber to metal coating means the coatings that are applied to a
metal substrate to provide an adhesive surface necessary for a rubber
component to be bonded to the substrate.
Startup, initial means the first time equipment is brought online
in a facility.
Surface preparation means use of a cleaning material on a portion
of or all of a substrate. This includes use of a cleaning material to
remove dried coating (referred to as paint stripping or depainting) for
the purpose of preparing a substrate for application a coating.
Temporary total enclosure means an enclosure constructed for the
purpose of measuring the capture efficiency of pollutants emitted from
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
Thinner means an organic solvent that is added to a coating after
the coating is received from the supplier.
Total volatile hydrocarbon (TVH) means the total amount of
nonaqueous volatile organic matter determined according to Methods 204
and 204A through 204F of appendix M to 40 CFR part 51 and substituting
the term TVH each place in the methods where the term VOC is used. The
TVH includes both VOC and non-VOC.
Uncontrolled coating operation means a coating operation from which
none of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Volatile organic compound (VOC) means any compound defined as VOC
in 40 CFR 51.100(s).
Volume fraction of coating solids means the ratio of the volume of
coating solids (also known as volume of nonvolatiles) to the volume of
coating; liters of coating solids per liter of coating.
Wastewater means water that is generated in a coating operation and
is collected, stored, or treated prior to being discarded or
discharged.
[[Page 52822]]
If you are required to comply with operating limits by
Sec. 63.3892, you must comply with the applicable operating limits in
the following table:
Table 1 to Subpart MMMM of Part 63.--Operating Limits if Using the Emission Rate With Add-on Controls Option
----------------------------------------------------------------------------------------------------------------
And you must demonstrate continuous
For the following device* * * You must meet the following operating compliance with the operating limit
limit * * * * * *
----------------------------------------------------------------------------------------------------------------
1. thermal oxidizer................ a. the average combustion temperature i. collecting the combustion
in any 3-hour period must not fall temperature combustion data
below the combustion temperature according to Sec. 63.3968(c);
limit established according to Sec. ii. reducing the data to 3-hour
63.3967(a). block averages; and
iii. maintaining the 3-hour average
combustion temperature at or above
the temperature limit.
----------------------------------------------------------------------------------------------------------------
2. catalytic oxidizer.............. a. the average temperature measured i. collecting the temperature data
just before the catalyst bed in any according to Sec. 63.3968(c);
3-hour period must not fall below ii. reducing the data to 3-hour
the limit established according to block averages; and
Sec. 63.3967(b); and either. iii. maintaining the 3-hour average
temperature before the catalyst bed
at or above the temperature limit.
b. ensure that the average i. collecting the temperature data
temperature difference across the according to Sec. 63.3968(c);
catalyst bed in any 3-hour period ii. reducing the data to 3-hour
does not fall below the temperature block averages; and
difference limit established iii. maintaining the 3-hour average
according to Sec. 63.3967(b)(2); or. temperature difference at or above
the temperature difference limit.
c. develop and implement an i. maintaining an up-to-date
inspection and maintenance plan inspection and maintenance plan,
according to Sec. 63.3967(b)(4). records of annual catalyst activity
checks, records of monthly
inspections of the oxidizer system,
and records of the annual internal
inspections of the catalyst bed. If
a problem is discovered during a
monthly or annual inspection
required by Sec. 63.3967(b)(4),
you must take corrective action as
soon as practicable consistent with
the manufacturer's recommendations.
----------------------------------------------------------------------------------------------------------------
3. carbon adsorber................. a. the total regeneration desorbing i. measuring the total regeneration
gas (e.g., steam or nitrogen) mass desorbing gas (e.g., steam or
flow for each carbon bed nitrogen) mass flow for each
regeneration cycle must not fall regeneration cycle according to
below the total regeneration Sec. 63.3968(d); and
desorbing gas mass flow limit ii. maintaining the total
established according to Sec. regeneration desorbing gas mass
63.3967(c). flow at or above the mass flow
limit.
b. the temperature of the carbon bed, i. measuring the total regeneration
after completing each regeneration desorbing gas (e.g., steam or
and any cooling cycle, must not nitrogen) mass flow for each
exceed the carbon bed temperature regeneration cycle according to
limit established according to Sec. Sec. 63.3968(d); and
63.3967(c). ii. operating the carbon beds such
that each carbon bed is not
returned to service until
completing each regeneration and
any cooling cycle until the
recorded temperature of the carbon
bed is at or below the temperature
limit.
