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National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans

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


  [Federal Register: January 15, 2003 (Volume 68, Number 10)]
[Proposed Rules]
[Page 2109-2164]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja03-22]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7418-3]
RIN 2060-AG96
 
National Emission Standards for Hazardous Air Pollutants: Surface 
Coating of Metal Cans

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

-----------------------------------------------------------------------

SUMMARY: The EPA is proposing national emission standards for hazardous 
air pollutants (NESHAP) for metal can surface coating operations 
pursuant to section 112(d) of the Clean Air Act (CAA). The EPA 
estimates that there are approximately 142 major source facilities in 
the metal can surface coating source category that emit hazardous air 
pollutants (HAP), such as xylene, hexane, methyl isobutyl ketone 
(MIBK), ethylene glycol monobutyl ether (EGBE) and other glycol ethers, 
isophorone, ethyl benzene, formaldehyde, napthalene, methyl ethyl 
ketone (MEK), cumene, and toluene. As proposed, the standards are 
estimated to reduce HAP emissions by 6,160 megagrams per year (Mg/yr) 
(6,800 tons per year (tpy)) or by 71 percent. The reduction in HAP 
emissions would be achieved by requiring all major sources of HAP 
emissions that have metal can surface coating operations to meet the 
HAP emission standards reflecting the application of the maximum 
achievable control technology (MACT).

DATES: Comments. Submit comments on or before February 14, 2003.
    Public Hearing. If anyone contacts the EPA requesting to speak at a 
public hearing, they should do so by January 27, 2003. If requested, a 
public hearing will be held approximately 15 days following publication 
of this notice in the Federal Register.

ADDRESSES: Comments. By U.S. Postal Service, send comments (in 
duplicate if possible) to: Office of Air & Radiation Docket & 
Information Center (6102T), Attention Docket Number A-98-41, U.S. EPA, 
1301 Constitution Avenue, NW., Room B108, Washington, DC 20460. In 
person or by courier, deliver comments (in duplicate if possible) to: 
Air and Radiation Docket and Information Center, Attention Docket 
Number A-98-41, U.S. EPA, 1301 Constitution Avenue, NW., Room B108, 
Washington, DC 20460. The EPA requests a separate copy also be sent to 
the contact person listed in FOR FURTHER INFORMATION CONTACT.
    Public Hearing. If a public hearing is held, it will be held at the 
new EPA facility complex in Research Triangle Park, NC. You should 
contact Ms. Janet Eck, Coatings and Consumer Product Group, Emission 
Standards Division (C539-03), U.S. EPA, Research Triangle Park, NC 
27711, telephone number (919) 541-7946, to request to speak at the 
public hearing or to find out if a hearing will be held.
    Docket. Docket No. A-98-41 contains supporting information used in 
developing the proposed standards. The docket is located at the 
Environmental Protection Agency, Office of Air & Radiation Docket & 
Information Center (6102T), 1301 Constitution Avenue, NW., Room B108, 
Washington, DC 20460, and may be inspected from 8:30 a.m. to 5:30 p.m., 
Monday through Friday, excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Alm[oacute]dovar, Coatings 
and Consumer Products Group, Emissions Standards Division (C539-03), 
U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 541-
0283; facsimile number (919) 541-5689; electronic mail (e-mail) 
address: almodovar.paul@.epa.gov.

SUPPLEMENTARY INFORMATION: Comments. Comments and data may be submitted 
by e-mail to: a-and-r-docket@epa.gov. Electronic comments must be 
submitted as an ASCII file to avoid the use of special characters and 
encryption problems and will also be accepted on disks in 
WordPerfect[reg]
file format. All comments and data submitted in 
electronic form must note the docket number: A-98-41. No confidential 
business information (CBI) should be submitted by e-mail. Electronic 
comments may be filed online at many Federal Depository Libraries.
    Commenters wishing to submit proprietary information for 
consideration must clearly distinguish such information from other 
comments and clearly label it as CBI. Send submissions containing such 
proprietary information directly to the following address, and not to 
the public docket, to ensure that proprietary information is not 
inadvertently placed in the docket: Mr. Paul Alm[oacute]dovar, c/o 
OAQPS Document Control Officer (C404-02), U.S. EPA, Research Triangle 
Park, NC 27711. The EPA will disclose information identified as CBI 
only to the extent allowed by the procedures set forth in 40 CFR part 
2. If no claim of confidentiality accompanies a submission when it is 
received by EPA, the information may be made available to the public 
without further notice to the commenter.
    Public Hearing. Persons interested in presenting oral testimony or 
inquiring as to whether a hearing is to be held should contact Ms. 
Janet Eck, Coatings and Consumer Products Group, Emission Standards 
Division (C539-03), U.S. EPA, Research Triangle Park, NC 27711; 
telephone number (919) 541-7946 at least 2 days in advance of the 
public hearing.
    Persons interested in attending the public hearing should also 
contact Ms. Eck at least 2 days in advance of the public hearing to 
verify the time, date, and location of the hearing. The public hearing 
will provide interested parties the opportunity to present data, views, 
or arguments concerning these proposed emission standards.
    Docket. The docket is an organized and complete file of all the 
information considered by EPA in the development of the proposed rule. 
The docket is a dynamic file because material is added throughout the 
rulemaking process. The docketing system is intended to allow members 
of the public and industries involved to readily identify and locate 
documents so that they can effectively participate in the rulemaking 
process. Along with the proposed and promulgated standards and their 
preambles, the contents of the docket will serve as the record in the 
case of judicial review. (See section 307(d)(7)(A) of the CAA.) The 
regulatory text and other materials related to the rulemaking are 
available for review in the docket or copies may be mailed on request 
from the Air and Radiation Docket and Information Center by calling 
(202) 260-7548. A reasonable fee may be charged for copying docket 
materials.
    World Wide Web (WWW). In addition to being available in the docket, 
an electronic copy of the proposed rule will also be available on the 
WWW through the Technology Transfer Network (TTN). Following signature 
by the Administrator, a copy of the proposed rule will be posted on the 
TTN's policy and guidance page for newly proposed or promulgated rules 
at http://www.epa.gov/ttn/oarpg. The TTN provides information and 
technology exchange in various areas of air pollution control. If more 
information regarding the TTN is needed, call the TTN HELP line at 
(919) 541-5384.
    Regulated Entities. The proposed source category definition 
includes facilities that apply surface coatings to metal cans and ends 
(including decorative tins) or metal crowns and closures. In general, 
facilities that apply surface coatings to metal cans are

[[Page 2111]]

covered under the North American Industrial Classification System 
(NAICS) codes listed in Table 1. However, facilities classified under 
other NAICS codes may be subject to the proposed rule if they meet the 
applicability criteria.
    The table is not intended to be exhaustive, but rather provides a 
guide for readers regarding subcategories and entities likely to be 
regulated by today's action. To determine whether your coating 
operation is regulated by this action, you should examine the 
applicability criteria in 40 CFR 63.3481 of the proposed rule. If you 
have any questions regarding the applicability of today's action to a 
particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

    Table 1.--Subcategories and Entities Potentially Regulated by the
                           Proposed Standards
------------------------------------------------------------------------
                                                Examples of Potentially
            Subcategory               NAICS        Regulated Entities
------------------------------------------------------------------------
One- and two-piece draw and iron       332431  Two-piece beverage can
 (D&I) can body coatings.                       facility
Sheetcoatings.....................     332431  Three-piece food can
                                       332115   facility, two-piece D&I
                                       332116   facility, one-piece
                                       332812   aerosol can facility,
                                       332999   etc.
Three-piece can assembly coatings.     332431  Can assembly facility
End lining coatings...............     332431  End manufacturing
                                       332812   facilities
------------------------------------------------------------------------

    Background Information Document and Economic Impact Analysis. The 
Background Information Document (BID) and the Economic Impact Analysis
    (EIA) for the proposed rule may be obtained from the TTN WWW; the 
metal can manufacturing (surface coating) docket (A-98-41); the EPA 
Library (267-01), Research Triangle Park, NC 27711, telephone (919) 
541-2777; or the National Technical Information Service, 5285 Port 
Royal Road, Springfield, VA 22161, telephone (703) 487-4650. Please 
refer to ``Background Information Document--National Emission Standards 
for Hazardous Air Pollutants (NESHAP) for the Metal Can Manufacturing 
(Surface Coating) Industry'' (EPA-453/R-02-008) and the ``Economic 
Impact Analysis of Metal Can MACT Standards'' (EPA-452/R-02-005).
    Outline. The information presented in this preamble is organized as 
follows:

I. Background
    A. What is the source of authority for development of NESHAP?
    B. What criteria are used in the development of NESHAP?
    C. What impacts do cure HAP have on the NESHAP?
    D. What are the health effects associated with HAP emissions 
from metal can surface coating operations?
II. Summary of the Proposed Rule
    A. What source categories and subcategories are affected by the 
proposed rule?
    B. What is the relationship to other rules?
    C. What are the primary sources of emissions and what are the 
regulated pollutants?
    D. What is the affected source?
    E. What are the emission limits, operating limits, and work 
practice standards?
    F. When must I comply with the proposed rule?
    G. What are the testing and initial compliance requirements?
    H. What are the continuous compliance requirements?
    I. What are the notification, recordkeeping, and reporting 
requirements?
III. Rationale for Selecting Proposed Standards
    A. How did we select the source category and subcategories?
    B. How did we select the regulated pollutants?
    C. How did we select the affected source?
    D. How did we determine the basis and level of the proposed 
standards for new or reconstructed affected sources and existing 
affected sources?
    E. How did we select the format of the standards?
    F. How did we select the testing and initial compliance 
requirements?
    G. How did we select the continuous compliance requirements?
    H. How did we select the test methods for determining compliance 
with the emission limits using add-on control devices?
I. How did we select notification, recordkeeping, and reporting 
requirements?
IV. Summary of Environmental, Energy, and Economic Impacts
    A. What are the air impacts?
    B. What are the cost impacts?
    C. What are the economic impacts?
    D. What are the non-air health, environmental, and energy 
impacts?
V. Administrative Requirements
    A. Executive Order 12866, Regulatory Planning and Review
    B. Executive Order 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

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 metal 
can surface coating source category was listed on July 16, 1992 (57 FR 
31576) under the Surface Coating Processes industry group. Major 
sources of HAP are those that emit or have the potential to emit equal 
to or greater than 9.1 Mg/yr (10 tpy) of any one HAP or 22.7 Mg/yr (25 
tpy) of any combination of HAP.

B. What Criteria Are Used in the Development of NESHAP?

    Section 112 of the CAA requires that we establish NESHAP for the 
control of HAP emissions from both new or reconstructed and existing 
major sources. The CAA requires the NESHAP to reflect the maximum 
degree of reduction in emissions of HAP that is achievable. That 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

[[Page 2112]]

better-controlled and lower-emitting sources in each source category or 
subcategory. For new or reconstructed sources, the MACT floor cannot be 
less stringent than the emission control that is achieved in practice 
by the best-controlled similar source. The MACT standards for existing 
sources can be less stringent than standards for new or reconstructed 
sources, but they cannot be less stringent than the average emission 
limit achieved by the best-performing 12 percent of existing sources in 
the category or subcategory (or the best-performing five sources for 
categories or subcategories with fewer than 30 sources).
    In developing MACT, we also consider control options that are more 
stringent than the floor. We may establish standards more stringent 
than the floor based on the consideration of the cost of achieving the 
emissions reductions, any non-air quality health and environmental 
impacts, and energy requirements.

C. What Impacts Do Cure HAP Have on the NESHAP?

    Chemical reactions occurring during many metal can surface coating 
and curing operations may create compounds that are then emitted into 
the atmosphere. Those types of compounds are normally referred to as 
``cure volatiles'' or ``cure HAP'' and may include formaldehyde and 
methanol (listed as HAP under section 112(b) of the CAA). In 
determining the MACT, we did not quantify emissions of cure HAP because 
there is not an EPA-approved test method for measuring those compounds. 
Therefore, the proposed rule would not require affected sources to 
account for and control emissions of cure HAP.

D. What Are the Health Effects Associated With HAP Emissions From Metal 
Can Surface Coating Operations?

    The primary HAP emitted from metal can surface coating operations 
include EGBE and other glycol ethers, xylenes, hexane, MEK, and MIBK. 
Those compounds account for 95 percent of the nationwide HAP emissions 
from that source category. Other HAP emitted include isophorone, ethyl 
benzene, toluene, trichloroethylene, formaldehyde, and napthalene. The 
HAP that would be controlled with the proposed rule are associated with 
a variety of adverse health effects. Those adverse health effects 
include chronic health disorders (e.g., irritation of the lungs, eyes, 
and mucus membranes and effects on the central nervous system), acute 
health disorders (e.g., lung irritation and congestion, alimentary 
effects such as nausea and vomiting, and effects on the central nervous 
system), and possibly cancer.
    We do not have the type of current detailed data on each of the 
facilities covered by the proposed emission standards for that category 
and on the people living around the facilities that would be necessary 
to conduct an analysis to determine the actual population exposures to 
the HAP emitted from those facilities and potential for resultant 
health effects. Therefore, we do not know the extent to which the 
adverse health effects described above occur in the populations 
surrounding those facilities. However, to the extent that adverse 
effects do occur, the proposed rule would reduce emissions and 
subsequent exposures.

II. Summary of the Proposed Rule

A. What Source Categories and Subcategories Are Affected by the 
Proposed Rule?

    The proposed rule would apply to you if you own or operate a metal 
can surface coating operation that uses at least 5,700 liters (1,500 
gallons (gal)) of coatings per year and is a major source, is located 
at a major source, or is part of a major source of HAP emissions, 
whether or not you manufacture the metal can substrate. The surface 
coating operations themselves are not required to be major sources of 
HAP emissions in order for the surface coating operations at a major 
source facility to be covered by the proposed rule. As long as some 
part of the total facility is considered a major source (e.g., the 
metal can substrate manufacturing process), the surface coating 
operations would be subject to the standards.
    A metal can surface coating facility is any facility that coats or 
prints metal cans or ends (including decorative tins) or metal crowns 
or closures for any type of can during any stage of the can 
manufacturing process. It includes the coating/printing of metal sheets 
for subsequent processing into cans or can parts, but not the coating 
of metal coils for cans or can parts. (Coil coating for cans and can 
parts is included in the metal coil surface coating source category.) 
Note that the coating/printing of pails and drums falls in the 
miscellaneous metal parts and products surface coating source category. 
As explained later, we have established four subcategories in the metal 
can surface coating industry, including: (1) One- and two-piece D&I can 
body coating, (2) sheetcoating, (3) three-piece can body assembly 
coating, and (4) end lining. Some metal can surface coating facilities 
include coating operations in more than one subcategory. In those 
cases, the facilities would be subject to more than one emission limit.
    You would not be subject to the proposed rule if your coating 
operation is located at an area source. An area source of HAP is any 
facility that has the potential to emit HAP but is not a major source. 
You may establish area source status by limiting the source's potential 
to emit HAP through appropriate mechanisms available through the 
permitting authority.

B. What Is the Relationship to Other Rules?

    Affected sources subject to the proposed rule may also be subject 
to other rules. We specifically request comments on how monitoring, 
recordkeeping, and reporting requirements can be consolidated for 
sources that are subject to more than one rule.
    National Emission Standards for Metal Coil Surface Coating. 
Facilities engaged in surface coating performed on a continuous metal 
substrate greater than 0.006 inches thick would be subject to the metal 
coil surface coating NESHAP (67 FR 39794, June 10, 2002).
    National Emission Standards for Miscellaneous Metal Parts and 
Products Surface Coating. Surface coating of any metal parts and 
products not covered in any other surface coating source category, such 
as metal can surface coating or metal coil surface coating, would be 
subject to the future miscellaneous metal parts and products surface 
coating NESHAP, as proposed August 13, 2002 (67 FR 52780).

C. What Are the Primary Sources of Emissions and What Are the Regulated 
Pollutants?

    HAP Emission Sources. The primary HAP emission sources in metal can 
surface coating operations are coating application lines, drying/curing 
ovens, mixing and/or thinning areas, and cleaning equipment. Coating 
application lines and drying/curing ovens are the largest sources of 
HAP emissions. Recent reformulation efforts involving the primary 
coatings used in metal can surface coating operations are likely to 
continue as a result of the proposed rule and will serve to reduce HAP 
emissions from these sources. Mixing and/or thinning areas and cleaning 
equipment are smaller HAP emission sources and work practice standards 
would be used to limit the HAP emissions from these sources.
    Organic HAP. Available emission data collected during the 
development of the proposed NESHAP show that the

[[Page 2113]]

primary organic HAP (including cure HAP) emitted from metal can surface 
coating operations include EGBE and other glycol ethers, xylenes, 
hexane, MEK, and MIBK. Other significant organic HAP identified include 
isophorone, ethyl benzene, toluene, trichloroethylene, napthalene, and 
formaldehyde. Organic HAP emissions would be regulated by the proposed 
metal can surface coating rule.
    Inorganic HAP. Based on information reported during the development 
of the proposed NESHAP, inorganic HAP, including chromium and manganese 
compounds, are contained in some of the coatings used by that source 
category and may be emitted if they are spray-applied. Inorganic HAP 
emissions would not be regulated by the proposed metal can surface 
coating rule. (See section III.B of this preamble for further 
discussion of inorganic HAP emissions from surface coating operations.)

D. What Is the Affected Source?

    We define an affected source as a stationary source, group of 
stationary sources, or part of a stationary source to which a specific 
emission standard applies. The proposed standards for metal can surface 
coating define the affected source for each subcategory as the 
collection of all operations within a facility associated with (1) one- 
and two-piece D&I can body coating, (2) sheetcoating, (3) three-piece 
can body assembly coating, or (4) end lining. Those operations include 
the following: Preparation of a coating for application (e.g., mixing 
with thinners); process equipment involving storage, transfer, 
handling, and application of coatings; and associated curing, and 
drying equipment.
    The affected source does not include research or laboratory 
equipment or janitorial, building, or facility maintenance operations.

E. What Are the Emission Limits, Operating Limits, and Work Practice 
Standards?

    Emission Limits. We are proposing to limit organic HAP emissions 
from each new or reconstructed affected source using the emission 
limits in Table 2 of this preamble. The proposed emission limits for 
each existing affected source are given in Table 3 of this preamble. 
You can choose from several compliance options in the proposed rule to 
achieve the emission limit that applies to your affected source. You 
could comply by applying materials (coatings and thinners) that meet 
the emission limit, either individually or collectively. You could also 
use a capture system and add-on control equipment to meet the emission 
limit. You could also comply by using a combination of both approaches. 
If you use a capture system and add-on control equipment, there are 
alternative control efficiency or outlet concentration limits that you 
may use to simplify and reduce your recordkeeping and reporting 
requirements. The alternative emission limits for affected sources 
using the control efficiency/outlet concentration compliance option are 
provided in Table 4 of this preamble.

   Table 2.--Emission Limits for New or Reconstructed Affected Sources
------------------------------------------------------------------------
                                                 then, you must meet the
If you apply surface coatings                     following organic HAP
  to metal cans or metal can   for all coatings     emission limit in
parts in this subcategory . .  of this type . .    kilograms HAP/liter
              .                        .          solids (pound HAP/gal
                                                       solids) \1\:
------------------------------------------------------------------------
1. One- and two-piece D&I can  a. two-piece                  0.04 (0.31)
 body coating.                  beverage cans--              0.06 (0.50)
                                all coatings.                0.08 (0.65)
                               b. two-piece
                                food cans--all
                                coatings.
                               c. one-piece
                                aerosol cans--
                                all coatings.
2. Sheetcoating..............  sheetcoating....              0.02 (0.17)
3. Three-piece can assembly..  a. inside spray.              0.12 (1.03)
                               b. aseptic side              1.48 (12.37)
                                seam stripes on              0.72 (5.96)
                                food cans.                   1.18 (9.84)
                               c. non-aseptic               1.46 (12.14)
                                side seam
                                stripes on food
                                cans.
                               d. side seam
                                stripes on
                                general line
                                non-food cans.
                               e. side seam
                                stripes on
                                aerosol cans.
4. End lining................  a. aseptic end                0.06 (0.54)
                                seal compounds.             0.00 (0.00)
                               b. non-aseptic
                                end seal
                                compounds.
------------------------------------------------------------------------
\1\ If you apply surface coatings of more than one type within any one
  subcategory, you may calculate an overall subcategory emission limit
  (OSEL) according to 40 CFR 63.3551(i).

         Table 3.--Emission Limits for Existing Affected Sources
------------------------------------------------------------------------
                                                 then, you must meet the
If you apply surface coatings                     following organic HAP
  to metal cans or metal can   for all coatings     emission limit in
parts in this subcategory . .  of this type . .     kilogram HAP/liter
              .                        .          solids (pound HAP/gal
                                                       solids) \1\:
------------------------------------------------------------------------
1. One- and two- piece D&I     a. two-piece                  0.07 (0.59)
 can body coating.              beverage cans--              0.06 (0.51)
                                all coatings.    .......................
                               b. two-piece                  0.12 (0.99)
                                food cans--all
                                coatings.
                               c. one-piece
                                aerosol cans--
                                all coatings.
2. Sheetcoating..............  sheetcoating....              0.03 (0.26)
3. Three-piece can assembly..  a. inside spray.              0.29 (2.43)
                               b. aseptic side              1.94 (16.16)
                                seam stripes on              0.79 (6.57)
                                food cans.                   1.18 (9.84)
                               c. non-aseptic               1.46 (12.14)
                                side seam
                                stripes on food
                                cans.
                               d. side seam
                                stripes on
                                general line
                                non-food cans.
                               e. side seam
                                stripes on
                                aerosol cans.

[[Page 2114]]

4. End lining................  a. aseptic end                0.06 (0.54)
                                seal compounds.             0.00 (0.00)
                               b. non-aseptic
                                end seal
                                compounds.
------------------------------------------------------------------------
\1\ If you apply surface coatings of more than one type within any one
  subcategory you may calculate an OSEL according to 40 CFR 63.3551(i).

    Table 4.--Emission Limits for Affected Sources Using the Control
            Efficiency/Outlet Concentration Compliance Option
------------------------------------------------------------------------
   If you use the control efficiency/
 outlet concentration option to comply    Then you must comply with one
 with the emission limitations for any     of the following by using an
          coating operation(s)             emissions control system to
------------------------------------------------------------------------
1. In a new or reconstructed affected    a. reduce emissions of total
 source.                                  HAP, measured as total
                                          hydrocarbons (THC) (as
                                          carbon),\1\ by 97 percent; or
                                         b. limit emissions of total
                                          HAP, measured as THC (as
                                          carbon) \1\ to 20 parts per
                                          million by volume, dry (ppmvd)
                                          at the control device outlet
                                          and use a permanent total
                                          enclosure.
2. In an existing affected source......  a. reduce emissions of total
                                          HAP, measured as THC (as
                                          carbon),\1\ by 95 percent; or
                                         b. limit emissions of total
                                          HAP, measured as THC (as
                                          carbon),\1\ to 20 ppmvd at the
                                          control device outlet and use
                                          a PTE.
------------------------------------------------------------------------
\1\ You may choose to subtract methane from THC as carbon measurements.

    Operating Limits. If you reduce emissions by using a capture system 
and add-on control device (other than a solvent recovery system for 
which you conduct a liquid-liquid material balance), the proposed 
operating limits would apply to you. Those limits are site-specific 
parameter limits you determine during the initial performance test of 
the system. For capture systems that are not permanent total enclosures 
(PTE), you would establish average volumetric flow rates or duct static 
pressure limits for each capture device (or enclosure) in each capture 
system. For capture systems that are PTE, you would establish limits on 
average facial velocity or pressure drop across openings in the 
enclosure.
    For thermal oxidizers, you would monitor the combustion 
temperature. For catalytic oxidizers, you would monitor the temperature 
immediately before and after the catalyst bed or you would monitor the 
temperature before the catalyst bed and implement a site-specific 
inspection and maintenance plan for the catalytic oxidizer. For carbon 
adsorbers for which you do not conduct a liquid-liquid material 
balance, you would monitor the carbon bed temperature and the amount of 
steam or nitrogen used to desorb the bed. For condensers, you would 
monitor the outlet gas temperature from the condenser. For 
concentrators, you would monitor the temperature of the desorption 
concentrate stream and the pressure drop of the dilute stream across 
the concentrator.
    All site-specific parameter limits that you establish must reflect 
operation of the capture system and control devices during a 
performance test that demonstrates achievement of the emission limits 
during representative operating conditions.
    Work Practice Standards. In lieu of emission standards, section 
112(h) of the CAA allows work practice standards or other requirements 
to be established when a pollutant cannot be emitted through a 
conveyance or capture system, or when measurement is not practicable 
because of technological and economic limitations. Many metal can 
surface coating facilities use work practice measures to reduce HAP 
emissions from mixing, cleaning, storage, and waste handling areas as 
part of their standard operating procedures. They use those measures to 
decrease solvent usage and minimize exposure to workers. However, we do 
not have data to accurately quantify the emissions reductions 
achievable by the work practice measures, and it is not feasible to 
measure emissions or enforce a numerical standard for emissions from 
those operations.
    Based on information received from that industry during the 
development of NESHAP and information available from several similar 
coating industries for which NESHAP have already been promulgated 
(aerospace manufacturing and rework, magnetic tape manufacturing, 
shipbuilding and ship repair, and wood furniture manufacturing), we 
identified a variety of work practice measures for cleaning, storage, 
mixing, and waste handling. If you reduce emissions by using a capture 
system and add-on control device, you would be required to develop and 
implement a work practice plan that would specify practices and 
procedures to ensure that, at a minimum, the elements specified below 
are implemented: (1) Storing all organic-HAP-containing liquids and 
waste materials in closed containers, (2) minimizing spills of all 
organic-HAP-containing materials, (3) using closed containers or pipes 
to transport all organic-HAP-containing materials, (4) keeping mixing 
vessels for organic-HAP-containing materials closed except when adding 
to, removing, or mixing the contents, and (5) minimizing organic HAP 
emissions during all cleaning operations.
    If your affected source has an existing documented plan that 
incorporates steps taken to minimize emissions from the aforementioned 
sources, then your existing plan could be used to satisfy the 
requirement for a work practice plan.
    Operations During Startup, Shutdown, or Malfunction. If you use a 
capture system and add-on control device for compliance, you would be 
required to develop and operate according to a startup, shutdown, and 
malfunction plan (SSMP) during

[[Page 2115]]

periods of startup, shutdown, or malfunction of the capture system and 
add-on control device.
    General Provisions. The General Provisions (40 CFR part 63, subpart 
A) also would apply to you as indicated in the proposed standards. The 
General Provisions codify certain procedures and criteria for all 40 
CFR part 63 NESHAP. The General Provisions contain administrative 
procedures, preconstruction review procedures for new sources, and 
procedures for conducting compliance-related activities such as 
notifications, recordkeeping and reporting, performance testing, and 
monitoring. The proposed standards refer to individual sections of the 
General Provisions to emphasize key sections that are relevant. 
However, unless specifically overridden in the proposed standards, all 
of the applicable General Provisions requirements would apply to you.

F. When Must I Comply With the Proposed Rule?

    Existing affected sources must comply within 3 years of [DATE OF 
PUBLICATION OF THE FINAL RULE IN THE Federal Register]. New or 
reconstructed affected sources must comply immediately upon initial 
startup or on [DATE OF PUBLICATION OF THE FINAL RULE IN THE Federal 
Register], whichever is later. A metal can surface coating affected 
source is existing if its construction or reconstruction of the 
facility commenced on or before January 15, 2003. An affected source is 
new if construction commenced after January 15, 2003. A metal can 
surface coating affected source is reconstructed if it meets the 
definition of reconstruction in 40 CFR 63.2 and reconstruction is 
commenced after January 15, 2003. The effective date is [DATE OF 
PUBLICATION OF THE FINAL RULE IN THE Federal Register].

