National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Metal Furniture
Related Material
[Federal Register: April 24, 2002 (Volume 67, Number 79)]
[Proposed Rules]
[Page 20205-20248]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ap02-33]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7163-6]
RIN 2060-AG55
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Metal Furniture
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes national emission standards for hazardous
air pollutants (NESHAP) for metal furniture surface coating operations
located at major sources of hazardous air pollutant (HAP) emissions.
These proposed standards would implement section 112(d) of the Clean
Air Act (CAA) by requiring these operations to meet HAP emission
standards reflecting the application of the maximum achievable control
technology (MACT). The primary HAP emitted by these operations are
xylene, toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene, and
methyl ethyl ketone. Each of the HAP can cause toxic effects such as
eye, nose, throat, and skin irritation, and blood cell, heart, liver,
and kidney damage. Implementation of the proposed standards would
reduce nationwide HAP emissions from major sources by about 70 percent.
DATES: Comments. Submit comments on or before June 24, 2002. Public
Hearing. If anyone wishes to contact EPA to request to speak at a
public hearing, they should do so by May 14, 2002. If requested, a
public hearing will be held within approximately 30 days following
publication of this notice in the Federal Register.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-97-40, U.S. Environmental
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
In person or by courier, deliver comments (in duplicate if possible)
to: Air and Radiation Docket and Information Center (6102), Attention
Docket Number A-97-40, U.S. Environmental Protection Agency, 401 M
Street, SW., Room M-1500, Washington, DC 20460. The EPA requests a
separate copy also be sent to the contact person listed in FOR FURTHER
INFORMATION CONTACT.
Public Hearing. If a public hearing is held, it will be held at our
Office of Administration Auditorium in Research Triangle Park, North
Carolina. You should contact Ms. Janet Eck, Coatings and Consumer
Products Group, Emission Standards Division (C539-03), U.S.
Environmental Protection Agency, Research Triangle Park, North Carolina
27711, telephone number (919) 541-7946, to request to speak at a public
hearing or to find out if a hearing will be held.
Docket. Docket No. A-97-40 contains supporting information used in
developing the proposed standards. The docket is located at the U.S.
Environmental Protection Agency, 401 M Street, SW., Washington, DC
20460 in Room M-1500, Waterside Mall (ground floor), and may be
inspected from 8:30 a.m. to 5:30 p.m., Monday through Friday, excluding
legal holidays.
FOR FURTHER INFORMATION CONTACT: Dr. Mohamed Serageldin, Coatings and
Consumer Products Group, Emission Standards Division (C539-03), U.S.
Environmental Protection Agency, 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: Comments. Comments and data may be submitted
by e-mail to: a-and-r-docket@epa.gov. Electronic comments must be
submitted as an ASCII file to avoid the use of special characters and
encryption problems and will also be accepted on disks in
WordPerfect file format. All comments and data submitted in
electronic form must note the docket number: A-97-40. No confidential
business information (CBI) should be submitted by e-mail. Electronic
comments may be filed online at many Federal Depository Libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Dr. Mohamed Serageldin, c/o OAQPS
Document Control Officer (C404-02), U.S. Environmental Protection
Agency, Research Triangle Park, NC 27711. The EPA will disclose
information identified as CBI only to the extent allowed by the
procedures set forth in 40 CFR part 2. If no claim of confidentiality
accompanies a submission when it is received by EPA, the information
may be made available to the public without further notice to the
commenter.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
Janet Eck, Coatings and Consumer Products Group, Emission Standards
Division (C539-03), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina 27711; telephone number (919) 541-7946 at
least 2 days in advance of the public hearing. Persons interested in
attending the public hearing should also contact Ms. Eck to verify the
time, date, and location of the hearing. The public hearing will
provide interested parties the opportunity to present data, views, or
arguments concerning these proposed emission standards.
Docket. The docket is an organized and complete file of all the
information considered by the EPA in the development of this
rulemaking. The docket is a dynamic file because material is added
throughout the rulemaking process. The docketing system is intended to
allow members of the public and industries involved to readily identify
and locate documents so that they can effectively participate in the
rulemaking process. Along with the proposed and promulgated standards
and their preambles, the contents of the docket will serve as the
record in the case of judicial review. (See section 307(d)(7)(A) of the
CAA.) The regulatory text and other materials related to this
rulemaking are available for review in the docket or copies may be
obtained by mail from the Air and Radiation Docket and Information
Center by calling (202) 260-7548. A reasonable fee may be charged for
copying docket materials.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed rule is also available on the WWW
through the Technology Transfer Network (TTN). Following signature by
the EPA Administrator, a copy of the proposed rule will be posted on
the TTN's policy and guidance page for newly proposed or promulgated
rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and
technology exchange in various areas of air pollution control. If more
information regarding the TTN is needed, call the TTN HELP line at
(919) 541-5384.
Regulated Entities. The proposed source category definition
includes facilities that apply coatings to metal furniture or
components of metal furniture. Metal furniture means furniture or
components of furniture that are constructed either entirely or
partially from metal. Metal furniture
[[Page 20207]]
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.
In general, facilities that coat metal furniture are covered under
the Standard Industrial Classification (SIC) and North American
Industrial Classification System (NAICS) codes listed in table 1.
However, facilities classified under other SIC or NAICS codes may be
subject to the proposed regulation if they meet the applicability
criteria. Not all facilities classified under the SIC and NAICS codes
in table 1 will be subject to the proposed standard because some of the
classifications cover products outside the scope of the proposed NESHAP
for metal furniture.
Table 1.--Metal Furniture Product Descriptions and Corresponding SIC and NAICS Codes
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Equivalent
Product description 1987 SIC 1997 NAICS Equivalent 1997 NAICS Product Description
Code Code(s)
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Metal Household Furniture..... 2514 337124 Metal Household Furniture Manufacturing.
Office Furniture, Except Wood. 2522 337214 Nonwood Office Furniture Manufacturing.
Public Building and Related 2531 337127 Institutional Furniture Manufacturing.
Furniture.
Office and Store Fixtures, 2542 337215 Showcase, Partition, Shelving, and Locker
Partitions, Shelving, and Manufacturing.
Lockers, Except Wood.
Furniture and Fixtures, Not 2599 337127 Institutional Furniture Manufacturing.
Classified Elsewhere.
Hardware, Not Classified 3429 332951 Hardware Manufacturing.
Elsewhere.
Metal Stampings, Not 3469 332116 Metal Stamping.
Classified Elsewhere (Except
Kitchen Utensils, Pots and
Pans for Cooking, and Coins).
Wire Springs.................. 3495 332612 Wire Spring Manufacturing.
Fabricated Metal Products, Not 3499 337215 Showcase, Partition, Shelving, and Locker
Classified Elsewhere. Manufacturing.
Residential Electric Lighting 3645 335121 Residential Electric Lighting Fixture Manufacturing.
Fixtures.
Commercial, Industrial, and 3646 335122 Commercial, Industrial, and Institutional Electric
Institutional Electric Lighting Fixture Manufacturing.
Lighting Fixtures.
Laboratory Apparatus and 3821 339111 Laboratory Furniture Manufacturing.
Furniture.
Dental Equipment and Supplies. 3843 339114 Dental Equipment Manufacturing.
Manufacturing Industries, Not 3999 337127 Institutional Furniture Manufacturing.
Classified Elsewhere.
Reupholster and Furniture 7641 81142 Reupholstery and Furniture Repair.
Repair.
State/Federal Governmental ............ ............ State correctional institutions and military
Agencies. installations that apply coatings to metal
furniture.
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This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your coating operation would be regulated
by this proposed action, you should examine the applicability criteria
in Sec. 63.4881 of the proposed rule. If you have any questions
regarding the applicability of this action to a particular entity,
consult the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
Outline. The information presented in this preamble is organized as
follows:
I. Background
A. What is the source of authority for development of NESHAP?
B. What criteria are used in the development of NESHAP?
C. What are the health effects associated with HAP emissions
from the surface coating of metal furniture?
II. Summary of the Proposed Rule
A. What source categories would be affected by this proposed
rule?
B. What is the relationship to other rules?
C. What are the primary sources of emissions and what are the
emissions?
D. What is the affected source?
E. What are the proposed emission limits, operating limits, and
other standards?
F. What are the proposed testing and initial compliance
requirements?
G. What are the proposed continuous compliance provisions?
H. What are the proposed notification, recordkeeping, and
reporting requirements?
III. Rationale for Selecting the Proposed Standards
A. How did we select the source category?
B. How did we select the regulated pollutants?
C. How did we select the affected source?
D. How did we determine the basis and level of the proposed
standards for exisiting and new sources?
E. How did we select the format of the standards?
F. How did we select the testing and initial compliance
requirements?
G. How did we select the continuous compliance requirements?
H. How did we select the notification, recordkeeping, and
reporting requirements?
I. How did we select the compliance date?
IV. Summary of Environmental, Energy, and Economic Impacts
A. What are the air impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the nonair health, environmental, and energy
impacts?
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13175, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
E. Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
F. Unfunded Mandates Reform Act of 1995
G. Regulatory Flexibility Act, as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601,
et seq.
H. Paperwork Reduction Act
I. National Technology Transfer and Advancement Act
I. Background
A. What Is the Source of Authority for Development of NESHAP?
Section 112 of the CAA requires us to list categories and
subcategories of major sources and certain area sources
[[Page 20208]]
of HAP and to establish NESHAP for the listed source categories and
subcategories. The Surface Coating of Metal Furniture category of major
sources was listed on July 16, 1992 (57 FR 31576) under the Surface
Coating Processes industry group. Major sources of HAP are those that,
considering controls, emit or have the potential to emit equal to, or
greater than, 10 tons per year (tpy) of any one HAP or 25 tpy of any
combination of HAP.
B. What Criteria Are Used in the Development of NESHAP?
Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both new and existing major sources. The CAA
requires the NESHAP to reflect the maximum degree of reduction in
emissions of HAP that is achievable. This level of control is commonly
referred to as the MACT.
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the CAA. In essence, the MACT
floor ensures that the standard is set at a level that assures that all
major sources achieve a level of control at least as stringent as that
already achieved by the better-controlled and lower-emitting sources in
each source category or subcategory. For new sources, the MACT floor
cannot be less stringent than the emission control that is achieved in
practice by the best-controlled similar source. The MACT standards for
existing sources can be less stringent than standards for new sources,
but they cannot be less stringent than the average emission limitation
achieved by the best-performing 12 percent of existing sources in the
category or subcategory (or the best-performing five sources for
categories or subcategories with fewer than 30 sources).
In developing MACT, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on the consideration of the cost of achieving the
emission reductions, any nonair quality health and environmental
impacts, and energy requirements.
C. What Are the Health Effects Associated with HAP Emissions From the
Surface Coating of Metal Furniture?
The major HAP emitted from the surface coating of metal furniture
include xylene, toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene,
and methyl ethyl ketone. These compounds account for about 90 percent
of the nationwide HAP emissions from this source category. Other HAP
identified in emissions include methyl isobutyl ketone, hexane, and
methylene chloride. These pollutants can cause reversible or
irreversible toxic effects following sufficient exposure. The potential
toxic effects include eye, nose, throat, and skin irritation; nausea,
vomiting, headache, and dizziness, and liver and kidney damage.
The degree of adverse effects to human health from exposure to HAP
can range from mild to severe. The extent and degree to which the human
health effects may be experienced are dependent upon (1) the ambient
concentration observed in the area (as influenced by emission rates,
meteorological conditions, and terrain); (2) the frequency and duration
of exposures; (3) characteristics of exposed individuals (genetics,
age, preexisting health conditions, and lifestyle), which vary
significantly with the population; and (4) pollutant-specific
characteristics (toxicity, half-life in the environment,
bioaccumulation, and persistence).
II. Summary of the Proposed Rule
A. What Source Categories Would Be Affected by This Proposed Rule?
The proposed rule would apply to you if you own or operate a metal
furniture surface coating facility that is a major source, or is
located at a major source, or is part of a major source of HAP
emissions. We have defined a 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 proposed rule if your metal
furniture surface coating facility is located at an area source. An
area source of HAP is any facility that has the potential to emit HAP
but is not a major source. You may establish area source status by
limiting the source's potential to emit HAP through appropriate
mechanisms available through the permitting authority.
You would not be subject to the proposed rule if you use only
coatings, thinners, and cleaning materials that contain no organic HAP.
The source category does not include research or laboratory
facilities or janitorial, building, and facility maintenance
operations; or coating application using handheld nonrefillable aerosol
containers.
B. What Is the Relationship to Other Rules?
Affected sources subject to the proposed rule may also be subject
to other rules. The relationship between this proposed rule and other
rules is discussed below. We specifically request comments on how
monitoring, recordkeeping, and reporting requirements can be
consolidated for sources that are subject to more than one rule. We
also request comments regarding instances where a facility could be
subject to multiple surface coating NESHAP or where the applicability
of one NESHAP versus another is unclear. Commenters should provide
specific examples of these instances and discuss any associated adverse
effects that would result.
New Source Performance Standards--40 CFR Part 60, Subpart EE. The
metal furniture new source performance standards (NSPS) apply to
facilities that apply organic coatings to metal furniture and that
began construction, reconstruction, or modification after November 28,
1980. The pollutants regulated are volatile organic compounds (VOC).
Emissions of VOC are limited to 0.09 kilogram (kg) per liter of coating
solids applied, and the affected source is each individual coating
operation.
The proposed rule differs from the NSPS in three ways. First, the
affected source for the proposed 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. This broader
definition of affected source allows a facility's emissions to be
combined for compliance purposes. Second, the proposed rule would
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 regulates a broader range of pollutants
than would the proposed NESHAP. Third, the emission limitations in the
proposed rule 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 two rules, compliance with
either rule 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. Overlapping
reporting, recordkeeping, and monitoring requirements may be resolved
through the title V permit process.
[[Page 20209]]
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. The coating of these metal components would be subject to
subpart JJ, the rule for wood furniture manufacturing. As such, the
proposed rule would not apply to these facilities. The applicability
section of the proposed rule clarifies this difference in
applicability.
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. The coating of such parts would not be subject to the
proposed rule provided the coating takes place at a facility that does
not apply coatings to other metal furniture. Such metal coating
operations would be subject to the future NESHAP for the surface
coating of miscellaneous metal parts.
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 proposed rule if the coating
takes place at a metal furniture surface coating facility; otherwise,
the coating operation would be subject to the future NESHAP for the
surface coating of plastic parts and products.
C. What Are the Primary Sources of Emissions and What Are the
Emissions?
HAP Emission Sources. Emissions from coating application account
for more than 60 percent of HAP emissions from the metal furniture
surface coating process. Remaining emissions are primarily from
cleaning. In most cases, HAP emissions from mixing and storage are
relatively small. The organic HAP emissions associated with coatings
(the term ``coatings'' includes protective and functional coatings, as
well as adhesives) occur at several points. A coating is most often
applied by using a spray gun in a spray booth or by dipping the
substrate in a tank containing the coating. In a spray booth, volatile
components evaporate from the coating applied to the part, as well as
from the overspray. The coated part then passes through an open (flash-
off) area where additional volatiles evaporate from the coating. The
coated part then passes through a drying/curing oven, or is allowed to
air dry, where the remaining volatiles are evaporated.
Organic HAP emissions also occur from the activities undertaken
during cleaning, where solvent is applied to remove coating residue or
other unwanted materials. Cleaning in this industry includes cleaning
of spray guns and transfer lines (e.g., tubing or piping), tanks, and
the interior of spray booths. Cleaning also includes applying solvents
to manufactured parts prior to coating application and to equipment
(e.g., cleaning rollers, pumps, conveyors, etc.).
Mixing and Storage. Organic HAP emissions can also occur from
displacement of organic vapor-laden air in containers used to store HAP
solvents or to mix coatings containing HAP solvents. The displacement
of organic HAP vapor-laden air can occur due to filling of containers,
temperature or barometric pressure changes, or due to agitation during
mixing.
Organic HAP. Available emission data collected during the
development of the proposed NESHAP show that the primary organic HAP
emitted from the surface coating of metal furniture include xylene,
toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene, and methyl
ethyl ketone. These compounds account for over 90 percent of this
category's nationwide organic HAP emissions. Other significant organic
HAP identified include methyl isobutyl ketone, hexane, and methylene
chloride.
Inorganic HAP. Based on information reported in survey responses
during the development of the proposed NESHAP, inorganic HAP, including
chromium, lead, and manganese compounds are contained in two kinds of
coatings used by this source category. No inorganic HAP were reported
in cleaning materials. Nationwide inorganic HAP emissions are estimated
to be less than 5 megagrams per year (Mg/yr).
D. What Is the Affected Source?
We define an affected source as a stationary source, group of
stationary sources, or part of a stationary source to which a specific
emission standard applies. This proposed rule defines the affected
source as 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 (e.g., 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.
E. What Are the Proposed Emission Limits, Operating Limits, and Other
Standards?
We are proposing standards that, if promulgated, would limit HAP
emissions from the surface coating of metal furniture. The proposed
standards include emission limits and operating limits.
Emission Limits. We are proposing to limit organic HAP emissions
from each new and reconstructed affected source to no more than 0.094
kilogram HAP per liter of coating solids used (kg/liter) (0.78 pound
per gallon (lb/gal)) each calendar month. The proposed limit for each
existing affected source is 0.12 kg HAP/liter used (1.0 lb/gal). You
would choose from several compliance options in the proposed rule to
achieve the emission limit(s). You could comply by applying materials
(coatings, thinners, and cleaning materials) that meet the emission
limit, either individually or collectively, during each monthly
compliance period. You could also use a capture system and add-on
control device to meet the emission limit, or a combination of both
approaches.
Operating Limits. If you reduce emissions by using a capture system
and add-on control device (other than a solvent recovery system for
which you conduct a monthly liquid-liquid material balance), the
proposed 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.
[[Page 20210]]
General Provisions. The General Provisions (40 CFR part 63, subpart
A) also would apply to you as outlined in the proposed 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 proposed 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 proposed rule, all
of the applicable General Provisions requirements would apply to you.
F. What Are the Proposed Testing and Initial Compliance Requirements?
Compliance Dates. Existing affected sources would have to be in
compliance with the final standards no later than 3 years after the
effective date of the subpart. The effective date is the date on which
the final rule is published in the Federal Register. New and
reconstructed sources would have to be in compliance upon startup of
the affected source or no later than the effective date, whichever is
later.
The proposed initial compliance period is 1 month and begins on the
compliance date and ends on the last day of the first full calendar
month following the compliance date; except that for new and
reconstructed sources required to conduct performance tests, it ends on
the last day of the first full calendar month following the performance
test. Being ``in compliance'' means that the owner or operator of the
affected source meets all the requirements of the rule to achieve the
proposed emission limit(s) and operating limits by the end of the
initial compliance period. At the end of the initial compliance period,
the owner or operator would use the data and records generated to
determine whether or not the affected source is in compliance for that
period. If it does not meet the applicable limit(s), then it is out of
compliance for the entire initial compliance period.
Emission Limit(s). There are several proposed options for complying
with the proposed 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 would 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 proposed rule, you would be required
to determine the mass of organic HAP in coatings, thinners, and
cleaning materials. To do this, you would 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 proposed NESHAP would provide the
information needed for compliance assurance and would not impose any
additional burden on the industry. We request comment on the
appropriateness of this provision of the proposed rule.
