[Federal Register: November 13, 2003 (Volume 68, Number 219)]
[Rules and Regulations]
[Page 64431-64480]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no03-5]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Metal Cans; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[OAR-2003-0005-FRL-7546-8]
RIN 2060-AG96
National Emission Standards for Hazardous Air Pollutants: Surface
Coating of Metal Cans
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action promulgates national emission standards for
hazardous air pollutants (NESHAP) for metal can surface coating
operations located at major sources of hazardous air pollutants (HAP).
The final standards 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 final rule will protect air quality and promote public health by
reducing emissions of HAP from facilities in the metal can surface
coating source category. The HAP emitted by these facilities include
ethylene glycol monobutyl ether (EGBE) and other glycol ethers,
xylenes, hexane, methyl isobutyl ketone (MIBK), and methyl ethyl ketone
(MEK). These HAP are associated with a variety of adverse health
effects which include chronic health disorders (e.g., birth defects and
effects on the central nervous system, liver, and heart) and acute
health disorders (e.g., irritation of the lung, skin, and mucous
membranes, and effects on the central nervous system), and possibly
cancer. In general, these findings have only been shown with
concentrations higher than those typically found in the ambient air.
The final standards are expected to reduce nationwide HAP emissions
from major sources in this source category by approximately 6,160
megagrams per year (Mg/yr) (6,800 tons per year (tpy)) or 70 percent
from the baseline organic HAP emissions of 8,700 Mg/yr (9,600 tpy).
DATES: This rule is effective November 13, 2003. The incorporation by
reference of certain publications listed in today's final rule is
approved by the Director of the Federal Register as of November 13,
2003.
ADDRESSES: Docket. Docket ID No. OAR-2003-0005 (formerly Docket No. A-
98-41) is located at the EPA Docket Center, EPA West, U.S. EPA (6102T),
1301 Constitution Avenue, NW., Washington, DC 20460.
Background Information Document. A background information document
(BID) for the promulgated NESHAP may be obtained from the docket; the
U.S. EPA Library (C267-01), Research Triangle Park, NC 27711, telephone
number (919) 541-2777; or from the National Technical Information
Service, 5285 Port Royal Road, Springfield, VA 22161, telephone number
(703) 487-4650. Refer to ``National Emission Standards for Hazardous
Air Pollutants: Surface Coating of Metal Cans Background Information
for Final Standards--Summary of Public Comments and Responses'' (EPA-
453/R-03-009). The promulgation BID contains a summary of public
comments made on the proposed standards and EPA responses to the public
comments.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Almod[oacute]var, Coatings
and Consumer Products Group, Emission Standards Division (C539-03),
U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 541-
0283; facsimile number (919) 541-5689; electronic mail address: almodovar.paul@epa.gov.
SUPPLEMENTARY INFORMATION: Regulated Entities. The source category
definition includes facilities that apply coatings during any stage of
the can manufacturing process to metal cans or ends (including
decorative tins) or to metal crowns or closures for any type of can
body. In general, facilities that coat metal cans are covered under the
North American Industrial Classification System (NAICS) codes listed in
Table 1 of this preamble. However, facilities classified under other
NAICS codes may be subject to the final standards if they meet the
applicability criteria. Not all facilities classified under the NAICS
codes in the following table will be subject to the standards because
some of the classifications cover products outside the scope of the
NESHAP for the surface coating of metal cans.
Table 1.--Categories and Entities Potentially Regulated by the Final
Standards
------------------------------------------------------------------------
Examples of
Subcategory NAICS potentially
regulated entities
------------------------------------------------------------------------
One- and two-piece draw and 332431.............. Two-piece beverage
iron (D&I) can body can facility.
coatings.
Sheetcoatings............... 332431, 332115, Three-piece food can
332116, 332812, facility, two-piece
332999. D&I facility, one-
piece aerosol can
facility, etc.
Three-piece can assembly 332431.............. Can assembly
coatings. facility.