----------------------------------------------------------------------------------------------------------------
4. condenser....................... a. the average condenser outlet i. collecting the condenser outlet
(product side) gas temperature in (product side) gas temperature
any 3-hour period must not exceed according to Sec. 63.3968(e);
the temperature limit established ii. reducing the data to 3-hour
according to Sec. 63.3967(d). block averages; and
iii. maintaining the 3-hour average
gas temperature at the outlet at or
below the temperature limit.
----------------------------------------------------------------------------------------------------------------
5. concentrators, including zeolite a. the average gas temperature i. collecting the temperature data
wheels and rotary carbon adsorbers. desorption concentrate stream in any according to 63.3968(f);
3-hour period must not fall below ii. reducing the data to 3-hour
the limit established according to block averages; and
Sec. 63.3967(e). iii. maintaining the 3-hour average
temperature at or above the
temperature limit.
b. the average pressure drop of the i. collecting the pressure drop data
dilute stream across the according to 63.3968(f); and
concentrator in any 3-hour period ii. reducing the pressure drop data
must not fall below the limit to 3-hour block averages; and
established according to Sec. iii. maintaining the 3-hour average
63.3967(e). pressure drop at or above the
pressure drop limit.
----------------------------------------------------------------------------------------------------------------
[[Page 52823]]
6. emission capture system that is a. the direction of the air flow at i. collecting the direction of air
a PTE according to Sec. all times must be into the flow, and either the according to
63.3965(a). enclosure; and either. Sec. 63.3968(g)(1) or the
b. the average facial velocity of air according to enclosure; and
through all natural draft openings pressure drop across the according
in the enclosure at all at least 200 to Sec. 63.3968(g)(2); and
feet per minute; or. ii. maintaining the facial velocity
c. the pressure drop across the of air flow through all natural
enclosure must be at least 0.007 draft openings or the pressure drop
inch H2O, as established in Method at or above the facial velocity
204 of appendix M to 40 CFR part 51.. limit or pressure drop limit, and
maintaining the direction of air
flow into enclosure at all times.
----------------------------------------------------------------------------------------------------------------
7. emission capture system that is a. the average gas volumetric flow i. collecting the gas volumetric
not a PTE according to Sec. rate or duct static pressure in each flow rate or duct static pressure
63.3965(a). duct between a capture device and for each capture device according
add-on control device inlet in any 3- to Sec. 63.3968(g);
hour period must not fall below the ii. reducing the data to 3-hour
average volumetric flow rate or duct block according averages; and
static pressure limit established iii. maintaining the 3-hour average
for that capture device according to gas volumetric flow rate or duct
Sec. 63.3967(f). static pressure for each capture
device at or above the gas
volumetric flow rate or duct static
pressure limit.
----------------------------------------------------------------------------------------------------------------
You must comply with the applicable General Provisions requirements
according to the following table:
Table 2 to Subpart MMMM of Part 63.--Applicability of General Provisions to Subpart MMMM
----------------------------------------------------------------------------------------------------------------
Applicable to
Citation Subject subpart MMMM Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(14)........ General Applicability Yes............. ........................................
Sec. 63.1(b)(1)-(3)......... Initial Applicability Yes............. Applicability to subpart MMMM is also
Determination. specified in Sec. 63.3881.
Sec. 63.1(c)(1)............. Applicability After Yes............. ........................................
Standard Established.
Sec. 63.1(c)(2)-(3)......... Applicability of No.............. Area sources are not subject to subpart
Permit Program for MMMM.
Area Sources.
Sec. 63.1(c)(4)-(5)......... Extensions and Yes............. ........................................
Notifications.
Sec. 63.1(e)................ Applicability of Yes............. ........................................
Permit Program
Before Relevant
Standard is Set.
Sec. 63.2................... Definitions.......... Yes............. Additional definitions are specified in
Sec. 63.3981.
Sec. 63.3(a)-(c)............ Units and Yes............. ........................................
Abbreviations.
Sec. 63.4(a)(1)-(5)......... Prohibited Activities Yes............. ........................................