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 proposed rule allows you to use nonaqueous volatile
matter as a surrogate for organic HAP, which would include all organic
HAP plus all other organic compounds. If you choose this option, then
use Method 24 of 40 CFR part 60, appendix A; and
For volume coating solids, use either manufacturer's data
or ASTM Method D2697-86 (1998) or ASTM Method D6093-97.
To demonstrate initial compliance based on the materials used, you
would be 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 would be 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 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 contained in waste materials you send to a hazardous waste
treatment, storage, and disposal facility (TSDF) regulated under 40 CFR
part 262, 264, 265, or 266. The proposed 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
proposed emission limits are based. We believe that Equation 1 is a
simple mass-balance relationship which adequately quantifies the
organic HAP emissions without imposing an excessive burden on
respondents. We request comment on our approach for determining
emissions and on any alternatives.
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 (see section II.H of this
preamble).
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 would:
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 would have to be completed
no later than the compliance date for existing sources and 180 days
after the compliance date for new and
[[Page 20211]]
reconstructed sources. You would also need to schedule it in time to
obtain the results for use in completing your compliance determination
for the initial compliance period.
Determine the mass of organic HAP in each material and the
volume fraction 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, would be demonstrated based on
emission capture and reduction efficiency. To determine the capture
efficiency, you would either verify the presence of a permanent total
enclosure using EPA Method 204 of 40 CFR part 51, appendix M (and all
materials must be applied and dried within the enclosure), or use one
of three protocols in Sec. 63.4965 to measure capture efficiency. If
you have a permanent total enclosure and all materials are applied and
dried within the enclosure and you route all exhaust gases from the
enclosure to a control device, then you would assume 100 percent
capture.
To determine the emission reduction efficiency of the control
device, you would conduct measurements of the inlet and outlet gas
streams. The test would consist of three runs, each run lasting 1 hour,
using the following EPA Methods in 40 CFR part 60, appendix A:
Method 1 or 1A for selection of the sampling sites.
Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas
volumetric flow rate.
Method 3, 3A, or 3B for gas analysis to determine dry
molecular weight.
Method 4 to determine stack moisture.
Method 25 or 25A to determine organic volatile matter
concentration. 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, you could determine the
overall control efficiency using a liquid-liquid material balance
instead of conducting an initial performance test. If you use the
material balance alternative, you would be required to measure the
amount of all materials used in the affected source during the initial
compliance period and determine the total volatile matter contained in
these materials. You would also measure the amount of volatile matter
recovered by the solvent recovery system during the compliance period.
Then you would compare the amount recovered to the amount used to
determine the overall control efficiency, and apply this efficiency to
the organic HAP to solids ratio for the materials used. You would
record the calculations and results and include them in your
Notification of Compliance Status.
Operating Limits. In accordance with section 114(a) of the CAA, the
proposed 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 would establish operating limits as part of
the initial performance test of a capture system and control device,
other than a solvent recovery system for which you conduct liquid-
liquid material balances. The operating limits are the minimum or
maximum (as applicable) values achieved for capture systems and control
devices during the most recent performance test that demonstrated
compliance with the emission limit. If you operate your capture system
and control device at different sets of representative operating
conditions, you must establish operating limits for the parameters for
each different operating condition.
The proposed rule specifies the parameters to monitor for the types
of emission control systems commonly used in the industry. You would be
required to install, calibrate, maintain, and continuously operate all
monitoring equipment according to manufacturer's specifications and
ensure that the CPMS meet the requirements in Sec. 63.4968 of the
proposed rule. If you use control devices other than those identified
in the proposed rule, you would submit the operating parameters to be
monitored to the Administrator for approval. The authority to approve
the parameters to be monitored is retained by the EPA and is not
delegated to States. We request comment on whether there are
alternative means of monitoring performance for add-on controls which
would be appropriate. Commenters should address the relative
effectiveness and cost of alternatives.
If you use a thermal or catalytic oxidizer, you would 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 would be the
average temperature measured during the performance test, and during
each 3-hour period the average temperature would have to be at or above
this limit. For catalytic oxidizers, temperature monitors are placed
immediately before and after the catalyst bed. The operating limits
would be the average 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 would
have to be at or above these limits.
If you use a solvent recovery system, and do not conduct liquid-
liquid material balances to demonstrate compliance, then you would
monitor the carbon bed temperature after each regeneration and the
total amount of steam or nitrogen used to desorb the bed for each
regeneration. The operating limits would be the carbon bed temperature
(not to be exceeded) and the amount of steam or nitrogen used for
desorption (to be met as a minimum).
If you use a condenser, you would monitor the outlet gas
temperature to ensure that the air stream is being cooled to a low
enough temperature. The operating limit would be the average condenser
outlet gas temperature measured during the performance test, and for
each 3-hour period the average temperature would have to be at or below
this limit.
For each capture system, you would establish operating limits for
gas volumetric flow rate and pressure drop across an opening in each
enclosure or capture device. The operating limit would be the average
volumetric flow rate and average pressure drop across the opening
during the performance test, to be met as a minimum.
[[Page 20212]]
We request comment on the proposed testing and initial compliance
requirements discussed above.
G. What Are the Proposed Continuous Compliance Provisions?
Emission Limit(s)
If you demonstrate compliance with the proposed emission limit(s)
based on the materials used in the affected source, you would ensure,
for each monthly compliance period, that the ratio of organic HAP to
coating solids meets the emission limit. You would follow the same
procedures as you would for the initial compliance period, as described
in section II.F of this preamble.
For each coating operation on which you use a capture system and
control device, other than solvent recovery for which you conduct a
monthly liquid-liquid material balance, you would use the continuous
parameter monitoring results for the month in determining the mass of
organic HAP emissions. If the monitoring results indicate no deviations
from the operating limits and there were no bypasses of the control
device, then you would assume the capture system and control device is
achieving the same percent emission reduction efficiency as it did
during the performance test. You would then apply this percent
reduction to the total mass of organic HAP in materials used in
controlled coating operations to determine the monthly emission rate
from those operations. If there were any deviations from the operating
limits during the month or any bypasses of the control device, you
would account for them in the calculation of the monthly emission rate
by assuming the capture system and control device were achieving zero
emission reduction during the periods of deviation.
For each coating operation on which you use a solvent recovery
system and conduct a liquid-liquid material balance each month, you
would use the liquid-liquid material balance to determine control
efficiency. To determine the overall control efficiency, you must
measure the amount of all materials applied during each month and
determine the volatile matter content of these materials. You must also
measure the amount of volatile matter recovered by the solvent recovery
system during the month, calculate the overall control efficiency, and
apply it to the total mass of organic HAP in the materials used to
determine total organic HAP emissions.
The monthly emission rate for your affected source would be the
total mass of organic HAP emissions from all controlled and
uncontrolled coating operations divided by the total volume of coating
solids used during the compliance period.
Operating Limits. If you use a capture system and control device,
the proposed rule would require you to achieve on a continuous basis
the operating limits you establish during the performance test
described in section II.F of this preamble. If the continuous
monitoring shows that the capture system and control device is
operating outside the range of values established during the
performance test, then you have deviated from the established operating
limits.
If you operate a capture system and control device that allows
emissions to bypass the control device, you would have to demonstrate
that HAP emissions from each emission point within the affected source
are being routed to the control device by monitoring for potential
bypass of the control device. You may choose from the following four
monitoring procedures:
(1) Flow control position indicator to provide a record of
whether the exhaust stream is directed to the control device;
(2) Car-seal or lock-and-key valve closures to secure the bypass
line valve in the closed position when the control device is
operating;
(3) Valve closure continuous monitoring to ensure any bypass
line valve or damper is closed when the control device is operating;
or
(4) Automatic shutdown system to stop the coating operation when
flow is diverted from the control device. If the bypass monitoring
procedures indicate that emissions are not routed to the control
device, then you have deviated from the emission limit.
Operations During Startup, Shutdown, and Malfunction. If you use a
capture system and control device for compliance, you would be required
to develop and operate according to a startup, shutdown, and
malfunction plan during periods of startup, shutdown, and malfunction
of the capture system and control device.
Emissions Reductions Plan for Mixing, Storage, and Waste Handling.
If you use a capture system and control device for compliance, you
would be required to develop and operate according to a plan for
reducing emissions from mixing operations, storage tanks or other
containers, and waste handling operations. This plan would include a
description of all steps taken to minimize emissions from these sources
(e.g., using closed storage containers, practices to minimize emissions
during filling and transfer of contents from containers, using spill
minimization techniques, placing solvent-laden cloth in closed
containers immediately after use, etc.). If you do not develop a plan
or you do not implement the plan, this would be a deviation from the
work practice standard.
We request comment on the proposed continuous compliance
requirements discussed above.
H. What Are the Proposed Notification, Recordkeeping, and Reporting
Requirements?
You would be required to comply with the applicable requirements in
the NESHAP General Provisions, subpart A of 40 CFR part 63, as
described in the proposed rule. The General Provisions notification
requirements include: (1) Initial notifications, (2) notification of
performance test if you are complying using a capture system and
control device, (3) notification of compliance status, and (4)
additional notifications required for affected sources with continuous
monitoring systems. The General Provisions also require certain records
and periodic reports.
Initial Notifications. If the proposed standards apply to you, you
would be required to send a notification to the EPA Regional Office in
the region where your facility is located and to your State agency at
least 1 year before the compliance date for existing sources and within
120 days after the date of initial startup for new and reconstructed
sources, or 120 days after publication of the final rule, whichever is
later. This report notifies us and your State agency that you have an
existing facility that is subject to the proposed standard or that you
have constructed a new facility. Thus, it allows you and the permitting
authority to plan for compliance activities. You would also need to
send a notification of planned construction or reconstruction of a
source that would be subject to the rule and apply for approval to
construct or reconstruct.
Notification of Performance Test. If you demonstrate compliance by
using a capture system and control device for which you do not conduct
a monthly liquid-liquid material balance, you would be required to
conduct a performance test, as described in section II.F of this
preamble, no later than the compliance date for your affected source.
You would be required to notify your EPA Regional Office (or the
delegated State or local agency) at least 60 calendar days before the
performance test is scheduled to begin, as indicated in the General
Provisions for the NESHAP.
Notification of Compliance Status. Your compliance procedures would
depend on which compliance option you choose. For each compliance
option, you would send us a
[[Page 20213]]
Notification of Compliance Status within 30 days after the end of the
initial compliance period described in section II.F of this preamble.
In the notification, you would 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 would also include the measured range
of each monitored parameter and the operating limits established during
the performance test, and information showing whether the source has
achieved its operating limits during the initial compliance period.
Recordkeeping Requirements. You would be required to keep records
of reported information and all other information necessary to document
compliance with the proposed rule for 5 years. As required under the
General Provisions, records for the 2 most recent years would be
required to be kept on-site; the other 3 years' records could be kept
off-site. Records pertaining to the design and operation of the control
and monitoring equipment would have to be kept for the life of the
equipment.
Depending on the compliance option that you choose, you could need
to keep records of the following:
Organic HAP content, volatile matter content, 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 would also need to keep records of the following:
The occurrence and duration of each startup, shutdown, or
malfunction of the emission capture system and control device;
All maintenance performed on the capture system and
control device;
Actions taken during startup, shutdown, and malfunction
that are different from the procedures specified in the affected
source's startup, shutdown, and malfunction plan;
All information necessary to demonstrate conformance with
the affected source's startup, shutdown, and malfunction plan when the
plan procedures are followed;
All information necessary to demonstrate conformance with
the affected source's plan for minimizing emissions from mixing,
storage, and waste handling operations;
Each period during which a CPMS is malfunctioning or
inoperative (including out-of-control periods);
All required measurements needed to demonstrate compliance
with the standards; and
All results of performance tests.
The proposed rule would require you to collect and keep records
according to certain minimum data requirements for the CPMS. Failure to
collect and keep the specified minimum data would be a deviation that
is separate from any emission limit, operating limit, or work practice
standard.
Deviations, as determined from these records, would need to be
recorded and also reported, as described in section II.H of this
preamble. A deviation is any instance when any requirement or
obligation established by the proposed rule including, but not limited
to, the emission limit(s), operating limits, and work practice
standards, is not met.
If you use a capture system and control device to reduce HAP
emissions, you would have to make your startup, shutdown, and
malfunction plan available for inspection if the Administrator requests
to see it. It would stay in your records for the life of the affected
source or until the source is no longer subject to the standards. If
you revise the plan, you would need to keep the previous superceded
versions on record for 5 years following the revision.
Periodic Reports. Each reporting year is divided into two
semiannual reporting periods. If no deviations occur during a
semiannual reporting period, you would submit a semiannual report
stating that the affected source has been in continuous compliance. If
deviations occur, you would need to document them in the report as
follows:
Report each deviation from the monthly emission limit.
If you are complying by using a thermal oxidizer, report
all times when a 3-hour average temperature is below the operating
limit.
If you are complying by using a catalytic oxidizer, report
all times when a 3-hour average temperature difference across the
catalyst bed is below the operating limit, and when a 3-hour average
combustion temperature before the catalyst bed is below the operating
limit.
If you are complying by using oxidizers, or solvent
recovery systems where liquid-liquid material balances are not
conducted, report all times when the value of the site-specific
operating parameter used to monitor the capture system performance was
less than the operating limit established for the capture system.
If you are complying by using a carbon adsorber for which
you do not conduct liquid-liquid material balances, report all times
when the steam or nitrogen flow is less than, and/or the carbon bed
temperature is more than, the operating limits.
If you are complying by using a condenser, report all
times when a 3-hour average outlet temperature is higher than the
operating limit.
If your capture system contains bypass lines that could
divert emissions from the control device to the atmosphere, report all
times when emissions were not routed to the control device.
Report other specific information on the periods of time
the deviations occurred.
You would also have to include an explanation in each semiannual
report if a change occurs that might affect the compliance status of
the affected source or you change to another option for meeting the
emission limit.
Other Reports. You would be required to submit reports for periods
of startup, shutdown, and malfunction of the capture system and control
device. If the procedures you follow during any startup, shutdown, or
malfunction are inconsistent with your plan, you would report those
procedures with your semiannual reports in addition to the immediate
reports required by Sec. 63.10(d)(5)(ii).
We request comment on the proposed notification, recordkeeping, and
reporting requirements discussed above.
III. Rationale for Selecting the Proposed Standards
A. How Did We Select the Source Category?
The surface coating of metal furniture is a source category that is
on the list of source categories to be regulated because it contains
major sources which emit or have the potential to emit, considering
controls, at least 10 tons of any one HAP or at least 25 tons of any
combination of HAP annually. The proposed rule would control HAP
emissions from both new and existing major sources. Area sources are
not being regulated under this proposed rule.
The surface coating of metal furniture as described in the listing
includes any facility engaged in the surface coating and manufacture or
repair of metal furniture parts or products (including, but not limited
to, chairs, tables, cabinets, and bookcases). We use the
[[Page 20214]]
metal furniture product lists contained in the SIC and NAICS code
descriptions to describe the vast array of metal furniture parts and
products.
We intend the source category to include facilities for which the
surface coating of metal furniture is either their principal activity
or is an integral part of a production process which is the principal
activity. Most coating operations are located at plant sites that are
dedicated to these activities. However, some may be located at sites
for which some other activity is principal. Collocated surface coating
operations comparable to the types and sizes of the dedicated
facilities, in terms of the coating process and applicable emission
control techniques, are included in the source category.
The source category does not include research or laboratory
facilities or janitorial, building, and facility maintenance
operations.
The statute gives us discretion to determine if and how to
subcategorize. Once the floor has been determined for new or
reconstructed and existing affected sources for a source category or
subcategory, we must set MACT standards that are no less stringent than
the MACT floor. Such standards must then be met by all sources within
the source category or subcategory. A subcategory is a group of similar
sources within a given source category. As part of the regulatory
development process, we evaluate the similarities and differences
between industry segments or groups of facilities comprising a source
category. In establishing subcategories, we consider factors such as
process operations (type of operation, raw materials, chemistry/
formulation data, associated equipment, and final products); emission
characteristics (amount and type of HAP); control device applicability;
and opportunities for pollution prevention. We may also consider
existing regulations or guidance from States and other regulatory
agencies in determining subcategories. The data available to us
indicate that there are not significant differences across the source
category in the substrates coated, the coating technologies used, the
range of HAP content in the coatings and materials used, or the
applicability of control measures used. Based on this information, we
believe that subcategories are not warranted for the metal furniture
surface coating source category. We specifically request comment on
this view and ask that commenters provide data, information, and
rationale to support their position.
B. How Did We Select the Regulated Pollutants?
Organic HAP. Available emission data collected during the
development of the proposed NESHAP show that the primary organic HAP
emitted from the surface coating of metal furniture include xylene,
toluene, glycol ethers, 2-butoxy ethanol, ethylbenzene, and methyl
ethyl ketone. These compounds account for about 90 percent of this
category's nationwide organic HAP emissions. However, many other
organic HAP are used, or can be used, in metal furniture coatings,
thinners, and cleaning materials. Therefore, the proposed rule would
regulate emissions of all organic HAP.
Inorganic HAP. Based on information reported in response to surveys
during the development of the proposed NESHAP, most of the coatings
used in this source category do not contain inorganic HAP.
Approximately 680 coatings were reported in the survey responses from
the metal furniture industry, and only 2 coatings are reported as
containing inorganic HAP such as chromium, lead, or manganese
compounds. These 2 coatings represent less than 0.5 percent of the
total volume of coatings reported in the survey responses. The
facilities in this source category using coatings with inorganic HAP
employ either a waterwash system or dry particulate filters that reduce
inorganic HAP emissions from the spray booth exhaust. At this time, it
does not appear that emissions of inorganic HAP from this source
category warrant Federal regulation.
C. How Did We Select the Affected Source?
In selecting the affected source(s) for emission standards, our
primary goal is to ensure that MACT is applied to HAP-emitting
operations or activities within the source category being regulated.
The affected source also serves to distinguish where new source MACT
applies under a particular standard. Specifically, the General
Provisions in subpart A of 40 CFR part 63 define the terms
``construction'' and ``reconstruction'' with reference to the term
``affected source'' (40 CFR 60.2) and provide that new source MACT
applies when construction or reconstruction of an affected source
occurs (40 CFR 60.5). The collection of equipment and activities
evaluated in determining MACT (including the MACT floor) is used in
defining the affected source.
When an emission standard is based on a collection of emissions
sources, or total facility emissions, we select an affected source
based on that same collection of emission sources, or the total
facility, as well. This approach for defining the affected source
broadly is particularly appropriate for industries where a plantwide
emission standard provides the opportunity and incentive for owners and
operators to utilize control strategies that are more cost effective
than if separate standards were established for each emission point
within a facility.
Selection of the Affected Source. The affected source for these
proposed standards is broadly defined to include all operations
associated with the coating and cleaning of metal furniture and
cleaning of equipment. These operations include storage and mixing of
coatings and other materials; surface preparation of the metal
furniture prior to coating application; coating application and flash-
off, drying and curing of applied coatings; cleaning operations; and
waste handling operations.
In selecting the affected source, we considered, for each
operation, the extent to which HAP-containing materials are used and
the level of HAP that are emitted. Cleaning and coating application,
flash-off, and curing/drying operations account for the majority of HAP
emissions at metal furniture surface coating operations, and most of
the industry's emission reduction efforts have been focused on these
areas. Thus, we included these operations in the affected source.