End coatings................ 332431, 332812...... End manufacturing
facilities.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your coating operation is regulated by
this action, you should examine the applicability criteria in Sec.
63.3481 of the final rule.
Docket. The EPA has established an official public docket for this
action under Docket ID No. OAR-2003-0005 (formerly Docket No. A-98-41).
The official public docket consists of the documents specifically
referenced in this action, any public comments received, and other
information related to this action. Although a part of the official
docket, the public docket does not include confidential business
information or other information whose disclosure is restricted by
statute. The official public docket is the collection of materials that
is available for public viewing at the EPA Docket Center, EPA West,
Room B-102, 1301 Constitution Avenue, NW., Washington, DC 20460. The
Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is (202) 566-1744, and the telephone number for the Docket Center
is (202) 566-1742. A reasonable fee may be charged for copying docket
materials.
Electronic Docket Access. You may access this Federal Register
document electronically through the EPA Internet under the Federal
Register listings at http://www.epa.gov/fedrgstr/.
An electronic version of the public docket is available through
EPA's electronic public docket and comment system, EPA Dockets. You may
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments,
access the index listing of the contents of the official public docket,
and to access those documents in the public docket
[[Page 64433]]
that are available electronically. Although not all docket materials
may be available electronically, you may still access any of the
publicly available docket materials through the docket facility
identified above. Once in the system, select ``search,'' then key in
the appropriate docket identification number.
WorldWide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule will also be available on the http://WWW.
Following the Administrator's signature, a copy of the final rule will
be posted at http://www.epa.gov/ttn/oarpg on EPA's Technology Transfer Network
(TTN) policy and guidance page for newly proposed or promulgated rules.
The TTN provides information and technology exchange in various areas
of air pollution control. If more information regarding the TTN is
needed, call the TTN HELP line at (919) 541-5384.
Judicial Review. Under section 307(b)(1) of the CAA, judicial
review of the final rule is available only by filing a petition for
review in the U.S. Court of Appeals for the District of Columbia
Circuit by January 12, 2004. Under section 307(d)(7)(B) of the CAA,
only an objection to the rule that was raised with reasonable
specificity during the period for public comment can be raised during
judicial review. Under section 307(b)(2) of the CAA, the requirements
that are the subject of today's final rule may not be challenged later
in civil or criminal proceedings brought by EPA to enforce the
requirements.
Outline. The information presented in this preamble is organized as
follows:
I. Background
A. What Is the Source of Authority for Development of NESHAP?
B. What Criteria Are Used in the Development of NESHAP?
C. What Are the Primary Sources of Emissions and What Are the
Emissions?
D. What Are the Health Effects Associated With HAP Emissions
From the Surface Coating of Metal Cans?
II. Summary of the Final Rule
A. What Source Categories and Subcategories Are Affected by the
Final Rule?
B. What Is the Affected Source?
C. What Are the Emission Limits, Operating Limits, and Other
Standards?
D. What Are the Testing and Initial Compliance Requirements?
E. What Are the Continuous Compliance Provisions?
F. What Are the Notification, Recordkeeping, and Reporting
Requirements?
III. What Are the Significant Comments and Changes Since Proposal?
A. End Coatings--Repair Spray Coatings
B. Affected Source Clarification
C. Monitoring, Recordkeeping, and Reporting Costs
D. Performance Test Costs
E. Calculation of Organic HAP Emission Reduction
IV. Summary of Environmental, Energy, and Economic Impacts
A. What Are the Air Impacts?
B. What Are the Cost Impacts?
C. What Are the Economic Impacts?
D. What Are the Non-air Health, Environmental, and Energy
Impacts?
E. Potential Changes to the Impacts
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
G. Executive Order 13045: Protection of Children from
Environmental Health & Safety Risks
H. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Congressional Review Act
I. Background
A. What Is the Source of Authority for Development of NESHAP?
Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP and to establish
NESHAP for the listed source categories and subcategories. The metal
can (surface coating) category of major sources was listed on July 16,
1992 (57 FR 31576) under the Surface Coating Processes industry group.