G. What Are the Testing and Initial Compliance Requirements?

    Initial Compliance. Compliance with the emission limits is based on 
a 12-month rolling average. Therefore, for new or reconstructed 
affected sources using the compliant materials option or the emission 
rate without add-on controls option, the proposed initial compliance 
period begins on the first day of the first month following initial 
startup of the affected source or the effective date, whichever is 
later, and ends on the last day of the 12th month following initial 
startup or the effective date, whichever is later. For new or 
reconstructed affected sources that use a capture system and control 
device, the initial compliance period begins on the first day of the 
first month following the initial performance test and ends on the last 
day of the 12th month following the initial performance test. For all 
new or reconstructed affected sources, any partial month data between 
initial startup or initial performance test and initial compliance 
period must be added to the first month data. For existing affected 
sources, the proposed initial compliance period begins on the first day 
of the month in which the compliance date falls and ends on the last 
day of the 12th month following the compliance date.
    Being in compliance means that the owner or operator of the 
affected source meets the requirements to achieve the proposed emission 
limitations by the end of the initial compliance period. At the end of 
the initial compliance period, the owner or operator would use the data 
and records generated to determine whether or not the affected source 
is in compliance with the 12-month rolling average for that period. If 
the affected source does not meet the applicable limits and other 
requirements, it is out of compliance for the entire initial compliance 
period. We welcome specific comments on the compliance dates and the 
data collection activities required for the initial compliance period.
    Emission Limits. There are several proposed options for complying 
with the proposed emission limits, and the testing and initial 
compliance requirements vary accordingly.
    Option 1: Compliance Based on the Compliant Material Option. If you 
demonstrate compliance based on the compliant material option, you 
would determine the mass of organic HAP in all coatings and thinners 
used each month during the initial compliance period and the volume 
fraction of coating solids in all coatings used each month during the 
initial compliance period. To determine the mass of organic HAP in 
coatings and thinners and the volume fraction of coating solids, you 
could use either manufacturer's data or test results using the test 
methods listed below. You may use alternative test methods provided you 
get EPA approval in accordance with 40 CFR 63.7(f). However, if there 
is any inconsistency between the test method results (either EPA's or 
an approved alternative) and manufacturer's data, the test method 
results would prevail for compliance and enforcement purposes.
    ? For organic HAP content, use Method 311 of 40 CFR part 63, 
appendix A.
    ? The proposed rule allows you to use nonaqueous volatile 
matter as a surrogate for organic HAP. If you choose that option, then 
use Method 24 of 40 CFR part 60, appendix A, to determine nonaqueous 
volatile matter.
    ? For volume fraction of coating solids, use either 
information from the supplier or manufacturer of the material, ASTM 
Method D2697-86(1998), or ASTM Method D6093-97.
    To demonstrate initial compliance based on the compliant materials 
option, you would be required to demonstrate that the organic HAP 
content of each coating meets the applicable emission limits and that 
you use no organic-HAP-containing thinners.
    Option 2: Compliance Based on the Emission Rate Without Add-On 
Controls Option. If you demonstrate compliance based on the emission 
rate without add-on controls option, you would determine the mass of 
organic HAP in all coatings and thinners used in each coating type 
segment each month during the initial compliance period and the volume 
fraction of coating solids in all coatings in each coating type segment 
used each month during the initial compliance period.
    To determine the mass of organic HAP in coatings and thinners and 
the volume fraction of coating solids, you could use either 
manufacturer's data or test results using the test methods listed 
below. You may use alternative test methods provided you get EPA 
approval in accordance with 40 CFR 63.7(f). However, if there is any 
inconsistency between the test method results (either EPA's or an 
approved alternative) and manufacturer's data, the test method results 
would prevail for compliance and enforcement purposes.
    ? For organic HAP content, use Method 311.
    ? The proposed rule allows you to use nonaqueous volatile 
matter as a surrogate for organic HAP. If you choose that option, use 
Method 24 to determine nonaqueous volatile matter.
    ? For volume fraction of coating solids, use either 
information from the supplier or manufacturer of the material, ASTM 
Method D2697-86(1998), or ASTM Method D6093-97.
    To demonstrate initial compliance based on the emission rate 
without add-on controls option, you would be required to demonstrate 
that the total mass of organic HAP in all coatings and thinners in each 
coating type segment divided by the total volume of coating solids in 
that coating type segment meets the applicable emission limit. For the 
emission rate without add-on

[[Page 2116]]

controls option, you would be required to perform the following.
    ? Determine the quantity of each coating and thinner used in 
each coating type segment.
    ? Determine the mass of organic HAP in each coating and 
thinner in each coating type segment.
    ? Determine the volume fraction of coating solids for each 
coating in each coating type segment.
    ? Calculate the total mass of organic HAP in all materials in 
each coating type segment and total volume of coating solids in each 
coating type segment for each month of the initial compliance period. 
You may subtract from the total mass of organic HAP the amount 
contained in waste materials you send to a hazardous waste treatment, 
storage, and disposal facility regulated under 40 CFR part 262, 264, 
265, or 266.
    ? Calculate the ratio of the total mass of organic HAP for 
the materials used in each coating type segment to the total volume of 
coating solids used in the segment.
    ? Record the calculations and results and include them in 
your Notification of Compliance Status.
    Alternatively, if you apply coatings in more than one coating type 
segment within a subcategory, you may calculate an overall HAP emission 
limit for the subcategory and demonstrate compliance by including all 
coatings and thinners in all coating type segments in the subcategory 
in calculating the ratio of total mass of organic HAP to total volume 
of coating solids. If you use that approach, you must use the 
subcategory limit throughout the 12-month initial compliance period and 
may not switch between compliance with limits for individual coating 
type segments and an overall limit. You may not include coatings in 
different subcategories in determining your overall HAP limit by that 
approach.
    Option 3: Compliance Based on the Emission Rate With Add-On 
Controls Option. If you use a capture system and add-on control device 
other than a solvent recovery system for which you conduct a liquid-
liquid material balance, your testing and initial compliance 
requirements are as follows.
    ? Conduct an initial performance test to determine the 
capture and control efficiencies of the equipment and to establish 
operating limits to be achieved on a continuous basis.
    ? Determine the mass of organic HAP in each material and the 
volume fraction of coating solids for each coating used each month of 
the initial compliance period.
    ? Calculate the organic HAP emissions from the controlled 
coating operations using the capture and control efficiencies 
determined during the performance test and the total mass of organic 
HAP in materials used in controlled coating operations.
    ? Calculate the ratio of the total mass of organic HAP 
emissions to the total volume of coating solids used each month of the 
initial compliance period.
    ? Record the calculations and results and include them in the 
Notification of Compliance Status.
    If you use a capture system and add-on control device, other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances, you would determine both the efficiency of the capture system 
and the emissions reduction efficiency of the control device. To 
determine the capture efficiency, you would either verify the presence 
of a PTE using EPA Method 204 of 40 CFR part 51, appendix M, or use one 
of the protocols in 40 CFR 63.3565 to measure capture efficiency. If 
you have a PTE and all the materials are applied and dried within the 
enclosure and you route all exhaust gases from the enclosure to a 
control device, then you would assume 100 percent capture.
    To determine the emissions reduction efficiency of the control 
device, you would conduct measurements of the inlet and outlet gas 
streams. The test would consist of three runs, each run lasting at 
least 1 hour, using the following EPA Methods in 40 CFR part 60, 
appendix A:
    ? Method 1 or 1A for selection of the sampling sites;
    ? Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate;
    ? Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight. 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;
    ? Method 4 to determine stack moisture; and
    ? Method 25 or 25A to determine organic volatile matter 
concentration.
    Alternatively, any other test method or data that have been 
validated according to the applicable procedures in Method 301 of 40 
CFR part 63, appendix A, and approved by the Administrator, could be 
used.
    If you use a solvent recovery system, you could determine the 
overall control efficiency using a liquid-liquid material balance 
instead of conducting an initial performance test. If you use the 
material balance alternative, you would be required to measure the 
amount of all materials used in the affected source during each month 
of the initial compliance period and determine the volatile matter 
contained in these materials. You would also measure the amount of 
volatile matter recovered by the solvent recovery system each month of 
the initial compliance period. Then you would compare the amount 
recovered to the amount used to determine the overall control 
efficiency and apply this efficiency to the ratio of organic HAP to 
coating solids for the materials used. You would record the 
calculations and results and include them in your Notification of 
Compliance Status.
    Operating Limits. As mentioned above, you would establish operating 
limits as part of the initial performance test of an emission capture 
and control system. The operating limits are the values of certain 
parameters measured for capture systems and control devices during the 
most recent performance test that demonstrated compliance with the 
emission limits. The proposed rule specifies the parameters to monitor 
for the types of emission control systems commonly used in the 
industry.
    You would be required to install, calibrate, maintain, and 
continuously operate all monitoring equipment according to the 
manufacturer's specifications and ensure that the continuous parameter 
monitoring systems (CPMS) meet the requirements in 40 CFR 63.3568 of 
the proposed rule. If you use control devices other than those 
identified in the proposed rule, you would submit the operating 
parameters to be monitored to the Administrator for approval. The 
authority to approve the parameters to be monitored is retained by EPA 
and is not delegated to States.
    If you use a thermal oxidizer, you would continuously monitor the 
appropriate temperature and record it at least every 15 minutes. The 
temperature monitor is placed in the firebox or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs. 
The operating limit would be the average temperature measured during 
the performance test, and for each consecutive 3-hour period the 
average temperature would have to be at or above that limit.
    If you use a catalytic oxidizer you may choose from two methods to 
determine operating limits. In the first method, you would continuously 
monitor the temperature immediately before and after the catalyst bed 
and record it at least every 15 minutes. The operating limits would be 
the average temperature difference across the catalyst bed during the 
performance test, and for each 3-hour period the

[[Page 2117]]

average temperature and the average temperature difference would have 
to be at or above those limits. In the alternative method, you would 
continuously monitor the temperature immediately before the catalyst 
bed and record it at least every 15 minutes. The operating limit would 
be the average temperature just before the catalyst bed during the 
performance test, and for each 3-hour period the average temperature 
would have to be at or above that limit. As part of the alternative 
method, you must also develop and implement an inspection and 
maintenance plan for your catalytic oxidizer.
    If you use a carbon adsorber and do not conduct liquid-liquid 
material balances to demonstrate compliance, you would monitor the 
carbon bed temperature after each regeneration and the total amount of 
steam or nitrogen used to desorb the bed for each regeneration. The 
operating limits would be the carbon bed temperature (not to be 
exceeded) and the amount of steam or nitrogen used for desorption (to 
be met as a minimum).
    If you use a condenser, you would monitor the outlet gas 
temperature to ensure that the air stream is being cooled to a low 
enough temperature. The operating limit would be the average condenser 
outlet gas temperature measured during the performance test, and for 
each consecutive 3-hour period the average temperature would have to be 
at or below this limit.
    If you use a concentrator, you would monitor the desorption 
concentrate stream gas temperature and the pressure drop of the dilute 
stream across the concentrator. The operating limits would be the 
desorption concentrate gas stream temperature (to be met as a minimum) 
and the dilute stream pressure drop (not to be exceeded).
    For each capture system that is not a PTE, you would establish 
operating limits for gas volumetric flow rate or duct static pressure 
for each enclosure or capture device. The operating limit would be the 
average volumetric flow rate or duct static pressure during the 
performance test to be met as a minimum. For each capture system that 
is a PTE, the operating limit would require the average facial velocity 
of air through all natural draft openings to be at least 200 feet per 
minute or the pressure drop across the enclosure to be at least 0.007 
inch water.
    Work Practice Standards. If you use a capture system and control 
device for compliance, you would be required to develop and implement 
on an ongoing basis a work practice plan for minimizing organic HAP 
emissions from storage, mixing, material handling, and waste handling 
operations. That plan would include a description of all steps taken to 
minimize emissions from those sources (e.g., using closed storage 
containers, practices to minimize emissions during filling and transfer 
of contents from containers, using spill minimization techniques, 
etc.). You would have to make the plan available for inspection if the 
Administrator requests to see it.
    Operations During Startup, Shutdown, or Malfunction. If you use a 
capture system and control device for compliance, you would be required 
to develop and operate according to a SSMP during periods of startup, 
shutdown, or malfunction of the capture system and control device.
    Option 4: Compliance Based on the Control Efficiency/Outlet 
Concentration Option. If you use a capture system and add-on control 
device other than a solvent recovery system for which you conduct a 
liquid-liquid material balance, you may meet either of the applicable 
alternative limits summarized in Table 4 of this preamble instead of 
the organic HAP emission rate limits summarized in Tables 2 and 3 of 
this preamble. Prior to the initial performance test, you would be 
required to install control device parameter monitoring equipment to be 
used to demonstrate compliance with the capture and control 
efficiencies (or the capture efficiency of the capture system and the 
oxidizer outlet concentration) and to establish operating limits to be 
achieved on a continuous basis. During the initial compliance test, you 
would use the control device parameter monitoring equipment to 
establish parameter values that represent your operating requirements 
for the control systems. You would record the initial performance test 
results and include them in the Notification of Compliance Status.
    If you use a capture system and add-on control device other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances, you would verify the efficiency of the capture system is 100 
percent and determine the emissions reduction efficiency of the control 
device. To verify the capture efficiency, you would either verify the 
presence of a PTE using EPA Method 204 of 40 CFR part 51, appendix M, 
or use one of the protocols in Sec.  63.3565 to measure capture 
efficiency. If you have a PTE and all the materials are applied and 
dried within the enclosure and you route all exhaust gases from the 
enclosure to a control device, then you would assume 100 percent 
capture.
    To determine the emissions reduction efficiency of the control 
device, you would conduct measurements of the inlet and outlet gas 
streams. The test would consist of three runs, each run lasting at 
least 1 hour, using the following EPA Methods in 40 CFR part 60, 
appendix A:
    ? Method 1 or 1A for selection of the sampling sites;
    ? Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas 
volumetric flow rate;
    ? Method 3, 3A, or 3B for gas analysis to determine dry 
molecular weight. 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;
    ? Method 4 to determine stack moisture; and
    ? Method 25 or 25A to determine organic volatile matter 
concentration.
    Alternatively, any other test method or data that have been 
validated according to the applicable procedures in Method 301 of 40 
CFR part 63, appendix A, and approved by the Administrator, could be 
used.
    If you use a solvent recovery system, you could determine the 
overall control efficiency using a liquid-liquid material balance 
instead of conducting an initial performance test. If you use the 
material balance alternative, you would be required to measure the 
amount of all materials used in the affected source during each month 
of the initial compliance period and determine the volatile matter 
contained in these materials. You would also measure the amount of 
volatile matter recovered by the solvent recovery system each month of 
the initial compliance period. Then you would compare the amount 
recovered to the amount used to determine the overall control 
efficiency, and apply this efficiency to the ratio of organic HAP to 
coating solids for the materials used. You would record the 
calculations and results and include them in your Notification of 
Compliance Status.
    Operating Limits. As mentioned above, you would establish operating 
limits as part of the initial performance test of an emission capture 
and control system. The operating limits are the values of certain 
parameters measured for capture systems and control devices during the 
most recent performance test that demonstrated compliance with the 
emission limits. The proposed rule specifies the parameters to monitor 
for the types of emission control systems commonly used in the 
industry.

[[Page 2118]]

    You would be required to install, calibrate, maintain, and 
continuously operate all monitoring equipment according to the 
manufacturer's specifications and ensure that the CPMS meet the 
requirements in 40 CFR 63.3568 of the proposed rule. If you use control 
devices other than those identified in the proposed rule, you would 
submit the operating parameters to be monitored to the Administrator 
for approval. The authority to approve the parameters to be monitored 
is retained by EPA and is not delegated to States.
    If you use a thermal oxidizer, you would continuously monitor the 
appropriate temperature and record it at least every 15 minutes. The 
temperature monitor is placed in the firebox or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs. 
The operating limit would be the average temperature measured during 
the performance test, and for each consecutive 3-hour period the 
average temperature would have to be at or above that limit.
    If you use a catalytic oxidizer you may choose from two methods to 
determine operating limits. In the first method, you would continuously 
monitor the temperature immediately before and after the catalyst bed 
and record it at least every 15 minutes. The operating limits would be 
the average temperature difference across the catalyst bed during the 
performance test, and for each 3-hour period the average temperature 
and the average temperature difference would have to be at or above 
these limits. In the alternative method, you would continuously monitor 
the temperature immediately before the catalyst bed and record it at 
least every 15 minutes. The operating limit would be the average 
temperature just before the catalyst bed during the performance test, 
and for each 3-hour period the average temperature would have to be at 
or above this limit. As part of the alternative method, you must also 
develop and implement an inspection and maintenance plan for your 
catalytic oxidizer.
    If you use a carbon adsorber and do not conduct liquid-liquid 
material balances to demonstrate compliance, you would monitor the 
carbon bed temperature after each regeneration and the total amount of 
steam or nitrogen used to desorb the bed for each regeneration. The 
operating limits would be the carbon bed temperature (not to be 
exceeded) and the amount of steam or nitrogen used for desorption (to 
be met as a minimum).
    If you use a condenser, you would monitor the outlet gas 
temperature to ensure that the air stream is being cooled to a low 
enough temperature. The operating limit would be the average condenser 
outlet gas temperature measured during the performance test, and for 
each consecutive 3-hour period the average temperature would have to be 
at or below that limit.
    If you use a concentrator, you would monitor the desorption 
concentrate stream gas temperature and the pressure drop of the dilute 
stream across the concentrator. The operating limits would be the 
desorption concentrate gas stream temperature (to be met as a minimum) 
and the dilute stream pressure drop (not to be exceeded).
    For each capture system that is not a PTE, you would establish 
operating limits for gas volumetric flow rate or duct static pressure 
for each enclosure or capture device. The operating limit would be the 
average volumetric flow rate or duct static pressure during the 
performance test, to be met as a minimum. For each capture system that 
is a PTE, the operating limit would require the average facial velocity 
of air through all natural draft openings to be at least 200 feet per 
minute or the pressure drop across the enclosure to be at least 0.007 
inches water.
    Work Practice Standards. If you use a capture system and control 
device for compliance, you would be required to develop and implement 
on an ongoing basis a work practice plan for minimizing organic HAP 
emissions from storage, mixing, material handling, and waste handling 
operations. That plan would include a description of all steps taken to 
minimize emissions from those sources (e.g., using closed storage 
containers, practices to minimize emissions during filling and transfer 
of contents from containers, using spill minimization techniques, 
etc.). You would have to make the plan available for inspection if the 
Administrator requests to see it.
    Operations During Startup, Shutdown, or Malfunction. You would be 
required to develop and operate your capture system and control device 
according to a SSMP during periods of startup, shutdown, or malfunction 
of the capture system and control device.

H. What Are the Continuous Compliance Requirements?

    Option 1: Compliance Based on the Compliant Material Option. If you 
demonstrate compliance with the proposed emission limits based on the 
compliant material option, you would demonstrate continuous compliance 
if, for each 12-month compliance period, the organic HAP content of 
each coating used does not exceed the applicable emission limit and you 
use no thinner that contains organic HAP.
    Option 2: Compliance Based on the Emission Rate Without Add-On 
Controls Option. If you demonstrate compliance with the proposed 
emission limits based on the emission rate without add-on controls 
option, you would demonstrate continuous compliance if, for each 
rolling 12-month compliance period, the ratio of organic HAP in all 
coatings and thinners in each coating type segment to coating solids in 
that coating type segment is less than or equal to the applicable 
emission limit. You would follow the same procedures for calculating 
the organic HAP to coating solids ratio that you used for the initial 
compliance period. If you use an alternative calculated overall HAP 
emission limit for all coating type segments within a subcategory, you 
would use the same procedures that you used for the initial compliance 
period. Whichever approach you use must be used consistently throughout 
each 12-month compliance period.
    Option 3: Compliance Based on the Emission Rate With Add-On 
Controls Option. For each coating operation on which you use a capture 
system and control device, other than a solvent recovery system for 
which you conduct a liquid-liquid material balance, you would use the 
continuous parameter monitoring results for the month in determining 
the mass of organic HAP emissions. If the monitoring results indicate 
no deviations from the operating limits and there were no bypasses of 
the control device, you would assume the capture system and control 
device are achieving the same percent emissions reduction efficiency as 
they did during the most recent performance test in which compliance 
was demonstrated. You would then apply that percent reduction to the 
total mass of organic HAP in materials used in controlled coating 
operations to determine the monthly emission rate from those 
operations. If there were any deviations from the operating limits 
during the month or any bypasses of the control device, you would 
account for them in the calculation of the monthly emission rate by 
assuming the capture system and control device were achieving zero 
emissions reduction during the periods of deviation. Then, you would 
determine the annual average emission rate by calculating the ratio for 
the most recent 12-month period.
    For each coating operation on which you use a solvent recovery 
system and conduct a liquid-liquid material balance each month, you 
would use the liquid-

[[Page 2119]]

liquid material balance to determine control efficiency. To determine 
the overall control efficiency, you must measure the amount of all 
materials used during each month and determine the volatile matter 
content of these materials. You must also measure the amount of 
volatile matter recovered by the solvent recovery system during the 
month, calculate the overall control efficiency, and apply it to the 
total mass of organic HAP in the materials used to determine total 
organic HAP emissions. Then, you would determine the annual average 
emission rate by taking the average of the monthly ratios for the most 
recent 12-month period.
    Operating Limits. If you use a capture system and control device, 
the proposed rule would require you to achieve on a continuous basis 
the operating limits you establish during the performance test. If the 
continuous monitoring shows that the capture system and control device 
is operating outside the range of values established during the 
performance test, you have deviated from the established operating 
limits.
    If you operate a capture system and control device that allow 
emissions to bypass the control device, you would have to demonstrate 
that organic HAP emissions from each emission point within the affected 
source are being routed to the control device by monitoring for 
potential bypass of the control device. You may choose from the 
following four monitoring procedures:
    ? Flow control position indicator to provide a record of 
whether the exhaust stream is directed to the control device;
    ? Car-seal or lock-and-key valve closures to secure the 
bypass line valve in the closed position when the control device is 
operating;
    ? Valve closure continuous monitoring to ensure any bypass 
line valve or damper is closed when the control device is operating; or
    ? Automatic shutdown system to stop the coating operation 
when flow is diverted from the control device.
    If the bypass monitoring procedures indicate that emissions are not 
routed to the control device, you have deviated from the emission 
limits.
    Work Practice Standards. If you use an emission capture system and 
control device for compliance, you would be required to implement on an 
ongoing basis the work practice plan you developed during the initial 
compliance period. If you did not develop a plan for reducing organic 
HAP emissions or you do not implement the plan, that would be a 
deviation from the work practice standards.
    Operations During Startup, Shutdown, or Malfunction. If you use a 
capture system and control device for compliance, you would be required 
to develop and operate according to an SSMP during periods of startup, 
shutdown, or malfunction of the capture system and control device.
    Option 4: Compliance Based on the Control Efficiency/Outlet 
Concentration Option. If you use a capture system and add-on control 
device other than a solvent recovery system for which you conduct a 
liquid-liquid material balance, your testing and continuous compliance 
requirements are the same as those in Option 3. For add-on control 
systems, you would be required to install control device parameter 
monitoring equipment to be used to demonstrate compliance with the 
operating requirements for add-on control systems in today's proposed 
rule. If you operate a CPMS, it would have to collect data at least 
every 15 minutes and you would need to have at least three data points 
per hour to have a valid hour of data. You would have to operate the 
CPMS at all times the surface coating operation and control systems are 
operating. You would also have to conduct proper maintenance of the 
CPMS and maintain an inventory of necessary parts for routine repairs 
of the CPMS. Using the data collected with the CPMS, you would 
calculate and record the average values of each operating parameter 
according to the specified averaging times.

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

    You are required to comply with the applicable requirements in the 
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in 
the proposed rule. The General Provisions notification requirements 
include: Initial notifications, notification of performance test if you 
are complying using a capture system and control device, notification 
of compliance status, and additional notifications required for 
affected sources with continuous monitoring systems. The General 
Provisions also require certain records and periodic reports.
    Initial Notification. If the proposed standards apply to you as a 
new or reconstructed affected source, you must send a notification to 
the EPA Regional Office in the region where your facility is located 
and to your State agency within 120 days after the date of initial 
startup or 120 days after publication of the final rule, whichever is 
later. Existing affected sources must send the initial notification 
within 1 year after publication of the final rule. The report notifies 
us and your State agency that you have constructed a new facility, 
reconstructed an existing facility, or you have an existing facility 
that is subject to the proposed rule. Thus, it allows you and the 
permitting authority to plan for compliance activities. You would also 
need to send a notification of planned construction or reconstruction 
of a source that would be subject to the proposed rule and apply for 
approval to construct or reconstruct.
    Notification of Performance Test. If you demonstrate compliance by 
using a capture system and control device for which you do not conduct 
a liquid-liquid material balance, you would conduct a performance test. 
For a new or reconstructed affected source, the performance test would 
be required no later than 180 days after initial startup or 180 days 
after publication of the final rule, whichever is later. For an 
existing source, the performance test would be required no later than 
the compliance date. You must notify us (or the delegated State or 
local agency) at least 60 calendar days before the performance test is 
scheduled to begin, as indicated in the General Provisions for the 
NESHAP.
    Notification of Compliance Status. Your compliance procedures would 
depend on which compliance option you choose. For each compliance 
option, you would send us a Notification of Compliance Status within 30 
days after the end of the initial compliance period. In the 
notification, you would certify whether the affected source has 
complied with the proposed standards, identify the option(s) you used 
to demonstrate initial compliance, summarize the data and calculations 
supporting the compliance demonstration, and describe how you will 
determine continuous compliance.
    If you elect to comply by using a capture system and control device 
for which you conduct performance tests, you must provide the results 
of the tests. Your notification would also include the measured range 
of each monitored parameter and the operating limits established during 
the performance test, and information showing whether the affected 
source has complied with its operating limits during the initial 
compliance period.
    Recordkeeping Requirements. You would be required to keep records 
of reported information and all other information necessary to document 
compliance with the proposed rule for 5 years. As required under the 
General Provisions, records for the 2 most recent years must be kept 
on-site; the other 3

[[Page 2120]]

years' records may be kept off-site. Records pertaining to the design 
and operation of control and monitoring equipment must be kept for the 
life of the equipment.
    Depending on the compliance option that you choose, you may need to 
keep records of the following:
    ? Organic HAP content, volatile matter content, coating 
solids content, and quantity of the coatings and other materials 
applied; and
    ? All documentation supporting initial notifications and 
notifications of compliance status.
    If you demonstrate compliance by using a capture system and control 
device, you would also need to keep records of the following:
    ? The occurrence and duration of each startup, shutdown, or 
malfunction of the emission capture system and control device;
    ? All maintenance performed on the capture system and control 
device;
    ? Actions taken during startup, shutdown, and malfunction 
that are different from the procedures specified in the affected 
source's SSMP;
    ? All information necessary to demonstrate conformance with 
the affected source's SSMP when the plan procedures are followed;
    ? All information necessary to demonstrate conformance with 
the affected source's plan for minimizing emissions from mixing, 
storage, and waste handling operations;
    ? Each period during which a CPMS is malfunctioning or 
inoperative (including out of control periods);
    ? All required measurements needed to demonstrate compliance 
with the standards; and
    ? All results of performance tests.
    The proposed rule would require you to collect and keep records 
according to your monitoring plan. Failure to collect and keep the 
specified minimum data would be a deviation that is separate from any 
emission limits, operating limits, or work practice standards.
    Deviations, as determined from those records, would need to be 
recorded and also reported. A deviation is any instance when any 
requirement or obligation established by the proposed rule including, 
but not limited to, the emission limits, operating limits, and work 
practice standards, are not met.
    If you use a capture system and control device to reduce organic 
HAP emissions, you would have to make your SSMP available for 
inspection if the Administrator requests to see it. The plan would stay 
in your records for the life of the affected source or until the 
affected source is no longer subject to the proposed standards. If you 
revise the plan, you would need to keep the previous superceded 
versions on record for 5 years following the revision.
    Periodic Reports. Each year is divided into two semiannual 
reporting periods. If no deviations occur during a semiannual reporting 
period, you would submit a semiannual report stating that the affected 
source has been in continuous compliance. If deviations occur, you 
would need to include them in the report as follows:
    ? Report each deviation from the emission limit.
    ? Report each deviation from the work practice standards if 
you use an emission capture system and control device.
    ? If you use an emission capture system and control device, 
report each deviation from an operating limit and each time a bypass 
line diverts emissions from the control device to the atmosphere.
    ? Report other specific information on the periods of time 
and details of deviations that occurred.
    You would also have to include an explanation in each semiannual 
report if a change occurs that might affect the compliance status of 
the affected source or you change to another option for meeting the 
applicable emission limit.
    Other Reports. You would be required to submit reports for periods 
of startup, shutdown, and malfunction of the capture system and control 
device. If the procedures you follow during any startup, shutdown, or 
malfunction are inconsistent with your plan, you would report those 
procedures with your semiannual reports in addition to immediate 
reports required by the General Provisions in section 63.10(d)(5)(ii).