We were not able to obtain data to adequately quantify HAP
emissions from storage, mixing, and waste handling. However, solvents
that are added to coatings as thinners, and other HAP-containing
additives to coatings, may be emitted during mixing and storage. The
level of emissions would depend on the type of mixing equipment, the
type of storage container, and the work practices adopted at the
facility. Emissions from waste handling operations depend on the type
of system used to collect and transport organic HAP-containing waste
coatings, thinners, and cleaning materials in the facility. For
example, solvent-laden rags that are used to clean spray booths or
tanks could be a source of HAP emissions. The method used to isolate
and store such rags would affect the level of emissions to ambient air.
Mixing, storage, and waste handling operations are included in the
affected source.
A broad definition of the affected source was selected to provide
maximum flexibility in complying with the proposed emission limits for
organic HAP. In planning its total usage of HAP-
[[Page 20215]]
containing materials, each facility can select among available
coatings, thinners, and cleaning materials to comply with the proposed
limits.
Additional information on the metal furniture surface coating
operations selected for regulation, and other operations, are included
in the docket for the proposed standards.
D. How Did We Determine the Basis and Level of the Proposed Standards
for Existing and New Sources?
The sections below present the rationale for determining the MACT
floor, regulatory alternatives beyond the floor, and selection of the
proposed standards for existing and new affected sources.
How did we determine the MACT floor technology? After we identify
the specific source categories or subcategories of sources to regulate
under section 112, we must develop emission standards for each category
or subcategory. Section 112 establishes a minimum baseline or ``floor''
for standards. For new sources in a category or subcategory, the
standards cannot be less stringent than the emission control that is
achieved in practice by the best-controlled similar source (section
112(d)(3)). The standards for existing sources can be less stringent
than standards for new sources, but they cannot be less stringent than
the average emission limitation achieved by the best-performing 12
percent of existing sources (or the best-performing 5 sources for
categories or subcategories with fewer than 30 sources).
Within the metal furniture industry, organic HAP emission control
for cleaning and surface coating operations is accomplished primarily
through the use of lower-HAP coatings, thinners, and cleaning
materials. Add-on capture and control systems for organic HAP are
rarely used by the industry. While lower organic HAP materials are
broadly used throughout the industry, each particular coating
technology is not used at every facility. Rather, facilities use
various combinations of low-HAP coatings, thinners, and cleaning
materials. Thus, the most reasonable approach to establishing a MACT
floor appeared to be evaluation of a facility's organic HAP emissions
from all coating-related operations. To account for differences in
production levels from one facility to another, we normalized the
organic HAP emissions by the volume of coating solids used. We believe
coating solids usage is an appropriate indicator of overall production
level.
We used information obtained from industry survey responses to
estimate the sourcewide organic HAP emissions. We calculated total
organic HAP emissions by assuming that 100 percent of the volatile
components in all coatings (including adhesives), thinners, and
cleaning materials (including surface preparation materials) are
emitted.
The survey response information was also used to determine the
total volume of coating solids used. We included protective and
functional coatings, as well as adhesives, in this total.
Using the sourcewide organic HAP emissions and the total volume of
coating solids used. We calculated the normalized organic HAP emission
rate in units of kilograms organic HAP per liter of coating solids
used. The facilities were then ranked from the lowest emission rate to
the highest. We based this analysis on a total of 49 facilities
reporting over 9 million liters usage of approximately 680 coatings and
adhesives, as well as 730,000 liters of cleaning materials.
A detailed description of the determination of the MACT floor is
provided in a memo (the MACT floor memo) in the docket for the proposed
rule. The description includes all the assumptions and it documents the
methodology that was used. (See ADDRESSES section of this preamble for
information on the docket). We specifically request comment on the
methodology used to determine the MACT floor, as summarized below.
The MACT floor for existing sources was determined by the
arithmetic mean of the HAP emission rates of the top 12 percent of 49
facilities, which were the top 6 facilities. This mean value was 0.12
kg organic HAP/liter of coating solids used (1.0 lb/gal) and represents
the existing source MACT floor for organic HAP. The survey data showed
no appreciable differences between the floor facilities and the
remaining facilities in the database in the substrates coated, the
coating technologies used, or the applicability of control measures
across the various operations.
Using the list of facilities ranked by emission rates, we observed
that the best controlled source emitted 0.094 kg organic HAP/liter of
coating solids used (0.78 lb/gal). Before establishing this level of
emissions as the new source MACT floor, we evaluated the metal
furniture surface coating operations at this source to determine if the
coating technology (in terms of the coating type and application
method) used was transferable throughout the industry. We also
determined whether the product type produced at this source affected
the emissions such that the source may not be similar to all other
sources in the category. For example, a source that coats only interior
parts could have significantly different requirements and coating
choices than a source that had the visual and quality requirements
associated with coating parts for the exterior of the product. We also
determined that the emission limit represented by the lowest-emitting
source could be achieved through the use of add-on control devices for
those facilities electing to use higher organic HAP coatings, thinners,
and cleaning materials.
The best-controlled source produces products (metal storage
cabinets, lockers, and racks) that are not unusual for the industry.
The source spray applies solvent-based coatings, and all cleaning
materials used for surface preparation prior to coating are free of
organic HAP. Coating application equipment is cleaned with solvents
containing organic HAP. Thus, the source is employing technologies that
are already in widespread use throughout the metal furniture coating
industry. We believe that this source is similar to other sources in
the category and represents the best-controlled source in our database.
We recognize that some sources may have limited choices in the
coatings available for their particular application. As a result,
lower-HAP coatings may not be available to meet the needs of every
source. However, if the source is also using cleaning materials that
contain organic HAP, then it may be able to meet the emission limit by
reformulating these cleaning materials. A source also would have the
option of using capture systems and control devices to reduce emissions
although we believe choice of this option is not likely for most
sources.
How did we consider beyond-the-floor technology? After the floors
have been determined for new and existing sources in a source category
or subcategory, we must set emission standards that are no less
stringent than the floors. Such standards must then be met by all
sources within the category or subcategory. We identify and consider
any reasonable regulatory alternatives that are ``beyond the floor,''
taking into account emission reduction, cost, nonair quality health and
environmental impacts, and energy requirements. These alternatives may
be different for new and existing sources because of different MACT
floors, and separate standards may be established for new and existing
sources.
We identified three regulatory alternatives more stringent than the
MACT floor level of control for organic HAP. These alternatives were
(1)
[[Page 20216]]
conversion to powder coatings; (2) conversion to liquid coatings that
have a very low, or no, organic HAP content; and (3) use of add-on
capture systems and control devices.
Information indicates that several metal furniture surface coating
facilities have converted to using only powder coatings. Such
facilities typically produce a single type of product (such as
warehouse shelving units), do not require unusual finishes, and use a
small number of colors. Many metal furniture surface coating
facilities, however, manufacture more than one product and often use a
wide array of colors. Many also achieve finish types that cannot be
duplicated with powder coatings.
Powder coating may not produce the varied surface finishes and
colors available from liquid coatings. Although powder coatings may be
somewhat more durable than conventional liquid coatings, specialty
finishes such as antique and crackle, as well as the palette of
designer colors offered by some manufacturers, may not be adequately
duplicated by powder coatings. Consequently, while powder coating is a
proven technology that can be used in many situations, we do not
believe it is appropriate to require the use of powder coatings for all
segments of the metal furniture industry and have not included them in
our proposal as a beyond-the-floor option.
Lower organic HAP liquid coatings fall into two primary categories.
The most common are coatings formulated with solvents that are not
organic HAP (but may be VOC). The second category are those coatings
that result from alternate technologies such as Ultraviolet (UV)-
curable coatings and autophoretic coatings. The UV-curable coatings may
or may not include organic solvents, which may contain HAP or VOC, to
keep the pigment and other components of the coating in solution until
curing. Autophoretic coatings use no organic HAP and only small amounts
of VOC, but they may contain inorganic HAP. These coatings are applied
using a dip application method where a chemical reaction deposits the
coating on the surface of the part.
These lower organic HAP coatings are currently in production use
but their applicability is limited for this industry. The selection of
lower organic HAP coatings is limited and is not extensive enough to
broadly meet the needs of all segments of the metal furniture industry.
Given the limited applicability of UV-curable and autophoretic coating
technologies, we do not believe it is feasible to require the use of
these coating technologies and have not included them in our proposal
as a beyond-the-floor option for organic HAP.
It is technically feasible to achieve organic HAP emission rates
lower than the MACT floor levels through the use of emission capture
systems and control devices. For example, the use of a permanent total
enclosure and an oxidizer could further reduce organic HAP emissions
from typical sources by about 4.2 Mg (4.6 tons) to 31 Mg (34 tons) per
year. However, the cost of such a system could be approximately $1
million. We believe that the additional emission reduction would not
justify the additional cost. Therefore, we have not included the use of
emission capture and control systems in our proposal as a beyond-the-
floor option.
How did we select the standards? For existing sources, we based the
standards on the existing source MACT floor. As described earlier, we
believe that beyond-the-floor options are not technically or
economically feasible for all existing sources. For the same reasons,
we are basing the proposed standards for new sources on the new source
MACT floor.
Without having information on the benefits that would be achieved
by further reducing emissions beyond the floor, we believe that the
additional emission reductions that could be achieved do not warrant
the costs that each source could incur. Therefore, we would not require
beyond-the-floor levels of emission reductions in this proposed rule.
After implementation of a final MACT rule for this category, we will
evaluate the health and environmental risks that may be posed as a
result of exposure to emissions from the metal furniture surface
coating source category, as required by section 112(f) of the CAA. At
that time, we will evaluate whether additional controls are warranted
in light of the available risk information. We specifically request
comment on our proposal not to base the CAA section 112(d) standards on
a beyond-the-floor option. A beyond-the-floor option could apply to all
segments of the metal furniture surface coating source category or to
only certain segments. Comments supporting our proposed decision not to
go beyond the floor as well as comments opposing the decision should
include data, information, and rationale supporting the position of the
commenter.
We note here that our assumption, in the development of the MACT
floors, that 100 percent of the organic HAP in the materials used are
emitted by the affected source would not apply when the source sends
waste organic HAP-containing materials to a facility for treatment or
disposal. We made this assumption because the industry survey responses
provided little information as to the amount of organic HAP recovered
and recycled or treated and disposed. We, therefore, believe that this
practice is not common within the metal furniture industry. We
recognize, however, that some metal furniture facilities may conduct
such activities and should be allowed to account for such activities in
determining their emissions. Thus, the proposed regulation would allow
you to reduce the affected sourcewide organic HAP emissions by the
amount of any organic HAP contained in waste treated or disposed at a
hazardous waste treatment, storage, and disposal facility that is
regulated under 40 CFR part 262, 264, 265, or 266.
E. How Did We Select the Format of the Standards?
Numerical emission standards are required by section 112 of the CAA
unless we determine that it is not feasible to prescribe or enforce an
emission standard, in which case a design, equipment, work practice, or
operational standard can be set (section 112(h) of the CAA). The
formats considered for the proposed standards and the considerations in
selection of the format are discussed below.
We selected as the format of the proposed standards for organic
HAP, mass of organic HAP per volume of coating solids used. The
performance-based nature of this proposed format would allow metal
furniture coating operation owners and operators flexibility in
choosing any combination of means (including coating reformulation, use
of lower-HAP or non-HAP materials, solvent elimination, work practices,
and add-on control devices) to comply with the emission limit that is
workable for their particular situations.
We selected volume of coating solids as a component of the proposed
standards to normalize the rate of organic HAP emissions across all
sizes and types of facilities. We could not normalize by surface area
due to lack of information. We selected the volume of coating solids
used because it is directly related to the surface area coated (i.e.,
the average dry film thickness of coatings on most metal furniture
products is generally consistent) and, therefore, provides an equitable
basis for all coatings, regardless of differences in coating densities.
A format based on the mass or weight of coating solids (instead of
volume) could result in inequitable standards for higher-density
pigmented coatings, such as basecoats or enamels,
[[Page 20217]]
compared to coatings with lower densities per unit volume.
Other choices for the format of the standards that we considered,
but rejected, included a usage limit (mass per unit time) and a never-
to-be-exceeded limit on the organic HAP content of coatings and
cleaning materials. As it is not our intent to limit a facility's
production under these proposed standards, we have not proposed a usage
limit. We also chose not to propose a never-to-be-exceeded limit
because the availability of all the different kinds of coatings
required by the metal furniture industry at or below such a limit does
not appear to be sufficient to meet the needs of all segments of the
industry.
F. How Did We Select the Testing and Initial Compliance Requirements?
The proposed standards would allow you to choose among several
methods to demonstrate compliance with the proposed standards for
organic HAP: (1) Coatings with low or no organic HAP; (2) an overall
organic HAP emission rate from all coatings, thinners, and cleaning
materials that is less than the applicable emission limit; or (3)
capture systems and control devices.
Coatings with Low or No Organic HAP. You would be required to
document the organic HAP content of all coatings and show that each is
less than the applicable emission limit. You would also have to show
that each thinner and each cleaning material used contains no organic
HAP. Method 311 is the method developed by EPA for determining the mass
fraction of organic HAP in coatings and has been used in previous
surface coating NESHAP. We have not identified any other methods that
provide advantages over Method 311 for use in the proposed standards.
Method 24 is the method developed by EPA for determining the mass
fraction of volatile matter for coatings and can be used if you choose
to determine the nonaqueous volatile matter content as a surrogate for
organic HAP. In past standards, VOC emission control measures have been
implemented in the coatings industry, with Method 24 as the compliance
method. We have not identified any other methods that provide
advantages over Method 24 for use in the proposed standards.
The proposed requirements for determining volume coating solids
would allow you to choose between using manufacturer's data or
measuring the volume with either ASTM Method D2697-86 (1998) or ASTM
Method D6093-97.
Overall Organic HAP Emission Rate. To demonstrate compliance using
this option, you would calculate the organic HAP emission rate for your
affected source, based on the mass of organic HAP in all coatings,
thinners, and cleaners and the volume of coating solids used during the
compliance period, and demonstrate that it does not exceed the
applicable emission limit. You would document these values using the
methods discussed previously.
Capture Systems and Control Devices. If you use a capture system
and control device, other than a solvent recovery device for which you
conduct a monthly liquid-liquid material balance, you would be required
to conduct an initial performance test of the system to determine its
overall control efficiency. For a solvent recovery system for which you
conduct a liquid-liquid material balance, you would determine the
quantity of volatile matter applied in the affected source and the
quantity recovered during the initial compliance period to determine
its overall control efficiency. For both cases, the overall control
efficiency would be combined with the monthly mass of organic HAP in
the coatings and other materials used in the affected source to derive
the monthly HAP emission rate in kg HAP/liter of coating solids used.
If you conduct a performance test, you would also determine parameter
operating limits during the test. The test methods that the proposed
standards would require for the performance test (described in section
II.F of this preamble) have been required under many standards of
performance for industrial surface coating sources under 40 CFR part 60
and NESHAP under 40 CFR part 63. We have not identified any other
methods that provide advantages over these methods.
G. How Did We Select the Continuous Compliance Requirements?
To ensure continuous compliance with the proposed organic HAP
emission limit(s) and/or operating limits, the proposed standards would
require continuous parameter monitoring of capture systems and control
devices and recordkeeping. We selected the following requirements based
on reasonable cost, ease of execution, and usefulness of the resulting
data to both the owners or operators and EPA for ensuring continuous
compliance with the emission limit(s) and/or operating limits.
We are proposing that certain parameters be continuously monitored
for the types of capture systems and control devices commonly used in
the industry. These monitoring parameters have been used in other
standards for similar industries. The values of these parameters that
correspond to compliance with the proposed emission limit(s) are
established during the initial or most recent performance test that
demonstrates compliance. These values are your operating limits for the
capture system and control device.
You would be required to determine consecutive 3-hour average
values for most monitored parameters for the affected source. We
selected this averaging period to ensure the control system is
continuously operating at conditions that are the same or better than
those recorded during a performance test demonstrating compliance with
the emission limit(s).
To demonstrate continuous compliance with the monthly emission
limit(s), you would also need records of the quantity of coatings and
other materials used and the data and calculations supporting your
determination of their HAP content. If you conduct monthly liquid-
liquid material balances, you would need records of the quantity of
volatile matter used in the affected source and the quantity recovered
by the solvent recovery system each month.
H. How Did We Select the Notification, Recordkeeping, and Reporting
Requirements?
You would be required to comply with the applicable requirements in
the NESHAP General Provisions, subpart A of 40 CFR part 63, as
described in Table 2 of the proposed subpart RRRR. We evaluated the
General Provisions requirements and included those we determined to be
the minimum notification, recordkeeping, and reporting necessary to
ensure compliance with, and effective enforcement of, the proposed
standards.
I. How Did We Select the Compliance Date?
You would be allowed 3 years to comply with the final standards for
existing affected sources. This is the maximum period allowed by the
CAA. We believe that 3 years for compliance is necessary to allow
adequate time to accommodate the variety of compliance methods that
existing sources may use. Most sources in this category would need this
3-year maximum amount of time to develop and test reformulated
coatings, particularly those who may opt to comply using a different
lower-emitting coating technology. We want to encourage the use of
these pollution prevention technologies. In addition, time would be
needed to establish
[[Page 20218]]
records management systems required for enforcement purposes. Sources
that choose to use emission capture and control systems may need this
time to purchase and install them and to obtain a permit for the use of
add-on controls.
The CAA requires that new or reconstructed affected sources comply
with standards immediately upon startup or the effective date of the
final rule, whichever is later.
IV. Summary of Environmental, Energy, and Economic Impacts
Model plants were developed to aid in the estimation of the impacts
the 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. Impacts were then
developed for each model plant, and these individual impacts were
scaled to nationwide levels based on the number of facilities
corresponding to each model plant size. We used the model plant
approach because we did not have adequate data to determine impacts for
each actual facility.
A variety of compliance methods are available to the industry to
meet the proposed emission limit(s). We analyzed the information
obtained from the industry survey responses, industry site visits,
trade groups, and industry representatives to determine which
compliance methods would most likely be used by existing and new
sources. We expect that the most widely-used method 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 assumed that new sources would also use lower-
HAP materials.
We first estimated the impacts of the proposed 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 background information document, EPA-453/R-01-
010.
A. What Are the Air Impacts?
For existing major sources, we estimated that compliance with the
proposed emission limits would result in a reduction of nationwide
organic HAP emissions of 13,900 Mg/yr (15,274 tpy). This represents a
reduction of approximately 70 percent from the baseline organic HAP
emissions of 20,300 Mg/yr (22,308 tpy).
The estimated baseline organic HAP emissions for new sources (20
over the first 5 years after promulgation of the final rule) would be
approximately 635 Mg (698 tons) in the fifth year. Emissions from new
sources would be reduced by approximately 465 Mg (511 tons) in the
fifth year as a result of the proposed standards (73 percent
reduction).
B. What Are the Cost Impacts?
An affected source may incur three types of costs to comply with
the proposed 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 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 proposed 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
facilities. Approximately 60 facilities would have only recordkeeping
and reporting costs because these facilities would already be in
compliance with the proposed standards (based on survey responses).
Facilities that would achieve area source status before the compliance
date of the final standards will only incur costs of reading the rule.
In addition to the direct costs, all affected sources would incur some
recordkeeping and reporting costs.
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 $26,574. This value includes monitoring,
recordkeeping, and reporting costs.