Major sources of HAP are those that emit or have the potential to emit
considering controls equal to or greater than 9.1 Mg/yr (10 tpy) of any
one HAP or 22.7 Mg/yr (25 tpy) of any combination of HAP.
B. What Criteria Are Used in the Development of NESHAP?
Section 112(c)(2) of the CAA requires that we establish NESHAP for
the control of HAP from both new and existing major sources, based on
the criteria set out in section 112(d). The CAA requires the NESHAP to
reflect the maximum degree of reduction in emissions of HAP that is
achievable, taking into consideration the cost of achieving the
emission reduction, any non-air quality health and environmental
impacts, and energy requirements. 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 standards are set at a level that ensures that
all major sources achieve the level of control at least as stringent as
that already achieved by the better-controlled and lower-emitting
sources in each source category or subcategory. For new sources, the
MACT floor cannot be less stringent than the emission control that is
achieved in practice by the best-controlled similar source. The MACT
standards for existing sources can be less stringent than standards for
new sources, but they cannot be less stringent than the average
emission limitation achieved by the best-performing 12 percent of
existing sources in the category or subcategory (or the best-performing
five sources for categories or subcategories with fewer than 30
sources).
In developing the final NESHAP, we considered control options that
are more stringent than the floor, taking into consideration the cost
of achieving the emission reduction, any non-air quality health and
environmental impacts, and energy requirements. In the final rule, EPA
is promulgating standards for both existing and new sources consistent
with these statutory requirements.
C. What Are the Primary Sources of Emissions and What Are the
Emissions?
The primary emission sources in metal can surface coating
operations are coating application lines, drying and curing ovens,
mixing and thinning areas, and equipment cleaning. Coating application
lines and drying and curing ovens are the largest sources of HAP
emissions. Recent reformulation efforts involving the primary coatings
used in metal can surface coating operations are likely to continue as
a result of the final rule and will serve to reduce HAP emissions from
these sources. Mixing and thinning areas and equipment cleaning are
smaller HAP emission sources, and work practice standards are used to
limit the HAP emissions from these sources.
Available emission data collected during the development of the
NESHAP show that the primary organic HAP emitted from metal can coating
operations include EGBE and other glycol ethers, xylenes, hexane, MEK,
and MIBK. Other significant organic HAP identified include isophorone,
ethyl benzene, toluene, cumene, napthalene, and formaldehyde. Organic
HAP emissions are regulated by the final metal can surface coating
rule.
[[Page 64434]]
D. What Are the Health Effects Associated With HAP Emissions From the
Surface Coating of Metal Cans?
Ethylene glycol monobutyl ether and other glycol ethers, xylenes,
hexane, MEK, and MIBK account for 95 percent of the nationwide HAP
emissions from this source category. These HAP are associated with a
variety of adverse health effects which include chronic health
disorders (e.g., birth defects and effects on the central nervous
system, liver, and heart) and acute health disorders (e.g., irritation
of the lung, skin, and mucous membranes, and effects on the central
nervous system), and possibly cancer.
We do not have current detailed data on each of the facilities
covered by these emission standards for this source category or on the
people living around the facilities that would be necessary to conduct
an analysis to determine the actual population exposures to the HAP
emitted from these facilities and potential for resultant health
effects. Therefore, we do not know the extent to which the adverse
health effects described above occur in the populations surrounding
these facilities. However, to the extent that adverse effects do occur,
the final rule will reduce emissions and subsequent exposures.
II. Summary of the Final Rule
A. What Source Categories and Subcategories Are Affected by the Final
Rule?
The final rule applies to you if you own or operate a metal can
surface coating operation that uses at least 5,700 liters (1,500
gallons (gal)) of coatings per year and is a major source, is located
at a major source, or is part of a major source of HAP emissions,
whether or not you manufacture the metal can substrate. The surface
coating operations themselves are not required to be major sources of
HAP emissions in order for the surface coating operations at a major
source facility to be covered by the final rule.