III. Rationale for Selecting the Proposed Standards

A. How Did We Select the Source Category and Subcategories?

    Metal can surface coating operations is on the CAA list of source 
categories to be regulated because it contains major sources that emit 
or have the potential to emit at least 9.07 Mg (10 tons) of any one HAP 
or at least 22.7 Mg (25 tons) of any combination of HAP annually. The 
proposed rule would control HAP emissions from both new or 
reconstructed and existing major sources. Area sources are not being 
regulated under the proposed rule.
    We intend the source category to include facilities for which the 
surface coating of metal cans is either their principal activity or is 
an integral part of a production process which is the principal 
activity. While some facilities are entirely dedicated to surface 
coating, most metal can surface coating operations are located at plant 
sites for which can manufacturing is the principal activity. Both 
stand-alone and co-located surface coating operations are included in 
the source category, and the definition of the source category is 
intended to reflect that inclusion. The project database was used to 
identify those ``major source'' or ``synthetic minor source'' 
facilities that reported using at least 5,700 liter/yr (1,500 gal/yr) 
of coatings in metal can surface coating operations.
    The source category does not include research or laboratory 
facilities or janitorial, building, and facility maintenance 
operations.
    Subcategory Selection. The statute gives us discretion to determine 
if and how to subcategorize. A subcategory is a group of similar 
sources within a given source category. As part of the regulatory 
development process, we evaluate the similarities and differences among 
industry segments or groups of facilities comprising a source category. 
In establishing subcategories, we consider factors such as process 
operations (type of process, raw materials, chemistry/formulation data, 
associated equipment, and final products), emission characteristics 
(amount and type of HAP), control device applicability, and 
opportunities for pollution prevention. We may also consider existing 
regulations or guidance from States and other regulatory agencies in 
determining subcategories.
    After reviewing survey responses from the industry, facility site 
visit reports, and information received from stakeholder meetings we 
found that the metal can surface coating industry may be grouped into 
four product groups or subcategories with different coating processes 
and performance requirements. The four subcategories are (1) One- and 
two-piece D&I can body coating, (2) sheetcoating, (3) three-piece can 
body assembly coating, and (4) end lining. We also found significant 
differences in coating requirements for cans manufactured for different 
end uses within several of these subcategories that warranted further 
segmentation into coating types within the subcategories. Descriptions 
of each subcategory and coating type segment are given in the following 
paragraphs.
    One- and Two-Piece Draw and Iron Can Body Coating. Aluminum or 
steel D&I cans are made from metal coil by stamping out shallow metal 
cups which are then placed on a cylinder and forced through a series of 
rings of decreasing annular space to further draw out the

[[Page 2121]]

wall of the can and iron out folds in the metal. Surface coatings, both 
interior and exterior, are then applied to the formed can.
    There are several reasons why D&I can body coating is a separate 
subcategory. In both annual production and overall HAP emissions, cans 
made by the D&I process make up the largest component of the metal can 
manufacturing industry. The processes by which they are produced and 
surface-coated, and, to some extent, the coatings used, differ 
significantly from those used for other types of cans, and because of 
existing VOC rules and the coating processes and configuration of D&I 
facilities, emission control devices are commonly used.
    While the general production and coating application processes are 
similar for all D&I cans, differences in coating types and relative 
amount of coating used for cans with different end uses warrant a 
further subdivision of that subcategory into three coating type 
segments: (1) Two-piece beverage can coatings, (2) two-piece food can 
coatings, and (3) one-piece aerosol can coatings. A different MACT 
standard is proposed for each of those segments.
    Sheetcoating. The subcategory includes all of the flat metal sheet 
coating operations associated with the manufacture of three-piece cans, 
decorative tins, crowns and closures, and two-piece draw-redraw cans. 
The methods of coating application and the types of coatings used on 
flat sheets differ significantly from those used in the other 
subcategories. The coatings (interior and exterior base coatings, 
decorative inks, and overvarnishes) are most commonly applied by roller 
to the flat metal sheets, which then pass through a curing oven. While 
those emission points are sometimes uncontrolled, the best-performing 
sources typically control emissions through the use of ultraviolet 
cured coatings or partial or total enclosures routed to thermal or 
catalytic oxidizers that achieve destruction efficiencies of 95 percent 
or higher. Decorative inks, which make up a significant proportion of 
the coatings used in sheetcoating, have very low concentrations of HAP 
and are inherently low-emitting.
    Three-Piece Can Body Assembly Coatings. Three-piece cans consist of 
an open-ended can body and two separate ends. Can body assembly is the 
step in the three-piece can manufacturing process in which flat body 
blanks are formed into a cylinder and the side seams are joined 
together. Coating operations associated with can body assembly are 
interior and exterior side seam stripe and inside spray applications.
    Several characteristics of three-piece can body assembly coating 
place it in a separate subcategory. Can assembly facilities use only a 
limited number of coatings in relatively small total volumes. Side seam 
striping is unique in that the application process and coating 
formulations have higher solvency requirements than other can body and 
end coatings and end seal compounds. Side seam stripe emissions are 
typically uncontrolled because emission rates are low and capturing 
emissions is not economical due to high air flow rates and low solvent 
loading.
    Three-piece cans made for different end uses and contents require 
coatings, particularly side seam stripes, with widely differing 
chemical characteristics and shelf life requirements. Some food cans 
must be sterilized before filling by subjecting them to high 
temperature steam, chemicals, or a combination of both, while other 
food cans do not require this kind of aseptic processing. Different 
kinds of foods vary in their acid contents. Coatings required on cans 
for these different end uses often have significantly different HAP 
contents. Inside spray coatings also differ from side seam stripes in 
quantity used and chemical composition. For those reasons, the three-
piece can body assembly coating subcategory is divided into five 
distinct coating type segments with different emission limits for each. 
Those segments include: (1) Inside spray coatings, (2) aseptic side 
seam stripe coatings for food cans, (3) non-aseptic side seam stripe 
coatings for food cans, (4) side seam stripe coatings for non-food 
general line cans, and (5) side seam stripe coatings for non-food 
aerosol cans.
    End Lining Coatings. End lining coating operations consisting of 
the application of end seal compounds to can ends are in a separate 
subcategory for several reasons. Unlike other coatings, end seal 
compounds are applied in a bead around the edges of can ends. Curing 
takes place under ambient conditions (not in a curing oven) over a 
longer period of time than other coatings. And the coating formulation 
(solids content, types of solvents used) of end seal compounds differs 
significantly from other coatings. Emissions from end lining operations 
are not controlled because the curing rate of end seal compounds is 
slow. Controlling such volatile HAP emissions is not cost effective, 
since it would result in a high volume, low concentration emission 
stream requiring significant auxiliary fuel usage to achieve a high 
destruction efficiency.
    As with side seam stripes, some end seal compounds must withstand 
aseptic processing while others do not have to meet that requirement. 
There are significant differences in formulation and HAP content (and 
emissions) for end seal compounds for aseptic and non-aseptic 
applications. For that reason the end lining subcategory is divided 
into two coating type segments: aseptic and non-aseptic.

B. How Did We Select the Regulated Pollutants?

    Organic HAP. Available emission data collected during the 
development of the proposed rule show that the primary organic HAP 
emitted from metal can surface coating operations include EGBE and 
other glycol ethers, xylenes, hexane, MEK, and MIBK. Those compounds 
account for 95 percent of that source category's nationwide organic HAP 
emissions. Other significant organic HAP emissions include isophorone, 
ethyl benzene, toluene, trichloroethylene, formaldehyde, and 
naphthalene. Because coatings used by metal can surface coating 
operations contain many combinations of those and other organic HAP, it 
is not practical to regulate them individually. Therefore, the proposed 
rule would regulate emissions of all organic HAP.
    Inorganic HAP. Based on information reported during the development 
of the proposed rule, inorganic HAP contained in the coatings used by 
that source category include chromium, manganese, and antimony 
compounds. Because these inorganic compounds are in the coating solids, 
they are retained in the dry (film) coating on the substrate to which 
the coating is applied. The only opportunity for any quantifiable 
solids material to enter the ambient air is if they are spray-applied 
and emitted as overspray. Because of the atomization of the coating 
during spray application, inorganic compounds become airborne and are 
either deposited on the substrate, fall to the floor in the spray 
application area, or enter the air and become susceptible to transport 
to other areas in the building or outside into the ambient air. The 
data available to EPA indicate that the facilities in that source 
category that use spray application techniques in rare instances apply 
coatings that contain inorganic HAP compounds. However, because they do 
not have emission control systems for inorganic compounds, there is no 
demonstrated control technology on which to base a standard. Therefore, 
the proposed rule would not regulate emissions of inorganic HAP.

[[Page 2122]]

C. How Did We Select the Affected Source?

    In selecting the affected source(s) for emission standards, our 
primary goal is to ensure that MACT is applied to HAP-emitting 
operations or activities within the source category or subcategory 
being regulated. The affected source also serves to determine where new 
source MACT applies under a particular standard. Specifically, the 
General Provisions in subpart A of 40 CFR part 63 define the terms 
``construction'' and ``reconstruction'' with reference to the term 
``affected source'' and provide that new source MACT applies when 
construction or reconstruction of an affected source occurs. The 
collection of equipment and activities evaluated in determining MACT 
(including the MACT floor) is used in defining the affected source.
    When an emission standard is based on a collection of emission 
sources or total facility emissions, we select an affected source based 
on that same collection of emission sources, or the total facility, as 
well. That approach for defining the affected source broadly is 
particularly appropriate for industries where a plantwide emission 
standard provides the opportunity and incentive for owners and 
operators to utilize control strategies that are more cost-effective 
than if separate standards were established for each emission point 
within an affected source.
    Selection of Affected Source. The affected source for the proposed 
standards is broadly defined for each subcategory. It includes all 
metal can surface coating operations and associated ancillary equipment 
within each of the four subcategories. Those operations include all 
coating application equipment, all coating and thinner storage 
containers and mixing vessels, all equipment and containers used for 
conveying coatings and thinners, and all storage containers and 
conveyance equipment for waste materials generated by a metal can 
surface coating operation.
    Since a facility may have coating operations in more than one 
subcategory and, thus, be subject to separate emission limits for each 
subcategory, we have defined all the coating-related equipment in each 
subcategory as the affected source. In selecting the affected source, 
we considered, for each operation, the extent to which HAP-containing 
materials are used and the amount of HAP that are emitted. Coating 
application, flash-off, and curing/drying operations account for the 
majority of HAP emission and are included in the affected source.
    We were not able to obtain data to adequately quantify HAP 
emissions from storage, mixing, cleaning, waste handling and wastewater 
treatment. However, solvents that are added to coatings as thinners, 
for example, may be emitted during mixing and storage. The level of 
emissions depends on the type of mixing and the type of storage 
container and the work practices used at the affected source. The 
magnitude of emissions from cleaning depends primarily on the type, 
amount, and HAP content of cleaning materials used. Emissions from 
waste handling operations depend on the type of system used to collect 
and transport organic-HAP-containing waste materials in the affected 
source. The HAP emissions from wastewater treatment depend on the 
quantity and types of HAP discharged to the wastewater treatment 
operation and the subsequent wastewater treatment processes, e.g., 
treatment by aeration or by biodegradation. Mixing, storage, cleaning, 
waste handling, and wastewater treatment operations are included in the 
affected source.
    A broad definition of the affected source was selected to provide 
maximum flexibility in complying with the proposed emission limits for 
organic HAP. In planning its total usage of HAP-containing materials, 
each affected source can select among available coating, printing, 
thinning, and cleaning materials, as well as use of emission capture 
systems and add-on controls for coating operations, to maximize 
emissions reductions in the most cost-effective manner.
    Additional information on the metal can surface coating operations 
selected for regulation and other operations are included in the docket 
for the proposed standards.

D. How Did We Determine the Basis and Level of the Proposed Standards 
for New or Reconstructed Affected Sources and Existing Affected 
Sources?

    The sections below present the rationale for determining the MACT 
floor, regulatory alternatives beyond the floor, and selection of the 
proposed standards for new or reconstructed and existing affected 
sources.
    How did we determine the MACT floor? After we identify the specific 
source categories or subcategories of sources to regulate under section 
112 of the CAA, we must develop emission standards for each category 
and subcategory. Section 112(d)(3) establishes a minimum baseline or 
floor for standards. For new or reconstructed affected sources in a 
category or subcategory, the standards cannot be less stringent than 
the emission control achieved in practice by the best-controlled 
similar source for which we have emission information. The standards 
for existing affected sources can be less stringent than standards for 
new or reconstructed sources, but they cannot be less stringent than 
the average emission control achieved by the best-performing 12 percent 
of existing sources (or the best-performing five existing sources for 
categories or subcategories with fewer than 30 sources) for which we 
have emission information.
    In the metal can surface coating industry, organic HAP emission 
control for surface coating operations is accomplished through the use 
of low- or no-HAP coatings and thinners and add-on capture and control 
systems. While various emission control techniques have achieved broad 
use in the industry, different facilities use various combinations of 
low- or no-HAP materials and add-on control equipment for different 
types of surface coating operations. For example, the continuous linear 
configuration of sheetcoating operations make them more amenable to 
emissions reduction with add-on control equipment, while the nature of 
side seam stripe coating applications make add-on emission control 
impractical.
    Thus, the most reasonable approach to establishing a MACT floor is 
the evaluation of a source's organic HAP emissions for each type of 
coating operation and each coating type segment it includes. To account 
for differences in coating volumes used in different types of 
operations and differences in production levels from one source to 
another, we normalized the organic HAP emission rate by the volume of 
coating solids used.
    We used information obtained from industry survey responses to 
estimate the organic HAP emission rate for each subcategory and coating 
type segment included in each facility. We calculated total organic HAP 
emissions by assuming that 100 percent of the volatile components in 
all coatings and thinners are emitted. Sources used for determining the 
MACT floor emission limits included those facilities that listed major 
source or synthetic minor source as their title V status on their 
responses to questionnaires we sent to them and that used at least 
5,700 liters/yr (1,500 gal/yr) of coatings in metal can surface coating 
operations. Other sources were included if their data indicated that 
they have the capacity to increase their organic HAP emissions to at 
least 9.1 Mg/yr (10 tpy), even though

[[Page 2123]]

they did not identify themselves as major or synthetic minor sources.
    Using the organic HAP emissions and the total volume of coating 
solids used in each subcategory and coating type segment for each 
survey respondent, we calculated the normalized organic HAP emissions 
(emission rate) in units of kilograms (kg) organic HAP per liter of 
coating solids (pounds (lb) organic HAP per gal of coating solids) 
used. The sources were then ranked from the lowest to the highest 
emission rate in each of the four subcategories and coating type 
segments.
    For subcategories and coating segments in which there were more 
than 30 sources, the existing source MACT floor was based on the top 12 
percent of the sources. For subcategories and coating segments with 
fewer than 30 sources, the existing source MACT floor was based on the 
top five sources. The average emission rate for each subcategory was 
interpreted as the median value of the included sources. The median 
emission rate was selected rather than the mean or mode because it is 
associated with an actual emission rate being achieved by a real 
facility. The best performing source in each subcategory or coating 
segment in the database determined the MACT floor for new or 
reconstructed affected sources.
    The MACT floor analysis for new affected sources resulted in the 
emission limits for each subcategory and coating segment given in Table 
2 of this preamble. The analysis for existing affected sources resulted 
in emission limits given in Table 3 of this preamble. The alternative 
control efficiency and outlet concentration limits for those new and 
existing sources using capture and control systems are given in Table 4 
of this preamble. The survey data showed no appreciable differences in 
substrates coated, coating technologies used, or the applicability of 
control measures between the floor sources and the remaining sources in 
each subcategory and coating segment.
    After the floors have been determined for new or reconstructed and 
existing sources in a source category or subcategory, we must set 
emission standards that are technically achievable and no less 
stringent than the floors. Such standards must then be met by all 
affected sources within the source category or subcategory. We identify 
and consider any reasonable regulatory alternatives that are beyond-
the-floor, taking into account emissions reductions, cost, non-air 
quality health and environmental impacts, and energy requirements. 
Different beyond-the-floor alternatives may be considered for new or 
reconstructed affected sources and existing affected sources.
    The beyond-the-floor option considered for all the subcategories 
and for both new and existing sources was requiring the use of capture 
systems and add-on control devices for all metal can surface coating 
operations. The add-on control device chosen for the beyond-the-floor 
analysis was a regenerative thermal oxidizer (RTO). An RTO was chosen 
to reflect the highest emission reduction level possible.
    In evaluating the beyond-the-floor option, we calculated the 
additional costs and emission reductions associated with the use of a 
capture system and RTO. We calculated the cost to reduce each ton of 
organic HAP emissions using the more stringent level of control. 
Requiring sources to meet the beyond-the-floor level would result in an 
estimated additional emissions reduction of 283 Mg/yr (312 tpy) at an 
estimated cost of $14.6 million per year or $51,600 per Mg HAP ($46,800 
per ton HAP) reduced.
    Without having information on the benefits that would be achieved 
by reducing emissions beyond-the-floor, we determined that the 
additional emission reductions that could be achieved do not warrant 
the costs that each affected source would incur by using add-on 
controls. Therefore, we are not requiring beyond-the-floor levels of 
emissions reductions at this time. After implementation of those 
standards, we will evaluate the health and environmental risks that may 
be posed as a result of exposure to emissions from the metal can 
surface coating source category. At that time, we will determine 
whether additional control is warranted in light of the available risk 
information.
    We note here that our assumption, used in the development of the 
MACT floors, that 100 percent of the organic HAP in the materials used 
are emitted by the affected source would not apply when the source 
sends organic HAP waste materials to a facility for treatment or 
disposal. We made that assumption because the industry survey responses 
provided little information as to the amount of organic HAP recovered 
and recycled or treated and disposed of as a hazardous waste. We, 
therefore, concluded that the practice may not be common within the 
metal can surface coating industry. We recognize, however, that some 
metal can surface coating facilities may conduct such activities and 
should be allowed to account for such activities in determining their 
emissions. Thus, the proposed rule allows you to reduce the organic HAP 
emissions by the amount of any organic HAP contained in waste treated 
or disposed of at a hazardous waste treatment, storage, and disposal 
facility that is regulated under 40 CFR part 262, 264, 265, or 266.
    The alternative capture/control efficiency limit of 95 percent for 
existing sources and 97 percent for new or reconstructed sources, and 
the 20 parts per million by volume HAP outlet concentration limit are 
based on the documented emission reductions in test reports provided by 
metal can facilities and the EPA's study of available incinerator 
technology, cost, and energy use. We are requesting specific comment on 
the usefulness and likelihood of the proposed alternative limits and 
the level of control required by the alternative limits.

E. How Did We Select the Format of the Standards?

    We selected the primary format of the standards to be mass of HAP 
per volume of coating solids. We selected volume of coating solids to 
normalize the rate of organic HAP emissions across all sizes and types 
of coating operations and facilities. Volume of coating solids used is 
directly related to the surface area coated and, therefore, provides an 
equitable basis of comparison for all coatings, regardless of 
differences in coating densities. A format based on the mass or weight 
of coating solids instead of volume could result in inequitable 
standards for higher-density coatings compared to coatings with lower 
densities per unit volume.
    To provide compliance flexibility, we also provided an alternative 
compliance option based on percent reduction achieved by a capture 
system and control device or the HAP concentration exiting a control 
device. We selected those alternative formats because they would 
achieve equivalent or greater HAP emissions reduction at those 
facilities using capture/control systems while reducing the 
recordkeeping and reporting burden for those facilities. Those 
alternative limits are based on test report data provided by industry 
and reflect what we believe to be the achievable level of control 
available with control devices commonly used by the metal can surface 
coating industry.
    Another choice for the format of the standards that we considered 
but rejected was a usage limit (mass of HAP per unit of production). As 
it is not our intent to limit a facility's production under those 
proposed standards, we rejected a usage limit.

[[Page 2124]]

F. How Did We Select the Testing and Initial Compliance Requirements?

    The MACT levels of control can be achieved in several different 
ways. Many affected sources would be able to use low- or no-HAP 
coatings, although they may not be available to meet all needs. If an 
affected source also uses thinners containing organic HAP, it may be 
able to switch to widely available low- or no-HAP thinners to reduce 
organic HAP emissions to the MACT level of control. Other affected 
sources may use capture systems and add-on control devices, either 
alone or in combination with low- HAP coatings, to reduce emissions.
    Reflecting those alternative approaches, the proposed standards 
would allow you to choose among several options to demonstrate 
compliance with the proposed standards for organic HAP, using coatings 
and thinners with low- or no-organic HAP, using a combination of low- 
or no-HAP coatings and emission capture and control devices, or using 
emission capture and control devices for all surface coating 
operations.
    For the Compliant Material Option. You would be required to 
document the organic HAP content of all coatings and show that each is 
less than the applicable emission limit. You would also have to show 
that each thinner used contains no organic HAP. Method 311 is the 
method developed by EPA for determining the mass fraction of organic 
HAP in coatings and has been used in previous surface coating NESHAP. 
We have not identified any other methods that provide advantages over 
Method 311 for use in the proposed standards.
    Method 24 is the method developed by EPA for determining the mass 
fraction of volatile matter for coatings and can optionally be used to 
determine the nonaqueous volatile matter content as a surrogate for 
organic HAP. In past standards, volatile organic compound (VOC) 
emission control measures have been implemented in coating industries 
with Method 24 as the compliance method. We have not identified any 
other methods that provide advantages over Method 24 for use in the 
proposed standards.
    The proposed methods for determining volume fraction of coating 
solids are either ASTM Method D2697-86(1998) or ASTM Method D6093-97. 
Those are voluntary consensus standards (VCS) determined to be 
appropriate for the proposed rule; they represent the consensus of 
coating industry and other experts involved in their development.
    For the Emission Rate Without Add-On Controls Option. To 
demonstrate initial compliance using that option, you would calculate 
the total organic HAP emission rate for all of your coating 
operation(s) in each subcategory and coating type segment. Total 
organic HAP emission rate is based on the total mass of organic HAP in 
all coatings and thinners and the total volume of coating solids used 
during the initial compliance period. You would be required to 
demonstrate that the organic HAP emission rate does not exceed the 
applicable emission limit using the methods discussed previously.
    For the Emission Rate With Add-On Controls Option. If you use a 
capture system and control device, other than a solvent recovery device 
for which you conduct a monthly liquid-liquid material balance, you 
would be required to conduct an initial performance test of the system 
to determine its overall control efficiency. For a solvent recovery 
system for which you conduct a liquid-liquid material balance, you 
would determine the quantity of volatile matter applied and the 
quantity recovered during the initial compliance period to determine 
its overall control efficiency. The total monthly mass of organic HAP 
in all coatings and thinners used in each subcategory or coating 
segment with controls would be reduced by the overall control 
efficiency. That reduced value for total mass of organic HAP would then 
be used with the values from the preceding 11 months to calculate the 
12-month rolling average organic HAP emission rate in kg HAP/liter of 
coating solids (lb HAP/gal of coating solids).
    If you conduct a performance test, you would also determine 
parameter operating limits during the test. The test methods that the 
proposed standards would require for the performance test have been 
required under many standards of performance for industrial surface 
coating sources under 40 CFR part 60 and NESHAP under 40 CFR part 63. 
We have not identified any other methods that provide advantages over 
those methods.
    For the Capture Efficiency/Outlet Concentration Option. If you use 
a capture system and control device other than a solvent recovery 
device for which you conduct a monthly liquid-liquid material balance, 
you would be required to conduct an initial performance test of the 
system to determine its overall control efficiency or the control 
device outlet concentration and meet the same initial compliance 
requirements described in Option 3.

G. How Did We Select the Continuous Compliance Requirements?

    To demonstrate continuous compliance with the emission limits, you 
would need records of the quantity of coatings and thinners used and 
the data and calculations supporting your determination of their 
organic HAP content. If you conduct liquid-liquid material balances, 
you would need records of the quantity of volatile matter used and the 
quantity recovered by the solvent recovery systems each month.
    To ensure continuous compliance with the proposed organic HAP 
emission limits and operating limits, the proposed standards would 
require continuous parameter monitoring of capture systems and control 
devices and recordkeeping. We selected the following requirements based 
on reasonable cost, ease of execution, and usefulness of the resulting 
data to both the owners or operators and EPA for ensuring continuous 
compliance with the emission limits and operating limits.
    We are proposing that certain parameters be continuously monitored 
for the types of capture systems and control devices commonly used in 
the industry. Those monitoring parameters have been used in other 
standards for similar industries. The values of those parameters that 
correspond to compliance with the proposed emission limits are 
established during the initial or most recent performance test that 
demonstrates compliance. Those values are your operating limits for the 
capture system and control device.
    You would be required to determine 3-hour average values for most 
monitored parameters for the affected source. We selected that 
averaging period to reflect operating conditions during the performance 
test to ensure the control system is continuously operating at the same 
or better control level as during a performance test demonstrating 
compliance with the emission limits.

H. How Did We Select the Test Methods for Determining Compliance With 
the Emission Limits Using Add-On Control Devices?

    Today's proposed rule would require you to conduct performance 
tests to demonstrate compliance with the compliance options using add-
on control devices. When determining compliance with options using add-
on control devices, you also would be required to determine the capture 
efficiency of the associated enclosures if the enclosure does not 
qualify as a PTE. The test methods you would have to use to measure 
those pollutants and capture

[[Page 2125]]

efficiency for enclosures are discussed below.
    We are proposing the use of EPA Method 25A, ``Determination of 
Total Gaseous Organic Matter Concentration Using a Flame Ionization 
Analyzer,'' for measuring THC emissions because most of the metal can 
facilities that are already required to measure THC emissions use that 
method. Also, most of the available emissions data that we used to 
evaluate THC control efficiencies were measured using Method 25A and 
reported on an as carbon basis. Method 25A is better suited than EPA 
Method 25, ``Measurement of Total Gaseous Nonmethane Organic Emissions 
as Carbon (TGNMO),'' for measuring emission streams from metal can 
coating lines which typically have lower THC concentrations (less than 
50 parts per million) and relatively high moisture contents. However, 
unlike Method 25, Method 25A does measure methane as a THC. Because 
many of the well-controlled metal can facilities are required by permit 
to reduce VOC emissions, those facilities generally are allowed to 
subtract methane emissions from the THC measurement when reporting VOC 
emissions because methane is not a VOC, according to EPA's definition 
of VOC. Therefore, we also would allow you to subtract methane 
emissions from measured THC values using EPA Method 18, ``Measurement 
of Gaseous Organic Compound Emissions by Gas Chromotography.'' Method 
18 is a self-validating method.
    We are proposing the use of EPA Method 204, ``Criteria for and 
Verification of Permanent or Temporary Total Enclosure,'' and Methods 
204A through 204F for determining the capture efficiency of enclosures. 
Methods 204A through 204F include the following: Method 204A, 
``Volatile Organic Compounds Content In Liquids Input Stream,'' Method 
204B, ``Volatile Organic Compounds Emissions In Captured Stream,'' 
Method 204C, ``Volatile Organic Compounds Emissions In Captured Stream 
(Dilution Technique),'' Method 204D, ``Volatile Organic Compounds 
Emissions In Uncaptured Stream From Temporary Total Enclosure,'' Method 
204E, ``Volatile Organic Compounds Emissions In Uncaptured Stream From 
Building Enclosure,'' and Method 204F, ``Volatile Organic Compounds 
Content In Liquid Input Stream (Distillation Approach).'' If the 
enclosure meets the criteria in EPA Method 204 for a PTE, then you may 
assume that its capture efficiency is 100 percent. If the enclosure is 
not a PTE, then you would have to build a temporary total enclosure 
(TTE) around it that meets the definition of a TTE in EPA Method 204, 
and you would be required to determine the capture efficiency of the 
TTE using Methods 204A through 204F (as appropriate). You would then 
have to measure emissions from both the control device and the TTE and 
use the combined emissions to determine compliance.
    Industry representatives have expressed concern with using EPA 
Methods 204 and 204A through F for determining capture efficiency of 
coating line enclosures. The industry representatives have indicated 
that some facilities may have difficulty retrofitting a PTE or TTE that 
meets the EPA Method 204 criteria. Partial enclosures may be able to 
achieve high capture, but Methods 204 and 204A through F are the only 
available methods for testing the efficiency of partial enclosures. We 
recognize the need for flexibility in determination of capture 
efficiency for metal can coating line enclosures and welcome your 
comments on alternative approaches for determining capture efficiency. 
Today's proposed rule would allow facilities to petition the 
Administrator for use of alternative test methods.

I. How Did We Select Notification, Recordkeeping, and Reporting 
Requirements?

    You would be required to comply with the applicable requirements in 
the NESHAP General Provisions, subpart A of 40 CFR part 63, as 
described in Table 5 of the proposed subpart KKKK. We evaluated the 
General Provisions requirements and included those we determined to be 
the minimum notification, recordkeeping, and reporting necessary to 
ensure compliance with and effective enforcement of the proposed 
standards, modifying them as appropriate for the metal can surface 
coating category.

IV. Summary of Environmental, Energy, and Economic Impacts

    The proposed standards would affect 142 major source metal can 
surface coating facilities. The impacts are presented relative to a 
baseline reflecting the level of control prior to the standards. Due to 
consolidation throughout the industry, there is not expected to be any 
net growth within the metal can surface coating industry within the 
next 5 years. Therefore, the estimate of the impacts is presented for 
existing facilities only. For a facility that is already in compliance 
with the standards, only monitoring, recordkeeping, and reporting cost 
impacts were estimated. For more information on how impacts were 
estimated, see the BID (EPA-453/R-02-008).
    The outcome of two delisting petitions that have been submitted to 
EPA could significantly affect the estimated impacts of this 
rulemaking. These petitions are the petition to delist EGBE from the 
HAP list and the petition to delist the two-piece beverage can 
subcategory from the source category list. Both petitions are being 
reviewed by the EPA. If granted, the delisting of either EGBE or the 
two-piece beverage can subcategory could affect the proposed emission 
limits and the number of affected sources. Thus, the estimated impacts 
of this proposed rule could change. Once decisions on the petitions are 
finalized, we will evaluate whether any changes to the proposed rule 
are appropriate.

A. What Are the Air Impacts?

    The proposed emission limits are expected to reduce nationwide 
organic HAP emissions from existing major affected sources by 
approximately 6,160 Mg/yr (6,800 tpy). That represents a reduction of 
71 percent from the baseline organic HAP emissions of 8,700 Mg/yr 
(9,600 tpy). Table 5 of this preamble gives a summary of the primary 
air impacts for major coating segment groupings associated with 
implementation of the proposed rule.

         Table 5.--Summary of Primary Air Impacts by Subcategory or Coating Segment for Existing Sources
----------------------------------------------------------------------------------------------------------------
                                                     Emissions       Emissions       Emissions
       Subcategory or  or coating segment         before NESHAP,   after NESHAP,  reduction, Mg/      Percent
                                                    Mg/yr (tpy)     Mg/yr (tpy)      yr (tpy)        reduction
----------------------------------------------------------------------------------------------------------------
Two-piece D&I beverage can body coatings........           4,468           1,644           2,824              63
                                                         (4,922)         (1,811)         (3,111)

[[Page 2126]]

Two-piece D&I food can body coatings............             765             139             626              82
                                                           (843)           (153)           (690)
One-piece D&I aerosol can body coatings.........              16              16               0               0
                                                            (18)            (18)             (0)
Sheetcoatings...................................           2,289             404           1,885              82
                                                         (2,522)           (445)         (2,077)
Three-piece food can assembly coatings..........             370             285              85              23
                                                           (408)           (314)            (94)
Three-piece non-food can assembly coatings......              45              38               6              14
                                                            (50)            (42)             (7)
End lining coatings.............................             763              34             729              95
                                                           (841)            (38)           (803)
                                                 -----------------
    Total.......................................           8,718           2,560           6,158              71
                                                         (9,603)         (2,820)         (6,783)
----------------------------------------------------------------------------------------------------------------

B. What Are the Cost Impacts?

    Cost impacts include the costs of recordkeeping and reporting, 
capital equipment costs, performance testing costs, and material costs 
as facilities comply with the proposed rule. Recordkeeping and 
reporting includes all labor hours related to the tracking of coating 
usage, the cost of purchasing computer equipment, the labor hours 
required to write and submit reports, and the labor hours required to 
train coating personnel. Capital equipment costs for the facilities 
that choose to use capture equipment and add-on control devices to 
comply with the proposed rule include the purchase, installation, and 
operation of the equipment. Performance testing costs for the 
facilities that choose to use add-on control devices to comply with the 
standards include the labor hours required for a contractor to conduct 
performance testing on each control device used and to develop the 
associated reports for recordkeeping and reporting purposes.
    Material costs include the cost of switching to low- or no-HAP 
coatings. For facilities that choose to use low- or no-HAP coatings to 
comply with the standards, coatings with lower HAP content are 
considered more expensive than higher HAP content coatings.
    The total annualized costs for the 142 existing major sources are 
estimated at $56.2 million. Those estimates are broken down as follows; 
monitoring, recordkeeping, and reporting costs would contribute $7.3 
million to the overall cost of the NESHAP, material costs would 
contribute $4.1 million, and capital equipment costs would contribute 
$44.8 million annually.

