National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: July 23, 2002 (Volume 67, Number 141)]
[Rules and Regulations]
[Page 48253-48288]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jy02-679]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[AD-FRL-7244-1]

National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Large Appliances

AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.

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SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for existing and new facilities that
apply surface coatings to large appliances. These final standards
implement section 112(d) of the Clean Air Act (CAA) which requires the
Administrator to regulate emissions of hazardous air pollutants (HAP)
listed in section 112(b) of the CAA. The intent of the standards is to
protect the public by requiring new and existing major sources to
control emissions to the level attainable by implementing the maximum
achievable control technology (MACT).
Sources typically emit the following HAP: glycol ethers, methylene
diphenyl diisocyanate, methyl ethyl ketone, toluene, and xylene. These
compounds account for over 80 percent of the nationwide HAP emissions
from this source category. These pollutants can cause reversible or
irreversible toxic effects to people following exposure.

EFFECTIVE DATE: This rule is effective July 23, 2002. The incorporation
by reference of certain publications listed in today's final rule is
approved by the Director of the Federal Register as of July 23, 2002.

ADDRESSES: Docket. Docket No. A-97-41 contains supporting information
used in developing the standards for the Large Appliances Coating
source category. The docket is located at the U.S. EPA, 401 M Street,
SW, Washington, DC 20460 in Room M-1500, Waterside Mall (ground floor),
telephone (202) 260-7548. The docket may be inspected from 8:30 a.m. to
5:30 p.m., Monday through Friday, excluding legal holidays.
Background Information Document. A background information document
(BID) for the promulgated NESHAP may be obtained from the docket; the
U.S. EPA Library (C267-01), Research Triangle Park, North Carolina
27711, telephone (919) 541-2777; or from the National Technical
Information Service, 5285 Port Royal Road, Springfield, Virginia 22161,
telephone (703) 487-4650. Refer to ``Large Appliances Surface Coating
Operations--Background Information for Promulgated Standards'' (EPA-
453/R-02-004). The promulgation BID contains a summary of changes made
to the standards since proposal, public comments made on the proposed
standards, and the EPA responses to the comments.

FOR FURTHER INFORMATION CONTACT: For information concerning
applicability and rule determinations, contact your State or local air
pollution control agency representative or the appropriate EPA Regional
Office representative. For information concerning the analyses
performed in developing these standards, contact Mr. H. Lynn Dail,
Coatings and Consumer Products Group, Emission Standards Division
(C539-03), U.S. EPA, Research Triangle Park, NC 27711, telephone (919)
541-2363; e-mail address: dail.lynn@epa.gov.

SUPPLEMENTARY INFORMATION:
Docket. The docket is an organized and complete file of all the
information considered by EPA in the development of 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. The contents of the docket, including the BID for the proposed
and promulgated standards and the EPA responses to significant comments
will serve as the record in case of judicial review. (See section
307(d)(7)(A) of the CAA.) The regulatory text and other materials
related to today's final rule 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. Worldwide Web (WWW). In
addition to being available in the docket, an electronic copy of
today's final rule will also be available on the WWW through the
Technology Transfer Network (TTN). Following signature by the EPA
Administrator, a copy of the final 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.
Regulated Entities. If your facility applies surface coatings to
large appliance parts or products, you may be a regulated entity.
Categories and entities potentially regulated by the final standards
are shown in the following table. This table is slightly different from
the table contained in the proposal preamble at 65 FR 81135. The
changes made to the table between proposal and promulgation are the
result of public comments. These changes clarify the types of
facilities that will be affected by the promulgated standards.

Categories and Entities Potentially Regulated by the Final Standards
------------------------------------------------------------------------
Category NAICS Code \a\ Regulated Entities \b\
------------------------------------------------------------------------
Industry....................... 335221 Household cooking
equipment.
335222 Household refrigerators
and freezers.
335224 Household laundry
equipment.
335228 Other major household
appliances.
333312 Commercial laundry,
drycleaning, and
pressing equipment.
333415 Air-conditioners
(except motor
vehicle), comfort
furnaces, and
industrial
refrigeration units
and freezers (except
heat transfer coils
and large commercial
and industrial
chillers).
\c\333319 Other commercial/
service industry
machinery, e.g.,
commercial
dishwashers, ovens,
and ranges, etc.
Federal Government............. .............. Not affected.
State/Local/Tribal Government.. .............. Not affected.
------------------------------------------------------------------------
\a\ North American Industry Classification System
\b\ Regulated entities means major source facilities that apply surface
coatings to these parts or products.
\c\ Excluding special industry machinery, industrial and commercial
machinery and equipment, and electrical machinery equipment and
supplies not elsewhere classified.

[[Page 48255]]

As in the proposal, major sources classified under other NAICS
codes will be subject to the standards if they perform large appliance
surface coating operations and meet the other applicability criteria.
Conversely, some facilities listed under these codes may not be
affected because some of the codes in the table cover products that are
not defined as large appliances for the purposes of the rule.
This table is not intended to be exhaustive, but rather provides a
guide for entities likely to be regulated by this action. To determine
whether your facility is subject to the rule, you should carefully
examine the applicability criteria in Sec. 63.4081 of the rule. If you
have questions regarding how this action applies to a particular
entity, consult the appropriate EPA Regional Office representative.
Judicial Review. The NESHAP for large appliance surface coating
operations was proposed on December 22, 2000 (65 FR 81134). Under
section 307(b)(1) of the CAA, judicial review of NESHAP is available
only by the filing of a petition for review in the U.S. Court of
Appeals for the District of Columbia Circuit by September 23, 2002.
Only those objections to the rule which were raised with reasonable
specificity during the period for public comment may be raised during
judicial review. Under section 307(b)(2) of the CAA, the requirements
that are the subject of today's final rule may not be challenged later
in civil or criminal proceedings brought by EPA to enforce the
requirements.
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 do we use in the development of NESHAP?
II. What changes and clarifications have we made to the proposed
standards?
A. Scope of Source Category
B. Definitions
C. Overlap with Other NESHAP Categories
D. Other Changes and Clarifications
III. What are the final standards?
A. What is the source category?
B. What is the affected source?
C. What are the emission limits?
D. What are the testing and initial and continuous compliance
requirements?
E. What are the notification, recordkeeping, and reporting
requirements?
IV. What are the environmental, energy, cost, and economic impacts?
A. What are the air impacts?
B. What are the non-air health, environmental, and energy
impacts?
C. What are the cost and economic impacts?
V. What are the administrative requirements?
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
C. Executive Order 13132, Federalism
D. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments
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
J. Congressional Review 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 category
of major sources covered by the final NESHAP was listed on July 16,
1992 (57 FR 31576) under the Surface Coating Processes industry group.
Major sources of HAP are those that have the potential to emit
considering controls, in the aggregate, 10 tons per year (tpy) or more
of any HAP or 25 tpy or more of any combination of HAP.

B. What Criteria Do We Use in the Development of NESHAP?

Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both existing and new 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 the 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 consideration of the cost of achieving the
emission reductions, any health and environmental impacts, and energy
requirements.

II. What Changes and Clarifications Have We Made to the Proposed
Standards?

In response to public comments received on the proposed standards,
we made several changes in developing the final rule. While some of the
changes were designed to make our intentions clearer, other changes had
a direct effect on the degree of coverage of the standards. The
substantive comments and our responses and rule changes are summarized
in the following sections. A more detailed summary can be found in the
BID for the final rule which is available from several sources (see
ADDRESSES).

A. Scope of Source Category

In the proposal, we defined the regulated community for the
standards to be facilities that apply surface coatings to large
appliances or components of large appliances. In the proposal BID and
the table of regulated entities in the proposal preamble (65 FR 81135,
December 22, 2000), we stated that the facilities are generally
included under the following NAICS codes (and their SIC code
equivalents): 335221 (3631) household cooking appliances, 335222 (3632)
household refrigerator and home freezer, 335224 (3633) householdlaundry
equipment manufacturing, 335228 (3639) other major household
appliances, 333415 (3585) air-conditioning and warm air heating
equipment and commercial and industrial refrigeration equipment, and
333319 (3589) service appliance. We cautioned that some facilities and
products with these codes do not fit under the large appliance
category, and similarly, there may be facilities under other codes that
do in fact coat large appliances. Thus, these industrial codes were
given as a guide but were not intended to be used as the only basis for
determining applicability of the rule.
The codes listed above are associated with household cooking
equipment, refrigerators/freezers, laundry equipment, and floor vacuums
and polishers, and various types of

[[Page 48256]]

commercial and industrial heating, ventilation, and refrigeration
equipment. Table 2-1 in the proposal BID listed examples of large
appliances that are produced by facilities in these categories.
Several commenters stated that the scope of the category as
proposed was overly broad and confusing. They felt that we had included
several products not normally considered to be large appliances, and
that these products should be regulated under the miscellaneous metal
parts and products NESHAP currently under development. As an
alternative, if EPA decided not to change the mix of products defined
to be large appliances, one commenter suggested that we change the name
of the source category to better match the product mix being
represented.
In addition, commenters asked for clarification on the
applicability of the rule to certain coatings such as porcelain enamel,
powder coatings, and asphalt interior soundproofing. The final rule
clarifies that the aforementioned coatings are considered coatings for
the purposes of the rule and will be subject to subpart NNNN. We also
clarified that phosphating (a form of pretreatment) and metal plating
are excluded as coatings in subpart NNNN.
Our proposed definition of the large appliances source category was
formed using the six SIC/NAICS codes as a foundation, and then
including the products under those codes that we believed should be
included as large appliances. Some commenters expressed confusion when
comparing the preamble table to BID Table 2-1. We have clarified the
scope of the source category by including definitions for large
appliance product and large appliance part in the final rule. The
definitions list the parts and products intended to be regulated under
the final rule, and they supercede the listing in Table 2-1 of the
proposal BID. We also modified the proposal preamble table and are
including it in the BID for the final rule. We have added Commercial
Laundry Equipment and have deleted Floor Waxing/Polishing and Motor
Vehicle Air-Conditioning, in keeping with our intent at proposal. In
addition, we have also deleted heat transfer coils and large commercial
and industrial chillers from the table and from coverage by the large
appliances NESHAP.
A few commenters stated that the heat transfer coils used to cool
fluids in refrigeration and air-conditioning systems typically have
unique coating formulation requirements, and suitable coatings are not
available in a low-HAP formulation. The need for special coatings
arises from the complex geometry of heat transfer coils, as well as
exposure requirements in food processing and other special
environments. The coating information we collected and used to
determine the MACT floor did not contain coatings used specifically for
heat transfer coils. The commenters asked that this large appliance
component be removed from the large appliances category and regulated
under the miscellaneous metal parts and products NESHAP.
We have examined the submitted data and arguments and have
concluded that the data analyzed since proposal offer sufficient
justification to revise the scope of the source category. Therefore, we
have excluded heat transfer coils from coverage under the large
appliances NESHAP.
A trade organization and one manufacturer of large commercial and
industrial chillers (equipment that produces chilled water for use in a
number of industrial processes including heating, ventilating, and air
conditioning (HVAC) applications) commented that large chillers are
very different from other products included as large appliances. They
said that large HVAC products are produced in much lower volumes than
white goods and are often custom designed. Furthermore, they are often
subjected to outdoor environments requiring that they meet strict
performance criteria, and they have a longer expected life. Commercial
and industrial chillers are much larger than most other large
appliances and are painted after assembly. Therefore, they cannot be
put through a baking oven to cure the coatings, which restricts the
coatings available for use.
We requested additional supporting data on large chiller equipment
coating operations and the available coatings. We also visited one of
the few facilities that manufactures that equipment. Our evaluation of
the chiller coating operations led us to determine that large
commercial and industrial chillers should be excluded from the Large
Appliances category for the reasons described by the commenter.

B. Definitions

We have added definitions for large appliance product and large
appliance part to the final rule. These definitions include ``white
goods'' appliances, as well as certain HVAC equipment used in
commercial and industrial applications. However, specifically excluded
from the definition of large appliance product are heat transfer coils,
large commercial and industrial chillers, and motor vehicle air-
conditioning units.
We added several other new definitions in response to comments and
to increase the clarity of the rule. Newly defined terms include
adhesive, facility maintenance, heat transfer coil, large commercial
and industrial chillers, and month. Clarifying changes were also made
to the proposed definitions for coating operation, manufacturer's
formulation data, and surface preparation.

C. Overlap With Other NESHAP Categories

Several commenters requested that the final rule provide compliance
flexibility for facilities that coat a variety of items in addition to
large appliances or large appliance components. Such facilities may be
affected by several coating NESHAP, such as the standards for large
appliances, miscellaneous metal parts and products, and plastic parts
and products. They sought a regulatory approach that would allow
facilities to opt specific coating operations or product lines, that
are collateral to large appliance coating operations, out of the rule
and into either the miscellaneous metal parts and products rule under
development or the plastic parts and products rule that is also under
development. Commenters also believed that plants coating types of
items with a wider use beyond large appliances (such as motors,
handles, hinges, etc.) should have the choice of those operations being
covered by either the miscellaneous metal or plastic parts rule, even
if the specific items are designed to be used on large appliances.
We understand that many facilities may find it beneficial to
consolidate their regulatory coverage for a number of different types
of coating operations (such as large appliances, miscellaneous metal
parts, and plastic parts) into a single NESHAP. Consolidation may
reduce the amount of records, reports, or compliance calculations that
the facility would have to maintain. To address the issue of multiple
regulatory coverage, we are including a new provision in the final rule
that allows the consolidation sought by the commenters. Under this
approach, as an alternative to complying separately with multiple
coating NESHAP, a facility may choose to be subject to the requirements
of only one applicable NESHAP, provided it is the most stringent of the
applicable subparts. The test for stringency is a demonstration that
the facilitywide HAP emissions from all surface coating operations will
be less than or equal to the emissions achieved by complying separately
with

[[Page 48257]]

all applicable subparts of 40 CFR part 63.
There are many facilities that apply surface coatings to a variety
of items that may be used on large appliances, but which also have
application to other types of products. We agree that such multi-
purpose items are not exclusively large appliance parts and may be
considered more appropriately miscellaneous metal parts or plastic
parts. Therefore, we are excluding these items from coverage under the
final rule. However, if a large appliance source prefers to have all
its coating operations subject to only one coating NESHAP to
consolidate recordkeeping and reporting requirements, the source would
have the option described above of complying with only the most
stringent applicable NESHAP.