We estimated total nationwide annual costs in the fifth year to
comply with the proposed 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. We estimated the number of new major sources based on
information from industry trade groups. Starting with the anticipated
annual sales growth for the industry, excluding price increases and
inflation, we determined the amount of coating capacity that would be
needed to meet the predicted increase in demand. Based on information
provided by industry representatives, we assumed that 75 percent of
this coating capacity could be absorbed by excess capacity at existing
facilities. The remaining 25 percent increase in capacity was estimated
to be met by the construction of four new facilities per year for the
first 5 years after promulgation of the final standards.
Based on available information, we determined which compliance
methods will most likely be used by new sources and, therefore, which
compliance methods to use to estimate the cost impacts. We determined
that new sources would choose reformulated lower organic HAP content
materials to meet the new source emission limit.
For the 20 new facilities anticipated over the 5-year period after
promulgation of the final standards, annual costs in the fifth year are
estimated to be $0.6 million. We estimated no incremental costs
associated with use of lower-HAP coatings and thinners. Only the
incremental cost of organic HAP-free cleaning materials over organic
HAP cleaning materials was counted. There are no anticipated capital
costs.
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 proposed standards
as well as its social costs. In general, we expect the economic impacts
of the proposed standards to be minimal, with price increases and
production decreases of less than 0.1 percent. Given the negligible
market impacts of this proposed 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
[[Page 20219]]
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
proposed standards. International trade impacts would only occur for
the metal household furniture segment of the industry, but the small
price increase (i.e., 0.04 percent) on this segment indicates
negligible impacts, if any. Based on the projected characteristics and
costs for new sources, EPA does 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 No. A-97-40).
D. What are the Nonair Health, Environmental, and Energy Impacts?
Based on information from the industry survey 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.
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and
therefore subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. The EPA has submitted the action to
OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the docket (see ADDRESSES section
of this preamble).
B. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State
law, unless the Agency consults with State and local officials early in
the process of developing the proposed regulation.
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Pursuant to the terms of
Executive Order 13132, it has been determined that this rule does not
have ``federalism implications,'' because it does not meet the
necessary criteria. Thus, the requirements of section 6 of the
Executive Order do not apply to this proposed rule.
C. 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 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175. No
tribal governments own or operate metal furniture surface coating
facilities. Thus, Executive Order 13175 does not apply to this rule.
D. Executive Order 13045, Protection of Children from Environmental
Health Risks and Safety Risks
Executive Order 13045 (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, the 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 proposed rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety
[[Page 20220]]
risks. No children's risk analysis was performed because no alternative
technologies exist that would provide greater stringency at a
reasonable cost. Furthermore, this rule has been determined not to be
``economically significant'' as defined under Executive Order 12866.
E. Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this proposed rule is not likely to have any
adverse energy effects. Affected sources are expected to comply with
the proposed rule through pollution prevention rather than end-of-pipe
controls, and therefore, there would be no increase in energy usage.
F. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year. Before promulgating an EPA rule for
which a written statement is needed, section 205 of the UMRA generally
requires the 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 the 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 the EPA establishes any regulatory requirements
that may significantly or uniquely affect small governments, including
tribal governments, it must have developed under section 203 of the
UMRA a small government agency plan. The plan must provide for
notifying potentially affected small governments, enabling officials of
affected small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
The EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of this
rule for any year has been estimated to be less than $15.4 million.
Thus, today's proposed rule is not subject to the requirements of
sections 202 and 205 of the UMRA. In addition, the EPA has determined
that this proposed rule contains no regulatory requirements that might
significantly or uniquely affect small governments. This rule contains
requirements that may apply to State governments' correctional
institutions that manufacture or repair metal furniture. However, these
requirements do not uniquely or significantly affect those
institutions. Therefore, today's proposed rule is not subject to the
requirements of section 203 of the UMRA.
G. Regulatory Flexibility Act (RFA), as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601, et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedures Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For the purposes of assessing the impacts of today's proposed
standards on small entities, small entity is defined as: (1) A small
business ranging from 100-1,000 employees or less than $5 million in
annual sales (see Table 2); (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.
Table 2.--Small Business Administration (SBA) Small Business Size Standards for Companies Owning Facilities in
the Metal Furniture Source Category by NAICS Codes \a, b\
----------------------------------------------------------------------------------------------------------------
1997 NAICS code Product description SBA size standard (employees)
----------------------------------------------------------------------------------------------------------------
421610............................ Electrical Apparatus and Equipment, 100
Wiring Supplies, and Construction
Material Wholesalers.
337124............................ Metal Household Furniture 500
Manufacturing.
337214............................ Nonwood Office Furniture 500
Manufacturing.
336360............................ Motor Vehicle Fabric Accessories and 500
Seat Manufacturing.
337127............................ Institutional Furniture 500
Manufacturing.
337215............................ Showcase, Partition, Shelving, and 500
Locker Manufacturing.
332951............................ Hardware Manufacturing.............. 500
332116............................ Metal Stamping...................... 500
332612............................ Wire Spring Manufacturing........... 500
337215............................ Showcase, Partition, Shelving, and 500
Locker Manufacturing.
335121............................ Residential Electric Lighting 500
Fixture Manufacturing.
335122............................ Commercial, Industrial, and 500
Institutional Electric Lighting
Fixture Manufacturing.
339111............................ Laboratory Apparatus and Furniture 500
Manufacturing.
339114............................ Dental Equipment and Supplies 500
Manufacturing.
337211............................ Wood Office Furniture Manufacturing. 500
337212............................ Custom Architectural Woodwork and 500
Millwork Manufacturing.
332312............................ Fabricated Structural Metal 500
Manufacturing (pt).
[[Page 20221]]
336391............................ Motor Vehicle Air-Conditioning 750
Manufacturing.
811420............................ Reupholstery and Furniture Repair... $5 million (sales)
----------------------------------------------------------------------------------------------------------------
\a\ The Agency assumed a small business size definition of 1,000 employees for those companies included in the
SBREFA analysis without available information on SIC or NAICS code.
\b\ Code of Federal Regulations (CFR). Small Business Size Standards-Part 121. 13-CFR-121. January 2001. As
obtained from http://www.sba.gov/regulations/part121.pdf>. 
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities.
In accordance with the RFA and SBREFA, the EPA conducted an
assessment of the proposed standards on small businesses within the
metal furniture 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
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 proposed 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 this proposed rule will not have a significant economic
impact on a substantial number of small entities, EPA has nonetheless
worked aggressively to minimize the impact of this proposed rule on
small entities, consistent with our obligations under the CAA. We
solicited input from small entities during the data-gathering phase of
the proposed rulemaking.
We are proposing compliance options which give small entities
flexibility in choosing the most cost effective and least burdensome
alternative for their operation. For example, a facility could purchase
and use low-HAP coatings (i.e., pollution prevention) that meet the
proposed 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.
We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.
H. Paperwork Reduction Act
The information collection requirements in the proposed standards
have been submitted for approval to the 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. 1952.01) and a
copy may be obtained from Sandy Farmer by mail at the Collection
Strategies Division (2822), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW, Washington, DC 20460, by email at
farmer.sandy@epa.gov, or by calling (202) 260-2740. A copy may also be
downloaded off the internet at http://www.epa.gov/icr. The information
requirements are not effective until OMB approves them.
The 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
owners and 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
the EPA pursuant to the recordkeeping and reporting requirements for
which a claim of confidentiality is made is safeguarded according to
Agency policies set forth in 40 CFR part 2, subpart B.
The proposed standards would require maintaining records of all
coatings, thinners, and cleaning materials data and calculations used
to determine compliance. This information includes the volume used
during each 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, 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 fifth
year after the effective date of the promulgated rule is estimated to
be approximately 165,000 labor hours at a cost of approximately $11
million for new and existing sources.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
Under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq., the EPA
must consider the paperwork burden imposed by any information
collection request in a proposed or final rule.
[[Page 20222]]
Comments are requested on the Agency's need for this information,
the accuracy of the provided burden estimates, and any suggested
methods for minimizing respondent burden, including through the use of
automated collection techniques. By U.S. Postal Service, send comments
on the ICR to the Director, Collection Strategies Division; U.S.
Environmental Protection Agency (2822); 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; or by courier, send comments on the ICR to the
Director, Collection Strategies Division; U.S. Environmental Protection
Agency (2822); 401 M Street, SW., Room 925H, West Tower; Washington,
DC; and to the Office of Information and Regulatory Affairs, Office of
Management and Budget, 725 17th Street, NW., Washington, DC 20503,
marked ``Attention: Desk Officer for EPA.'' Include the ICR number in
any correspondence. Since OMB is required to make a decision concerning
the ICR between 30 and 60 days after April 24, 2002, a comment to OMB
is best assured of having its full effect if OMB receives it by May 24,
2002. The final rule will respond to any OMB or public comments on the
information collection requirements contained in this proposal.
I. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs all Federal agencies to use voluntary consensus
standards (VCS) in their regulatory and procurement activities unless
to do so would be inconsistent with applicable law or otherwise
impractical. The VCS are technical standards (e.g., material
specifications, test methods, sampling procedures, business practices,
etc.) that are developed or adopted by one or more VCS bodies. The
NTTAA directs EPA to provide Congress, through annual reports to OMB,
with explanations when EPA does not use available and applicable VCS.
Consistent with the NTTAA, EPA conducted searches to identify VCS
for use in emissions monitoring. The search for emissions monitoring
procedures identified 20 VCS that appeared to have possible use in lieu
of EPA standard reference methods. However, after reviewing the
available standards, EPA determined that ten of the candidate consensus
standards (ASTM D3154-00, ASTM D3271-87, ASTM D3464-96, ASTM D3796-90,
ASTM D3960-98, ASTM D6053-96, ASTM E337-84, ISO 9096: 1992, PTC 19-10-
1981, and EN 1093-4:1996) identified for measuring emissions of the HAP
or surrogates subject to the proposed emission standards would not be
practical due to lack of equivalency, documentation, and validation
data (Docket A-97-47). Seven of the remaining candidate consensus
standards (BSR/ASME MFC 13m, ASTM Z6871Z, ISO/DIS 14164, ISO PWI 17895,
ISO/DIS 11890-1, ISO/DIS 11890-2, and PREN 12619) are under
development. The EPA plans to follow, review, and consider adopting
these standards after their development is completed.
The ASTM 2369-98 is practical for EPA use as an acceptable
alternative in measuring the volatile matter content of surface
coatings. This VCS uses the same techniques, equipment, and procedures
as Method 24. The EPA will incorporate by reference ASTM D2369-98 into
40 CFR 63.14 in the near future.
The ASTM D2697-86 (1998) and ASTM D6093-97 are acceptable
procedures for use in determining the volume fraction of solids for a
variety of coatings. The EPA will incorporate by reference ASTM D2697-
86 (1998) and ASTM D6093-97 into 40 CFR 63.14 in the near future.
Six consensus standards: ASTM D1475-98, ASTM D2369-98, ASTM D3792-
99, ASTM D4017-96a, ASTM D4457-85(Reapproved 91), and ASTM D5403-93 are
already incorporated by reference in EPA Method 24; and five consensus
standards: ASTM D1979-97, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93,
and ASTM PS 9-94 are incorporated by reference in EPA Method 311.
The EPA takes comment on proposed compliance demonstration
requirements in the proposed standards and specifically invites the
public to identify potentially-applicable VCS. Commentors should also
explain why the proposed standards should adopt these VCS in lieu of
EPA's methods. Emission test methods and performance specifications
submitted for evaluation should be accompanied with a basis for the
recommendation, including method validation data and the procedure used
to validate the candidate method (if method other than Method 301, 40
CFR part 63, appendix A, was used).
Sections 63.4964 through 63.4966 of the proposed standards list EPA
testing methods and performance standards included. Most of the
standards have been used by States and industry for more than 10 years.
Nevertheless, any State or source may apply to EPA for permission to
use alternative methods in place of any of the EPA testing methods or
performance standards listed.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 19, 2002.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Part 63 is amended by adding subpart 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 meeting 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?
[[Page 20223]]
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 determine the organic HAP emission rate for a
controlled coating operation not using a liquid-liquid material
balance if I operate it under different sets of representative
operating conditions?
63.4963 How do I demonstrate continuous compliance with the
emission limitations?
63.4964 What are the general requirements for performance tests?
63.4965 How do I determine the emission capture system efficiency?
63.4966 How do I determine the add-on control device emission
destruction or removal efficiency?
63.4967 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
63.4968 What are the requirements for continuous parameter
monitoring system (CPMS) 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
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 (5) of this section.
(1) Surface coating conducted at a 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 a metal furniture
source.
(5) Surface coating of metal furniture conducted for the purpose of
repairing or maintaining metal furniture used by a facility and not for
commerce is not subject to this subpart, unless organic HAP emissions
from the surface coating itself are as high as the rates specified in
paragraph (b) of this section.
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 used for
conveying coatings, thinners, and cleaning materials; and
(4) All storage containers and all manual and automated equipment
and containers used for conveying waste materials generated by a
coating operation.
(c) An affected source is a new affected source if you commenced
its construction after 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
Secs. 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 [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], the compliance date is [DATE OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER].
(2) If the initial startup of your new or reconstructed affected
source occurs after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER], the compliance date is the date of initial startup of your
affected source.
[[Page 20224]]
(b) For an existing affected source, the compliance date is the
date 3 years after [DATE OF PUBLICATION OF FINAL RULE IN THE FEDERAL
REGISTER].
(c) For an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP emissions,
the compliance date is specified in paragraphs (c)(1) and (2) of this
section.
(1) For any portion of the source that becomes a new or
reconstructed affected source subject to this subpart, the compliance
date is the date of initial startup or [DATE OF PUBLICATION OF FINAL
RULE IN THE FEDERAL REGISTER], whichever is later.
(2) For any portion of the source that becomes an existing affected
source subject to this subpart, the compliance date is the date 1 year
after the area source becomes a major source or 3 years after [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later.
(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 limit
organic HAP emissions to the atmosphere to no more than 0.094 kilogram
(kg) organic HAP per liter (0.78 pound per gallon (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.
(b) For an existing affected source, you must limit organic HAP
emissions to the atmosphere to no more than 0.12 kg organic HAP per
liter (1.0 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 meeting the emission limits?
You must include all coatings, thinners, and cleaning materials
used in the affected source when determining whether the organic HAP
emission rate is equal to or less than the applicable emission limit in
Sec. 63.4890. 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
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(s) is less than
or equal to the applicable emission 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 Secs. 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(s), the organic HAP emission rate for the coating
operation(s) is less than or equal to the applicable emission limit in
Sec. 63.4890, calculated as a monthly emission rate. You must meet all
the requirements of Secs. 63.4950, 63.4951, and 63.4952 to demonstrate
compliance with the emission limit using this option.
(c) Emission rate with add-on controls option. Demonstrate that,
based on the coatings, thinners, and cleaning materials used in the
coating operation(s), and the emission capture and add-on control
efficiencies achieved, the organic HAP emission rate for the coating
operation(s) is less than or equal to the applicable emission 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(s) 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
Secs. 63.4960 through 63.4968 to demonstrate compliance with the
emission limits, operating limits, and work practice standards using
this option.
Sec. 63.4892 What operating limits must I meet?
(a) For any coating operation(s) on which you use the compliant
material option or the emission rate without add-on controls option,
you are not required to meet any operating limits.
(b) For any controlled coating operation(s) on which you use the
emission rate with add-on controls option, except those for which you
use a solvent recovery system and conduct a liquid-liquid material
balance according to Sec. 63.4961(j), you must meet the operating
limits specified in Table 1 of this subpart. These operating limits
apply to the emission capture and control systems on the coating
operation(s) for which you use this option, and you must establish the
operating limits during the performance test according to the
procedures in Sec. 63.4967. 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 of 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(s) on which you use the compliant
material option or the emission rate without add-on controls option,
you are not required to meet any work practice standards.
(b) If you use the emission rate with add-on controls option, you
must develop and implement a work practice plan to minimize organic HAP
emissions from the storage, mixing, and conveying of coatings,
thinners, and cleaning materials used in, and waste materials generated
by, the controlled coating operation(s) for which you use this option;
or you must meet an alternative standard as provided in paragraph (c)
of this section. The plan must specify practices and procedures to
ensure that, at a minimum, the elements specified in paragraphs (b)(1)
through (5) of this section are implemented.
(1) All organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be stored in closed containers.
(2) Spills of organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be minimized.
(3) Organic-HAP-containing coatings, thinners, cleaning materials,
and waste materials must be conveyed from one location to another in
closed containers or pipes.
[[Page 20225]]
(4) Mixing vessels which contain organic-HAP-containing coatings
and other materials must be closed except when adding to, removing, or
mixing the contents.
(5) Emissions of organic HAP must be minimized during cleaning of
storage, mixing, and conveying equipment.
(c) As provided in Sec. 63.6(g), we, the U.S. Environmental
Protection Agency (EPA), may choose to grant you permission to use an
alternative to the work practice standards in this section.
General Compliance Requirements
Sec. 63.4900 What are my general requirements for complying with this
subpart?
(a) You must be in compliance with the emission limitations in this
subpart as specified in paragraphs (a)(1) and (2) of this section.
(1) Any coating operation(s) for which you use the compliant
material option or the emission rate without add-on controls option, as
specified in Sec. 63.4891(a) and (b), must be in compliance with the
applicable emission limit in Sec. 63.4890 at all times.
(2) Any coating operation(s) for which you use the emission rate
with add-on controls option, as specified in Sec. 63.4891(c), must be
in compliance with the applicable emission limit in Sec. 63.4890 at all
times except during periods of startup, shutdown, and malfunction. Each
controlled coating operation must be in compliance with the operating
limits for emission capture systems and add-on control devices required
by Sec. 63.4892 at all times, except during periods of startup,
shutdown, and malfunction, and except for solvent recovery systems for
which you conduct liquid-liquid material balances according to
Sec. 63.4961(j). Each controlled coating operation must be in
compliance with the work practice standards in Sec. 63.4893 at all
times.
(b) You must always operate and maintain your affected source,
including all air pollution control and monitoring equipment you use
for purposes of complying with this subpart, according to the
provisions in Sec. 63.6(e)(1)(i).
(c) If your affected source uses an emission capture system and
add-on control device, you must maintain a log detailing the operation
and maintenance of the emission capture system, add-on control device,
and continuous parameter monitors during the period between the
compliance date specified for your affected source in Sec. 63.4883 and
the date when the initial emission capture system and add-on control
device performance tests have been completed, as specified in
Sec. 63.4960. This requirement does not apply to a solvent recovery
system for which you conduct a liquid-liquid material balance according
to Sec. 63.4961(j).
(d) If your affected source uses an emission capture system and
add-on control device, you must develop and implement a written
startup, shutdown, and malfunction plan according to the provisions in
Sec. 63.6(e)(3). The plan must address startup, shutdown, and
corrective actions in the event of a malfunction of the emission
capture system or the add-on control device. The plan must also address
any coating operation equipment that may cause increased emissions or
that would affect 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 of this subpart shows which parts of the General Provisions
in Secs. 63.1 through 63.15 apply to you.
Notifications, Reports, and Records
Sec. 63.4910 What notifications must I submit?
(a) General. You must submit the notifications in Secs. 63.7(b) and
(c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by
the dates specified in those sections, except as provided in paragraphs
(b) and (c) of this section.
(b) Initial Notification. You must submit the Initial Notification
required by Sec. 63.9(b) for a new or reconstructed affected source no
later than 120 days after initial startup or 120 days after [DATE OF
PUBLICATION OF FINAL RULE IN THE FEDERAL REGISTER], whichever is later.