C. What Are the Economic Impacts?

    We performed an EIA to provide an estimate of the facility and 
market impacts of the proposed standards as well as the social costs. 
The goal of the EIA is to estimate the market response of the metal can 
coating and production facilities to the proposed regulation and to 
determine the economic effects that may result due to this NESHAP. The 
metal can source category contains 189 potentially affected facilities 
that may be affected by the proposed rule. The potentially affected 
companies are owned by 30 companies. The NAICS code that describes the 
metal can manufacturing industry is 332431, Metal Can Manufacturing.
    Metal can production leads to potential HAP emissions during the 
can coating process when high concentrations of organic HAP solvents 
are used and dispersed. Emissions are generated during coating 
application, during transportation to the oven (evaporation), and 
during curing. The compliance costs are associated with chemical 
substitution during the coating process, the installation of pollution 
control equipment, and recordkeeping and reporting activities. The 
estimated total annualized costs for the NESHAP are $56.2 million per 
year divided across 142 major source facilities.
    In terms of industry impacts, metal can producers experience a 
total projected decrease of $16 million in pre-tax earnings which 
reflects the compliance costs associated with the production of metal 
cans and the resulting reductions in revenues due to the increase in 
the prices of the directly affected product markets and reduced 
quantities purchased. Through the market impacts described above, the 
proposed rule will create both gainers and losers within the metal can 
industry. Approximately one-third of the modeled facilities experience 
an increase in pre-tax earnings as a result of increases in price that 
exceed their compliance costs per unit. In contrast, the remaining two-
thirds of metal can facilities experience losses in pre-tax earnings. 
In addition, the EIA indicates that none of the facilities within the 
metal can market (not including small businesses) are at risk of 
closure because of the proposed standards. Overall employment is 
projected to decrease by 176 employees, which represents a decrease of 
\8/10\th of one percent as a result of the proposed rule.
    Based on the market analysis, the total social cost of the proposed 
rule is projected to be $53.5 million. The estimated social costs 
differ slightly from the projected engineering costs because social 
costs account for producer and consumer behavior. Consumers are 
projected to lose $33.3 million or 60 percent of the total social costs 
of the proposed rule. Producers will lose $20.2 million, or 40 percent 
of the total social costs. For more information, consult the EIA report 
supporting the proposed rule, ``Economic Impact Analysis of Metal Can 
MACT Standards'' (EPA-452/R-02-005).

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

    Based on information from the industry survey responses, we found 
no indication that the use of low or no-organic HAP content coatings 
and thinners at existing sources would result in any increase or 
decrease in non-air health, environmental, and energy

[[Page 2127]]

impacts. There would be no change in utility requirements associated 
with the use of these materials so there would be no change in the 
amount of energy consumed as a result of the material conversion. Also, 
there would be no significant change in the amount of materials used or 
the amount of waste produced.
    Since many facilities in the D&I can body coating and sheetcoating 
subcategories currently use add-on emission control devices to meet 
existing requirements, we anticipate that facilities in those 
subcategories would use add-on controls to comply with the proposed 
standards. Secondary air and energy impacts would result from fuel 
combustion needed to operate these control devices which are expected 
to be RTO.
    The RTO require electricity and the combustion of natural gas to 
operate and maintain operating temperatures. By-products of fuel 
combustion required to generate electricity and maintain RTO operating 
temperature include emission of carbon monoxide, nitrogen oxides, 
sulfur dioxide, and particulate matter less than 10 microns in diameter 
(PM10). Assuming the electricity required for RTO operation 
is generated at coal-fired plants built since 1978 and using air 
pollution-42 emissions factors, generation of electricity required to 
operate RTO at all affected D&I can body coating and sheetcoating 
facilities would result in the following increases in the following air 
pollutants: carbon monoxide, 81 tpy; nitrogen oxides, 182 tpy; sulfur 
dioxide, 438 tpy; and PM10, 86 tpy.
    Energy impacts include the consumption of electricity and natural 
gas needed to operate RTO. The estimated increase in electricity 
consumption from the operation of RTO at all D&I can body coating and 
sheetcoating facilities is 36,730,000 kilowatt hours per year. 
Increased fuel energy consumption resulting from burning natural gas 
would be 1,197,000 megamillion British thermal units per year. No 
significant secondary water or solid waste impacts would result from 
the operation of emission control devices.

V. Administrative Requirements

A. Executive Order 12866, Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA 
must determine whether the regulatory action is ``significant'' and, 
therefore, subject to Office of Management and Budget (OMB) review and 
the requirements of the Executive Order. The Executive Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities;
    (2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligation of recipients 
thereof; or
    (4) raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined that the proposed rule is not a 
``significant regulatory action'' under the terms of Executive Order 
12866 and is, therefore, not subject to OMB review.

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

    Executive Order 13045, ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that EPA has reason to believe may 
have a disproportionate effect on children. If the regulatory action 
meets both criteria, EPA must evaluate the environmental health or 
safety effects of the planned rule on children, and explain why the 
planned regulation is preferable to other potentially effective and 
reasonably feasible alternatives considered by the Agency.
    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that are based on health or safety risks, such that 
the analysis required under section 5-501 of the Executive Order has 
the potential to influence the regulation. The proposed rule is not 
subject to Executive Order 13045 because it is based on technology 
performance and not on health or safety risks.

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 rules 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.''
    The proposed rule does not have federalism implications. It would 
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. Thus, Executive Order 13132 does 
not apply to the proposed rule. Although section 6 of Executive Order 
13132 does not apply to the proposed rule, EPA did consult with State 
and local officials to enable them to provide timely input in the 
development of the proposed rule.
    In the spirit of Executive Order 13132, and consistent with EPA 
policy to promote communications between EPA and State and local 
governments, EPA specifically solicits comment on the proposed rule 
from State and local officials.

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.'' The proposed rule does not 
have tribal implications, as specified in Executive Order 13175. No 
tribal governments own or operate metal can surface coating operations. 
Thus, Executive Order 13175 does not apply to the proposed rule.

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

    The proposed rule is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001) because it is not a significant regulatory action 
under Executive Order 12866.

F. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Pub. 
L. 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local,

[[Page 2128]]

and tribal governments and the private sector. Under Section 202 of the 
UMRA, EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal 
mandates'' that may result in expenditures to State, local, and tribal 
governments, in aggregate, or 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 the proposed rule does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and tribal governments, in the aggregate, or the 
private sector in any 1 year. The maximum total annualized cost of the 
proposed rule for any year has been estimated to be less than $56.2 
million. Thus, today's proposed rule is not subject to the requirements 
of sections 202 and 205 of the UMRA. In addition, the EPA has 
determined that the proposed rule contains no regulatory requirements 
that might significantly or uniquely affect small governments because 
it contains no requirements that apply to such governments or impose 
obligations upon them. Therefore, today's proposed rule is not subject 
to the requirements of section 203 of 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 EPA certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Small entities include small business, small organizations, and small 
governmental jurisdictions.
    For purposes of assessing the impacts of today's proposed rule on 
small entities, small entity is defined as: (1) A small business 
according to the Small Business Administration (SBA) size standards by 
NAICS code; (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, EPA conducted an assessment of the 
proposed standards on small businesses within the metal can industry. 
Based on SBA NAICS-based size definitions and reported sales and 
employment data, EPA identified 13 small business, or 43.3 percent of 
the metal can companies. Small businesses are expected to incur only 2 
percent of the total industry annualized compliance costs of $56.2 
million. The EPA estimates that 10 of the 13 small businesses will 
experience an impact less than 1 percent of total company sales, two 
small firms will experience impacts between 1 and 3 percent, and one 
firm will experience an impact of more than 3 percent of sales. 
Consequently, one of the 15 facilities owned by small businesses is 
likely to prematurely close as a result of the proposed rule. For more 
information, consult the EIA report entitled ``Economic Impact Analysis 
for the Proposed Metal Can NESHAP'' in Docket A-98-41.
    After considering the economic impact of today's proposed rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities.

H. Paperwork Reduction Act

    The information collection requirements in the proposed rule have 
been submitted for approval to OMB under the Paperwork Reduction Act, 
44 U.S.C. 3501, et seq. An Information Collection Request (ICR) 
document has been prepared by EPA (ICR No. 2079-01) and a copy may be 
obtained from Susan Auby by mail at the U.S. EPA, Collection Strategies 
Division (2822T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460, 
by email 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 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. Those recordkeeping 
and reporting requirements are specifically authorized by section 114 
of the CAA (42 U.S.C. 7414). All information submitted to the EPA 
pursuant to the recordkeeping and reporting requirements for which a 
claim of confidentiality is made is safeguarded according to EPA 
policies set forth in 40 CFR part 2, subpart B.
    The proposed standards would require maintaining records of all 
coating and thinning materials data and calculations used to determine 
compliance. That information includes the amount (kg) used during each 
12-month compliance period, mass fraction organic HAP, and, for coating 
materials only, mass fraction of 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 and rolling 12-month 
compliance period and all data, calculations, test results, and other 
supporting information used to determine this value. The recordkeeping 
requirements are only for the specific information needed to determine 
compliance.
    The annual monitoring, reporting, and recordkeeping burden for this 
collection (averaged over the first 3 years after the effective date of 
the promulgated rule) is estimated to be approximately 1,815 labor 
hours per year at a total annual cost of $545,000. That estimate 
includes a one-time performance test and report (with repeat tests 
where needed); one-time submission of a SSMP with semiannual reports 
for any event when the procedures in the plan were not followed; 
semiannual compliance status reports; and recordkeeping. There are no

[[Page 2129]]

capital/startup costs associated with the monitoring requirements.
    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. That 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.
    Comments are requested on the EPA's need for the information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques. By U.S. Postal Service, send comments 
on the ICR to the Director, Collection Strategies Division, U.S. EPA 
(2822T), 1200 Pennsylvania Avenue, NW., Washington, DC 20460; or by 
courier, send comments on the ICR to the Director, Collection 
Strategies Division, U.S. EPA (2822T), 1301 Constitution Avenue, NW., 
Room 6143, Washington, DC 20460 ((202) 566-1700)), marked ``Attention: 
Desk Officer for EPA.'' Include the ICR number in any correspondence. 
Since OMB is required to make a decision concerning the ICR between 30 
and 60 days after January 15, 2003, a comment to OMB is best assured of 
having its full effect if OMB receives it by February 14, 2003. The 
final rule will respond to any OMB or public comments on the 
information collection requirements contained in the proposal.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, Sec.  12(d) (15 U.S.C. 272 
note) directs EPA to use VCS in their 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 VCS bodies. The NTTAA 
directs EPA to provide Congress, through OMB, explanations when the 
Agency decides not to use available and applicable VCS.
    This proposed 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 through F, and 
311. Consistent with the NTTAA, EPA conducted searches to identify VCS 
in addition to these EPA methods/performance specifications. No 
applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204, 
204A through 204F, and 311. The search and review results have been 
documented and are placed in the docket (A-98-41) for the proposed 
rule.
    Three VCS described below were identified as acceptable 
alternatives to EPA test methods for the purposes of the proposed rule.
    The VCS ASME PTC 19-10-1981-Part 10, ``Flue and Exhaust Gas 
Analyses,'' is cited in the proposed rule for its manual method for 
measuring the oxygen, carbon dioxide, and carbon monoxide content of 
exhaust gas. That part of ASME PTC 19-10-1981-Part 10 is an acceptable 
alternative to Method 3B.
    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 the proposed rule as acceptable alternatives 
to EPA Method 24 to determine the volume fraction of coating solids. 
Currently, EPA Method 24 does not have a procedure for determining the 
volume of solids in coatings. Those 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 the proposed rule, the search 
for emissions measurement procedures identified 14 other VCS. The EPA 
determined that 11 of those 14 standards identified for measuring 
emissions of the HAP or surrogates subject to emission standards in the 
proposed rule were impractical alternatives to EPA test methods for the 
purposes of the proposed rule. Therefore, EPA does not intend to adopt 
those standards for that purpose. The reasons for the determination for 
the 11 methods are discussed below.
    The VCS ASTM D3154-00, ``Standard Method for Average Velocity in a 
Duct (Pitot Tube Method),'' is impractical as an alternative to EPA 
Methods 1, 2, 2C, 3, 3B, and 4 for the purposes of the proposed 
rulemaking since the standard appears to lack in quality control and 
quality assurance requirements. Specifically, ASTM D3154-00 does not 
include the following: (1) Proof that openings of standard pitot tube 
have not plugged during the test, (2) if differential pressure gauges 
other than inclined manometers (e.g., magnehelic gauges) are used, 
their calibration must be checked after each test series, and (3) the 
frequency and validity range for calibration of the temperature 
sensors.
    The VCS ASTM D3464-96 (2001), ``Standard Test Method Average 
Velocity in a Duct Using a Thermal Anemometer,'' is impractical as an 
alternative to EPA Method 2 for the purposes of the proposed rulemaking 
primarily because applicability specifications are not clearly defined, 
e.g., range of gas composition, temperature limits. Also, the lack of 
supporting quality assurance data for the calibration procedures and 
specifications, and certain variability issues that are not adequately 
addressed by the standard limit EPA's ability to make a definitive 
comparison of the method in those areas.
    The VCS ISO 10780:1994, ``Stationary Source Emissions-Measurement 
of Velocity and Volume Flowrate of Gas Streams in Ducts,'' is 
impractical as an alternative to EPA Method 2 in the proposed 
rulemaking. The standard recommends the use of an L-shaped pitot which 
historically has not been recommended by EPA. The EPA specifies the S-
type design which has large openings that are less likely to plug up 
with dust.
    The VCS, CAN/CSA Z223.2-M86(1986), ``Method for the Continuous 
Measurement of Oxygen, Carbon Dioxide, Carbon Monoxide, Sulphur 
Dioxide, and Oxides of Nitrogen in Enclosed Combustion Flue Gas 
Streams,'' is unacceptable as a substitute for EPA Method 3A since it 
does not include quantitative specifications for measurement system 
performance, most notably the calibration procedures and instrument 
performance characteristics.

[[Page 2130]]

The instrument performance characteristics that are provided are 
nonmandatory and also do not provide the same level of quality 
assurance as the EPA methods. For example, the zero and span/
calibration drift is only checked weekly, whereas the EPA methods 
require drift checks after each run.
    Two very similar standards, ASTM D5835-95, ``Standard Practice for 
Sampling Stationary Source Emissions for Automated Determination of Gas 
Concentration,'' and ISO 10396:1993, ``Stationary Source Emissions: 
Sampling for the Automated Determination of Gas Concentrations,'' are 
impractical alternatives to EPA Method 3A for the purposes of the 
proposed rulemaking because they lack in detail and quality assurance/
quality control requirements. Specifically, those two standards do not 
include the following: (1) Sensitivity of the method, (2) acceptable 
levels of analyzer calibration error, (3) acceptable levels of sampling 
system bias, (4) zero drift and calibration drift limits, time span, 
and required testing frequency, (5) a method to test the interference 
response of the analyzer, (6) procedures to determine the minimum 
sampling time per run and minimum measurement time, and (7) 
specifications for data recorders in terms of resolution (all types) 
and recording intervals (digital and analog recorders only).
    The VCS ISO 12039:2001, ``Stationary Source Emissions--
Determination of Carbon Monoxide, Carbon Dioxide, and Oxygen--Automated 
Methods,'' is not acceptable as an alternative to EPA Method 3A. The 
ISO standard is similar to EPA Method 3A, but is missing some key 
features. In terms of sampling, the hardware required by ISO 12039:2001 
does not include a three-way calibration valve assembly or equivalent 
to block the sample gas flow while calibration gases are introduced. In 
its calibration procedures, ISO 12039:2001 only specifies a two-point 
calibration while EPA Method 3A specifies a three-point calibration. 
Also, ISO 12039:2001 does not specify performance criteria for 
calibration error, calibration drift, or sampling system bias tests, as 
in the EPA method, although checks of those quality control features 
are required by the ISO standard.
    The VCS ISO 11890-1 (2000) Part 1, ``Paints and Varnishes--
Determination of Volatile Organic Compound (VOC) Content--Difference 
Method,'' is impractical as an alternative to EPA Method 24 because 
measured nonvolatile matter content can vary with experimental factors 
such as temperature, length of heating period, size of weighing dish, 
and size of sample. The standard ISO 11890-1 allows for different dish 
weights and sample sizes than the one size (58 millimeters in diameter 
and sample size of 0.5 gram) of EPA Method 24. The standard ISO 11890-1 
also allows for different oven temperatures and heating times depending 
on the type of coating, whereas EPA Method 24 requires 60 minutes 
heating at 110 degrees Celsius at all times. Because the EPA Method 24 
test conditions and procedures define volatile matter, ISO 11890-1 is 
unacceptable as an alternative because of its different test 
conditions.
    The VCS ISO 11890-2 (2000) Part 2, ``Paints and Varnishes--
Determination of Volatile Organic Compound (VOC) Content--Gas 
Chromatographic Method,'' is impractical as an alternative to EPA 
Method 24 because ISO 11890-2 only measures the VOC added to the 
coating and would not measure any VOC generated from the curing of the 
coating. The EPA Method 24 does measure cure VOC, which can be 
significant in some cases, and, therefore, ISO 11890-2 is not an 
acceptable alternative to this EPA method.
    Two VCS, EN 12619:1999 ``Stationary Source Emissions--Determination 
of the Mass Concentration of Total Gaseous Organic Carbon at Low 
Concentrations in Flue Gases--Continuous Flame Ionization Detector 
Method'' and ISO 14965:2000(E) ``Air Quality--Determination of Total 
Nonmethane Organic Compounds--Cryogenic Preconcentration and Direct 
Flame Ionization Method,'' are impractical alternatives to EPA Method 
25 and 25A for the purposes of the proposed rulemaking because the 
standards do not apply to solvent process vapors in concentrations 
greater than 40 ppm (EN 12619) and 10 ppm carbon (ISO 14965). Methods 
whose upper limits are that low are too limited to be useful in 
measuring source emissions, which are expected to be much higher.
    Three of the 14 VCS identified in the search were not available at 
the time the review was conducted for the purposes of the proposed rule 
because they are under development by a VCS body: ASME/BSR MFC 13M, 
``Flow Measurement by Velocity Traverse,'' for EPA Method 2 (and 
possibly 1); ASME/BSR MFC 12M, ``Flow in Closed Conduits Using 
Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2; and 
ISO/CD 17895, ``Paints and Varnishes--Determination of the Volatile 
Organic Compound Content of Water-based Emulsion Paints,'' for EPA 
Method 24.
    Listed in 40 CFR 63.3541, 63.3551, 63.3561, 63.3564, 63.3565, 
63.3566, 63.3571, 63.3574, 63.3575, and 63.3576 to subpart KKKK of the 
proposed standards are the EPA testing methods included in the 
regulation. Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the 
General Provisions, a source may apply to EPA for permission to use 
alternative test methods or alternative monitoring requirements in 
place of any of the EPA testing methods, performance specifications, or 
procedures.

List of Subjects in 40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Reporting and 
recordkeeping requirements.

    Dated: November 26, 2002.
Christine Todd Whitman,
Administrator.
    For the reasons stated in the preamble, title 40, chapter I, part 
63 of the Code of Federal Regulations is proposed to be amended as 
follows:

PART 63--[AMENDED]

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

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

    2. Part 63 is amended by adding subpart KKKK to read as follows:

Subpart KKKK--National Emission Standards for Hazardous Air 
Pollutants: Surface Coating of Metal Cans

Sec.

What this Subpart Covers

63.3480 What is the purpose of this subpart?
63.3481 Am I subject to this subpart?
63.3482 What parts of my plant does this subpart cover?
63.3483 When do I have to comply with this subpart?

Emission Limitations

63.3490 What emission limits must I meet?
63.3491 What are my options for meeting the emission limits?
63.3492 What operating limits must I meet?
63.3493 What work practice standards must I meet?

General Compliance Requirements

63.3500 What are my general requirements for complying with this 
subpart?
63.3501 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.3510 What notifications must I submit?
63.3520 What reports must I submit?
63.3530 What records must I keep?

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63.3531 In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.3540 By what date must I conduct the initial compliance 
demonstration?
63.3541 How do I demonstrate initial compliance with the emission 
limitations?
63.3542 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.3550 By what date must I conduct the initial compliance 
demonstration?
63.3551 How do I demonstrate initial compliance with the emission 
limitations?
63.3552 How do I demonstrate continuous compliance with the emission 
limitations?

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

63.3560 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.3561 How do I demonstrate initial compliance?
63.3562 [Reserved]
63.3563 How do I demonstrate continuous compliance with the emission 
limitations?
63.3564 What are the general requirements for performance tests?
63.3565 How do I determine the emission capture system efficiency?
63.3566 How do I determine the add-on control device emission 
destruction or removal efficiency?
63.3567 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.3568 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Compliance Requirements for the Control Efficiency/Outlet Concentration 
Option

63.3570 By what date must I conduct performance tests and other 
initial compliance demonstrations?
63.3571 How do I demonstrate initial compliance?
63.3572 [Reserved]
63.3573 How do I demonstrate continuous compliance with the emission 
limitations?
63.3574 What are the general requirements for performance tests?
63.3575 How do I determine the emission capture system efficiency?
63.3576 How do I determine the add-on control device emission 
destruction or removal efficiency?
63.3577 How do I establish the emission capture system and add-on 
control device operating limits during the performance test?
63.3578 What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.3580 Who implements and enforces this subpart?
63.3581 What definitions apply to this subpart?

Tables to Subpart KKKK of Part 63

Table 1 to Subpart KKKK of Part 63
    Emission Limits for New or Reconstructed Affected Sources
Table 2 to Subpart KKKK of Part 63
    Emission Limits for Existing Affected Sources
Table 3 to Subpart KKKK of Part 63
    Emission Limits for Affected Sources Using the Control 
Efficiency/Outlet Concentration Compliance Option
Table 4 to Subpart KKKK of Part 63
    Operating Limits if Using the Emission Rate with Add-on Controls 
Option or the Control Efficiency/Outlet Concentration Compliance 
Option
Table 5 to Subpart KKKK of Part 63
    Applicability of General Provisions to Subpart KKKK
Table 6 to Subpart KKKK of Part 63
    Default Organic HAP Mass Fraction for Solvents and Solvent 
Blends
Table 7 to Subpart KKKK of Part 63
    Default Organic HAP Mass Fraction for Petroleum Solvent Groups

What This Subpart Covers

Sec.  63.3480  What is the purpose of this subpart?

    This subpart establishes national emission standards for hazardous 
air pollutants (NESHAP) for metal can surface coating facilities. This 
subpart also establishes requirements to demonstrate initial and 
continuous compliance with the emission limitations.

Sec.  63.3481  Am I subject to this subpart?

    (a) Except as provided in paragraph (c) of this section, the source 
category to which this subpart applies is surface coating of metal cans 
and ends (including decorative tins) and metal crowns and closures. It 
includes the subcategories listed in paragraphs (a)(1) through (4) of 
this section. Surface coating is the application of coatings to a 
substrate using, for example, spray guns or dip tanks.
    (1) One and two-piece draw and iron can body coating. The one and 
two-piece draw and iron can body coating subcategory includes all 
coating processes involved in the manufacture of can bodies by the draw 
and iron process. This subcategory includes three distinct coating type 
segments reflecting the coatings appropriate for cans with different 
end uses. Those are two-piece beverage can body coatings, two-piece 
food can body coatings, and one-piece aerosol can body coatings.
    (2) Sheetcoating. The sheetcoating subcategory includes all of the 
flat metal sheet coating operations associated with the manufacture of 
three-piece cans, decorative tins, crowns, and closures.
    (3) Three-piece can body assembly coating. The three-piece can body 
assembly coating subcategory includes all of the coating processes 
involved in the assembly of three-piece metal can bodies. The 
subcategory includes five distinct coating type segments reflecting the 
coatings appropriate for cans with different end uses. Those are inside 
spray on food cans, aseptic side seam stripes on food cans, non-aseptic 
side seam stripes on food cans, side seam stripes on general line non-
food cans, and side seam stripes on aerosol non-food cans.
    (4) End lining. The end lining subcategory includes the application 
of end seal compounds to metal can ends. That subcategory includes two 
distinct coating type segments reflecting the end seal compounds 
appropriate for can ends with different end uses. Those are aseptic end 
seal compounds and non-aseptic end seal compounds.
    (b) You are subject to this subpart if you own or operate a new, 
reconstructed, or existing affected source, as defined in Sec.  
63.3482, that uses 5,700 liters (1,500 gallons (gal)) per year or more 
of coatings in the surface coating of metal cans or ends (including 
decorative tins) or metal crowns or closures and that is a major 
source, is located at a major source, or is part of a major source of 
emissions of hazardous air pollutants (HAP). A major source of HAP 
emissions is any stationary source or group of stationary sources 
located within a contiguous area and under common control that emits or 
has the potential to emit any single HAP at a rate of 9.07 megagrams 
(Mg) (10 tons) or more per year or any combination of HAP at a rate of 
22.68 Mg (25 tons) or more per year.
    (c) This subpart does not apply to surface coating that meets the 
criteria of paragraphs (c)(1) through (5) of this section.
    (1) Surface coating conducted at a source that uses only coatings, 
thinners, and cleaning materials that contain no organic HAP, as 
determined according to Sec.  63.3541(a).
    (2) Surface coating subject to any other NESHAP in this part as of 
[date of publication of the final rule in the Federal Register].
    (3) Surface coating that occurs at research or laboratory 
facilities or that is part of janitorial, building, and facility 
maintenance operations.
    (4) Surface coating of continuous metal coil that may subsequently 
be

[[Page 2132]]

used in manufacturing cans. Subpart SSSS of this part covers surface 
coating performed on a continuous metal coil substrate.
    (5) Surface coating of metal pails, buckets, and drums. Subpart 
MMMM of this part covers surface coating of all metal parts and 
products not explicitly covered by another subpart.


Sec.  63.3482  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 used 
for surface coating of metal cans and ends (including decorative tins), 
or metal crowns or closures within each subcategory:
    (1) All coating operations as defined in Sec.  63.3581;
    (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 it meets the 
criteria in paragraph (c)(1) of this section and the criteria in either 
paragraph (c)(2) or (3) of this section.
    (1) You commenced construction of the source after January 15, 2003 
by installing new coating equipment.
    (2) The new coating equipment is used to perform metal can surface 
coating at a facility where no metal can surface coating was previously 
performed.
    (3) The new coating equipment is used to perform metal can surface 
coating in a subcategory at a facility where no surface coating in that 
subcategory was previously performed.
    (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.  63.3483  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 Sec. Sec.  
63.3540, 63.3550, 63.3560, and 63.3570.
    (a) For a new or reconstructed affected source, the compliance date 
is the applicable date in paragraph (a)(1) or (2) of this section.
    (1) If the initial startup of your new or reconstructed affected 
source is before [date of publication of final rule in the Federal 
Register], the compliance date is [date of publication of final rule in 
the Federal Register].
    (2) If the initial startup of your new or reconstructed affected 
source occurs after [date of publication of final rule in the Federal 
Register], the compliance date is the date of initial startup of your 
affected source.
    (b) For an existing affected source, the compliance date is [date 3 
years after date of publication of final rule in the Federal Register].
    (c) For an area source that increases its emissions or its 
potential to emit such that it becomes a major source of HAP emissions, 
the compliance date is specified in paragraphs (c)(1) and (2) of this 
section.
    (1) For any portion of the source that becomes a new or 
reconstructed affected source subject to this subpart, the compliance 
date is the date of initial startup of the affected source or [date of 
publication of final rule in the Federal Register], whichever is later.
    (2) For any portion of the source that becomes an existing affected 
source subject to this subpart, the compliance date is the date 1 year 
after the area source becomes a major source or [date 3 years after 
date of publication of final rule in the Federal Register], whichever 
is later.
    (d) You must meet the notification requirements in Sec.  63.3510 
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.  63.3490  What emission limits must I meet?

    (a) For a new or reconstructed affected source, you must limit 
organic HAP emissions to the atmosphere to no more than the emission 
limit(s) in Table 1 to this subpart that apply to you during each 12-
month compliance period, determined according to the requirements in 
Sec. Sec.  63.3541, 63.3551, or 63.3561 or, if you control emissions 
with an emissions control system using the control efficiency/outlet 
concentration option as specified in Sec.  63.3491(d), you must reduce 
organic HAP emissions to the atmosphere to no more than the limit(s) in 
Table 3 to this subpart determined according to the requirements of 
Sec.  63.3571. If you perform surface coating in more than one 
subcategory or utilize more than one coating type within a subcategory, 
then you must meet the individual emission limit(s) for each 
subcategory and coating type included.
    (b) For an existing affected source, you must limit organic HAP 
emissions to the atmosphere to no more than the emission limit(s) in 
Table 2 to this subpart that apply to you during each 12-month 
compliance period, determined according to the requirements in 
Sec. Sec.  63.3541, 63.3551, or 63.3561 or, if you control emissions 
with an emissions control system using the control efficiency/outlet 
concentration option as specified in Sec.  63.3491(d), you must reduce 
organic HAP emissions to the atmosphere to no more than the limit(s) in 
Table 3 to this subpart determined according to the requirements of 
Sec.  63.3571. If you perform surface coating in more than one 
subcategory or utilize more than one coating type within a subcategory, 
then you must meet the individual emission limit(s) for each 
subcategory and coating type included.
    (c) If you perform surface coating in different subcategories as 
described in Sec.  63.3481(a)(1) through (4), then the coating 
operations in each subcategory constitute a separate affected source 
and you must conduct separate compliance demonstrations for each 
applicable subcategory and coating type emission limit in paragraphs 
(a) and (b) of this section and reflect those separate determinations 
in notifications, reports, and records required by Sec. Sec.  63.3510, 
63.3520, and 63.3530, respectively.