D. Other Changes and Clarifications

A number of commenters found the proposed compliance options
confusing and some suggested variations on the way these options should
be applied.
One of the commenters believed that the calculations, monthly
compliance determinations, and recordkeeping required under the
compliant material option should not apply to coating operations that
use only powder coatings that contain no HAP. The commenter suggested
relevant portions of the proposed requirements that he believed should
not be applicable to these powder coating operations.
We have reviewed the proposed calculations, compliance
determinations, and recordkeeping requirements for the compliant
material option and believe the commenter identified a need to clarify
the rule language. The proposed language would have required an
affected source choosing the compliant material option and using only
powder coatings and non-HAP cleaning materials to determine the mass
fraction of organic HAP, the volume fraction of solids, and the density
for each coating, and then to determine the ratio of organic HAP to
coating solids. Records and certain reports would have had to include
such calculations. We did not intend to require this unnecessary
calculation for non-HAP coatings at proposal. Clearly, if a coating
contains no organic HAP, it is not useful to record and report such
calculations since the result is obviously zero kilogram (kg) organic
HAP per liter of coating solids. Therefore, we have added a provision
in Sec. 63.4141(a) and (d) of the final rule specifying that if the
mass fraction of organic HAP in a coating is zero, as determined
according to Sec. 63.4141(a) (through test results or manufacturer's
formulation data), then the source is not required to determine the
volume fraction of coating solids and density or to calculate the
organic HAP content. This new provision applies to all types of
coatings that contain no organic HAP, not just powder coatings. For
such a coating, Sec. 63.4141(d) of the final rule specifies that the
organic HAP content equals zero and no calculation is required. The
following notification, reporting, and recordkeeping sections of the
rule were also revised to fully incorporate this provision:
Secs. 63.4110(b)(8) and (b)(8)(i), 63.4120(d)(2), and 63.4130(c),
(c)(1), (f), and (g). We believe that these changes are responsive to
the commenter's concerns, and that they retain only the requirements
that are essential for compliance and enforcement purposes.
Some commenters asked whether different compliance options could be
combined for the same coating operation in order for sources to gain
more flexibility in the way coatings and other materials are used in an
operation. We proposed three compliance options: Option 1 when using
compliant materials, Option 2 when determining emission rate without
add-on controls, and Option 3 when using emission controls. The three
proposed compliance options address different situations and were
intended to be applied on a one-at-a-time basis (see Sec. 63.4091
introductory language). Both Options 1 and 2 cannot logically be used
on one coating operation at the same time. If all coatings meet the
limit and all thinners and cleaners are HAP-free, then Option 1 could
be used and, thus, there would be no need to combine data elements for
multiple coatings, thinners, and cleaning materials to derive an
emission rate (required for Option 2). If the coatings, thinners, and
cleaning materials do not meet the Option 1 criteria, or if the source
owner or operator chooses not to use Option 1, then Option 2 must be
used (or Option 3 if an add-on control device is in use). In no case
may coatings, thinners, and cleaning materials accounted for under one
option be included in the accounting under another option. Because the
compliance options are designed to accommodate different situations
and, due to the lack of compelling information or justification for the
commenter's suggested rule change, the final compliance option
provisions are the same as proposed.
Additionally, one commenter believed that a clarification was
needed for proposed Sec. 63.4081(a)(3), which excluded certain
categories of surface coating from coverage by the rule, such as
facility maintenance operations. The commenter wanted the rule to make
specific mention of the paint booths that are used for maintaining
manufacturing equipment. We agree with the commenter that the rule
should not apply to paint booths or to other surface coating equipment
used exclusively to coat something other than large appliances. If,
however, the paint booth or equipment is sometimes used for large
appliance surface coating, it would be subject to the standards during
those times and would need to be considered part of the affected
source. It also is subject to the standards if it is used for cleaning
of equipment used in coating operations, e.g., application equipment,
hangers, and racks (see Sec. 63.4081(c)(6) and the definition of
coating operation in Sec. 63.4181). To clarify our intent, we have
included the following definition of facility maintenance in the final
rule: Facility maintenance means the routine repair or refurbishing
(including surface coating) of the tools, equipment, machinery, and
structures that comprise the infrastructure of a facility or that are
necessary for the facility to function in its intended capacity. It
does not mean cleaning of equipment that is part of a large appliances
coating operation.
One commenter suggested that EPA establish a low-use exemption
threshold for military installations where military members could apply
coatings at on-base hobby shops and housing areas to repair personally
owned appliances. Generally, in hobby shops, the prevailing coating
application would involve hand-held, non-refillable aerosol containers.
However, individuals using hobby shop facilities may also apply the
coatings by methods other than hand-held aerosol cans. In the proposal,
we excluded hand-held aerosol container coatings from the rule but did
not exclude other coating application methods, specifically those
related to hobby shops. However, in considering this comment, we
concluded that coating application by individuals who repair,
refurbish, or recoat large appliances or other types of products at
military hobby shops or base housing areas does not compare to the
coating operations conducted at facilities that apply coatings as a
step in the production of large appliances. Therefore, these coating
activities are not subject to the standards. We believe that expanding
the exclusion in Sec. 63.4081(d)(4) to include hobby shops is a more
appropriate way to address this issue than creating a low-use exemption
that would necessitate coating usage recordkeeping at the hobby shop.
Therefore, Sec. 63.4081(d)(4) of the final rule excludes research or

[[Page 48258]]

laboratory facilities; janitorial, building, and facility maintenance
operations; hobby shops operated for non-commercial purposes; and the
use of hand-held, non-refillable aerosol containers.
In addition to the changes described above, we noted several areas
of the proposed rule that warrant revision even though commenters did
not object to them. The changes are necessary so that the provisions
properly reflect our intent and are consistent with other surface
coating NESHAP under development. As proposed, Sec. 63.4100(a)(2)
indicated that affected sources using the emission rate with add-on
controls options would not have to comply with the standards during
periods of startup, shutdown, and malfunction. This provision is often
found in NESHAP in which compliance with the standards is based solely
on the results of a short-term initial performance test and short-term
averaging of continuous monitoring results thereafter. After proposal
of the large applicances NESHAP, we realized that this provision is not
appropriate for the surface coating NESHAP when these short-term test
and monitoring results are only one component of a compliance
determination that determines emissions over a long period of time,
which in this case is a month. For the large appliances NESHAP, the
source owner or operator will use the performance test and continuous
monitoring results in combination with data on coatings and other
materials used over a month's period of time. These components will be
combined to calculate a monthly organic HAP emission rate. Since there
may be many startups and shutdowns of a coating operation over the
course of a month as part of normal operation, it is not appropriate to
exempt such periods from compliance with the standards. The rule does
require in Sec. 63.4100(d) that you develop and operate according to a
startup, shutdown, and malfunction plan, and Sec. 63.6163(h) provides
the following: ``Consistent with Secs. 63.6(e) and 63.7(e)(1),
deviations that occur during a period of startup, shutdown, or
malfunction of the emission capture system, add-on control device, or
coating operation that may affect emission capture or control device
efficiency are not violations if you demonstrate to the Administrator's
satisfaction that you were operating in accordance with the startup,
shutdown, and malfunction plan. The Administrator will determine
whether deviations that occur during a period of startup, shutdown, or
malfunction are violations according to the provisions in
Sec. 63.6(e).'' We believe that this provision along with a month-long
compliance period that will accommodate potential short-term higher
emission rates that might occur due to startup, shutdown, or
malfunction are adequate and that the proposed exemption is not
necessary or appropriate. Therefore, it is not included in the final
standards.
Another change we made to the rule is intended to simplify the
compliance provisions for the emission rate with add-on controls
option. We removed Sec. 63.4162, which was proposed to provide explicit
instructions for determining compliance with the emission rate with
add-on controls option when the coating operation is operated under
several different operating conditions. We found after proposal,
however, that this section as proposed added unnecessary complexity to
the standards, and that the compliance provisions are adequate without
it. Therefore, we removed it from the final standards.
To provide consistency with other surface coating NESHAP, we added
provisions in Sec. 63.4167(b)(3) and (4) to allow sources an
alternative to the proposed operating limits for catalytic oxidizers
that require monitoring of inlet and outlet temperature before and
after the catalyst bed and the temperature difference across the bed.
This alternative allows you to monitor only the temperature before the
catalyst bed if you develop and follow an onsite inspection and
maintenance plan for the catalytic oxidizer. For some sources, this
would be a preferable alternative. Another addition we made to provide
consistency is a description of continuous monitoring requirements for
concentrators in Sec. 63.4167(e) and (f) and in Table 1 to the subpart.
As proposed, a source using a concentrator would have had to seek and
obtain approval from the permitting authority for the continuous
monitoring it wanted to use to comply with the operating limits since
we did not include such monitoring provisions in the proposed
standards. Because we have included these provisions in the final
standards, a source can comply with them and, therefore, avoid having
to apply for and obtain specific approval unless it wishes to monitor
something different than what is specified in the new provisions. The
concentrator monitoring requirements are the same as those in other
surface coating NESHAP under development.
In addition to the revisions described above, we have made
clarifying editorial changes throughout the rule to ensure it
accurately expresses our intent and to promote consistency with other
surface coating NESHAP currently under development. These changes do
not affect the stringency of the requirements since they are only
clarifications of the proposed provisions.

III. What Are the Final Standards?

A. What Is the Source Category?

The large appliances source category includes facilities that apply
coatings to large appliance parts or products. The rule applies to
facilities that are a major source, are located at a major source, or
are part of a major source of HAP emissions. Large appliances include
``white goods'' such as ovens, refrigerators, freezers, dishwashers,
laundry equipment, trash compactors, water heaters, comfort furnaces,
and electric heat pumps. Large appliances also include most HVAC
equipment intended for any application. However, not included in the
source category are motor vehicle air-conditioning units, heat transfer
coils, and large commercial and industrial chillers. Other coating
operations not included in the source category are: the coating of
large appliance parts that have a wider use beyond large appliances
(such as handles or fasteners), repair or maintenance painting of large
appliance parts or products used by a facility, the surface coating of
heat transfer coils or large commercial and industrial chillers,
research or laboratory facilities and facility maintenance operations,
and hobby shops operated for non-commercial purposes.

B. What Is the Affected Source?

The affected source includes all of the activities that involve
coatings, thinners, and cleaning materials used in large appliance
coating operations. These activities include: (1) Surface preparation
of the large appliance parts or products; (2) preparation of coatings
for application; (3) applying the coatings; (4) flash-off, drying, or
curing of the coatings; (5) cleaning of coating equipment; (6) storage
of coatings, thinners, and cleaning materials; (7) conveying of these
materials; and (8) handling and conveying of waste materials generated
by the coating operations.

C. What Are the Emission Limits?

The emission limits are different for existing and new sources and
have not changed since proposal. For an existing source, you must limit
organic HAP emissions to no more than 0.13 kg/liter (1.1 pound (lb)/
gallon (gal)) of coating solids used during each compliance

[[Page 48259]]

(monthly) period. For a new or reconstructed source, you must limit
emissions to no more than 0.022 kg/liter (0.18 lb/gal) of coating
solids. These limits apply to the total of all coatings, thinners, and
cleaning materials used in coating operations at the affected source.
There are three compliance options available for meeting the
emission limits. The compliant material option requires that each
coating used in the operation meet the limit, and each thinner and
cleaning material must contain no organic HAP. Under the emission rate
without add-on controls option, you may average all of the coatings,
thinners, and cleaning materials together and demonstrate that the
overall emission rate is in compliance with the applicable limit. The
emission rate with add-on controls option applies to coating operations
for which add-on controls are used to meet the limit. Under this
option, you must meet certain operating limits for the capture systems
and control devices and follow a work practice plan for your material
storage, mixing, conveying, and spills.

D. What Are the Testing and Initial and Continuous Compliance
Requirements?

Existing sources will have to be in compliance no later than July
25, 2005. New and reconstructed sources will have to be in compliance
by this same date or upon startup, whichever is later. The initial
compliance period begins on the compliance date and ends on the last
day of the first full month following this date, except that for new or
reconstructed sources required to conduct performance tests the initial
compliance period ends on the last day of the first full month
following the test. Note that ``month'' means a calendar month or a
similar pre-specified period in order to accommodate facility
accounting periods. The performance test may be conducted up to 180
days after the compliance date.
As discussed earlier, the owner or operator must select one of
three compliance options for each coating operation, but may change the
approach used for any operation at any time. For the compliant material
and emission rate without add-on controls option, you will determine
the mass of organic HAP in coatings, thinners, and cleaning materials
and the volume fraction of coating solids either from manufacturer's
formulation data or from test results using the methods in the final
rule. Alternative test methods may be used with EPA's approval, and the
test method results will prevail over manufacturer's formulation data
for compliance purposes. If you use the emission rate with add-on
controls option, you need to determine the mass of organic HAP and
volume fraction of coating solids as in the other two options and also
the capture and control efficiencies of the add-on controls by means of
a performance test. As part of this test, you must establish operating
limits that can be used on a continuous basis to demonstrate compliance
with the emission limit. The final rule specifies the parameters to
monitor for the types of emission control systems commonly used in the
industry. If the monitoring results indicate no deviations from the
operating limits, you would assume the control system is continuing to
provide the same control efficiency as demonstrated in the test. If the
combination of this efficiency and the total mass of organic HAP in
materials used in controlled coating operations continues to be within
the applicable emission limit, then continuous compliance is shown for
those operations.

E. What Are the Notification, Recordkeeping, and Reporting
Requirements?

If you are subject to the standards, you must comply with the
applicable requirements in the NESHAP General Provisions, subpart A of
40 CFR part 63. 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 for affected sources
with continuous monitoring systems. The General Provisions also require
certain records and periodic reports. Records must be kept for at least
5 years with 2 years of that time being at the facility, and they may
be kept in electronic form as long as they are readily available for
review.

IV. What Are the Environmental, Energy, Cost, and Economic Impacts?

A. What Are the Air Impacts?

We estimate that nationwide organic HAP emissions will be reduced
by approximately 1.080 megagrams/year (Mg/yr) (1,191 tpy) from existing
sources. This represents a 45 percent reduction from the emissions
baseline of 2,394 Mg/yr (2,639 tpy).
For new sources, we are assuming that most will use state-of-the-
art coatings (predominantly powder coatings) even in the absence of the
standards. These coatings will produce emission levels at or below the
requirements of the final standards. Therefore, we are not attributing
any emissions reductions from new sources to the final standards.

B. What Are the Non-Air Health, Environmental, and Energy Impacts?

As at proposal, we have found that there are no significant
expected non-air health, environmental, or energy impacts associated
with the final standards. We reached this conclusion by considering the
likely control approaches that will be used by existing and new
sources. The use of low-HAP coating technologies will not produce any
significant impacts on health, energy requirements, or the environment.

C. What Are the Cost and Economic Impacts?

The costs for facilities to comply with the final standards result
from the switch to reformulated (lower-HAP) coatings, thinners, and
cleaning materials. There will also be annual costs for meeting the
monitoring, recordkeeping, and reporting (MRR) requirements of the
rule.
For existing sources, the total nationwide annual cost in the 5th
year of the standards is estimated to be $1.63 million. This includes
approximately $0.48 million of direct costs associated with materials
usage and $1.15 million for recordkeeping and reporting.
For new sources, only the costs of MRR apply. We estimate the
annual cost in the 5th year for all new sources to be $341,000.
Our economic impact analysis showed the economic impacts of the
promulgated standards to generally be minimal, with projected price
increases and production decreases of less than 0.01 percent. Social
costs are estimated at approximately $1.62 million in the 5th year for
existing sources, with the burden being shared fairly equally between
consumers and producers. No firms or facilities are expected to become
at risk of closure due to the final standards. For more information,
consult the ``Economic Impact Analysis of the Proposed NESHAP: Surface
Coating of Large Appliances'' (Docket No. A-97-41).

V. What Are the 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 the Office of Management and Budget (OMB) review
and the requirements of

[[Page 48260]]

the Executive Order. The Executive Order defines ``significant
regulatory action'' as one that is likely to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligation of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, it has been
determined that this rule is not a ``significant regulatory action''
because none of the listed criteria apply to this action. Consequently,
this action was not submitted to OMB for review under Executive Order
12866.

B. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks

Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
rule is preferable to other potentially effective and reasonably
feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the rule. These final standards are not
subject to Executive Order 13045 because they do not establish an
environmental standard based on an assessment of health or safety
risks. No children's risk analysis was performed because no alternative
technologies exist that would provide greater stringency at a
reasonable cost. Furthermore, this rule has been determined not to be
``economically significant'' as defined under Executive Order 12866.

C. 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.''
This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Pursuant to the terms of
Executive Order 13132, it has been determined that this rule does not
have ``federalism implications'' because it does not meet the necessary
criteria. Thus, Executive Order 13132 does not apply to this rule.

D. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (59 FR 22951, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. No tribal
governments own or operate large appliance surface coating facilities.
Thus, Executive Order 13175 does not apply to this rule.

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

This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355, May 22, 2001) because it is not a
significant regulatory action under Executive Order 12866.

