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

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

[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Rules and Regulations]
[Page 28605-28646]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-22]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2002-0048--FRL-7462-1]
RIN 2060-AG55

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

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

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SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for new and existing metal furniture
surface coating operations located at major sources of hazardous air
pollutant (HAP) emissions. The final standards implement section 112(d)
of the Clean Air Act (CAA) which requires the Administrator to regulate
emissions of HAP listed in section 112(b) of the CAA. The intent of the
standards is to protect public health and the environment by requiring
new and existing major sources to control emissions to the level
attainable by implementing the maximum achievable control technology
(MACT). The final standards will eliminate approximately 73 percent of
nationwide HAP emissions from major sources that coat metal furniture.
Metal furniture surface coating operations emit HAP such as xylene,
toluene, ethylene glycol monobutyl ether and other glycol ethers,
ethylbenzene, and methyl ethyl ketone. Health effects associated with
these pollutants include eye, nose, throat, and skin irritation;
nausea, vomiting, headache, and dizziness; and liver and kidney damage.
We do not have the type of current detailed data on each of the
facilities covered by the final rule and the people living around the
facilities that would be necessary to conduct an analysis to determine
the actual population exposures to the HAP emitted from these
facilities and potential for resultant health effects. Therefore, we do
not know the extent to which the adverse health effects described above
occur in the populations surrounding these facilities. However, to the
extent the adverse effects do occur, the final rule will reduce
emissions and subsequent exposures.

EFFECTIVE DATE: May 23, 2003. The incorporation by reference of certain
publications listed in today's final rule is approved by the Director
of the Federal Register as of May 23, 2003.

ADDRESSES: Docket. Docket ID No. OAR-2002-0048 (formerly Docket No. A-
97-40) is located at the EPA Docket Center, EPA West, U.S. EPA (6102T),
1301 Constitution Avenue, NW, Room B-102, Washington, DC 20460.
Background Information Document. A background information document
(BID) for the promulgated NESHAP may be obtained from the docket; the
U.S. EPA Library (C267-01), Research Triangle Park, NC 27711, telephone
(919) 541-2777; or from the National Technical Information Service,
5285 Port Royal Road, Springfield, Virginia 22161, telephone (703) 487-
4650. Refer to ``National Emission Standards for Hazardous Air
Pollutants (NESHAP): Surface Coating of Metal Furniture-Summary of
Public Comments and Responses on Proposed Rule'' (EPA-453/R-03-002).
The promulgation BID contains a summary of changes made to the
standards since proposal, public comments made on the proposed
standards, and EPA responses to the comments.

FOR FURTHER INFORMATION CONTACT: Dr. Mohamed Serageldin, Coating and
Consumer Products Group (C539-03), Emission Standards Division, U.S.
EPA, Research Triangle Park, NC 27711, telephone number (919) 541-2379,
facsimile number (919) 541-5689, electronic mail (e-mail) address:
serageldin.mohamed@epa.gov.

SUPPLEMENTARY INFORMATION: Regulated Entities. Categories and entities
potentially regulated by this action include those listed on the
following table. This table is not intended to be exhaustive, but is
just a guide to entities likely to be regulated by the standards. It
lists the types of entities that may be regulated, but you should
examine the applicability criteria in Sec. Sec. 63.4881 and 63.4882 of
the rule to decide whether your facility is regulated by the standards.

Categories and Entities Potentially Regulated by the Standards
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NAICS
Product description code(s) NAICS Product Description
------------------------------------------------------------------------
Metal Household Furniture......... 337124 Metal Household Furniture
Manufacturing.
Office Furniture, Except Wood..... 337214 Nonwood Office Furniture
Manufacturing.
Public Building and Related 337127 Institutional Furniture
Furniture. Manufacturing.
Office and Store Fixtures, 337215 Showcase, Partition,
Partitions, Shelving, and Shelving, and Locker
Lockers, Except Wood. Manufacturing.
Furniture and Fixtures, Not 337127 Institutional Furniture
Classified Elsehwere. Manufacturing.
Hardware, Not Classified Elsewhere 332951 Hardware Manufacturing.
Metal Stampings, Not Classified 332116 Metal Stamping.
Elsewhere (Except Kitchen
Utensils, Pots and Pans for
Cooking, and Coins).
Wire Springs...................... 332612 Wire Spring
Manufacturing.
Fabricated Metal Products, Not 337215 Showcase, Partition,
Classified Elsewhere. Shelving, and Locker
Manufacturing.
Residential Electric Lighting 335121 Residential Electric
Fixtures. Lighting Fixture
Manufacturing.
Commercial, Industrial, and 335122 Commercial, Industrial,
Institutional Electric Lighting and Institutional
Fixtures. Electric Lighting
Fixture Manufacturing.
Laboratory Apparatus and Furniture 339111 Laboratory Furniture
Manufacturing.
Dental Equipment and Supplies..... 339114 Dental Equipment
Manufacturing.
Manufacturing Industries, Not 337127 Institutional Furniture
Classified Elsewhere. Manufacturing.
Reupholstery and Furniture Repair. 81142 Reupholstery and
Furniture Repair.
State/Federal Governmental ......... State/Federal
Agencies. correctional
institutions that apply
coatings to metal
furniture.
------------------------------------------------------------------------

Docket. The EPA has established an official public docket for this
action under Docket ID No. OAR-2002-0048 (formerly Docket No. A-97-40).
The official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the

[[Page 28607]]

official docket, the public docket does not include Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. The official public docket is the collection of
materials that is available for public viewing at the EPA Docket
Center, EPA West, Room B-102, 1301 Constitution Avenue, NW.,
Washington, DC 20460. The Docket Center is open from 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding legal holidays. The telephone
number for the Reading Room is (202) 566-1744, and the telephone number
for the Docket is (202) 566-1742. A reasonable fee may be charged for
copying docket materials.
Electronic Access. You may access this Federal Register document
electronically through the EPA Internet under the Federal Register
listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.regulations.gov/ to view public comments,
access the index listing of the contents of the official public docket,
and to access those documents in the public docket that are available
electronically. Although not all docket materials may be available
electronically, you may still access any of the publicly available
docket materials through the docket facility identified above. Once in
the system, select ``search,'' then key in the appropriate docket
identification number.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of today's final rule will also be available on the
WWW through EPA's Technology Transfer Network (TTN). Following
signature by the EPA Administrator, a copy of the 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.
Judicial Review. Under section 307(b) of the CAA, judicial review
of the final rule is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
by July 22, 2003. Under section 307(d)(7)(B) of the CAA, only an
objection to the rule which was raised with reasonable specificity
during the period for public comment can be raised during judicial
review. Moreover, under section 307(b)(2) of the CAA, the requirements
established by today's final action may not be challenged separately in
any civil or criminal proceeding we bring to enforce these
requirements.
Outline. The information presented in this preamble is organized as
follows:

I. Background
A. What Is the Source of Authority for Development of NESHAP?
B. What Criteria Do We Use in the Development of NESHAP?
II. What Changes and Clarifications Have We Made to the Proposed
Standards?
A. Overlap With Other NESHAP Source Categories
B. MACT Floors and Emission Limits
C. Military Coatings
D. Compliance During Periods of Startup, Shutdown, and
Malfunction
E. Monitoring
F. Title V Operating Permits
G. Other Changes and Clarifications
III. What Are the Final Standards?
A. What Is the Source Category?
B. What Is the Affected Source?
C. What Are the Emission Standards?
D. Interaction With Other Regulations
IV. When Do I Show Initial Compliance With the Rule?
V. What Testing and Monitoring Must I Do?
A. Test Methods and Procedures
B. Monitoring Requirements
VI. What Notification, Recordkeeping, and Reporting Requirements
Must I Follow?
A. Initial Notification
B. Notification of Performance Tests
C. Notification of Compliance Status
D. Recordkeeping Requirements
E. Semiannaul Reports
VII. What Are the Environmental, Energy, and Economic Impacts of the
Rule?
A. What Are the Air Impacts?
B. What Are the Cost Impacts?
C. What Are the Economic Impacts?
D. What Are the Nonair Health, Environmental, and Energy
Impacts?
VIII. Statutory and Executive Order Reviews
A. Executive Order 12866, Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132, Federalism
F. Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045, Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act

I. Background

A. What Is the Source of Authority for Development of NESHAP?

Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. The category
of major sources covered by the final NESHAP was listed on July 16,
1992 (57 FR 31576) under the Surface Coating Processes industry group.
Major sources of HAP are those that emit or have the potential to emit
considering controls, in the aggregate, 9.07 megagrams per year (Mg/yr)
(10 tons per year (tpy)) or more of any HAP or 22.68 Mg/yr (25 tpy) or
more of any combination of HAP.

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

Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both new and existing major sources. The CAA
requires the NESHAP to reflect the maximum degree of reduction in
emissions of HAP that is achievable. This level of control is commonly
referred to as the MACT.
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the CAA. In essence, the MACT
floor ensures that the emission limitation is set at a level that
assures that all major sources achieve the level of control at least as
stringent as that already achieved by the better-controlled and lower-
emitting sources in each source category or subcategory. For new
sources, the MACT floor cannot be less stringent than the emission
control that is achieved in practice by the best-controlled similar
source. The MACT standards for existing sources can be less stringent
than the standards for new sources, but they cannot be less stringent
than the average emission limitation achieved by the best performing 12
percent of existing sources in the category or subcategory (or the best
performing five sources for categories with fewer than 30 sources).
In developing MACT, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on consideration of the cost of achieving the
emission reductions, any health and environmental impacts, and energy
requirements.

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

In response to public comments received on the proposed standards,
we made several changes in developing the final rule. While some of the
changes were designed to make our intentions clearer, other changes
resulted in revisions to the MACT floors and emission limits. The
substantive comments and our responses and rule

[[Page 28608]]

changes are summarized in the following sections. A more detailed
summary of these comments as well as other comments received along with
our responses can be found in the BID for the final rule which is
available from several sources (see ADDRESSES).

A. Overlap with Other NESHAP Source Categories

Two commenters requested that the final rule provide compliance
flexibility for facilities that coat a variety of items in addition to
metal furniture and metal furniture components. Such facilities may be
affected by several surface coating NESHAP, such as the existing
standards for wood furniture, the proposed standards for miscellaneous
metal parts and products (67 FR 52780, August 13, 2002), and the
proposed standards for plastic parts and products (67 FR 72276,
December 4, 2002). The commenters sought a regulatory approach that
would allow facilities to opt specific coating operations or product
lines that are collocated with metal furniture surface coating
operations out of the rule and into one of the other surface coating
NESHAP.
Another commenter believed that the proposed rule did not
adequately address all the possible overlap issues between the metal
furniture and wood furniture surface coating NESHAP, particularly when
a furniture item consists of both metal and wood components.
We understand that it could be beneficial to consolidate regulatory
requirements at facilities where coating operations belonging to
different source categories (such as metal furniture, miscellaneous
metal parts and products, and plastic parts and products) are
collocated. Consolidation may reduce the amount of records, reports, or
compliance calculations that the facility would have to maintain. Some
commenters suggested that the final rule include a compliance option
that would allow this consolidation of different regulatory
requirements within a facility. Section 112(d)(2) of the CAA states
that all major sources within a regulated source category must meet the
maximum degree of emission reduction that we determine to be
achievable. We do not believe that the commenters' recommendation of
allowing a facility to choose which coating operations to opt into, or
out of, a particular NESHAP would ensure that the MACT level of control
was met for all HAP emission points within each source category.
Therefore, to comply with these CAA requirements, we have not included
the compliance option suggested by the commenters in the final rule.
We recognize that there is not always a clear dividing line between
the affected sources of the surface coating rules. This is evident in
the furniture manufacturing industry, where both metal and wood
furniture may be produced in the same facility, and many pieces of
furniture contain substantial portions of metal and wood. For those
commenters concerned with lack of clarity between the applicability of
the metal furniture rule and other surface coating rules, in particular
the wood furniture surface coating rule (40 CFR part 63, subpart JJ),
we are providing clarification through the following examples.
Example 1. Coating operations at facilities currently subject to
the wood furniture rule (40 CFR part 63, subpart JJ) would continue to
be subject to that rule. This would be the case even if the items
coated contained metal components, as long as the items meet the
definition of wood furniture or wood furniture component in Sec.
63.801(a) of 40 CFR part 63, subpart JJ.
Example 2. Coating operations at facilities that coat metal
furniture (as defined in Sec. 63.4881(a)(2) of the final rule)
constructed either entirely or partially from metal (but not qualifying
as wood furniture components under subpart JJ) would be subject to the
metal furniture rule.
Example 3. Facilities that coat only metal furniture components
such as knobs, hinges, and screws (that is, components that are of a
more generic nature and could have broader uses in products other than
metal furniture) and provide these components exclusively to metal
furniture manufacturing facilities would be subject to the metal
furniture rule.
Example 4. The applicability of the surface coating rules when the
item coated is composed of both metal and wood components in
approximately equivalent percentages will depend primarily on the
functionality of the entire unit. A common example of such an item is a
commercial shelving unit constructed of a metal base and wood backing.
For reasons related to structural rigidity or overall stability, the
functionality of this particular shelving unit depends more on the
metal components than the wood components. The surface coating of this
shelving unit would be regulated under the metal furniture rule. Thus,
the surface coating of all components of this shelving unit, regardless
of whether they are made of metal or wood, would be regulated under the
metal furniture rule, so long as the facility is a metal furniture
manufacturing facility. This would be true even if the metal furniture
manufacturing facility dedicated a coating line exclusively to the
coating of the wood components.
Example 5. Coating operations such as those presented in Example 4
may not involve items that can be readily classified according to
functionality. For these situations, the applicability determination
would be made on a case-by-case basis taking into account functionality
and other relevant factors. These factors may include the primary North
American Industrial Classification System (NAICS) code for the
facility, amount of surface area coated for each type of substrate, and
how the coating operations have been classified for other surface
coating rules (such as new source performance standards (NSPS) and
State rules).
The examples we have provided here are necessarily simplistic in
nature compared to many of the situations encountered in the metal
furniture manufacturing industry and are intended only to provide
guidance. Even so, the examples demonstrate the complex applicability
issues related to this rule and why precisely defining applicability
among the surface coating rules has proved to be a challenge. While we
realize that many of the situations encountered in the metal furniture
manufacturing industry can be far more complicated than presented here,
discussion of these more complex situations is beyond the scope of this
preamble. For these reasons, we intend to provide additional guidance
documents in the future that will specifically address some of the more
complex applicability issues. In order to address the specific concerns
raised by the metal furniture industry, we are planning to involve all
interested stakeholders in the development of these guidance documents.
We will announce at a future date how stakeholders may become involved
in this effort.

B. MACT Floors and Emission Limits

The database we used to determine the MACT floors for new and
existing sources consisted of 49 facilities that responded to our
questionnaires. Of these 49 facilities, 22 provided complete data such
that we could calculate an emission rate for all of the metal furniture
surface coating operations in terms of kilograms (kg) organic HAP per
liter coating solids used. Of the 27 remaining facilities, we believed
we had enough data to estimate that, had all of the requested data been
provided, their emission rates would have fallen within the range
represented by the facilities for which we had complete data.
Therefore, we based the existing source

[[Page 28609]]

MACT floor on the best performing 12 percent of 49 facilities rather
than 12 percent of 22 facilities.
One commenter stated that section 112(d)(3)(A) of the CAA requires
us to use only those facilities ``for which the Administrator has
emissions information.'' The commenter believed that this language
limited us to considering only the 22 facilities, not the entire group
of 49 facilities.
In response to these comments, we reviewed the information that was
submitted by the 27 facilities with incomplete data. We also attempted
to obtain additional information from some of the facilities. As a
result of these efforts, we could not confirm the accuracy of our
original assumption that the emission rates for these 27 facilities
would fall within the range represented by the facilities with complete
data. As a result, we agree with the commenter that a more appropriate
basis for the floor determination is the data set for the 22 facilities
that submitted complete data. Using information from only those
facilities, we recalculated the existing source MACT floor based on the
average of the best performing 12 percent of 22 facilities. This
calculation reduced the MACT floor from 0.12 kg organic HAP per liter
(1.0 lb/gallon (gal)) coating solids used to 0.10 kg organic HAP per
liter (0.83 lb/gal) coating solids. In the final rule, the existing
source emission limit in Sec. 63.4890 corresponds to the new MACT
floor value.
Two commenters also questioned our rejection of above-the-floor
options for existing sources. We continue to believe that rejecting
above-the-floor options was appropriate for existing sources. However,
during our analysis of these comments, we began to further consider how
the state-of-the-art for new sources has changed since our initial data
gathering efforts. We have always recognized that there are certain
coating technologies that may emit no organic HAP (as calculated
according to Sec. 63.4941(a)) such as powder coatings and liquid
coatings that contain no organic HAP. The industry questionnaire
responses that we reviewed in 1998 (representing 1997 data) showed that
six facilities used powder coatings exclusively, and they were not used
for the MACT floor calculations because they were true area sources.
These powder coating facilities produced metal furniture items such as
office chairs, dental chairs, commercial and residential lighting
fixtures, and indoor and outdoor lighting fixtures. Of these six powder
coating facilities, three had coating solids usages within the range
represented by the facilities we used to determine the MACT floor (in
other words, had these three facilities used conventional liquid
coatings instead of powder coatings, we would expect them to be major
sources of HAP emissions and they would have been included in the
determination of the MACT floor). We believe these data demonstrate the
industry's current ability to exclusively use powder coatings in many
situations.
Based on the 1998 questionnaire responses of the 22 facilities that
provided complete data, information was provided for 188 individual
liquid coatings. Eight of these coatings were reported as containing no
organic HAP. In addition, another 48 individual coatings were reported
as containing less than 1 percent by mass of organic HAP (typically as
a small component of a solvent blend such as aromatic naphtha). We
believe that this high percentage of non-HAP (or essentially non-HAP)
coatings used by these 22 facilities indicates the coating suppliers'
ability to produce and market non-HAP coatings and demonstrates that
they are currently in use by the industry.
Over the past 5 years since we sent questionnaires to the metal
furniture manufacturing industry, non-HAP coating technologies have
undergone continual development. The availability of powder coatings in
a wide range of colors has increased, as has the ability to produce
various surface finishes and control film thickness. Coating
manufacturers have also made significant strides in formulating non-HAP
coatings, driven in large part by the requirements of surface coating
NESHAP for a wide variety of industries. In addition, we are aware of
other coating technologies, such as electrocoating, that have the
potential to emit no HAP. Although we are not currently aware of these
coating technologies being used in the metal furniture industry, we
believe they can be used in certain circumstances and represent viable
alternatives for new sources.
We believe the continual development of these non-HAP coating
technologies over the past several years has allowed them to gain wider
acceptance and use within the metal furniture surface coating industry,
such that we now believe they represent in the aggregate the MACT floor
for new sources. Considering that new sources have much greater
latitude than existing sources to design manufacturing operations and
the metal furniture items themselves to accommodate these coating
technologies, new sources can more readily take advantage of these
coating technologies. Accordingly, we have revised the new source MACT
floor to be no emissions of organic HAP from metal furniture surface
coating operations. The emission limit for new sources in Sec. 63.4890
of the final rule reflects this new MACT floor determination.
We also recognize that there may be specialized appearance or
functional characteristics that can be produced only with coating
technologies employing organic HAP, even for new sources. To
accommodate these situations, we added a provision in the final rule
that allows a new affected source to demonstrate on a case-by-case
basis that organic HAP-free coating technologies cannot be used for
their specific products. If we approve such a request, then the source
would be required to meet an emission limit of 0.094 kg organic HAP per
liter (0.78 lb/gal) coating solids used. This emission limit is the
same as the emission limit originally proposed for new sources and
would apply only to the specific products for which the determination
was made, not all of the metal furniture surface coating operations at
the new source.

C. Military Coatings

One commenter expressed concern about metal furniture used in
battlefield situations. Such furniture may be coated with chemical
agent resistant coatings and other coatings unique to the military. The
commenter believed that the emission limits developed for the metal
furniture rule did not take into account the needs of the military to
sustain metal furniture and other battlefield support equipment and
requested that all such coatings be regulated under the proposed NESHAP
for miscellaneous metal parts and products, once those standards become
final. Upon further analysis, we agree that military coatings used for
refurbishment of military equipment may be unique from those used to
develop the emission limits as in the proposed metal furniture surface
coating rule and require special consideration. However, because so
many different products are involved (metal furniture, large
appliances, wood furniture, miscellaneous metal parts, fabric coating,
and plastic parts), we believe the more appropriate approach is to
group all of the products coated with specialized military coatings
into their own source category. Thus, we are creating a new source
category for the surface coating of refurbished military equipment for
this purpose. The final rule for metal furniture includes an exemption
for military coatings (see Sec. 63.4881(c)(6) of the final rule) that
will

[[Page 28610]]

be included in the newly created source category.