For an existing affected source, you must submit the Initial
Notification no later than 1 year after [DATE OF PUBLICATION OF FINAL
RULE IN THE FEDERAL REGISTER].
(c) Notification of Compliance Status. You must submit the
Notification of Compliance Status required by Sec. 63.9(h) no later
than 30 calendar days following the end of the initial compliance
period described in Secs. 63.4940, 63.4950, or 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 in Sec. 63.9(h).
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of the report and beginning and ending dates of the
reporting period. The reporting period is the initial compliance period
described in Secs. 63.4940, 63.4950, or 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.
(5) Statement of whether or not the affected source achieved the
emission limitations for the initial compliance period.
(6) If you had a deviation, include the information in paragraphs
(c)(6)(i) and (ii) of this section.
(i) A description of and statement of the cause of the deviation.
(ii) If you failed to meet the applicable emission limit in
Sec. 63.4890, include all the calculations you used to determine the kg
organic HAP emitted per liter of coating solids used. You do not need
to submit information provided by the materials suppliers or
manufacturers or test reports.
(7) For each of the data items listed in paragraphs (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 claiming an
allowance in Equation 1 of Sec. 63.4951.
(8) The calculation of kg organic HAP emitted per liter coating
solids used for the compliance option(s) you used, as specified in
paragraphs (c)(8)(i) through (iii) of this section.
(i) For the compliant material option, provide an example
calculation of the organic HAP content (Hc) for one coating,
using Equation 1 of Sec. 63.4941.
(ii) For the emission rate without add-on controls option, provide
the calculation of the total mass of organic HAP emissions during the
initial
[[Page 20226]]
compliance period (He); the calculation of the total volume
of coating solids used during the initial compliance period
(Vst); and the calculation of the organic HAP emission rate
for the initial compliance period (Havg), using Equations 1,
2, and 3, respectively, of Sec. 63.4951.
(iii) For the emission rate with add-on controls option, provide
the calculation of the total mass of organic HAP emissions for the
coatings, thinners, and cleaning materials used during the initial
compliance period (He), using Equations 1 and 1A through 1C
of Sec. 63.4951; the calculation of the total volume of coating solids
used during the initial compliance period (Vst), using
Equation 2 of Sec. 63.4951; 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 Equations 1 and 1A
through 1D of Sec. 63.4961 for HC, and Equations 2 and 3 of
Sec. 63.4961 for HCSR, as applicable; and the calculation of
the organic HAP emission rate (HHAP) for the initial
compliance period, using either Equation 4 of Sec. 63.4961 or Equation
1 of Sec. 63.4962, as applicable.
(9) For the emission rate with add-on controls option, you must
include the information specified in paragraphs (c)(9)(i) through (iv)
of this section. 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.
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), as
specified in paragraph (a)(2) of this section.
(1) Dates. Unless the Administrator has approved a different
schedule for submission of reports under Sec. 63.10(a), you must
prepare and submit each semiannual compliance report according to the
dates specified in paragraphs (a)(1)(i) through (iv) of this section.
(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 Secs. 63.4940, 63.4950, or
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 71, and if the permitting
authority has established dates for submitting semiannual reports
pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you
may submit the first and subsequent compliance reports according to the
dates the permitting authority has established instead of according to
the date specified in paragraph (a)(1)(iii) of this section.
(2) Inclusion with Title V report. Each affected source that has
obtained a title V operating permit pursuant to 40 CFR part 70 or 71
must report all deviations as defined in this subpart in the semiannual
monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A). If an affected source submits a semiannual
compliance report pursuant to this section along with, or as part of,
the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A)
or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual compliance report
includes all required information concerning deviations from any
emission limitation in this subpart, its submission shall be deemed to
satisfy any obligation to report the same deviations in the semiannual
monitoring report. However, submission of a semiannual compliance
report shall not otherwise affect any obligation the affected source
may have to report deviations from permit requirements to the
permitting authority.
(3) General requirements. The semiannual compliance report must
contain the information specified in paragraphs (a)(3)(i) through (v)
of this section, and the information specified in paragraphs (a)(4)
through (7) and (c)(1) of this section that is applicable to your
affected source.
(i) Company name and address.
(ii) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(iii) Date of report and beginning and ending dates of the
reporting period. The reporting period is the 6-month period ending on
June 30 or December 31.
(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 monthly organic HAP emission
rate during the 6-month reporting period.
(4) No deviations. If there were no deviations from the emission
limitations in Secs. 63.4890, 63.4892, and 63.4893 that apply to you,
the semiannual compliance report must include a statement that there
were no deviations from the emission limitations during the reporting
period. If you used the emission rate with add-on controls option and
there were no periods during which the continuous parameter monitoring
systems (CPMS) were out-of-control as specified in Sec. 63.8(c)(7), the
semiannual compliance report must include a statement that there were
no periods during which the CPMS were out-of-control during the
reporting period.
(5) Deviations: compliant material option. If you used the
compliant material option, and there was a
[[Page 20227]]
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 (HC,
using Equation 1 of Sec. 63.4941) for each coating identified in
paragraph (a)(5)(i) of this section. You do not need to submit
background data supporting this calculation, for example, information
provided by coating suppliers or manufacturers, or test reports.
(iii) The determination of mass fraction of organic HAP for each
coating, thinner, and cleaning material identified in paragraph
(a)(5)(i) of this section. You do not need to submit background data
supporting this calculation, for example, information provided by
material suppliers or manufacturers, or test reports.
(iv) A statement of the cause of each deviation.
(6) Deviations: emission rate without add-on controls option. If
you used the emission rate without add-on controls option, and there
was a deviation from the applicable emission limit in Sec. 63.4890, the
semiannual compliance report must contain the information in paragraphs
(a)(6)(i) through (iii) of this section.
(i) The beginning and ending dates of each compliance period during
which the organic HAP emission rate exceeded the applicable emission
limit in Sec. 63.4890.
(ii) The calculations used to determine the organic HAP emission
rate for the compliance period in which the deviation occurred. You
must submit the calculations for Equations 1, 1A through 1C, 2, and 3
in Sec. 63.4951; and if applicable, the calculation used to determine
Rw according to Sec. 63.4951(e)(4). You do not need to
submit background data supporting these calculations, for example,
information provided by materials suppliers or manufacturers, or test
reports.
(iii) A statement of the cause of each deviation.
(7) Deviations: emission rate with add-on controls option. If you
used the emission rate with add-on controls option, and there was a
deviation from an emission limitation (including any periods when
emissions bypassed the add-on control device and were diverted to the
atmosphere), the semiannual compliance report must contain the
information in paragraphs (a)(7)(i) through (xiv) of this section. This
includes periods of startup, shutdown, and malfunction during which
deviations occurred.
(i) The beginning and ending dates of each compliance period during
which the organic HAP emission rate exceeded the applicable emission
limit in Sec. 63.4890.
(ii) The calculations used to determine the organic HAP emission
rate for each compliance period in which a deviation occurred. You must
provide the calculation of the total mass of organic HAP emissions for
the coatings, thinners, and cleaning materials used during the
compliance period (He), using Equations 1 and 1A through 1C
of Sec. 63.4951 and, if applicable, the calculation used to determine
Rw according to Sec. 63.4951(e)(4); the calculation of the
total volume of coating solids used during the compliance period
(Vst), using Equation 2 of Sec. 63.4951; the calculation of
the mass of organic HAP emission reduction during the compliance period
by emission capture systems and add-on control devices, using Equations
1 and 1A through 1D of Sec. 63.4961 for HC, and Equations 2
and 3 of Sec. 63.4961 for HCSR, as applicable; and the
calculation of the organic HAP emission rate for the compliance period
(HHAP), using either Equation 4 of Sec. 63.4961 or Equation
1 of Sec. 63.4962, as applicable. You do not need to submit the
background data supporting these calculations, for example information
provided by materials suppliers or manufacturers, or test reports.
(iii) The date and time that each malfunction started and stopped.
(iv) A brief description of the CPMS.
(v) The date of the latest CPMS certification or audit.
(vi) The date and time that each CPMS was inoperative, except for
zero (low-level) and high-level checks.
(vii) The date, time, and duration that each CPMS was out-of-
control, including the information in Sec. 63.8(c)(8).
(viii) The date and time period of each deviation from an operating
limit in Table 1 of this subpart; date and time period of any bypass of
the add-on control device; and whether each deviation occurred during a
period of startup, shutdown, or malfunction or during another period.
(ix) A summary of the total duration of each deviation from an
operating limit in Table 1 of this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total
duration as a percent of the total source operating time during that
semiannual reporting period.
(x) A breakdown of the total duration of the deviations from the
operating limits in Table 1 of this subpart and bypasses of the add-on
control device during the semiannual reporting period into those that
were due to startup, shutdown, control equipment problems, process
problems, other known causes, and other unknown causes.
(xi) A summary of the total duration of CPMS downtime during the
semiannual reporting period and the total duration of CPMS downtime as
a percent of the total source operating time during that semiannual
reporting period.
(xii) A description of any changes in the CPMS, coating operation,
emission capture system, or add-on control device since the last
semiannual reporting period.
(xiii) For each deviation from the work practice standards, a
description of the deviation; the date and time period of the
deviation; and the actions you took to correct the deviation.
(xiv) A statement of the cause of each deviation.
(b) Performance test reports. If you use the emission rate with
add-on controls option, you must submit reports of performance test
results for emission capture systems and add-on control devices no
later than 60 days after completing the tests as specified in
Sec. 63.10(d)(2).
(c) Startup, shutdown, malfunction reports. If you used the
emission rate with add-on controls option and you had a startup,
shutdown, or malfunction during the semiannual reporting period, you
must submit the reports specified in paragraphs (c)(1) and (2) of this
section.
(1) If your actions were consistent with your startup, shutdown,
and malfunction plan, you must include the information specified in
Sec. 63.10(d) in the semiannual compliance report required by paragraph
(a) of this section.
(2) If your actions were not consistent with your startup,
shutdown, and malfunction plan, you must submit an immediate startup,
shutdown, and malfunction report as described in paragraph (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
[[Page 20228]]
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, such as manufacturer's formulation data, or test data
used to determine the mass fraction of organic HAP and density for each
coating, thinner, and cleaning material and the volume fraction of
coating solids for each coating. If you conducted testing to determine
mass fraction of organic HAP, density, or volume fraction of coating
solids, you must keep a copy of the complete test report. If you use
information provided to you by the manufacturer or supplier of the
material that was based on testing, you must keep the summary sheet of
results provided to you by the manufacturer or supplier. You are not
required to obtain the test report or other supporting documentation
from the manufacturer or supplier.
(c) For each compliance period, the records specified in paragraphs
(c)(1) through (4) of this section.
(1) A record of the coating operations at which you used each
compliance option and the time periods (beginning and ending dates and
times) you used each option.
(2) For the compliant material option, a record of the calculation
of the organic HAP content for each coating (Hc), using
Equation 1 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 (He), using Equations 1, 1A through 1C, and 2 of
Sec. 63.4951 and, if applicable, the calculation used to determine
Rw according to Sec. 63.4951(e)(4); the calculation of the
total volume of coating solids used during each compliance period
(Vst), using Equation 2 of Sec. 63.4951; and the calculation
of the organic HAP emission rate for each compliance period
(Havg), 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 (v) 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 (He), using Equations 1 and 1A through 1C
of Sec. 63.4951 and, if applicable, the calculation used to determine
Rw according to Sec. 63.4951(e)(4);
(ii) The calculation of the total volume of coating solids used
during each compliance period (Vst), 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 Equations
1 and 1A through 1D of Sec. 63.4961 for HC, and Equations 2
and 3 of Sec. 63.4961 for HCSR, as applicable;
(iv) The calculation of the organic HAP emission rate for each
compliance period (HHAP), using either Equation 4 of
Sec. 63.4961 or Equation 1 of Sec. 63.4962, as applicable.
(d) A record of the name and volume of each coating, thinner, and
cleaning material used during each compliance period.
(e) A record of the mass fraction of organic HAP for each coating,
thinner, and cleaning material used during each compliance period.
(f) A record of the volume fraction of coating solids for each
coating used during each compliance period.
(g) A record of the density for each coating used during each
compliance period; and, if you use either the emission rate without
add-on controls or the emission rate with add-on controls compliance
option, the density for each thinner and cleaning material used during
each compliance period.
(h) If you use an allowance in Equation 1 of Sec. 63.4951 for
organic HAP contained in waste materials sent to or designated for
shipment to a treatment, storage, and disposal facility (TSDF)
according to Sec. 63.4951(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 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 (9) 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 of this subpart that applies to
you.
(4) If you operate under multiple operating conditions that affect
emission capture system efficiency or add-on control device organic HAP
destruction or removal efficiency, and you are using different emission
capture system efficiency or add-on control device organic HAP
destruction or removal efficiency factors for each condition, then you
must keep records of the data you used to calculate the organic HAP
emission rate for each compliance period, as described by Equation 1 in
Sec. 63.4962.
(5) 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. 63.4965(a).
(6) For each capture system that is not a PTE, the data and
documentation you used to determine capture efficiency according to the
requirements specified in Secs. 63.4964 and 63.4965(b) through (e),
including the records specified in paragraphs (k)(6)(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
[[Page 20229]]
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. 63.4965(e), if applicable.
(7) The records specified in paragraphs (k)(7)(i) and (ii) of this
section for each add-on control device organic HAP destruction or
removal efficiency determination as specified in Sec. 63.4966.
(i) Records of each add-on control device performance test
conducted according to Secs. 63.4964 and 63.4966.
(ii) Records of the coating operation conditions during the add-on
control device performance test showing that the performance test was
conducted under representative operating conditions.
(8) Records of the data and calculations you used to establish the
emission capture and add-on control device operating limits as
specified in Sec. 63.4967 and to document compliance with the operating
limits as specified in Table 1 of this subpart.
(9) A record of the work practice plan required by Sec. 63.4893 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
the records off site for the remaining 3 years.
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. You
must use either the emission rate without add-on controls option or the
emission rate with add-on controls option for any coating operation in
the affected source for which you do not use this option. To
demonstrate initial compliance using the compliant material option, the
coating operation or group of coating operations must use no coating
with an organic HAP content that exceeds the applicable emission limit
in 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 meet the operating limits or work practice standards
required in Secs. 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 on each coating, thinner, and
cleaning material in the condition it is in when it is received from
its manufacturer or supplier and prior to any alteration. You do not
need to redetermine the HAP content of cleaning materials that 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 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 non-aqueous 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
[[Page 20230]]
procedure in Sec. 63.7(f) to submit an alternative test method for
approval.
(4) Information from the supplier or manufacturer of the material.
You may rely on information other than that generated by the test
methods specified in paragraphs (a)(1) through (3) of this section,
such as manufacturer's formulation data, if it represents each organic
HAP that is present at 0.1 percent by mass or more for OSHA-defined
carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent
by mass or more for other compounds. For example, if toluene (not an
OSHA carcinogen) is 0.5 percent of the material by mass, you do not
have to count it. If there is a disagreement between such information
and results of a test conducted according to paragraphs (a)(1) through
(3) of this section, then the test method results will take precedence.
(5) Solvent blends. Solvent blends may be listed as single
components for some materials in data provided by manufacturers or
suppliers. Solvent blends may contain organic HAP which must be counted
toward the total organic HAP mass fraction of the materials. When test
data and manufacturer's data for solvent blends are not available, you
may use the default values for the mass fraction of organic HAP in
these solvent blends listed in Table 3 or 4 of this subpart. If you use
the tables, you must use the values in Table 3 for all solvent blends
that match Table 3 entries, and you may only use Table 4 if the solvent
blends in the materials you use do not match any of the solvent blends
in Table 3 and you only know whether the blend is aliphatic or
aromatic. However, if the results of a Method 311 test indicate higher
values than those listed on Table 3 or 4 of this subpart, the Method
311 results will take precedence.
(b) Determine the volume fraction of coating solids for each
coating. You must determine the volume fraction of coating solids
(liters of coating solids per liter of coating) for each coating used
during the compliance period by a test or by information provided by
the supplier or the manufacturer of the material, as specified in
paragraphs (b)(1) and (2) of this section. If test results obtained
according to paragraph (b)(1) of this section do not agree with the
information obtained under paragraph (b)(2) of this section, the test
results will take precedence.
(1) ASTM Method D2697-86(1998) or D6093-97. You may use ASTM Method
D2697-86(1998) or D6093-97 to determine the volume fraction of coating
solids for each coating. Divide the nonvolatile volume percent obtained
with the methods by 100 to calculate volume fraction of coating solids.
(2) Information from the supplier or manufacturer of the material.
You may obtain the volume fraction of coating solids for each coating
from the supplier or manufacturer.
(c) Determine the density of each coating. Determine the density of
each coating used during the compliance period from test results using
ASTM Method D1475-98 or information from the supplier or manufacturer
of the material. If there is disagreement between ASTM Method D1475-98
test results and the supplier's or manufacturer's information, the test
results will take precedence.
(d) Calculate the organic HAP content of each coating. Calculate
HC, the organic HAP content, kg organic HAP per liter
coating solids, of each coating used during the compliance period,
using Equation 1 of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.000
Where:
HC = organic HAP content of the coating, kg organic HAP
per liter coating solids.
DC = density of coating, kg coating per liter coating,
determined according to paragraph (c) of this section.
WC = mass fraction of organic HAP in the coating, kg
organic HAP per kg coating, determined according to paragraph (a) of
this section.
VS = volume fraction of coating solids, liter coating
solids per liter coating, determined according to paragraph (b) of
this section.
(e) Compliance demonstration. The calculated organic HAP content,
HC, 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 Secs. 63.4930 and 63.4931. As part of the Notification of
Compliance Status required in Sec. 63.4910, you must identify the
coating operation(s) for which you used the compliant material option
and submit a statement that the coating operation(s) was (were) in
compliance with the emission limitations during the initial compliance
period because you used no coatings for which the organic HAP content
exceeded the applicable emission limit in Sec. 63.4890, and you used no
thinners or cleaning materials that contained organic HAP.
Sec. 63.4942 How do I demonstrate continuous compliance with the
emission limitations?
(a) For each compliance period, to demonstrate continuous
compliance, you must use no coating for which the organic HAP content,
HC, determined using Equation 1 of Sec. 63.4941, exceeds the
applicable emission limit in Sec. 63.4890, and use no thinner or
cleaning material that contains organic HAP, determined according to
Sec. 63.4941(a). 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 Secs. 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(s) for which you
used the compliant material option. If there were no deviations from
the emission limitations in Sec. 63.4890, submit a statement that the
coating operation(s) was (were) in compliance with the emission
limitations during the reporting period because you used no coating for
which the organic HAP content exceeded the applicable emission limit in
Sec. 63.4890 and you used no thinner or cleaning material that
contained organic HAP.
(d) You must maintain records as specified in Secs. 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
[[Page 20231]]
group of coating operations in the affected source, or for all the
coating operations in the affected source. You must use either the
compliant material option or the emission rate with add-on controls
option for any coating operation in the affected source for which you
do not use this option. To demonstrate initial compliance using the
emission rate without add-on controls option, the coating operation or
group of coating operations must meet the applicable emission limit in
Sec. 63.4890, but is not required to meet the operating limits or work
practice standards in Secs. 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(s). When calculating the organic HAP emission rate
according to this section, do not include any coatings, thinners, or
cleaning materials used on coating operations for which you use the
compliant material option or the emission rate with add-on controls
option. You do not need to include organic HAP in coatings, thinners,
or cleaning materials that are reclaimed and reused in the coating
operation for which you use the emission rate without add-on controls
option.