Sec.  63.3491  What are my options for meeting the emission limits?

    You must include all coatings and thinners used in all surface 
coating operations within a subcategory or coating type segment when 
determining whether the organic HAP emission rate is equal to or less 
than the applicable emission limit in Sec.  63.3490. To make that 
determination, you must use at least one of the four compliance options 
listed in paragraphs (a) through (d) of this section. You may apply any 
of the compliance options to an individual coating operation or to 
multiple coating operations within a subcategory or coating type 
segment as a group. You may use different compliance options for 
different coating operations or at different times on the same coating

[[Page 2133]]

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 that switch as required by Sec.  
63.3530(c) and you must report it in the next semiannual compliance 
report required in Sec.  63.3520.
    (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.  63.3490 and that 
each thinner used contains no organic HAP. You must meet all the 
requirements of Sec. Sec.  63.3540, 63.3541, and 63.3542 to demonstrate 
compliance with the emission limit using this option.
    (b) Emission rate without add-on controls option. Demonstrate that, 
based on the coatings and thinners 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.  63.3490, calculated 
as a rolling 12-month emission rate and determined on a monthly basis. 
You must meet all the requirements of Sec. Sec.  63.3550, 63.3551, and 
63.3552 to demonstrate compliance with the emission limit using this 
option.
    (c) Emission rate with add-on controls option. Demonstrate that, 
based on the coatings and thinners used in the coating operation(s) and 
the emission reductions achieved by emission capture systems and add-on 
controls, the organic HAP emission rate for the coating operation(s) is 
less than or equal to the applicable emission limit in Sec.  63.3490, 
calculated as a rolling 12-month emission rate and determined on a 
monthly basis. If you use that 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.  63.3492, except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to Sec.  63.3561(j), 
and that you meet the work practice standards required in Sec.  
63.3493. You must meet all the requirements of Sec. Sec.  63.3560 
through 63.3568 to demonstrate compliance with the emission limits, 
operating limits, and work practice standards using this option.
    (d) Control efficiency/outlet concentration option. Demonstrate 
that, based on the emission reductions achieved by emission capture 
systems and add-on controls, total HAP emissions measured as total 
hydrocarbon (THC) are reduced by 95 percent or greater for existing 
sources or 97 percent or greater for new or reconstructed sources or 
that outlet THC emissions are less than or equal to 20 parts per 
million by volume, dry basis (ppmvd). If you use that compliance 
option, you must have a capture device that meets EPA Method 204 
criteria for a permanent total enclosure (PTE). 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.  63.3492 and that you meet the work practice standards required 
in Sec.  63.3493. You must meet all the requirements of Sec. Sec.  
63.3570 through 63.3578 to demonstrate compliance with the emission 
limits, operating limits, and work practice standards using that 
option.

Sec.  63.3492  What operating limits must I meet?

    (a) For any coating operation(s) on which you use the compliant 
material option or the emission rate without add-on controls option, 
you are not required to meet any operating limits.
    (b) For any controlled coating operation(s) on which you use the 
emission rate with add-on controls option or the control efficiency/
outlet concentration option except those for which you use a solvent 
recovery system and conduct a liquid-liquid material balance according 
to Sec.  63.3561(j), you must meet the operating limits specified in 
Table 4 to this subpart. Those operating limits apply to the emission 
capture and control systems on the coating operation(s) for which you 
use the options. You must establish the operating limits during the 
performance test according to the requirements in Sec.  63.3567 or 
Sec.  63.3577, and 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 4 to this subpart or wish to monitor an alternative parameter and 
comply with a different operating limit, you must apply to the 
Administrator for approval of alternative monitoring under Sec.  
63.8(f).

Sec.  63.3493  What work practice standards must I meet?

    (a) For any coating operation(s) for 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 or the 
control efficiency/outlet concentration option to comply with the 
emission limitations, 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 those options; or you must meet an alternative standard as provided 
in paragraph (c) of this section. The plan must specify practices and 
procedures to ensure that, at a minimum, the elements specified in 
paragraphs (b)(1) through (5) of this section are implemented.
    (1) All organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be stored in closed containers.
    (2) Spills of organic-HAP-containing coatings, thinners, cleaning 
materials, and waste materials must be minimized.
    (3) Organic-HAP-containing coatings, thinners, cleaning materials, 
and waste materials must be conveyed from one location to another in 
closed containers or pipes.
    (4) Mixing vessels which contain organic-HAP-containing coatings 
and other materials must be closed except when adding to, removing, or 
mixing the contents.
    (5) Emissions of organic HAP must be minimized during cleaning of 
storage, mixing, and conveying equipment.
    (c) As provided in Sec.  63.6(g), we, the U.S. Environmental 
Protection Agency (EPA), may choose to grant you permission to use an 
alternative to the work practice standards in this section.

General Compliance Requirements

Sec.  63.3500  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.  63.3491(a) and (b), must be in compliance with the 
applicable emission limit in Sec.  63.3490.
    (2) Any coating operation(s) for which you use the emission rate 
with add-on controls option, as specified in Sec.  63.3491(c), or the 
control efficiency/outlet concentration option, as specified in Sec.  
63.3491(d), must be in compliance with the emission limitations as 
specified in paragraphs (a)(2)(i) through (iii) of this section.
    (i) The coating operation(s) must be in compliance with the 
applicable emission limit in Sec.  63.3490 at all times.

[[Page 2134]]

    (ii) The coating operation(s) must be in compliance with the 
operating limits for emission capture systems and add-on control 
devices required by Sec.  63.3492 at all times except for those for 
which you use a solvent recovery system and conduct liquid-liquid 
material balances according to Sec.  63.3561(j).
    (iii) The coating operation(s) must be in compliance with the work 
practice standards in Sec.  63.3493 at all times.
    (b) You must always operate and maintain your affected source, 
including all air pollution control and monitoring equipment you use 
for purposes of complying with this subpart, according to the 
provisions in Sec.  63.6(e)(1)(i).
    (c) If your affected source uses an emission capture system and 
add-on control device for purposes of complying with this subpart, you 
must develop and implement a written startup, shutdown, and malfunction 
plan (SSMP) according to the provisions in Sec.  63.6(e)(3). The plan 
must address startup, shutdown, and corrective actions in the event of 
a malfunction of the emission capture system or the add-on control 
device. The plan must also address any coating operation equipment that 
may cause increased emissions or that would affect capture efficiency 
if the process equipment malfunctions, such as conveyors that move 
parts among enclosures.

Sec.  63.3501  What parts of the General Provisions apply to me?

    Table 5 to this subpart shows which parts of the General Provisions 
in Sec. Sec.  63.1 through 63.15 apply to you.

Notifications, Reports, and Records

Sec.  63.3510  What notifications must I submit?

    (a) General. You must submit the notifications in Sec. Sec.  
63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply 
to you by the dates specified in those sections, except as provided in 
paragraphs (b) and (c) of this section.
    (b) Initial notification. You must submit the Initial Notification 
required by Sec.  63.9(b) for a new or reconstructed affected source no 
later than 120 days after initial startup or 120 days after [date of 
publication of final rule in the Federal Register], whichever is later. 
For an existing affected source, you must submit the Initial 
Notification no later than [date 1 year after date of publication of 
final rule in the Federal Register].
    (c) Notification of compliance status. You must submit the 
Notification of Compliance Status required by Sec.  63.9(h) no later 
than 30 calendar days following the end of the initial compliance 
period described in Sec. Sec.  63.3540, 63.3550, 63.3560, or 63.3570 
that applies to your affected source. The Notification of Compliance 
Status must contain the information specified in paragraphs (c)(1) 
through (9) of this section and in Sec.  63.9(h).
    (1) Company name and address.
    (2) Statement by a responsible official with that official's name, 
title, and signature certifying the truth, accuracy, and completeness 
of the content of the report.
    (3) Date of the report and beginning and ending dates of the 
reporting period. The reporting period is the initial compliance period 
described in Sec. Sec.  63.3540, 63.3550, 63.3560, or 63.3570 that 
applies to your affected source.
    (4) Identification of the compliance option or options specified in 
Sec.  63.3491 that you used on each coating operation in the affected 
source during the initial compliance period.
    (5) Statement of whether or not the affected source achieved the 
emission limitations for the initial compliance period.
    (6) If you had a deviation, include the information in paragraphs 
(c)(6)(i) and (ii) of this section.
    (i) A description of and statement of the cause of the deviation.
    (ii) If you failed to meet the applicable emission limit in Sec.  
63.3490, include all the calculations you used to determine the 
kilogram (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 (c)(7)(i) 
through (iv) of this section that is required by the compliance 
option(s) you used to demonstrate compliance with the emission limit, 
include an example of how you determined the value, including 
calculations and supporting data. Supporting data can include a copy of 
the information provided by the supplier or manufacturer of the example 
coating or material or a summary of the results of testing conducted 
according to Sec.  63.3541(a), (b), or (c). You do not need to submit 
copies of any test reports.
    (i) Mass fraction of organic HAP for one coating and for one 
thinner.
    (ii) Volume fraction of coating solids for one coating.
    (iii) Density for one coating and one thinner, 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.  63.3551.
    (8) The calculation of kg organic HAP emitted per liter of coating 
solids used for the compliance option(s) you used, as specified in 
paragraphs (c)(8)(i) through (iii) of this section.
    (i) For the compliant material option, provide an example 
calculation of the organic HAP content for one coating, using Equation 
1 of Sec.  63.3541.
    (ii) For the emission rate without add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for each 
month, the calculation of the total volume of coating solids used each 
month, and the calculation of the 12-month organic HAP emission rate, 
using Equations 1, 1A through 1C, 2, and 3, respectively, of Sec.  
63.3551.
    (iii) For the emission rate with add-on controls option, provide 
the calculation of the total mass of organic HAP emissions for the 
coatings and thinners used each month, using Equations 1 and 1A through 
1C of Sec.  63.3551; the calculation of the total volume of coating 
solids used each month, using Equation 2 of Sec.  63.3551; the 
calculation of the mass of organic HAP emission reduction each month by 
emission capture systems and add-on control devices, using Equations 1 
and 1A through 1D of Sec.  63.3561, and Equations 2, 3, and 3A through 
3C of Sec.  63.3561, as applicable; the calculation of the total mass 
of organic HAP emissions each month, using Equation 4 of Sec.  63.3561, 
as applicable; and the calculation of the 12-month organic HAP emission 
rate, using Equation 5 of Sec.  63.3561.
    (9) For the emission rate with add-on controls option or the 
control efficiency/outlet concentration option, you must include the 
information specified in paragraphs (c)(9)(i) through (iv) of this 
section. The requirements in paragraphs (c)(9)(i) through (iii) of this 
section do not apply to solvent recovery systems for which you conduct 
liquid-liquid material balances according to Sec.  63.3561(j).
    (i) For each emission capture system, a summary of the data and 
copies of the calculations supporting the determination that the 
emission capture system is a 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

[[Page 2135]]

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.  63.3493.

Sec.  63.3520  What reports must I submit?

    (a) Semiannual compliance reports. You must submit semiannual 
compliance reports for each affected source according to the 
requirements of paragraphs (a)(1) through (7) of this section. The 
semiannual compliance reporting requirements may be satisfied by 
reports required under other parts of the Clean Air Act (CAA), as 
specified in paragraph (a)(2) of this section.
    (1) Dates. Unless the Administrator has approved a different 
schedule for submission of reports under Sec.  63.10(a), you must 
prepare and submit each semiannual compliance report according to the 
dates specified in paragraphs (a)(1)(i) through (iv) of this section. 
Note that the information reported for each of the months in the 
reporting period will be based on the last 12 months of data prior to 
the date of each monthly calculation.
    (i) The first semiannual compliance report must cover the first 
semiannual reporting period which begins the day after the end of the 
initial compliance period described in Sec.  63.3540, Sec.  63.3550, 
Sec.  63.3560, or Sec.  63.3570 that applies to your affected source 
and ends on June 30 or December 31, whichever occurs first following 
the end of the initial compliance period.
    (ii) Each subsequent semiannual compliance report must cover the 
subsequent semiannual reporting period from January 1 through June 30 
or the semiannual reporting period from July 1 through December 31.
    (iii) Each semiannual compliance report must be postmarked or 
delivered no later than July 31 or January 31, whichever date is the 
first date following the end of the semiannual reporting period.
    (iv) For each affected source that is subject to permitting 
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the 
permitting authority has established dates for submitting semiannual 
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance 
reports according to the dates the permitting authority has established 
instead of the date specified in paragraph (a)(1)(iii) of this section.
    (2) Inclusion with title V report. Each affected source that has 
obtained a title V operating permit pursuant to 40 CFR part 70 or 40 
CFR part 71 must report all deviations as defined in this subpart in 
the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) 
or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a 
semiannual compliance report pursuant to this section along with, or as 
part of, the semiannual monitoring report required by 40 CFR 
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual 
compliance report includes all required information concerning 
deviations from any emission limitation in this subpart, its submission 
will be deemed to satisfy any obligation to report the same deviations 
in the semiannual monitoring report. However, submission of a 
semiannual compliance report shall not otherwise affect any obligation 
the affected source may have to report deviations from permit 
requirements to the permitting authority.
    (3) General requirements. The semiannual compliance report must 
contain the information specified in paragraphs (a)(3)(i) through (v) 
of this section and the information specified in paragraphs (a)(4) 
through (7) and (c)(1) of this section that is applicable to your 
affected source.
    (i) Company name and address.
    (ii) Statement by a responsible official with that official's name, 
title, and signature, certifying the truth, accuracy, and completeness 
of the content of the report.
    (iii) Date of report and beginning and ending dates of the 
reporting period. The reporting period is the 6-month period ending on 
June 30 or December 31. Note that the information reported for each of 
the 6 months in the reporting period will be based on the last 12 
months of data prior to the date of each monthly calculation.
    (iv) Identification of the compliance option or options specified 
in Sec.  63.3491 that you used on each coating operation during the 
reporting period. If you switched between compliance options during the 
reporting period, you must report the beginning and ending dates you 
used each option.
    (v) If you used the emission rate without add-on controls or the 
emission rate with add-on controls compliance option (Sec.  63.3491(b) 
or (c)), the calculation results for each rolling 12-month organic HAP 
emission rate during the 6-month reporting period.
    (4) No deviations. If there were no deviations from the emission 
limitations, operating limits, or work practice standards in Sec. Sec.  
63.3490, 63.3492, and 63.3493 that apply to you, the semiannual 
compliance report must include a statement that there were no 
deviations from the emission limitations during the reporting period. 
If you used the emission rate with add-on controls option or the 
control efficiency/outlet concentration option and there were no 
periods during which the continuous parameter monitoring systems (CPMS) 
were out of control as specified in Sec.  63.8(c)(7), the semiannual 
compliance report must include a statement that there were no periods 
during which the CPMS were out of control during the reporting period.
    (5) Deviations: compliant material option. If you used the 
compliant material option and there was a deviation from the applicable 
emission limit in Sec.  63.3490, the semiannual compliance report must 
contain the information in paragraphs (a)(5)(i) through (iv) of this 
section.
    (i) Identification of each coating used that deviated from the 
emission limit, each thinner used that contained organic HAP, and the 
dates and time periods each was used.
    (ii) The calculation of the organic HAP content (using Equation 1 
of Sec.  63.3541) for each coating identified in paragraph (a)(5)(i) of 
this section. You do not need to submit background data supporting this 
calculation, for example, information provided by coating suppliers or 
manufacturers, or test reports.
    (iii) The determination of mass fraction of organic HAP for each 
coating and thinner identified in paragraph (a)(5)(i) of this section. 
You do not need to submit background data supporting this calculation, 
for example, information provided by material suppliers or 
manufacturers, or test reports.
    (iv) A statement of the cause of each deviation.
    (6) Deviations: emission rate without add-on controls option. If 
you used the emission rate without add-on controls option and there was 
a deviation from the applicable emission limit in Sec.  63.3490, the 
semiannual compliance report must contain the information in paragraphs 
(a)(6)(i) through (iii) of this section.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec.  63.3490.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for the compliance period in which the deviation 
occurred. You

[[Page 2136]]

must provide the calculations for Equations 1, 1A through 1C, 2, and 3 
in Sec.  63.3551; and if applicable, the calculation used to determine 
mass of organic HAP in waste materials according to Sec.  
63.3551(e)(4). You do not need to submit background data supporting 
these calculations, for example, information provided by materials 
suppliers or manufacturers, or test reports.
    (iii) A statement of the cause of each deviation.
    (7) Deviations: emission rate with add-on controls option. If you 
used the emission rate with add-on controls option and there was a 
deviation from an emission limitation (including any periods when 
emissions bypassed the add-on control device and were diverted to the 
atmosphere), the semiannual compliance report must contain the 
information in paragraphs (a)(7)(i) through (xiv) of this section. That 
includes periods of startup, shutdown, and malfunction during which 
deviations occurred.
    (i) The beginning and ending dates of each compliance period during 
which the 12-month organic HAP emission rate exceeded the applicable 
emission limit in Sec.  63.3490.
    (ii) The calculations used to determine the 12-month organic HAP 
emission rate for each compliance period in which a deviation occurred. 
You must provide the calculation of the total mass of organic HAP 
emissions for the coatings and thinners used each month, using 
Equations 1 and 1A through 1C of Sec.  63.3551 and, if applicable, the 
calculation used to determine mass of organic HAP in waste materials 
according to Sec.  63.3551(e)(4); the calculation of the total volume 
of coating solids used each month, using Equation 2 of Sec.  63.3551; 
the calculation of the mass of organic HAP emission reduction each 
month by emission capture systems and add-on control devices, using 
Equations 1 and 1A through 1D of Sec.  63.3561, and Equations 2, 3, and 
3A through 3C of Sec.  63.3561, as applicable; the calculation of the 
total mass of organic HAP emissions each month, using Equation 4 of 
Sec.  63.3561; and the calculation of the 12-month organic HAP emission 
rate, using Equation 5 of Sec.  63.3561. You do not need to submit the 
background data supporting these calculations (e.g., information 
provided by materials suppliers or manufacturers, or test reports).
    (iii) The date and time that each malfunction started and stopped.
    (iv) A brief description of the CPMS.
    (v) The date of the latest CPMS certification or audit.
    (vi) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (vii) The date, time, and duration that each CPMS was out of 
control, including the information in Sec.  63.8(c)(8).
    (viii) The date and time period of each deviation from an operating 
limit in Table 4 to this subpart; date and time period of any bypass of 
the add-on control device; and whether each deviation occurred during a 
period of startup, shutdown, or malfunction or during another period.
    (ix) A summary of the total duration of each deviation from an 
operating limit in Table 4 to this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (x) A breakdown of the total duration of the deviations from the 
operating limits in Table 4 to this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (xi) A summary of the total duration of CPMS downtime during the 
semiannual reporting period and the total duration of CPMS downtime as 
a percent of the total source operating time during that semiannual 
reporting period.
    (xii) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xiii) For each deviation from the work practice standards, a 
description of the deviation; the date and time period of the 
deviation; and the actions you took to correct the deviation.
    (xiv) A statement of the cause of each deviation.
    (8) Deviations: control efficiency/outlet concentration option. If 
you used the control efficiency/outlet concentration 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 (a)(8)(i) through (xii) of this section. This 
includes periods of startup, shutdown, and malfunction during which 
deviations occurred.
    (i) The date and time that each malfunction started and stopped.
    (ii) A brief description of the CPMS.
    (iii) The date of the latest certification or audit of the CPMS.
    (iv) The date and time that each CPMS was inoperative, except for 
zero (low-level) and high-level checks.
    (v) The date, time, and duration that each CPMS was out-of-control, 
including the information in Sec.  63.8(c)(8).
    (vi) The date and time period of each deviation from an operating 
limit in Table 4 of this subpart; date and time 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.
    (vii) A summary of the total duration of each deviation from an 
operating limit in Table 4 of this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total 
duration as a percent of the total source operating time during that 
semiannual reporting period.
    (viii) A breakdown of the total duration of the deviations from the 
operating limits in Table 4 of this subpart and bypasses of the add-on 
control device during the semiannual reporting period into those that 
were due to startup, shutdown, control equipment problems, process 
problems, other known causes, and other unknown causes.
    (ix) 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.
    (x) A description of any changes in the CPMS, coating operation, 
emission capture system, or add-on control device since the last 
semiannual reporting period.
    (xi) 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.
    (xii) A statement of the cause of each deviation.
    (b) Performance test reports. If you use the emission rate with 
add-on controls option or the control efficiency/outlet concentration 
option, you must submit reports of performance test results for 
emission capture systems and add-on control devices no later than 60 
days after completing the tests as specified in Sec.  63.10(d)(2).
    (c) Startup, shutdown, malfunction reports. If you used the 
emission rate with add-on controls option or the control efficiency/
outlet concentration option and you had a startup, shutdown, or 
malfunction during the semiannual reporting period, you must

[[Page 2137]]

submit the reports specified in paragraphs (c)(1) and (2) of this 
section.
    (1) If your actions were consistent with your SSMP, you must 
include the information specified in Sec.  63.10(d) in the semiannual 
compliance report required by paragraph (a) of this section.
    (2) If your actions were not consistent with your SSMP, you must 
submit an immediate startup, shutdown, and malfunction report as 
described in paragraphs (c)(2)(i) and (ii) of this section.
    (i) You must describe the actions taken during the event in a 
report delivered by facsimile, telephone, or other means to the 
Administrator within 2 working days after starting actions that are 
inconsistent with the plan.
    (ii) You must submit a letter to the Administrator within 7 working 
days after the end of the event, unless you have made alternative 
arrangements with the Administrator as specified in Sec.  
63.10(d)(5)(ii). The letter must contain the information specified in 
Sec.  63.10(d)(5)(ii).

Sec.  63.3530  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 the 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 and thinner and the volume fraction of coating solids for each 
coating. If you conducted testing to determine mass fraction of organic 
HAP, density, or volume fraction of coating solids, you must keep a 
copy of the complete test report. If you use information provided to 
you by the manufacturer or supplier of the material that was based on 
testing, you must keep the summary sheet of results provided to you by 
the manufacturer or supplier. You are not required to obtain the test 
report or other supporting documentation from the manufacturer or 
supplier.
    (c) For each compliance period, the records specified in paragraphs 
(c)(1) through (4) of this section.
    (1) A record of the coating operations at which you used each 
compliance option and the time periods (beginning and ending dates and 
times) you used each option.
    (2) For the compliant material option, a record of the calculation 
of the organic HAP content for each coating, using Equation 1 of Sec.  
63.3541.
    (3) For the emission rate without add-on controls option, a record 
of the calculation of the total mass of organic HAP emissions for the 
coatings and thinners used each month, using Equations 1, 1A through 
1C, and 2 of Sec.  63.3551 and, if applicable, the calculation used to 
determine mass of organic HAP in waste materials according to Sec.  
63.3551(e)(4); the calculation of the total volume of coating solids 
used each month, using Equation 2 of Sec.  63.3551; and the calculation 
of each 12-month organic HAP emission rate, using Equation 3 of Sec.  
63.3551.
    (4) For the emission rate with add-on controls option, records of 
the calculations specified in paragraphs (c)(4)(i) through (v) of this 
section.
    (i) The calculation of the total mass of organic HAP emissions for 
the coatings and thinners used each month, using Equations 1 and 1A 
through 1C of Sec.  63.3551 and, if applicable, the calculation used to 
determine mass of organic HAP in waste materials according to Sec.  
63.3551(e)(4).
    (ii) The calculation of the total volume of coating solids used 
each month, using Equation 2 of Sec.  63.3551.
    (iii) The calculation of the mass of organic HAP emission reduction 
by emission capture systems and add-on control devices, using Equations 
1 and 1A through 1D of Sec.  63.3561, and Equations 2, 3, and 3A 
through 3C of Sec.  63.3561, as applicable.
    (iv) The calculation of the total mass of organic HAP emissions 
each month, using Equation 4 of Sec.  63.3561.
    (v) The calculation of each 12-month organic HAP emission rate, 
using Equation 5 of Sec.  63.3561.
    (5) For the control efficiency/outlet concentration option, records 
of the measurements made by the CPMS used to demonstrate compliance. 
For any coating operation(s) for which you use this option, you do not 
have to keep the records specified in paragraphs (d) through (g) of 
this section.
    (d) A record of the name and volume of each coating and thinner 
used during each compliance period.
    (e) A record of the mass fraction of organic HAP for each coating 
and thinner used during each compliance period.
    (f) A record of the volume fraction of coating solids for each 
coating used during each compliance period.
    (g) A record of the density for each coating used during each 
compliance period; and, if you use either the emission rate without 
add-on controls or the emission rate with add-on controls compliance 
option, the density for each thinner used during each compliance 
period.
    (h) If you use an allowance in Equation 1 of Sec.  63.3551 for 
organic HAP contained in waste materials sent to or designated for 
shipment to a treatment, storage, and disposal facility (TSDF) 
according to Sec.  63.3551(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.  
63.3551, 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.  
63.3551.
    (3) The methodology used in accordance with Sec.  63.3551(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. That 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 or the 
control efficiency/outlet concentration option, you must keep the 
records specified in paragraphs (k)(1) through (8) of this section.
    (1) For each deviation, a record of whether the deviation occurred 
during a period of startup, shutdown, or malfunction.
    (2) The records in Sec.  63.6(e)(3)(iii) through (v) related to 
startup, shutdown, and malfunction.
    (3) The records required to show continuous compliance with each 
operating limit specified in Table 4 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

[[Page 2138]]

efficiency of 100 percent, as specified in Sec.  63.3565(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 Sec. Sec.  63.3564 and 63.3565(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 (TTE) 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 TTE 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 TTE 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 TTE 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.  63.3565(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.  63.3566 or Sec.  
63.3576.
    (i) Records of each add-on control device performance test 
conducted according to Sec.  63.3564 or Sec.  63.3574 and Sec.  63.3566 
or Sec.  63.3576.
    (ii) Records of the coating operation conditions during the add-on 
control device performance test showing that the performance test was 
conducted under representative operating conditions.
    (7) Records of the data and calculations you used to establish the 
emission capture and add-on control device operating limits as 
specified in Sec.  63.3567 or Sec.  63.3577 and to document compliance 
with the operating limits as specified in Table 4 to this subpart.
    (8) A record of the work practice plan required by Sec.  63.3493 
and documentation that you are implementing the plan on a continuous 
basis.

Sec.  63.3531  In what form and for how long must I keep my records?

    (a) Your records must be kept in a form suitable and readily 
available for expeditious review, according to Sec.  63.10(b)(1). Where 
appropriate, the records may be maintained as electronic spreadsheets 
or as a database.
    (b) As specified in Sec.  63.10(b)(1), you must keep each record 
for 5 years following the date of each occurrence, measurement, 
maintenance, corrective action, report, or record.
    (c) You must keep each record on site for at least 2 years after 
the date of each occurrence, measurement, maintenance, corrective 
action, report, or record, according to Sec.  63.10(b)(1). You may keep 
the records off site for the remaining 3 years.

Compliance Requirements for the Compliant Material Option

Sec.  63.3540  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.  
63.3541. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. The initial compliance demonstration includes the 
calculations according to Sec.  63.3541 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.  63.3490 and that you used no thinners that contained organic 
HAP.