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 by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
The EPA has determined that this final rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of this
rule for any year has been estimated to be slightly less than $2
million. Thus, today's final rule is not subject to the requirements of
sections 202 and 205 of the UMRA. In addition, EPA has determined that
these standards contain no regulatory requirements that might
significantly or uniquely affect small governments because they contain
no requirements that apply to such

[[Page 48261]]

governments or impose obligations upon them. Therefore, today's final
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 the purposes of assessing the impacts of today's final rule on
small entities, small entity is defined as: (1) A small business
ranging from 100-1,000 employees or less than $3.5 million in annual
sales; (2) a small governmental jurisdiction that is a government of a
city, county, town, school district, or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
In accordance with the RFA and SBREFA, EPA conducted an assessment
of these standards on small businesses within the large appliance
coating industry. Based on Small Business Administration size
definitions and reported sales and employment data, EPA's survey
identified 221 facilities that apply surface coatings to large
appliances. These facilities, which include major and area sources, are
owned by 84 companies. Of these companies, 34 are small businesses.
Although small businesses represent about 40 percent of the companies
within the source category, they are expected to incur only 10 percent
of the total industry compliance costs. Under the final standards, the
average annual compliance cost share of sales for small businesses is
only 0.20 percent, with 26 of the 34 small businesses not expected to
incur any additional costs because they are area sources or are
permitted as synthetic minor HAP emission sources. After reviewing the
range of costs to be borne by small businesses, EPA has determined the
costs are typically small and that this action will not have a
significant impact on a substantial number of small entities.
Although this final 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 these standards 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 including compliance options that give
small entities flexibility in choosing the most cost-effective and
least burdensome alternative for their operation. For example, a
facility could purchase and use low-HAP coatings (i.e., pollution
prevention) that meet the final standards instead of using add-on
capture and control systems. This method of compliance can be
demonstrated with minimum burden by using purchase and usage records.
No testing of materials will typically be required as the facility
owner will be allowed to show that their coatings meet the emission
limits by providing formulation data supplied by the manufacturer.

H. Paperwork Reduction Act

The information collection requirements for these final standards
will be 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. 1954.01) and a copy may be
obtained from Susan Auby by mail at U.S. EPA, Office of Environmental
Information, Collection Strategies Division (2822T), 1200 Pennsylvania
Avenue, NW, Washington, DC 20460, by e-mail at auby.susan@epa.gov, or
by calling (202) 566-1672. A copy may also be downloaded off the
internet at http://www.epa.gov/icr. The information requirements are
not effective until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to Agency policies set
forth in 40 CFR part 2, subpart B.
The final standards require maintaining records of all coatings,
thinners, and cleaning materials data and calculations used to
determine compliance. This information includes the volume used during
each monthly compliance period, mass fraction organic HAP, density,
and, for coatings only, volume fraction of coating solids.
If an add-on control device is used, records must be kept of the
capture efficiency of the capture system, destruction or removal
efficiency of the add-on control device, and the monitored operating
parameters. In addition, records must be kept of each calculation of
the affected sourcewide emissions for each monthly compliance period
and all data, calculations, test results, and other supporting
information used to determine this value.
The MRR burden in the 5th year after the effective date of the
promulgated rule is estimated to be 32,000 labor hours at a cost of
$1.50 million for new and existing sources.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
rules are listed in 40 CFR part 9 and 48 CFR chapter 15. The OMB
control number(s) for the information collection requirements in this
rule will be listed in an amendment to 40 CFR part 9 or 48 CFR chapter
15 in a subsequent Federal Register.

I. National Technology Transfer and Advancement Act

As noted in the proposed rule, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law
104-113 (15 U.S.C. 272 note), directs the EPA to use voluntary
consensus standards (VCS) in its regulatory activities unless to do so
would be inconsistent with applicable law or otherwise impractical. The
VCS are technical standards (e.g., materials specifications, test
methods, sampling procedures, and business practices) that are
developed or adopted by one or

[[Page 48262]]

more VCS bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable VCS.
This rulemaking involves technical standards. The EPA cites the
following standards in this rule: 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, EPA conducted searches to identify VCS in addition to these
EPA methods. No applicable VCS were identified for EPA Methods 1A, 2A,
2D, 2F, 2G, 204, 204A-F, and 311. The search and review results have
been documented and are placed in the docket (Docket No. A-97-41) for
this rule.
The four VCS described below were identified as acceptable
alternatives to EPA test methods for the purposes of this rule.
The VCS, ASME PTC 19-10-1981-Part 10, ``Flue and Exhaust Gas
Analyses,'' is cited in this rule for its manual method for measuring
the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas.
This part of ASME PTC 19-10-1981-Part 10 is an acceptable alternative
to Method 3B.
The VCS, ASTM 1475-98, ``Standard Test Method for Density of Liquid
Coatings, Inks, and Related Products,'' is cited in this rule for
determining the density of coatings and the volatile matter in
coatings.
The two VCS, ASTM D2697-86 (Reapproved 1998), ``Standard Test
Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings,''
and ASTM D6093-97, ``Standard Test Method for Percent Volume
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas
Pycnometer,'' are cited in this rule as acceptable alternatives to EPA
Method 24 to determine the volume solids content of coatings.
Currently, EPA Method 24 does not have a procedure for determining the
volume of solids in coatings. These standards augment the procedures in
Method 24, which currently states that volume solids content be
calculated from the coating manufacturer's formulation.
Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 91), and ASTM D5403-93 are already
incorporated by reference (IBR) in EPA Method 24. Five VCS: ASTM D1979-
91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are
IBR in EPA Method 311.
In addition to the VCS EPA uses in this rule, the search for
emissions measurement procedures identified eleven other VCS. The EPA
determined that nine of these eleven standards identified for measuring
emissions of the HAP or surrogates subject to emission standards in
this rule were impractical alternatives to EPA test methods for the
purposes of this rule. Therefore, EPA does not intend to adopt these
standards for this purpose. For further information on the
determination of the eleven methods, see the docket for this rulemaking
(Docket A-97-41).
Sections 63.4130, 63.4141, 63.4161, 63.4165, and 63.4166, and Table
1 of subpart NNNN list the EPA testing methods included in the final
standards. Under Sec. 63.7(f) of Subpart A of the General Provisions, a
source may apply to EPA for permission to use alternative test methods
in place of any of the EPA testing methods.

J. Congressional Review Act

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

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

Dated: July 3, 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 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. Section 63.14 is amended by revising paragraphs (b)(24), (25),
and (i) and adding a new paragraph (b)(26) to read as follows:

Sec. 63.14 Incorporations by reference

* * * * *
(b) * * *
(24) ASTM D2697-86 (Reapproved 1998), Standard Test Method for
Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved
for Secs. 63.4141(b)(1) and 63.5160(c).
(25) ASTM D6093-97, Standard Test Method for Percent Volume
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas
Pycnometer, IBR approved for Secs. 63.4141(b)(1) and 63.5160(c).
(26) ASTM D1475-98, Standard Test Method for Density of Liquid
Coatings, Inks, and Related Products, IBR approved for
Secs. 63.4141(b)(3) and 63.4141(c).
* * * * *
(i) The following material is available for purchase from at least
one of the following addresses: ASME International, Orders/Inquiries,
P.O. Box 2300, Fairfield, NJ 07007-2300; or Global Engineering
Documents, Sales Department, 15 Inverness Way East, Englewood, CO
80112: ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses, IBR
approved for Secs. 63.3360(d)(1)(iii), 63.4166(a)(3), and
63.5160(d)(1)(iii).
* * * * *

3. Part 63 is amended by adding subpart NNNN to read as follows:

Subpart NNNN--National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Large Appliances

Sec.

What This Subpart Covers

63.4080 What is the purpose of this subpart?
63.4081 Am I subject to this subpart?
63.4082 What parts of my plant does this subpart cover?
63.4083 When do I have to comply with this subpart?

Emission Limitations

63.4090 What emission limits must I meet?
63.4091 What are my options for meeting the emission limits?
63.4092 What operating limits must I meet?
63.4093 What work practice standards must I meet?

General Compliance Requirements

63.4100 What are my general requirements for complying with this
subpart?
63.4101 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.4110 What notifications must I submit?
63.4120 What reports must I submit?

[[Page 48263]]

63.4130 What records must I keep?
63.4131 In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.4140 By what date must I conduct the initial compliance
demonstration?
63.4141 How do I demonstrate initial compliance with the emission
limitations?
63.4142 How do I demonstrate continuous compliance with the
emission limitations?

Compliance Requirements for the Emission Rate Without Add-On Controls
Option

63.4150 By what date must I conduct the initial compliance
demonstration?
63.4151 How do I demonstrate initial compliance with the emission
limitations?
63.4152 How do I demonstrate continuous compliance with the
emission limitations?

Compliance Requirements for the Emission Rate With Add-On Controls
Option

63.4160 By what date must I conduct performance tests and other
initial compliance demonstrations?
63.4161 How do I demonstrate initial compliance?
63.4162 [Reserved]
63.4163 How do I demonstrate continuous compliance with the
emission limitations?
63.4164 What are the general requirements for performance tests?
63.4165 How do I determine the emission capture system efficiency?
63.4166 How do I determine the add-on control device emission
destruction or removal efficiency?
63.4167 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
63.4168 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.4180 Who implements and enforces this subpart?
63.4181 What definitions apply to this subpart?

Tables to Subpart NNNN of Part 63

Table 1 to Subpart NNNN of Part 63--Operating Limits if Using the
Emission Rate with Add-on Controls Option
Table 2 to Subpart NNNN of Part 63--Applicability of General
Provisions to Subpart NNNN
Table 3 to Subpart NNNN of Part 63--Default Organic HAP Mass
Fraction for Solvents and Solvent Blends
Table 4 to Subpart NNNN of Part 63--Default Organic Mass Fraction
for Petroleum Solvent Groups

Subpart NNNN--National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Large Appliances

What This Subpart Covers

Sec. 63.4080 What is the purpose of this subpart?

This subpart establishes national emission standards for hazardous
air pollutants for large appliance surface coating facilities. This
subpart also establishes requirements to demonstrate initial and
continuous compliance with the emission limitations.

Sec. 63.4081 Am I subject to this subpart?

(a) You are subject to this subpart if you own or operate a
facility that applies coatings to large appliance parts or products,
and is a major source, is located at a major source, or is part of a
major source of emissions of hazardous air pollutants (HAP), except as
provided in paragraph (d) of this section. 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. You are not subject to this
subpart if your large appliance surface coating facility is located at,
or is part of, an area source of HAP emissions. An area source of HAP
emissions is any stationary source or group of stationary sources
located within a contiguous area and under common control that is not a
major source.
(b) The large appliance surface coating source category includes
any facility engaged in the surface coating of a large appliance part
or product. Large appliance parts and products include but are not
limited to cooking equipment; refrigerators, freezers, and refrigerated
cabinets and cases; laundry equipment; dishwashers, trash compactors,
and water heaters; and heating, ventilation, and air-conditioning
(HVAC) units, air-conditioning (except motor vehicle) units, air-
conditioning and heating combination units, comfort furnaces, and
electric heat pumps. Specifically excluded are heat transfer coils and
large commercial and industrial chillers.
(c) The large appliance surface coating activities and equipment to
which this subpart applies are listed in paragraphs (c)(1) through (9)
of this section:
(1) Surface preparation of large appliance parts and products;
(2) Preparation of a coating for application (e.g., mixing in
thinners and other components);
(3) Application of a coating to large appliance parts and products
using, for example, spray guns or dip tanks;
(4) Application of porcelain enamel, powder coating, and asphalt
interior soundproofing coating;
(5) Flash-off, drying, or curing following the coating application
operation;
(6) Cleaning of equipment used in coating operations (e.g.,
application equipment, hangers, racks);
(7) Storage of coatings, thinners, and cleaning materials;
(8) Conveying of coatings, thinners, and cleaning materials from
storage areas to mixing areas or coating application areas, either
manually (e.g., in buckets) or by automated means (e.g., transfer
through pipes using pumps); and
(9) Handling and conveying of waste materials generated by coating
operations.
(d) This subpart does not apply to surface coating that meets any
of the criteria of paragraphs (d)(1) through (5) of this section.
(1) The surface coating of large appliance parts such as metal or
plastic handles, hinges, or fasteners that have a wider use beyond
large appliances is not subject to this subpart.
(2) The surface coating of large appliances conducted for the
purpose of repairing or maintaining large appliances used by a facility
and not for commerce is not subject to this subpart unless organic HAP
emissions from the surface coating itself are as high as the rates
specified in paragraph (a) of this section.
(3) The surface coating of heat transfer coils or large commercial
and industrial chillers.
(4) The provisions of this subpart do not apply to research or
laboratory facilities; janitorial, building, and facility maintenance
operations; hobby shops operated for noncommercial purposes or coating
applications using hand-held non-refillable aerosol containers.
(5) The provisions of this subpart do not apply to processes
involving metal plating or phosphating of a substrate.
(e) 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 subparts in this part, you may choose for
the affected source to comply with only one subpart. In order to choose
this alternative, the total mass of organic HAP emissions from all
surface coating operations in the affected source

[[Page 48264]]

must be less than or equal to the total mass of organic HAP emissions
that would result if it complied separately with all applicable
subparts. You must make this comparison for the initial compliance
period and report it in the Notification of Compliance Status as
required in Sec. 63.4110(b)(10) and in the Notification of Compliance
Status required by the other subparts. If you choose this alternative,
your demonstration of compliance with the other subpart constitutes
compliance with this subpart.

Sec. 63.4082 What parts of my plant does this subpart cover?

(a) This subpart applies to each new, reconstructed, and existing
affected source.
(b) The affected source is the collection of all of the items
listed in paragraphs (b)(1) through (4) of this section that are part
of the large appliance surface coating facility:
(1) All coating operations as defined in Sec. 63.4181;
(2) All storage containers and mixing vessels in which 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 July 23, 2002, and the construction is of a
completely new large appliance surface coating facility where
previously no large appliance surface coating facility had existed.
(d) An affected source is reconstructed if you meet the criteria as
defined in Sec. 63.2.
(e) An affected source is existing if it is not new or
reconstructed.

Sec. 63.4083 When do I have to comply with this subpart?

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. 63.4140, 63.4150, and 63.4160.
(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 July 23, 2002, the compliance date is July 23, 2002.
(2) If the initial startup of your new or reconstructed affected
source occurs after July 23, 2002, the compliance date is the date of
initial startup of your affected source.
(b) For an existing affected source, the compliance date is July
25, 2005.
(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 the date
the area source becomes a major source, or July 23, 2002, whichever is
latest.
(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 July 25, 2005,
whichever is later.
(d) You must meet the notification requirements in Sec. 63.4110
according to the dates specified in that section and in subpart A of
this part. Some of the notifications must be submitted before the
compliance dates described in paragraphs (a) through (c) of this
section.

Emission Limitations

Sec. 63.4090 What emission limits must I meet?

(a) For an existing affected source, you must limit organic HAP
emissions to the atmosphere to no more than 0.13 kilogram per liter
(kg/liter) (1.1 pound per gallon (lb/gal)) of coating solids used
during each compliance period.
(b) For a new or reconstructed affected source, you must limit
organic HAP emissions to the atmosphere to no more than 0.022 kg/liter
(0.18 lb/gal) of coating solids used during each compliance period.

Sec. 63.4091 What are my options for meeting the emission limits?

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. 63.4090. 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. 63.4130(c), and you must report it in the next semiannual
compliance report required in Sec. 63.4120.
(a) Compliant material option. Demonstrate that the organic HAP
content of each coating used in the coating operation(s) is less than
or equal to the applicable emission limit in Sec. 63.4090, and that
each thinner and each cleaning material used contains no organic HAP.
You must meet all the requirements of Secs. 63.4140, 63.4141, and
63.4142 to demonstrate compliance with the emission limit using this
option.
(b) Emission rate without add-on controls option. Demonstrate that,
based on data on the coatings, thinners, and cleaning materials used in
the coating operation(s), the organic HAP emission rate for the coating
operation(s) is less than or equal to the applicable emission limit in
Sec. 63.4090. You must meet all the requirements of Secs. 63.4150,
63.4151, and 63.4152 to demonstrate compliance with the emission limit
using this option.
(c) Emission rate with add-on controls option. Demonstrate that,
based on data on the coatings, thinners, and cleaning materials used in
the coating operation(s) and the emission reductions achieved by
emission capture 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. 63.4090. If you use this compliance 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. 63.4092, except for solvent recovery systems for which
you conduct liquid-liquid material balances according to
Sec. 63.4161(h), and that you meet the work practice standards required
in Sec. 63.4093. You must meet all the requirements of Secs. 63.4160
through 63.4168 to demonstrate compliance with the emission limits,
operating limits, and work practice standards using this option.