(a) Determine the mass fraction of organic HAP for each material.
Determine the mass fraction of organic HAP for each coating, thinner,
and cleaning material used during the compliance period according to
the requirements in Sec. 63.4941(a).
(b) Determine the volume fraction of coating solids for each
coating. Determine the volume fraction of coating solids for each
coating used during the compliance period according to the requirements
in Sec. 63.4941(b).
(c) Determine the density of each material. Determine the density
of each coating, thinner, and cleaning material used during the
compliance period according to the requirements in Sec. 63.4941(c) from
test results using ASTM Method D1475-98, information from the supplier
or manufacturer of the material, or reference sources providing density
or specific gravity data for pure materials. If there is disagreement
between ASTM Method D1475-98 test results and such other information
sources, the test results will take precedence.
(d) Determine the volume of each material used. Determine the
volume (liters) of each coating, 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, He, is the combined mass of organic
HAP contained in all coatings, thinners, and cleaning materials used
during the compliance period minus the organic HAP in certain waste
materials. Calculate He using Equation 1 of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.001
Where:
He = 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.
Rw = total mass of organic HAP in waste materials sent or
designated for shipment to a hazardous waste TSDF for treatment or
disposal during the compliance period, kg, determined according to
paragraph (e)(4) of this section. (You may assign a value of zero to
Rw if you do not wish to use this allowance.)
(1) Calculate A, the kg organic HAP in the coatings used during the
compliance period using Equation 1A of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.002
Where:
A = total mass of organic HAP in the coatings used during the
compliance period, kg.
Volc,i = total volume of coating, i, used during the
compliance period, liters.
Dc,i = density of coating, i, kg coating per liter
coating.
Wc,i = mass fraction of organic HAP in coating, i, kg
organic HAP per kg coating.
m = number of different coatings used during the compliance period.
(2) Calculate B, the kg of organic HAP in the thinners used during
the compliance period using Equation 1B of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.003
Where:
B = total mass of organic HAP in the thinners used during the
compliance period, kg.
Volt,j = total volume of thinner, j, used during the
compliance period, liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg
organic HAP per kg thinner.
n = number of different thinners used during the compliance period.
(3) Calculate C, the kg organic HAP in the cleaning materials used
during the compliance period using Equation 1C of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.004
Where:
C = total mass of organic HAP in the cleaning materials used during
the compliance period, kg.
Vols,k = total volume of cleaning material, k, used
during the compliance period, liters.
Ds,k = density of cleaning material, k, kg per liter.
Ws,k = mass fraction of organic HAP in cleaning material,
k, kg organic HAP per kg material.
p = number of different cleaning materials used during the
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 (Rw) in the calculation of He (Equation 1 of
this section), then you must determine Rw according to
paragraphs (e)(4)(i) through (iv) of this section.
(i) You may include in the determination of Rw 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
Rw the organic HAP contained in wastewater.
(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 Rw any
waste materials sent to a TSDF during a compliance period if you have
already
[[Page 20232]]
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 may use any reasonable methodology to determine the amount
of waste materials and the total mass of organic HAP they contain, and
you must document your methodology 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. Determine
Vst, the total volume of coating solids used, liters, which
is the combined volume of coating solids for all the coatings used
during the compliance period, using Equation 2 of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.005
Where:
Vst = total volume of coating solids used during the
compliance period, liters.
Volc,i = total volume of coating, i, used during the
compliance period, liters.
Vs,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
Havg, the organic HAP emission rate for the compliance
period, kg organic HAP per liter coating solids used, using Equation 3
of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.006
Where:
Havg = organic HAP emission rate for the compliance
period, kg organic HAP per liter coating solids.
He = total mass of organic HAP emissions from all
materials used during the compliance period, kg, as calculated by
Equation 1 of this section.
Vst = total volume of coating solids used during the
compliance period, liters, as calculated by Equation 2 of this
section.
(h) Compliance demonstration. The organic HAP emission rate for the
initial compliance period, Havg, must be less than or equal
to the applicable emission limit in Sec. 63.4890. You must keep all
records as required by Secs. 63.4930 and 63.4931. As part of the
Notification of Compliance Status required by Sec. 63.4910, you must
identify the coating operation(s) for which you used the emission rate
without add-on controls option and submit a statement that the coating
operation(s) was (were) in compliance with the emission limitations
during the initial compliance period because the organic HAP emission
rate was less than or equal to the applicable emission limit in
Sec. 63.4890, determined according to this section.
Sec. 63.4952 How do I demonstrate continuous compliance with the
emission limitations?
(a) To demonstrate continuous compliance, the organic HAP emission
rate for each compliance period, determined according to
Sec. 63.4951(a) through (g), must be less than or equal to the
applicable emission limit in Sec. 63.4890. 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 Secs. 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(s) for which you
used the emission rate without add-on controls option. If there were no
deviations from the emission limitations, you must submit a statement
that the coating operation(s) was (were) in compliance with the
emission limitations during the reporting period because the organic
HAP emission rate for each compliance period was less than or equal to
the applicable emission limit in Sec. 63.4890.
(d) You must maintain records as specified in Secs. 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 Secs. 63.4964, 63.4965,
and 63.4966, 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 Secs. 63.4964, 63.4965, and 63.4966; 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(a); the operating limits established during the
performance tests and the results of the continuous parameter
monitoring required by Sec. 63.4968; 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 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
[[Page 20233]]
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 Secs. 63.4964, 63.4965, and
63.4966, 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 Secs. 63.4964, 63.4965, and 63.4966; 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(b); the operating limits established during the
performance tests and the results of the continuous parameter
monitoring required by Sec. 63.4968; 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(s) 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 Secs. 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
Secs. 63.4967 and 63.4968.
(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 (n) 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 the compliance period; and the volume
fraction of coating solids for each coating used during the 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,
He.
(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 the
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,
HC. 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
HC, using Equation 1 of this section. The calculation of
HC 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. 63.4963(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]
TP24AP02.007
[[Page 20234]]
Where:
HC = mass of organic HAP emission reduction for the
controlled coating operation during the compliance period, kg.
AI = 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.
BI = 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.
CI = 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.
CE = capture efficiency of the emission capture system vented to the
add-on control device, percent. Use the test methods and procedures
specified in Secs. 63.4964 and 63.4965 to measure and record capture
efficiency.
DRE = organic HAP destruction or removal efficiency of the add-on
control device, percent. Use the test methods and procedures in
Secs. 63.4964 and 63.4966 to measure and record the organic HAP
destruction or removal efficiency.
Hunc = total mass of organic HAP in the coatings,
thinners, and cleaning materials used during all deviations
specified in Sec. 63.4963(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 AI, the mass of organic HAP in the
coatings used in the controlled coating operation, kg, using Equation
1A of this section. Do not include in the calculation of AI
the coatings used during any deviation specified in Sec. 63.4963(c) or
(d) that occurred during the month. Include such coatings in the
calculation of Hunc in Equation 1D of this section.
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.008
Where:
AI = total mass of organic HAP in the coatings used in
the controlled coating operation during the compliance period,
excluding coatings used during deviations, kg.
Volc,i = total volume of coating, i, used during the
compliance period except during deviations, liters.
Dc,i = density of coating, i, kg per liter.
Wc,i = mass fraction of organic HAP in coating, i, kg per
kg.
m = number of different coatings used.
(2) Calculate BI, the mass of organic HAP in the
thinners used in the controlled coating operation, kg, using Equation
1B of this section. Do not include in the calculation of BI
the thinners used during any deviation specified in Sec. 63.4963(c) or
(d) that occurred during the month. Include such coatings in the
calculation of Hunc in Equation 1D of this section.
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.009
Where:
BI = total mass of organic HAP in the thinners used in
the controlled coating operation during the compliance period,
excluding thinners used during deviations, kg.
Volt,j = total volume of thinner, j, used during the
compliance period except during deviations, liters.
Dt,j = density of thinner, j, kg per liter.
Wt,j = mass fraction of organic HAP in thinner, j, kg per
kg.
n = number of different thinners used.
(3) Calculate CI, the mass of organic HAP in the
cleaning materials used in the controlled coating operation, kg, using
Equation 1C of this section. Do not include in the calculation of
CI the cleaning materials used during any deviation
specified in Sec. 63.4963(c) or (d) that occurred during the compliance
period. Include such cleaning materials in the calculation of
Hunc in Equation 1D of this section.
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.010
Where:
CI = 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.
Vols,k = total volume of cleaning material, k, used
during the compliance period except during deviations, liters.
Ds,k = density of cleaning material, k, kg per liter.
Ws,k = mass fraction of organic HAP in cleaning material,
k, kg per kg.
p = number of different cleaning materials used.
(4) Calculate Hunc, the mass of organic HAP in the
coatings, thinners, and cleaning materials used in the controlled
coating operation during deviations specified in Sec. 63.4963(c) and
(d), using Equation 1D of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.011
Where:
Hunc = total mass of organic HAP in the coatings,
thinners, and cleaning materials used during all deviations
specified in Sec. 63.4963(c) and (d) that occurred during the
compliance period in the controlled coating operation, kg.
Volh = total volume of coating, thinner, or cleaning
material, h, used in the controlled coating operation during
deviations, liters.
Dh = density of coating, thinner, or cleaning material,
h, kg per liter.
Wh = mass fraction of organic HAP in coating, thinner, or
cleaning material, h, kg organic HAP per kg coating.
q = number of different coatings, thinning solvents, or cleaning
materials.
(i) [Reserved]
(j) Calculate the organic HAP emission reduction for controlled
coating operations using liquid-liquid material balance, HCSR.
For each controlled coating operation using a solvent recovery system
for which you conduct liquid-liquid material balances,
[[Page 20235]]
calculate HCSR 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, 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,
MVR, of volatile organic matter recovered for the compliance
period, kg, based on measurement with the device required in paragraph
(j)(1) of this section.
(3) Determine the mass fraction, CV, 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, kg volatile organic matter per kg coating. You may
determine the volatile organic matter mass fraction using Method 24 of
40 CFR part 60, appendix A, or an EPA approved alternative method, or
you may use information provided by the manufacturer or supplier of the
coating. In the event of any inconsistency between information provided
by the manufacturer or supplier and the results of Method 24 of 40 CFR
part 60, appendix A, or an approved alternative method, the test method
results will govern.
(4) Determine the density of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the compliance period, kg per liter, according
to Sec. 63.4951(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, liters.
(6) Calculate the solvent recovery system's volatile organic matter
collection and recovery efficiency, RV, using Equation 2 of
this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.012
Where:
RV = volatile organic matter collection and recovery
efficiency of the solvent recovery system during the compliance
period, percent.
MVR = mass of volatile organic matter recovered by the
solvent recovery system during the compliance period, kg.
Voli = volume of coating, i, used in the coating
operation controlled by the solvent recovery system during the
compliance period, liters.
Di = density of coating, i, kg per liter.
WVc,i = mass fraction of volatile organic matter for
coating, i, kg volatile organic matter per kg coating.
Volj = volume of thinner, j, used in the coating
operation controlled by the solvent recovery system during the
compliance period, liters.
Dj = density of thinner, j, kg per liter.
WVt,j = mass fraction of volatile organic matter for
thinner, j, kg volatile organic matter per kg thinner.
Volk = volume of cleaning material, k, used in the
coating operation controlled by the solvent recovery system during
the compliance period, liters.
Dk = density of cleaning material, k, kg per liter.
WVs,k = mass fraction of volatile organic matter for
cleaning material, k, kg volatile organic matter per kg cleaning
material.
m = number of different coatings used in the coating operation
controlled by the solvent recovery system during the 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, HCSR, using Equation 3 of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.013
Where:
HCSR = mass of organic HAP emission reduction for the
coating operation controlled by the solvent recovery system during
the compliance period, kg.
AI = total mass of organic HAP in the coatings used in
the coating operation controlled by the solvent recovery system, kg,
calculated using Equation 1A of this section.
BI = total mass of organic HAP in the thinners used in
the coating operation controlled by the solvent recovery system, kg,
calculated using Equation 1B of this section.
CI = total mass of organic HAP in the cleaning materials
used in the coating operation controlled by the solvent recovery
system, kg, calculated using Equation 1C of this section.
RV = volatile organic matter collection and recovery
efficiency of the solvent recovery system, percent, from Equation 2
of this section.
(k) Calculate the total volume of coating solids used. Determine
Vst, the total volume of coating solids used, liters, which
is the combined volume of coating solids for all the coatings used
during the compliance period, using Equation 2 of Sec. 63.4951.
(l) Calculate the organic HAP emissions rate. Determine
HHAP, the organic HAP emission rate to the atmosphere, kg
organic HAP per liter coating solids used during the compliance period,
using either Equation 4 of this section or Equation 1 of Sec. 63.4962.
[[Page 20236]]
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.014
Where:
HHAP = organic HAP emission rate for the compliance
period, kg.
He = 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.
HC,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.
HCSR,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.
Vst = 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, HHAP, calculated using either
Equation 4 of this section or Equation 1 of Sec. 63.4962, must be less
than or equal to the applicable emission limit in Sec. 63.4890. You
must keep all records as required by Secs. 63.4930 and 63.4931. As part
of the Notification of Compliance Status required by Sec. 63.4910, you
must identify the coating operation(s) for which you used the emission
rate with add-on controls option and submit a statement that the
coating operation(s) was (were) in compliance with the emission
limitations during the initial compliance period because the organic
HAP emission rate was less than or equal to the applicable emission
limit in Sec. 63.4890, 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 determine the organic HAP emission rate for a
controlled coating operation not using a liquid-liquid material balance
if I operate it under different sets of representative operating
conditions?
(a) This section applies only to controlled coating operations for
which you do not conduct liquid-liquid material balances to demonstrate
compliance. If you operate such a controlled 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 determine the organic HAP emission rate according to
either paragraph (b) or (c) of this section. The cases described in
paragraphs (a)(1) and (2) of this section are examples of such
operating conditions.
(1) You use a single add-on control device to reduce emissions from
two or more coating operations and the number of coating operations
vented to the add-on control device is variable during the compliance
period. This case also includes situations where you have more than one
capture device on the same coating operation and the number of capture
devices vented to the add-on control device is changed during the
compliance period.
(2) The coatings or cleaning materials you apply or the products to
which you apply them differ during the compliance period, and the
differences in resulting emissions are such that the emission capture
efficiency or add-on control device efficiency changes. This case
includes a change in the shape or size of the product coated such that
there is a change in capture efficiency of the capture system. This
case also includes a change in the materials that results in an inlet
concentration to the add-on control device that is sufficiently lower
such that the percent reduction the add-on control device can achieve
changes, or a change in the volatility of the organic HAP in the
materials used such that a lower proportion of the HAP is captured by
the capture system and a higher amount is not captured by the capture
system.
(b) If you conduct performance tests under the representative
operating conditions that are expected to result in the lowest emission
capture system and add-on control device efficiencies, as allowed under
Sec. 63.4964(b)(2), then determine the organic HAP emission rate
according to the procedures and equations in Sec. 63.4961. You do not
need to follow paragraph (c) of this section.
(c) If you conduct performance tests under multiple sets of
representative operating conditions to establish different emission
capture system and add-on control device efficiencies for each set of
operating conditions, as allowed under Sec. 63.4964(b)(1), then
determine the organic HAP emission rate according to paragraphs (c)(1)
and (2) of this section.
(1) You must use Equation 1 of this section for determining HHAP,
the organic HAP emission rate, kg organic HAP emitted per liter coating
solids used:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.015
Where:
HHAP = organic HAP emission rate for the compliance
period, kg organic HAP per liter coating solids.
He = total mass of organic HAP emissions before add-on
controls from all coatings, thinners, and cleaning materials used
during the compliance period, kg, determined according to
Sec. 63.4961(f).
HC,i1,
HC,i2,HC,in = total mass
of organic HAP emission reduction, kg, for controlled coating
operation, i, while operating under each operating condition, n,
during the compliance period, from Equation 1 of Sec. 63.4961.
HCSR,j = total mass of organic HAP emission reduction,
kg, for controlled coating operation, j, using a liquid-liquid
material balance during the compliance period, from Equation 3 of
Sec. 63.4961.
Vst = total volume of coating solids used during the
compliance period, liters, from Equation 2 of Sec. 63.4951.
n = number of different operating conditions that affect emission
capture system efficiency or add-on control device organic HAP
destruction or removal efficiency under which the coating operation
operated during the compliance period.
[[Page 20237]]
q = number of controlled coating operations not controlled by a
solvent recovery system.
r = number of coating operations controlled by a solvent recovery
system.
(2) To determine the HC,in in Equation 1 of this
section, follow the steps in paragraphs (c)(2)(i) through (iii) of
this section.
(i) Use Equation 1 of Sec. 63.4961 to calculate the HC for each
operating condition, n, of each controlled coating operation, i.
(ii) For the factors AI, BI, and
CI in Equation 1 of Sec. 63.4961, use the mass of organic
HAP contained in the coatings, thinners, and cleaning materials used
in each controlled coating operation, i, while operating under each
operating condition, n.
(iii) In Equation 1 of Sec. 63.4961, use the emission capture
system efficiency and add-on control device organic HAP destruction
or removal efficiency that apply under each operating condition, n.
These efficiencies for each operating condition are determined from
the performance test required by Sec. 63.4960 and as specified in
Sec. 63.4964(b).
Sec. 63.4963 How do I demonstrate continuous compliance with the
emission limitations?
(a) To demonstrate continuous compliance with the applicable
emission limit in Sec. 63.4890, the organic HAP emission rate for each
compliance period, determined according to the procedures in
Sec. 63.4961 (and in Sec. 63.4962, if applicable), must be equal to or
less than the applicable emission limit in Sec. 63.4890. 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 Secs. 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 of this subpart.
(1) If an operating parameter is out of the allowed range specified
in Table 1 of this subpart, this is a deviation from the operating
limit that must be reported as specified in Secs. 63.4910(b)(6) and
63.4920(a)(7).
(2) If an operating parameter deviates from the operating limit
specified in Table 1 of 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 Secs. 63.4961 and
63.4962, 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. 63.4968(b) for controlled coating operations for which you do not
conduct liquid-liquid material balances. If any bypass line is opened
and emissions are diverted to the atmosphere when the coating operation
is running, this is a deviation that must be reported as specified in
Secs. 63.4910(c)(6) and 63.4920(a)(7). For the purposes of completing
the compliance calculations in Secs. 63.4961 and 63.4962, 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)(9), this is a deviation from
the work practice standards that must be reported as specified in
Secs. 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(s) for which you
used the emission rate with add-on controls option. If there were no
deviations from the emission limitations, submit a statement that you
were in compliance with the emission limitations during the reporting
period because the organic HAP emission rate for each compliance period
was less than or equal to the applicable emission limit in
Sec. 63.4890, 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 accordance with the startup, shutdown, and malfunction plan
required by Sec. 63.4900(d).
(h) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that
occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with the startup, shutdown, and
malfunction plan. The Administrator will determine whether deviations
that occur during a period you identify as a startup, shutdown, or
malfunction are violations, according to the provisions in
Sec. 63.6(e).
(i) [Reserved]
(j) You must maintain records as specified in Secs. 63.4930 and
63.4931.