D. Compliance During Periods of Startup, Shutdown, and Malfunction

One commenter believed that the statement in Sec. 63.4900(a)(2) of
the proposed rule that affected sources do not have to comply with the
emission limitations during periods of startup, shutdown, and
malfunction does not comply with the CAA. This provision is often found
in NESHAP in which compliance with the standards is based on the
results of a short-term initial performance test and short-term
averaging of continuous monitoring results thereafter. In consideration
of this comment, we realized that this provision is not appropriate for
the surface coating NESHAP when these short-term tests and monitoring
results are only one component of a compliance determination that
determines emissions over a long period of time, which in this case is
a month. For the metal furniture surface coating NESHAP, the source
owner or operator will use the performance test and continuous
monitoring results in combination with data on coatings and other
materials used over a month's period of time. These components will be
combined to calculate a monthly organic HAP emission rate. Since there
may be many startups and shutdowns of a coating operation over the
course of a month as part of normal operation, it is not appropriate to
exempt such periods from compliance with the standards. We believe that
a month-long compliance period will accommodate potential short-term
higher emission rates that might occur due to startup, shutdown, or
malfunction, and that the proposed exemption is not necessary or
appropriate. Thus, we revised and simplified the general compliance
requirements in Sec. 63.4900; we removed the statement that sources
must be in compliance except during periods of startup, shutdown, and
malfunction. We state in Sec. 63.4900(a) of the final rule that all
affected sources must be in compliance with the emission limitations in
Sec. 63.4890 at all times. We left in place the requirement for
sources using an emission capture system and add-on control device to
develop and implement a written startup, shutdown, and malfunction plan
according to Sec. 63.6(e)(3).

E. Monitoring

One commenter believed we inappropriately used the terms
``sensitivity'' and ``tolerance'' interchangeably in Sec. 63.4968 of
the proposed rule (now Sec. 63.4967 in the final rule). We agree with
the commenter and replaced both terms with the term ``accuracy.'' We
also made numerous changes throughout this section to simplify
monitoring requirements and maintain consistency with the monitoring
requirements in other surface coating NESHAP under development.

F. Title V Operating Permits

Several commenters had concerns about possible conflicts between
reporting requirements under this rule and their approved title V
programs. It is important to emphasize that a permitting authority does
not have the authority to change the reporting requirements of this
rule (such as type of report, content of report, and/or frequency of
submission). Reporting requirements under this rule are applicable
requirements, and sources must comply with them.
The final rule, consistent with the proposed rule, does however
allow an affected source to submit its semiannual compliance report
along with, or as part of, its 6-month monitoring report required by 40
CFR part 70 or 40 CFR part 71. See Sec. 63.4920(a)(1)(iv) and (a)(2)
of the final rule. As a result of comments, Sec. 63.4920(a)(1)(iv) and
(a)(2) of the final rule have been modified to clarify when monitoring
reports are required by 40 CFR part 70 or 40 CFR part 71 (every 6
months) and when a 6-month monitoring report must cross-reference a
semiannual compliance report. Language was also added to Sec.
63.4920(a)(1)(iv) of the final rule to ensure that a semiannual
compliance report is submitted within a reasonable time (30 days) after
the end of the semiannual reporting period.
At the request of commenters, Sec. Sec. 63.4910(c)(2) and
63.4920(a)(3)(ii) of the final rule have been revised to ensure that
certifications of truth, accuracy, and completeness for the
notifications of compliance status and semiannual compliance reports
under this rule are consistent with the certification requirements
under 40 CFR part 70 or 40 CFR part 71. Additionally, ``of the
content'' was deleted from both of these paragraphs as a responsible
official needs to certify that the entire submittal is complete, not
just the content of the report.
It is also important to correct in this final preamble a statement
made in subsection B of Section II of the preamble to the proposed rule
(67 FR 20206, 20208). In this subsection--``What is the relationship to
other rules?''--the following is stated: ``Overlapping reporting,
recordkeeping, and monitoring requirements may be resolved through the
title V permit process.'' This statement is overly broad as 40 CFR part
70 and 40 CFR part 71 only address situations where more than one
monitoring (including recordkeeping designed to serve as monitoring) or
testing requirement applies. Specifically, 40 CFR 70.6(a)(3)(i)(A) and
40 CFR 71.6(a)(3)(i)(A) state in part that ``If more than one
monitoring or testing requirement applies, the permit may specify a
streamlined set of monitoring or testing provisions provided the
specified monitoring or testing is adequate to assure compliance at
least to the same extent as the monitoring or testing applicable
requirements that are not included in the permit as a result of such
streamlining; * * *.'' There are no provisions in 40 CFR part 70 or 40
CFR part 71, however, which allow for the streamlining of overlapping
recordkeeping or reporting requirements, unless the recordkeeping is
designed to serve as monitoring as described in 40 CFR 70.6(a)(3)(i)(B)
or 40 CFR 71.6(a)(3)(i)(B).

G. Other Changes and Clarifications

In addition to the changes described above, we note several areas
of the proposed rule that warrant rewriting for the final rule, even
though commenters did not object to them. They are necessary so that
the provisions properly reflect our intent and are consistent with
other surface coating NESHAP under development.
The proposed rule allowed the volume fraction of coating solids to
be determined by means of a test method or from information provided by
the supplier or manufacturer. We realize that there may be certain
situations where neither of these options is adequate and added a
calculation at Sec. 63.4941(b)(3) for volume fraction of coating
solids when the mass fraction and average density of the volatile
components of the coating are known.
Section 63.4962 of the proposed rule contained detailed procedures
for determining compliance when a source operates under different sets
of representative operating conditions. Upon further review of this
section, we believe this option is overly complicated and would be
difficult to implement in actual practice. Rather than including these
detailed compliance procedures in the final rule, we decided on a
general statement allowing such a compliance demonstration if you
believe a workable and enforceable procedure can be maintained to
demonstrate compliance under different sets of representative operating
conditions (see Sec. 63.4891(d)(2)

[[Page 28611]]

of the final rule). You would be required to develop your own detailed
compliance procedure tailored to your specific situation and submit the
procedure to the Administrator for approval. We also took this action
to maintain consistency with other surface coating NESHAP under
development that do not contain this option.
We added an alternative to Method 3B at Sec. 63.4965(a)(3) of the
final rule. This alternative test method, ANSI/ASME PTC 19.10-1981,
Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], was
inadvertently omitted from the proposed rule. We also added Sec.
63.4966(g) to provide guidance for monitoring when a bioreactor system
is used as an add-on control device to comply with the emission limits.
In addition to the actions described above, we have clarified our
intent to promote consistency with other surface coating NESHAP
currently under development.

III. What Are the Final Standards?

A. What Is the Source Category?

The rule applies to you if you own or operate a metal furniture
surface coating facility that is a major source, is located at a major
source, or is part of a major source of HAP emissions. We have defined
a metal furniture surface coating facility as one that applies coatings
to metal furniture or components of metal furniture. Metal furniture
means furniture or components that are constructed either entirely or
partially from metal.
You would not be subject to the rule if your metal furniture
surface coating facility is located at an area source. An area source
of HAP is any facility that emits or 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. You would not be subject to
the rule if you use only coatings, thinners, and cleaning materials
that contain no organic HAP. The source category does not include
surface coating that occurs at research or laboratory facilities or
that is part of janitorial, building, and facility maintenance
operations. It also does not include coating applications using
handheld nonrefillable aerosol containers.

B. 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 specific
NESHAP apply. Within a source category, we select the specific emission
sources (emission points or groupings of emission points) that will
make up the affected source for that category. To select these emission
sources, we mainly consider the constituent HAP and quantity emitted
from individual or groups of emission points.
For the metal furniture surface coating NESHAP, the affected source
is the collection of all operations associated with the surface coating
of metal furniture or components of metal furniture that are performed
at a contiguous area under common control. These operations include
preparation of a coating for application (for example, mixing with
thinners); surface preparation of the metal furniture or component;
coating application and flash-off; drying and/or curing of applied
coatings; cleaning of equipment used in surface coating; storage of
coatings, thinners, and cleaning materials; and handling and conveyance
of waste materials from the surface coating operations. Coatings
include such materials as adhesives and protective or decorative
coatings.

C. What Are the Emission Standards?

We are promulgating standards that limit HAP emissions from the
surface coating of metal furniture. The standards include emission
limits and operating limits. The emission limits are different for new
and existing sources and have changed since proposal.
Emission limits. We are limiting each new and reconstructed
affected source to no organic HAP emissions. The limit for each
existing affected source is 0.10 kg organic HAP/liter (0.83 lb/gal)
coating solids used. These limits apply to the total of all coatings,
thinners, and cleaning materials used in coating operations at the
affected source.
There are three compliance options available for meeting the
emission limits. The compliant material option requires that each
coating used in the coating operation meet the limit, and each thinner
and cleaning material must contain no organic HAP. Under the emission
rate without add-on controls option, you may average all of the
coatings, thinners, and cleaning materials used together and
demonstrate that the overall emission rate is in compliance with the
applicable limit. The emission rate with add-on controls option applies
to coating operations for which add-on controls are used to meet the
limit. Under this option, you must meet certain operating limits for
the capture systems and control devices and follow a work practice plan
for your material storage, mixing, conveying, and spills.
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 monthly liquid-liquid material balance), the rule's
operating limits would apply to you. These limits are site-specific
parameter limits you determine during the initial performance test of
the system. For capture systems, you would establish average volumetric
flow rate limits for each capture device (or enclosure) in each capture
system. You would also establish limits on average pressure drop across
openings in the capture system.
For thermal and catalytic oxidizers, you would monitor temperature.
For solvent recovery systems for which you do not conduct a monthly
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 temperature of the outlet gas
temperature from the condenser.
All operating limits must reflect operation of the capture system
and control devices during a performance test that demonstrates
achievement of the emission limit during representative operating
conditions.
General Provisions. The General Provisions (40 CFR part 63, subpart
A) also apply to you as outlined in Table 2 of the final rule. The
General Provisions codify certain procedures and criteria for all 40
CFR part 63 NESHAP. The General Provisions contain administrative
procedures, preconstruction review procedures for new sources, and
procedures for conducting compliance-related activities such as
notifications, reporting, and recordkeeping, performance testing, and
monitoring. The rule refers to individual sections of the General
Provisions to emphasize key sections that you should be aware of.
However, unless specifically overridden in the rule, all of the
applicable General Provisions requirements apply to you.

D. Interaction With Other Regulations

Affected sources subject to the rule may also be subject to other
rules. The relationship between this rule and other rules is discussed
below.
New source performance standards--40 CFR part 60, subpart EE. The
metal furniture NSPS apply to facilities that apply organic coatings to
metal furniture and that began construction, reconstruction, or
modification after November 28, 1980. The pollutants

[[Page 28612]]

regulated are volatile organic compounds (VOC). Emissions of VOC are
limited to 0.09 kg per liter of coating solids applied, and the
affected source is each individual coating operation.
The rule differs from the NSPS in three ways. First, the affected
source for the rule is defined broadly as the collection of all coating
operations and related activities and equipment at the facility,
whereas the affected facility for the NSPS is defined narrowly as each
individual coating operation. The broader definition of affected source
allows a facility's emissions to be combined for compliance purposes.
Second, the NESHAP regulate organic HAP. While most organic HAP emitted
from metal furniture surface coating operations are VOC, some VOC are
not listed as HAP and, therefore, the NSPS regulate a broader range of
pollutants than would the NESHAP. Third, the emission limitations in
the NESHAP would be based on the amount of solids used at the affected
source. The NSPS limitations are based on the amount of solids actually
applied to the metal furniture which necessitates estimates of transfer
efficiency in the compliance calculations.
Because of the differences between the NESHAP and the NSPS,
compliance with either one cannot be deemed compliance with the other.
A metal furniture surface coating facility that meets the applicability
requirements of both rules must comply with both.
National emission standards for wood furniture manufacturing
operations--40 CFR part 63, subpart JJ. There may be situations where a
manufacturer of wood furniture also coats metal components of that wood
furniture. Coating lines that are currently subject to subpart JJ will
remain subject to only that rule so long as they continue to coat
products that meet the definition of ``wood furniture'' or ``wood
furniture component'' in Sec. 63.801. This will be the case even if
there are metal parts on the wood furniture or wood furniture
components when they are coated.
Future national emission standards for the surface coating of
miscellaneous metal parts. Metal furniture often contains components,
such as metal knobs, hinges, and screws, that have a wider use beyond
metal furniture. As stated previously, the coating of such parts would
be subject to the metal furniture rule if the coating takes place at a
facility that is coating metal furniture, or a facility whose entire
production is dedicated to coating parts to be used exclusively in, or
on, metal furniture. If the coating of such parts takes place at a
facility that coats these parts for multiple types of products (e.g.,
not exclusively metal furniture), the coating operations would be
subject to the proposed NESHAP for the surface coating of miscellaneous
metal parts and products (August 13, 2002, 67 FR 52780).
Future national emission standards for the surface coating of
plastic parts and products. Plastic parts and products may be
components (e.g., plastic handles) of metal furniture. The coating of
such plastic parts would be subject to the metal furniture rule if the
coating takes place at a metal furniture surface coating facility; or
if it takes place at a facility whose entire production is dedicated to
coating plastic parts for metal furniture. If the coating takes place
at a facility that coats these plastic parts for multiple types of
products (e.g., not exclusively metal furniture), the coating
operations would be subject to the proposed NESHAP for the surface
coating of plastic parts and products (December 4, 2002, 67 FR 72276).

IV. When Do I Show Initial Compliance With the Rule?

Existing affected sources must comply with the rule no later than 3
years after May 23, 2003. The effective date is May 23, 2003. New or
reconstructed affected sources must comply upon start-up or May 23,
2003, whichever is later. Details of the compliance requirements can be
found in the General Provisions, as outlined in Table 2 of today's
rule.
Before your initial compliance demonstration, you must choose which
of the several compliance options you will use for your affected
source. In your initial compliance certification, you must notify the
Administrator of your choice and after that, you must monitor and
report compliance results accordingly. If you decide to change to other
emission limit options, you are also required to notify the
Administrator, as with other changes at the facility, as discussed
later in this preamble.

V. What Testing and Monitoring Must I Do?

In addition to the specific testing and monitoring requirements
specified below for the affected source, the rule adopts the testing
requirements specified in 40 CFR 63.7.

A. Test Methods and Procedures

Emission limit(s). There are several options for complying with the
emission limit(s), and the testing and initial compliance requirements
vary accordingly.
If you demonstrate compliance based on the materials used in the
affected source, you must determine the mass of organic HAP and the
volume of solids in all materials used during the initial compliance
period.
To determine the mass of organic HAP in coatings, thinners, and
cleaning materials and the volume coating solids, you could either rely
on manufacturer's data or on results from the test methods listed
below. Under Sec. 63.4941 of the rule, you would be required to
determine the mass of organic HAP in coatings, thinners, and cleaning
materials used. To do this, you must count HAP that are present at 1
percent by mass or more if they are not carcinogens identified by the
Occupational Safety and Health Administration (OSHA) at 29 CFR
1910.1200(d)(4), and count HAP that are present at 0.1 percent by mass
or more if they are OSHA-identified carcinogens. Coating and solvent
manufacturers are accustomed to providing a breakdown of material
components according to this distinction and routinely report the
values on Material Safety Data Sheets for the materials, as required by
OSHA. We could have selected some other way to count HAP components of
materials but concluded that allowing this long-standing approach to be
used for compliance with the rule would provide the information needed
for compliance assurance and would not impose any additional burden on
the industry.
You may use alternative test methods provided you get EPA approval
in accordance with the NESHAP General Provisions, Sec. 63.7(f). 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 rule allows you to use nonaqueous volatile matter as a
surrogate for organic HAP, which would include all organic HAP plus all
other organic compounds. If you choose this option, then use Method 24
of 40 CFR part 60, appendix A; and
? For volume fraction of coating solids, use either
manufacturer's data or ASTM Method D2697-86 (1998), Standard Test
Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, or
ASTM Method D6093-97, Standard Test Method for Percent Volume
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas
Pycnometer. If you are not able to use these procedures, then you may
calculate the volume fraction of coating solids based on the density
and mass fraction of the volatile components.

[[Page 28613]]

To demonstrate initial compliance based on the materials used, you
are required to either ensure that the organic HAP content of each
coating meets the emission limit and that you use no organic HAP-
containing thinners or cleaning materials; or ensure that the total
mass of organic HAP in all coatings, thinners, and cleaning materials
divided by the total volume of coating solids meets the emission limit.
For the latter option, you are required to:
? For the initial compliance period, determine the quantity
of each coating, thinner, and cleaning material used in the affected
source.
? Determine the mass of organic HAP in each coating, thinner,
and cleaning material.
? Determine the volume fraction coating solids for each
coating.
? Calculate the total mass of organic HAP for materials and
total volume of coating solids used in the affected source for the
compliance period. You may subtract from the total mass of organic HAP
the amount of organic HAP contained in waste materials you send, during
that compliance period, to a hazardous waste treatment, storage, and
disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
The calculation equation (Equation 1 in Sec. 63.4951) adds together
all the organic HAP in the coatings, thinners, and cleaning materials
and allows you to subtract organic HAP in waste materials as indicated
above. The calculated mass of organic HAP is, therefore, not based on
actual measurement of emissions to the atmosphere but rather assumes
that all organic HAP used (less those in waste materials as
appropriate) are emitted. This means of determining organic HAP
emissions for compliance is consistent with the means by which we
calculated emission rates from industry data on which the emission
limits are based. We believe that Equation 1 in Sec. 63.4951 is a
simple mass-balance relationship which adequately quantifies the
organic HAP emissions without imposing an excessive burden on
respondents.
? Calculate the ratio of the total mass of organic HAP for
the materials used to the total volume of coating solids used.
? Record the calculations and results and include them in
your notification of compliance status.
If you use a capture system and control device other than a solvent
recovery system for which you conduct a monthly liquid-liquid material
balance, you must:
? Conduct an initial performance test to determine the
capture and control efficiencies of the equipment (described below) and
to establish operating limits to be achieved on a continuous basis
(also described below). The performance test must be completed no later
than the compliance date for existing sources and 180 days after the
compliance date for new and reconstructed sources (Sec. 63.4960). You
must schedule it in time to obtain the results for use in completing
your compliance determination for the initial compliance period.
? Determine the mass of organic HAP in each material and the
volume fraction coating solids for each coating used during the initial
compliance period.
? Calculate the organic HAP emissions from all 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 total mass of organic HAP emissions from
uncontrolled coating operations.
? Calculate the ratio of the total mass of HAP emissions from
both controlled and uncontrolled coating operations to the total volume
of coating solids used during the initial compliance period.
? Record the calculations and results and include them in
your Notification of Compliance Status.
The capture and control efficiency for a capture and control system
other than a solvent recovery system for which you conduct monthly
liquid-liquid material balances must be demonstrated based on emission
capture and reduction efficiency. To determine the capture efficiency,
you must either verify the presence of a permanent total enclosure
(PTE) using EPA Method 204 of 40 CFR part 51, appendix M, (all
materials must be applied and dried within the enclosure) or use one of
three protocols in Sec. 63.4964 to measure capture efficiency. If you
have a PTE and all 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 emission reduction efficiency of the control
device, you must conduct measurements of the inlet and outlet gas
streams. The test must consist of three runs, each run lasting 1 hour,
using the following EPA Methods in 40 CFR part 60, appendix A:
? Method 1 or 1A for selection of the sampling sites.
? Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas
volumetric flow rate.
? Method 3, 3A, or 3B for gas analysis to determine dry
molecular weight. As an alternative to Method 3B, you may use ANSI/ASME
PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and
Analyses].
? Method 4 to determine stack moisture.
? Method 25 or 25A to determine organic volatile matter
concentration. In lieu of Method 25 or 25A, you may use Method 18 if
you know the HAP constituents in the inlet and outlet gas streams and
you quantify at least 90 percent of the organic compounds in the gas
stream. 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 and wish to calculate the mass
of organic HAP emission reduction, 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 must measure the amount of all materials used in the
affected source during the initial compliance period and determine the
total mass of volatile matter contained in these materials. You must
also measure the amount of volatile matter recovered by the solvent
recovery system during the compliance period. Then you must compare the
amount recovered to the amount used to determine the overall control
efficiency, and apply this efficiency to the total amount of organic
HAP for the materials used. You must record the calculations and
results and include them in your Notification of Compliance Status when
you present your calculations of the organic HAP emission rate.
Operating limits. In accordance with section 114(a) of the CAA, the
operating limits would require the use of continuous parameter
monitoring systems (CPMS) to ensure that sources are in compliance. The
monitoring must be capable of detecting deviations with sufficient
representativeness, accuracy, precision, reliability, frequency, and
timeliness to determine if compliance is continuous during a reporting
period.
As mentioned above, you must establish operating limits as part of
the initial performance test of a capture system and control device,
other than a solvent recovery system for which you conduct liquid-
liquid material balances. The operating limits are the minimum or
maximum (as applicable) values achieved for capture systems and control
devices during the most recent performance test that demonstrated
compliance with the emission limit.

[[Page 28614]]

B. Monitoring Requirements

According to paragraph (a)(3) of section 114 of the CAA, monitoring
of stationary sources is required to determine the compliance status of
the sources, and whether compliance is continuous or intermittent. For
affected sources complying with the standards by using capture and
control systems, initial compliance is determined through an initial
performance test and ongoing compliance through continuous monitoring.
We specify the operating parameters that need to be monitored for
certain control devices used in the metal furniture surface coating
industry. You must set the values of these parameters, which
demonstrate compliance with the standards, during your initial
performance test. These values are your operating limits. If future
monitoring shows that capture and control equipment is operating
outside the range of values established during the initial performance
test, then you are deviating from the operating limits.
The rule specifies the parameters to monitor for the types of
emission control systems commonly used in the industry. You are
required to install, calibrate, maintain, and continuously operate all
monitoring equipment according to manufacturer's specifications and
ensure that the CPMS meet the requirements in Sec. 63.4967 of the
rule. If you use control devices other than those identified in the
rule, you must submit the operating parameters to be monitored to the
Administrator for approval. The authority to approve the parameters to
be monitored is retained by EPA and is not delegated to States.
If you use a thermal or catalytic oxidizer, you must continuously
monitor temperature and record it at least every 15 minutes. For
thermal oxidizers, the temperature monitor is placed in the firebox or
in the duct immediately downstream of the firebox before any
substantial heat exchange occurs. The operating limit is the average
temperature measured during the performance test, and during each 3-
hour period the average temperature must be at or above this limit. For
catalytic oxidizers, temperature monitors are placed immediately before
and after the catalyst bed. The operating limits are the average
combustion temperature just before the catalyst bed and the average
temperature difference across the catalyst bed during the performance
test, and for each 3-hour period the average combustion temperature and
the average temperature difference must be at or above these limits. As
an alternative for catalytic oxidizers, you may establish the
temperature just before the catalyst bed as an operating parameter as
described above and also develop and implement a site-specific
inspection and maintenance plan for the oxidizer.
If you use a solvent recovery system, and do not conduct liquid-
liquid material balances to demonstrate compliance, then you must
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 are the minimum carbon bed
temperature after the cooling cycle and the minimum amount of steam or
nitrogen used for desorption.
If you use a condenser, you must monitor the outlet gas temperature
to ensure that the air stream is being cooled to a low enough
temperature. The operating limit is the average condenser outlet gas
temperature measured during the performance test, and for each 3-hour
period the average temperature must be at or below this limit.
For each capture system, you must establish operating limits for
gas volumetric flow rate and pressure drop across an opening in each
enclosure or capture device. The operating limits are the average
volumetric flow rate and average pressure drop across the opening
during the performance test, to be met as a minimum.