Sec. 63.4092 What operating limits must I meet?

(a) For any coating operation(s) on which you use the compliant
material

[[Page 48265]]

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. 63.4161(h), 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. 63.4167. 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 U.S.
Environmental Protection Agency (EPA) Administrator for approval of
alternative monitoring under Sec. 63.8(f).

Sec. 63.4093 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 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 EPA, may choose to grant
you permission to use an alternative to the work practice standards in
this section.

General Compliance Requirements

Sec. 63.4100 What are my general requirements for complying with this
subpart?

(a) You must be in compliance with the emission limitations in this
subpart as specified in paragraphs (a)(1) and (2) of this section.
(1) Any coating operation(s) for which you use the compliant
material option or the emission rate without add-on controls option, as
specified in Sec. 63.4091(a) and (b), must be in compliance with the
applicable emission limit in Sec. 63.4090 at all times.
(2) Any coating operation(s) for which you use the emission rate
with add-on controls option, as specified in Sec. 63.4091(c), must be
in compliance with the applicable emission limit in Sec. 63.4090 and
work practice standards in Sec. 63.4093 at all times. Each controlled
coating operation must be in compliance with the operating limits for
emission capture systems and add-on control devices required by
Sec. 63.4092 at all times, except for solvent recovery systems for
which you conduct liquid-liquid material balances according to
Sec. 63.4161(h).
(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. 63.4083 and
the date when the initial emission capture system and add-on control
device performance tests have been completed as specified in
Sec. 63.4160. This requirement does not apply to a solvent recovery
system for which you conduct a liquid-liquid material balance according
to Sec. 63.4161(h) 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 the startup, shutdown, and
corrective actions in the event of a malfunction of the emission
capture system or the add-on control device. The plan must also address
any coating operation equipment that may cause increased emissions or
that would affect capture efficiency if the process equipment
malfunctions, such as conveyors that move parts among enclosures.

Sec. 63.4101 What parts of the General Provisions apply to me?

Table 2 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. 63.4110 What notifications must I submit?

(a) You must submit the notifications in Secs. 63.7(b) and (c),
63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by the
dates specified in those sections, except as provided in paragraphs
(a)(1) and (2) of this section.
(1) You must submit the Initial Notification required by
Sec. 63.9(b) for an existing affected source no later than July 23,
2003. For a new or reconstructed affected source, you must submit the
Initial Notification no later than 120 days after initial startup or
November 20, 2002, whichever is later.
(2) You must submit the Notification of Compliance Status required
by Sec. 63.9(h) no later than 30 calendar days following the end of the
initial compliance period described in Sec. 63.4140, Sec. 63.4150, or
Sec. 63.4160 that applies to your affected source.
(b) The Notification of Compliance Status must contain the
information specified in paragraphs (b)(1) through (10) of this section
and the applicable information specified in Sec. 63.9(h).
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of the report and beginning and ending dates of the
reporting period. The reporting period is the initial compliance period
described in Sec. 63.4140, Sec. 63.4150, or Sec. 63.4160 that applies
to your affected source.
(4) Identification of the compliance option or options specified in
Sec. 63.4091 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.

[[Page 48266]]

(6) If you had a deviation, include the information in paragraphs
(b)(6)(i) and (ii) of this section.
(i) A description of and statement of the cause of the deviation.
(ii) If you failed to meet the applicable emission limit in
Sec. 63.4090, include all the calculations you used to determine the kg
organic HAP emitted per liter 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 (b)(7)(i)
through (iv) of this section that is required by the compliance
option(s) you used to demonstrate compliance with the emission limit,
include an example of how you determined the value, including
calculations and supporting data. Supporting data can include a copy of
the information provided by the supplier or manufacturer of the example
coating or material or a summary of the results of testing conducted
according to Sec. 63.4141(a), (b), or (c). You do not need to submit
copies of any test reports.
(i) Mass fraction of organic HAP for one coating, for one thinner,
and for one cleaning material.
(ii) Volume fraction of coating solids for one coating.
(iii) Density for one coating, one thinner, and one cleaning
material, except that if you use the compliant material option, only
the example coating density is required.
(iv) The 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. 63.4151.
(8) The determination of kg organic HAP emitted per liter of
coating solids used for the compliance option(s) you use, as specified
in paragraphs (b)(8)(i) through (iii) of this section.
(i) For the compliant material option, provide an example
determination of the organic HAP content for one coating, according to
Sec. 63.4141(d).
(ii) For the emission rate without add-on controls option, provide
the calculation of the total mass of organic HAP emissions; the
calculation of the total volume of coating solids used; and the
calculation of the organic HAP emission rate, using Equations 1, 1A
through 1C, 2, and 3, respectively, of Sec. 63.4151.
(iii) For the emission rate with add-on controls option, provide
the calculation of the total mass of organic HAP emissions for the
coatings, thinners, and cleaning materials used, using Equations 1 and
1A through 1C of Sec. 63.4151; the calculation of the total volume of
coating solids used, using Equation 2 of Sec. 63.4151; the calculation
of the mass of organic HAP emission reduction by emission capture
systems and add-on control devices, using Equations 1, 1A through 1C,
2, 3, and 3A through 3C of Sec. 63.4161, as applicable; and the
calculation of the organic HAP emission rate, using Equation 4 of
Sec. 63.4161.
(9) For the emission rate with add-on controls option, you must
include the information specified in paragraphs (b)(9)(i) through (v)
of this section, except that the requirements in paragraphs (b)(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. 63.4161(h).
(i) For each emission capture system, a summary of the data and
copies of the calculations supporting the determination that the
emission capture system is a permanent total enclosure (PTE) or a
measurement of the emission capture system efficiency. Include a
description of the protocol followed for measuring capture efficiency,
summaries of any capture efficiency tests conducted, and any
calculations supporting the capture efficiency determination. If you
use the data quality objective (DQO) or lower confidence limit (LCL)
approach, you must also include the statistical calculations to show
you meet the DQO or LCL criteria in appendix A to subpart KK of this
part. You do not need to submit complete test reports.
(ii) A summary of the results of each add-on control device
performance test. You do not need to submit complete test reports.
(iii) A list of each emission capture system's and add-on control
device's operating limits and a summary of the data used to calculate
those limits.
(iv) A statement of whether or not you developed and implemented
the work practice plan required by Sec. 63.4093.
(v) A statement of whether or not you developed and implemented the
startup, shutdown, and malfunction plan required by Sec. 63.4100(d).
(10) If you have chosen for your affected source to comply with the
requirements of another subpart in lieu of the requirements of this
subpart, as allowed in Sec. 63.4081(d), your Notification of Compliance
Status must include a statement certifying your intent, as well as
documentation and supporting materials showing that, during the initial
compliance period, your affected source's total organic HAP emissions
were equal to or less than the organic HAP emissions that would have
resulted from complying separately with each applicable subpart.

Sec. 63.4120 What reports must I submit?

You must submit semiannual compliance reports for each affected
source according to the requirements of this section. The semiannual
compliance reporting requirements of this section may be satisfied by
reports required under other parts of the Clean Air Act (CAA), as
specified in paragraph (a)(5) of this section.
(a) Unless the Administrator has approved a different schedule for
submission of reports under Sec. 63.10(a), you must prepare and submit
each semiannual compliance report according to the dates specified in
paragraphs (a)(1) through (4) of this section.
(1) The first 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. 63.4140, Sec. 63.4150, or
Sec. 63.4160 that applies to your affected source and ends on June 30
or December 31, whichever date is the first date following the end of
the initial compliance period.
(2) Each subsequent semiannual compliance report must cover the
subsequent semiannual reporting period from January 1 through June 30
or the semiannual reporting period from July 1 through December 31.
(3) Each semiannual compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(4) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 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 semiannual
compliance reports according to the dates the permitting authority has
established instead of the date specified in paragraph (a)(3) of this
section.
(5) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 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

[[Page 48267]]

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.
(b) The semiannual compliance report must contain the information
specified in paragraphs (b)(1) through (4) of this section and the
information specified in paragraphs (c) through (j) of this section
that is applicable to your affected source.
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of report and beginning and ending dates of the reporting
period. The reporting period is the 6-month period ending on June 30 or
December 31.
(4) Identification of the compliance option or options specified in
Sec. 63.4091 that you used on each coating operation during the
reporting period. If you switched between compliance options during the
reporting period, you must report the beginning and ending dates you
used each option.
(c) If there were no deviations from the emission limitations in
Secs. 63.4090, 63.4092, and 63.4093 that apply to you, the semiannual
compliance report must include a statement that there were no
deviations from the emission limitations during the reporting period.
(d) If you use the compliant material option and there was a
deviation from the applicable emission limit in Sec. 63.4090, the
semiannual compliance report must contain the information in paragraphs
(d)(1) through (4) of this section.
(1) Identification of each coating used that deviated from the
emission limit, each thinner and cleaning material used that contained
organic HAP, and the dates and time periods each was used.
(2) The determination of the organic HAP content, according to
Sec. 63.4141(d), for each coating identified in paragraph (d)(1) of
this section. You do not need to submit background data supporting this
calculation, for example, information provided by coating suppliers or
manufacturers or test reports.
(3) The determination of mass fraction of organic HAP for each
thinner and cleaning material identified in paragraph (d)(1) of this
section. You do not need to submit background data supporting this
calculation, for example, information provided by material suppliers or
manufacturers or test reports.
(4) A statement of the cause of each deviation.
(e) If you use the emission rate without add-on controls option and
there was a deviation from the applicable emission limit in
Sec. 63.4090, the semiannual compliance report must contain the
information in paragraphs (e)(1) through (3) of this section.
(1) The beginning and ending dates of each compliance period during
which the organic HAP emission rate exceeded the emission limit.
(2) The calculations used to determine the organic HAP emission
rate for the compliance period in which the deviation occurred. You
must provide the calculations for Equations 1, 1A through 1C, 2, and 3
in Sec. 63.4151; and, if applicable, the calculation used to determine
the organic HAP in waste materials according to Sec. 63.4151(e)(4). You
do not need to submit background data supporting these calculations,
for example, information provided by materials suppliers or
manufacturers or test reports.
(3) A statement of the cause of each deviation.
(f) If you use the emission rate with add-on controls option and
there were no periods during which the continuous parameter monitoring
systems (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.
(g) If you use the emission rate with add-on controls option and
there was a deviation from an emission limitation (including any
periods when emissions bypassed the add-on control device and were
diverted to the atmosphere), the semiannual compliance report must
contain the information in paragraphs (g)(1) through (14) of this
section. This includes periods of startup, shutdown, and malfunction
during which deviations occurred.
(1) The beginning and ending dates of each compliance period during
which the organic HAP emission rate exceeded the applicable emission
limit in Sec. 63.4090.
(2) The calculations used to determine the organic HAP emission
rate for each compliance period in which a deviation occurred. You must
provide the calculation of the total mass of organic HAP emissions for
the coatings, thinners, and cleaning materials used during the
compliance period, using Equations 1, 1A through 1C, and 2 of
Sec. 63.4151 and, if applicable, the calculation used to determine the
mass of organic HAP in waste materials according to Sec. 63.4151(e)(4);
the calculation of the total volume of coating solids used during the
compliance period, using Equation 2 of Sec. 63.4151; the calculation of
the mass of organic HAP emission reduction during the compliance period
by emission capture systems and add-on control devices, using Equations
1, 1A through 1C, 2, 3, and 3A through 3C of Sec. 63.4161; and the
calculation of the organic HAP emission rate, using Equation 4 of
Sec. 63.4161. You do not need to submit the background data supporting
these calculations, for example, information provided by materials
suppliers or manufacturers or test reports.
(3) The date and time that each malfunction started and stopped.
(4) A brief description of the CPMS.
(5) The date of the latest CPMS certification or audit.
(6) The date and time that each CPMS was inoperative, except for
zero (low-level) and high-level checks.
(7) The date, time, and duration that each CPMS was out-of-control,
including the information in Sec. 63.8(c)(8).
(8) 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.
(9) A summary of the total duration of each deviation from an
operating limit in Table 1 to this subpart and bypass of the add-on
control device during the semiannual reporting period and the total
duration as a percent of the total source operating time during that
semiannual reporting period.
(10) A breakdown of the total duration of the deviations from the
operating limits in Table 1 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.
(11) 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.
(12) A description of any changes in the CPMS, coating operation,
emission capture system, or add-on control

[[Page 48268]]

device since the last semiannual reporting period.
(13) 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.
(14) A statement of the cause of each deviation.
(h) If you use the emission rate with add-on controls option, you
must submit reports of performance test results for emission capture
systems and add-on control devices no later than 60 days after
completing the tests as specified in Sec. 63.10(d)(2).
(i) [Reserved]
(j) If you use the emission rate with add-on controls option and
you have a startup, shutdown, or malfunction during the semiannual
reporting period, you must submit the reports specified in paragraphs
(j)(1) and (2) of this section.
(1) If your actions were consistent with your startup, shutdown,
and malfunction plan (SSMP), you must include the information specified
in Sec. 63.10(d)(5) in the semiannual compliance report required by
paragraph (a) of this section.
(2) If your actions were not consistent with your SSMP, you must
submit an immediate startup, shutdown, and malfunction report as
described in paragraphs (j)(2)(i) and (ii) of this section.
(i) You must describe the actions taken during the event in a
report delivered by facsimile (fax), 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. 63.4130 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, a record of the time periods
(beginning and ending dates and times) and the coating operations at
which each compliance option was used and a record of all
determinations of kg organic HAP per liter of coating solids for the
compliance option(s) you used, as specified in paragraphs (c)(1)
through (3) of this section.
(1) For the compliant material option, a record of the
determination of the organic HAP content for each coating, according to
Sec. 63.4141(d).
(2) 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 and 1A through 1C of Sec. 63.4151 and, if applicable, the
calculations used to determine the mass of organic HAP in waste
materials according to Sec. 63.4151(e)(4); the calculation of the total
volume of coating solids used each month, using Equation 2 of
Sec. 63.4151; and the calculation of the organic HAP emission rate,
using Equation 3 of Sec. 63.4151.
(3) For the emission rate with 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 and 1A through 1C of Sec. 63.4151 and, if applicable, the
calculation used to determine mass of organic HAP in waste materials
according to Sec. 63.4151(e)(4); the calculation of the total volume of
coating solids used each month, using Equation 2 of Sec. 63.4151; the
calculation of the mass of organic HAP emission reduction by emission
capture systems and add-on control devices, using Equations 1, 1A
through 1C, 2, 3, and 3A through 3C of Sec. 63.4161, as applicable; and
the calculation of the organic HAP emission rate, using Equation 4 of
Sec. 63.4161.
(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 except for zero-HAP coatings
for which volume solids determination is not required as allowed in
Sec. 63.4141(a).
(g) A record of the density for each coating used during each
compliance period except for zero-HAP coatings for which volume solids
determination is not required as allowed in Sec. 63.4141(a) and, if you
use either the emission rate without add-on controls or the emission
rate with add-on controls compliance option, a record of the density
for each thinner and cleaning material used during each compliance
period.
(h) If you use an allowance in Equation 1 of Sec. 63.4151 for
organic HAP contained in waste materials sent to or designated for
shipment to a treatment, storage, and disposal facility (TSDF)
according to Sec. 63.4151(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. 63.4151,
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. 63.4151.
(3) The methodology used in accordance with Sec. 63.4151(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

[[Page 48269]]

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. 63.4165(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. 63.4164 and 63.4165(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. 63.4165(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. 63.4166.
(i) Records of each add-on control device performance test
conducted according to Secs. 63.4164 and 63.4166.
(ii) Records of the coating operation conditions during the add-on
control device performance test showing that the performance test was
conducted under representative operating conditions.
(8) Records of the data and calculations you used to establish the
emission capture and add-on control device operating limits as
specified in Sec. 63.4167 and to document compliance with the operating
limits as specified in Table 1 of this subpart.
(9) A record of the work practice plan required by Sec. 63.4093,
and documentation that you are implementing the plan on a continuous
basis.