Sec. 63.4(b)-(c)............ Circumvention/ Yes............. ........................................
Severability.
Sec. 63.5(a)................ Construction/ Yes............. ........................................
Reconstruction.
Sec. 63.5(b)(1)-(6)......... Requirements for Yes............. ........................................
Existing, Newly
Constructed, and
Reconstructed
Sources.
Sec. 63.5(d)................ Application for Yes............. ........................................
Approval of
Construction/
Reconstruction.
Sec. 63.5(e)................ Approval of Yes............. ........................................
Construction/
Reconstruction.
Sec. 63.5(f)................ Approval of Yes............. ........................................
Construction/
Reconstruction Based
on Prior State
Review.
Sec. 63.6(a)................ Compliance With Yes............. ........................................
Standards and
Maintenance
Requirements--
Applicability.
Sec. 63.6(b)(1)-(7)......... Compliance Dates for Yes............. Section 63.3883 specifies the compliance
New and dates.
Reconstructed
Sources.
Sec. 63.6(c)(1)-(5)......... Compliance Dates for Yes............. Section 63.3883 specifies the compliance
Existing Sources. dates.
Sec. 63.6(e)(1)-(2)......... Operation and Yes.............
Maintenance.
Sec. 63.6(e)(3)............. Startup, Shutdown, Yes............. Only sources using an add-on control
and Malfunction Plan. device to comply with the standard must
complete startup, shutdown, and
malfunction plans.
Sec. 63.6(f)(1)............. Compliance Except Yes............. Applies only to sources using an add-on
During Startup, control device to comply with the
Shutdown, and standards.
Malfunction.
[[Page 52824]]
Sec. 63.6(f)(2)-(3)......... Methods for Yes.............
Determining
Compliance.
Sec. 63.6(g)(1)-(3)......... Use of an Alternative Yes.............
Standard.
Sec. 63.6(h)................ Compliance With No.............. Subpart MMMM does not establish opacity
Opacity/Visible standards and does not require
Emission Standards. continuous opacity monitoring systems
(COMS).
Sec. 63.6(i)(1)-(16)........ Extension of Yes.............
Compliance.
Sec. 63.6(j)................ Presidential Yes.............
Compliance Exemption.
Sec. 63.7(a)(1)............. Performance Test Yes............. Applies to all affected sources.
Requirements--Applic Additional requirements for performance
ability. testing are specified in Secs.
63.3964, 63.3965, and 63.3966.
Sec. 63.7(a)(2)............. Performance Test Yes............. Applies only to performance tests for
Requirements--Dates. capture system and control device
efficiency at sources using these to
comply with the standards. Section
63.3960 specifies the schedule for
performance test requirements that are
earlier than those specified in Sec.
63.7(a)(2).
Sec. 63.7(a)(3)............. Performance Tests Yes.............
Required By the
Administrator.
Sec. 63.7(b)-(e)............ Performance Test Yes............. Applies only to performance tests for
Requirements--Notifi capture system and add-on control
cation, Quality device efficiency at sources using
Assurance, these to comply with the standard.
Facilities Necessary
for Safe Testing,
Conditions During
Test.
Sec. 63.7(f)................ Performance Test Yes............. Applies to all test methods except those
Requirements--Use of used to determine capture system
Alternative Test efficiency.
Method.
Sec. 63.7(g)-(h)............ Performance Test Yes............. Applies only to performance tests for
Requirements--Data capture system and add-on control
Analysis, device efficiency at sources using
Recordkeeping, these to comply with the standard.
Reporting, Waiver of
Test.
Sec. 63.8(a)(1)-(3)......... Monitoring Yes............. Applies only to monitoring of capture
Requirements--Applic system and add-on control device
ability. efficiency at sources using these to
comply with the standard. Additional
requirements for monitoring are
specified in Sec. 63.3968.
Sec. 63.8(a)(4)............. Additional Monitoring No.............. Subpart MMMM does not have monitoring
Requirements. requirements for flares.
Sec. 63.8(b)................ Conduct of Monitoring Yes............. ........................................
Sec. 63.8(c)(1)-(3)......... Continuous Monitoring Yes............. Applies only to monitoring of capture
Systems (CMS) system and add-on control device
Operation and efficiency at sources using these to
Maintenance. comply with the standard. Additional
requirements for CMS operations and
maintenance are specified in Sec.