VI. What Notification, Recordkeeping, and Reporting Requirements Must I
Follow?

The rule requires you to comply with notification, recordkeeping,
and reporting requirements, generally as described in the General
Provisions (see Table 2 of the rule) and specifically as designed to
support demonstration of compliance with the rule. We believe that
these requirements are necessary and sufficient to ensure that you
comply with the requirements in the rule.

A. Initial Notification

If the rule applies to you, you must send an initial notification
to the EPA Regional Office in the region where your facility is located
and to your State agency. If you have an existing affected source, you
must submit the initial notification no later than 1 year before the
compliance date, which is May 23, 2006. If you have a new or
reconstructed affected source, you must submit the notification no
later than 120 days after either the date of initial start-up or May
23, 2006, whichever is later.
The initial notification notifies us and your State agency that you
have an existing affected source that is subject to the standards or
that you have constructed a new affected source. Thus, it allows you
and the Federal or State enforcement agency to plan for compliance
activities. The General Provisions specify the information you must
include in the initial notification and other reporting requirements
for both existing affected sources and new or reconstructed affected
sources.

B. Notification of Performance Tests

If the rule applies to you, you have several options for
demonstrating compliance. If you demonstrate compliance by using a
capture and control system for which you do not conduct a monthly
liquid-liquid material balance, you must conduct a performance test as
described in the rule. Prior to conducting the performance test, 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.

C. Notification of Compliance Status

Your compliance procedures depend on which compliance option you
choose. For each compliance option, you must send us a Notification of
Compliance Status within 30 days after the end of the initial
compliance period. In the notification, you must certify whether the
affected source has complied with the standards, identify the option
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 must also include the measured range of
each monitored parameter and the operating limits established during
the performance test, and information showing whether the source has
achieved its operating limits during the initial compliance period.

D. Recordkeeping Requirements

You are required to keep records of reported information and all
other information necessary to document compliance with the rule for 5
years. As required under Sec. 63.10(b)(1) of the General Provisions,
records for the 2 most recent years must be kept on-site; the other 3
years' records may be kept off-site. Records pertaining to the design
and manufacturer's specifications for the operation of the add-on
control equipment must be kept on-site for the life of the equipment.
We corrected this

[[Page 28615]]

oversight in the final rule. See Sec. 63.4930(b) and Sec. 63.4931(c).
Depending on the compliance option that you choose, you could need
to keep records of the following:
? Organic HAP content, volatile matter content, coating
solids content, and quantity of the coatings, thinners, and cleaning
materials used during each compliance period;
? All documentation supporting initial notifications and
notifications of compliance status.
If you demonstrate compliance by using a capture system and control
device, you must keep records of the following:
? The occurrence and duration of each startup, shutdown, or
malfunction of the emission capture system and control device;
? All maintenance performed on the capture system and control
device;
? Actions taken during startup, shutdown, and malfunction
that are different from the procedures specified in the affected
source's startup, shutdown, and malfunction plan (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 rule requires you to collect and keep records according to
certain minimum data requirements for the CPMS. Failure to collect and
keep the specified minimum data is a deviation that is separate from
any emission limit, operating limit, or work practice standard. A
complete definition of what constitutes a deviation is provided in
Sec. 63.4981 of the final rule.
If you use a capture system and control device to reduce HAP
emissions, you must make your SSMP available for inspection if the
Administrator requests to see it. The plan must stay in your records
for the life of the affected source or until the source is no longer
subject to the standards. If you revise the plan, you must keep the
previous superceded versions on record for 5 years following the
revision.

E. Semiannual Reports

Each reporting year is divided into two semiannual reporting
periods. You must submit a semiannual report after the end of each
semiannual period. If no deviations occur during a semiannual reporting
period, your semiannual compliance report must state that the affected
source has been in compliance. A deviation, as defined in Sec. 63.4891
of the final rule, is any instance in which you fail to meet any
requirement or obligation of the standards or any term or condition
adopted to meet the standards. The following information is required in
semiannual compliance reports when deviations occur:
? If you are complying by using capture systems and add-on
control devices, report all deviations from the operating parameter
values established for the capture system and the control device
operating parameters.
? If you are complying by using solvent recovery systems and
liquid-liquid material balances, report material balance calculations
for all months when the material balance deviated from the emission
limit.
? If you are complying by using low-HAP coating materials,
report all deviations from the emission limit.
? If you are complying by using a combination of capture and
control systems with low-HAP coating materials, report all deviations
from the emission limit and all deviations from operating parameters
described above.
If any of the following events occur, you must report that event in
the next semiannual report following the event:
? A change occurs at your facility or within your process
that might affect its compliance status.
? A change from what was reported in the initial notice
occurs at your facility or within your process.
? You decide to change to another emission limitation option.
? You had a startup, shutdown, or malfunction of an emission
control device during the semiannual period and the actions taken were
consistent with your SSMP.

VII. What Are the Environmental, Energy, and Economic Impacts of the
Rule?

We developed model plants to aid in the estimation of the impacts
the MACT floor level of control would have on the metal furniture
industry. Three model plants distinguished by size, as measured by the
total volume of coating solids used, were developed. We then estimated
impacts for each model plant and scaled these individual impacts to
nationwide levels based on the number of facilities corresponding to
each model plant size. We used the model plant approach because we did
not have adequate data to determine impacts for each actual facility.
A variety of compliance methods are available to the industry to
meet the standards. We analyzed the information obtained from the
industry questionnaire responses, industry site visits, trade groups,
and industry representatives to determine which compliance methods
would most likely be used by existing and new sources. We expect that
the most widely used method would be low-HAP content liquid coatings
(coatings with HAP contents at or below the emission limits) and lower-
HAP cleaning materials. Powder coatings and add-on capture and control
systems would likely be used to a lesser extent. Various combinations
of these methods may be used. For the purpose of assessing impacts, we
assumed that all existing sources would convert to lower-HAP content
liquid coatings, thinners, and cleaning materials.
We first estimated the impacts of the emission limits on the three
model plants. To scale up the model plant impacts to nationwide levels,
we multiplied the individual model plant impacts by the estimated
number of major sources in the United States corresponding to each
model plant size. We used United States Census Bureau data as the basis
for this estimate, which was a total of 655 facilities. For more
information on how impacts were estimated, see Chapters 7 and 8 of the
BID to the proposed standards, EPA-453/R-01-010, October 2001.

A. What Are the Air Impacts?

For existing major sources, we estimated that compliance with the
emission limits would result in a reduction of nationwide organic HAP
emissions of 14,800 Mg/yr (16,300 tpy). This represents a reduction of
approximately 73 percent from the baseline organic HAP emissions of
20,300 Mg/yr (22,308 tpy).
We anticipate that all new sources will take steps to reduce their
actual and potential HAP emissions to below the major source threshold
and avoid becoming subject to the NESHAP. Therefore, we are not
attributing any HAP emission reduction for new sources to the rule.

B. What Are the Cost Impacts?

An affected source may incur three types of costs to comply with
the standards: Capital, direct, and indirect. Capital costs represent
the one-time purchase of equipment. We have included coatings,
thinners, and cleaning materials as direct costs incurred on a
continuing basis for

[[Page 28616]]

materials consumed in the manufacturing process. The cost of utilities,
where applicable, is also included in the direct costs. Indirect costs
typically include overhead, taxes, insurance, and administrative costs,
as well as capital recovery costs.
Existing sources. To comply with the emission limits, we estimated
that existing facilities would likely use reformulated coatings,
thinners, and cleaning materials. No capital costs have been attributed
to these compliance methods. We estimated full costs for 517 of the
estimated 655 metal furniture surface coating facilities. Of the
remaining 138 facilities, approximately 59 facilities would have only
recordkeeping and reporting costs because these facilities would
already be in compliance with the standards (based on questionnaire
responses). We estimated that 79 facilities would achieve area source
status before the compliance date of the final standards and will not
incur compliance costs directly attributable to the rule.
We estimated no incremental costs associated with the use of lower-
HAP coatings and thinners. Only the incremental cost of organic HAP-
free cleaning materials over organic HAP cleaning materials was
counted. The average annual cost for each facility incurring full costs
is approximately $26,000. This value includes monitoring,
recordkeeping, and reporting costs.
We estimated total nationwide annual costs in the 5th year to
comply with the emission limits to be $14.8 million for existing
sources. These costs include $4.66 million direct costs associated with
material usage and $10.1 million for recordkeeping and reporting.
New sources. As previously stated in this preamble, we anticipate
that all new sources will reduce potential HAP emissions to less than
the major source threshold. All of these new sources will be areas
sources not subject to the rule and will incur no costs directly
attributable to the rule.

C. What Are the Economic Impacts?

We performed an economic impact analysis (EIA) to provide an
estimate of the facility and market impacts of the standards as well as
its social costs. In general, we expect the economic impacts of the
standards to be minimal, with price increases and production decreases
of less than 0.1 percent. Given the negligible market impacts of this
rule, the social costs are expected to be roughly the same as the
estimated engineering compliance costs of $14.8 million for existing
sources.
For affected facilities, the distribution of costs is slanted
toward the lower impact levels with many facilities incurring only
those related to recordkeeping and reporting. The EIA indicates that
these regulatory costs are expected to represent only 0.1 percent of
the value of product shipments, which should not cause producers to
cease or alter their current operations. Hence, no firms or facilities
are expected to become at risk of closure because of the standards.
International trade impacts would only occur for the metal household
furniture segment of the industry, but the small price increase (that
is, 0.04 percent) on this segment indicates negligible impacts, if any.
Based on the projected characteristics and costs for new sources, we do
not expect any differential impacts on these sources. For more
information, refer to the ``Economic Impact Analysis of the Proposed
NESHAP: Surface Coating of Metal Furniture'' (Docket ID No OAR-2002-
0048, formerly Docket No. A-97-40).

D. What Are the Nonair Health, Environmental, and Energy Impacts?

Based on information from the industry questionnaire responses,
there was no indication that the use of low-organic-HAP content
coatings, thinners, and cleaning materials would result in any increase
or decrease in nonair health, environmental, and energy impacts. There
would be no change in the utility requirements associated with the use
of these materials, so there would be no change in the amount of energy
consumed as a result of the material conversion. Also, we estimate that
there would be no significant change in the amount of materials used or
the amount of waste produced and there would be no additional energy
requirements for affected sources.

VIII. Statutory and Executive Order Reviews

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 this rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review.

B. Paperwork Reduction Act

The information collection requirements in the 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. 1952.02) and a copy may be obtained
from Susan Auby by mail at the Collection Strategies Division (2822T),
U.S. EPA, 1200 Pennsylvania Avenue, NW., Washington, DC 20460, by e-
mail at auby.susan@epa.gov, or by calling (202) 566-1672. A copy may
also be downloaded off the Internet at http://www.epa.gov/icr. The
information requirements are not effective until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to Agency policies set
forth in 40 CFR part 2, subpart B.
The rule would require maintaining records of all coatings,
thinners, and cleaning materials data and calculations used to
determine compliance. This information includes the volume used during
each monthly compliance period, mass fraction organic HAP, density,
and, for coatings only, volume fraction solids.
If an add-on control device is used, records must be kept of the
capture efficiency of the capture system,

[[Page 28617]]

destruction or removal efficiency of the add-on control device, and the
monitored operating parameters. In addition, records must be kept of
each calculation of the affected sourcewide emissions for each monthly
compliance period and all data, calculations, test results, and other
supporting information used to determine this value.
The monitoring, recordkeeping, and reporting burden in the 5th year
after the effective date of the promulgated rule is estimated to be
approximately 159,000 labor hours at a cost of approximately $10
million for existing sources. We estimate that no cost will be incurred
by new sources (other than the labor costs associated with initially
reading the rule) because we anticipate that all new sources will
reduce their potential HAP emissions to less than the major source
threshold. Thus, as area sources, these new sources will not be subject
to the rule.
Although we estimated no cost will be incurred by new sources, they
may incur some level of cost to achieve area source status. Typically
these costs would be associated with the differential in cost between
conventional liquid coatings and the coating technology they use to
reduce organic HAP emissions. For example, we have limited data
indicating that the cost of powder coatings in terms of dollars per
liter coating solids is higher than most liquid coatings. New sources
would also incur some costs to initially read the rule to determine
whether it applies to them (we estimated this cost to be about $300 per
facility). A cost savings will be realized by new sources because they
will not have the recordkeeping, reporting, and monitoring burden as
described above for existing sources. While all of these potential
costs and savings are difficult to quantify, we believe that in the
balance there will be essentially no cost to new facilities.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR, chapter 15. The OMB
control number for the information collection requirements in this rule
will be listed in an amendment to 40 CFR part 9 in a subsequent Federal
Register document after OMB approves the ICR.

C. Regulatory Flexibility Act (RFA)

The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the final rule. The
EPA has also determined that the rule will not have a significant
economic impact on a substantial number of small entities. For purposes
of assessing the impacts of today's rule on small entities, small
entity is defined as: (1) A small business ranging from 100 to 1,000
employees, according to Small Business Administration size standards
established under the NAICS for the industries affected by today's
rule; (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.
After considering the economic impacts of today's final rule on
small entities, EPA has concluded that this action will not have a
significant economic impact on a substantial number of small entities.
In accordance with the RFA and SBREFA, EPA conducted an assessment
of the standards on small businesses within the metal furniture surface
coating industry. Based on Small Business Administration size
definitions and reported sales and employment data, EPA's survey
identified 10 of the 24 companies owning metal furniture surface
coating facilities as small businesses. Although small businesses
represent almost 42 percent of the companies within the source
category, they are expected to incur 12 percent of the total industry
compliance costs. Under the standards, the average annual compliance
cost share of sales for small businesses is 0.18 percent, with two of
the ten small businesses not expected to incur any additional costs
because they are permitted as synthetic minor HAP emission sources. In
addition, small businesses in this industry typically have 5 percent
profit margins. For more information, consult the docket for this
project.
Although the final rule will not have a significant economic impact
on a substantial number of small entities, EPA nonetheless has tried to
reduce the impact of this rule on small entities. We solicited input
from small entities during the data-gathering phase of the proposed
rulemaking.
We have included compliance options in the rule which give small
entities flexibility in choosing the most cost effective and least
burdensome alternative for their operation. For example, a facility
could purchase and use low-HAP coatings (i.e., pollution prevention)
that meet the standards instead of using add-on capture and control
systems. This method of compliance can be demonstrated with minimum
burden by using purchase and usage records. No testing of materials
would be required, as the facility owner could show that their coatings
meet the emission limits by providing formulation data supplied by the
manufacturer.

D. Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal

[[Page 28618]]

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 rule does not contain a Federal
mandate that may result in expenditures of $100 million or more to
State, local, and tribal governments, in the aggregate, or the private
sector in any 1 year. The maximum total annual cost of the rule for any
year has been estimated to be about $15 million. Thus, today's rule is
not subject to the requirements of sections 202 and 205 of the UMRA. In
addition, EPA has determined that the standards 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. This rule contains
requirements that may apply to State government correctional
institutions that manufacture or repair metal furniture. However, these
requirements do not uniquely or significantly affect those
institutions. Therefore, today's rule is not subject to the
requirements of section 203 of the UMRA.

E. 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'' are defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
The final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Thus, Executive Order 13132 does
not apply to the rule. Although section 6 of Executive Order 13132 does
not apply to the rule, EPA did consult with State and local officials
to enable them to provide timely input in the development of the rule.

F. 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 final rule does not have
tribal implications, as specified in Executive Order 13175. No tribal
governments own or operate metal furniture surface coating facilities.
Thus, Executive Order 13175 does not apply to this rule.

G. 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. This rule is not subject to
Executive Order 13045 because it is based on technology performance and
not on health or safety risks. Furthermore, the rule has been
determined not to be ``economically significant'' as defined under
Executive Order 12866.

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

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

I. National Technology Transfer and Advancement Act

As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act (NTTAA) of 1995, Public Law No.
104-113, (15 U.S.C. 272 note) directs EPA to use voluntary consensus
standards (VCS) in its regulatory activities unless to do so would be
inconsistent with applicable law or otherwise impractical. The VCS are
technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
This rulemaking involves technical standards. The EPA cites the
following standards in this rule: EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F,
2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A-F, and 311; and Performance
Specifications (PS) 6, 8, and 9. 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, and PS 6,
8, and 9. The search and review results have been documented and are
placed in the docket (Docket ID No OAR-2002-0048, formerly Docket No.
A-97-40) for the rule.
The three VCS were identified as acceptable alternatives to EPA
test methods for the purposes of the rule.
The VCS ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses
[Part 10, Instruments and Apparatus],'' is cited in this rule for its
manual method for measuring the oxygen, carbon dioxide, and carbon
monoxide content of exhaust gas. This part of ANSI/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 this rule as acceptable alternatives to EPA
Method 24 for measuring volume of solids in coatings. Currently, Method
24 does not have a procedure for determining the volume of solids in
coatings. These standards

[[Page 28619]]

augment the procedures in EPA Method 24, which 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 1991), 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 rule, the search for
emissions measurement procedures identified 14 other VCS. The EPA
determined that 11 of these 14 standards identified for measuring
emissions of the HAP or surrogates subject to emission standards in the
rule were impractical alternatives to EPA test methods for the purposes
of this rule. Therefore, EPA does not intend to adopt these standards
for this purpose. The reasons for this determination for the 11 methods
are discussed in the docket.

J. Congressional Review Act

The Congressional Review Act, 5 U.S.C. Sec. 801, et seq., as added
by the SBREFA of 1996, generally provides that before a rule may take
effect, the agency promulgating the rule must submit a rule report,
which includes a copy of the rule, to each House of the Congress and to
the Comptroller General of the United States. The EPA will submit a
report containing the rule and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the United States prior to publication of the
rule in the Federal Register. A major rule cannot take effect until 60
days after it is published in the Federal Register. This action is not
a ``major rule'' as defined by 5 U.S.C. Sec. 804(2). The rule will be
effective May 23, 2003.

List of Subjects in 40 CFR Part 63

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

Dated: February 28, 2003.
Christine T. Whitman,
Administrator.

? For the reasons set out in the preamble, title 40, chapter I, part 63
of the Code of Federal Regulations is amended as follows:

PART 63--[AMENDED]

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

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

? 2. Part 63 is amended by revising paragraphs (b)(24) and (25) and
paragraph (i)(3) to Sec. 63.14 of subpart A. The revisions read as
follows:

Sec. 63.14 Incorporations by Reference

* * * * *
(b) * * *
(24) ASTM D2697-86 (Reapproved 1998), ``Standard Test Method for
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' IBR
approved for Sec. Sec. 63.4141(b)(1), 63.4941(b)(1), and 63.5160(c).
(25) ASTM D6093-97, ``Standard Test Method for Percent Volume
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas
Pycnometer,'' IBR approved for Sec. Sec. 63.4141(b)(1), 63.4941(b)(1),
and 63.5160(c).
* * * * *
(i) * * *
(3) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.865(b), 63.3360(e)(1)(iii), 63.4166(a)(3), 63.4965(a)(3), and
63.5160(d)(1)(iii).
* * * * *

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

Subpart RRRR--National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Metal Furniture

Sec.

What This Subpart Covers

63.4880 What is the purpose of this subpart?
63.4881 Am I subject to this subpart?
63.4882 What parts of my plant does this subpart cover?
63.4883 When do I have to comply with this subpart?

Emission Limitations

63.4890 What Emission Limits Must I Meet?
63.4891 What are my options for demonstrating compliance with the
emission limits?
63.4892 What operating limits must I meet?
63.4893 What work practice standards must I meet?

General Compliance Requirements

63.4900 What are my general requirements for complying with this
subpart?
63.4901 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.4910 What notifications must I submit?
63.4920 What reports must I submit?
63.4930 What records must I keep?
63.4931 In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option

63.4940 By what date must I conduct the initial compliance
demonstration?
63.4941 How do I demonstrate initial compliance with the emission
limitations?
63.4942 How do I demonstrate continuous compliance with the emission
limitations?

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

63.4950 By what date must I conduct the initial compliance
demonstration?
63.4951 How do I demonstrate initial compliance with the emission
limitations?
63.4952 How do I demonstrate continuous compliance with the emission
limitations?