Sec. 63.4131 In what form and for how long must I keep my records?

(a) Your records must be in a form suitable and readily available
for expeditious review, according to Sec. 63.10(b)(1). Where
appropriate, the records may be maintained as electronic spreadsheets
or as a data base.
(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. 63.4140 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. 63.4141. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.4083 and ends on the last day of
the first full month after 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
month. The initial compliance demonstration includes the determination
according to Sec. 63.4141 and supporting documentation showing that,
during the initial compliance period, you used no coating with an
organic HAP content that exceeded the applicable emission limit in
Sec. 63.4090, and that you used no thinners or cleaning materials that
contained organic HAP.

Sec. 63.4141 How do I demonstrate initial compliance with the emission
limitations?

You may use the compliant material option for any individual
coating operation, for any group of coating operations in the affected
source, or for all the coating operations in the affected source. You
must use either the emission rate without add-on controls option or the
emission rate with add-on controls option for any coating operation(s)
in the affected source for which you do not use this option. To
demonstrate initial compliance using the compliant material option, the
coating operation or group of coating operations must use no coating
with an organic HAP content that exceeds the applicable emission limit
in Sec. 63.4090 and must use no thinner or cleaning material that
contains organic HAP, as determined according to this section during
the initial compliance period. Any coating operation(s) for which you
use the compliant material option is not required to meet the operating
limits or work practice standards required in Secs. 63.4092 and
63.4093, respectively. To demonstrate initial compliance with the
emission limitations using the compliant material option, you must meet
all the requirements of this section for the coating operation(s) using
this option. Use the procedures in this section on each coating,
thinner, and cleaning material in the condition it is in when it is
received from its manufacturer or supplier and prior to any alteration.
You do not need to redetermine the HAP content of coatings, thinners,
or cleaning materials that have been reclaimed onsite and reused in the
coating operation(s) for which you use the compliant material option,
provided these materials in their condition as received were
demonstrated to comply with the compliant material option. If the mass
fraction of organic HAP of a coating equals zero, determined according
to paragraph (a) of this section, and you use the compliant material
option, you are not required to comply with

[[Page 48270]]

paragraphs (b) and (c) of this section for that coating.
(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 organic
HAP 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 they represent 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 organic HAP 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 mass fraction of organic HAP in these
solvent blends listed in Table 3 or 4 of this subpart. If you use the
tables, you must use the values in Table 3 for all solvent blends that
match Table 3 entries, and you may only use Table 4 if the solvent
blends in the materials you use do not match any of the solvent blends
in Table 3, and you only know whether the blend is aliphatic or
aromatic. However, if the results of a Method 311 test indicate higher
values than those listed on Table 3 or 4 of this subpart, the Method
311 results will take precedence.
(b) Determine the volume fraction of coating solids for each
coating. You must determine the volume fraction of coating solids
(liters of coating solids per liter of coating) for each coating used
during the compliance period by a test, by information provided by the
supplier or the manufacturer of the material, or by calculation as
specified in paragraphs (b)(1) through (3) of this section.
(1) ASTM Method D2697-86 (Reapproved 1998) or D6093-97. You may use
ASTM Method D2697-86 (Reapproved 1998), ``Standard Test Method for
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' or D6093-
97, ``Standard Test Method for Percent Volume Nonvolatile Matter in
Clear or Pigmented Coatings Using a Helium Gas Pycnometer''
(incorporated by reference, see Sec. 63.14) to determine the volume
fraction of coating solids for each coating. Divide the nonvolatile
volume percent obtained with the methods by 100 to calculate volume
fraction of coating solids.
(2) Information from the supplier or manufacturer of the material.
You may obtain the volume fraction of coating solids for each coating
from the supplier or manufacturer.
(3) Calculation of volume fraction of coating solids. If the volume
fraction of coating solids cannot be determined using the options in
paragraphs (b)(1) and (2) of this section, you must determine it using
Equation 1 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.018

Where:

V_s = volume fraction of coating solids, liters coating
solids per liter coating.
m_volatiles = total volatile matter content of the coating,
including HAP, volatile organic compounds (VOC), water, and exempt
compounds, determined according to Method 24 in appendix A of 40 CFR
part 60, grams volatile matter per liter coating.
D_avg = average density of volatile matter in the coating,
grams volatile matter per liter volatile matter, determined from test
results using ASTM Method D1475-98, ``Standard Test Method for Density
of Liquid Coatings, Inks, and Related Products'' (incorporated by
reference, see Sec. 63.14) information from the supplier or
manufacturer of the material, or reference sources providing density or
specific gravity data for pure materials. If there is disagreement
between ASTM Method D1475-98 test results and other information
sources, the test results will take precedence.

(c) Determine the density of each coating. Determine the density of
each coating used during the compliance period from test results using
ASTM Method D1475-98, ``Standard Test Method for Density of Liquid
Coatings, Inks, and Related Products'' (incorporated by reference, see
Sec. 63.14), information from the supplier or manufacturer of the
material, or reference sources providing density or specific gravity
data for pure materials. If there is disagreement between ASTM Method
D1475-98 test results and other information sources, the test results
will take precedence.
(d) Determine the organic HAP content of each coating. Determine
the organic HAP content, kg organic HAP per liter coating solids, of
each coating used during the compliance period, using Equation 2 of
this section, except that if the mass fraction of organic HAP equals
zero, then the organic HAP content also equals zero and you are not
required to use Equation 2 to calculate the organic HAP content:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.019

Where:

H_c = organic HAP content of the coating, kg organic HAP per
liter coating solids.
D_c = density of coating, kg coating per liter coating,
determined according to paragraph (c) of this section.

[[Page 48271]]

W_c = mass fraction of organic HAP in the coating, kg organic
HAP per kg coating, determined according to paragraph (a) of this
section.
V_s = volume fraction of coating solids, liters coating
solids per liter coating, determined according to paragraph (b) of this
section.

(e) The organic HAP content for each coating used during the
initial compliance period must be less than or equal to the applicable
emission limit in Sec. 63.4090; and each thinner and cleaning material
used during the initial compliance period must contain no organic HAP,
determined according to paragraph (a) of this section. You must keep
all records required by Secs. 63.4130 and 63.4131. As part of the
Notification of Compliance Status required in Sec. 63.4110, you must
identify the coating operation(s) for which you used the compliant
material option and submit a statement that the coating operation(s)
was (were) in compliance with the emission limitations during the
initial compliance period because you used no coatings for which the
organic HAP content exceeds the applicable emission limit in
Sec. 63.4090, and you used no thinners or cleaning materials that
contain organic HAP, determined according to paragraph (a) of this
section.

Sec. 63.4142 How do I demonstrate continuous compliance with the
emission limitations?

(a) For each compliance period, to demonstrate continuous
compliance, you must use no coating for which the organic HAP content,
determined according to Sec. 63.4141(d), exceeds the applicable
emission limit in Sec. 63.4090, and use no thinner or cleaning material
that contains organic HAP, determined according to Sec. 63.4141(a).
Each month following the initial compliance period described in
Sec. 63.4140 is a compliance period.
(b) If you choose to comply with the emission limitations by using
the compliant material option, the use of any coating, thinner, or
cleaning material that does not meet the criteria specified in
paragraph (a) of this section is a deviation from the emission
limitations that must be reported as specified in Secs. 63.4110(b)(6)
and 63.4120(d).
(c) As part of each semiannual compliance report required by
Sec. 63.4120, you must submit a statement that you were in compliance
with the emission limitations during the reporting period because you
used no thinners or cleaning materials that contained organic HAP, and
you used no coatings for which the organic HAP content exceeded the
applicable emission limit in Sec. 63.4090.
(d) You must maintain records as specified in Secs. 63.4130 and
63.4131.

Compliance Requirements for the Emission Rate Without Add-On Controls
Option

Sec. 63.4150 By what date must I conduct the initial compliance
demonstration?

You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of
Sec. 63.4151. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.4083 and ends on the last day of
the first full month after 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
month. The initial compliance demonstration includes the calculations
according to Sec. 63.4151 and supporting documentation showing that the
organic HAP emission rate for the initial compliance period was equal
to or less than the applicable emission limit in Sec. 63.4090.

Sec. 63.4151 How do I demonstrate initial compliance with the emission
limitations?

You may use the emission rate without add-on controls option for
any individual coating operation, for any group of coating operations
in the affected source, or for all of the coating operations in the
affected source. You must use either the compliant material option or
the emission rate with add-on controls option for any coating
operation(s) in the affected source for which you do not use this
option. To demonstrate initial compliance using the emission rate
without add-on controls option, the coating operation(s) must meet the
applicable emission limit in Sec. 63.4090 but not the operating limits
or work practice standards in Secs. 63.4092 and 63.4093, respectively,
during the initial compliance period. You must meet all of the
requirements of this section to demonstrate initial compliance with the
applicable emission limit in Sec. 63.4090 for the coating operation(s).
When calculating the organic HAP emission rate according to this
section, do not include any coatings, thinners, or cleaning materials
used on coating operations for which you use the compliant material
option or the emission rate with add-on controls option. You do not
need to redetermine the mass of organic HAP in coatings, thinners, or
cleaning materials that have been reclaimed onsite and reused in the
coating operation(s) 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 the compliance period according to
the requirements in Sec. 63.4141(a).
(b) Determine the volume fraction of coating solids for each
coating. Determine the volume fraction of coating solids for each
coating used during the compliance period according to the requirements
in Sec. 63.4141(b).
(c) Determine the density of each material. Determine the density
of each coating, thinner, and cleaning material used during the
compliance period according to the requirements in Sec. 63.4141(c).
(d) Determine the volume of each material used during the
compliance period. Determine the volume (liters) of each coating,
thinner, and cleaning material used during the compliance period by
measurement or usage records.
(e) Calculate the mass of organic HAP emissions during the
compliance period. The mass of organic HAP emissions is the combined
mass of organic HAP contained in all coatings, thinners, and cleaning
materials used during the compliance period minus the organic HAP in
certain waste materials. Calculate it using Equation 1 of this section.
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.000

Where:

H_e = total mass of organic HAP emissions during the
compliance period, kg.
A = total mass of organic HAP in the coatings used during the
compliance period, kg, as calculated in Equation 1A of this section.
B = total mass of organic HAP in the thinners used during the
compliance period, kg, as calculated in Equation 1B of this section.
C = total mass of organic HAP in the cleaning materials used during the
compliance period, kg, as calculated in Equation 1C of this section.
R_w = total mass of organic HAP in waste materials sent or
designated for shipment to a hazardous waste TSDF for treatment or
disposal during the compliance period, kg, determined according to
paragraph (e)(4) of this section. (You may assign a value of zero to
R_w if you do not wish to use this allowance.)

[[Page 48272]]

(1) Calculate the kg organic HAP in the coatings used during the
compliance period, using Equation 1A of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.001

Where:

A = total mass of organic HAP in the coatings used during the
compliance period, kg.
Vol_c,i = total volume of coating, i, used during the
compliance period, liters.
D_c,i = density of coating, i, kg coating per liter coating.
W_c,i = mass fraction of organic HAP in coating, i, kg
organic HAP per kg coating.
m = number of different coatings used during the compliance period.

(2) Calculate the kg of organic HAP in the thinners used during the
compliance period, using Equation 1B of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.002

Where:

B = total mass or organic HAP in the thinners used during the
compliance period, kg.
Vol_t,j = total volume of thinner, j, used during the
compliance period, liters.
D_t,j = density of thinner, j, kg thinner per liter thinner.
W_t,j = mass fraction of organic HAP in thinner, j, kg
organic HAP per kg thinner.
n = number of different thinners used during the compliance period.

(3) Calculate the kg organic HAP in the cleaning materials used
during the compliance period, using Equation 1C of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.003

Where:

C = total mass of organic HAP in the cleaning materials used during the
compliance period, kg.
Vol_s,k = total volume of cleaning material, k, used during
the compliance period, liters.
D_s,k = density of cleaning material, k, kg cleaning material
per liter cleaning material.
W_s,k = mass fraction of organic HAP in cleaning material, k,
kg organic HAP per kg material.
p = number of different cleaning materials used during the compliance
period.

(4) Determine the mass of organic HAP contained in waste materials
sent to a TSDF. 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 the calculation of the mass of organic HAP
emissions (Equation 1 of this section), then you must determine it
according to paragraphs (e)(4)(i) through (v) of this section.
(i) You may include in the determination of organic HAP in waste
materials only the 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 that is 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 in the determination the organic
HAP contained in wastewater.
(ii) You must determine either the amount of waste materials sent
to a TSDF during the compliance period or the amount collected and
stored during the compliance period and designated for future transport
to a TSDF. Do not include in your determination any waste materials
sent to a TSDF during a compliance period if you have already included
them in the amount collected and stored during that compliance period
or a previous compliance period.
(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 your methodology to determine the amount of
waste materials and the total mass of organic HAP they contain, as
required in Sec. 63.4130(h).
(v) 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 during the
compliance period. Determine the total volume of coating solids used,
liters, which is the combined volume of coating solids for all of the
coatings used during the compliance period, using Equation 2 of this
section.
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.004

Where:

V_st = total volume of coating solids used during the
compliance period, liters.
Vol_c,i = total volume of coating, i, used during the
compliance period, liters.
V_s,i = volume fraction of coating solids for coating, i,
liters solids per liter coating, determined according to
Sec. 63.4141(b).
m = number of coatings used during the compliance period.

(g) Calculate the organic HAP emission rate, kg organic HAP per
liter coating solids used, using Equation 3 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.005

Where:

H_avg = organic HAP emission rate for the compliance period,
kg organic HAP per liter coating solids.
H_e = total mass organic HAP emissions from all materials
used during the compliance period, kg, as calculated by Equation 1 of
this section.
V_st = total volume coating solids used during the compliance
period, liters, as calculated by Equation 2 of this section.

(h) The organic HAP emission rate for the initial compliance period
must be less than or equal to the applicable emission limit in
Sec. 63.4090. You must keep all records as required by Secs. 63.4130
and 63.4131. As part of the Notification of Compliance Status required
by Sec. 63.4110, you must identify the coating operation(s) for which
you used the emission rate without add-on controls option and submit a
statement that the coating operation(s) was (were) in compliance with
the emission limitations during the initial compliance period because
the organic HAP emission rate was less than or equal to the applicable
emission limit in Sec. 63.4090.

Sec. 63.4152 How do I demonstrate continuous compliance with the
emission limitations?

(a) To demonstrate continuous compliance, the organic HAP emission
rate for each compliance period, determined according to
Sec. 63.4151(a) through (g), must be less than or equal to the
applicable emission limit in Sec. 63.4090. Each month following the
initial compliance period described in Sec. 63.4150 is a compliance
period.
(b) If the organic HAP emission rate for any compliance period
exceeded the applicable emission limit in Sec. 63.4090, this is a
deviation from the emission limitations for that compliance period and
must be reported as specified in Secs. 63.4110(b)(6) and 63.4120(e).
(c) As part of each semiannual compliance report required by
Sec. 63.4120, you must submit a statement that you were in compliance
with the emission limitations during the reporting period because the
organic HAP emission rate for each compliance period was less than or
equal to the applicable emission limit in Sec. 63.4090.

[[Page 48273]]

(d) You must maintain records as specified in Secs. 63.4130 and
63.4131.