Sec.  63.3541  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 within a 
subcategory or coating type segment, or for all the coating operations 
within a subcategory or coating type segment. You must use either the 
emission rate without add-on controls option, the emission rate with 
add-on controls option, or the control efficiency/outlet concentration 
option for any coating operation in the affected source for which you 
do not use that 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.  63.3490 and must use no thinner 
that contains organic HAP as determined according to this section. Any 
coating operation for which you use the compliant material option is 
not required to meet the operating limits or work practice standards 
required in Sec. Sec.  63.3492 and 63.3493, respectively. You must 
conduct a separate initial compliance demonstration for each one and 
two-piece draw and iron can body coating, sheet coating, three-piece 
can body assembly coating, and end lining affected source. You must 
meet all the requirements of this section for the coating operation or 
group of coating operations using this option. Use the procedures in 
this section on each coating and thinner in the condition it is in when 
it is received from its manufacturer or supplier and prior to any 
alteration (e.g., mixing or thinning). Do not include any coatings or 
thinners used on coating operations for which you use the emission rate 
without add-on controls option, the emission rate with add-on controls 
option, or the control efficiency/outlet concentration option. You do 
not need to redetermine the HAP content of coatings or thinners 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.
    (a) Determine the mass fraction of organic HAP for each material 
used. You must determine the mass fraction of organic HAP for each 
coating and thinner 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

[[Page 2139]]

organic HAP. Use the procedures specified in paragraphs (a)(1)(i) and 
(ii) of this section when performing a Method 311 test.
    (i) Count each organic HAP that is measured to be present at 0.1 
percent by mass or more for Occupational Safety and Health 
Administration (OSHA)-defined carcinogens as specified in 29 CFR 
1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. 
For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 
percent of the material by mass, you do not have to count it. Express 
the mass fraction of each organic HAP you count as a value truncated to 
four places after the decimal point (for example, 0.3791).
    (ii) Calculate the total mass fraction of organic HAP in the test 
material by adding up the individual organic HAP mass fractions and 
truncating the result to three places after the decimal point (for 
example, 0.763).
    (2) Method 24 (Appendix A to 40 CFR Part 60). For coatings, you may 
use Method 24 to determine the mass fraction of nonaqueous volatile 
matter and use that value as a substitute for mass fraction of organic 
HAP.
    (3) Alternative method. You may use an alternative test method for 
determining the mass fraction of organic HAP once the Administrator has 
approved it. You must follow the procedure in Sec.  63.7(f) to submit 
an alternative test method for approval.
    (4) Information from the supplier or manufacturer of the material. 
You may rely on information other than that generated by the test 
methods specified in paragraphs (a)(1) through (3) of this section, 
such as manufacturer's formulation data, if it represents each organic 
HAP that is present at 0.1 percent by mass or more for OSHA-defined 
carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent 
by mass or more for other compounds. For example, if toluene (not an 
OSHA carcinogen) is 0.5 percent of the material by mass, you do not 
have to count it. If there is a disagreement between such information 
and results of a test conducted according to paragraphs (a)(1) through 
(3) of this section, then the test method results will take precedence.
    (5) Solvent blends. Solvent blends may be listed as single 
components for some materials in data provided by manufacturers or 
suppliers. Solvent blends may contain organic HAP which must be counted 
toward the total organic HAP mass fraction of the materials. When test 
data and manufacturer's data for solvent blends are not available, you 
may use the default values for the mass fraction of organic HAP in 
those solvent blends listed in Table 6 or 7 to this subpart. If you use 
the tables, you must use the values in Table 6 to this subpart for all 
solvent blends that match Table 6 entries, and you may only use Table 7 
to this subpart if the solvent blends in the materials you use do not 
match any of the solvent blends in Table 6 and you only know whether 
the blend is aliphatic or aromatic. However, if the results of a Method 
311 (40 CFR part 63, appendix A) test indicate higher values than those 
listed on Table 6 or 7 to this subpart, the Method 311 (40 CFR part 63, 
appendix A) results will take precedence.
    (b) Determine the volume fraction of coating solids for each 
coating. You must determine the volume fraction of coating solids 
(liters of coating solids per liter of coating) for each coating used 
during the compliance period by a test or by information provided by 
the supplier or the manufacturer of the material as specified in 
paragraphs (b)(1) and (2) of this section. If test results obtained 
according to paragraph (b)(1) of this section do not agree with the 
information obtained under paragraph (b)(2) of this section, the test 
results will take precedence.
    (1) ASTM Method D2697-86 (Reapproved 1998) or D6093-97. You may use 
ASTM Method D2697-86 (Reapproved 1998) or D6093-97 to determine the 
volume fraction of coating solids for each coating. Divide the 
nonvolatile volume percent obtained with the methods by 100 to 
calculate volume fraction of coating solids.
    (2) Information from the supplier or manufacturer of the material. 
You may obtain the volume fraction of coating solids for each coating 
from the supplier or manufacturer.
    (c) Determine the density of each coating. Determine the density of 
each coating used during the compliance period from test results using 
ASTM Method D1475-98 or information from the supplier or manufacturer 
of the material. If there is disagreement between ASTM Method D1475-98 
test results and the supplier's or manufacturer's information, the test 
results will take precedence.
    (d) Calculate the organic HAP content of each coating. Calculate 
the organic HAP content, kg organic HAP per liter coating solids, of 
each coating used during the compliance period, using Equation 1 of 
this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.000

Where:

Hc = organic HAP content of the coating, kg organic HAP per 
liter coating solids.
Dc = density of coating, kg coating per liter coating, 
determined according to paragraph (c) of this section.
Wc = mass fraction of organic HAP in the coating, kg organic 
HAP per kg coating, determined according to paragraph (a) of this 
section.
Vs = volume fraction of coating solids, liter coating solids 
per liter coating, determined according to paragraph (b) of this 
section.

    (e) Compliance demonstration. The organic HAP content for each 
coating used during the initial compliance period, determined using 
Equation 1 of this section, must be less than or equal to the 
applicable emission limit in Sec.  63.3490 and each thinner 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 Sec. Sec.  63.3530 and 63.3531. As part of the Notification 
of Compliance Status required in Sec.  63.3510, you must identify the 
coating operation(s) for which you used the compliant material option 
and submit a statement that the coating operation(s) was (were) in 
compliance with the emission limitations during the initial compliance 
period because you used no coatings for which the organic HAP content 
exceeded the applicable emission limit in Sec.  63.3490 and you used no 
thinners that contained organic HAP, determined according to paragraph 
(a) of this section.

Sec.  63.3542  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) For each compliance period, to demonstrate continuous 
compliance, you must use no coating for which the organic HAP content, 
determined using Equation 1 of Sec.  63.3541, exceeds the applicable 
emission limit in Sec.  63.3490 and use no thinner that contains 
organic HAP, determined according to Sec.  63.3541(a). A compliance 
period consists of 12 months. Each month after the end of the initial 
compliance period described in Sec.  63.3540 is the end of a compliance 
period consisting of that month and the preceding 11 months.
    (b) If you choose to comply with the emission limitations by using 
the compliant material option, the use of any coating or thinner 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 Sec. Sec.  63.3510(b)(6) and 63.3520(a)(5).

[[Page 2140]]

    (c) As part of each semiannual compliance report required by Sec.  
63.3520, you must identify the coating operation(s) for which you used 
the compliant material option. If there were no deviations from the 
emission limitations in Sec.  63.3490, submit a statement that the 
coating operation(s) was (were) in compliance with the emission 
limitations during the reporting period because you used no coating for 
which the organic HAP content exceeded the applicable emission limit in 
Sec.  63.3490 and you used no thinner or cleaning material that 
contained organic HAP, determined according to Sec.  63.3541(a).
    (d) You must maintain records as specified in Sec. Sec.  63.3530 
and 63.3531.

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

Sec.  63.3550  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.  
63.3551. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
volume of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the calculations 
according to Sec.  63.3551 and supporting documentation showing that, 
during the initial compliance period, the organic HAP emission rate was 
equal to or less than the applicable emission limit in Sec.  63.3490.

Sec.  63.3551  How do I demonstrate initial compliance with the 
emission limitations?

    You may use the emission rate without add-on controls option for 
any coating operation, for any group of coating operations within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment. You must use 
either the compliant material option, the emission rate with add-on 
controls option, or the control efficiency/outlet concentration option 
for any coating operation in the affected source for which you do not 
use this option. If you use the alternative overall emission limit for 
a subcategory according to paragraph (i) of this section to demonstrate 
compliance, however, you must include all coating operations in all 
coating type segments in the subcategory to determine compliance with 
the overall limit. To demonstrate initial compliance using the emission 
rate without add-on controls option, the coating operation or group of 
coating operations must meet the applicable emission limit in Sec.  
63.3490, but is not required to meet the operating limits or work 
practice standards in Sec. Sec.  63.3492 and 63.3493, respectively. You 
must conduct a separate initial compliance demonstration for each one 
and two-piece draw and iron can body coating, sheet coating, three-
piece can body assembly coating, and end lining affected source. You 
must meet all the requirements of this section to demonstrate initial 
compliance with the applicable emission limit in Sec.  63.3490 for the 
coating operation(s). When calculating the organic HAP emission rate 
according to this section, do not include any coatings or thinners used 
on coating operations for which you use the compliant material option, 
the emission rate with add-on controls option, or the control 
efficiency/outlet concentration option or coating operations in a 
different affected source in a different subcategory. Use the 
procedures in this section on each coating and thinner in the condition 
it is in when it is received from its manufacturer or supplier and 
prior to any alteration (e.g., mixing or thinning). You do not need to 
redetermine the mass of organic HAP in coatings or thinners 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 and thinner 
used during each month according to the requirements in Sec.  
63.3541(a).
    (b) Determine the volume fraction of coating solids for each 
coating. Determine the volume fraction of coating solids for each 
coating used during each month according to the requirements in Sec.  
63.3541(b).
    (c) Determine the density of each material. Determine the density 
of each coating and thinner used during each month from test results 
using ASTM Method D1475-98, information from the supplier or 
manufacturer of the material, or reference sources providing density or 
specific gravity data for pure materials. If there is disagreement 
between ASTM Method D1475-98 test results and such other information 
sources, the test results will take precedence.
    (d) Determine the volume of each material used. Determine the 
volume (liters) of each coating and thinner used during each month by 
measurement or usage records.
    (e) Calculate the mass of organic HAP emissions. The mass of 
organic HAP emissions is the combined mass of organic HAP contained in 
all coatings and thinners used during each month minus the organic HAP 
in certain waste materials. Calculate it using Equation 1 of this 
section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.001

Where:

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

    (1) Calculate the mass of organic HAP in the coatings used during 
the month, using Equation 1A of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.002

Where:

A = total mass of organic HAP in the coatings used during the month, 
kg.
Volc,i = total volume of coating, i, used during the month, 
liters.
Dc,i = density of coating, i, kg coating per liter coating.
Wc,i = mass fraction of organic HAP in coating, i, kg 
organic HAP per kg coating.
m = number of different coatings used during the month.

    (2) Calculate the mass of organic HAP in the thinners used during 
the month using Equation 1B of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.003

Where:

B = total mass of organic HAP in the thinners used during the month, 
kg.
Volt,j = total volume of thinner, j, used during the month, 
liters.

[[Page 2141]]

Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg 
organic HAP per kg thinner.
n = number of different thinners used during the month.

    (3) If you choose to account for the mass of organic HAP contained 
in waste materials sent or designated for shipment to a hazardous waste 
TSDF in Equation 1 of this section, then you must determine it 
according to paragraphs (e)(3)(i) through (iv) of this section.
    (i) You may include in the determination only waste materials that 
are generated by coating operations for which you use Equation 1 of 
this section and that will be treated or disposed of by a facility 
regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF 
may be either off-site or on-site. You may not include organic HAP 
contained in wastewater.
    (ii) You must determine either the amount of the waste materials 
sent to a TSDF during the month or the amount collected and stored 
during the month and designated for future transport to a TSDF. Do not 
include in your determination any waste materials sent to a TSDF during 
a month if you have already included them in the amount collected and 
stored during that month or a previous month.
    (iii) Determine the total mass of organic HAP contained in the 
waste materials specified in paragraph (e)(4)(ii) of this section.
    (iv) You must document the methodology you used to determine the 
amount of waste materials and the total mass of organic HAP they 
contain as required in Sec.  63.3530(h). To the extent that waste 
manifests include this information, they may be used as part of the 
documentation of the amount of waste materials and mass of organic HAP 
contained in them.
    (f) Calculate the total volume of coating solids used. Determine 
the total volume of coating solids used which is the combined volume of 
coating solids for all the coatings used during each month, using 
Equation 2 of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.004

Where:

Vst = total volume of coating solids used during the month, 
liters.
Volc,i = total volume of coating, i, used during the month, 
liters.
Vs,i = volume fraction of coating solids for coating, i, 
liter solids per liter coating, determined according to Sec.  
63.3541(b).
m = number of coatings used during the month.

    (g) Calculate the organic HAP emission rate. Calculate the organic 
HAP emission rate for the 12-month compliance period, kg organic HAP 
per liter coating solids used, using Equation 3 of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.005

Where:

Hyr = organic HAP emission rate for the 12-month compliance 
period, kg organic HAP per liter coating solids.
He = total mass of organic HAP emissions, kg, from all 
materials used during month, y, as calculated by Equation 1 of this 
section.
Vst = total volume of coating solids, liters, used during 
month, y, as calculated by Equation 2 of this section.
y = identifier for months.

    (h) Compliance demonstration. The organic HAP emission rate for the 
initial 12-month compliance period, Hyr, must be less than 
or equal to the applicable emission limit in Sec.  63.3490. You must 
keep all records as required by Sec. Sec.  63.3530 and 63.3531. As part 
of the Notification of Compliance Status required by Sec.  63.3510, 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.  63.3490, determined according to this section.
    (i) Alternative calculation of overall subcategory emission limit 
(OSEL). Alternatively, if your affected source applies coatings in more 
than one coating type segment within a subcategory, you may calculate 
an overall HAP emission limit for the subcategory using Equation 4 of 
this section. If you use this approach, you must limit organic HAP 
emissions to the atmosphere to the OSEL specified by Equation 4 of this 
section during each 12-month compliance period.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.006

Where:

OSEL = total allowable organic HAP in kg HAP/liter coating solids 
(pound (lb) HAP/gal solids) that can be emitted to the atmosphere from 
all coating type segments in the subcategory.
Li = HAP emission limit for coating type segment i from 
Table 1 for a new or reconstructed source or Table 2 for an existing 
source, kg HAP/liter coating solids (lb HAP/gal solids).
Vi = total volume of coating solids in liters (gal) for all 
coatings in coating type segment i used during the 12-month compliance 
period.
n = number of coating type segments within one subcategory being used 
at the affected source.

    You must use the OSEL determined by Equation 4 throughout the 12-
month compliance period and may not switch between compliance with 
individual coating type limits and an OSEL. You may not include 
coatings in different subcategories in determining your OSEL by this 
approach. You must keep all records as required by Sec. Sec.  63.3530 
and 63.3531. As part of the Notification of Compliance Status required 
by Sec.  63.3510, you must identify the subcategory for which you used 
a calculated OSEL 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 for the 
subcategory was less than or equal to the OSEL determined according to 
this section.

Sec.  63.3552  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.  
63.3551(a) through (g), must be less than or equal to the applicable 
emission limit in Sec.  63.3490. Alternatively, if you calculate an 
OSEL for all coating type segments within a subcategory according to 
Sec.  63.3551(i), the organic HAP emission rate for the subcategory for 
each compliance period must be less than or equal to the calculated 
OSEL. You must use the calculated OSEL throughout each compliance 
period. A compliance period consists of 12 months. Each month after the 
end of the initial compliance period described in Sec.  63.3550 is the 
end of a compliance period consisting of that month and the preceding 
11 months. You must perform the calculations in Sec.  63.4551(a) 
through (g) on a monthly basis using data from the previous 12 months 
of operation.

[[Page 2142]]

    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec.  63.3490 or the 
OSEL calculated according to Sec.  63.3551(i), this is a deviation from 
the emission limitations for that compliance period and must be 
reported as specified in Sec. Sec.  63.3510(c)(6) and 63.3520(a)(6).
    (c) As part of each semiannual compliance report required by Sec.  
63.3520, you must identify the coating operation(s) for which you used 
the emission rate without add-on controls option. If there were no 
deviations from the emission limitations, you must submit a statement 
that the coating operation(s) was (were) in compliance with the 
emission limitations during the reporting period because the organic 
HAP emission rate for each compliance period was less than or equal to 
the applicable emission limit in Sec.  63.3490 determined according to 
Sec.  63.3551(a) through (g), or using the OSEL calculated according to 
Sec.  63.3551(i).
    (d) You must maintain records as specified in Sec. Sec.  63.3530 
and 63.3531.

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

Sec.  63.3560  By what date must I conduct performance tests and other 
initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed affected source, you must meet the requirements of 
paragraphs (a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.3483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.3561(j), you must conduct a performance test of each capture 
system and add-on control device according to Sec. Sec.  63.3564, 
63.3565, and 63.3566 and establish the operating limits required by 
Sec.  63.3492 no later than 180 days after the applicable compliance 
date specified in Sec.  63.3483. For a solvent recovery system for 
which you conduct liquid-liquid material balances according to Sec.  
63.3561(j), you must initiate the first material balance no later than 
the applicable compliance date specified in Sec.  63.3483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3493 no later than the compliance date specified 
in Sec.  63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3561. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
volume of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. Sec.  63.3564, 63.3565, and 63.3566, 
results of liquid-liquid material balances conducted according to Sec.  
63.3561(j), calculations according to Sec.  63.3561 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.  63.3490(a), the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec.  63.3568, and documentation of whether you 
developed and implemented the work practice plan required by Sec.  
63.3493.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.3492 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits for your affected source on 
the date you complete the performance tests specified in paragraph 
(a)(1) of this section. The requirements in this paragraph do not apply 
to solvent recovery systems for which you conduct liquid-liquid 
material balances according to the requirements in Sec.  63.3561(j).
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.3483. Except for solvent recovery systems 
for which you conduct liquid-liquid material balances according to 
Sec.  63.3561(j), you must conduct a performance test of each capture 
system and add-on control device according to the procedures in 
Sec. Sec.  63.3564, 63.3565, and 63.3566 and establish the operating 
limits required by Sec.  63.3492 no later than the compliance date 
specified in Sec.  63.3483. For a solvent recovery system for which you 
conduct liquid-liquid material balances according to Sec.  63.3561(j), 
you must initiate the first material balance no later than the 
compliance date specified in Sec.  63.3483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3493 no later than the compliance date specified 
in Sec.  63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3561. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 and ends on the last day of 
the 12th month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. You must determine the mass of organic HAP emissions and 
volume of coating solids used each month and then calculate a 12-month 
organic HAP emission rate at the end of the initial 12-month compliance 
period. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. Sec.  63.3564, 63.3565, and 63.3566, 
results of liquid-liquid material balances conducted according to Sec.  
63.3561(j), calculations according to Sec.  63.3561 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.  63.3490(b), the operating limits established during the 
performance tests and the results of the continuous parameter 
monitoring required by Sec.  63.3568, and documentation of whether you 
developed and implemented the work practice plan required by Sec.  
63.3493.

Sec.  63.3561  How do I demonstrate initial compliance?

    (a) You may use the emission rate with add-on controls option for 
any coating operation, for any group of coating operations within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment. 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, the emission rate

[[Page 2143]]

without add-on controls option, or the control efficiency/outlet 
concentration option for any coating operation in the affected source 
for which you do not use the emission rate with add-on controls option. 
To demonstrate initial compliance, the coating operation(s) for which 
you use the emission rate with add-on controls option must meet the 
applicable emission limitations in Sec.  63.3490. You must conduct a 
separate initial compliance demonstration for each one and two-piece 
draw and iron can body coating, sheet coating, three-piece can body 
assembly coating, and end lining affected source. 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 or thinners used 
on coating operations for which you use the compliant material option, 
the emission rate without add-on controls option, or the control 
efficiency/outlet concentration option. You do not need to redetermine 
the mass of organic HAP in coatings or thinners that have been 
reclaimed on-site and reused in the coating operation(s) for which you 
use the emission rate with add-on controls option.
    (b) Compliance with operating limits. Except as provided in Sec.  
63.3560(a)(4) and except for solvent recovery systems for which you 
conduct liquid-liquid material balances according to the requirements 
of Sec.  63.3561(j), you must establish and demonstrate continuous 
compliance during the initial compliance period with the operating 
limits required by Sec.  63.3492 using the procedures specified in 
Sec. Sec.  63.3567 and 63.3568.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.3493 during the initial compliance period, as 
specified in Sec.  63.3530.
    (d) Compliance with emission limits. You must follow the procedures 
in paragraphs (e) through (n) of this section to demonstrate compliance 
with the applicable emission limit in Sec.  63.3490.
    (e) Determine the mass fraction of organic HAP, density, volume 
used, and volume fraction of coating solids. Follow the procedures 
specified in Sec.  63.3551(a) through (d) to determine the mass 
fraction of organic HAP, density, and volume of each coating and 
thinner used during each month and the volume fraction of coating 
solids for each coating used during each month.
    (f) Calculate the total mass of organic HAP emissions before add-on 
controls. Using Equation 1 of Sec.  63.3551, calculate the total mass 
of organic HAP emissions before add-on controls from all coatings and 
thinners used during each month in the coating operation or group of 
coating operations for which you use the emission rate with add-on 
controls option.
    (g) Calculate the organic HAP emission reduction for each 
controlled coating operation. Determine the mass of organic HAP 
emissions reduced for each controlled coating operation during each 
month. The emission reduction determination quantifies the total 
organic HAP emissions that pass through the emission capture system and 
are destroyed or removed by the add-on control device. Use the 
procedures in paragraph (h) of this section to calculate the mass of 
organic HAP emission reduction for each controlled coating operation 
using an emission capture system and add-on control device other than a 
solvent recovery system for which you conduct liquid-liquid material 
balances. For each controlled coating operation using a solvent 
recovery system for which you conduct a liquid-liquid material balance, 
use the procedures in paragraph (j) of this section to calculate the 
organic HAP emission reduction.
    (h) Calculate the organic HAP emission reduction for each 
controlled coating operation not using liquid-liquid material balances. 
For each controlled coating operation using an emission capture system 
and add-on control device other than a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate the 
organic HAP emission reduction, using Equation 1 of this section. The 
calculation applies the emission capture system efficiency and add-on 
control device efficiency to the mass of organic HAP contained in the 
coatings and thinners that are used in the coating operation served by 
the emission capture system and add-on control device during each 
month. Equation 1 of this section accounts for any period of time a 
deviation specified in Sec.  63.3563(c) or (d) occurs in the controlled 
coating operation, including a deviation during a period of startup, 
shutdown, or malfunction during which you must assume zero efficiency 
for the emission capture system and add-on control device.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.007

Where:

HC = mass of organic HAP emission reduction for the 
controlled coating operation during the month, kg.
AC = total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, kg, as calculated in 
Equation 1A of this section.
BC = total mass of organic HAP in the thinners used in the 
controlled coating operation during the month, kg, as calculated in 
Equation 1B of this section.
RW = total mass of organic HAP in waste materials sent or 
designated for shipment to a hazardous waste TSDF for treatment or 
disposal during the month, kg, determined according to Sec.  
63.3551(e)(4).
CE = capture efficiency of the emission capture system vented to the 
add-on control device, percent. Use the test methods and procedures 
specified in Sec. Sec.  63.3564 and 63.3565 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 
Sec. Sec.  63.3564 and 63.3566 to measure and record the organic HAP 
destruction or removal efficiency.
Top = total time period of operation of controlled coating 
operation during the month, hours.
Tdev = total time period of deviations for controlled 
coating operation during the month, hours.

    (1) Calculate the mass of organic HAP in the coatings used in the 
controlled coating operation, kg, using Equation 1A of this section.

[[Page 2144]]

[GRAPHIC]
[TIFF OMITTED]
TP15JA03.008

Where:

AC = total mass of organic HAP in the coatings used in the 
controlled coating operation during the month, kg.
Volc,i = total volume of coating, i, used during the month, 
liters.
Dc,i = density of coating, i, kg per liter.
Wc,i = mass fraction of organic HAP in coating, i, kg per 
kg.
m = number of different coatings used.

    (2) Calculate the mass of organic HAP in the thinners used in the 
controlled coating operation, kg, using Equation 1B of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.009

Where:

BC = total mass of organic HAP in the thinners used in the 
controlled coating operation during the month, kg.
Volt,j = total volume of thinner, j, used during the month, 
liters.
Dt,j = density of thinner, j, kg per liter thinner.
Wt,j = mass fraction of organic HAP in thinner, j, kg 
organic HAP per kg thinner.
n = number of different thinners used.

    (i) [Reserved]
    (j) Calculate the organic HAP emission reduction for each 
controlled coating operation using liquid-liquid material balances. For 
each controlled coating operation using a solvent recovery system for 
which you conduct liquid-liquid material balances, calculate the 
organic HAP emission reduction by applying the volatile organic matter 
collection and recovery efficiency to the mass of organic HAP contained 
in the coatings and thinners that are used in the coating operation 
controlled by the solvent recovery system during each month. Perform a 
liquid-liquid material balance for each month as specified in 
paragraphs (j)(1) through (6) of this section. Calculate the mass of 
organic HAP emission reduction by the solvent recovery system as 
specified in paragraph (j)(7) of this section.
    (1) For each solvent recovery system, install, calibrate, maintain, 
and operate according to the manufacturer's specifications, a device 
that indicates the cumulative amount of volatile organic matter 
recovered by the solvent recovery system each month. The device must be 
initially certified by the manufacturer to be accurate to within +/- 
2.0 percent of the mass of volatile organic matter recovered.
    (2) For each solvent recovery system, determine the mass of 
volatile organic matter recovered for the month, kg, based on 
measurement with the device required in paragraph (j)(1) of this 
section.
    (3) Determine the mass fraction of volatile organic matter for each 
coating and thinner used in the coating operation controlled by the 
solvent recovery system during the month, kg volatile organic matter 
per kg coating. You may determine the volatile organic matter mass 
fraction using Method 24 of 40 CFR part 60, appendix A, or an EPA 
approved alternative method, or you may use information provided by the 
manufacturer or supplier of the coating. In the event of any 
inconsistency between information provided by the manufacturer or 
supplier and the results of Method 24 of 40 CFR part 60, appendix A, or 
an approved alternative method, the test method results will govern.
    (4) Determine the density of each coating and thinner used in the 
coating operation controlled by the solvent recovery system during the 
month, kg per liter, according to Sec.  63.3551(c).
    (5) Measure the volume of each coating, thinner, and cleaning 
material used in the coating operation controlled by the solvent 
recovery system during the month, liters.
    (6) Each month, calculate the solvent recovery system's volatile 
organic matter collection and recovery efficiency, using Equation 2 of 
this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.010

Where:

RV = volatile organic matter collection and recovery 
efficiency of the solvent recovery system during the month, percent.
MVR = mass of volatile organic matter recovered by the 
solvent recovery system during the month, kg.
Voli = volume of coating, i, used in the coating operation 
controlled by the solvent recovery system during the month, liters.
Di = density of coating, i, kg per liter.
WVc,i = mass fraction of volatile organic matter for 
coating, i, kg volatile organic matter per kg coating.
Volj = volume of thinner, j, used in the coating operation 
controlled by the solvent recovery system during the month, liters.
Dj = density of thinner, j, kg per liter.
WVt,j = mass fraction of volatile organic matter for 
thinner, j, kg volatile organic matter per kg thinner.
m = number of different coatings used in the coating operation 
controlled by the solvent recovery system during the month.
n = number of different thinners used in the coating operation 
controlled by the solvent recovery system during the month.

    (7) Calculate the mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system during the 
month, using Equation 3 of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.011

[[Page 2145]]

Where:

HCSR = mass of organic HAP emission reduction for the 
coating operation controlled by the solvent recovery system using a 
liquid-liquid material balance during the month, kg.
ACSR = total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 3A of this section.
BCSR = total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, kg, 
calculated using Equation 3B of this section.
RV = volatile organic matter collection and recovery 
efficiency of the solvent recovery system, percent, from Equation 2 of 
this section.

    (i) Calculate the mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system, kg, using 
Equation 3A of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.012

Where:

ACSR = total mass of organic HAP in the coatings used in the 
coating operation controlled by the solvent recovery system during the 
month, kg.
Volc,i = total volume of coating, i, used during the month 
in the coating operation controlled by the solvent recovery system, 
liters.
Dc,i = density of coating, i, kg per liter.
Wc,i = mass fraction of organic HAP in coating, i, kg per 
kg.
m = number of different coatings used.

    (ii) Calculate the mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system, using 
Equation 3B of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.013

Where:

BCSR = total mass of organic HAP in the thinners used in the 
coating operation controlled by the solvent recovery system during the 
month, kg.
Volt,j = total volume of thinner, j, used during the month 
in the coating operation controlled by the solvent recovery system, 
liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg per 
kg.
n = number of different thinners used.

    (k) Calculate the total volume of coating solids used. Determine 
the total volume of coating solids used which is the combined volume of 
coating solids for all the coatings used during each month in the 
coating operation or group of coating operations for which you use the 
emission rate with add-on controls option, using Equation 2 of Sec.  
63.3551.
    (l) Calculate the mass of organic HAP emissions for each month. 
Determine the mass of organic HAP emissions during each month, using 
Equation 4 of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.014

Where:

HHAP = total mass of organic HAP emissions for the month, 
kg.
He = total mass of organic HAP emissions before add-on 
controls from all the coatings and thinners used during the month, kg, 
determined according to paragraph (f) of this section.
HC,i = total mass of organic HAP emission reduction for 
controlled coating operation, i, not using a liquid-liquid material 
balance, during the month, kg, from Equation 1 of this section.
HCSR,j = total mass of organic HAP emission reduction for 
coating operation, j, controlled by a solvent recovery system using a 
liquid-liquid material balance, during the month, kg, from Equation 3 
of this section.
q = number of controlled coating operations not using a liquid-liquid 
material balance.
r = number of coating operations controlled by a solvent recovery 
system using a liquid-liquid material balance.

    (m) Calculate the organic HAP emission rate for the 12-month 
compliance period. Determine the organic HAP emission rate for the 12-
month compliance period, kg organic HAP per liter coating solids used, 
using Equation 5 of this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.015

Where:

Hannual = organic HAP emission rate for the 12-month 
compliance period, kg organic HAP per liter coating solids.
HHAP,y = organic HAP emission rate for month, y, determined 
according to Equation 4 of this section.
Vst,y = total volume of coating solids used during month, y, 
liters, from Equation 2 of Sec.  63.3551.
y = identifier for months.

    (n) Compliance demonstration. To demonstrate initial compliance 
with the emission limit, the organic HAP emission rate, calculated 
using Equation 5 of this section, must be less than or equal to the 
applicable emission limit in Sec.  63.3490. You must keep all records 
as required by Sec. Sec.  63.3530 and 63.3531. As part of the 
Notification of Compliance Status required by Sec.  63.3510, you must 
identify the coating operation(s) for which you used the emission rate 
with

[[Page 2146]]

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.  
63.3490 and you achieved the operating limits required by Sec.  63.3492 
and the work practice standards required by Sec.  63.3493.