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

63.4960 By what date must I conduct performance tests and other
initial compliance demonstrations?
63.4961 How do I demonstrate initial compliance?
63.4962 How do I demonstrate continuous compliance with the emission
limitations?
63.4963 What are the general requirements for performance tests?
63.4964 How do I determine the emission capture system efficiency?
63.4965 How do I determine the add-on control device emission
destruction or removal efficiency?
63.4966 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
63.4967 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?

Other Requirements and Information

63.4980 Who implements and enforces this subpart?
63.4981 What definitions apply to this subpart?

Tables to Subpart RRRR of Part 63

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

[[Page 28620]]

Subpart RRRR--National Emission Standards for Hazardous Air Pollutants:
Surface Coating of Metal Furniture

What This Subpart Covers

Sec. 63.4880 What is the purpose of this subpart?

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

Sec. 63.4881 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
furniture.
(1) Surface coating is the application of coatings to a substrate
using, for example, spray guns or dip tanks.
(2) Metal furniture means furniture or components of furniture
constructed either entirely or partially from metal. Metal furniture
includes, but is not limited to, components of the following types of
products as well as the products themselves: household, office,
institutional, laboratory, hospital, public building, restaurant,
barber and beauty shop, and dental furniture; office and store
fixtures; partitions; shelving; lockers; lamps and lighting fixtures;
and wastebaskets.
(b) You are subject to this subpart if you own or operate a new,
reconstructed, or existing affected source as defined in Sec. 63.4882,
in the source category defined in paragraph (a) of this section, and
that is a major source, is located at a major source, or is part of a
major source of emissions of hazardous air pollutants (HAP). A major
source of HAP emissions is any stationary source or group of stationary
sources located within a contiguous area and under common control that
emits or has the potential to emit any single HAP at a rate of 9.07
megagrams (Mg) (10 tons) or more per year or any combination of HAP at
a rate of 22.68 Mg (25 tons) or more per year.
(c) This subpart does not apply to surface coating that meets any
of the criteria of paragraphs (c)(1) through (6) of this section.
(1) Surface coating conducted at an affected source that uses only
coatings, thinners, and cleaning materials that contain no organic HAP.
(2) Surface coating of metal components of wood furniture conducted
in an operation that is subject to the wood furniture manufacturing
NESHAP in subpart JJ of this part.
(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 only small items such as knobs, hinges, or
screws that have a wider use beyond metal furniture are not subject to
this subpart unless the surface coating occurs at an affected metal
furniture source.
(5) Surface coating of metal furniture conducted for the purpose of
repairing or maintaining metal furniture used by a major source and not
for commerce is not subject to this subpart, unless organic HAP
emissions from the surface coating itself are as high as the rates
specified in paragraph (b) of this section.
(6) Surface coating of metal furniture performed on-site at
installations owned or operated by the Armed Forces of the United
States (including the Coast Guard and the National Guard of any State).

Sec. 63.4882 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 furniture:
(1) All coating operations as defined in Sec. 63.4981;
(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 and all pumps
and piping within the affected source used for conveying coatings,
thinners, and cleaning materials; and
(4) All storage containers, all pumps and piping, and all manual
and automated equipment and containers within the affected source used
for conveying waste materials generated by a coating operation.
(c) An affected source is a new affected source if you commenced
its construction after April 24, 2002, and the construction is of a
completely new metal furniture surface coating facility where
previously no metal furniture surface coating facility had existed.
(d) An affected source is reconstructed if you meet the criteria as
defined in Sec. 63.2.
(e) An affected source is existing if it is not new or
reconstructed.

Sec. 63.4883 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.
63.4940, 63.4950, and 63.4960.
(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 May 23, 2003, the compliance date is May 23, 2003.
(2) If the initial startup of your new or reconstructed affected
source occurs after May 23, 2003, the compliance date is the date of
initial startup of your affected source.
(b) For an existing affected source, the compliance date is the
date 3 years after May 23, 2003.
(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 May 23,
2003, whichever is later.
(2) For any portion of the source that becomes an existing affected
source subject to this subpart, the compliance date is the date 1 year
after the area source becomes a major source or 3 years after May 23,
2003, whichever is later.
(d) You must meet the notification requirements in Sec. 63.4910
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. 63.4890 What emission limits must I meet?

(a) For a new or reconstructed affected source, you must emit no
organic HAP during each compliance period, determined according to the
procedures in Sec. 63.4941.
(b) Alternative emission limit. You may request approval from the
Administrator to use an alternative new source emission limit for
specific metal

[[Page 28621]]

furniture components or type of components for which you believe the
emission limit in paragraph (a) of this section cannot be achieved.
(1) Any request to use an alternative emission limit under
paragraph (b) of this section must contain specific information
demonstrating why no organic HAP-free coating technology can be used on
the metal furniture components. The request must be based on objective
criteria related to the performance or appearance requirements of the
finished coating, which may include but is not limited to the criteria
listed in paragraphs (b)(1)(i) through (viii) of this section.
(i) Low dried film thickness requirements (e.g., less than 0.0254
millimeters (0.001 inch)).
(ii) Flexibility requirements for parts subject to repeated
bending.
(iii) Chemical resistance to withstand chemical exposure in
environments such as laboratories.
(iv) Resistance to the effects of exposure to ultraviolet light.
(v) Adhesion characteristics related to the condition of the
substrate.
(vi) High gloss requirements.
(vii) Custom colors such as matching the color of a corporate logo.
(viii) Non-uniform surface finishes such as an antique appearance
that requires visible cracking of the dried film.
(2) If the request to use an alternative emission limit under
paragraph (b) of this section is approved, the new source must meet an
emission limit of 0.094 kilogram (kg) organic HAP per liter (kg/liter)
(0.78 pounds per gallon (lb/gal)) coating solids used for only those
components subject to the approval. All other metal furniture surface
coating operations at the new source must meet the emission limit
specified in paragraph (a) of this section. Until approval to use the
alternative emission limit has been granted by the Administrator under
this paragraph (b)(2), you must meet the emission limit specified in
paragraph (a) of this section and all other applicable requirements in
this subpart.
(c) For an existing affected source, you must limit organic HAP
emissions to the atmosphere to no more than 0.10 kg organic HAP per
liter (0.83 lb/gal) of coating solids used during each compliance
period, determined according to the procedures in Sec. 63.4941, Sec.
63.4951, or Sec. 63.4961.

Sec. 63.4891 What are my options for demonstrating compliance with
the emission limits?

You must include all coatings, thinners, and cleaning materials
used in the affected source when determining whether the organic HAP
emission rate is equal to or less than the applicable emission limit in
Sec. 63.4890. To make this determination, you must use at least one of
the three compliance options listed in paragraphs (a) through (c) of
this section. You may apply any of the compliance options to an
individual coating operation or to multiple coating operations as a
group or to the entire affected source. You may use different
compliance options for different coating operations or at different
times on the same coating operation. However, you may not use different
compliance options at the same time on the same coating operation. If
you switch between compliance options for any coating operation or
group of coating operations, you must document this switch as required
by Sec. 63.4930(c), and you must report it in the next semiannual (6-
month period) compliance report required in Sec. 63.4920.
(a) Compliant material option. Demonstrate that the organic HAP
content of each coating used in the coating operation or group of
coating operations is less than or equal to the applicable emission
rate limit in Sec. 63.4890 and that each thinner and each cleaning
material used contains no organic HAP. You must meet all the
requirements of Sec. Sec. 63.4940, 63.4941, and 63.4942 to demonstrate
compliance with the emission limit using this option.
(b) Emission rate without add-on controls option. Demonstrate that,
based on the coatings, thinners, and cleaning materials used in the
coating operation or group of coating operations, the organic HAP
emission rate for the coating operation or group of coating operations
is less than or equal to the applicable emission rate limit in Sec.
63.4890, calculated as a monthly emission rate. You must meet all the
requirements of Sec. Sec. 63.4950, 63.4951, and 63.4952 to demonstrate
compliance with the emission rate limit using this option.
(c) Emission rate with add-on controls option. Demonstrate that,
based on the coatings, thinners, and cleaning materials used in the
coating operation or group of coating operations, and the emission
reductions achieved by emission capture and add-on control systems, the
organic HAP emission rate is less than or equal to the applicable
emission rate limit in Sec. 63.4890, calculated as a monthly emission
rate. If you use this compliance option, you must also demonstrate that
all capture systems and add-on control devices for the coating
operation or group of coating operations meet the operating limits
required in Sec. 63.4892, except for solvent recovery systems for
which you conduct liquid-liquid material balances according to Sec.
63.4961(j); and that you meet the work practice standards required in
Sec. 63.4893. You must meet all the requirements of Sec. Sec. 63.4960
through 63.4967 to demonstrate compliance with the emission limits,
operating limits, and work practice standards using this option.
(d) If you choose to use the emission rate with add-on controls
compliance option in paragraph (c) of this section and operate the
coating operation, its emission capture system, or its add-on control
device at multiple sets of representative operating conditions that
result in different capture system or add-on control device
efficiencies during a compliance period, you must follow one of the
procedures in paragraph (d)(1) or (2) of this section.
(1) Determine the operating conditions that result in the lowest
emission capture system and add-on control device efficiencies through
performance testing conducted according to Sec. Sec. 63.4963, 63.4964,
and 63.4965. Use these emission capture system and add-on control
device efficiencies for all representative operating conditions during
the compliance period.
(2) Develop a compliance calculation procedure for determining the
organic HAP emission rate for the compliance period that takes into
account all of the representative operating conditions the source was
operated under during the compliance period and submit the procedure to
the Administrator for approval. Until you receive approval from the
Administrator, you must determine compliance according to paragraph (c)
of this section.

Sec. 63.4892 What operating limits must I meet?

[[Page 28622]]

you use emission capture and add-on controls to demonstrate compliance.
You must establish the operating limits during the performance test
according to the requirements in Sec. 63.4966. You must meet the
operating limits at all times after you establish them.
(c) If you use an add-on control device other than those listed in
Table 1 to this subpart, or wish to monitor an alternative parameter
and comply with a different operating limit, you must apply to the
Administrator for approval of alternative monitoring under Sec.
63.8(f).

Sec. 63.4893 What work practice standards must I meet?

(a) For any coating operation or group of coating operations for
which you use the compliant material option or the emission rate
without add-on controls option to demonstrate compliance, you are not
required to meet any work practice standards.
(b) For any coating operation or group of coating operations for
which you use the emission rate with add-on controls option to
demonstrate compliance, 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 or group of coating
operations for which you use this option; or you must meet an
alternative standard as provided in paragraph (c) of this section. The
plan must specify practices and procedures to ensure that, at a
minimum, the elements specified in paragraphs (b)(1) through (5) of
this section are implemented.
(1) All organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be stored in closed containers. You
must ensure that these containers are kept closed at all times except
when depositing or removing these materials from the container.
(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), the Administrator may choose to
grant you permission to use an alternative to the work practice
standards in this section.

General Compliance Requirements

Sec. 63.4900 What are my general requirements for complying with this
subpart?

(a) The affected source must be in compliance at all times with the
emission limitations specified in Sec. 63.4890.
(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 to comply with the emission limitations in Sec.
63.4890, you must develop and implement a written startup, shutdown,
and malfunction plan (SSMP) according to the provisions in Sec.
63.6(e)(3). The SSMP must address the startup, shutdown, and corrective
actions in the event of a malfunction of the emission capture system or
the add-on control device. The SSMP 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. 63.4901 What parts of the General Provisions apply to me?

Table 2 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. 63.4910 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), (h), and (j) 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 May 23,
2003, whichever is later. For an existing affected source, you must
submit the Initial Notification no later than 1 year after May 23,
2003.
(c) Notification of Compliance Status. You must submit the
Notification of Compliance Status required by Sec. 63.9(h) no later
than 30 calendar days following the end of the initial compliance
period described in Sec. 63.4940, Sec. 63.4950, or Sec. 63.4960 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 the applicable information specified in Sec.
63.9(h).
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the report. Such certifications must also comply with the
requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d).
(3) Date of the report and beginning and ending dates of the
reporting period. The reporting period is the initial compliance period
described in Sec. 63.4940, Sec. 63.4950, or Sec. 63.4960 that
applies to your affected source.
(4) Identification of the compliance option or options specified in
Sec. 63.4891 that you used on each coating operation in the affected
source during the initial compliance period and that you will use for
demonstrating continuous compliance.
(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 and statement of the cause of the deviation.
(ii) If you failed to meet the applicable emission limit in Sec.
63.4890, include all the calculations you used to determine compliance.
You do not need to submit information provided by material 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. 63.4941(a), (b), or (c). You do not need to submit
copies of any test reports.
(i) Mass fraction of organic HAP for one coating, for one thinner,
and for one cleaning material.
(ii) Volume fraction of coating solids for one coating.
(iii) Density for one coating, one thinner, and one cleaning
material, except that if you use the compliant material option, only
the example coating density is required.
(iv) The amount of waste materials and the mass of organic HAP
contained in the waste materials for which you are

[[Page 28623]]

claiming an allowance in Equation 1 of Sec. 63.4951.
(8) The calculation of the organic HAP emission rate for the
compliance option(s) you used, as specified in paragraphs (c)(8)(i)
through (iii) of this section.
(i) For the compliant materials option, provide an example
calculation of the organic HAP content for one coating, using Equation
2 of Sec. 63.4941.
(ii) For the emission rate without add-on controls option, provide
the information specified in paragraphs (c)(8)(ii)(A) through (C) of
this section.
(A) The calculation of the total mass of organic HAP emissions
during the initial compliance period, using Equation 1 of Sec.
63.4951.
(B) The calculation of the total volume of coating solids used
during the initial compliance period, using Equation 2 of Sec.
63.4951.
(C) The calculation of the organic HAP emission rate for the
initial compliance period, using Equation 3 of Sec. 63.4951.
(iii) For the emission rate with add-on controls option, provide
the information specified in paragraphs (c)(8)(iii)(A) through (D) of
this section.
(A) The calculation of the total mass of organic HAP emissions for
the coatings, thinners, and cleaning materials used during the initial
compliance period, using Equation 1 of Sec. 63.4951.
(B) The calculation of the total volume of coating solids used
during the initial compliance period, using Equation 2 of Sec.
63.4951.
(C) The calculation of the mass of organic HAP emission reduction
during the initial compliance period by emission capture systems and
add-on control devices, using Equation 1 of Sec. 63.4961, and the
calculation of the mass of organic HAP emission reduction for the
coating operations controlled by solvent recovery systems during each
compliance period, using Equation 3 of Sec. 63.4961 as applicable.
(D) The calculation of the organic HAP emission rate for the
initial compliance period, using Equation 4 of Sec. 63.4961.
(9) For the emission rate with add-on controls option, you must
include the information specified in paragraphs (c)(9)(i) through (v)
of this section. However, 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. 63.4961(j).
(i) For each emission capture system, a summary of the data and
copies of the calculations supporting the determination that the
emission capture system is a permanent total enclosure (PTE) or a
measurement of the emission capture system efficiency. Include a
description of the protocol followed for measuring capture efficiency,
summaries of any capture efficiency tests conducted, and any
calculations supporting the capture efficiency determination. If you
use the data quality objective (DQO) or lower confidence limit (LCL)
approach, you must also include the statistical calculations to show
you meet the DQO or LCL criteria in appendix A to subpart KK of this
part. You do not need to submit complete test reports.
(ii) A summary of the results of each add-on control device
performance test. You do not need to submit complete test reports.
(iii) A list of each emission capture system's and add-on control
device's operating limits and a summary of the data used to calculate
those limits.
(iv) A statement of whether or not you developed and implemented
the work practice plan required by Sec. 63.4893.
(v) A statement of whether or not you developed and implemented the
SSMP required by Sec. 63.4900.

Sec. 63.4920 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), such as
those detailed 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.
(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. 63.4940, Sec. 63.4950, or
Sec. 63.4960 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 6-month
monitoring reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent semiannual
compliance reports according to the dates the permitting authority has
established for the 40 CFR part 70 or 40 CFR part 71 6-month monitoring
reports instead of according to the dates specified in paragraph
(a)(1)(iii) of this section. However, under no circumstances shall the
semiannual compliance report be submitted more than 30 days after the
end of the semiannual reporting period established in paragraphs
(a)(1)(i) and (ii) 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 6-month 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 6-month 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 information required by the part 70 or part 71 6-month
monitoring report concerning deviations from the requirements of this
subpart as defined in Sec. 63.4981, the submission of the semiannual
compliance report shall be deemed to satisfy any obligation to report
the same deviation information in the part 70 or part 71 6-month
monitoring report. However, in such situations, the 6-month monitoring
report must cross-reference the semiannual compliance report, and
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)

[[Page 28624]]

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 report. Such certifications must also comply with the
requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d)
(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.
(iv) Identification of the compliance option or options specified
in Sec. 63.4891 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. 63.4891(b)
or (c)), the calculation results for each organic HAP emission rate for
each compliance period ending in the 6-month reporting period.
(4) No deviations. If there were no deviations from the emission
limits, operating limits, and work practice standards in Sec. Sec.
63.4890, 63.4892, and 63.4893, respectively, that apply to you, the
semiannual compliance report must include an affirmative statement that
there were no deviations from the emission limitations, operating
limits, or work practice standards in Sec. Sec. 63.4890, 63.4892, and
63.4893 during the reporting period. If there were no deviations from
the emission limitations in Sec. 63.4890, the semiannual compliance
report must include the affirmative statement that is described in
either Sec. 63.4942(c), Sec. 63.4952(c), or Sec. 63.4962(f), as
applicable. If you used the emission rate with add-on controls option
and there were no periods during which the continuous parameter
monitoring systems (CPMS) were out-of-control as specified in Sec.
63.8(c)(7), the semiannual compliance report must include a statement
that there were no periods during which the CPMS were out-of-control
during the reporting period as specified in Sec. 63.8(c)(7).
(5) Deviations: compliant material option. If you used the
compliant material option, and there was a deviation from the
applicable emission limit in Sec. 63.4890, the semiannual compliance
report must contain the information in paragraphs (a)(5)(i) through
(iv) of this section.
(i) Identification of each coating used that deviated from the
emission limit, and of each thinner and cleaning material used that
contained organic HAP, and the dates and time periods each was used.
(ii) The calculation of the organic HAP content for each coating
identified in paragraph (a)(5)(i) of this section, using Equation 2 of
Sec. 63.4941. You do not need to submit background data supporting
this calculation, for example, information provided by materials
suppliers or manufacturers, or test reports.
(iii) The determination of mass fraction of organic HAP for each
coating, thinner, and cleaning material identified in paragraph
(a)(5)(i) of this section. You do not need to submit background data
supporting this calculation, for example, information provided by
materials 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 any applicable emission limit in Sec. 63.4890,
the semiannual compliance report must contain the information in
paragraphs (a)(6)(i) through (v) of this section. You do not need to
submit background data supporting these calculations, for example,
information provided by materials suppliers or manufacturers, or test
reports.
(i) The beginning and ending dates of each compliance period during
which the organic HAP emission rate exceeded the applicable emission
limit in Sec. 63.4890.
(ii) The calculation of the total mass of organic HAP emissions for
each month, using Equations 1 of Sec. 63.4951.
(iii) The calculation of the total volume of coating solids used
each month, using Equation 2 of Sec. 63.4951.
(iv) The calculation of the organic HAP emission rate for each
month, using Equation 3 of Sec. 63.4951.
(v) 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 any applicable 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 (xvii) of this
section. This includes periods of startup, shutdown, and malfunction
during which deviations occurred. You do not need to submit background
data supporting these calculations, for example, information provided
by materials suppliers or manufacturers, or test reports.
(i) The beginning and ending dates of each compliance period during
which the organic HAP emission rate exceeded the applicable emission
limit in Sec. 63.4890.
(ii) The calculation of the total mass of organic HAP emissions for
the coatings, thinners, and cleaning materials used during each month,
using Equation 1 of Sec. 63.4951 and, if applicable, the calculation
used to determine the total mass of organic HAP in waste materials sent
or designated for shipment to a hazardous waste treatment, storage, and
disposal facility (TSDF) for treatment or disposal during each
compliance period, according to Sec. 63.4951(e)(4).
(iii) The calculation of the total volume of coating solids used,
using Equation 2 of Sec. 63.4951.
(iv) The calculation of the mass of organic HAP emission reduction
each month by emission capture systems and add-on control devices,
using Equation 1 of Sec. 63.4961, and Equation 3 of Sec. 63.4961 for
the calculation of the mass of organic HAP emission reduction for the
coating operation controlled by solvent recovery systems each
compliance period, as applicable.
(v) The calculation of the organic HAP emission rate for each
compliance period, using Equation 4 of Sec. 63.4961.
(vi) The date and time that each malfunction started and stopped.
(vii) A brief description of the CPMS.
(viii) The date of the latest CPMS certification or audit.
(ix) The date and time that each CPMS was inoperative, except for
zero (low-level) and high-level checks.
(x) The date, time, and duration that each CPMS was out-of-control,
including the information in Sec. 63.8(c)(8).
(xi) The date and time period of each deviation from an operating
limit in Table 1 to this subpart; date and time period of any bypass of
the add-on control device; and whether each deviation occurred during a
period of startup, shutdown, or malfunction or during another period.
(xii) A summary of the total duration of each deviation from an
operating limit in Table 1 to this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total
duration as a percent of the total affected source operating time
during that semiannual reporting period.
(xiii) A breakdown of the total duration of the deviations from the
operating limits in Table 1 to this

[[Page 28625]]

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.
(xiv) 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 affected source operating time during that
semiannual reporting period.
(xv) A description of any changes in the CPMS, coating operation,
emission capture system, or add-on control device since the last
semiannual reporting period.
(xvi) 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.
(xvii) A statement of the cause of each deviation.
(b) Performance test reports. If you use the emission rate with
add-on controls option, you must submit reports of performance test
results for emission capture systems and add-on control devices no
later than 60 days after completing the tests as specified in Sec.
63.10(d)(2).
(c) Startup, shutdown, and malfunction reports. If you used the
emission rate with add-on controls option and you had a startup,
shutdown, or malfunction during the semiannual reporting period, you
must submit the reports specified in paragraphs (c)(1) and (2) of this
section.
(1) If your actions were consistent with your SSMP, you must
include the information specified in Sec. 63.10(d)(5) in the
semiannual compliance report required by paragraph (a) of this section.
(2) If your actions were not consistent with your SSMP, you must
submit an immediate startup, shutdown, and malfunction report as
described in paragraphs (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. 63.4930 What records must I keep?