Compliance Requirements for the Emission Rate With Add-On Controls
Option

Sec. 63.4160 By what date must I conduct performance tests and other
initial compliance demonstrations?

(a) Existing affected sources. For an existing affected source, you
must meet the requirements of paragraphs (a)(1) through (3) of this
section.
(1) All emission capture systems, add-on control devices, and CPMS
you use to demonstrate compliance must be installed and operating no
later than the applicable compliance date specified in Sec. 63.4183.
Except for solvent recovery systems for which you conduct liquid-liquid
material balances according to Sec. 63.4161(h), you must conduct a
performance test of each capture system and add-on control device
according to the procedures in Secs. 63.4164, 63.4165, and 63.4166, and
establish the operating limits required by Sec. 63.4092 no later than
the compliance date specified in Sec. 63.4083. For a solvent recovery
system for which you conduct liquid-liquid material balances according
to Sec. 63.4161(h), you must initiate the first material balance no
later than the compliance date specified in Sec. 63.4083.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.4093 no later than the compliance date specified in
Sec. 63.4083.
(3) You must complete the compliance demonstration for the initial
compliance period according to the requirements of Sec. 63.4161. The
initial compliance period begins on the applicable compliance date
specified in Sec. 63.4083 and ends on the last day of the first full
month after 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 month. The
initial compliance demonstration includes the results of emission
capture system and add-on control device performance tests conducted
according to Secs. 63.4164, 63.4165, and 63.4166; results of liquid-
liquid material balances conducted according to Sec. 63.4161(h);
calculations according to Sec. 63.4161 and supporting documentation
showing that, during the initial compliance period, the organic HAP
emission rate was equal to or less than the emission limit in
Sec. 63.4090(a); the operating limits established during the
performance tests and the results of the continuous parameter
monitoring required by Sec. 63.4168; and documentation of whether you
developed and implemented the work practice plan required by
Sec. 63.4093.
(b) New and reconstructed affected sources. For a new or
reconstructed affected source, you must meet the requirements of
paragraphs (b)(1) through (4) this section.
(1) All emission capture systems, add-on control devices, and CPMS
you use to demonstrate compliance must be installed and operating no
later than the applicable compliance date specified in Sec. 63.4183.
Except for solvent recovery systems for which you conduct liquid-liquid
material balances according to Sec. 63.4161(h), you must conduct a
performance test of each capture system and add-on control device
according to the procedures in Secs. 63.4164, 63.4165, and 63.4166, and
establish the operating limits required by Sec. 63.4092 no later than
180 days after the applicable compliance date specified in
Sec. 63.4183. For a solvent recovery system for which you conduct
liquid-liquid material balances according to Sec. 63.4161(h), you must
initiate the first material balance no later than 180 days after the
applicable compliance date specified in Sec. 63.4183.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.4093 no later than the compliance date specified in
Sec. 63.4083.
(3) You must complete the compliance demonstration for the initial
compliance period according to the requirements of Sec. 63.4161. The
initial compliance period begins on the applicable compliance date
specified in Sec. 63.4083 and ends on the last day of the first full
month after the compliance date, or the date you conduct the
performance tests of the emission capture systems and add-on control
devices, or initiate the first liquid-liquid material balance for a
solvent recovery system; whichever is later. The initial compliance
demonstration includes the results of emission capture system and add-
on control device performance tests conducted according to
Secs. 63.4164, 63.4165, and 63.4166; results of liquid-liquid material
balances conducted according to Sec. 63.4161(h); calculations according
to Sec. 63.4161 and supporting documentation showing that, during the
initial compliance period, the organic HAP emission rate was equal to
or less than the emission limit in Sec. 63.4090(b); the operating
limits established during the performance tests and the results of the
continuous parameter monitoring required by Sec. 63.4168; and
documentation of whether you developed and implemented the work
practice plan required by Sec. 63.4093.
(4) You do not need to comply with the operating limits for the
emission capture system and add-on control device required by
Sec. 63.4092 until after you have completed the performance tests
specified in paragraph (b)(1) of this section. Instead, you must
maintain a log detailing the operation and maintenance of the emission
capture system, add-on control device, and continuous parameter
monitors during the period between the compliance date and the
performance test. You must begin complying with the operating limits
for your affected source on the date you complete the performance tests
specified in paragraph (b)(1) of this section. This requirement does
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances according to Sec. 63.4161(h).

Sec. 63.4161 How do I demonstrate initial compliance?

You may use the emission rate with add-on controls option for any
coating operation, for any group of coating operations in the affected
source, or for all of the coating operations in the affected source.
You may include both controlled and uncontrolled coating operations in
a group for which you use this option. You must use either the
compliant material option or the emission rate without add-on controls
option for any coating operation(s) in the affected source for which
you do not use this option. To demonstrate initial compliance, the
coating operation(s) for which you use the emission rate with add-on
controls option must meet the applicable emission limit in Sec. 63.4090
and the work practice standards required in Sec. 63.4093; and each
controlled coating operation must meet the operating limits required in
Sec. 63.4092. 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 onsite and reused in the coating
operation(s) for which you use the emission rate with add-on controls
option.
(a) Except as provided in Sec. 63.4160(b)(4) and except for solvent
recovery systems for which you conduct liquid-liquid material balances
according to the requirements of Sec. 63.4161(h), you must establish
and demonstrate continuous compliance

[[Page 48274]]

during the initial compliance period with the operating limits required
by Sec. 63.4092, using the procedures specified in Secs. 63.4167 and
63.4168.
(b) You must develop, implement, and document your implementation
of the work practice plan required by Sec. 63.4093 during the initial
compliance period as specified in Sec. 63.4130.
(c) You must follow the procedures in paragraphs (d) through (l) of
this section to demonstrate compliance with the applicable emission
limit in Sec. 63.4090.
(d) Determine the mass fraction of organic HAP, density, volume
used, and volume fraction of coating solids. Follow the procedures
specified in Sec. 63.4151(a) through (d) to determine the mass fraction
of organic HAP, density, and volume of each coating, thinner, and
cleaning material used during the compliance period, and the volume
fraction of coating solids for each coating used during the compliance
period.
(e) Calculate the total mass of organic HAP emissions before add-on
controls. Using Equation 1 of Sec. 63.4151, calculate the total mass of
organic HAP emissions before add-on controls from all coatings,
thinners, and cleaning materials used during the compliance period in
the coating operation or group of coating operations for which you use
the emission rate with add-on controls option.
(f) Calculate the organic HAP emission reduction for each
controlled coating operation. Determine the mass of organic HAP
emissions reduced for each controlled coating operation during the
compliance period. The emissions reduction determination quantifies the
total organic HAP emissions that pass through the emission capture
system and are destroyed or removed by the add-on control device. Use
the procedures in paragraph (g) of this section to calculate the mass
of organic HAP emissions reduction for each controlled coating
operation using an emission capture system and add-on control device
other than a solvent recovery system for which you conduct liquid-
liquid material balances. For each controlled coating operation using a
solvent recovery system for which you conduct a liquid-liquid material
balance, use the procedures in paragraph (h) of this section to
calculate the organic HAP emissions reduction.
(g) Calculate the organic HAP emissions reduction for controlled
coating operations not using liquid-liquid material balance. For each
controlled coating operation using an emission capture system and add-
on control device other than a solvent recovery system for which you
conduct liquid-liquid material balances, calculate organic HAP
emissions reduction, using Equation 1 of this section, by applying the
emission capture system efficiency and add-on control device efficiency
to the mass of organic HAP contained in the coatings, thinners, and
cleaning materials that are used in the coating operation served by the
emission capture system and add-on control device during the compliance
period. For any period of time a deviation specified in Sec. 63.4163(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. For the purposes of completing the compliance
calculations, you must treat the materials used during a deviation on a
controlled coating operation as if they were used on an uncontrolled
coating operation for the time period of the deviation. You must not
include those materials in the calculations of organic HAP emissions
reduction in Equation 1 of this section.
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.006

Where:

H_C = mass of organic HAP emissions reduction for the
controlled coating operation during the compliance period, kg.
A_I = total mass of organic HAP in the coatings used in the
controlled coating operation, kg, as calculated in Equation 1A of this
section.
B_I = total mass of organic HAP in the thinners used in the
controlled coating operation, kg, as calculated in Equation 1B of this
section.
C_I = total mass of organic HAP in the cleaning materials
used in the controlled coating operation during the compliance period,
kg, as calculated in Equation 1C of this section.
CE = capture efficiency of the emission capture system vented to the
add-on control device, percent. Use the test methods and procedures
specified in Secs. 63.4164 and 63.4165 to measure and record capture
efficiency.
DRE = organic HAP destruction or removal efficiency of the add-on
control device, percent. Use the test methods and procedures in
Secs. 63.4164 and 63.4166 to measure and record the organic HAP
destruction or removal efficiency.

(1) Calculate the kg of organic HAP in the coatings used in the
controlled coating operation, using Equation 1A of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.007

Where:

A_I = mass of organic HAP in the coatings used in the
controlled coating operation, kg.
Vol_c,i = total volume of coating, i, used, liters.
D_c,i = density of coating, i, kg per liter.
W_c,i = mass fraction of organic HAP in coating, i, kg per
kg.
m = number of different coatings used.

(2) Calculate the kg of organic HAP in the thinners used in the
controlled coating operation, using Equation 1B of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.008

Where:

B_I = mass of organic HAP in the thinners used in the
controlled coating operation, kg.
Vol_t,j = total volume of thinner, j, used, liters.
D_t,j = density of thinner, j, kg per liter.
W_t,j = mass fraction of organic HAP in thinner, j, kg per
kg.
n = number of different thinners used.

(3) Calculate the kg of organic HAP in the cleaning materials used
in the controlled coating operation during the compliance period, using
Equation 1C of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.009

Where:

C_I = mass of organic HAP in the cleaning materials used in
the controlled coating operation, kg.
Vol_s,k = total volume of cleaning material, k, used, liters.

[[Page 48275]]

D_s,k = density of cleaning material, k, kg per liter.
W_s,k = mass fraction of organic HAP in cleaning material, k,
kg per kg.
p = number of different cleaning materials used.

(h) Calculate the organic HAP emissions reduction for controlled
coating operations using liquid-liquid material balance. For each
controlled coating operation using a solvent recovery system for which
you conduct liquid-liquid material balances, calculate the organic HAP
emissions 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 the
compliance period. Perform a liquid-liquid material balance for each
compliance period as specified in paragraphs (h)(1) through (6) of this
section. Calculate the mass of organic HAP emission reduction by the
solvent recovery system as specified in paragraph (h)(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 compliance period. 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 compliance period, kg, based
on measurement with the device required in paragraph (h)(1) of this
section.
(3) Determine the mass fraction of volatile organic matter for each
coating used in the coating operation controlled by the solvent
recovery system during the compliance period, kg volatile organic
matter per kg coating. You may determine the volatile organic matter
mass fraction using Method 24 of 40 CFR part 60, appendix A, or an EPA
approved alternative method, or you may use information provided by the
manufacturer or supplier of the coating. In the event of any
inconsistency between information provided by the manufacturer or
supplier and the results of Method 24 of 40 CFR part 60, appendix A, or
an approved alternative method, the test method results will govern.
(4) Determine the density of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the compliance period, kg per liter, according
to Sec. 63.4151(c).
(5) Measure the volume of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the compliance period, liters.
(6) Calculate the solvent recovery system's volatile organic matter
collection and recovery efficiency, using Equation 2 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.010

Where:

R_V = volatile organic matter collection and recovery
efficiency of the solvent recovery system during the compliance period,
percent.
M_VR = mass of volatile organic matter recovered by the
solvent recovery system during the compliance period, kg.
Vol_i = volume of coating, i, used in the coating operation
controlled by the solvent recovery system during the compliance period,
liters.
D_i = density of coating, i, kg coating per liter coating.
C_Vi = mass fraction of volatile organic matter for coating,
i, kg volatile organic matter per kg coating.
Vol_j = volume of thinner, j, used in the coating operation
controlled by the solvent recovery system during the compliance period,
liters.
D_j = density of thinner, j, kg thinner per liter thinner.
Vol_k = volume of cleaning material, k, used in the coating
operation controlled by the solvent recovery system during the
compliance period, liters.
D_k = density of cleaning material, k, kg cleaning material
per liter cleaning material
m = number of different coatings used in the coating operation
controlled by the solvent recovery system during the compliance period.
n = number of different thinners used in the coating operation
controlled by the solvent recovery system during the compliance period.
p = number of different cleaning materials used in the coating
operation controlled by the solvent recovery system during the
compliance period.

(7) Calculate the mass of organic HAP emissions reduction for the
coating operation controlled by the solvent recovery system during the
compliance period, using Equation 3 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.011

Where:

H_CSR = mass of organic HAP emissions reduction for the
coating operation controlled by the solvent recovery system using a
liquid-liquid material balance during the compliance period, kg.
A_I = total mass of organic HAP in the coatings used in the
coating operation controlled by the solvent recovery system, kg,
calculated using Equation 1A of this section.
B_I = total mass of organic HAP in the thinners used in the
coating operation controlled by the solvent recovery system, kg,
calculated using Equation 1B of this section.
C_I = total mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery
system, kg, calculated using Equation 1C of this section.
R_V = volatile organic matter collection and recovery
efficiency of the solvent recovery system, percent, from Equation 2 of
this section.

(i) [Reserved]
(j) Calculate the total volume of coating solids used. Determine
the total volume of coating solids used, liters, which is the combined
volume of coating solids for all the coatings used during the
compliance period, using Equation 2 of Sec. 63.4151.
(k) Calculate the organic HAP emission rate. Determine the organic
HAP emission rate to the atmosphere, kg organic HAP per liter coating
solids used during the compliance period, using Equation 4 of this
section.

[[Page 48276]]

[GRAPHIC]
[TIFF OMITTED]
TR23JY02.012

Where:

H_HAP = organic HAP emission rate to the atmosphere during
the compliance period, kg organic HAP per liter coating solids used.
H_e = total mass of organic HAP emissions before add-on
controls from all the coatings, thinners, and cleaning materials used
during the compliance period, kg, determined according to paragraph (e)
of this section.
H_C,i = total mass of organic HAP emissions reduction for
controlled coating operation, i, during the compliance period, kg, from
Equation 1 of this section.
H_CSR,j = total mass of organic HAP emissions reduction for
controlled coating operation, j, during the compliance period, kg, from
Equation 3 of this section.
V_st = total volume of coating solids used during the
compliance period, liters, from Equation 2 of Sec. 63.4151.
q = number of controlled coating operations except those controlled
with a solvent recovery system.
r = number of coating operations controlled with a solvent recovery
system.

(l) To demonstrate initial compliance with the emission limit,
calculated using Equation 4 of this section, must be less than or equal
to the applicable emission limit in Sec. 63.4090. You must keep all
records as required by Secs. 63.4130 and 63.4131. As part of the
Notification of Compliance Status required by Sec. 63.4110, you must
identify the coating operation(s) for which you used the emission rate
with add-on controls option and submit a statement that the coating
operation(s) was (were) in compliance with the emission limitations
during the initial compliance period because the organic HAP emission
rate was less than or equal to the applicable emission limit in
Sec. 63.4090, and you achieved the operating limits required by
Sec. 63.4092 and the work practice standards required by Sec. 63.4093.

Sec. 63.4162 [Reserved]

Sec. 63.4163 How do I demonstrate continuous compliance with the
emission limitations?