63.3968.
Sec. 63.8(c)(4)............. CMS.................. No.............. Section 63.3968 specifies the
requirements for the operation of CMS
for capture systems and add-on control
devices at sources using these to
comply.
Sec. 63.8(c)(5)............. COMS................. No.............. Subpart MMMM does not have opacity or
visible emission standards.
Sec. 63.8(c)(6)............. CMS Requirements..... No.............. Section 63.3968 specifies the
requirements for monitoring systems for
capture systems and add-on control
devices at sources using these to
comply.
Sec. 63.8(c)(7)............. CMS Out-of-Control Yes............. ........................................
Periods.
Sec. 63.8(c)(8)............. CMS Out-of-Control No.............. Section 63.3920 requires reporting of
Periods and CMS out-of-control periods.
Reporting.
Sec. 63.8(d)-(e)............ Quality Control No.............. Subpart MMMM does not require the use of
Program and CMS continuous emissions monitoring
Performance systems.
Evaluation.
Sec. 63.8(f)(1)-(5)......... Use of an Alternative Yes............. ........................................
Monitoring Method.
Sec. 63.8(f)(6)............. Alternative to No.............. Subpart MMMM does not require the use of
Relative Accuracy continuous emissions monitoring
Test. systems.
Sec. 63.8(g)(1)-(5)......... Data Reduction....... No.............. Sections 63.3967 and 63.3968 specify
monitoring data reduction.
Sec. 63.9(a)-(d)............ Notification Yes.............
Requirements.
63.9(e)...................... Notification of Yes............. Applies only to capture system and add-
Performance Test. on control device performance tests at
sources using these to comply with the
standard.
63.9(f)...................... Notification of No.............. Subpart MMMM does not have opacity or
Visible Emissions/ visible emission standards.
Opacity Test.
[[Page 52825]]
63.9(g)(1)-(3)............... Additional No.............. Subpart MMMM does not require the use of
Notifications When continuous emissions monitoring
Using CMS. systems.
63.9(h)...................... Notification of Yes............. Section 63.3910 specifies the dates for
Compliance Status. submitting the notification of
compliance status.
63.9(i)...................... Adjustment of Yes.............
Submittal Deadlines.
63.9(j)...................... Change in Previous Yes.............
Information.
63.10(a)--................... Recordkeeping/ Yes.............
Reporting--Applicabi
lity and General
Information.
63.10(b)(1).................. General Recordkeeping Yes............. Additional requirements are specified in
Requirements. Sec. 63.3930 and 63.3931.
63.10(b)(2) (i)-(v).......... Recordkeeping Yes............. Requirements for startup, shutdown,
Relevant to Startup, malfunction and records only apply to
Shutdown, and add-on control devices used to comply
Malfunction Periods with the standard.
and CMS.
63.10(b)(2) (vi)-(xi)........ ..................... Yes.............
63.10(b)(2) (xii)............ Records.............. Yes.............
63.10(b)(2) (xiii)........... ..................... No.............. Subpart MMMM does not require the use of
continuous emissions monitoring
systems.
63.10(b)(2) (xiv)............ ..................... Yes.............
63.10(b)(3).................. Recordkeeping Yes.............
Requirements for
Applicability
Determinations.
Sec. 63.10(c)(1)-(6)........ Additional Yes.............
Recordkeeping
Requirements for
Sources with CMS.
Sec. 63.10(c)(7)-(8)........ ..................... No.............. The same records are required in Sec.
63.3920(a)(7).
Sec. 63.10(c)(9)-(15)....... ..................... Yes.............
Sec. 63.10(d)(1)............ General Reporting Yes............. Additional requirements are specified in
Requirements. Sec. 63.3920.
Sec. 63.10(d)(2)............ Report of Performance Yes............. Additional requirements are specified in
Test Results. Sec. 63.3920(b).
Sec. 63.10(d)(3)............ Reporting Opacity or No.............. Subpart MMMM does not require opacity or
Visible Emissions visible emissions observations.
Observations.
Sec. 63.10(d)(4)............ Progress Reports for Yes.............
Sources With
Compliance
Extensions.
Sec. 63.10(d)(5)............ Startup, Shutdown, Yes............. Applies only to add-on control devices
and Malfunction at sources using these to comply with
Reports. the standard.