You must collect and keep records of the data and information
specified in this section. Failure to collect and keep these records is
a deviation from the applicable standard.
(a) A copy of each notification and report that you submitted to
comply with this subpart, and the documentation supporting each
notification and report.
(b) A current copy of information provided by materials suppliers
or manufacturers. This would include records pertaining to the design
and manufacturer's specifications for the life of the add-on control
equipment. It would also include information such as manufacturer's
formulation data for the materials used, or test data used to determine
the mass fraction of organic HAP and density for each coating, thinner,
and cleaning material and the volume fraction of coating solids for
each coating. If you conducted testing to determine mass fraction of
organic HAP, density, or volume fraction of coating solids, you must
keep a copy of the complete test report. If you use information
provided to you by the manufacturer or supplier of the material that
was based on testing, you must keep the summary sheet of results
provided to you by the manufacturer or supplier. You are not required
to obtain the test report or other supporting documentation from the
manufacturer or supplier.
(c) For each compliance period, the records specified in paragraphs
(c)(1) through (4) of this section.
(1) A record of the coating operations at which you used each
compliance option and the time periods (beginning and ending dates and
times) you used each option.
(2) For the compliant material option, a record of the calculation
of the organic HAP content for each coating, using Equation 2 of Sec.
63.4941.
(3) For the emission rate without add-on controls option, a record
of the calculation of the total mass of organic HAP emissions for the
coatings, thinners, and cleaning materials used during each compliance
period, using Equation 1 of Sec. 63.4951 and, if applicable, the
calculation used to determine the total mass of organic HAP in waste
materials sent or designated for shipment to a hazardous waste TSDF for
treatment or disposal during each compliance period, according to Sec.
63.4951(e)(4); the calculation of the total volume of coating solids
used during each compliance period, using Equation 2 of Sec. 63.4951;
and the calculation of the organic HAP emission rate for each
compliance period, using Equation 3 of Sec. 63.4951.
(4) For the emission rate with add-on controls option, records of
the calculations specified in paragraphs (c)(4)(i) through (iv) of this
section.
(i) The calculation of the total mass of organic HAP emissions for
the coatings, thinners, and cleaning materials used during each
compliance period, using Equation 1 of Sec. 63.4951 and, if
applicable, the calculation used to determine the total mass of organic
HAP in waste materials sent or designated for shipment to a hazardous
waste TSDF for treatment or disposal during each compliance period,
according to Sec. 63.4951(e)(4);
(ii) The calculation of the total volume of coating solids used
during each compliance period, using Equation 2 of Sec. 63.4951;
(iii) The calculation of the mass of organic HAP emission reduction
by emission capture systems and add-on control devices, using Equation
1 of Sec. 63.4961, and the calculation of the mass of organic HAP
emission reduction for the coating operation controlled by a solvent
recovery system during the compliance period, using Equation 3 of Sec.
63.4961, as applicable;
(iv) The calculation of the organic HAP emission rate for each
compliance period, using Equation 4 of Sec. 63.4961.
(d) A record of the name and volume of each coating, thinner, and
cleaning material used during each compliance period.
(e) A record of the mass fraction of organic HAP for each coating,
thinner, and cleaning material used during each compliance period.
(f) A record of the volume fraction of coating solids for each
coating used during each compliance period.
(g) If a determination of density is required by the compliance
option(s) you used to demonstrate compliance with the emission limit, a
record of the density for each coating used during each compliance
period; and, if you use either the emission rate without add-on
controls or the emission rate with add-on controls compliance option,
the density for each thinner and cleaning material used during each
compliance period.
(h) If you use an allowance in Equation 1 of Sec. 63.4951 for
organic HAP contained in waste materials sent to or designated for
shipment to a TSDF according to Sec. 63.4951(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

[[Page 28626]]

Equation 1 of Sec. 63.4951, 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.
63.4951.
(3) The methodology used in accordance with Sec. 63.4951(e)(4) to
determine the total amount of waste materials sent to or the amount
collected, stored, and designated for transport to a TSDF each month;
and the methodology to determine the mass of organic HAP contained in
these waste materials. This must include the sources for all data used
in the determination, methods used to generate the data, frequency of
testing or monitoring, and supporting calculations and documentation,
including the waste manifest for each shipment.
(i) [Reserved]
(j) You must keep records of the date, time, and duration of each
deviation.
(k) If you use the emission rate with add-on controls option, you
must keep the records specified in paragraphs (k)(1) through (8) of
this section.
(1) For each deviation, a record of whether the deviation occurred
during a period of startup, shutdown, or malfunction.
(2) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(3) The records required to show continuous compliance with each
operating limit specified in Table 1 to this subpart that applies to
you.
(4) For each capture system that is a PTE, the data and
documentation you used to support a determination that the capture
system meets the criteria in Method 204 of appendix M to 40 CFR part 51
for a PTE and has a capture efficiency of 100 percent, as specified in
Sec. 63.4964(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. 63.4963 and 63.4964(b) through
(e), including the records specified in paragraphs (k)(5)(i) through
(iii) of this section that apply to you.
(i) Records for a liquid-to-uncaptured-gas protocol using a
temporary total enclosure or building enclosure. Records of the mass of
total volatile hydrocarbon (TVH) as measured by Method 204A or F of
appendix M to 40 CFR part 51 for each material used in the coating
operation, and the total TVH for all materials used, during each
capture efficiency test run, including a copy of the test report.
Records of the mass of TVH emissions not captured by the capture system
that exited the temporary total enclosure or building enclosure during
each capture efficiency test run, as measured by Method 204D or E of
appendix M to 40 CFR part 51, including a copy of the test report.
Records documenting that the enclosure used for the capture efficiency
test met the criteria in Method 204 of appendix M to 40 CFR part 51 for
either a temporary total enclosure or a building enclosure.
(ii) Records for a gas-to-gas protocol using a temporary total
enclosure or a building enclosure. Records of the mass of TVH emissions
captured by the emission capture system as measured by Method 204B or C
of appendix M to 40 CFR part 51 at the inlet to the add-on control
device, including a copy of the test report. Records of the mass of TVH
emissions not captured by the capture system that exited the temporary
total enclosure or building enclosure during each capture efficiency
test run, as measured by Method 204D or E of appendix M to 40 CFR part
51, including a copy of the test report. Records documenting that the
enclosure used for the capture efficiency test met the criteria in
Method 204 of appendix M to 40 CFR part 51 for either a temporary total
enclosure or a building enclosure.
(iii) Records for an alternative protocol. Records needed to
document a capture efficiency determination using an alternative method
or protocol as specified in Sec. 63.4964(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. 63.4965.
(i) Records of each add-on control device performance test
conducted according to Sec. Sec. 63.4963 and 63.4965.
(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. 63.4966 and to document compliance with the
operating limits as specified in Table 1 to this subpart.
(8) A record of the work practice plan required by Sec. 63.4893
and documentation that you are implementing the plan on a continuous
basis.

Sec. 63.4931 In what form and for how long must I keep my records?

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

Compliance Requirements for the Compliant Material Option

Sec. 63.4940 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.
63.4941. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.4883 and ends on the last day of
the first full month following the compliance date. The initial
compliance demonstration includes the calculations according to Sec.
63.4941 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. 63.4890, and you used
no thinners or cleaning materials that contained organic HAP.

Sec. 63.4941 How do I demonstrate initial compliance with the
emission limitations?

You may use the compliant material option for any individual
coating operation, for any group of coating operations in the affected
source, or for all the coating operations in the affected source to
demonstrate compliance with an organic HAP emission limit. You must use
either the emission rate without add-on controls option or the emission
rate with add-on controls option for any coating operation in the
affected source for which you do not use this option. To demonstrate
initial compliance using the compliant material option, during the
compliance period the coating operation or group of coating operations
must use no coating with an organic HAP content that exceeds the
applicable emission limit in

[[Page 28627]]

Sec. 63.4890 and must use no thinner or cleaning material that
contains organic HAP as determined according to this section. Any
coating operation for which you use the compliant material option is
not required to comply with the operating limits or work practice
standards required in Sec. Sec. 63.4892 and 63.4893, respectively. To
demonstrate initial compliance with the emission limitations using the
compliant material option, you must meet all the requirements of this
section for the coating operation or group of coating operations using
this option. Use the procedures in this section for each coating,
thinner, and cleaning material in the condition it is in when it is
received from its manufacturer or supplier and prior to any alteration.
You do not need to redetermine the organic HAP content of cleaning
materials that are reclaimed and reused onsite provided these materials
in their condition as received were demonstrated to comply with the
compliant material option.
(a) Determine the mass fraction of organic HAP for each material
used. You must determine the mass fraction of organic HAP for each
coating, thinner, and cleaning material used during the compliance
period by using one of the options in paragraphs (a)(1) through (5) of
this section.
(1) Method 311 (appendix A to 40 CFR part 63). You may use Method
311 for determining the mass fraction of organic HAP. Use the
procedures specified in paragraphs (a)(1)(i) and (ii) of this section
when performing a Method 311 test.
(i) Count each organic HAP that is measured to be present at 0.1
percent by mass or more for Occupational Safety and Health
Administration (OSHA)-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) and at 1.0 percent by mass or more for other organic
HAP compounds. For example, if toluene (not an OSHA carcinogen) is
measured to be 0.5 percent of the material by mass, you do not have to
count it. Express the mass fraction of each organic HAP you count as a
value truncated to four places after the decimal point (for example,
0.3791).
(ii) Calculate the total mass fraction of organic HAP in the test
material by adding up the individual organic HAP mass fractions and
truncating the result to three places after the decimal point (for
example, 0.763).
(2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may
use Method 24 to determine the mass fraction of nonaqueous volatile
matter and use that value as a substitute for mass fraction of organic
HAP.
(3) Alternative method. You may use an alternative test method for
determining the mass fraction of organic HAP once the Administrator has
approved it. You must follow the procedure in Sec. 63.7(f) to submit
an alternative test method for approval.
(4) Information from the supplier or manufacturer of the material.
You may rely on information other than that generated by the test
methods specified in paragraphs (a)(1) through (3) of this section,
such as manufacturer's formulation data, if 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 organic HAP compounds. For example, if
toluene (not an OSHA carcinogen) is 0.5 percent of the material by
mass, you do not have to count it. If there is a disagreement between
such information and results of a test conducted according to
paragraphs (a)(1) through (3) of this section, then the test method
results will take precedence.
(5) Solvent blends. Solvent blends may be listed as single
components for some materials in data provided by manufacturers or
suppliers. Solvent blends may contain organic HAP which must be counted
toward the total organic HAP mass fraction of the materials. When test
data and manufacturer's data for solvent blends are not available, you
may use the default values for the mass fraction of organic HAP in
these solvent blends listed in Table 3 or 4 to this subpart. If you use
the tables, you must use the values in Table 3 for all solvent blends
that match Table 3 entries, and you may only use Table 4 if the solvent
blends in the materials you use do not match any of the solvent blends
in Table 3, and you only know whether the blend is aliphatic or
aromatic. However, if the results of a Method 311 test indicate higher
values than those listed on Table 3 or 4 of this subpart, the Method
311 results will take precedence.
(b) Determine the volume fraction of coating solids for each
coating. You must determine the volume fraction of coating solids
(liters of coating solids per liter of coating) for each coating used
during the compliance period by a test or by information provided by
the supplier or the manufacturer of the material, as specified in
paragraphs (b)(1), (2), and (3) 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) or (3) of this
section, the test results will take precedence.
(1) Test results. You may use ASTM Method D2697-86 (Reapproved
1998), ``Standard Test Method for Volume Nonvolatile Matter in Clear or
Pigmented Coatings'' (incorporated by reference, see Sec. 63.14), or
D6093-97, ``Standard Test Method for Percent Volume Nonvolatile Matter
in Clear or Pigmented Coatings Using a Helium Gas Pycnometer''
(incorporated by reference, see Sec. 63.14), to determine the volume
fraction of coating solids for each coating. Divide the nonvolatile
volume percent obtained with the methods by 100 to calculate volume
fraction of coating solids. Alternatively, you may use another test
method once you obtain approval from the Administrator according to the
requirements of Sec. 63.7(f).
(2) Information from the supplier or manufacturer of the material.
You may obtain the volume fraction of coating solids for each coating
from the supplier or manufacturer.
(3) Calculation of volume fraction of coating solids. If the volume
fraction of coating solids cannot be determined using the options in
paragraphs (b)(1) and (2) of this section, you must determine it using
Equation 1 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.019

Where:
V_s = Volume fraction of coating solids, liters coating
solids per liter coating.
M_volatiles = Total volatile matter content of the coating,
including HAP, volatile organic compounds (VOC), water, and exempt
compounds, determined according to Method 24 in appendix A of 40 CFR
part 60, grams volatile matter per liter coating.
D_avg = Average density of volatile matter in the coating,
grams volatile matter per liter volatile matter, determined from test
results using ASTM Method D1475-90, information from the supplier or
manufacturer of the material, or reference sources providing density or
specific gravity data for pure materials. If there is disagreement
between ASTM Method D1475-90 test results and other information
sources, the test results will take precedence.

(c) Determine the density of each coating. You must determine the
density of each coating used during the compliance period from test
results using ASTM Method D1475-90 or information from the supplier or
manufacturer of the material. If there is disagreement between ASTM
Method

[[Page 28628]]

D1475-90 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 2 of
this section, except that if the mass fraction of organic HAP in the
coating equals zero, then the organic HAP content also equals zero and
you are not required to use Equation 2 to calculate the organic HAP
content.
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.020

Where:
H_c = Organic HAP content of the coating, kg organic HAP per
liter coating solids.
D_c = Density of coating, kg coating per liter coating,
determined according to paragraph (c) of this section.
W_c = Mass fraction of organic HAP in the coating, kg organic
HAP per kg coating, determined according to paragraph (a) of this
section.
V_s = Volume fraction of coating solids, liter coating solids
per liter coating, determined according to paragraph (b) of this
section.

(e) Compliance demonstration. The calculated organic HAP content
for each coating used during the initial compliance period must be less
than or equal to the applicable emission limit in Sec. 63.4890 and
each thinner and cleaning material used during the initial compliance
period must contain no organic HAP, determined according to paragraph
(a) of this section. You must keep all records required by Sec. Sec.
63.4930 and 63.4931. As part of the Notification of Compliance Status
required in Sec. 63.4910(c) and the semiannual compliance reports
required in Sec. 63.4920, you must identify each coating operation and
group of coating operations for which you used the compliant material
option. If there were no deviations from the emission limit, include a
statement that each was in compliance with the emission limitations
during the initial compliance period because it used no coatings for
which the organic HAP content exceeded the applicable emission limit in
Sec. 63.4890, and it used no thinners or cleaning materials that
contained organic HAP.

Sec. 63.4942 How do I demonstrate continuous compliance with the
emission limitations?

(a) Following the initial compliance period, you must complete a
compliance demonstration according to the requirements in Sec.
63.4941(e) for each subsequent compliance period. Each month following
the initial compliance period described in Sec. 63.4940 is a
compliance period.
(b) If you choose to comply with the emission limitations by using
the compliant material option, the use of any coating, thinner, or
cleaning material that does not meet the criteria specified in
paragraph (a) of this section is a deviation from the emission
limitations that must be reported as specified in Sec. Sec.
63.4910(c)(6) and 63.4920(a)(5).
(c) As part of each semiannual compliance report required by Sec.
63.4920, you must identify the coating operation or group of coating
operations for which you used the compliant material option. If there
were no deviations from the emission limits in Sec. 63.4890, submit an
affirmative statement that the coating operation or group of coating
operations was 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. 63.4890, and
you used no thinner or cleaning material that contained organic HAP.
(d) You must maintain records as specified in Sec. Sec. 63.4930
and 63.4931.

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

Sec. 63.4950 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.
63.4951. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.4883 and ends on the last day of
the first full month following the compliance date. The initial
compliance demonstration includes the calculations showing that the
organic HAP emission rate for the initial compliance period was equal
to or less than the applicable emission limit in Sec. 63.4890.

Sec. 63.4951 How do I demonstrate initial compliance with the
emission limitations?

You may use the emission rate without add-on controls option for
any individual coating operation, for any group of coating operations
in the affected source, or for all the coating operations in the
affected source to demonstrate compliance with an organic HAP emission
limit. You must use either the compliant material option or the
emission rate with add-on controls option for any coating operation in
the affected source for which you do not use this option. To
demonstrate initial compliance using the emission rate without add-on
controls option, the coating operation or group of coating operations
must comply with the applicable emission limit in Sec. 63.4890, but is
not required to meet the operating limits or work practice standards in
Sec. Sec. 63.4892 and 63.4893, respectively. You must meet all the
requirements of this section to demonstrate initial compliance with the
applicable emission limit in Sec. 63.4890 for the coating operation or
group of coating operations. When calculating the organic HAP emission
rate according to this section, do not include any coatings, thinners,
or cleaning materials used on coating operations for which you use the
compliant material option or the emission rate with add-on controls
option. You do not need to include organic HAP in coatings, thinners,
or cleaning materials that have been reclaimed onsite and reused in the
coating operation for which you use the emission rate without add-on
controls option.
(a) Determine the mass fraction of organic HAP for each material.
You must determine the mass fraction of organic HAP for each coating,
thinner, and cleaning material used during the compliance period
according to the requirements in Sec. 63.4941(a).
(b) Determine the volume fraction of coating solids for each
coating. You must determine the volume fraction of coating solids for
each coating used during the compliance period according to the
requirements in Sec. 63.4941(b).
(c) Determine the density of each material. You must determine the
density of each coating, thinner, and cleaning material used during the
compliance period according to the requirements in Sec. 63.4941(c)
from test results using ASTM Method D1475-90, information from the
supplier or manufacturer of the material, or reference sources
providing density or specific gravity data for pure materials. If there
is disagreement between ASTM Method D1475-90 test results and such
other information sources, the test results will take precedence.
(d) Determine the volume of each material used. You must determine
the volume (liters) of each coating, thinner, and cleaning material
used during the compliance period by measurement or usage records.
(e) Calculate the mass of organic HAP emissions. The mass of
organic HAP emissions is the combined mass of organic HAP contained in
all coatings, thinners, and cleaning materials used during the
compliance period minus the organic HAP in certain waste materials.

[[Page 28629]]

Use Equation 1 of this section to calculate the mass of organic HAP
emissions:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.021

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

(1) Calculate the mass of organic HAP in the coatings used during
the compliance period, using Equation 1A of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.022

Where:
A = Total mass of organic HAP in the coatings used during the
compliance period, kg.
Vol_c,i = Total volume of coating, i, used during the
compliance period, liters.
D_c,i = Density of coating, i, kg coating per liter coating.
W_c,i = Mass fraction of organic HAP in coating, i, kg
organic HAP per kg coating.
m = Number of different coatings used during the compliance period.

(2) Calculate the mass of organic HAP in the thinners used during
the compliance period, using Equation 1B of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.023

Where:
B = Total mass of organic HAP in the thinners used during the
compliance period, kg.
Vol_t,j = Total volume of thinner, j, used during the
compliance period, liters.
D_t,j = Density of thinner, j, kg per liter.
W_t,j = Mass fraction of organic HAP in thinner, j, kg
organic HAP per kg thinner.
n = Number of different thinners used during the compliance period.

(3) Calculate the mass of organic HAP in the cleaning materials
used during the compliance period using Equation 1C of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.024

Where:
C = Total mass of organic HAP in the cleaning materials used during the
compliance period, kg.
Vol_s,k = Total volume of cleaning material, k, used during
the compliance period, liters.
D_s,k = Density of cleaning material, k, kg per liter.
W_s,k = Mass fraction of organic HAP in cleaning material, k,
kg organic HAP per kg material.
p = Number of different cleaning materials used during the compliance
period.

(4) If you choose to account for the mass of organic HAP contained
in waste materials sent or designated for shipment to a hazardous waste
TSDF in the calculation of the total mass of organic HAP emissions
during the compliance period in Equation 1 of this section, then you
must determine the total mass of organic HAP in waste materials sent or
designated for shipment to a hazardous waste TSDF for treatment or
disposal during each compliance period, according to paragraphs
(e)(4)(i) through (iv) of this section.
(i) You may include in the determination of the total mass of
organic HAP in waste materials sent or designated for shipment to a
hazardous waste TSDF for treatment or disposal during each compliance
period 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 in the determination of the total mass of organic HAP in
waste materials sent or designated for shipment to a hazardous waste
TSDF for treatment or disposal during each compliance period only waste
materials that are generated by coating operations the organic HAP
contained in wastewater, nor the organic HAP contained in any waste
material reused during the same compliance period.
(ii) You must determine either the amount of the waste materials
sent to a TSDF during the compliance period or the amount collected and
stored during the compliance period and designated for future transport
to a TSDF. Do not include in your determination of the total mass of
organic HAP in waste materials sent or designated for shipment to a
hazardous waste TSDF for treatment or disposal during each compliance
period only waste materials that are generated by coating operations
any waste materials sent to a TSDF during a compliance period if you
have already included them in the amount collected and stored during
that or a previous compliance period.
(iii) Determine the total mass of organic HAP contained in the
waste materials specified in paragraph (e)(4)(ii) of this section.
(iv) You must document your methodology to determine the amount of
waste materials and the total mass of organic HAP they contain, as
required in Sec. 63.4930(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. Calculate
the total volume of coating solids used, which is the combined volume
of coating solids for all the coatings used during the compliance
period, using Equation 2 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.025

Where:
V_st = Total volume of coating solids used during the
compliance period, liters.
Vol_c,i = Total volume of coating, i, used during the
compliance period, liters.
V_s,i = Volume fraction of coating solids for coating, i,
liter solids per liter coating, determined according to Sec.
63.4941(b).
m = Number of coatings used during the compliance period.