(a) To demonstrate continuous compliance with the applicable
emission limit in Sec. 63.4090, the organic HAP emission rate for each
compliance period determined according to the procedures in
Sec. 63.4161 must be equal to or less than the applicable emission
limit in Sec. 63.4090. Each month following the initial compliance
period described in Sec. 63.4160 is a compliance period.
(b) If the organic HAP emission rate for any compliance period
exceeded the applicable emission limit in Sec. 63.4090, this is a
deviation from the emission limitation for that compliance period and
must be reported as specified in Secs. 63.4110(b)(6) and 63.4120(g).
(c) You must demonstrate continuous compliance with each operating
limit required by Sec. 63.4092 that applies to you as specified in
Table 1 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. 63.4110(b)(6) and
63.4120(g).
(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. 63.4161, you
must treat the materials used during a deviation on a controlled
coating operation as if they were used on an uncontrolled coating
operation for the time period of the deviation. You must not include
those materials in the calculation of organic HAP emissions reductions
in Equation 1 of Sec. 63.4161.
(d) You must meet the requirements for bypass lines in
Sec. 63.4168(b). If any bypass line is opened and emissions are
diverted to the atmosphere when the coating operation is running, this
is a deviation that must be reported as specified in
Secs. 63.4110(b)(6) and 63.4120(g). For the purposes of completing the
compliance calculations specified in Sec. 63.4161, you must treat the
materials used during a deviation on a controlled coating operation as
if they were used on an uncontrolled coating operation for the time
period of the deviation. You must not include those materials in the
calculation of organic HAP emissions reductions in Equation 1 of
Sec. 63.4161.
(e) You must demonstrate continuous compliance with the work
practice standards in Sec. 63.4093. If you did not develop a work
practice plan, or you did not implement the plan, or you did not keep
the records required by Sec. 63.4130(k)(9), this is a deviation from
the work practice standards that must be reported as specified in
Secs. 63.4110(b)(6) and 63.4120(g).
(f) As part of each semiannual compliance report required in
Sec. 63.4120, you must submit a statement that you were in compliance
with the emission limitations during the reporting period because the
organic HAP emission rate for each compliance period was less than or
equal to the applicable emission limit in Sec. 63.4090, and you
achieved the operating limits required by Sec. 63.4092 and the work
practice standards required by Sec. 63.4093 during each compliance
period.
(g) During periods of startup, shutdown, and malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency, you must
operate in accordance with the SSMP required by Sec. 63.4100(d).
(h) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that
occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with the SSMP. The Administrator will
determine whether deviations that occur during a period of startup,
shutdown, or malfunction are violations according to the provisions in
Sec. 63.6(e).
(i) [Reserved]
(j) You must maintain records as specified in Secs. 63.4130 and
63.4131.

Secs. 63.4130 and 63.4131.

Sec. 63.4164 What are the general requirements for performance tests?

(a) You must conduct each performance test required by Sec. 63.4160
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

[[Page 48277]]

representative operating conditions for the coating operation.
Operations during periods of startup, shutdown, or malfunction and
periods of nonoperation do not constitute representative conditions.
You must record the process information that is necessary to document
operating conditions during the test and explain why the conditions
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. 63.4165 and of an add-on
control device according to the requirements in Sec. 63.4166.
(c) The performance test to determine add-on control device organic
HAP destruction or removal efficiency must consist of three runs as
specified in Sec. 63.7(e)(3) and each run must last at least 1 hour.

Sec. 63.4165 How do I determine the emission capture system
efficiency?

You must use the procedures and test methods in this section to
determine capture efficiency as part of the performance test required
by Sec. 63.4160.
(a) 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 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) 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 204F of appendix M to 40 CFR part 51 to
determine the mass fraction of TVH liquid input from each coating,
thinner, and cleaning material used in the coating operation during
each capture efficiency test run. To make the determination, substitute
TVH for each occurrence of the term VOC in the methods.
(3) Use Equation 1 of this section to calculate the total mass of
TVH liquid input from all the coatings, thinners, and cleaning
materials used in the coating operation during each capture efficiency
test run.
[GRAPHIC]
[TIFF OMITTED]
TR23JY02.013

Where:

TVH_used = total mass of TVH liquid input from all coatings,
thinners, and cleaning materials used in the coating operation during
the capture efficiency test run, kg.
TVH_i = 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.
Vol_i = total volume of coating, thinner, or cleaning
material, i, used in the coating operation during the capture
efficiency test run, liters.
D_i = 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.

[[Page 48278]]

(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]
TR23JY02.014

Where:

CE = capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVH_used = total mass of TVH liquid input used in the coating
operation during the capture efficiency test run, kg.
TVH_uncaptured = 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 204C 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 204C measurement
must be upstream from the add-on control device and must represent
total emissions routed from the capture system and entering the add-on
control device.
(ii) If multiple emission streams from the capture system enter the
add-on control device without a single common duct, then the emissions
entering the add-on control device must be simultaneously measured in
each duct, and the total emissions entering the add-on control device
must be determined.
(3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to
measure 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]
TR23JY02.015

Where:

CE = capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVH_captured = 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.
TVH_uncaptured = 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. 63.4166 How do I determine the add-on control device emission
destruction or removal efficiency?

(a) For all types of add-on control devices, use the test methods
as specified in paragraphs (a)(1) through (5) of this section.
(1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as
appropriate, to select sampling sites and velocity traverse points.
(2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR
part 60, as appropriate, to measure gas volumetric flow rate.
(3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as
appropriate, for gas analysis to determine dry molecular weight. You
may also use as an alternative to Method 3B, the manual method for
measuring the oxygen, carbon dioxide, and carbon monoxide content of
exhaust gas in ANSI/ASME, PTC 19.10-1981, ``Flue

[[Page 48279]]

and Exhaust Gas Analyses'' (incorporated by reference, see Sec. 63.14).
(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-on 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]
TR23JY02.016

Where:

M_f = total gaseous organic emissions mass flow rate, kg/per
hour (h).
C_c = 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.
Q_sd = 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/m \3\) (@ 293 Kelvin (K) and 760 millimeters of mercury (mm Hg)).

(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]
TR23JY02.017

Where:

DRE = add-on control device organic emissions destruction or removal
efficiency, percent.
M_fi = 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.
M_fo = 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. 63.4167 How do I establish the emission capture system and add-on
control device operating limits during the performance test?

During the performance test required by Sec. 63.4160 and described
in Secs. 63.4164, 63.4165, and 63.4166, you must establish the
operating limits required by Sec. 63.4092 according to this section
unless you have received approval for alternative monitoring and
operating limits under Sec. 63.8(f) as specified in Sec. 63.4092.
(a) Thermal oxidizers. If your 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 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 just before
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,
adjusting 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 take corrective action consistent with the
manufacturer's recommendations and conduct a new performance test to
determine

[[Page 48280]]

destruction efficiency according to Sec. 63.4166.
(c) Carbon adsorbers. If your add-on control device is a carbon
absorber, 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 absorber 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 system. For each capture device that is not
part of a PTE that meets the criteria of Sec. 63.4165(a), establish an
operating limit for either the gas volumetric flow rate or duct static
pressure as specified in paragraphs (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. 63.4160 and described in Secs. 63.4164 and 63.4165, you must
monitor and record either the gas volumetric flow rate or the duct
static pressure for each separate capture device in your emission
capture system at least once every 15 minutes during each of the three
test runs at a point in the duct between the capture device and the
add-on control device inlet.
(2) Calculate and record the average gas volumetric flow rate or
duct static pressure for the three test runs for each capture device.
This average gas volumetric flow rate or duct static pressure is the
minimum operating limit for that specific capture device.

Sec. 63.4168 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 except as specified in paragraph (a)(6) of
this section.
(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 maintenance or
careless operation are not malfunctions. Except for periods of required
quality assurance or control activities, any period during which the
CPMS fails to operate and record data continuously as required by
paragraph (a)(1) of this section, or generates data that cannot be
included in calculating averages as specified in paragraph (a)(6) of
this section, is a deviation from the monitoring requirements.
(b) Capture system bypass line. You must comply with the
requirements of paragraphs (a)(3) through (5) and (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

[[Page 48281]]

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 (non-diverting) position through monitoring of valve
position at least once every 15 minutes. You must inspect the
monitoring system at least once every month to verify that the monitor
will indicate valve position.
(iv) Automatic shutdown system. Use an automatic shutdown system in
which the coating operation is stopped when flow is diverted by the
bypass line away from the add-on control device to the atmosphere when
the coating operation is running. You must inspect the automatic
shutdown system at least once every month to verify that it will detect
diversions of flow and shutdown the coating operation.
(2) If any bypass line is opened, you must include a description of
why the bypass line was opened and the length of time it remained open
in the semiannual compliance reports required in Sec. 63.4120.
(c) Thermal oxidizers and catalytic oxidizers. If you are using a
thermal 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 (a) and (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 a gas temperature monitor in
the gas stream immediately before the catalyst bed, and if you
establish operating limits according to Sec. 63.6167(b)(1) and (2),
also install a gas temperature monitor in the gas stream immediately
after the catalyst bed.
(3) For each gas temperature monitoring device, you must comply
with the requirements in paragraphs (c)(3)(i) through (vii) of this
section.
(i) Locate the temperature sensor in a position that provides a
representative temperature.
(ii) Use a temperature sensor with a measurement sensitivity of 4
degrees Fahrenheit or 0.75 percent of the temperature value, whichever
is larger.
(iii) Shield the temperature sensor system from electromagnetic
interference and chemical contaminants.
(iv) If a gas temperature chart recorder is used, it must have a
measurement sensitivity in the minor division of at least 20 degrees
Fahrenheit.
(v) Perform an electronic calibration at least semiannually
according to the procedures in the manufacturer's owners manual.
Following the electronic calibration, you must conduct a temperature
sensor validation check in which a second or redundant temperature
sensor placed nearby the process temperature sensor must yield a
reading within 30 degrees Fahrenheit of the process temperature
sensor's reading.
(vi) Any time the sensor exceeds the manufacturer's specified
maximum operating temperature range, either conduct calibration and
validation checks 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 (d)(1) and (2) of
this section.
(1) The regeneration desorbing gas mass flow monitor must be an
integrating device having a measurement sensitivity of plus or minus 10
percent, capable of recording the total regeneration desorbing gas mass
flow for each regeneration cycle.
(2) The carbon bed temperature monitor must have a measurement
sensitivity of 1 percent of the temperature recorded or 1 degree
Fahrenheit, whichever is greater, and must be capable of recording the
temperature within 15 minutes of completing any carbon bed cooling
cycle.
(e) Condensers. If you are using a condenser, you must monitor the
condenser outlet (product side) gas temperature and comply with
paragraphs (a) and (e)(1) and (2) of this section.
(1) The gas temperature monitor must have a measurement sensitivity
of 1 percent of the temperature recorded or 1 degree Fahrenheit,
whichever is greater.
(2) The temperature monitor must provide a gas temperature record
at least once every 15 minutes.
(f) 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 (a) and (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
paragraphs (a) and (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 paragraphs (a) and (f)(2)(i) through (vii) of
this section.
(i) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure.
(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 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 requirements in paragraph (a) of this section and
the applicable requirements in paragraphs (g)(1) and (2) of this
section.
(1) For each flow measurement device, you must meet the
requirements in paragraphs (a) and (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 paragraphs (a) and (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

[[Page 48282]]

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. 63.4180 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the EPA, or
a delegated authority such as your State, local, or tribal agency. If
the EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency (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 EPA 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 listed in paragraphs (c)(1) through (4) of this
section.
(1) Approval of alternatives to the work practice standards in
Sec. 63.4093 under Sec. 63.6(g).
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f)
and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f) and as defined in Sec. 63.90.

Sec. 63.4181 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
the General Provisions of this part, and in this section as follows:
Add-on control device means an air pollution control device, such
as a thermal oxidizer or carbon absorber, 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 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 and cleaning materials, both at the point of application and
at subsequent points where emissions from the coatings and cleaning
materials occur, such as flashoff, drying, or curing. As used in this
subpart, multiple capture devices that collect emissions generated by a
coating operation are considered a single capture system.
Cleaning material means a solvent used to remove contaminants and
other materials such as dirt, grease, oil, and dried or wet coating
(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
cleaning materials used for substrates or equipment or both.
Coating means a material applied to a substrate for decorative,
protective, or functional purposes. For the purposes of this subpart,
coatings include paints, porcelain enamels, sealants, caulks, inks,
adhesives, and maskants. Decorative, protective, or functional
materials that consist only of protective oils, acids, bases, or any
combination of these substances are not considered coatings for the
purposes of this subpart.
Coating operation means equipment used to apply cleaning materials
to a substrate to prepare it for coating application or to remove dried
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. Applications of coatings using hand-held, nonrefillable aerosol
containers, touchup markers, or marking pens are not coating operations
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 means the total equipment
that may be required to meet the data acquisition and availability
requirements of this subpart used to sample, condition (if applicable),
analyze, and provide a record of coating operation, 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 refurbishing
(including surface coating) of the tools, equipment, machinery, and
structures that comprise the infrastructure of the facility or that are
necessary for the facility to function in its intended capacity. It
does not mean cleaning of equipment that is part of a large appliances
coating operation.
Heat transfer coil means a tube-and-fin assembly used in large
appliance

[[Page 48283]]

products to remove heat from a circulating fluid.
Large appliance part means a component of a large appliance product
except for the wider use parts excluded under Sec. 63.4081(d)(1).
Large appliance product means, but is not limited to, any of the
following products (except as provided under Sec. 63.4081(d)(3))
manufactured for household, recreational, institutional, commercial, or
industrial use:
(1) Cooking equipment (ovens, ranges, and microwave ovens but not
including toasters, counter-top grills, and similar small products);
(2) Refrigerators, freezers, and refrigerated cabinets and cases;
(3) Laundry equipment (washers, dryers, drycleaning machines, and
pressing machines);
(4) Dishwashers, trash compactors, and water heaters; and
(5) HVAC units, air-conditioning (except motor vehicle) units, air-
conditioning and heating combination units, comfort furnaces, and
electric heat pumps.
Specifically excluded are heat transfer coils and large commercial
and industrial chillers.
Large commercial and industrial chillers means, for the purposes of
this subpart, equipment designed to produce chilled water for use in
commercial or industrial HVAC systems.
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. 63.4141. 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
organic HAP per kg of material.
Month means a calendar month or a pre-specified period of 28 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 2 of
Sec. 63.4141. The organic HAP content is determined for the coating in
the condition it is in when received from its manufacturer or supplier
and does not account for any alteration after receipt.
Permanent total enclosure (PTE) means a permanently installed
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR
part 51, for a PTE and that directs all the exhaust gases from the
enclosure to an add-on control device.
Protective oil means an organic material that is applied to a
substrate for the purpose of providing lubrication or protection from
corrosion without forming a solid film. This definition of protective
oils includes, but is not limited to, lubricating oils, evaporative
oils (including those that evaporate completely), and extrusion oils.
Research or laboratory facility means a facility whose primary
purpose is for research and development of new processes and products
conducted under the close supervision of technically trained personnel
and is not engaged in the manufacture of final or intermediate products
for commercial purposes, except in a de minimis manner.
Responsible official means responsible official as defined in 40
CFR 70.2.
Startup, initial means the first time equipment is brought online
in a facility.
Surface preparation means use of a cleaning material on a portion
of or all of a substrate including use of cleaning material to remove
dried coating which is sometimes called ``depainting.''
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
no 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, expressed as liters of coating solids per liter of coating.
Wastewater means water that is generated in a coating operation and
is collected, stored, or treated prior to being discarded or
discharged.

Tables to Subpart NNNN of Part 63

Table 1 to Subpart NNNN of Part 63.--Operating Limits if Using the
Emission Rate With Add-On Controls Option
[If you are required to comply with operating limits by Sec. 63.4092,
you must comply with the applicable operating limits in the following
table]
------------------------------------------------------------------------
And you must
demonstrate
You must meet the continuous
For following device . . . following operating compliance with the
limit . . . operating limit by .
. .
------------------------------------------------------------------------
1. thermal oxidizer......... a. the average i. collecting the
combustion combustion
temperature in any temperature data
3-hour period must according to Sec.
not fall below the 63.4168(c);
combustion ii. reducing the
temperature limit data to 3-hour
established block averages; and
according to Sec. iii. maintaining the
63.4167(a). 3-hour average
combustion
temperature at or
above the
combustion
temperature limit.
2. catalytic oxidizer....... a. the average i. collecting the
temperature temperature data
measured just according to Sec.
before the catalyst 63.4168(c);
bed in any 3-hour ii. reducing the
period must not data to 3-hour
fall below the block before the
limit established averages; and
according to Sec. iii. maintaining the
63.4167(b); and 3-hour average
either. temperature before
the catalyst bed at
or above the
temperature limit.