Sec. 63.4964 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 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) If the coating operation, emission capture system, or add-on
control device will be operated at different sets of representative
operating conditions, you must conduct the performance test according
to either paragraph (b)(1) or (2) of this section:
(1) Test at each of the representative operating conditions and
establish emission capture system and add-on control device
efficiencies and operating limits for each operating condition. To
demonstrate continuous compliance following the performance test,
record the conditions under which the process, emission capture system,
and add-on control device are operating during each time period of
operation, and calculate the organic HAP emission rate as described in
Sec. 63.4962.
[[Page 20238]]
(2) Test at the representative operating conditions that are
expected to result in the lowest emission capture system and add-on
control device efficiencies and establish efficiencies and operating
limits based on this test. Use these efficiencies in the emission
calculations in Sec. 63.4961.
(c) You must conduct each performance test of an emission capture
system according to the requirements in Sec. 63.4965. You must conduct
each performance test of an add-on control device according to the
requirements in Sec. 63.4966.
(d) 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. 63.4965 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, referred to as TVHused, to the mass of TVH
emissions not captured by the emission capture system, referred to as
TVHuncaptured. 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 volatile
organic compounds (VOC) in the methods.
(3) Use Equation 1 of this section to calculate TVHused,
the total mass of TVH liquid input from all the coatings, thinners, and
cleaning materials used in the coating operation during each capture
efficiency test run:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.016
Where:
TVHi = mass fraction of TVH in coating, thinner, or
cleaning material, i, that is used in the coating operation during
the capture efficiency test run, kg TVH per kg material.
Voli = total volume of coating, thinner, or cleaning
material, i, used in the coating operation during the capture
efficiency test run, liters.
Di = density of coating, thinner, or cleaning material,
i, kg material per liter material.
n = number of different coatings, thinners, and cleaning materials
used in the coating operation during the capture efficiency test
run.
(4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure
TVHuncaptured, the total mass, kg, of TVH emissions that are
not captured by the emission capture system; they are measured as they
exit the temporary total enclosure or building enclosure during each
capture efficiency test run. To make the measurement, substitute TVH
for each occurrence of the term VOC in the methods.
(i) Use Method 204D if the enclosure is a temporary total
enclosure.
(ii) Use Method 204E if the enclosure is a building enclosure.
During the capture efficiency measurement, all organic compound
emitting operations inside the building enclosure, other than the
coating operation for which capture efficiency is being determined,
must be shut down, but all fans and blowers must be operating normally.
(5) For each capture efficiency test run, determine the percent
capture efficiency, CE, of the emission capture system using Equation 2
of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.017
[[Page 20239]]
Where:
CE = capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVHused = total mass of TVH liquid input used in the
coating operation during the capture efficiency test run, kg.
TVHuncaptured = total mass of TVH that is not captured by
the emission capture system and that exits from the temporary total
enclosure or building enclosure during the capture efficiency test
run, kg.
(6) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(d) Gas-to-gas protocol using a temporary total enclosure or a
building enclosure. The gas-to-gas protocol compares the mass of TVH
emissions captured by the emission capture system, referred to as
TVHcaptured, to the mass of TVH emissions not captured,
referred to as TVHuncaptured. 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 TVHcaptured, the total mass, kg, of TVH emissions
captured by the emission capture system during each capture efficiency
test run as measured at the inlet to the add-on control device. To make
the measurement, substitute TVH for each occurrence of the term VOC in
the methods.
(i) The sampling points for the Method 204B or 204C measurement
must be upstream from the add-on control device and must represent
total emissions routed from the capture system and entering the add-on
control device.
(ii) If multiple emission streams from the capture system enter the
add-on control device without a single common duct, then the emissions
entering the add-on control device must be simultaneously measured in
each duct and the total emissions entering the add-on control device
must be determined.
(3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to
measure TVHuncaptured, the total mass, kg, of TVH emissions
that are not captured by the emission capture system; they are measured
as they exit the temporary total enclosure or building enclosure during
each capture efficiency test run. To make the measurement, substitute
TVH for each occurrence of the term VOC in the methods.
(i) Use Method 204D if the enclosure is a temporary total
enclosure.
(ii) Use Method 204E if the enclosure is a building enclosure.
During the capture efficiency measurement, all organic compound
emitting operations inside the building enclosure, other than the
coating operation for which capture efficiency is being determined,
must be shut down, but all fans and blowers must be operating normally.
(4) For each capture efficiency test run, determine the percent
capture efficiency, CE, of the emission capture system using Equation 3
of this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.018
Where:
CE = capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVHcaptuted = total mass of TVH captured by the emission
capture system as measured at the inlet to the add-on control device
during the emission capture efficiency test run, kg.
TVHuncaptured = total mass of TVH that is not captured by
the emission capture system and that exits from the temporary total
enclosure or building enclosure during the capture efficiency test
run, kg.
(5) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(e) Alternative capture efficiency protocol. As an alternative to
the procedures specified in paragraphs (c) and (d) of this section, you
may determine capture efficiency using any other capture efficiency
protocol and test methods that satisfy the criteria of either the DQO
or LCL approach as described in appendix A to subpart KK of this part.
Sec. 63.4966 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
appropriate, for gas analysis to determine dry molecular weight.
(4) Use Method 4 of appendix A to 40 CFR part 60, to determine
stack gas moisture.
(5) Methods for determining gas volumetric flow rate, dry molecular
weight, and stack gas moisture must be performed, as applicable, during
each test run.
(b) Measure total gaseous organic mass emissions as carbon at the
inlet and outlet of the add-on control device simultaneously, using
either Method 25 or 25A of appendix A to 40 CFR part 60, as specified
in paragraphs (b)(1) through (3) of this section. You must use the same
method for both the inlet and outlet measurements.
(1) Use Method 25 if the add-on control device is an oxidizer and
you expect the total gaseous organic concentration as carbon to be more
than 50 parts per million (ppm) at the control device outlet.
(2) Use Method 25A if the add-on control device is an oxidizer and
you expect the total gaseous organic concentration as carbon to be 50
ppm or less at the control device outlet.
[[Page 20240]]
(3) Use Method 25A if the add-control device is not an oxidizer.
(c) If two or more add-on control devices are used for the same
emission stream, then you must measure emissions at the outlet of each
device. For example, if one add-on control device is a concentrator
with an outlet for the high-volume, dilute stream that has been treated
by the concentrator, and a second add-on control device is an oxidizer
with an outlet for the low-volume, concentrated stream that is treated
with the oxidizer, you must measure emissions at the outlet of the
oxidizer and the high volume dilute stream outlet of the concentrator.
(d) For each test run, determine the total gaseous organic
emissions mass flow rates for the inlet and the outlet of the add-on
control device, using Equation 1 of this section. If there is more than
one inlet or outlet to the add-on control device, you must calculate
the total gaseous organic mass flow rate using Equation 1 of this
section for each inlet and each outlet and then total all of the inlet
emissions and total all of the outlet emissions.
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.019
Where:
Mf = total gaseous organic emissions mass flow rate, kg/
per hour (h).
Cc = concentration of organic compounds as carbon in the
vent gas, as determined by Method 25 or Method 25A, parts per
million by volume (ppmv), dry basis.
Qsd = volumetric flow rate of gases entering or exiting
the add-on control device, as determined by Method 2, 2A, 2C, 2D,
2F, or 2G, dry standard cubic meters/hour (dscm/h).
0.0416 = conversion factor for molar volume, kg-moles per cubic
meter (mol/m3) (@ 293 Kelvin (K) and 760 millimeters of
mercury (mmHg)).
(e) For each test run, determine the add-on control device organic
emissions destruction or removal efficiency, DRE, using Equation 2 of
this section:
[GRAPHIC]
[TIFF OMITTED]
TP24AP02.020
Where:
DRE = organic emissions destruction or removal efficiency of the
add-on control device, percent.
Mfi = total gaseous organic emissions mass flow rate at
the inlet(s) to the add-on control device, using Equation 1 of this
section, kg/h.
Mfo = total gaseous organic emissions mass flow rate at
the outlet(s) of the add-on control device, using Equation 1 of this
section, kg/h.
(f) Determine the emission destruction or removal efficiency of the
add-on control device as the average of the efficiencies determined in
the three test runs and calculated in Equation 2 of this section.
Sec. 63.4967 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 Secs. 63.4964, 63.4965, and 63.4966, 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, unless you are determining
operating limits for multiple operating conditions as specified in
Sec. 63.4964(b)(1) and paragraph (f) of this section.
(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, unless you are determining operating limits
for multiple operating conditions as specified in Sec. 63.4964(b)(1)
and paragraph (f) of this section.
(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,
unless you are determining operating limits for multiple operating
conditions as specified in Sec. 63.4964(b)(1) and paragraph (f) of this
section.
(4) You must develop and implement an inspection and maintenance
plan for your catalytic oxidizer(s) for which you elect to monitor
according to paragraph (b)(3) of this section. The plan must address,
at a minimum, the elements specified in paragraphs (b)(4)(i) through
(iii) of this section.
(i) Annual sampling and analysis of the catalyst activity (i.e.,
conversion efficiency) following the manufacturer's or catalyst
supplier's recommended procedures.
(ii) Monthly inspection of the oxidizer system, including the
burner assembly and fuel supply lines for problems and, as necessary,
adjust the equipment to assure proper air-to-fuel mixtures.
(iii) Annual internal and monthly external visual inspection of the
catalyst bed to check for channeling, abrasion, and settling. If
problems are found, you must replace the catalyst bed and conduct a new
performance test to determine destruction efficiency according to
Sec. 63.4966.
(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.
[[Page 20241]]
(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, unless you are determining operating limits for multiple
operating conditions as specified in Sec. 63.4964(b)(1) and paragraph
(f) of this section.
(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,
unless you are determining operating limits for multiple operating
conditions as specified in Sec. 63.4964(b)(1) and paragraph (f) of this
section.
(e) Emission capture system. For each capture device that is not
part of a PTE that meets the criteria of Sec. 63.4965(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 of this subpart.
(1) During the capture efficiency determination required by
Sec. 63.4960 and described in Secs. 63.4964 and 63.4965, 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, unless you
are determining operating limits for multiple operating conditions as
specified in Sec. 63.4964(b)(1) and paragraph (f) of this section.
(f) Multiple operating conditions. If you are determining operating
limits for multiple operating conditions for the emission capture
system or add-on control device as specified in Sec. 63.4964(b)(1), you
must conduct a performance test under each operating condition and
establish the operating limits for the parameters under each operating
condition according to paragraphs (f)(1) and (2) of this section.
(1) You must monitor and record the value of the parameter that
corresponds to the applicable operating limit during the performance
test under each operating condition.
(2) The average parameter value recorded during the performance
test under each condition is the operating limit for that parameter
when the coating operation is operating under that condition.
(g) Concentrators. If your add-on control device includes a
concentrator, you must establish operating limits for the concentrator
according to paragraphs (g)(1) and (2) 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.
Sec. 63.4968 What are the requirements for continuous parameter
monitoring system (CPMS) 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 successive 3-hour period of the emission capture system and add-on
control device operation.
(3) You must record the results of each inspection, calibration,
and validation check of the CPMS.
(4) You must maintain the CPMS at all times and have available
necessary parts for routine repairs of the monitoring equipment.
(5) You must operate the CPMS and collect emission capture system
and add-on control device parameter data at all times that a controlled
coating operation is operating, except during monitoring malfunctions,
associated repairs, and required quality assurance or control
activities (including, if applicable, calibration checks and required
zero and span adjustments).
(6) You must not use emission capture system or add-on control
device parameter data recorded during monitoring malfunctions,
associated repairs, out-of-control periods, or required quality
assurance or control activities when calculating data averages. You
must use all the data collected during all other periods in calculating
the data averages for determining compliance with the emission capture
system and add-on control device operating limits.
(7) A monitoring malfunction is any sudden, infrequent, not
reasonably preventable failure of the CPMS to provide valid data.
Monitoring failures that are caused in part by poor maintenance or
careless operation are not malfunctions. Any period for which the
monitoring system is out-of-control and data are not available for
required calculations is a deviation from the monitoring requirements.
(b) Capture system bypass line. You must meet the requirements of
paragraphs (b)(1) and (2) of this section for each emission capture
system that contains bypass lines that could divert emissions away from
the add-on control device to the atmosphere.
(1) You must monitor or secure the valve or closure mechanism
controlling the bypass line in a nondiverting position in such a way
that the valve or closure mechanism cannot be opened without creating a
record that the valve was opened. The method used to monitor or secure
the valve or closure mechanism must meet one of the requirements
specified in paragraphs (b)(1)(i) through (iv) of this section.
(i) Flow control position indicator. Install, calibrate, maintain,
and operate according to the manufacturer's
[[Page 20242]]
specifications a flow control position indicator that takes a reading
at least once every 15 minutes and provides a record indicating whether
the emissions are directed to the add-on control device or diverted
from the add-on control device. The time of occurrence and flow control
position must be recorded, as well as every time the flow direction is
changed. The flow control position indicator must be installed at the
entrance to any bypass line that could divert the emissions away from
the add-on control device to the atmosphere.
(ii) Car-seal or lock-and-key valve closures. Secure any bypass
line valve in the closed position with a car-seal or a lock-and-key
type configuration. You must visually inspect the seal or closure
mechanism at least once every month to ensure that the valve is
maintained in the closed position, and the emissions are not diverted
away from the add-on control device to the atmosphere.
(iii) Valve closure monitoring. Ensure that any bypass line valve
is in the closed (non-diverting) position through monitoring of valve
position at least once every 15 minutes. You must inspect the
monitoring system at least once every month to verify that the monitor
will indicate valve position.
(iv) Automatic shutdown system. Use an automatic shutdown system in
which the coating operation is stopped when flow is diverted by the
bypass line away from the add-on control device to the atmosphere when
the coating operation is running. You must inspect the automatic
shutdown system at least once every month to verify that it will detect
diversions of flow and shut down the coating operation.
(2) If any bypass line is opened, you must include a description of
why the bypass line was opened and the length of time it remained open
in the semiannual compliance reports required in Sec. 63.4920.
(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 gas temperature monitors both
upstream and downstream of the catalyst bed. The temperature monitors
must be in the gas stream immediately before and after the catalyst bed
to measure the temperature difference across the bed.
(3) For all thermal oxidizers and catalytic oxidizers, you must
meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of
this section for each gas temperature monitoring device.
(i) Locate the temperature sensor in a position that provides a
representative temperature.
(ii) Use a temperature sensor with a measurement sensitivity of 4
degrees Fahrenheit or 0.75 percent of the temperature value, whichever
is larger.
(iii) Shield the temperature sensor system from electromagnetic
interference and chemical contaminants.
(iv) If a gas temperature chart recorder is used, it must have a
measurement sensitivity in the minor division of at least 20 degrees
Fahrenheit.
(v) Perform an electronic calibration at least semiannually
according to the procedures in the manufacturer's owners manual.
Following the electronic calibration, you must conduct a temperature
sensor validation check in which a second or redundant temperature
sensor placed nearby the process temperature sensor must yield a
reading within 30 degrees Fahrenheit of the process temperature
sensor's reading.
(vi) Conduct calibration and validation checks any time the sensor
exceeds the manufacturer's specified maximum operating temperature
range or install a new temperature sensor.
(vii) At least monthly, inspect components for integrity and
electrical connections for continuity, oxidation, and galvanic
corrosion.
(d) Carbon adsorbers. If you are using a carbon adsorber as an add-
on control device, you must monitor the total regeneration desorbing
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle,
the carbon bed temperature after each regeneration and cooling cycle,
and comply with paragraphs (a)(3) through (5) and (d)(1) and (2) of
this section.
(1) The regeneration desorbing gas mass flow monitor must be an
integrating device having a measurement sensitivity of plus or minus 10
percent, capable of recording the total regeneration desorbing gas mass
flow for each regeneration cycle.
(2) The carbon bed temperature monitor must have a measurement
sensitivity of 1 percent of the temperature recorded or 1 degree
Fahrenheit, whichever is greater, and must be capable of recording the
temperature within 15 minutes of completing any carbon bed cooling
cycle.
(e) Condensers. If you are using a condenser, you must monitor the
condenser outlet (product side) gas temperature and comply with
paragraphs (a) and (e)(1) and (2) of this section.
(1) The gas temperature monitor must have a measurement sensitivity
of 1 percent of the temperature recorded or 1 degree Fahrenheit,
whichever is greater.
(2) The temperature monitor must provide a gas temperature record
at least once every 15 minutes.
(f) 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 (iv) of this
section.
(i) Locate a flow sensor in a position that provides a
representative flow measurement in the duct from each capture device in
the emission capture system to the add-on control device.
(ii) Reduce swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
(iii) Conduct a flow sensor calibration check at least
semiannually.
(iv) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(2) For each pressure drop measurement device, you must comply with
the requirements in paragraphs (a) and (f)(2)(i) through (vi) of this
section.
(i) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure drop across each
opening you are monitoring.
(ii) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(iii) Check pressure tap pluggage daily.
(iv) Using an inclined manometer with a measurement sensitivity of
0.0002 inch water, check gauge calibration quarterly and transducer
calibration monthly.
(v) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(vi) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(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 (g)(1) and (2) of this section.
[[Page 20243]]
(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 (g)(2)(i) through (vii) of
this section.
(i) Locate the pressure sensor(s) in or as close to a position that
provides a representative measurement of the pressure.
(ii) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(iii) Use a gauge with a minimum tolerance of 0.5 inch of water or
a transducer with a minimum tolerance of 1 percent of the pressure
range.
(iv) Check the pressure tap daily.
(v) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
(vi) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range or install a
new pressure sensor.
(vii) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
Other Requirements and Information
Sec. 63.4980 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by us, the EPA, or
a delegated authority such as your State, local, or tribal agency. If
the EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency (as well as EPA) has the authority to
implement and enforce this subpart. You should contact your EPA
Regional Office to find out if implementation and enforcement of this
subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator and are not transferred to the State,
local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are as follows:
(1) Approval of alternatives to the work practice standards in
Sec. 63.4893 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,
the General Provisions of this part, and in this section as follows:
Add-on control means an air pollution control device, such as a
thermal oxidizer or carbon adsorber, that reduces pollution in an air
stream by destruction or removal before discharge to the atmosphere.
Adhesive means any chemical substance that is applied for the
purpose of bonding two surfaces together.
Capture device means a hood, enclosure, room, floor sweep, or other
means of containing or collecting emissions and directing those
emissions into an add-on air pollution control device.
Capture efficiency or capture system efficiency means the portion
(expressed as a percentage) of the pollutants from an emission source
that is delivered to an add-on control device.
Capture system means one or more capture devices intended to
collect emissions generated by a coating operation in the use of
coatings or cleaning materials, both at the point of application and at
subsequent points where emissions from the coatings or cleaning
materials occur, such as flashoff, drying, or curing. As used in this
subpart, multiple capture devices that collect emissions generated by a
coating operation are considered a single capture system.
Cleaning material means a solvent used to remove contaminants and
other materials, such as dirt, grease, oil, and dried or wet coating
(e.g., depainting), from a substrate before or after coating
application or from equipment associated with a coating operation, such
as spray booths, spray guns, racks, tanks, and hangers. Thus, it
includes any cleaning material used on substrates or equipment or both.
Coating means a material applied to a substrate for decorative,
protective, or functional purposes. Such materials include, but are not
limited to, paints, sealants, caulks, inks, adhesives, and maskants.
Decorative, protective, or functional materials that consist only of
protective oils for metal, acids, bases, or any combination of these
substances are not considered coatings for the purposes of this
subpart.