(g) Calculate the organic HAP emission rate. Calculate the organic
HAP emission rate for the compliance period, kg organic HAP per liter
coating solids used, using Equation 3 of this section:

[[Page 28630]]
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.026

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

(h) Compliance demonstration. The calculated organic HAP emission
rate for the initial compliance period must be less than or equal to
the applicable emission limit in Sec. 63.4890. You must keep all
records as required by Sec. Sec. 63.4930 and 63.4931. As part of the
Notification of Compliance Status required by Sec. 63.4910 and the
semiannual compliance reports required in Sec. 63.4920, you must
identify the coating operation or group of coating operations for which
you used the emission rate without add-on controls option. If there
were no deviations from the emission limit, include a statement that
the coating operation or group of coating operations was 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. 63.4890, determined according to
this section.

Sec. 63.4952 How do I demonstrate continuous compliance with the
emission limitations?

(a) Following the initial compliance period, you must complete a
compliance demonstration according to the requirements in Sec.
63.4951(h) for each subsequent compliance period. Each month following
the initial compliance period described in Sec. 63.4950 is a
compliance period.
(b) If the organic HAP emission rate for any compliance period
exceeded the applicable emission limit in Sec. 63.4890, this is a
deviation from the emission limitations for that compliance period and
must be reported as specified in Sec. Sec. 63.4910(c)(6) and
63.4920(a)(6).
(c) As part of each semiannual compliance report required by Sec.
63.4920, you must identify the coating operation or group of coating
operations for which you used the emission rate without add-on controls
option. If there were no deviations from the emission limitations, you
must submit an affirmative statement that the coating operation or
group of coating operations was 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. 63.4890.
(d) You must maintain records as specified in Sec. Sec. 63.4930
and 63.4931.

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

Sec. 63.4960 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. 63.4883. Except for solvent recovery systems
for which you conduct liquid-liquid material balances according to
Sec. 63.4961(j), you must conduct a performance test of each capture
system and add-on control device according to Sec. Sec. 63.4963,
63.4964, and 63.4965, and establish the operating limits required by
Sec. 63.4892, no later than 180 days after the applicable compliance
date specified in Sec. 63.4883. For a solvent recovery system for
which you conduct liquid-liquid material balances according to Sec.
63.4961(j), you must initiate the first material balance no later than
180 days after the applicable compliance date specified in Sec.
63.4883.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.4893 no later than the compliance date specified
in Sec. 63.4883.
(3) You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of Sec.
63.4961. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.4883 and ends on the last day of
the first full month following the compliance date. The initial
compliance demonstration includes the results of emission capture
system and add-on control device performance tests conducted according
to Sec. Sec. 63.4963, 63.4964, and 63.4965; results of liquid-liquid
material balances conducted according to Sec. 63.4961(j); calculations
showing whether the organic HAP emission rate for the initial
compliance period was equal to or less than the emission limit in Sec.
63.4890; the operating limits established during the performance tests
and the results of the continuous parameter monitoring required by
Sec. 63.4967; and documentation of whether you developed and
implemented the work practice plan required by Sec. 63.4893.
(4) You do not need to comply with the operating limits for the
emission capture system and add-on control device required by Sec.
63.4892 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 (a)(4) do
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances.
(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. 63.4883. Except for solvent recovery systems
for which you conduct liquid-liquid material balances according to
Sec. 63.4961(j), you must conduct a performance test of each capture
system and add-on control device according to the procedures in
Sec. Sec. 63.4963, 63.4964, and 63.4965, and establish the operating
limits required by Sec. 63.4892, no later than the compliance date
specified in Sec. 63.4883. For a solvent recovery system for which you
conduct liquid-liquid material balances according to Sec. 63.4961(j),
you must initiate the first material balance no later than the
compliance date specified in Sec. 63.4883.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.4893 no later than the compliance date specified
in Sec. 63.4883.
(3) You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of Sec.
63.4961. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.4883 and ends on the last day of
the first full month following the compliance date. The initial
compliance demonstration includes the results of emission capture
system and add-on control device performance tests conducted according
to Sec. Sec. 63.4963, 63.4964, and 63.4965; results of liquid-liquid
material balances conducted according to Sec. 63.4961(j); calculations
showing whether the organic HAP

[[Page 28631]]

emission rate for the initial compliance period was equal to or less
than the emission limit in Sec. 63.4890(c); the operating limits
established during the performance tests and the results of the
continuous parameter monitoring required by Sec. 63.4967; and
documentation of whether you developed and implemented the work
practice plan required by Sec. 63.4893.

Sec. 63.4961 How do I demonstrate initial compliance?

(a) When add-on controls are used. You may use the emission rate
with add-on controls option for any coating operation, for any group of
coating operations in the affected source, or for all of the coating
operations in the affected source. You may include both controlled and
uncontrolled coating operations in a group for which you use this
option. You must use either the compliant material option or the
emission rate without add-on controls option for any coating operation
in the affected source for which you do not use the emission rate with
add-on controls option. To demonstrate initial compliance, the coating
operation or group of coating operations for which you use the emission
rate with add-on controls option must meet the applicable emission
limit in Sec. 63.4890, and each controlled coating operation must meet
the operating limits and work practice standards required in Sec. Sec.
63.4892 and 63.4893, respectively. You must meet all the requirements
of this section to demonstrate initial compliance with the emission
limitations. When calculating the organic HAP emission rate according
to this section, do not include any coatings, thinners, or cleaning
materials used on coating operations for which you use the compliant
material option or the emission rate without add-on controls option.
(b) Compliance with operating limits. Except as provided in Sec.
63.4960(a)(4), you must establish and demonstrate continuous compliance
during the initial compliance period with the operating limits required
by Sec. 63.4892, using the procedures specified in Sec. Sec. 63.4966
and 63.4967.
(c) Compliance with work practice requirements. You must develop,
implement, and document your implementation of the work practice plan
required by Sec. 63.4893 during the initial compliance period, as
specified in Sec. 63.4930.
(d) Compliance with emission limits. You must follow the procedures
in paragraphs (e) through (m) of this section to demonstrate compliance
with the applicable emission limit in Sec. 63.4890.
(e) Determine the mass fraction of organic HAP, density, volume
used, and volume fraction of coating solids. Follow the procedures
specified in Sec. 63.4951(a) through (d) to determine the mass
fraction of organic HAP, density, and volume of each coating, thinner,
and cleaning material used during each compliance period and the volume
fraction of coating solids for each coating used during each compliance
period.
(f) Calculate the total mass of organic HAP emissions before add-on
controls. Using Equation 1 of Sec. 63.4951, calculate the total mass
of organic HAP emissions before add-on controls from all coatings,
thinners, and cleaning materials used during the compliance period.
(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
compliance period. 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 controlled
coating operations not using liquid-liquid material balance. For each
controlled coating operation using an emission capture system and add-
on control device other than a solvent recovery system for which you
conduct liquid-liquid material balances, calculate the organic HAP
emission reduction, using Equation 1 of this section. The calculation
applies the emission capture system efficiency and add-on control
device efficiency to the mass of organic HAP contained in the coatings,
thinners, and cleaning materials that are used in the coating operation
served by the emission capture system and add-on control device during
the compliance period. For any period of time a deviation specified in
Sec. 63.4962(c) or (d) occurs in the controlled coating operation,
including a deviation during a period of startup, shutdown, or
malfunction, you must assume zero efficiency for the emission capture
system and add-on control device. Equation 1 of this section treats the
materials used during such a deviation as if they were used on an
uncontrolled coating operation for the time period of the deviation:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.027

Where:
H_R = Mass of organic HAP emission reduction for the
controlled coating operation during the compliance period, kg.
A_I = Total mass of organic HAP in the coatings used in the
controlled coating operation during the compliance period, excluding
coatings used during deviations, kg, as calculated in Equation 1A of
this section.
B_I = Total mass of organic HAP in the thinners used in the
controlled coating operation during the compliance period, excluding
thinners used during deviations, kg, as calculated in Equation 1B of
this section.
C_I = Total mass of organic HAP in the cleaning materials
used in the controlled coating operation during the compliance period,
excluding cleaning materials used during deviations, kg, as calculated
in Equation 1C of this section.
R_w = Total mass of organic HAP in waste materials sent or
designated for shipment to a hazardous waste TSDF for treatment or
disposal during the compliance period, kg, determined according to
Sec. 63.4951(e)(4). The mass of any waste material reused during the
same compliance period may not be included in R_w. (You may
assign a

[[Page 28632]]

value of zero to R_w if you do not wish to use this
allowance.)
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. 63.4963 and 63.4964 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. 63.4963 and 63.4965 to measure and record the organic HAP
destruction or removal efficiency.
H_unc = Total mass of organic HAP in the coatings, thinners,
and cleaning materials used during all deviations specified in Sec.
63.4962(c) and (d) that occurred during the compliance period in the
controlled coating operation, kg, as calculated in Equation 1D of this
section.

(1) Calculate the mass of organic HAP in the coatings used in the
controlled coating operation, using Equation 1A of this section. Do not
include in the calculation the coatings used during any deviation
specified in Sec. 63.4962(c) or (d) that occurred during the month.
Include such coatings in the calculation of the total mass of organic
HAP in the coatings, thinners, and cleaning materials used during all
deviations that occurred during the compliance period in the controlled
coating operation in Equation 1D of this section.
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.028

Where:
A_I = Total mass of organic HAP in the coatings used in the
controlled coating operation during the compliance period, excluding
coatings used during deviations, kg.
Vol_c,i= Total volume of coating, i, used during the
compliance period except during deviations, liters.
D_c,i = Density of coating, i, kg per liter.
W_c,i = Mass fraction of organic HAP in coating, i, kg per
kg.
m = Number of different coatings used.

(2) Calculate the mass of organic HAP in the thinners used in the
controlled coating operation, using Equation 1B of this section. Do not
include in the calculation the thinners used during any deviation
specified in Sec. 63.4962(c) or (d) that occurred during the month.
Include such coatings in the calculation of the total mass of organic
HAP in the coatings, thinners, and cleaning materials used during all
deviations that occurred during the compliance period in the controlled
coating operation in Equation 1D of this section.
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.029

Where:
B_I = Total mass of organic HAP in the thinners used in the
controlled coating operation during the compliance period, excluding
thinners used during deviations, kg.
Vol_t,j = Total volume of thinner, j, used during the
compliance period except during deviations, liters.
D_t,j = Density of thinner, j, kg per liter.
W_t,j = Mass fraction of organic HAP in thinner, j, kg per
kg.
n = Number of different thinners used.

(3) Calculate the mass of organic HAP in the cleaning materials
used in the controlled coating operation, using Equation 1C of this
section. Do not include in the calculation the cleaning materials used
during any deviation specified in Sec. 63.4962(c) or (d) that occurred
during the compliance period. Include such cleaning materials in the
calculation of the total mass of organic HAP in the coatings, thinners,
and cleaning materials used during all deviations that occurred during
the compliance period in the controlled coating operation in Equation
1D of this section.
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.030

Where:
C_I = Total mass of organic HAP in the cleaning materials
used in the controlled coating operation during the compliance period,
excluding cleaning materials used during deviations, kg.
Vol_s,k = Total volume of cleaning material, k, used during
the compliance period except during deviations, liters.
D_s,k = Density of cleaning material, k, kg per liter.
W_s,k = Mass fraction of organic HAP in cleaning material, k,
kg per kg.
p = Number of different cleaning materials used.

(4) Calculate the mass of organic HAP in the coatings, thinners,
and cleaning materials used in the controlled coating operation during
deviations specified in Sec. 63.4962(c) and (d), using Equation 1D of
this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.031

Where:
H_unc = Total mass of organic HAP in the coatings, thinners,
and cleaning materials used during all deviations specified in Sec.
63.4962(c) and (d) that occurred during the compliance period in the
controlled coating operation, kg.
Vol_h = Total volume of coating, thinner, or cleaning
material, h, used in the controlled coating operation during
deviations, liters.
D_h = Density of coating, thinner, or cleaning material, h,
kg per liter.
W_h = Mass fraction of organic HAP in coating, thinner, or
cleaning material, h, kg organic HAP per kg coating.
q = Number of different coatings, thinning solvents, or cleaning
materials.

(i) [Reserved]
(j) Calculate the organic HAP emission reduction for controlled
coating operations using liquid-liquid material balance. For each
controlled coating operation using a solvent recovery system for which
you conduct liquid-liquid material balances, calculate the organic HAP
emission reduction by applying the volatile organic matter collection
and recovery efficiency to the mass of organic HAP contained in the
coatings, thinners, and cleaning materials that are used in the coating
operation controlled by the solvent recovery system during the
compliance period. Perform a liquid-liquid material balance for each
compliance period 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, you must install, calibrate,
maintain, and operate according to the manufacturer's specifications, a
device that indicates the cumulative amount of volatile organic matter
recovered by the solvent recovery system each compliance period. The
device must be initially certified by the manufacturer to be accurate
to within +/-2.0 percent of the mass of volatile organic matter
recovered.
(2) For each solvent recovery system, determine the mass of
volatile organic matter recovered for the compliance period, based on
measurement with the device required in paragraph (j)(1) of this
section.
(3) Determine the mass fraction of volatile organic matter for each
coating, thinner, and cleaning material used in the coating operation
controlled by the solvent recovery system during the compliance period.
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

[[Page 28633]]

information provided by the manufacturer or supplier of the coating. In
the event of any inconsistency between information provided by the
manufacturer or supplier and the results of Method 24 of 40 CFR part
60, appendix A, or an approved alternative method, the test method
results will govern.
(4) Determine the density of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the compliance period according to Sec.
63.4951(c).
(5) Measure the volume of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the compliance period.
(6) For each compliance period, calculate the solvent recovery
system's volatile organic matter collection and recovery efficiency,
using Equation 2 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.032

Where:
R_V = Volatile organic matter collection and recovery
efficiency of the solvent recovery system during the compliance period,
percent.
M_VR = Mass of volatile organic matter recovered by the
solvent recovery system during the compliance period, kg.
Vol_i = Volume of coating, i, used in the coating operation
controlled by the solvent recovery system during the compliance period,
liters.
D_i = Density of coating, i, kg per liter.
WV_c,i = Mass fraction of volatile organic matter for
coating, i, kg volatile organic matter per kg coating.
Vol_j = Volume of thinner, j, used in the coating operation
controlled by the solvent recovery system during the compliance period,
liters.
D_j = Density of thinner, j, kg per liter.
WV_t,j = Mass fraction of volatile organic matter for
thinner, j, kg volatile organic matter per kg thinner.
Vol_k = Volume of cleaning material, k, used in the coating
operation controlled by the solvent recovery system during the
compliance period, liters.
D_k = Density of cleaning material, k, kg per liter.
WV_s,k = Mass fraction of volatile organic matter for
cleaning material, k, kg volatile organic matter per kg cleaning
material.
m = Number of different coatings used in the coating operation
controlled by the solvent recovery system during the compliance period.
n = Number of different thinners used in the coating operation
controlled by the solvent recovery system during the compliance period.
p = Number of different cleaning materials used in the coating
operation controlled by the solvent recovery system during the
compliance period.

(7) Calculate the mass of organic HAP emission reduction for the
coating operation controlled by the solvent recovery system during the
compliance period, using Equation 3 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.033

Where:
H_CSR = Mass of organic HAP emission reduction for the
coating operation controlled by the solvent recovery system during the
compliance period, kg.
A_CSR = 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.
B_CSR = 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.
C_CSR = Total mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery
system, kg, calculated using Equation 3C of this section.
R_V = 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]
TR23MY03.034

Where:
A_CSR = Total mass of organic HAP in the coatings used in the
coating operation controlled by the solvent recovery system during the
month, kg.
Vol_c,i = Total volume of coating, i, used during the month
in the coating operation controlled by the solvent recovery system,
liters.
D_c,i = Density of coating, i, kg coating per liter coating.
W_c,i = Mass fraction of organic HAP in coating, i, kg
organic HAP per kg coating.
m = Number of different coatings used.

(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]
TR23MY03.035

Where:
B_CSR = Total mass of organic HAP in the thinners used in the
coating operation controlled by the solvent recovery system during the
month, kg.
Vol_t,j = Total volume of thinner, j, used during the month
in the coating operation controlled by the solvent recovery system,
liters.
D_t,j = Density of thinner, j, kg thinner per liter thinner.
W_t,j = Mass fraction of organic HAP in thinner, j, kg
organic HAP per kg thinner.
n = Number of different thinners used.

[[Page 28634]]

(iii) Calculate the mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery system
during the month, using Equation 3C of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.036

Where:
C_CSR = Total mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery system
during the month, kg.
Vol_s,k = Total volume of cleaning material, k, used during
the month in the coating operation controlled by the solvent recovery
system, liters.
D_s,k = Density of cleaning material, k, kg cleaning material
per liter cleaning material.
W_s,k = Mass fraction of organic HAP in cleaning material, k,
kg organic HAP per kg cleaning material.
p = Number of different cleaning materials used.

(k) Calculate the total volume of coating solids used. Calculate
the total volume of coating solids used, which is the combined volume
of coating solids for all the coatings used during the compliance
period, using Equation 2 of Sec. 63.4951.
(l) Calculate the organic HAP emissions rate. Calculate the organic
HAP emission rate to the atmosphere, using Equation 4 of this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.037

Where:
H_hap = Organic HAP emission rate for the compliance period,
kg organic HAP per liter coating solids.
H_e = Total mass of organic HAP emissions before add-on
controls from all the coatings, thinners, and cleaning materials used
during the compliance period, kg, determined according to paragraph (f)
of this section.
H_R,i = Total mass of organic HAP emission reduction for
controlled coating operation, i, not using liquid-liquid material
balances, during the compliance period, kg, from Equation 1 of this
section.
H_CSR,j = Total mass of organic HAP emission reduction for
controlled coating operation, j, using a liquid-liquid material
balance, during the compliance period, kg, from Equation 3 of this
section.
V_st = Total volume of coating solids used during the
compliance period, liters, from Equation 2 of Sec. 63.4951.
q = Number of controlled coating operations except those controlled
with a solvent recovery system.
r = Number of coating operations controlled with a solvent recovery
system.
(m) Compliance demonstration. To demonstrate initial compliance
with the emission limit during the compliance period as calculated
using Equation 4 of this section, the HAP emission rate for the
compliance period must be less than or equal to the applicable emission
limit in Sec. 63.4890. You must keep all records as required by
Sec. Sec. 63.4930 and 63.4931. As part of the Notification of
Compliance Status required by Sec. 63.4910 and the semiannual
compliance reports required in Sec. 63.4920, you must identify the
coating operation or group of coating operations for which you used the
emission rate with add-on controls option. If there were no deviations
from the emission limit, include a statement that the coating operation
or group of coating operations was 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. 63.4890, and you achieved the operating limits required
by Sec. 63.4892 and the work practice standards required by Sec.
63.4893.

Sec. 63.4962 How do I demonstrate continuous compliance with the
emission limitations?

(a) Following the initial compliance period, you must complete a
compliance demonstration according to the requirements in Sec.
63.4961(m) for each subsequent compliance period. Each month following
the initial compliance period described in Sec. 63.4960 is a
compliance period.
(b) If the organic HAP emission rate for any compliance period
exceeded the applicable emission limit in Sec. 63.4890, this is a
deviation from the emission limitation for that compliance period and
must be reported as specified in Sec. Sec. 63.4910(c)(6) and
63.4920(a)(7).
(c) You must demonstrate continuous compliance with each operating
limit required by Sec. 63.4892 that applies to you, as specified in
Table 1 to this subpart.
(1) If an operating parameter is out of the allowed range specified
in Table 1 to this subpart, this is a deviation from the operating
limit that must be reported as specified in Sec. Sec. 63.4910(c)(6)
and 63.4920(a)(7).
(2) If an operating parameter deviates from the operating limit
specified in Table 1 to this subpart, then you must assume that the
emission capture system and add-on control device were achieving zero
efficiency during the time period of the deviation. For the purposes of
completing the compliance calculations specified in Sec. 63.4961, 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. 63.4961.
(d) You must meet the requirements for bypass lines in Sec.
63.4967(b) for controlled coating operations for which you do not
conduct liquid-liquid material balances. If any bypass line is opened
and emissions are diverted to the atmosphere when the coating operation
is running, this is a deviation that must be reported as specified in
Sec. Sec. 63.4910(c)(6) and 63.4920(a)(7). For the purposes of
completing the compliance calculations in Sec. 63.4961, 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. 63.4961.
(e) You must demonstrate continuous compliance with the work
practice standards in Sec. 63.4893. 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. 63.4930(k)(8), this is a deviation from
the work practice standards that must be reported as specified in
Sec. Sec. 63.4910(c)(6) and 63.4920(a)(7).
(f) As part of each semiannual compliance report required in Sec.
63.4920, you must identify the coating operation or group of coating
operations for which you used the emission rate with add-on controls
option. If there were no deviations from the emission limitations,
submit an affirmative 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. 63.4890, and you achieved the
operating limits required by Sec. 63.4892 and the work practice
standards required by Sec. 63.4893 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

[[Page 28635]]

accordance with the SSMP required by Sec. 63.4900(c).
(h) [Reserved]
(i) You must maintain records as specified in Sec. Sec. 63.4930
and 63.4931.