Sec.  63.3562  [Reserved]

Sec.  63.3563  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the applicable 
emission limit in Sec.  63.3490, the organic HAP emission rate for each 
compliance period, determined according to the procedures in Sec.  
63.3561, must be equal to or less than the applicable emission limit in 
Sec.  63.3490. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec.  
63.3560 is the end of a compliance period consisting of that month and 
the preceding 11 months. You must perform the calculations in Sec.  
63.3561 on a monthly basis using data from the previous 12 months of 
operation.
    (b) If the organic HAP emission rate for any 12-month compliance 
period exceeded the applicable emission limit in Sec.  63.3490, that is 
a deviation from the emission limitation for that compliance period and 
must be reported as specified in Sec. Sec.  63.3510(b)(6) and 
63.3520(a)(7).
    (c) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.3492 that applies to you as specified in 
Table 4 to this subpart.
    (1) If an operating parameter is out of the allowed range specified 
in Table 4 to this subpart, this is a deviation from the operating 
limit that must be reported as specified in Sec. Sec.  63.3510(b)(6) 
and 63.3520(a)(7).
    (2) If an operating parameter deviates from the operating limit 
specified in Table 4 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.  63.3561(h), 
you must treat the materials used during a deviation on a controlled 
coating operation as if they were used on an uncontrolled coating 
operation for the time period of the deviation as indicated in Equation 
1 of Sec.  63.3561.
    (d) You must meet the requirements for bypass lines in Sec.  
63.3568(b) for controlled coating operations for which you do not 
conduct material balances. If any bypass line is opened and emissions 
are diverted to the atmosphere when the coating operation is running, 
this is a deviation that must be reported as specified in Sec. Sec.  
63.3510(b)(6) and 63.3520(a)(7). For the purposes of completing the 
compliance calculations specified in Sec. Sec.  63.3561(h), you must 
treat the materials used during a deviation on a controlled coating 
operation as if they were used on an uncontrolled coating operation for 
the time period of the deviation as indicated in Equation 1 of Sec.  
63.3561.
    (e) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.3493. 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.  63.3530(k)(8), that is a deviation from the 
work practice standards that must be reported as specified in 
Sec. Sec.  63.3510(b)(6) and 63.3520(a)(7).
    (f) As part of each semiannual compliance report required in Sec.  
63.3520, you must identify the coating operation(s) for which you used 
the emission rate with add-on controls option. If there were no 
deviations from the emission limitations, submit a statement that you 
were in compliance with the emission limitations during the reporting 
period because the organic HAP emission rate for each compliance period 
was less than or equal to the applicable emission limit in Sec.  
63.3490 and you achieved the operating limits required by Sec.  63.3492 
and the work practice standards required by Sec.  63.3493 during each 
compliance period.
    (g) During periods of startup, shutdown, or malfunction of the 
emission capture system, add-on control device, or coating operation 
that may affect emission capture or control device efficiency, you must 
operate in accordance with the SSMP required by Sec.  63.3500(c).
    (h) Consistent with Sec. Sec.  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 you identify as 
a startup, shutdown, or malfunction are violations according to the 
provisions in Sec.  63.6(e).
    (i) [Reserved]
    (j) You must maintain records as specified in Sec. Sec.  63.3530 
and 63.3531.

Sec.  63.3564  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.3560 according to the requirements in Sec.  63.7(e)(1) and under the 
conditions in this section unless you obtain a waiver of the 
performance test according to the provisions in Sec.  63.7(h).
    (1) Representative coating operation operating conditions. You must 
conduct the performance test under representative operating conditions 
for the coating operation. Operations during periods of startup, 
shutdown, or malfunction and during periods of nonoperation do not 
constitute representative conditions. You must record the process 
information that is necessary to document operating conditions during 
the test and explain why the conditions represent normal operation.
    (2) Representative emission capture system and add-on control 
device operating conditions. You must conduct the performance test when 
the emission capture system and add-on control device are operating at 
a representative flow rate and the add-on control device is operating 
at a representative inlet concentration. You must record information 
that is necessary to document emission capture system and add-on 
control device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec.  63.3565. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.3566.

Sec.  63.3565  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.  63.3560.
    (a) Assuming 100 percent capture efficiency. You may assume the 
capture system efficiency is 100 percent if both of the conditions in 
paragraphs (a)(1) and (2) of this section are met:
    (1) The capture system meets the criteria in Method 204 of appendix 
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from 
the enclosure to an add-on control device.
    (2) All coatings and thinners used in the coating operation are 
applied within the capture system and coating solvent flash-off and 
coating, curing, and drying

[[Page 2147]]

occurs within the capture system. For example, the criterion is not met 
if parts enter the open shop environment when being moved between a 
spray booth and a curing oven.
    (b) Measuring capture efficiency. If the capture system does not 
meet both of the criteria in paragraphs (a)(1) and (2) of this section, 
then you must use one of the three protocols described in paragraphs 
(c), (d), and (e) of this section to measure capture efficiency. The 
capture efficiency measurements use TVH capture efficiency as a 
surrogate for organic HAP capture efficiency. For the protocols in 
paragraphs (c) and (d) of this section, the capture efficiency 
measurement must consist of three test runs. Each test run must be at 
least 3 hours duration or the length of a production run, whichever is 
longer, up to 8 hours. For the purposes of this test, a production run 
means the time required for a single part to go from the beginning to 
the end of production, which includes surface preparation activities 
and drying or curing time.
    (c) Liquid-to-uncaptured-gas protocol using a temporary total 
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol 
compares the mass of liquid TVH in materials used in the coating 
operation to the mass of TVH emissions not captured by the emission 
capture system. Use a TTE 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 and thinners 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 TTE 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 and 
thinner used in the coating operation during each capture efficiency 
test run. To make the determination, substitute TVH for each occurrence 
of the term volatile organic compounds (VOC) in the methods.
    (3) Use Equation 1 of this section to calculate the total mass of 
TVH liquid input from all the coatings and thinners used in the coating 
operation during each capture efficiency test run.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.016

Where:

TVHused = total mass of liquid TVH in materials used in the 
coating operation during the capture efficiency test run, kg.
TVHi = mass fraction of TVH in coating or thinner, i, that 
is used in the coating operation during the capture efficiency test 
run, kg TVH per kg material
Voli = total volume of coating or thinner, i, used in the 
coating operation during the capture efficiency test run, liters.
Di = density of coating or thinner, i, kg material per liter 
material.
n = number of different coatings and thinners 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 TTE 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 of appendix M to 40 CFR part 51 if the 
enclosure is a TTE.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 if the 
enclosure is a building enclosure. During the capture efficiency 
measurement, all organic compound emitting operations inside the 
building enclosure other than the coating operation for which capture 
efficiency is being determined must be shut down but all fans and 
blowers must be operating normally.
    (5) For each capture efficiency test run, determine the percent 
capture efficiency of the emission capture system using Equation 2 of 
this section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.017

Where:

CE = capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVHused = total mass of liquid TVH used in the coating 
operation during the capture efficiency test run, kg.
TVHuncaptured = total mass of TVH that is not captured by 
the emission capture system and that exits from the TTE or building 
enclosure during the capture efficiency test run, kg, determined 
according to paragraph (c)(4) of this section.

    (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 TTE 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 and thinners 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

[[Page 2148]]

or a spray booth must also be inside the enclosure. The enclosure must 
meet the applicable definition of a TTE 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 of appendix M 
to 40 CFR part 51 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 TTE 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 of appendix M to 40 CFR part 51 if the 
enclosure is a TTE.
    (ii) Use Method 204E of appendix M to 40 CFR part 51 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]
TP15JA03.018

Where:

CE = capture efficiency of the emission capture system vented to the 
add-on control device, percent.
TVHcaptured = total mass of TVH captured by the emission 
capture system as measured at the inlet to the add-on control device 
during the emission capture efficiency test run, kg, determined 
according to paragraph (d)(2) of this section.
TVHuncaptured = total mass of TVH that is not captured by 
the emission capture system and that exits from the TTE or building 
enclosure during the capture efficiency test run, kg, determined 
according to paragraph (d)(3) of this section.

    (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.  63.3566  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec.  63.3560. 
You must conduct three test runs as specified in Sec.  63.7(e)(3) and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR 
part 60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight. 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 and Exhaust Gas 
Analyses.''
    (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 (5) of this section. You must use the same 
method for both the inlet and outlet measurements.
    (1) Use Method 25 of appendix A to 40 CFR part 60 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 of appendix A to 40 CFR part 60 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 of appendix A to 40 CFR part 60 if the add-
control device is not an oxidizer.
    (4) You may use Method 18 of appendix A to 40 CFR part 60 to 
subtract methane emissions from measured total gaseous organic mass 
emissions as carbon.
    (5) Alternatively, any other test method or data that have been 
validated according to the applicable procedures in Method 301 of 40 
CFR part 63, appendix A, and approved by the Administrator may be used.
    (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.

[[Page 2149]]

    (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]
TP15JA03.019

Where:

Mf = total gaseous organic emissions mass flow rate, kg per 
hour (kg/h).
Cc = concentration of organic compounds as carbon in the 
vent gas, as determined by Method 25 or Method 25A, ppmvd.
Qsd = volumetric flow rate of gases entering or exiting the 
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 
2G, dry standard cubic meters/hour (dscm/h).
0.0416 = conversion factor for molar volume, kg-moles per cubic meter 
(mol/m3) (@ 293 Kelvin (K) and 760 millimeters of mercury 
(mmHg)).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.020

Where:

DRE = organic emissions destruction or removal efficiency of the add-on 
control device, percent.
Mfi = total gaseous organic emissions mass flow rate at the 
inlet(s) to the add-on control device, using Equation 1 of this 
section, kg/h.
Mfo = total gaseous organic emissions mass flow rate at the 
outlet(s) of the add-on control device, using Equation 1 of this 
section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

Sec.  63.3567  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.  63.3560 and described 
in Sec. Sec.  63.3564, 63.3565, and 63.3566, you must establish the 
operating limits required by Sec.  63.3492 according to this section 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.3492.
    (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. That 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 at the inlet 
to the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. That is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e, 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and, as necessary, 
adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec.  63.3566.
    (c) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (c)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle and 
the carbon bed temperature after each carbon bed regeneration and 
cooling cycle for the regeneration cycle either immediately preceding 
or immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle, 
and the maximum carbon bed temperature recorded after the cooling 
cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) 
of this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at least once every 15 
minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record

[[Page 2150]]

the average condenser outlet (product side) gas temperature maintained 
during the performance test. This average condenser outlet gas 
temperature is the maximum operating limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.
    (f) Emission capture systems. For each capture device that is not 
part of a PTE that meets the criteria of Sec.  63.3565(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 4 to this subpart.
    (1) During the capture efficiency determination required by Sec.  
63.3560 and described in Sec. Sec.  63.3564 and 63.3565, 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.  63.3568  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section 
according to paragraphs (a)(1) through (6) of this section. You must 
install, operate, and maintain each CPMS specified in paragraphs (b) 
and (d) of this section according to paragraphs (a)(3) through (5) of 
this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for 
each successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, 
and validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that a controlled 
coating operation is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities (including, if applicable, calibration checks and required 
zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out of control periods, or required quality 
assurance or control activities when calculating data averages. You 
must use all the data collected during all other periods in calculating 
the data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out of control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must 
be recorded as well as every time the flow direction is changed. The 
flow control position indicator must be installed at the entrance to 
any bypass line that could divert the emissions away from the add-on 
control device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass 
line valve in the closed position with a car-seal or a lock-and-key 
type configuration. You must visually inspect the seal or closure 
mechanism at least once every month to ensure that the valve is 
maintained in the closed position and the emissions are not diverted 
away from the add-on control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve 
is in the closed (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 shut down the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec.  63.3520.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section.

[[Page 2151]]

    (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.  63.3567(b)(1) and (2), 
also install a gas temperature monitor in the gas stream immediately 
after the catalyst bed.
    (i) If you establish operating limits according to Sec.  
63.3567(b)(1) and (2), then you must install the gas temperature 
monitors both upstream and downstream of the catalyst bed. The 
temperature monitors must be in the gas stream immediately before and 
after the catalyst bed to measure the temperature difference across the 
bed.
    (ii) If you establish operating limits according to Sec.  
63.3567(b)(3) and (4), then you must install a gas temperature monitor 
upstream of the catalyst bed. The temperature monitor must be in the 
gas stream immediately before the catalyst bed to measure the 
temperature.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of 
this section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 30 degrees Fahrenheit of the process temperature sensor 
reading.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
the carbon bed temperature after each regeneration and cooling cycle, 
and comply with paragraphs (a)(3) through (5) and (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 (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 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 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.

[[Page 2152]]

Compliance Requirements for the Control Efficiency/Outlet Concentration 
Option

Sec.  63.3570  By what date must I conduct performance tests and other 
initial compliance demonstrations?

    (a) New and reconstructed affected sources. For a new or 
reconstructed source, you must meet the requirements of paragraphs 
(a)(1) through (4) of this section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.3483. You must conduct a performance test of 
each capture system and add-on control device according to Sec. Sec.  
63.3574, 63.3575, and 63.3576 and establish the operating limits 
required by Sec.  63.3492 no later than 180 days after the applicable 
compliance date specified in Sec.  63.3483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3493 no later than the compliance date specified 
in Sec.  63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3571. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 and ends on the last day of 
the twelfth month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec.  63.3574, 63.3575, and 63.3576, the 
operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec.  
63.3578, and documentation of whether you developed and implemented the 
work practice plan required by Sec.  63.3493.
    (4) You do not need to comply with the operating limits for the 
emission capture system and add-on control device required by Sec.  
63.3492 until after you have completed the performance tests specified 
in paragraph (a)(1) of this section. Instead, you must maintain a log 
detailing the operation and maintenance of the emission capture system, 
add-on control device, and continuous parameter monitors during the 
period between the compliance date and the performance test. You must 
begin complying with the operating limits on the date you complete the 
performance tests specified in paragraph (a)(1) of this section.
    (b) Existing affected sources. For an existing affected source, you 
must meet the requirements of paragraphs (b)(1) through (3) of this 
section.
    (1) All emission capture systems, add-on control devices, and CPMS 
must be installed and operating no later than the applicable compliance 
date specified in Sec.  63.3483.
    (2) You must develop and begin implementing the work practice plan 
required by Sec.  63.3493 no later than the compliance date specified 
in Sec.  63.3483.
    (3) You must complete the initial compliance demonstration for the 
initial compliance period according to the requirements of Sec.  
63.3571. The initial compliance period begins on the applicable 
compliance date specified in Sec.  63.3483 and ends on the last day of 
the twelfth month following the compliance date. If the compliance date 
occurs on any day other than the first day of a month, then the initial 
compliance period extends through the end of that month plus the next 
12 months. The initial compliance demonstration includes the results of 
emission capture system and add-on control device performance tests 
conducted according to Sec. Sec.  63.3574, 63.3575, and 63.3576, the 
operating limits established during the performance tests and the 
results of the continuous parameter monitoring required by Sec.  
63.3578, and documentation of whether you developed and implemented the 
work practice plan required by Sec.  63.3493.

Sec.  63.3571  How do I demonstrate initial compliance?

    (a) You may use the control efficiency/outlet concentration option 
for any coating operation, for any group of coating operations within a 
subcategory or coating type segment, or for all of the coating 
operations within a subcategory or coating type segment. You must use 
the compliant material option, the emission rate without add-on 
controls option, or the emission rate with add-on controls option for 
any coating operation in the affected source for which you do not use 
the control efficiency/outlet concentration option. To demonstrate 
initial compliance, the coating operation(s) for which you use the 
control efficiency/outlet concentration option must meet the applicable 
levels of emission reduction in Sec.  63.3490. You must conduct a 
separate initial compliance demonstration for each one and two-piece 
draw and iron can body coating, sheet coating, three-piece can body 
assembly coating, and end lining affected source.
    (b) Compliance with operating limits. You must establish and 
demonstrate continuous compliance during the initial compliance period 
with the operating limits required by Sec.  63.3492, using the 
procedures specified in Sec. Sec.  63.3577 and 63.3578.
    (c) Compliance with work practice requirements. You must develop, 
implement, and document your implementation of the work practice plan 
required by Sec.  63.3493 during the initial compliance period, as 
specified in Sec.  63.3530.
    (d) Compliance demonstration. To demonstrate initial compliance, 
you must keep all records applicable to the control efficiency/outlet 
concentration option as required by Sec. Sec.  63.3530 and 63.3531. As 
part of the Notification of Compliance Status required by Sec.  
63.3510, you must identify the coating operation(s) for which you used 
the control efficiency/outlet concentration 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 achieved the operating limits required by Sec.  63.3492 and the 
work practice standards required by Sec.  63.3493.

Sec.  63.3572  [Reserved]

Sec.  63.3573  How do I demonstrate continuous compliance with the 
emission limitations?

    (a) To demonstrate continuous compliance with the emission 
limitations using the control efficiency/outlet concentration option, 
the organic HAP emission rate for each compliance period must be equal 
to or less than 20 ppmvd or must be reduced by the amounts specified in 
Sec.  63.3490. A compliance period consists of 12 months. Each month 
after the end of the initial compliance period described in Sec.  
63.3570 is the end of a compliance period consisting of that month and 
the preceding 11 months.
    (b) You must demonstrate continuous compliance with each operating 
limit required by Sec.  63.3492 that applies to you, as specified in 
Table 4 to this subpart. If an operating parameter is out of the 
allowed range specified in Table 4 to this subpart, this is a deviation 
from the operating limit that must be reported as specified in 
Sec. Sec.  63.3510(b)(6) and 63.3520(a)(7).
    (c) You must meet the requirements for bypass lines in Sec.  
63.3578(b) for controlled coating operations for which you do not 
conduct liquid-liquid material balances. If any bypass line is opened 
and emissions are diverted to the atmosphere when the coating

[[Page 2153]]

operation is running, this is a deviation that must be reported as 
specified in Sec. Sec.  63.3510(b)(6) and 63.3520(a)(7).
    (d) You must demonstrate continuous compliance with the work 
practice standards in Sec.  63.3493. 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.  63.3530(k)(8), this is a deviation from the 
work practice standards that must be reported as specified in 
Sec. Sec.  63.3510(b)(6) and 63.3520(a)(7).
    (e) As part of each semiannual compliance report required in Sec.  
63.3520, you must identify the coating operation(s) for which you used 
the control efficiency/outlet concentration option. If there were no 
deviations from the operating limits or work practice standards, 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 20 ppmvd or was reduced by the 
amount specified in Sec.  63.3490 and you achieved the work practice 
standards required by Sec.  63.3493 during each compliance period.
    (f) During periods of startup, shutdown, or malfunctions 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.  63.3500(c).
    (g) Consistent with Sec. Sec.  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 you identify as 
a startup, shutdown, or malfunction are violations, according to the 
provisions in Sec.  63.6(e).
    (h) You must maintain records applicable to the control efficiency/
outlet concentration option as specified in Sec. Sec.  63.3530 and 
63.3531.

Sec.  63.3574  What are the general requirements for performance tests?

    (a) You must conduct each performance test required by Sec.  
63.3570 according to the requirements of 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 operating conditions. You must conduct 
the performance test under representative operating conditions for the 
coating operation(s). Operations during periods of startup, shutdown, 
or malfunction and during periods of nonoperation do not constitute 
representative conditions. You must record the process information that 
is necessary to document operating conditions during the test and 
explain why the conditions represent normal operation.
    (2) Representative emission capture system and add-on control 
device operating conditions. You must conduct the performance test when 
the emission capture system and add-on control device are operating at 
a representative flow rate and the add-on control device is operating 
at a representative inlet concentration. You must record information 
that is necessary to document emission capture system and add-on 
control device operating conditions during the test and explain why the 
conditions represent normal operation.
    (b) You must conduct each performance test of an emission capture 
system according to the requirements in Sec.  63.3575. You must conduct 
each performance test of an add-on control device according to the 
requirements in Sec.  63.3576.

Sec.  63.3575  How do I determine the emission capture system 
efficiency?

    The capture efficiency of your emission capture system must be 100 
percent to use the control efficiency/outlet concentration option. You 
may assume the capture system efficiency is 100 percent if both of the 
conditions in paragraphs (a) and (b) of this section are met.
    (a) 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.
    (b) All coatings and thinners used in the coating operation are 
applied within the capture system, and coating solvent flash-off, 
curing, and drying occurs within the capture system. This criterion is 
not met if parts enter the open shop environment when being moved 
between a spray booth and a curing oven.

Sec.  63.3576  How do I determine the add-on control device emission 
destruction or removal efficiency?

    You must use the procedures and test methods in this section to 
determine the add-on control device emission destruction or removal 
efficiency as part of the performance test required by Sec.  63.3570. 
You must conduct three test runs as specified in Sec.  63.7(e)(3) and 
each test run must last at least 1 hour.
    (a) For all types of add-on control devices, use the test methods 
specified in paragraphs (a)(1) through (5) of this section.
    (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as 
appropriate, to select sampling sites and velocity traverse points.
    (2) Use Method 2,2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 
60, as appropriate, to measure gas volumetric flow rate.
    (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as 
appropriate, for gas analysis to determine dry molecular weight. 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 and Exhaust Gas 
Analyses.''
    (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 of appendix A to 40 CFR part 60 if the add-on 
control device is an oxidizer and you expect the total gaseous organic 
concentration as carbon to be more than 50 ppm at the control device 
outlet.
    (2) Use Method 25A of appendix A to 40 CFR part 60 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 of appendix A to 40 CFR part 60 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

[[Page 2154]]

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 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]
TP15JA03.021

Where:

Mf = total gaseous organic emissions mass flow rate, kg/h.
Cc = the concentration of organic compounds as carbon in the 
vent gas, as determined by Method 25 or Method 25A, ppmvd.
Qsd = volumetric flow rate of gases entering or exiting the 
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or 
2G, dry standard cubic meters/hour (dscm/h).
0.0416 = conversion factor for molar volume, kg-moles per cubic meter 
(mol/m \3\) (@ 293 Kelvin (K) and 760 millimeters of mercury (mmHg)).

    (e) For each test run, determine the add-on control device organic 
emissions destruction or removal efficiency, using Equation 2 of this 
section.
[GRAPHIC]
[TIFF OMITTED]
TP15JA03.022

Where:

DRE = organic emissions destruction or removal efficiency of the add-on 
control device, percent.
Mfi = total gaseous organic emissions mass flow rate at the 
inlet(s) to the add-on control device, using Equation 1 of this 
section, kg/h.
Mfo = total gaseous organic emissions mass flow rate at the 
outlet(s) of the add-on control device, using Equation 1 of this 
section, kg/h.

    (f) Determine the emission destruction or removal efficiency of the 
add-on control device as the average of the efficiencies determined in 
the three test runs and calculated in Equation 2 of this section.

Sec.  63.3577  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.  63.3570 and described 
in Sec. Sec.  63.3574, 63.3575, and 63.3576, you must establish the 
operating limits required by Sec.  63.3492 according to this section 
unless you have received approval for alternative monitoring and 
operating limits under Sec.  63.8(f) as specified in Sec.  63.3492.
    (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. That 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. Those are the minimum operating limits for 
your catalytic oxidizer.
    (3) As an alternative to monitoring the temperature difference 
across the catalyst bed, you may monitor the temperature at the inlet 
to the catalyst bed and implement a site-specific inspection and 
maintenance plan for your catalytic oxidizer as specified in paragraph 
(b)(4) of this section. During the performance test, you must monitor 
and record the temperature just before the catalyst bed at least once 
every 15 minutes during each of the three test runs. Use the data 
collected during the performance test to calculate and record the 
average temperature just before the catalyst bed during the performance 
test. This is the minimum operating limit for your catalytic oxidizer.
    (4) You must develop and implement an inspection and maintenance 
plan for your catalytic oxidizer(s) for which you elect to monitor 
according to paragraph (b)(3) of this section. The plan must address, 
at a minimum, the elements specified in paragraphs (b)(4)(i) through 
(iii) of this section.
    (i) Annual sampling and analysis of the catalyst activity (i.e, 
conversion efficiency) following the manufacturer's or catalyst 
supplier's recommended procedures.
    (ii) Monthly inspection of the oxidizer system, including the 
burner assembly and fuel supply lines for problems and, as necessary, 
adjust the equipment to assure proper air-to-fuel mixtures.
    (iii) Annual internal and monthly external visual inspection of the 
catalyst bed to check for channeling, abrasion, and settling. If 
problems are found, you must take corrective action consistent with the 
manufacturer's recommendations and conduct a new performance test to 
determine destruction efficiency according to Sec.  63.3576.
    (c) Carbon adsorbers. If your add-on control device is a carbon 
adsorber, establish the operating limits according to paragraphs (c)(1) 
and (2) of this section.
    (1) You must monitor and record the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
and the carbon bed temperature after each carbon bed regeneration and 
cooling cycle for the regeneration cycle either immediately preceding 
or immediately following the performance test.
    (2) The operating limits for your carbon adsorber are the minimum 
total desorbing gas mass flow recorded during the regeneration cycle 
and the maximum carbon bed temperature recorded after the cooling 
cycle.
    (d) Condensers. If your add-on control device is a condenser, 
establish the operating limits according to paragraphs (d)(1) and (2) 
of this section.
    (1) During the performance test, you must monitor and record the 
condenser outlet (product side) gas temperature at

[[Page 2155]]

least once every 15 minutes during each of the three test runs.
    (2) Use the data collected during the performance test to calculate 
and record the average condenser outlet (product side) gas temperature 
maintained during the performance test. This average condenser outlet 
gas temperature is the maximum operating limit for your condenser.
    (e) Concentrators. If your add-on control device includes a 
concentrator, you must establish operating limits for the concentrator 
according to paragraphs (e)(1) through (4) of this section.
    (1) During the performance test, you must monitor and record the 
desorption concentrate stream gas temperature at least once every 15 
minutes during each of the three runs of the performance test.
    (2) Use the data collected during the performance test to calculate 
and record the average temperature. This is the minimum operating limit 
for the desorption concentrate gas stream temperature.
    (3) During the performance test, you must monitor and record the 
pressure drop of the dilute stream across the concentrator at least 
once every 15 minutes during each of the three runs of the performance 
test.
    (4) Use the data collected during the performance test to calculate 
and record the average pressure drop. This is the maximum operating 
limit for the dilute stream across the concentrator.
    (f) Emission capture systems. For each capture device that is part 
of a PTE that meets the criteria of Sec.  63.3575, the operating limit 
for a PTE is specified in Table 4 to this subpart.

Sec.  63.3578  What are the requirements for continuous parameter 
monitoring system installation, operation, and maintenance?

    (a) General. You must install, operate, and maintain each CPMS 
specified in paragraphs (c), (e), (f), and (g) of this section 
according to paragraphs (a)(1) through (6) of this section. You must 
install, operate, and maintain each CPMS specified in paragraphs (b) 
and (d) of this section according to paragraphs (a)(3) through (5) of 
this section.
    (1) The CPMS must complete a minimum of one cycle of operation for 
each successive 15-minute period. You must have a minimum of four 
equally spaced successive cycles of CPMS operation in 1 hour.
    (2) You must determine the average of all recorded readings for 
each successive 3-hour period of the emission capture system and add-on 
control device operation.
    (3) You must record the results of each inspection, calibration, 
and validation check of the CPMS.
    (4) You must maintain the CPMS at all times and have available 
necessary parts for routine repairs of the monitoring equipment.
    (5) You must operate the CPMS and collect emission capture system 
and add-on control device parameter data at all times that a controlled 
coating operation is operating, except during monitoring malfunctions, 
associated repairs, and required quality assurance or control 
activities (including, if applicable, calibration checks and required 
zero and span adjustments).
    (6) You must not use emission capture system or add-on control 
device parameter data recorded during monitoring malfunctions, 
associated repairs, out of control periods, or required quality 
assurance or control activities when calculating data averages. You 
must use all the data collected during all other periods in calculating 
the data averages for determining compliance with the emission capture 
system and add-on control device operating limits.
    (7) A monitoring malfunction is any sudden, infrequent, not 
reasonably preventable failure of the CPMS to provide valid data. 
Monitoring failures that are caused in part by poor maintenance or 
careless operation are not malfunctions. Any period for which the 
monitoring system is out of control and data are not available for 
required calculations is a deviation from the monitoring requirements.
    (b) Capture system bypass line. You must meet the requirements of 
paragraphs (b)(1) and (2) of this section for each emission capture 
system that contains bypass lines that could divert emissions away from 
the add-on control device to the atmosphere.
    (1) You must monitor or secure the valve or closure mechanism 
controlling the bypass line in a nondiverting position in such a way 
that the valve or closure mechanism cannot be opened without creating a 
record that the valve was opened. The method used to monitor or secure 
the valve or closure mechanism must meet one of the requirements 
specified in paragraphs (b)(1)(i) through (iv) of this section.
    (i) Flow control position indicator. Install, calibrate, maintain, 
and operate according to the manufacturer's specifications a flow 
control position indicator that takes a reading at least once every 15 
minutes and provides a record indicating whether the emissions are 
directed to the add-on control device or diverted from the add-on 
control device. The time of occurrence and flow control position must 
be recorded as well as every time the flow direction is changed. The 
flow control position indicator must be installed at the entrance to 
any bypass line that could divert the emissions away from the add-on 
control device to the atmosphere.
    (ii) Car-seal or lock-and-key valve closures. Secure any bypass 
line valve in the closed position with a car-seal or a lock-and-key 
type configuration. You must visually inspect the seal or closure 
mechanism at least once every month to ensure that the valve is 
maintained in the closed position and the emissions are not diverted 
away from the add-on control device to the atmosphere.
    (iii) Valve closure monitoring. Ensure that any bypass line valve 
is in the closed (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 shut down the coating operation.
    (2) If any bypass line is opened, you must include a description of 
why the bypass line was opened and the length of time it remained open 
in the semiannual compliance reports required in Sec.  63.3520.
    (c) Thermal oxidizers and catalytic oxidizers. If you are using a 
thermal oxidizer or catalytic oxidizer as an add-on control device 
(including those used with concentrators or with carbon adsorbers to 
treat desorbed concentrate streams), you must comply with the 
requirements in paragraphs (c)(1) through (3) of this section.
    (1) For a thermal oxidizer, install a gas temperature monitor in 
the firebox of the thermal oxidizer or in the duct immediately 
downstream of the firebox before any substantial heat exchange occurs.
    (2) For a catalytic oxidizer, install a gas temperature monitor in 
the gas stream immediately before the catalyst bed and if you establish 
operating limits according to Sec.  63.3577(b)(1) and (2), also install 
a gas temperature monitor in the gas stream immediately after the 
catalyst bed.
    (i) If you establish operating limits according to Sec.  
63.3577(b)(1) and (2), then you must install the gas temperature 
monitors both upstream

[[Page 2156]]

and downstream of the catalyst bed. The temperature monitors must be in 
the gas stream immediately before and after the catalyst bed to measure 
the temperature difference across the bed.
    (ii) If you establish operating limits according to Sec.  
63.3577(b)(3) and (4), then you must install a gas temperature monitor 
upstream of the catalyst bed. The temperature monitor must be in the 
gas stream immediately before the catalyst bed to measure the 
temperature.
    (3) For all thermal oxidizers and catalytic oxidizers, you must 
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of 
this section for each gas temperature monitoring device.
    (i) Locate the temperature sensor in a position that provides a 
representative temperature.
    (ii) Use a temperature sensor with a measurement sensitivity of 4 
degrees Fahrenheit or 0.75 percent of the temperature value, whichever 
is larger.
    (iii) Shield the temperature sensor system from electromagnetic 
interference and chemical contaminants.
    (iv) If a gas temperature chart recorder is used, it must have a 
measurement sensitivity in the minor division of at least 20 degrees 
Fahrenheit.
    (v) Perform an electronic calibration at least semiannually 
according to the procedures in the manufacturer's owners manual. 
Following the electronic calibration, you must conduct a temperature 
sensor validation check in which a second or redundant temperature 
sensor placed nearby the process temperature sensor must yield a 
reading within 30 degrees Fahrenheit of the process temperature sensor 
reading.
    (vi) Conduct calibration and validation checks any time the sensor 
exceeds the manufacturer's specified maximum operating temperature 
range or install a new temperature sensor.
    (vii) At least monthly, inspect components for integrity and 
electrical connections for continuity, oxidation, and galvanic 
corrosion.
    (d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing 
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle, 
the carbon bed temperature after each regeneration and cooling cycle, 
and comply with paragraphs (a)(3) through (5) and (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 (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 any time the sensor exceeds the 
manufacturer's specified maximum operating pressure range or install a 
new pressure sensor.
    (vii) At least monthly, inspect components for integrity, 
electrical connections for continuity, and mechanical connections for 
leakage.
    (g) Emission capture systems. The capture system monitoring system 
must comply with the applicable requirements in paragraphs (g)(1) and 
(2) of this section.
    (1) For each flow measurement device, you must meet the 
requirements in 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 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.  63.3580  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 Administrator has delegated authority to your State, local, or 
tribal agency, then that agency, in addition to 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 40 CFR part 63, 
subpart E, the authorities contained in paragraph (c) of this

[[Page 2157]]

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.  63.3493.
    (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.  63.3581  What definitions apply to this subpart?

    Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, 
the General Provisions of this part, and in this section as follows:
    Add-on control means an air pollution control device, such as a 
thermal oxidizer or carbon adsorber, that reduces pollution in an air 
stream by destruction or removal before discharge to the atmosphere.
    Adhesive means any chemical substance that is applied for the 
purpose of bonding two surfaces together.
    Aerosol can means any can into which a pressurized aerosol product 
is packaged.
    Aseptic coating means any coating that must withstand high 
temperature steam, chemicals, or a combination of both used to 
sterilize food cans prior to filling.
    Can body means a formed metal can, excluding the unattached end(s).
    Can end means a can part manufactured from metal substrate equal to 
or thinner than 0.3785 millimeters (mm) (0.0149 inch) for the purpose 
of sealing the ends of can bodies including non-metal or composite can 
bodies.
    Capture device means a hood, enclosure, room, floor sweep, or other 
means of containing or collecting emissions and directing those 
emissions into an add-on air pollution control device.
    Capture efficiency or capture system efficiency means the portion 
(expressed as a percentage) of the pollutants from an emission source 
that is delivered to an add-on control device.
    Capture system means one or more capture devices intended to 
collect emissions generated by a coating operation in the use of 
coatings or cleaning materials, both at the point of application and at 
subsequent points where emissions from the coatings or cleaning 
materials occur, such as flashoff, drying, or curing. As used in this 
subpart, multiple capture devices that collect emissions generated by a 
coating operation are considered a single capture system.
    Cleaning material means a solvent used to remove contaminants and 
other materials such as dirt, grease, oil, and dried or wet coating 
(e.g., depainting) from a substrate before or after coating application 
or from equipment associated with a coating operation, such as spray 
booths, spray guns, racks, tanks, and hangers. Thus, it includes any 
cleaning material used on substrates or equipment or both.
    Coating means a material applied to a substrate for decorative, 
protective, or functional purposes. Such materials include, but are not 
limited to, paints, sealants, caulks, inks, adhesives, and maskants. 
Decorative, protective, or functional materials that consist only of 
protective oils for metal, acids, bases, or any combination of these 
substances are not considered coatings for the purposes of this 
subpart.
    Coating operation means equipment used to apply coating to a metal 
can or end (including decorative tins), or metal crown or closure, and 
to dry or cure the coating after application. A coating operation 
always includes at least the point at which a coating is applied and 
all subsequent points in the affected source where organic HAP 
emissions from that coating occur. There may be multiple coating 
operations in an affected source. Coating application with hand-held 
nonrefillable aerosol containers, touchup markers, or marking pens is 
not a coating operation for the purposes of this subpart.
    Coating solids means the nonvolatile portion of a coating that 
makes up the dry film.
    Continuous parameter monitoring system (CPMS) means the total 
equipment that may be required to meet the data acquisition and 
availability requirements of this subpart, used to sample, condition 
(if applicable), analyze, and provide a record of coating 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.
    Crowns and closures means steel or aluminum coverings such as 
bottle caps and jar lids for containers other than can ends.
    Decorative tin means a single-walled container, designed to be 
covered or uncovered that is manufactured from metal substrate equal to 
or thinner than 0.3785 mm (0.0149 inch) and is normally coated on the 
exterior surface with decorative coatings. Decorative tins may contain 
foods but are not hermetically sealed and are not subject to food 
processing steps such as retort or pasteurization. Interior coatings 
are not applied to protect the metal and contents from chemical 
interaction.
    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, 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, 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.
    Drum means a cylindrical metal container with walls of 29 gauge or 
thicker and a capacity greater than 45.4 liters (12 gal).
    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.
    End lining means the application of end seal compound on can ends 
during end manufacturing.
    End seal compound means the coating applied onto ends of cans that 
functions to seal the end(s) of a can to the can body.
    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).
    Food can means any can manufactured to contain edible products and 
designed to be hermetically sealed. Does not include decorative tins.
    General line can means any can manufactured to contain inedible 
products. Does not include aerosol cans or decorative tins.
    Inside spray means a coating sprayed on the interior of a can body 
to provide a protective film between the can and its contents.
    Manufacturer's formulation data means data on a material (such as a 
coating) that are supplied by the

[[Page 2158]]

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.  63.3541. Manufacturer's 
formulation data may include but are not limited to information on 
density, organic HAP content, volatile organic matter content, and 
coating solids content.
    Mass fraction of organic HAP means the ratio of the mass of organic 
HAP to the mass of a material in which it is contained, expressed as kg 
of organic HAP per kg of material.
    Metal can means a single-walled container manufactured from metal 
substrate equal to or thinner than 0.3785 mm (0.0149 inch).
    Month means a calendar month or a pre-specified period of 28 days 
to 35 days to allow for flexibility in recordkeeping when data are 
based on a business accounting period.
    Non-aseptic coating means any coating that is not subjected to high 
temperature steam, chemicals, or a combination of both to sterilize 
food cans prior to filling.
    One and two-piece draw and iron can means a steel or aluminum can 
manufactured by the draw and iron process. Includes two-piece beverage 
cans, two-piece food cans, and one-piece aerosol cans.
    One-piece aerosol can means an aerosol can formed by the draw and 
iron process to which no ends are attached and a valve is placed 
directly on top.
    Organic HAP content means the mass of organic HAP per volume of 
coating solids for a coating, calculated using Equation 1 of Sec.  
63.3541. 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.
    Pail means a cylindrical or rectangular metal container with walls 
of 29 gauge or thicker and a capacity of 7.6 to 45.4 liters (2 to 12 
gal) (i.e., bucket).
    Permanent total enclosure (PTE) means a permanently installed 
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR 
part 51, for a PTE and that directs all the exhaust gases from the 
enclosure to an add-on control device.
    Protective oil means an organic material that is applied to metal 
for the purpose of providing lubrication or protection from corrosion 
without forming a solid film. This definition of protective oil 
includes, but is not limited to, lubricating oils, evaporative oils 
(including those that evaporate completely), and extrusion oils.
    Research or laboratory facility means a facility whose primary 
purpose is for research and development of new processes and products 
that is conducted under the close supervision of technically trained 
personnel and is not engaged in the manufacture of final or 
intermediate products for commercial purposes, except in a de minimis 
manner.
    Responsible official means responsible official as defined in 40 
CFR 70.2.
    Sheetcoating means a can manufacturing coating process that 
involves coating of flat metal sheets before they are formed into cans.
    Side seam stripe means a coating applied to the interior and/or 
exterior of the welded or soldered seam of a three-piece can body to 
protect the exposed metal.
    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. That includes use of a cleaning material to 
remove dried coating which is sometimes called ``depainting.''
    Temporary total enclosure (TTE) 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.
    Three-piece aerosol can means a steel aerosol can formed by the 
three-piece can assembly process manufactured to contain food or non-
food products.
    Three-piece can assembly means the process of forming a flat metal 
sheet into a shaped can body which may include the processes of 
necking, flanging, beading, and seaming and application of a side seam 
stripe and/or an inside spray coating.
    Three-piece food can means a steel can formed by the three-piece 
can assembly process manufactured to contain edible products and 
designed to be hermetically sealed.
    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.
    Two-piece beverage can means a two-piece draw and iron can 
manufactured to contain drinkable liquids such as beer, soft drinks, or 
fruit juices.
    Two-piece food can means a steel or aluminum can manufactured by 
the draw and iron process and designed to contain edible products other 
than beverages and to be hermetically sealed.
    Uncontrolled coating operation means a coating operation from which 
none of the organic HAP emissions are routed through an emission 
capture system and add-on control device.
    Volatile organic compound (VOC) means any compound defined as VOC 
in 40 CFR 51.100(s).
    Volume fraction of coating solids means the ratio of the volume of 
coating solids (also known as volume of nonvolatiles) to the volume of 
coating; liters of coating solids per liter of coating.
    Wastewater means water that is generated in a coating operation and 
is collected, stored, or treated prior to being discarded or 
discharged.

Tables to Subpart KKKK of Part 63

    You must comply with the emission limits that apply to your 
affected source in the following table as required by Sec.  63.3490(a) 
through (c).

[[Page 2159]]

     Table 1 to Subpart KKKK of Part 63--Emission Limits for New or
                     Reconstructed Affected Sources
------------------------------------------------------------------------
                                                          you must  meet
                                                           the following
                                                            organic HAP
 If you apply surface coatings to       then for all      emission limit
 metal cans or metal can parts in     coatings of this      in kg/liter
      this subcategory . . .             type . . .         solids (lbs
                                                              HAP/gal
                                                           solids): \a\
------------------------------------------------------------------------
1. One and two-piece draw and iron  a. Two-piece             0.04 (0.31)
 can body coating.                   beverage cans--all
                                     coatings.
                                    b. Two-piece food        0.06 (0.50)
                                     cans--all coatings.
                                    c. One-piece aerosol     0.08 (0.65)
                                     cans--all coatings.
2. Sheetcoating...................  Sheetcoating........     0.02 (0.17)
3. Three-piece can assembly.......  a. Inside spray.....     0.12 (1.03)
                                    b. Aseptic side seam    1.48 (12.37)
                                     stripes on food         0.72 (5.96)
                                     cans.                   1.18 (9.84)
                                    c. Non-aseptic side     1.46 (12.14)
                                     seam stripes on
                                     food cans.
                                    d. Side seam stripes
                                     on general line non-
                                     food cans.
                                    e. Side seam stripes
                                     on aerosol cans.
4. End lining.....................  a. Aseptic end seal      0.06 (0.54)
                                     compounds.             0.00 (0.00)
                                    b. Non-aseptic end
                                     seal compounds.
------------------------------------------------------------------------
\a\ If you apply surface coatings of more than one type within any one
  subcategory you may calculate an OSEL according to Sec.   63.3551(i).

    You must comply with the emission limits that apply to your 
affected source in the following table as required by Sec.  63.3490(a) 
through (c).

    Table 2 to Subpart KKKK of Part 63.--Emission Limits for Existing
                            Affected Sources
------------------------------------------------------------------------
                                                           you must meet
                                                           the following
                                                            organic HAP
 If you apply surface coatings to       then for all      emission limit
 metal cans or metal can parts in     coatings of this      in kg HAP/
      this subcategory . . .             type . . .        liter solids
                                                           (lbs HAP/gal
                                                            solids): a
------------------------------------------------------------------------
1. One and two-piece draw and iron  a. Two-piece             0.07 (0.59)
 can body coating.                   beverage cans--all
                                     coatings.
                                    b. Two-piece food        0.06 (0.51)
                                     cans--all coatings.
                                    c. One-piece aerosol     0.12 (0.99)
                                     cans--all coatings.
2. Sheetcoating...................  Sheetcoating........     0.03 (0.26)
3. Three-piece can assembly.......  a. Inside spray.....     0.29 (2.43)
                                    b. Aseptic side seam    1.94 (16.16)
                                     stripes on food
                                     cans.
                                    c. Non-aseptic side      0.79 (6.57)
                                     seam stripes on
                                     food cans.
                                    d. Side seam stripes     1.18 (9.84)
                                     on general line non-
                                     food cans.
                                    e. Side seam stripes    1.46 (12.14)
                                     on aerosol cans.
4. End lining.....................  a. Aseptic end seal      0.06 (0.54)
                                     compounds.
                                    b. Non-aseptic end      0.00 (0.00)
                                     seal compounds.
------------------------------------------------------------------------
a If you apply surface coatings of more than one type within any one
  subcategory you may calculate an OSEL according to Sec.   63.3551(i).

    You must comply with the emission limits that apply to your 
affected source in the following table as required by Sec.  63.3490(d).

    Table 3 to Subpart KKKK of Part 63.--Emission Limits for Affected
  Sources Using the Control Efficiency/Outlet Concentration Compliance
                                 Option
------------------------------------------------------------------------
   If you use the control efficiency/     then you must comply with one
 outlet concentration option to comply     of the following by using an
 with the emission limitations for any   emissions control system to . .
       coating operation(s) . . .                       .
------------------------------------------------------------------------
1. in a new or reconstructed affected    a. reduce emissions of total
 source.                                  HAP, measured as THC (as
                                          carbon),\a\ by 97 percent; or
                                         b. limit emissions of total
                                          HAP, measured as THC (as
                                          carbon) \a\ to 20 ppmvd at the
                                          control device outlet and use
                                          a PTE.
2. in an existing affected source......  a. reduce emissions of total
                                          HAP, measured as THC (as
                                          carbon),\a\ by 95 percent; or
                                         b. limit emissions of total
                                          HAP, measured as THC (as
                                          carbon) \a\ to 20 ppmvd at the
                                          control device outlet and use
                                          a PTE.
------------------------------------------------------------------------
\a\ You may choose to subtract methane from THC as carbon measurements.

    If you are required to comply with operating limits by Sec.  
63.3492, you must comply with the applicable operating limits in the 
following table.

[[Page 2160]]

   Table 4 to Subpart KKKK of Part 63.--Operating Limits if Using the
  Emission Rate With Add-on Controls Option or the Control Efficiency/
                 Outlet Concentration Compliance Option
------------------------------------------------------------------------
                                                        and you must
                                                         demonstrate
For the following device . .    You must meet the        continuous
              .                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    63.3568(c) or Sec.
                               combustion             63.3578(c);
                               temperature limit    ii. reducing the
                               established           data to 3-hour
                               according to Sec.     block averages; and
                               63.3567(a) or Sec.   iii. maintaining the
                                63.3577(a).          3-hour average
                                                     combustion
                                                     temperature at or
                                                     above the
                                                     temperature limit.
 2. catalytic oxidizer......  a. the average        i. collecting the
                               temperature           temperature data
                               measured just         according to Sec.
                               before the catalyst   63.3568(c) or Sec.
                               bed in any 3-hour      6.3578(c);
                               period must not      ii. reducing the
                               fall below the        data to 3-hour
                               limit established     block averages; and
                               according to Sec.    iii. maintaining the
                               63.3567(b) or Sec.    3-hour average
                                63.3577(b); and      temperature before
                               either.               the catalyst bed at
                                                     or above the
                                                     temperature limit.
                              b. ensure that the    i. collecting the
                               average temperature   temperature data
                               difference across     according to Sec.
                               the catalyst bed in   63.3568(c) or Sec.
                               any 3-hour period      63.3578(c);
                               does not fall below  ii. reducing the
                               the temperature       data to 3-hour
                               difference limit      block averages; and
                               established          iii. maintaining the
                               according to Sec.     3-hour average
                               63.3567(b)(2) or      temperature
                               Sec.                  difference at or
                               63.3577(b)(2); or.    above the
                                                     temperature
                                                     difference limit.
                              c. develop and        maintaining an up-to-
                               implement an          date inspection
                               inspection and        plan, records of
                               maintenance plan      annual catalyst
                               according to Sec.     activity checks,
                               63.3567(b) (3) and    records of monthly
                               (4) or Sec.           inspections of the
                               63.3577(b) (3) and    oxidizer system,
                               (4).                  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.
                                                     63.3567(b) (3) and
                                                     (4) or Sec.
                                                     63.3577(b) (3) and
                                                     (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             63.3568(d) or Sec.
                               regeneration           63.3578(d); and
                               desorbing gas mass   ii. maintaining the
                               flow limit            total regeneration
                               established           desorbing gas mass
                               according to Sec.     flow at or above
                               63.3567(c) or Sec.    the mass flow
                                63.3577(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       63.3568(d) or Sec.
                               limit established      63.3578(d); and
                               according to Sec.    ii. operating the
                               63.3567(c) or Sec.    carbon beds such
                                63.3577(c).          that each carbon
                                                     bed is not returned
                                                     to service until
                                                     completing each
                                                     regeneration and
                                                     any cooling cycle
                                                     until the recorded
                                                     temperature of the
                                                     carbon bed is at or
                                                     below the
                                                     temperature limit.
4. condenser................  a. the average        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        63.3568(e) or Sec.
                               temperature limit      63.3578(e);
                               established          ii. reducing the
                               according to Sec.     data to 3-hour
                               63.3567(d) or Sec.    block averages; and
                                63.3577(d).         iii. maintaining the
                                                     3-hour average gas
                                                     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 Sec.
                               concentrate stream    63.3568(f) or Sec.
                               in any 3-hour          63.3578(f);
                               period must not      ii. Reducing the
                               fall below the        data to 3-hour
                               limit established     block averages; and
                               according to Sec.    iii. Maintaining the
                               63.3567(e) or Sec.    3-hour average
                                63.3577(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 Sec.
                               across the            63.3568(f) or Sec.
                               concentrator in any    63.3578(f);
                               3-hour period must   ii. reducing the
                               not fall below the    pressure drop data
                               limit established     to 3-hour block
                               according to Sec.     averages; and
                               63.3567(e) or Sec.   iii. maintaining the
                                63.3577(e).          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.   63.3565(a) or Sec.     times must be into    flow, and either
 63.3575(a).                   the enclosure; and    the facial velocity
                               either.               of air through all
                                                     natural draft
                                                     openings according
                                                     to Sec.
                                                     63.3568(g)(1) or
                                                     Sec.
                                                     63.3578(g)(1) or
                                                     the pressure drop
                                                     across the
                                                     enclosure according
                                                     to Sec.
                                                     63.3568(g)(2) or
                                                     Sec.
                                                     63.3578(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 items 6.a. i and
                               facial velocity of    ii.
                               air through all
                               natural draft
                               openings in the
                               enclosure must be
                               at least 200 feet
                               per minute; or.

[[Page 2161]]

                              c. the pressure drop  see items 6.a. i and
                               across the            ii.
                               enclosure must be
                               at least 0.007 inch
                               H2O, as established
                               in Method 204 of
                               appendix M to 40
                               CFR part 51.
 7. emission capture system   a. the average gas    i. collecting the
 that is not a PTE according   volumetric flow       gas volumetric flow
 to Sec.   63.3565(a) or       rate or duct static   rate or duct static
 Sec.   63.3575(a).            pressure in each      pressure for each
                               duct between a        capture device
                               capture device and    according to Sec.
                               add-on control        63.3568(g) or Sec.
                               device inlet in any    63.3578(g);
                               3-hour period must   ii. reducing the
                               not fall below the    data to 3-hour
                               average volumetric    block averages; and
                               flow rate or duct    iii. maintaining the
                               static pressure       3-hour average gas
                               limit established     volumetric flow
                               for that capture      rate or duct static
                               device according to   pressure for each
                               Sec.   63.3567(f)     capture device at
                               Sec.   63.3577(f).    or above the gas
                                                     volumetric flow
                                                     rate or duct static
                                                     pressure limit.
------------------------------------------------------------------------

    You must comply with the applicable General Provisions requirements 
according to the following table.

            Table 5 to Subpart KKKK of Part 63.--Applicability of General Provisions to Subpart KKKK
----------------------------------------------------------------------------------------------------------------
                                                                 Applicable to subpart
               Citation                        Subject                    KKKK                 Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(14)...............  General Applicability..  Yes....................
Sec.   63.1(b)(1)-(3)................  Initial Applicability    Yes....................  Applicability to
                                        Determination.                                    subpart KKKK is also
                                                                                          specified in Sec.
                                                                                          63.3481.
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.                                          KKKK.
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.
                                                                                           63.3581.
Sec.   63.3(a)-(c)...................  Units and Abbreviations  Yes....................
Sec.   63.4(a)(1)-(5)................  Prohibited Activities..  Yes....................
Sec.   63.4(b)-(c)...................  Circumvention/           Yes....................
                                        Severability.
Sec.   63.5(a).......................  Construction/            Yes....................
                                        Reconstruction.
Sec.   63.5(b)(1)-(6)................  Requirements for         Yes....................
                                        Existing, Newly
                                        Constructed, and
                                        Reconstructed Sources.
Sec.   63.5(d).......................  Application for          Yes....................
                                        Approval of
                                        Construction/
                                        Reconstruction.
Sec.   63.5(e).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction.
Sec.   63.5(f).......................  Approval of              Yes....................
                                        Construction/
                                        Reconstruction Based
                                        on Prior State Review.
Sec.   63.6(a).......................  Compliance With          Yes....................
                                        Standards and
                                        Maintenance
                                        Requirements--Applicab
                                        ility.
Sec.   63.6(b)(1)-(7)................  Compliance Dates for     Yes....................  Section 63.3483
                                        New and Reconstructed                             specifies the
                                        Sources.                                          compliance dates.
Sec.   63.6(c)(1)-(5)................  Compliance Dates for     Yes....................  Section 63.3483
                                        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 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 KKKK 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....................

[[Page 2162]]

Sec.   63.6(j).......................  Presidential Compliance  Yes....................
                                        Exemption.
Sec.   63.7(a)(1)....................  Performance Test         Yes....................  Applies to all affected
                                        Requirements--Applicab                            sources. Additional
                                        ility.                                            requirements for
                                                                                          performance testing
                                                                                          are specified in Sec.
                                                                                          Sec.   63.3564,
                                                                                          63.3565, 63.3566, ,
                                                                                          63.3575, and 63.3576.
Sec.   63.7(a)(2)....................  Performance Test         Yes....................  Applies only to
                                        Requirements--Dates.                              performance tests for
                                                                                          capture system and
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Sections 63.3560 and
                                                                                          63.3570 specify 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--Notifica                            performance tests for
                                        tion, 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 standards.
Sec.   63.7(f).......................  Performance Test         Yes....................  Applies to all test
                                        Requirementsk--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 standards.
Sec.   63.8(a)(1)-(3)................  Monitoring               Yes....................  Applies only to
                                        Requirements--Applicab                            monitoring of capture
                                        ility.                                            system and add-on
                                                                                          control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for
                                                                                          monitoring are
                                                                                          specified in Sec.
                                                                                          Sec.   63.3568 and
                                                                                          63.3578.
Sec.   63.8(a)(4)....................  Additional Monitoring    No.....................  Subpart KKKK 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
                                        System (CMS)                                      monitoring of capture
                                        Operataion and                                    system and add-on
                                        Maintenance.                                      control device
                                                                                          efficiency at sources
                                                                                          using these to comply
                                                                                          with the standards.
                                                                                          Additional
                                                                                          requirements for CMS
                                                                                          operations and
                                                                                          maintenance are
                                                                                          specified in Sec.
                                                                                          Sec.   63.3568 and
                                                                                          63.3578.
Sec.   63.8(c)(4)....................  CMS....................  No.....................  Sections 63.3568 and
                                                                                          63.3578 specify 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 KKKK does not
                                                                                          have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.8(c)(6)....................  CMS Requirements.......  No.....................  Sections 63.3568 and
                                                                                          63.3578 specify 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 63.3520
                                        Period Reporting.                                 requires reporting of
                                                                                          CMS out of control
                                                                                          periods.

[[Page 2163]]


Sec.   63.8(d)-(e)...................  Quality Control Program  Yes....................  Applies only to sources
                                        and CMS Performance                               using the outlet
                                        Evaluation.                                       concentration limit
                                                                                          option to comply with
                                                                                          the standards.
Sec.   63.8(f)(1)-(5)................  Use of an Alternative    Yes....................
                                        Monitoring Method.
Sec.   63.8(f)(6)....................  Alternative to Relative  Yes....................  Applies only to sources
                                        Accuracy Test.                                    using the outlet
                                                                                          concentration limit
                                                                                          option to comply with
                                                                                          the standards.
Sec.   63.8(g)(1)-(5)................  Data Reduction.........  No.....................  Sec.  Sec.   63.3563,
                                                                                          63.3568, 63.3573 and
                                                                                          63.3578 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
                                                                                          standards.
Sec.   63.9(f).......................  Notification of Visible  No.....................  Subpart KKKK does not
                                        Emissions/Opacity Test.                           have opacity or
                                                                                          visible emission
                                                                                          standards.
Sec.   63.9(g)(1)-(3)................  Additional               Yes....................  Applies only to sources
                                        Notifications When                                using the outlet
                                        Using CMS.                                        concentration limit
                                                                                          option to comply with
                                                                                          the standards.
Sec.   63.9(h).......................  Notification of          Yes....................  Section 63.3510
                                        Compliance Status.                                specifies the dates
                                                                                          for submitting the
                                                                                          notification of
                                                                                          compliance status.
Sec.   63.9(i).......................  Adjustment of Submittal  Yes....................
                                        Deadlines.
Sec.   63.9(j).......................  Change in Previous       Yes....................
                                        Information.
Sec.   63.10(a)......................  Recordkeeping/           Yes....................
                                        Reporting--Applicabili
                                        ty and General
                                        Information.
Sec.   63.10(b)(1)...................  General Recordkeeping    Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                          Sec.   63.3530 and
                                                                                          63.3531.
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
                                                                                          standards.
Sec.   63.10(b)(2)(vi)-(xi)..........  .......................  Yes....................
Sec.   63.10(b)(2)(xii)..............  Records................  Yes....................
Sec.   63.10(b)(2)(xiii).............  .......................  Yes....................  Applies only to sources
                                                                                          using the outlet
                                                                                          concentration limit
                                                                                          option to comply with
                                                                                          the standards.
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.
                                                                                          63.3520(a)(7).
Sec.   63.10(c)(9)-(15)..............  .......................  Yes....................
Sec.   63.10(d)(1)...................  General Reporting        Yes....................  Additional requirements
                                        Requirements.                                     are specified in Sec.
                                                                                           63.3520.
Sec.   63.10(d)(2)...................  Report of Performance    Yes....................  Additional requirements
                                        Test Results.                                     are specified in Sec.
                                                                                           63.3520(b).
Sec.   63.10(d)(3)...................  Reporting Opacity        No.....................  Subpart KKKK does or
                                        Visible Emissions                                 not 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
                                                                                          standards.
Sec.   63.10(e)(1)-(2)...............  Additional CMS Reports.  Yes....................  Applies only to sources
                                                                                          using the outlet
                                                                                          concentration limit
                                                                                          option to comply with
                                                                                          the standards.
Sec.   63.10(e)(3)...................  Excess Emissions/CMS     No.....................  Section 63.3520(b)
                                        Performance Reports.                              specifies the contents
                                                                                          of periodic compliance
                                                                                          reports.

[[Page 2164]]

Sec.   63.10(e)(4)...................  COMS Data Reports......  No.....................  Subpart KKKK does not
                                                                                          specify requirements
                                                                                          for opacity or COMS.
Sec.   63.10(f)......................  Recordkeeping/Reporting  Yes....................
                                        Waiver.
Sec.   63.11.........................  Control Device           No.....................  Subpart KKKK 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.
----------------------------------------------------------------------------------------------------------------

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

     Table 6 to Subpart KKKK of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
----------------------------------------------------------------------------------------------------------------
                                                                  Average organic HAP      Typical organic HAP,
        Solvent/solvent blend                  CAS. No.              mass fraction           percent by 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.
 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.
----------------------------------------------------------------------------------------------------------------

    You may use the mass fraction values in the following table for 
solvent blends for which you do not have test data or manufacturer's 
formulation data.

 Table 7 to Subpart KKKK of Part 63.--Default Organic HAP Mass Fraction
                     for Petroleum Solvent Groups a
------------------------------------------------------------------------
                                                        Typical Organic
          Solvent type              Average organic     HAP percent by
                                  HAP, mass fraction         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 6 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. 03-87 Filed 1-14-03; 8:45 am]
BILLING CODE 6560-50-P 

 
 


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