Sec. 63.10(e)(1)-(2)........ Additional CMS No.............. Subpart MMMM does not require the use of
Reports. continuous emissions monitoring
systems.
Sec. 63.10(e)(3)............ Excess Emissions/CMS No.............. Section 63.3920(b) specifies the
Performance Reports. contents of periodic compliance
reports.
Sec. 63.10(e)(4)............ COMS Data Reports.... No.............. Subpart MMMM does not specify
requirements for opacity or COMS.
Sec. 63.10(f)............... Recordkeeping/ Yes.............
Reporting Waiver.
Sec. 63.11.................. Control Device No.............. Subpart MMMM does not specify use of
Requirements/Flares. flares for compliance.
Sec. 63.12.................. State Authority and Yes.............
Delegations.
Sec. 63.13.................. Addresses............ Yes.............
Sec. 63.14.................. Incorporation by Yes.............
Reference.
Sec. 63.15.................. Availability of Yes.............
Information/
Confidentiality.
----------------------------------------------------------------------------------------------------------------
You may use the mass fraction values in the following table for
solvent blends for which you do not have test data or manufacturer's
formulation data.
Table 3 to Subpart MMMM of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
Average
Solvent/solvent blend CAS. No. organic HAP Typical organic HAP, percent by
mass fraction mass
----------------------------------------------------------------------------------------------------------------
1. Toluene................................. 108-88-3 1.0 Toluene
2. Xylene(s)............................... 1330-20-7 1.0 Xylenes, ethylbenzene
[[Page 52826]]
3. Hexane.................................. 110-54-3 0.5 n-hexane
4. n-Hexane................................ 110-54-3 1.0 n-hexane
5. Ethylbenzene............................ 100-41-4 1.0 Ethylbenzene
6. Aliphatic 140........................... .............. 0 None
7. Aromatic 100............................ .............. 0.02 1% xylene, 1% cumene
8. Aromatic 150............................ .............. 0.09 Naphthalene
9. Aromatic naphtha........................ 64742-95-6 0.02 1% xylene, 1% cumene
10. Aromatic solvent....................... 64742-94-5 0.1 Naphthalene
11. Exempt mineral spirits................. 8032-32-4 0 None
12. Ligroines (VM & P)..................... 8032-32-4 0 None
13. Lactol spirits......................... 64742-89-6 0.15 Toluene
14. Low aromatic white spirit.............. 64742-82-1 0 None
15. Mineral spirits........................ 64742-88-7 0.01 Xylenes
16. Hydrotreated naphtha................... 64742-48-9 0 None
17. Hydrotreated light distillate.......... 64742-47-8 0.001 Toluene
18. Stoddard solvent....................... 8052-41-3 0.01 Xylenes
19. Super high-flash naphtha............... 64742-95-6 0.05 Xylenes
20. Varsol solvent.............. 8052-49-3 0.01 0.5% xylenes, 0.5% ethylbenzene
21. VM & P naphtha......................... 64742-89-8 0.06 3% toluene, 3% xylene
22. Petroleum distillate mixture........... 68477-31-6 0.08 4% naphthalene, 4% biphenyl
----------------------------------------------------------------------------------------------------------------
You may use the mass fraction values in the following table for
solvent blends for which you do not have test data or manufacturer's
formulation data.
Table 4 to Subpart MMMM of Part 63.--Default Organic HAP Mass Fraction
for Petroleum Solvent Groups a
------------------------------------------------------------------------
Average
organic Typical organic HAP,
Solvent type HAP, mass percent by mass
fraction
------------------------------------------------------------------------
Aliphatic \b\.................... 0.03 1% Xylene, 1% Toluene,
and 1% Ethylbenzene
Aromatic \c\..................... 0.06 4% Xylene, 1% Toluene,
and 1% Ethylbenzene
------------------------------------------------------------------------
\a\ Use this table only if the solvent blend does not match any of the
solvent blends in table 3 to this subpart and you only know whether
the blend is aliphatic or aromatic.
\b\ e.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
Naphtha, Solvent Blend.
\c\ e.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha,
Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic
Hydrocarbons, Light Aromatic Solvent.
[FR Doc. 02-14759 Filed 8-12-02; 8:45 am]
BILLING CODE 6560-50-P