Sec. 63.4963 What are the general requirements for performance tests?

(a) You must conduct each performance test required by Sec.
63.4960 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. 63.4964. You must conduct
each performance test of an add-on control device according to the
requirements in Sec. 63.4965.
(c) The performance test to determine add-on control device organic
HAP destruction or removal efficiency must consist of three runs as
specified in Sec. 63.7(e)(3) and each run must last at least 1 hour.

Sec. 63.4964 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. 63.4960.
(a) Assuming 100 percent capture efficiency. You may assume the
capture system efficiency is 100 percent if both of the conditions in
paragraphs (a)(1) and (2) of this section are met:
(1) The capture system meets the criteria in Method 204 of appendix
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from
the enclosure to an add-on control device.
(2) All coatings, thinners, and cleaning materials used in the
coating operation are applied within the capture system; coating
solvent flash-off and coating, curing, and drying occurs within the
capture system; and the removal of or evaporation of cleaning materials
from the surfaces they are applied to occurs within the capture system.
For example, this criterion is not met if parts enter the open shop
environment when being moved between a spray booth and a curing oven.
(b) Measuring capture efficiency. If the capture system does not
meet both of the criteria in paragraphs (a)(1) and (2) of this section,
then you must use one of the three protocols described in paragraphs
(c), (d), and (e) of this section to measure capture efficiency. The
capture efficiency measurements use TVH capture efficiency as a
surrogate for organic HAP capture efficiency. For the protocols in
paragraphs (c) and (d) of this section, the capture efficiency
measurement must consist of three test runs. Each test run must be at
least 3 hours duration or the length of a production run, whichever is
longer, up to 8 hours. For the purposes of this test, a production run
means the time required for a single part to go from the beginning to
the end of production, which includes surface preparation activities
and drying or curing time.
(c) Liquid-to-uncaptured-gas protocol using a temporary total
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol
compares the mass of liquid TVH in materials used in the coating
operation to the mass of TVH emissions not captured by the emission
capture system. Use a temporary total enclosure or a building enclosure
and the procedures in paragraphs (c)(1) through (6) of this section to
measure emission capture system efficiency using the liquid-to-
uncaptured-gas protocol.
(1) Either use a building enclosure or construct an enclosure
around the coating operation where coatings, thinners, and cleaning
materials are applied, and all areas where emissions from these applied
coatings and materials subsequently occur, such as flash-off, curing,
and drying areas. The areas of the coating operation where capture
devices collect emissions for routing to an add-on control device, such
as the entrance and exit areas of an oven or spray booth, must also be
inside the enclosure. The enclosure must meet the applicable definition
of a temporary total enclosure or building enclosure in Method 204 of
appendix M to 40 CFR part 51.
(2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to
determine the mass fraction, kg TVH per kg material, of TVH liquid
input from each coating, thinner, and cleaning material used in the
coating operation during each capture efficiency test run. To make the
determination, substitute TVH for each occurrence of the term VOC in
the methods.
(3) Use Equation 1 of this section to calculate the mass of TVH
liquid input from all the coatings, thinners, and cleaning materials
used in the coating operation during each capture efficiency test run:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.038

Where:
TVH_used = Mass of liquid total volatile hydrocarbons in
materials used in the coating operation during the capture efficiency
test run, lb.
TVH_i = Mass fraction of TVH in coating, thinner, or cleaning
material, i, that is used in the coating operation during the capture
efficiency test run, kg TVH per kg material.
Vol_i = Total volume of coating, thinner, or cleaning
material, i, used in the coating operation during the capture
efficiency test run, liters.
D_i = Density of coating, thinner, or cleaning material, i,
kg material per liter material.
n = Number of different coatings, thinners, and cleaning materials used
in the coating operation during the capture efficiency test run.

(4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure
the total mass of TVH emissions that are not captured by the emission
capture system; they are measured as they exit the temporary total
enclosure or building enclosure during each capture efficiency test
run. To make the measurement, substitute TVH for each occurrence of the
term VOC in the methods.
(i) Use Method 204D if the enclosure is a temporary total
enclosure.
(ii) Use Method 204E if the enclosure is a building enclosure.
During the capture efficiency measurement, all organic compound
emitting operations inside the building enclosure, other than the
coating operation for which capture efficiency is being determined,

[[Page 28636]]

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]
TR23MY03.039

Where:
CE = Capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVH_used = Total mass of TVH liquid input used in the coating
operation during the capture efficiency test run, kg.
TVH_uncaptured = Total mass of TVH that is not captured by
the emission capture system and that exits from the temporary total
enclosure or building enclosure during the capture efficiency test run,
kg.

(6) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(d) Gas-to-gas protocol using a temporary total enclosure or a
building enclosure. The gas-to-gas protocol compares the mass of TVH
emissions captured by the emission capture system to the mass of TVH
emissions not captured. Use a temporary total enclosure or a building
enclosure and the procedures in paragraphs (d)(1) through (5) of this
section to measure emission capture system efficiency using the gas-to-
gas protocol.
(1) Either use a building enclosure or construct an enclosure
around the coating operation where coatings, thinners, and cleaning
materials are applied, and all areas where emissions from these applied
coatings and materials subsequently occur, such as flash-off, curing,
and drying areas. The areas of the coating operation where capture
devices collect emissions generated by the coating operation for
routing to an add-on control device, such as the entrance and exit
areas of an oven or a spray booth, must also be inside the enclosure.
The enclosure must meet the applicable definition of a temporary total
enclosure or building enclosure in Method 204 of appendix M to 40 CFR
part 51.
(2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to
measure the total mass of TVH emissions captured by the emission
capture system during each capture efficiency test run as measured at
the inlet to the add-on control device. To make the measurement,
substitute TVH for each occurrence of the term VOC in the methods.
(i) The sampling points for the Method 204B or 204C measurement
must be upstream from the add-on control device and must represent
total emissions routed from the capture system and entering the add-on
control device.
(ii) If multiple emission streams from the capture system enter the
add-on control device without a single common duct, then the emissions
entering the add-on control device must be simultaneously measured in
each duct and the total emissions entering the add-on control device
must be determined.
(3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to
measure the total mass of TVH emissions that are not captured by the
emission capture system; they are measured as they exit the temporary
total enclosure or building enclosure during each capture efficiency
test run. To make the measurement, substitute TVH for each occurrence
of the term VOC in the methods.
(i) Use Method 204D if the enclosure is a temporary total
enclosure.
(ii) Use Method 204E if the enclosure is a building enclosure.
During the capture efficiency measurement, all organic compound
emitting operations inside the building enclosure, other than the
coating operation for which capture efficiency is being determined,
must be shut down, but all fans and blowers must be operating normally.
(4) For each capture efficiency test run, determine the percent
capture efficiency of the emission capture system, using Equation 3 of
this section:
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.040

Where:
CE = Capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVH_captured = Total mass of TVH captured by the emission
capture system as measured at the inlet to the add-on control device
during the emission capture efficiency test run, kg.
TVH_uncaptured = Total mass of TVH that is not captured by
the emission capture system and that exits from the temporary total
enclosure or building enclosure during the capture efficiency test run,
kg.

(5) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(e) Alternative capture efficiency protocol. As an alternative to
the procedures specified in paragraphs (c) and (d) of this section, you
may determine capture efficiency using any other capture efficiency
protocol and test methods that satisfy the criteria of either the DQO
or LCL approach as described in appendix A to subpart KK of this part.

Sec. 63.4965 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. 63.4960.
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

[[Page 28637]]

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 [Part 10, Instruments and Apparatus]'' (incorporated by
reference, see Sec. 63.14).
(4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack
gas moisture.
(5) Methods for determining gas volumetric flow rate, dry molecular
weight, and stack gas moisture must be performed, as applicable, during
each test run.
(b) Measure total gaseous organic mass emissions as carbon at the
inlet and outlet of the add-on control device simultaneously, using
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified
in paragraphs (b)(1) through (3) of this section. You must use the same
method for both the inlet and outlet measurements.
(1) Use Method 25 if the add-on control device is an oxidizer and
you expect the total gaseous organic concentration as carbon to be more
than 50 parts per million (ppm) at the control device outlet.
(2) Use Method 25A if the add-on control device is an oxidizer and
you expect the total gaseous organic concentration as carbon to be 50
ppm or less at the control device outlet.
(3) Use Method 25A if the add-on control device is not an oxidizer.
(c) If two or more add-on control devices are used for the same
emission stream, then you must measure emissions at the outlet of each
device. For example, if one add-on control device is a concentrator
with an outlet for the high-volume, dilute stream that has been treated
by the concentrator, and a second add-on control device is an oxidizer
with an outlet for the low-volume, concentrated stream that is treated
with the oxidizer, you must measure emissions at the outlet of the
oxidizer and the high volume dilute stream outlet of the concentrator.
(d) For each test run, determine the total gaseous organic
emissions mass flow rates for the inlet and the outlet of the add-on
control device, using Equation 1 of this section. If there is more than
one inlet or outlet to the add-on control device, you must calculate
the total gaseous organic mass flow rate using Equation 1 of this
section for each inlet and each outlet and then total all of the inlet
emissions and total all of the outlet emissions.
[GRAPHIC]
[TIFF OMITTED]
TR23MY03.041

Where:
M_f= Total gaseous organic emissions mass flow rate, kg/per
hour (h).
Q_sd= Volumetric flow rate of gases entering or exiting the
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or
2G, dry standard cubic meters/hour (dscm/h).
C_c= Concentration of organic compounds as carbon in the vent
gas, as determined by Method 25 or Method 25A, parts per million by
volume (ppmv), dry basis.
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]
TR23MY03.042

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

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

Sec. 63.4966 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. 63.4960 and described
in Sec. Sec. 63.4963, 63.4964, and 63.4965, you must establish the
operating limits required by Sec. 63.4892 according to this section,
unless you have received approval for alternative monitoring and
operating limits under Sec. 63.8(f) as specified in Sec. 63.4892.
(a) Thermal oxidizers. If your add-on control device is a thermal
oxidizer, establish the operating limits according to paragraphs (a)(1)
and (2) of this section.
(1) During the performance test, you must monitor and record the
combustion temperature at least once every 15 minutes during each of
the three test runs. You must monitor the temperature in the firebox of
the thermal oxidizer or immediately downstream of the firebox before
any substantial heat exchange occurs.
(2) Use the data collected during the performance test to calculate
and record the average combustion temperature maintained during the
performance test. This average combustion temperature is the minimum
operating limit for your thermal oxidizer.
(b) Catalytic oxidizers. If your add-on control device is a
catalytic oxidizer, establish the operating limits according to either
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
(1) During the performance test, you must monitor and record the
temperature just before the catalyst bed and the temperature difference
across the catalyst bed at least once every 15 minutes during each of
the three test runs.
(2) Use the data collected during the performance test to calculate
and record the average temperature just before the catalyst bed and the
average temperature difference across the catalyst bed maintained
during the performance test. These are the minimum operating limits for
your catalytic oxidizer.
(3) As an alternative to monitoring the temperature difference
across the catalyst bed, you may monitor the temperature 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,

[[Page 28638]]

as necessary, adjust the equipment to assure proper air-to-fuel
mixtures.
(iii) Annual internal and monthly external visual inspection of the
catalyst bed to check for channeling, abrasion, and settling. If
problems are found, you must replace the catalyst bed or take
corrective action consistent with the manufacturer's recommendations
and conduct a new performance test to determine destruction efficiency
according to Sec. 63.4965.
(c) Carbon adsorbers. If your add-on control device is a carbon
adsorber, establish the operating limits according to paragraphs (c)(1)
and (2) of this section.
(1) You must monitor and record the total regeneration desorbing
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle,
and the carbon bed temperature after each carbon bed regeneration and
cooling cycle, for the regeneration cycle either immediately preceding
or immediately following the performance test.
(2) The operating limits for your carbon adsorber are the minimum
total desorbing gas mass flow recorded during the regeneration cycle
and the maximum carbon bed temperature recorded after the cooling
cycle.
(d) Condensers. If your add-on control device is a condenser,
establish the operating limits according to paragraphs (d)(1) and (2)
of this section.
(1) During the performance test, you must monitor and record the
condenser outlet (product side) gas temperature at least once every 15
minutes during each of the three test runs.
(2) Use the data collected during the performance test to calculate
and record the average condenser outlet (product side) gas temperature
maintained during the performance test. This average condenser outlet
gas temperature is the maximum operating limit for your condenser.
(e) Emission capture system. For each capture device that is not
part of a PTE that meets the criteria of Sec. 63.4964(a), establish an
operating limit for either the gas volumetric flow rate or duct static
pressure, as specified in paragraphs (e)(1) and (2) of this section.
The operating limit for a PTE is specified in Table 1 to this subpart.
(1) During the capture efficiency determination required by Sec.
63.4960 and described in Sec. Sec. 63.4963 and 63.4964, 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.
(f) Concentrators. If your add-on control device includes a
concentrator, you must establish operating limits for the concentrator
according to paragraphs (f)(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.
(g) Bioreactors. If you are using a bioreactor, you must comply
with the provisions for the use of an alternative monitoring method as
set forth in 40 CFR 63.8(f).

Sec. 63.4967 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), and (f) 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 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,
repairs to correct the monitor malfunctions, 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, repairs
to correct the monitor malfunctions, 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

[[Page 28639]]

divert the emissions away from the add-on control device to the
atmosphere.
(ii) Car-seal or lock-and-key valve closures. Secure any bypass
line valve in the closed position with a car-seal or a lock-and-key
type configuration. You must visually inspect the seal or closure
mechanism at least once every month to ensure that the valve is
maintained in the closed position, and the emissions are not diverted
away from the add-on control device to the atmosphere.
(iii) Valve closure monitoring. Ensure that any bypass line valve
is in the closed (nondiverting) position through monitoring of valve
position at least once every 15 minutes. You must inspect the
monitoring system at least once every month to verify that the monitor
will indicate valve position.
(iv) Automatic shutdown system. Use an automatic shutdown system in
which the coating operation is stopped when flow is diverted by the
bypass line away from the add-on control device to the atmosphere when
the coating operation is running. You must inspect the automatic
shutdown system at least once every month to verify that it will detect
diversions of flow and shut down the coating operation.
(2) If any bypass line is opened, you must include a description of
why the bypass line was opened and the length of time it remained open
in the semiannual compliance reports required in Sec. 63.4920.
(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 are
establishing operating limits according to Sec. 63.4966(b)(1) and (2),
also install a gas temperature monitor in the gas stream immediately
after the catalyst bed.
(3) For each gas temperature monitoring device, you must meet the
requirements in paragraphs (a) and (c)(3)(i) through (vi) 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 an accuracy of at least 5
degrees Fahrenheit or 1.0 percent of the temperature value, whichever
is larger.
(iii) Perform an initial calibration according to the
manufacturer's requirements.
(iv) Before using the sensor for the first time or upon relocation
or replacement of the sensor, perform a validation check by comparing
the sensor output to a calibrated temperature measurement device or by
comparing the sensor output to a simulated temperature.
(v) Conduct an accuracy audit every quarter and after every 24 hour
excursion. Accuracy audit methods include comparisons of sensor output
to redundant temperature sensors, to calibrated temperature measurement
devices, or to temperature simulation devices.
(vi) Conduct a visual inspection of each sensor every quarter if
redundant temperature sensors are not used.
(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) through (3) 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 be capable of recording
the temperature within 15 minutes of completing any carbon bed cooling
cycle.
(3) For all carbon adsorbers, you must meet the requirements in
paragraphs (c)(3)(i) through (vi) of this section for each gas
temperature monitoring device.
(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 temperature monitor must provide a gas temperature record
at least once every 15 minutes.
(2) For all condensers, you must meet the requirements in
paragraphs (c)(3)(i) through (vi) of this section for each gas
temperature monitoring device.
(f) Emission capture systems. The capture system monitoring system
must comply with the applicable requirements in paragraphs (f)(1) and
(2) of this section.
(1) For each flow measurement device, you must meet the
requirements in paragraphs (a) and (f)(1)(i) through (vii) of this
section.
(i) Locate a flow sensor in a position that provides a
representative flow measurement in the duct from each capture device in
the emission capture system to the add-on control device.
(ii) Use a flow sensor with an accuracy of at least 10 percent of
the flow.
(iii) Perform an initial sensor calibration in accordance with the
manufacturer's requirements.
(iv) Perform a validation check before initial use or upon
relocation or replacement of a sensor. Validation checks include
comparison of sensor values with electronic signal simulations or via
relative accuracy testing.
(v) Perform accuracy audits every quarter and after every 24 hour
excursion. Accuracy audits include comparison of sensor values with
electronic signal simulations or with values obtained via relative
accuracy testing.
(vi) Perform leak checks monthly.
(vii) Perform visual inspections of the sensor system quarterly if
there is no redundant sensor.
(2) For each pressure drop measurement device, you must comply with
the requirements in paragraphs (a) and (f)(2)(i) through (vii) of this
section.
(i) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure drop across each
opening you are monitoring.
(ii) Use a pressure sensor with an accuracy of at least 0.5 inches
of water column or 5 percent of the measured value, whichever is
larger.
(iii) Perform an initial calibration of the sensor according to the
manufacturer's requirements.
(iv) Conduct a validation check before initial operation or upon
relocation or replacement of the sensor. Validation checks include
comparison of the sensor values to calibrated pressure measurement
devices or to pressure simulation using calibrated pressure sources.
(v) Conduct accuracy audits every quarter and after every 24 hour
excursion. Accuracy audits include comparison of sensor values to
calibrated pressure measurement devices or to pressure simulation using
calibrated pressure sources.
(vi) Perform monthly leak checks on pressure connections. A
pressure of at least 1.0 inches of water column to the

[[Page 28640]]

connection must yield a stable sensor result for at least 15 seconds.
(vii) Perform a visual inspection of the sensor at least monthly if
there is no redundant sensor.
(g) Concentrators. If you are using a concentrator, such as a
zeolite wheel or rotary carbon bed concentrator, you must comply with
the requirements in paragraphs (a) and (g)(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) of this section.

Other Requirements and Information

Sec. 63.4980 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your State, local, or tribal agency. If the Administrator has delegated
authority to your State, local, or tribal agency, then that agency (as
well as EPA) has the authority to implement and enforce this subpart.
You should contact your EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to your
State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator and are not transferred to the State,
local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section:
(1) Approval of alternatives to the work practice standards in
Sec. 63.4893 under Sec. 63.6(g).
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f), and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring under Sec.
63.8(f) and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f) and as defined in Sec. 63.90.

Sec. 63.4981 What definitions apply to this subpart?

Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
and in this section as follows:
Add-on control means an air pollution control device such as a
thermal oxidizer or carbon adsorber that reduces pollution in an air
stream by destruction or removal before discharge to the atmosphere.
Adhesive means any chemical substance that is applied for the
purpose of bonding two surfaces together.
Capture device means a hood, enclosure, room, floor sweep, or other
means of containing or collecting emissions and directing those
emissions into an add-on air pollution control device.
Capture efficiency or capture system efficiency means the portion
(expressed as a percentage) of the pollutants from an emission source
that is delivered to an add-on control device.
Capture system means one or more capture devices intended to
collect emissions generated by a coating operation in the use of
coatings or cleaning materials, both at the point of application and at
subsequent points where emissions from the coatings and cleaning
materials occur, such as flashoff, drying, or curing. As used in this
subpart, multiple capture devices that collect emissions generated by a
coating operation are considered a single capture system.
Cleaning material means a solvent used to remove contaminants and
other materials, such as dirt, grease, oil, and dried or wet coating
(e.g., depainting), from a substrate before or after coating
application or from equipment associated with a coating operation, such
as spray booths, spray guns, racks, tanks, and hangers. Thus, it
includes any cleaning material used on substrates or equipment or both.
Coating means a material applied to a substrate for decorative,
protective, or functional purposes. Such materials include, but are not
limited to, paints, sealants, caulks, inks, adhesives, and maskants.
Decorative, protective, or functional materials that consist only of
protective oils for metal, acids, bases, or any combination of these
substances are not considered coatings for the purposes of this
subpart.
Coating operation means equipment used to apply cleaning materials
to a substrate to prepare it for coating application or to remove dried
or wet coating (surface preparation); to apply coating to a substrate
(coating application) and to dry or cure the coating after application;
and to clean coating operation equipment (equipment cleaning). A single
coating operation may include any combination of these types of
equipment, but always includes at least the point at which a coating or
cleaning material is applied and all subsequent points in the affected
source where organic HAP emissions from that coating or cleaning
material occur. There may be multiple coating operations in an affected
source. Coating application with hand-held nonrefillable aerosol
containers, touchup markers, or marking pens is not a coating operation
for the purposes of this subpart.
Coating solids means the nonvolatile portion of the coating that
makes up the dry film.
Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, used to sample, condition
(if applicable), analyze, and provide a record of coating operation, or
capture system, or add-on control device parameters.
Controlled coating operation means a coating operation from which
some or all of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including, but not limited to, any emission limit, or operating
limit, or work practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emission limit, or operating limit, or work
practice standard in this subpart during startup, shutdown, or
malfunction, regardless of whether or not such failure is allowed by
this subpart.
Emission limitation means an emission limit, operating limit, or
work practice standard.
Enclosure means a structure that surrounds a source of emissions
and captures and directs the emissions to an add-on control device.
Exempt compound means a specific compound that is not considered a
VOC due to negligible photochemical reactivity. The exempt compounds
are listed in 40 CFR 51.100(s).
Facility maintenance means the routine repair or renovation
(including surface coating) of the tools, equipment, machinery, and
structures that comprise

[[Page 28641]]

the infrastructure of the affected facility and that are necessary for
the facility to function in its intended capacity.
Manufacturer's formulation data means data on a material (such as a
coating) that are supplied by the material manufacturer based on
knowledge of the ingredients used to manufacture that material, rather
than based on testing of the material with the test methods specified
in Sec. 63.4941(a)(1) through (3). 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 coating solids means the ratio of the mass of
coating solids to the mass of a coating in which it is contained,
expressed as kg of coating solids per kg of coating.
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.
Month means a calendar month or a pre-specified period of 28 days
to 35 days to allow for flexibility in recordkeeping when data are
based on a business accounting period.
Organic HAP content means the mass of organic HAP per volume of
coating solids for a coating, calculated using Equation 2 of Sec.
63.4941. The organic HAP content is determined for the coating in the
condition it is in when received from its manufacturer or supplier and
does not account for any alteration after receipt.
Permanent total enclosure (PTE) means a permanently installed
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR
part 51, for a PTE and that directs all the exhaust gases from the
enclosure to an add-on control device.
Protective oil means an organic material that is applied to metal
for the purpose of providing lubrication or protection from corrosion
without forming a solid film. This definition of protective oil
includes, but is not limited to, lubricating oils, evaporative oils
(including those that evaporate completely), and extrusion oils.
Research or laboratory facility means a facility whose primary
purpose is for research and development of new processes and products,
that is conducted under the close supervision of technically trained
personnel, and is not engaged in the manufacture of final or
intermediate products for commercial purposes, except in a de minimis
manner.
Responsible official means responsible official as defined in 40
CFR 70.2.
Startup, initial means the first time equipment is brought online
in a facility.
Surface preparation means use of a cleaning material on a portion
of or all of a substrate. This includes use of a cleaning material to
remove dried coating, which is sometimes called ``depainting'' or
``paint stripping,'' for the purpose of preparing a substrate for
coating application.
Temporary total enclosure means an enclosure constructed for the
purpose of measuring the capture efficiency of pollutants emitted from
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
Thinner means an organic solvent that is added to a coating after
the coating is received from the supplier.
Total volatile hydrocarbon (TVH) means the total amount of
nonaqueous volatile organic matter determined according to Methods 204
and 204A through 204F of appendix M to 40 CFR part 51 and substituting
the term TVH each place in the methods where the term VOC is used. The
TVH includes both VOC and non-VOC.
Uncontrolled coating operation means a coating operation from which
none of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Volatile organic compound (VOC) means any compound defined as VOC
in 40 CFR 51.100(s).
Volume fraction of coating solids means the ratio of the volume of
coating solids (also known as volume of nonvolatiles) to the volume of
coating, expressed as liters of coating solids per liter of coating.
Wastewater means water that is generated in a coating operation and
is collected, stored, or treated prior to being discarded or
discharged.

Tables to Subpart RRRR of Part 63

Table 1 to Subpart RRRR of Part 63.--Operating Limits if Using the Emission Rate With Add-on Controls Option
[If you are required to comply with operating limits by Sec. 63.4892, you must comply with the applicable
operating limits in the following table:]
----------------------------------------------------------------------------------------------------------------
and you must demonstrate continuous
For the following device . . . you must meet the following operating compliance with the operating limit
limit . . . by . . .
----------------------------------------------------------------------------------------------------------------
1. thermal oxidizer................ a. the average combustion temperature i. collecting the combustion
in any 3-hour period must not fall temperature data according to Sec.
below the combustion temperature 63.4967(c);
limit established according to Sec. ii. reducing the data to 3-hour
63.4966(a). block averages; and
iii. maintaining the 3-hour average
combustion temperature at or above
the temperature limit.
2. catalytic oxidizer.............. a. the average temperature measured i. collecting the temperature data
just before the catalyst bed in any according to Sec. 63.4967(c);
3-hour period must not fall below ii. reducing the data to 3-hour
the limit established according to block averages; and
Sec. 63.4966(b); and either iii. maintaining the 3-hour average
temperature before the catalyst bed
at or above the temperature limit.
b. ensure that the average i. collecting the temperature data
temperature difference across the according to Sec. 63.4967(c);
catalyst bed in any 3-hour period ii. reducing the data to 3-hour
does not fall below the temperature block averages; and
difference limit established iii. maintaining the 3-hour average
according to Sec. 63.4966(b), or temperature difference at or above
the temperature difference limit.

[[Page 28642]]

c. develop and implement an i. maintaining an up-to-date
inspection and maintenance plan inspection and maintenance plan,
according to Sec. 63.4966(b)(3) records of annual catalyst activity
and (4). checks, records of monthly
inspections of the oxidizer system,
and records of the annual internal
inspections of the catalyst bed. If
a problem is discovered during a
monthly or annual inspection
required by Sec. 63.4966(b)(4),
you must take corrective action as
soon as practicable consistent with
the manufacturer's recommendations.
3. carbon adsorber................. a. the total regeneration desorbing i. measuring the total regeneration
gas (e.g., steam or nitrogen) mass desorbing gas (e.g., steam or
flow for each carbon bed nitrogen) mass flow for each
regeneration cycle must not fall regeneration cycle according Sec.
below the total regeneration 63.4967(d); and
desorbing gas mass flow limit ii. maintaining the total
established according to Sec. regeneration desorbing gas mass
63.4966(c). flow at or above the mass flow
limit.
b. the temperature of the carbon bed i. measuring the temperature of the
after completing each regeneration carbon bed after completing each
and any cooling cycle must not regeneration and any cooling cycle
exceed the carbon bed temperature according to Sec. 63.4967(d); and
limit established according to Sec. ii. operating the carbon beds such
63.4966(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 condenser outlet i. collecting the condenser outlet
(product side) gas temperature in (product side) gas temperature
any 3-hour period must not exceed according to Sec. 63.4967(e);
the temperature limit established ii. reducing the data to 3-hour
according to Sec. 63.4966(d). block averages; and
iii. maintaining the 3-hour average
gas temperature at the outlet at or
below the temperature limit.
5. emission capture system that is a. the direction of the air flow at i. collecting the direction of air
a PTE according to Sec. all times must be into the flow, and either the facial
63.4964(a). enclosure; and either velocity of air through all natural
draft openings according to Sec.
63.4967(f)(1) or the pressure drop
across the enclosure according to
Sec. 63.4967(f)(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 facial velocity of air i. collecting the direction of air
through all natural draft openings flow, and either the facial
in the enclosure must be at least velocity of air through all natural
200 feet per minute; or draft openings according to Sec.
63.4967(f)(1) or the pressure drop
across the enclosure according to
Sec. 63.4967(f)(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.
c. the pressure drop across the i. collecting the direction of air
enclosure must be at least 0.007 flow, and either the facial
inch H₂O, as established in Method velocity of air through all natural
204 of appendix M to 40 CFR part 51. draft openings according to Sec.
63.4967(f)(1) or the pressure drop
across the enclosure according to
Sec. 63.4967(f)(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.
6. emission capture system that is a. the average gas volumetric flow i. collecting the gas volumetric
not a PTE according to Sec. rate or duct static pressure in each flow rate or duct static pressure
63.4964(a). duct between a capture device and for each capture device according
add-on control device inlet in any 3- to Sec. 63.4967(f);
hour period must not fall below the ii. reducing the data to 3-hour
average volumetric flow rate or duct block averages; and
static pressure limit established iii. maintaining the 3-hour average
for that capture device according to gas volumetric flow rate or duct
Sec. 63.4966(e). static pressure for each capture
device at or above the gas
volumetric flow rate or duct static
pressure limit.

[[Page 28643]]

7. concentrators, including zeolite a. the average gas temperature of the i. collecting the temperature data
wheels and rotary carbon adsorbers. desorption concentrate stream in any according to Sec. 63.4967(g);
3-hour period must not fall below ii. reducing the data to 3-hour
the limit established according to block averages; and
Sec. 63.4966(f). iii. maintaining the 3-hour average
temperature at or above the
temperature limit.
b. the average pressure drop of the i. collecting the pressure drop data
dilute stream across the according to Sec. 63.4967(g);
concentrator in any 3-hour period ii. reducing the pressure drop data
must not fall below the limit to 3-hour block averages; and
established according to Sec. iii. maintaining the 3-hour average
63.4966(f). pressure drop at or above the
pressure drop
8. bioreactor systems.............. a. the use of an alternative
monitoring method as set forth in
Sec. 63.8(f)
----------------------------------------------------------------------------------------------------------------

Table 2 to Subpart RRRR of Part 63.--Applicability of General Provisions to Subpart RRRR
[You must comply with the applicable General Provisions requirements according to the following table:]
----------------------------------------------------------------------------------------------------------------
Citation Subject Applicable to subpart Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(14)................. General Applicability Yes.
Sec. 63.1(b)(1)-(3).................. Initial Applicability Yes....................... Applicability to
Determination. subpart RRRR is
also specified in
Sec. 63.4881.
Sec. 63.1(c)(1)...................... Applicability After Yes.
Standard Established.
Sec. 63.1(c)(2)-(3).................. Applicability of No........................ Area sources are not
Permit Program for subject to subpart
Area Sources. RRRR.
Sec. 63.1(c)(4)-(5).................. Extensions and Yes.
Notifications.
Sec. 63.1(e)......................... Applicability of Yes.
Permit Program
Before Relevant
Standard is Set.
Sec. 63.2............................ Definitions.......... Yes....................... Additional
definitions are
specified in Sec.
63.4981.
Sec. 63.3(a)-(c)..................... Units and Yes.
Abbreviations.
Sec. 63.4(a)(1)-(5).................. Prohibited Activities Yes.
Sec. 63.4(b)-(c)..................... Circumvention/ Yes.
Severability.
Sec. 63.5(a)......................... Construction/ Yes.
Reconstruction.
Sec. 63.5(b)(1)-(6).................. Requirements for Yes.
Existing, Newly
Constructed, and
Reconstructed
Sources.
Sec. 63.5(d)......................... Application for Yes.
Approval of
Construction/
Reconstruction.
Sec. 63.5(e)......................... Approval of Yes.
Construction/
Reconstruction.
Sec. 63.5(f)......................... Approval of Yes.
Construction/
Reconstruction Based
on Prior State
Review.
Sec. 63.6(a)......................... Compliance With Yes.
Standards and
Maintenance
Requirements--Applic
ability.
Sec. 63.6(b)(1)-(7).................. Compliance Dates for Yes....................... Section 63.4883
New and specifies the
Reconstructed compliance dates.
Sources.
Sec. 63.6(c)(1)-(5).................. Compliance Dates for Yes....................... Section 63.4883
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
During Startup, sources using an
Shutdown, and add-on control
Malfunction. device to comply
with the standards.
Sec. 63.6(f)(2)-(3).................. Methods for Yes.
Determining
Compliance.
Sec. 63.6(g)(1)-(3).................. Use of Alternative Yes.
Standards.
Sec. 63.6(h)......................... Compliance With No........................ Subpart RRRR does
Opacity/Visible not establish
Emission Standards. opacity standards
and does not
require continuous
opacity monitoring
systems (COMS).
Sec. 63.6(i)(1)-(16)................. Extension of Yes.
Compliance.
Sec. 63.6(j)......................... Presidential Yes.
Compliance Exemption.
Sec. 63.7(a)(1)...................... Performance Test Yes....................... Applies to all
Requirements--Applic affected sources
ability. using an add-on
control device to
comply with the
standards.
Additional
requirements for
performance testing
are specified in
Sec. Sec.
63.4963, 63.4964,
and 63.4965.

[[Page 28644]]

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. Section
63.4960 specifies
the schedule for
performance test
requirements that
are earlier than
those specified in
Sec. 63.7(a)(2).
Sec. 63.7(a)(3)...................... Performance Tests Yes.
Required by the
Administrator.
Sec. 63.7(b)-(e)..................... Performance Test Yes....................... Applies only to
Requirements--Notifi performance tests
cation, Quality for capture system
Assurance, and add-on control
Facilities Necessary device efficiency
Safe Testing, at sources using
Conditions During these to comply
Test. with the standards.
Sec. 63.7(f)......................... Performance Test Yes....................... Applies to all test
Requirements--Use of methods except
Alternative Test those used to
Method. determine capture
system efficiency.
Sec. 63.7(g)-(h)..................... Performance Test Yes....................... Applies only to
Requirements--Data performance tests
Analysis, for capture system
Recordkeeping, and add-on control
Reporting, Waiver of device efficiency
Test. at sources using
these to comply
with the standards.
Sec. 63.8(a)(1)-(3).................. Monitoring Yes....................... Applies only to
Requirements--Applic monitoring of
ability. capture system and
add-on control
device efficiency
at sources using
these to comply
with the standards.
Additional
requirements for
monitoring are
specified in Sec.
63.4967.
Sec. 63.8(a)(4)...................... Additional Monitoring No........................ Subpart RRRR does
Requirements. not 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
Operation and capture system and
Maintenance. add-on control
device efficiency
at sources using
these to comply
with the standards.
Additional
requirements for
CMS operations and
maintenance are
specified in Sec.
63.4967.
Sec. 63.8(c)(4)...................... CMS.................. No........................ Section 63.4967
specifies the
requirements for
the operation of
CMS for capture
systems and add-on
control devices at
sources using these
to comply.
Sec. 63.8(c)(5)...................... COMS................. No........................ Subpart RRRR does
not have opacity or
visible emissions
standards.
Sec. 63.8(c)(6)...................... CMS Requirements..... No........................ Section 63.4967
specifies the
requirements for
monitoring systems
for capture systems
and add-on control
devices at sources
using these to
comply.
Sec. 63.8(c)(7)...................... COS Out-of-Control Yes.
Periods.
Sec. 63.8(c)(8)...................... CMS Out-of-Control No........................ Section 63.4920
Periods Reporting. requires reporting
of CMS out-of-
control periods.
Sec. 63.8(d)-(e)..................... Quality Control No........................ Subpart RRRR does
Program and CMS not require the use
Performance of continuous
Evaluation. emissions
monitoring systems.
Sec. 63.8(f)(1)-(5).................. Use of an Alternative Yes.
Monitoring Method.
Sec. 63.8(f)(6)...................... Alternative to No........................ Subpart RRRR does
Relative Accuracy not require the use
Test. of continuous
emissions
monitoring systems.
Sec. 63.8(g)(1)-(5).................. Data Reduction....... No........................ Sections 63.4966 and
63.4967 specify
monitoring data
reduction.
Sec. 63.9(a)-(d)..................... Notification Yes.
Requirements.
Sec. 63.9(e)......................... Notification of Yes....................... Applies only to
Performance Test. capture system and
add-on control
device performance
tests at sources
using these to
comply with the
standards.
Sec. 63.9(f)......................... Notification of No........................ Subpart RRRR does
Visible Emissions/ not have opacity or
Opacity Test. visible emission
standards.
Sec. 63.9(g)(1)-(3).................. Additional No........................ Subpart RRRR does
Notifications When not require the use
Using CMS. of continuous
emissions
monitoring systems.
63.9(h)................................ Notification of Yes....................... Section 63.4910
Compliance Status. specifies the dates
for submitting the
notification of
compliance status.
Sec. 63.9(i)......................... Adjustment of Yes.
Submittal Deadlines.
Sec. 63.9(j)......................... Change in Previous Yes.
Information.
Sec. 63.10(a)........................ Recordkeeping/ Yes.
Reporting--Applicabi
lity and General
Information.
Sec. 63.10(b)(1)..................... General Recordkeeping Yes....................... Additional
Requirements. requirements are
specified in Sec.
Sec. 63.4930 and
63.4931.

[[Page 28645]]

Sec. 63.10(b)(2)(i)-(v).............. Recordkeeping Yes....................... Requirements for
Relevant to Startup, Startup, Shutdown,
Shutdown, and and Malfunction
Malfunction Periods records only apply
and CMS. 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)............... ..................... No........................ Subpart RRRR does
not require the use
of continuous
emissions
monitoring systems.
Sec. 63.10(b)(2)(xiv)................ ..................... Yes.
Sec. 63.10(b)(3)..................... Recordkeeping Yes.
Requirements for
Applicability
Determinations.
Sec. 63.10(c)(1)-(6)................. Additional Yes.
Recordkeeping
Requirements for
Sources with CMS.
Sec. 63.10(c)(7)-(8)................. ..................... No........................ The same records are
required in Sec.
63.4920(a)(7).
Sec. 63.10(c)(9)-(15)................ ..................... Yes.
Sec. 63.10(d)(1)..................... General Reporting Yes....................... Additional
Requirements. requirements are
specified in Sec.
63.4920.
Sec. 63.10(d)(2)..................... Report of Performance Yes....................... Additional
Test Results. requirements are
specified in Sec.
63.4920(b).
Sec. 63.10(d)(3)..................... Reporting Opacity or No........................ Subpart RRRR does
Visible Emissions not require opacity
Observations. or visible
emissions
observations.
Sec. 63.10(d)(4)..................... Progress Reports for Yes.
Sources With
Compliance
Extensions.
Sec. 63.10(d)(5)..................... Startup, Shutdown, Yes....................... Applies only to add-
and Malfunction on control devices
Reports. at sources using
these to comply
with the standards.
Sec. 63.10(e)(1)-(2)................. Additional CMS No........................ Subpart RRRR does
Reports. not require the use
of continuous
emissions
monitoring systems.
Sec. 63.10(e)(3)..................... Excess Emissions/CMS No........................ Section 63.4920(b)
Performance Reports. specifies the
contents of
periodic compliance
reports.
Sec. 63.10(e)(4)..................... COMS Data Reports.... No........................ Subpart RRRR does
not specify
requirements for
opacity or COMS.
Sec. 63.10(f)........................ Recordkeeping/ Yes.
Reporting Waiver.
Sec. 63.11........................... Control Device No........................ Subpart RRRR does
Requirements/Flares. not specify use of
flares for
compliance.
Sec. 63.12........................... State Authority and Yes
Delegations.
Sec. 63.13........................... Addresses............ Yes.
Sec. 63.14........................... Incorporation by Yes.
Reference.
Sec. 63.15........................... Availability of Yes.
Information/
Confidentiality.
----------------------------------------------------------------------------------------------------------------

Table 3 to Subpart RRRR of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
[You may use the mass fraction values in the following table for solvent blends for which you do not have test
data or manufacturer's formulation data:]
----------------------------------------------------------------------------------------------------------------
Average
Solvent/Solvent blend CAS. No. organic HAP Typical organic HAP, percent by mass
mass fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene................................... 108-88-3 1.0 Toluene.
2. Xylene(s)................................. 1330-20-7 1.0 Xylenes, ethylbenzene.
3. Hexane.................................... 110-54-3 0.5 n-hexane.
4. n-Hexane.................................. 110-54-3 1.0 n-hexane.
5. Ethylbenzene.............................. 100-41-4 1.0 Ethylbenzene.
6. Aliphatic 140............................. ............ 0 None.
7. Aromatic 100.............................. ............ 0.02 1% xylene, 1% cumene.
8. Aromatic 150.............................. ............ 0.09 Naphthalene.
9. Aromatic naphtha.......................... 64742-95-6 0.02 1% xylene, 1% cumene.
10. Aromatic solvent......................... 64742-94-5 0.1 Naphthalene.
11. Exempt mineral spirits................... 8032-32-4 0 None.
12. Ligroines (VM & P)....................... 8032-32-4 0 None.
13. Lactol spirits........................... 64742-89-6 0.15 Toluene.
14. Low aromatic white spirit................ 64742-82-1 0 None.
15. Mineral spirits.......................... 64742-88-7 0.01 Xylenes.
16. Hydrotreated naphtha..................... 64742-48-9 0 None.
17. Hydrotreated light distillate............ 64742-47-8 0.001 Toluene.
18. Stoddard solvent......................... 8052-41-3 0.01 Xylenes.
19. Super high-flash naphtha................. 64742-95-6 0.05 Xylenes.

[[Page 28646]]

20. Varsol[reg]
solvent...................... 8052-49-3 0.01 0.5% xylenes, 0.5% ethyl benzene.
21. VM & P naphtha........................... 64742-89-8 0.06 3% toluene, 3% xylene.
22. Petroleum distillate mixture............. 68477-31-6 0.08 4% naphthalene, 4% biphenyl.
----------------------------------------------------------------------------------------------------------------

Table 4 to Subpart RRRR of Part 63.--Default Organic HAP Mass Fraction for Petroleum Solvent Groups \1\
[You May Use the Mass Fraction Values in the Following Fable for Solvent Blends for Which You Do Not Have Test Data or Manufacturer's Formulation Data:]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Average organic
Solvent type HAP mass Typical organic percent HAP, by mass
fraction
--------------------------------------------------------------------------------------------------------------------------------------------------------
Aliphatic \2\............................... 0.03 1% Xylene, 1% Toluene, and 1% Ethylbenzene.
Aromatic \3\................................ 0.06 4% Xylene, 1% Toluene, and 1% Ethylbenzene.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Use this table only if the solvent blend does not match any of the solvent blends in Table 3 to this subpart and you only know whether the blend is
aliphatic or aromatic.
\2\ 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.
\3\ E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydrocarbons, Light
Aromatic Solvent.

[FR Doc. 03-5623 Filed 5-22-03; 8:45 am]
BILLING CODE 6560-50-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

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

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