Coating operation means equipment used to apply cleaning materials
to a substrate to prepare it for coating application or to remove dried
coating (surface preparation); to apply coating to a substrate (coating
application) and to dry or cure the coating after application; or to
clean coating operation equipment (equipment cleaning). A single
coating operation may include any combination of these types of
equipment, but always includes at least the point at which a coating or
cleaning material is applied and all subsequent points in the affected
source where organic HAP emissions from that coating or cleaning
material occur. There may be multiple coating operations in an affected
source. Coating application with hand-held nonrefillable aerosol
containers, touchup markers, or marking pens is not a coating operation
for the purposes of this subpart.
Coating solids means the nonvolatile portion of the coating that
makes up the dry film.
Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart, used to sample, condition
(if applicable), analyze, and provide a record of coating operation, or
capture system, or add-on control device parameters.
Controlled coating operation means a coating operation from which
some or all of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limit, or operating
limit, or work practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emission limit, or operating limit, or work
practice standard in this subpart during startup, shutdown, or
malfunction, regardless of whether or not such failure is permitted by
this subpart.
Emission limitation means an emission limit, operating limit, or
work practice standard.
Enclosure means a structure that surrounds a source of emissions
and captures and directs the emissions to an add-on control device.
[[Page 20244]]
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).
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 organic HAP means the ratio of the mass of organic
HAP to the mass of a material in which it is contained; 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 1 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.''
Temporary total enclosure means an enclosure constructed for the
purpose of measuring the capture efficiency of pollutants emitted from
a given source as defined in Method 204 of appendix M, 40 CFR part 51.
Thinner means an organic solvent that is added to a coating after
the coating is received from the supplier.
Total volatile hydrocarbon (TVH) means the total amount of
nonaqueous volatile organic matter determined according to Methods 204
and 204A through 204F of appendix M to 40 CFR part 51 and substituting
the term TVH each place in the methods where the term VOC is used. The
TVH includes both VOC and non-VOC.
Uncontrolled coating operation means a coating operation from which
none of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Volatile organic compound (VOC) means any compound defined as VOC
in 40 CFR 51.100(s).
Volume fraction of coating solids means the ratio of the volume of
coating solids (also known as volume of nonvolatiles) to the volume of
coating; liters of coating solids per liter of coating.
Wastewater means water that is generated in a coating operation and
is collected, stored, or treated prior to being discarded or
discharged.
Tables to Subpart RRRR of Part 63
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:
Table 1 to Subpart RRRR of Part 63.--Operating Limits if Using the
Emission Rate With Add-on Controls Option
------------------------------------------------------------------------
And you must
demonstrate
You must meet the continuous
For the following device * * following operating compliance with the
* limit * * * operating limit by *
* *
------------------------------------------------------------------------
1. thermal oxidizer......... the average i. collecting the
combustion combustion
temperature in any temperature data
3-hour period must according to Sec.
not fall below the 63.4968(c);
combustion ii. reducing the
temperature limit data to 3-hour
established block averages; and
according to Sec. iii. maintaining the
63.4967(a). 3-hour average
combustion at or
above the
temperature limit.
------------------------------------------------------------------------
2. catalytic oxidizer....... a. the average i. collecting the
temperature temperature data
measured just according to Sec.
before the catalyst 63.4968(c);
bed in any 3-hour ii. reducing the
period must not data to 3-hour
fall below the block averages; and
limit established iii. maintaining the
according to Sec. 3-hour average
63.4967(b). temperature before
the catalyst bed at
or above the
temperature limit.
b. either ensure i. either collecting
that the average the temperature
temperature data according to
difference catalyst across the Sec.
bed in any 3-hour 63.4968(c),
period does not reducing the data
fall below the to 3-hour block
temperature averages, and
difference limit maintaining the 3-
established hour average
according to Sec. temperature
63.4967(b) or difference at or
develop and above the
implement an temperature
inspection and difference limit;
maintenance plan or
according to Sec. ii. complying with
63.4967(b)(3) and the inspection and
(4). maintenance plan
developed according
to Sec.
63.4967(b)(3) and
(4).
------------------------------------------------------------------------
3. carbon adsorber.......... a. the total i. measuring the
regeneration total regeneration
desorbing gas desorbing gas
(e.g., steam or (e.g., steam or
nitrogen) mass flow nitrogen) mass flow
for each carbon bed for each
regeneration cycle regeneration cycle
must not fall below according to Sec.
the total 63.4968(d); and
regeneration ii. maintaining the
desorbing gas mass total regeneration
flow limit desorbing gas mass
established flow at or above
according to Sec. the mass flow
63.4967(c). limit.
------------------------------------------------------------------------
[[Page 20245]]
b. the temperature i. measuring the
of the carbon bed, temperature of the
after completing carbon bed, after
each regeneration completing each
and any cooling regeneration and
cycle, must not any cooling cycle,
exceed the carbon according to Sec.
bed temperature 63.4968(d); and
limit established ii. operating the
according to Sec. carbon beds such
63.4967(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................ the average i. collecting the
condenser outlet condenser outlet
(product side) gas (product side) gas
temperature in any temperature
3-hour period must according to Sec.
not exceed the 63.4968(e);
temperature limit ii. reducing the
established data to 3-hour
according to Sec. block averages; and
63.4967(d). iii. maintaining the
3-hour average gas
temperature at the
outlet at or below
the temperature
limit.
------------------------------------------------------------------------
5. emission capture system the direction of the i. collecting the
that is a PTE according to air flow at all direction of air
Sec. 63.4965(a). times must be into flow, and either
the enclosure; and the facial velocity
either the average of air through all
facial velocity of natural draft
air through all openings according
natural draft to Sec.
openings in the 63.4968(f)(1) or
enclosure must be the pressure drop
at least 200 feet across the
per minute; or the enclosure according
pressure drop to Sec.
across the 63.4968(f)(2); and
enclosure must be ii. maintaining the
at least 0.007 inch facial velocity of
H2O, as established air flow through
in Method 204 of all natural draft
appendix M to 40 openings or the
CFR part 51. 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 the average gas i. collecting the
that is a PTE according to volumetric flow gas volumetric flow
Sec. 63.4965(a). rate or duct static rate or duct static
pressure in each pressure for each
duct between a not capture device
capture device and according to Sec.
add-on control 63.4968(f);
device inlet in any ii. reducing the
3-hour period must data to 3-hour
not fall below the block averages; and
average volumetric iii. maintaining the
flow rate or duct 3-hour average gas
static pressure volumetric flow
limit established rate or duct static
for that capture pressure for each
device according to capture device at
Sec. 63.4967(e). or above the gas
volumetric flow
rate or duct static
pressure limit.
------------------------------------------------------------------------
7. concentrators, including a. the average gas i. collecting the
zeolite wheels and rotary temperature of the temperature data
carbon adsorbers. desorption according to
concentrate stream 63.4968(g);
in any 3-hour ii. reducing the
period must not data to 3-hour
fall below the block averages; and
limit established iii. maintaining the
according to Sec. 3-hour average
63.4967(g). temperature at or
above the
temperature limit.
------------------------------------------------------------------------
b. the average i. collecting the
pressure drop of pressure drop data
the dilute stream according to Sec.
across the 63.4968(g);
concentrator in any ii. reducing the
3-hour period must pressure drop data
not fall below the to 3-hour block
limit established averages; and
according to Sec. iii. maintaining the
63.4967(g). 3-hour average
pressure drop at or
above the pressure
drop limit.
------------------------------------------------------------------------
You must comply with the applicable General Provisions requirements
according to the following table:
Table 2 to Subpart RRRR of Part 63.--Applicability of General Provisions to Subpart RRRR
----------------------------------------------------------------------------------------------------------------
Applicable to subpart
Citation Subject RRRR Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(14)............. General Applicability..... Yes..................
Sec. 63.1(b)(1)-(3).............. Initial Applicability Yes.................. Applicability to subpart
Determination. 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 Permit No................... Area sources are not
Program for Area Sources. subject to subpart RRRR.
Sec. 63.1(c)(4)-(5).............. Extensions and Yes..................
Notifications.
Sec. 63.1(e)..................... Applicability of Permit Yes..................
Program Before Relevant
Standard is Set.
Sec. 63.2........................ Definitions............... Yes.................. Additional definitions
are specified in Sec.
63.4981.
Sec. 63.3(a)-(c)................. Units and Abbreviations... Yes..................
[[Page 20246]]
Sec. 63.4(a)(1)-(5).............. Prohibited Activities..... Yes..................
Sec. 63.4(b)-(c)................. Circumvention/Severability Yes..................
Sec. 63.5(a)..................... Construction/ Yes..................
Reconstruction.
Sec. 63.5(b)(1)-(6).............. Requirements for Existing, Yes..................
Newly Constructed, and
Reconstructed Sources.
Sec. 63.5(d)..................... Application for Approval Yes..................
of Construction/
Reconstruction.
Sec. 63.5(e)..................... Approval of Construction/ Yes..................
Reconstruction.
Sec. 63.5(f)..................... Approval of Construction/ Yes..................
Reconstruction Based on
Prior State Review.
Sec. 63.6(a)..................... Compliance With Standards Yes..................
and Maintenance
Requirements--Applicabili
ty.
Sec. 63.6(b)(1)-(7).............. Compliance Dates for New Yes.................. Section 63.4883 specifies
and Reconstructed Sources. the compliance dates.
Sec. 63.6(c)(1)-(5).............. Compliance Dates for Yes.................. Section 63.4883 specifies
Existing Sources. the compliance dates.
Sec. 63.6(e)(1)-(2).............. Operation and Maintenance. Yes..................
Sec. 63.6(e)(3).................. Startup, Shutdown, and Yes.................. Only sources using an add-
Malfunction Plan. on control device to
comply with the standard
must complete startup,
shutdown, and
malfunction plans.
Sec. 63.6(f)(1).................. Compliance Except During Yes.................. Applies only to sources
Startup, Shutdown, using an add-on and
Malfunction. control device to comply
with the standard.
Sec. 63.6(f)(2)-(3).............. Methods for Determining Yes..................
Compliance.
Sec. 63.6(g)(1)-(3).............. Use of an Alternative Yes..................
Standard.
Sec. 63.6(h)..................... Compliance With Opacity/ No................... Subpart RRRR does not
Visible Emission establish opacity
Standards. standards and does not
require continuous
opacity monitoring
systems (COMS).
Sec. 63.6(i)(1)-(16)............. Extension of Compliance... Yes..................
Sec. 63.6(j)..................... Presidential Compliance Yes..................
Exemption.
Sec. 63.7(a)(1).................. Performance Test Yes.................. Applies to all affected
Requirements--Applicabili sources. Additional
ty. requirements for
performance testing are
specified in Secs.
63.4964, 63.4965, and
63.4966.
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 standard.
Section 63.4960
specifies the schedule
for performance test
requirements that are
earlier than those
specified in 63.7(a)(2).
Sec. 63.7(a)(3).................. Performance Tests Required Yes..................
by the Administrator.
Sec. 63.7(b)-(e)................. Performance Test Yes.................. Applies only to
Requirements--Notificatio performance tests for
n, Quality Assurance, capture system and add-
Facilities Necessary for on control device
Safe Testing, Conditions efficiency at sources
During Test. using these to comply
with the standard.
Sec. 63.7(f)..................... Performance Test Yes.................. Applies to all test
Requirements--Use of methods except those
Alternative Test Method. used to determine
capture system
efficiency.
Sec. 63.7(g)-(h)................. Performance Yes.................. Applies only to
TestRequirements--Data performance tests for
Analysis, Recordkeeping, capture system and add-
Reporting, Waiver of Test. on control device
efficiency at sources
using these to comply
with the standard.
Sec. 63.8(a)(1)-(3).............. Monitoring Requirements-- Yes.................. Applies only to
Applicability. monitoring of capture
system and add-on
control device
efficiency at sources
using these to comply
with the standard.
Additional requirements
for monitoring are
specified in Sec.
63.4968.
Sec. 63.8(a)(4).................. Additional Monitoring No................... Subpart RRRR does not
Requirements. have monitoring
requirements for flares.
Sec. 63.8(b)..................... Conduct of Monitoring..... Yes..................
Sec. 63.8(c)(1)-(3).............. Continuous Monitoring Yes.................. Applies only to
System (CMS) Operation monitoring of capture
and Maintenance. system and add-on
control device
efficiency at sources
using these to comply
with the standard.
Additional requirements
for CMS operations and
maintenance are
specified in Sec.
63.4968.
Sec. 63.8(c)(4).................. CMSs...................... No................... Section 63.4968 specifies
the requirements for the
operation of CMS for
capture systems and add-
on control devices at
sources using these to
comply.
[[Page 20247]]
Sec. 63.8(c)(5).................. COMS...................... No................... Subpart RRRR does not
have opacity or visible
emission standards.
Sec. 63.8(c)(6).................. CMS Requirements.......... No................... Section 63.4968 specifies
the requirements for
monitoring systems for
capture systems and add-
on control devices at
sources using these to
comply.
Sec. 63.8(c)(7).................. CMS Out-of-Control Periods Yes..................
Sec. 63.8(c)(8).................. CMS Out-of-Control Periods No................... Section 63.4920 requires
reporting. reporting of CMS out-of-
control periods.
Sec. 63.8(d)-(e)................. Quality Control Program No................... Subpart RRRR does not
and CMS Performance require the use of
Evaluation. continuous emissions
monitoring systems.
Sec. 63.8(f)(1)-(5).............. Use of an Alternative Yes..................
Monitoring Method.
Sec. 63.8(f)(6).................. Alternative to Relative No................... Subpart RRRR does not
Accuracy Test. require the use of
continuous emissions
monitoring systems.
Sec. 63.8(g)(1)-(5).............. Data Reduction............ No................... Sections 63.4967 and
63.4968 specify
monitoring data
reduction.
Sec. 63.9(a)-(d)................. Notification Requirements. Yes..................
Sec. 63.9(e)..................... Notification of Yes.................. Applies only to capture
Performance Test. system and add-on
control device
performance tests at
sources using these to
comply with the
standard.
Sec. 63.9(f)..................... Notification of Visible No................... Subpart RRRR does not
Emissions/Opacity Test. have opacity or visible
emission standards.
Sec. 63.9(g)(1)-(3).............. Additional Notifications No................... Subpart RRRR does not
When Using CMS. require the use of
continuous emissions
monitoring systems.
Sec. 63.9(h)..................... Notification of Compliance Yes.................. Section 63.4910 specifies
Status. the dates for submitting
the notification of
compliance status.
Sec. 63.9(i)..................... Adjustment of Submittal Yes..................
Deadlines.
Sec. 63.9(j)..................... Change in Previous Yes..................
Information.
Sec. 63.10(a).................... Recordkeeping/Reporting-- Yes..................
Applicability and General
Information.
Sec. 63.10(b)(1)................. General Recordkeeping Yes.................. Additional requirements
Requirements. are specified in Secs.
63.4930 and 63.4931.
Sec. 63.10(b)(2)(i)-(v).......... Recordkeeping Relevant Yes.................. Requirements for Startup,
Startup, to Shutdown, and Startup, Shutdown, and
Malfunction Periods and Malfunction records only
CMS. apply to add-on control
devices used to comply
with the standard.
Sec. 63.10(b)(2)(vi)-(xi)........ .......................... Yes..................
Sec. 63.10(b)(2)(xii)............ Records................... Yes..................
Sec. 63.10(b)(2)(xiii)........... .......................... No................... Subpart RRRR does not
require the use of
continuous emissions
monitoring systems.
Sec. 63.10(b)(2)(xiv)............ .......................... Yes..................
Sec. 63.10(b)(3)................. Recordkeeping Requirements Yes..................
for Applicability
Determinations.
Sec. 63.10(c)(1)-(6)............. Additional Recordkeeping Yes..................
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 Test Yes.................. Additional requirements
Results. are specified in Sec.
63.4920(b).
Sec. 63.10(d)(3)................. Reporting Opacity or No................... Subpart RRRR does not
Visible Emissions require opacity or
Observations. visible emissions
observations.
Sec. 63.10(d)(4)................. Progress Reports for Yes..................
Sources With Compliance
Extensions.
Sec. 63.10(d)(5)................. Startup, Shutdown, and Yes.................. Applies only to add-on
Malfunction Reports. control devices at
sources using these to
comply with the
standard.
Sec. 63.10(e)(1)-(2)............. Additional CMS Reports.... No................... Subpart RRRR does 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/Reporting Yes..................
Waiver.
Sec. 63.11....................... Control Device No................... Subpart RRRR does not
Requirements/Flares. specify use of flares
for compliance.
Sec. 63.12....................... State Authority and Yes..................
Delegations.
[[Page 20248]]
Sec. 63.13....................... Addresses................. Yes..................
Sec. 63.14....................... Incorporation by Reference Yes..................
Sec. 63.15....................... Availability of Yes..................
Information/
Confidentiality.
----------------------------------------------------------------------------------------------------------------
You may use the mass fraction values in the following table for
solvent blends for which you do not have test data or manufacturer's
formulation data:
Table 3 to Subpart RRRR of Part 63.--Default Organic HAP Mass Fraction
for Solvents and Solvent Blends
------------------------------------------------------------------------
Average
organic HAP Typical organic
Solvent/Solvent blend CAS. No. mass HAP, percent by
fraction mass
------------------------------------------------------------------------
1. Toluene.................. 108-88-3 1.0 Toluene.
2. Xylene(s)................ 1330-20-7 1.0 Xylenes,
ethylbenzene.
3. Hexane................... 110-54-3 0.5 n-hexane.
4. n-Hexane................. 110-54-3 1.0 n-hexane.
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 64742-82-1 0 None.
spirit.
15. Mineral spirits......... 64742-88-7 0.01 Xylenes.
16. Hydrotreated naphtha.... 64742-48-9 0 None.
17. Hydrotreated light 64742-47-8 0.001 Toluene.
distillate.
18. Stoddard solvent........ 8052-41-3 0.01 Xylenes.
19. Super high-flash naphtha 64742-95-6 0.05 Xylenes.
20. Varsol® 8052-49-3 0.01 0.5% xylenes,
solvent. 0.5% ethyl
benzene.
21. VM & P naphtha.......... 64742-89-8 0.06 3% toluene, 3%
xylene.
22. Petroleum distillate 68477-31-6 0.08 4% naphthalene,
mixture. 4% biphenyl.
------------------------------------------------------------------------
You may use the mass fraction values in the following table for
solvent blends for which you do not have test data or manufacturer's
formulation data:
Table 4 to Subpart RRRR of Part 63.--Default Organic HAP Mass Fraction
for Petroleum Solvent Groups a
------------------------------------------------------------------------
Average
organic HAP Typical organic HAP,
Solvent type mass percent by mass
fraction
------------------------------------------------------------------------
Aliphatic b...................... 0.03 1% Xylene, 1% Toluene,
and 1% Ethylbenzene.
Aromatic c....................... 0.06 4% Xylene, 1% Toluene,
and 1% Ethylbenzene.
------------------------------------------------------------------------
a Use this table only if the solvent blend does not match any of the
solvent blends in Table 3 to this subpart and you only know whether
the blend is aliphatic or aromatic.
b e.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed
Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naphtha, Naphthol
Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent
Naphtha, Solvent Blend.
c e.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha,
Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic
Hydrocarbons, Light Aromatic Solvent.
[FR Doc. 02-7224 Filed 4-23-02; 8:45 am]
BILLING CODE 6560-50-P
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