A metal can surface coating facility is any facility that coats
metal cans or ends (including decorative tins) or metal crowns or
closures for any type of can during any stage of the can manufacturing
process. It includes the coating of metal sheets for subsequent
processing into cans or can parts, but not the coating of metal coils
for cans or can parts. (Coil coating for cans and can parts is included
in the NESHAP for the surface coating of metal coil; 40 CFR part 63,
subpart SSSS). The source category does not include the coating of
pails and drums, which is covered in the NESHAP for the surface coating
of miscellaneous metal parts and products (40 CFR part 63, subpart
MMMM).
We have established four subcategories in the metal can surface
coating category, including: one- and two-piece D&I can body coating,
sheetcoating, three-piece can body assembly coating, and end coating.
Some metal can surface coating facilities include coating operations in
more than one subcategory. In those cases, the facilities are subject
to more than one emission limit.
You are not subject to the final rule if your coating operation is
located at an area source. An area source of HAP is any facility that
has the potential to emit HAP but is not a major source. You may
establish area source status by limiting the source's potential to emit
HAP through appropriate mechanisms available through the permitting
authority.
The outcome of two delisting petitions that have been submitted to
EPA could significantly affect which sources will be subject to the
final rule. These petitions are the petition to delist EGBE from the
HAP list and the petition to delist the two-piece beverage can segment
from the source category list. Both petitions are being reviewed by
EPA. If granted, the delisting of either EGBE or the two-piece beverage
can segment could significantly decrease the number of sources affected
by the final rule. Once decisions on the petitions are made, we will
expeditiously determine whether changes to the final rule are
warranted.
B. What Is the Affected Source?
We define an affected source as a stationary source, group of
stationary sources, or part of a stationary source to which a specific
emission standard applies. The final rule for metal can surface coating
defines the affected source as the collection of all surface coating
operations within a facility associated with metal cans and ends
(including decorative tins) or metal crowns or closures. Those
operations involve the following: preparation of a coating for
application (e.g., mixing with thinners); process equipment involving
storage, transfer, and handling; process equipment involving the
application of coatings, thinners, and cleaning materials; handling of
waste materials generated by a coating operation; and associated curing
and drying equipment.
The affected source does not include research or laboratory
equipment or janitorial, building, or facility maintenance operations.
C. What Are the Emission Limits, Operating Limits, and Other Standards?
Emission Limits. The final rule limits organic HAP emissions from
each new or reconstructed affected source using the emission limits in
Table 2 of this preamble. The final emission limits for each existing
affected source are given in Table 3 of this preamble. You can choose
from several compliance options in the final rule to achieve the
emission limit that applies to your affected source. You can comply by
applying materials (coatings and thinners) that meet the emission
limit, either individually or collectively. You can also use a capture
system and add-on control equipment to meet the emission limit, or you
can comply by using a combination of both approaches. If you use a
capture system and add-on control equipment, there are alternative
control efficiency or outlet concentration limits that you may use to
simplify and reduce your recordkeeping and reporting requirements. The
alternative emission limits for affected sources using the control
efficiency/outlet concentration compliance option are provided in Table
4 of this preamble.
Table 2.--Emission Limits for New or Reconstructed Affected Sources
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Then, you must meet
the following
If you apply surface organic HAP emission
coatings to metal cans or For all coatings of limit in kilograms
metal can parts in this this type . . . (kg) HAP/liter
subcategory. . . solids (lb HAP/gal
solids): \1,2\
------------------------------------------------------------------------
1. One- and two-piece D&I a. Two-piece 0.04 (0.31).
can body coating. beverage cans--all
coatings.
b. Two-piece food 0.06 (0.50).
cans--all coatings.
c. One-piece aerosol 0.08 (0.65).
cans--all coatings.
2. Sheetcoating............. Sheetcoating........ 0.02 (0.17).
3. Three-piece can assembly. a. Inside spray..... 0.12 (1.03).
b. Aseptic side seam 1.48 (12.37).
stripes on food
cans.