[[Page 48284]]

b. ensure that i. collecting the
average temperature temperature data
difference across according to Sec.
the catalyst bed in 63.4168(c);
any 3-hour period ii. reducing the
does not fall below data to 3-hour
the temperature block difference
difference limit across averages;
established and
according to Sec. iii. maintaining the
63.4167(b)(2); or. 3-hour average
temperature
difference at or
above the
temperature
difference limit.
c. develop and i. maintaining an up-
implement an to-date inspection
inspection and and maintenance
maintenance plan plan, records of
according to Sec. annual catalyst
63.4167(b)(4). activity checks,
records 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.
63.4167(b)(4), you
must take
corrective action
as soon as
practicable
consistent with the
manufacturer's
recommendations.
3. carbon adsorber.......... a. the total i. measuring the
regeneration total regeneration
desorbing gas desorbing gas
(e.g., steam or (e.g., steam or
nitrogen) mass flow nitrogen) mass flow
for each carbon bed for each
regeneration cycle regeneration cycle
must not fall below according to Sec.
the total 63.4168(d); and
regeneration ii. maintaining the
desorbing gas mass total regeneration
flow limit desorbing gas mass
established flow at or above
according to Sec. the mass flow
63.4167(c). limit.
b. the temperature i. measuring the
of the carbon bed, temperature of the
after completing carbon bed after
each regeneration completing each
and any cooling regeneration and
cycle, must not any cooling cycle
exceed the carbon according to Sec.
bed temperature 63.4168(d); and
limit established ii. operating the
according to Sec. carbon beds such
63.4167(c). that each carbon
bed is not returned
to service until
the recorded
temperature of the
carbon bed is at or
below the
temperature limit.
4. condenser................ a. the average i. collecting the
condenser outlet condenser outlet
(product side) gas (product side) gas
temperature in any temperature
3-hour period must according to Sec.
not exceed the 63.4168(e);
temperature limit ii. reducing the
established data to 3-hour
according to Sec. block averages; and
63.4167(d). iii. maintaining the
3-hour average gas
exceed the
temperature at the
outlet at or below
the temperature
limit.
5. concentrators, including a. the average gas i. collecting the
zeolite wheels and rotary temperature of the temperature data
carbon adsorbers. desorption according to
concentrate stream 63.4168(f);
in any 3-hour ii. reducing the
period must not data to 3-hour
fall below the block averaged; and
limit established iii. maintaining the
according to Sec. 3-hour average
63.4167(e). temperature at or
above the
temperature limit.
b. the average i. collecting the
pressure drop of pressure drop data
the dilute stream according to
across the 63.4168(f); and
concentrator in any ii. reducing the
3-hour period must pressure drop data
not fall below the to across the 3-
limit established hour block
according to Sec. averages; and
63.4167(e). iii. maintaining the
3-hour average
pressure drop at or
above the pressure
drop limit.
6. emission capture system a. the direction of i. collecting the
that is a PTE according to the air flow at all direction of air
Sec. 63.4165(a). times must be into flow, and either
the enclosure; and the facial velocity
either. of air through all
natural draft
openings according
to Sec.
63.4168(g)(1) or
the pressure drop
across the
enclosure according
to Sec.
63.4168(g)(2); and
ii. maintaining the
facial velocity of
air flow through
all natural draft
openings or the
pressure drop at or
above the facial
velocity limit or
pressure drop
limit, and
maintaining the
direction of air
flow into the
enclosure at all
times.
b. the average See item 6.a. of
facial velocity of this table.
air through all
natural draft
openings in the
enclosure must be
at least 200 feet
per minute; or.
c. the pressure drop See item 6.a. of
across the this table.
enclosure must be
at least 0.007 inch
H2O, as established
in Method 204 of
appendix M to 40
CFR part 51.

[[Page 48285]]

7. emission capture system a. the average gas i. collecting the
that is not a PTE according volumetric flow gas volumetric flow
to Sec. 63.4165(a). rate or duct static rate or duct static
pressure in each pressure for each
duct between a capture device
capture device and according to Sec.
add-on control 63.4168(g);
device inlet in any ii. reducing the
3-hour period must data to 3-hour
not fall below the block averages; and
average volumetric iii. maintaining the
flow rate or duct 3-hour average gas
static pressure volumetric flow
limit established rate or duct static
for that capture pressure for each
device according to capture device at
Sec. 63.4167(f). or above the gas
volumetric flow
rate or duct static
pressure limit.
------------------------------------------------------------------------

Table 2 to Subpart NNNN of Part 63.--Applicability of General Provisions to Subpart NNNN
[You must comply with the applicable General Provisions requirements according to the following table]
----------------------------------------------------------------------------------------------------------------
Applicable to subpart
Citation Subject NNNN Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(14)............... General Applicability.. Yes.....................
Sec. 63.1(b)(1)-(3)................ Initial Applicability Yes..................... Applicability to
Determination. subpart NNNN is also
specified in Sec.
63.4081.
Sec. 63.1(c)(1).................... Applicability After Yes.....................
Standard Established.
Sec. 63.1(c)(2)-(3)................ Applicability of Permit No...................... Area sources are not
Program for Area subject to subpart
Sources. NNNN.
Sec. 63.1(c)(4)-(5)................ Extensions and Yes.....................
Notifications.
Sec. 63.1(e)....................... Applicability of Permit Yes.....................
Program Before
Relevant Standard is
Set.
Sec. 63.2.......................... Definitions............ Yes..................... Additional definitions
are Specified in Sec.
63.4181.
Sec. 63.3(a)-(c)................... Units and Abbreviations Yes.....................
Sec. 63.4(a)(1)-(5)................ Prohibited Activities.. Yes.....................
Sec. 63.4(b)-(c)................... Circumvention/ Yes.....................
Severability.
Sec. 63.5(a)....................... Construction/ Yes.....................
Reconstruction.
Sec. 63.5(b)(1)-(6)................ Requirements for Yes.....................
Existing, Newly
Constructed, and
Reconstructed Sources.
Sec. 63.5(d)....................... Application for Yes.....................
Approval of
Construction/
Reconstruction.
Sec. 63.5(e)....................... Approval of Yes.....................
Construction/
Reconstruction.
Sec. 63.5(f)....................... Approval of Yes.....................
Construction/
Reconstruction Based
on Prior State Review.
Sec. 63.6(a)....................... Compliance With Yes.....................
Standards and
Maintenance
Requirements--
Applicability.
Sec. 63.6(b)(1)-(7)................ Compliance Dates for Yes..................... Section 63.4083
New and Reconstructed specifies the
Sources. compliance dates.
Sec. 63.6(c)(1)-(5)................ Compliance Dates for Yes..................... Section 63.4083
Existing Sources. specifies the
compliance dates.
Sec. 63.6(e)(1)-(2)................ Operation and Yes.....................
Maintenance.
Sec. 63.6(e)(3).................... SSMP................... Yes..................... Only sources using an
add--on control device
to comply with the
standard must complete
SSMP.
Sec. 63.6(f)(1).................... Compliance Except Yes..................... Applies only to sources
During Startup, using an and add--on
Shutdown, and control device to
Malfunction. comply with the
standards.
Sec. 63.6(f)(2)-(3)................ Methods for Determining Yes.....................
Compliance.
Sec. 63.6(g)(1)-(3)................ Use of an Alternative Yes.....................
Standard.
Sec. 63.6(h)....................... Compliance With Opacity/ No...................... Subpart NNNN does not
Visible Emission establish opacity
standards. standards and does not
require continuous
opacity monitoring
systems (COMS).
Sec. 63.6(i)(1)-(16)............... Extension of Compliance Yes.....................
Sec. 63.6(j)....................... Presidential Compliance Yes.....................
Exemption.
Sec. 63.7(a)(1).................... Performance Test Yes..................... Applies to all affected
Requirements-- sources. Additional
Applicability. requirements for
performance testing
are specified in Secs.
63.4164, 63.4165, and
63.4166.

[[Page 48286]]

Sec. 63.7(a)(2).................... Performance Test Yes..................... Applies only to
Requirements--Dates. performance tests for
caputre system and
control device
efficiency at sources
using these to comply
with the standards.
Section 63.4160
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
Requirements-- performance tests for
Notification, Quality capture system and add-
Assurance Facilities on control device
Necessary for Safe efficiency at sources
Testing, Conditions using these to comply
During Test. with the standard.
Sec. 63.7(f)....................... Performance Test Yes..................... Applies to all test
Requirements--Use of methods except those
Alternative Test used to determine
Method. capture system
efficiency.
Sec. 63.7(g)-(h)................... Performance Test Yes..................... Applies only to
Requirements--Data performance tests for
Analysis, capture system and add-
Recordkeeping, on control device
Reporting, Waiver of efficiency at sources
Test. using these to comply
with the standard.
Sec. 63.8(a)(1)-(3)................ Monitoring Requirements- Yes..................... Applies only to
-Applicability. monitoring of capture
system and add-on
control device
efficiency at sources
using these to comply
with the standard.
Additional
requirements for
monitoring are
specified in Sec.
63.4168.
Sec. 63.8(a)(4).................... Additional Monitoring No...................... Subpart NNNN does not
Requirements. have monitoring
requirements for
flares.
Sec. 63.8(b)....................... Conduct of Monitoring.. Yes..................... .......................
Sec. 63.8(c)(1)-(3)................ Continuous Monitoring Yes..................... Applies only to
Systems (CMS) monitoring of capture
Operation and system and add-on
Maintenance. control device
efficiency at sources
using these to comply
with the standard.
Additional
requirements for CMS
operations and
maintenance are
specified in Sec.
63.4168.
Sec. 63.8(c)(4).................... CMS.................... No...................... Section 63.4168
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 NNNN does not
have opacity or
visible emission
standards.
Sec. 63.8(c)(6).................... CMS Requirements....... No...................... Section 63.4168
specifies the
requirements for
monitoring systems for
capture systems and
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 63.4120
Periods and Reporting. requires reporting of
CMS out-of-control
periods.
Sec. 63.8(d)-(e)................... Quality Control Program No...................... Subpart NNNN does not
and CMS Performance require the use of
Evaluation. continuous emissions
monitoring systems.
Sec. 63.8(f)(1)-(5)................ Use of an Alternative Yes..................... .......................
Monitoring Method.
Sec. 63.8(f)(6).................... Alternative to Relative No...................... Subpart NNNN does not
Accuracy Test. require the use of
continuous emissions
monitoring systems.
Sec. 63.8(g)(1)-(5)................ Data Reduction......... No...................... Sections 63.4167 and
63.4168 specify
monitoring data
reduction.
Sec. 63.9(a)-(d)................... Notification Yes..................... .......................
Requirements.
Sec. 63.9(e)....................... Notification of Yes..................... Applies only to capture
Performance Test. system and add-on
control device
performance tests at
sources using these to
comply with the
standard.
Sec. 63.9(f)....................... Notification of Visible No...................... Subpart NNNN does not
Emissions/Opacity Test. have opacity or
visible emission
standards.

[[Page 48287]]

Sec. 63.9(g)(1)-(3)................ Additional No...................... Subpart NNNN does not
Notifications When require the use of
Using CMS. continuous emissions
monitoring systems.
Sec. 63.9(h)....................... Notification of Yes..................... Section 63.4110
Compliance Status. specifies the dates
for submitting the
notification of
compliance status.
Sec. 63.9(i)....................... Adjustment of Submittal Yes..................... .......................
Deadlines.
Sec. 63.9(j)....................... Change in Previous Yes..................... .......................
Information.
Sec. 63.10(a)...................... Recordkeeping/Reporting- Yes..................... .......................
-Applicability and
General Information.
Sec. 63.10(b)(1)................... General Recordkeeping Yes..................... Additional requirements
Requirements. are specified in Secs.
63.4130 and 63.4131.
Sec. 63.10(b)(2)(i)-(v)............ Recordkeeping Relevant Yes..................... Requirements for
to Startup, Shutdown, startup, shutdown, and
and Malfunction malfunction records
Periods and CMS. only apply to add-on
control devices used
to comply with the
standard.
Sec. 63.10(b)(2)(vi)-(xi).......... ....................... Yes..................... .......................
Sec. 63.10(b)(2)(xii).............. Records................ Yes..................... .......................
Sec. 63.10(b)(2)(xiii)............. ....................... No...................... Subpart NNNN does not
require the use of
continuous emissions
monitoring systems.
Sec. 63.10(b)(2)(xiv).............. ....................... Yes..................... .......................
Sec. 63.10(b)(3)................... Recordkeeping Yes.....................
Requirements for
Applicability
Determinations.
Sec. 63.10(c)(1)-(6)............... Additional Yes..................... .......................
Recordkeeping
Requirements for
Sources with CMS.
Sec. 63.10(c)(7)-(8)............... ....................... No...................... The same records are
required in Sec.
63.4120(a)(7).
Sec. 63.10(c)(9)-(15).............. ....................... Yes..................... .......................
Sec. 63.10(d)(1)................... General Reporting Yes..................... Additional requirements
Requirements. are specified in Sec.
63.4120.
Sec. 63.10(d)(2)................... Report of Performance Yes..................... Additional requirements
Test Results. are specified in Sec.
63.4120(b).
Sec. 63.10(d)(3)................... Reporting Opacity or No...................... Subpart NNNN does not
Visible Emissions require opacity or
Observations. visible emissions
observations.
Sec. 63.10(d)(4)................... Progress Reports for Yes..................... .......................
Sources With
Compliance Extensions.
Sec. 63.10(d)(5)................... Startup, Shutdown, and Yes..................... Applies only to add-on
Malfunction Reports. control devices at
sources using these to
comply with the
standard.
Sec. 63.10(e)(1)-(2)............... Additional CMS Reports. No...................... Subpart NNNN does not
require the use of
continuous emissions
monitoring systems.
Sec. 63.10(e)(3)................... Excess Emissions/CMS No...................... Section 63.4120(b)
Performance Reports. specifies the contents
of periodic compliance
reports.
Sec. 63.10(e)(4)................... COMS Data Reports...... No...................... Subpart NNNN does not
specify requirements
for opacity or COMS.
Sec. 63.10(f)...................... Recordkeeping/Reporting Yes..................... .......................
Waiver.
Sec. 63.11......................... Control Device No...................... Subpart NNNN does not
Requirements/Flares. specify use of flares
for compliance.
Sec. 63.12......................... State Authority and Yes..................... .......................
Delegations.
Sec. 63.13......................... Addresses.............. Yes..................... .......................
Sec. 63.14......................... Incorporation by Yes..................... .......................
Reference.
Sec. 63.15......................... Availability of Yes..................... .......................
Information/
Confidentiality.
----------------------------------------------------------------------------------------------------------------

Table 3 to Subpart NNNN of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
[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.]
----------------------------------------------------------------------------------------------------------------
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.
3. Hexane..................................... 110-54-3 0.5 n-hexane.
4. n-Hexane................................... 110-54-3 1.0 n-hexane.

[[Page 48288]]

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[reg]
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.
----------------------------------------------------------------------------------------------------------------

Table 4 to Subpart NNNN of Part 63.--Default Organic HAP Mass Fraction
for Petroleum Solvent Groups a
[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.]
------------------------------------------------------------------------
Average
Solvent type organic HAP Typical organic HAP,
mass fraction percent by mass
------------------------------------------------------------------------
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. 02-17311 Filed 7-22-02; 8:45 am]
BILLING CODE 6560-50-P

Notices For
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National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances

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