[[Page 64435]]
c. Nonaseptic side 0.72 (5.96).
seam stripes on
food cans.
d. Side seam stripes 1.18 (9.84).
on general line
nonfood cans.
e. Side seam stripes 1.46 (12.14).
on aerosol cans.
4. End coating.............. a. Aseptic end seal 0.06 (0.54).
compounds.
b. Nonaseptic end 0.00 (0.00).
seal compounds.
c. Repair sprays.... 0.64 (5.34).
------------------------------------------------------------------------
\1\ If you apply surface coatings of more than one type within any one
subcategory, you may calculate an overall subcategory emission limit
according to 40 CFR 63.3531(i).
\2\ Rounding differences in specific emission limits are attributable to
unit conversions.
Table 3.--Emission Limits for Existing Affected Sources
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Then, you must meet
If you apply surface the following
coatings to metal cans or For all coatings of organic HAP emission
metal can parts in this this type . . . limit in kg HAP/
subcategory . . . liter solids (lb HAP/
gal solids): \1,\\2\
------------------------------------------------------------------------
1. One- and two-piece D&I a. Two-piece 0.07 (0.59).
can body coating. beverage cans--all
coatings.
b. Two-piece food 0.06 (0.51).
cans--all coatings.
c. One-piece aerosol 0.12 (0.99).
cans--all coatings.
2. Sheetcoating............. Sheetcoating........ 0.03 (0.26).
3. Three-piece can assembly. a. Inside spray..... 0.29 (2.43).
b. Aseptic side seam 1.94 (16.16).
stripes on food
cans.
c. Nonaseptic side 0.79 (6.57).
seam stripes on
food cans.
d. Side seam stripes 1.18 (9.84).
on general line
nonfood cans.
e. Side seam stripes 1.46 (12.14).
on aerosol cans.
4. End coating.............. a. Aseptic end seal 0.06 (0.54).
compounds.
b. Nonaseptic end 0.00 (0.00).
seal compounds.
c. Repair sprays.... 2.06 (17.17).
------------------------------------------------------------------------
\1\ If you apply surface coatings of more than one type within any one
subcategory, you may calculate an overall subcategory emission limit
according to 40 CFR 63.3531(i).
\2\ Rounding differences in specific emission limits are attributable to
unit conversions.
Table 4.--Emission Limits for Affected Sources Using the Control
Efficiency/Outlet Concentration Compliance Option
------------------------------------------------------------------------
If you use the control efficiency/ Then you must comply with one
outlet concentration option to comply of the following by using an
with the emission limitations for any emissions control system to . .
coating operation(s) . . . .
------------------------------------------------------------------------
1. In a new or reconstructed affected a. Reduce emissions of total
source. HAP, measured as total
hydrocarbons (THC) (as
carbon),\1\ by 97 percent; or
b. Limit emissions of total
HAP, measured as THC (as
carbon) \1\ to 20 parts per
million by volume, dry (ppmvd)
at the control device outlet
and use a permanent total
enclosure.
2. In an existing affected source...... a. Reduce emissions of total
HAP, measured as THC (as
carbon),\1\ by 95 percent; or
b. Limit emissions of total
HAP, measured as THC (as
carbon) \1\ to 20 ppmvd at the
control device outlet and use
a permanent total enclosure.
------------------------------------------------------------------------
\1\ You may choose to subtract methane from THC as carbon measurements.
Operating Limits. If you reduce emissions by using a capture system
and add-on control device (other than a solvent recovery system for
which you conduct a liquid-liquid material balance), the operating
limits apply to you. These limits are site-specific parameter limits
you determine during the initial performance test of the system. For
capture systems that are not permanent total enclosures (PTE), you must
establish average volumetric flow rates or duct static pressure limits
for each capture device (or enclosure) in each capture system. For
capture systems that are PTE, you must establish limits on average
facial velocity or pressure drop across openings in the enclosure.
For thermal oxidizers, you must monitor the combustion temperature.
For catalytic oxidizers, you must monitor the temperature immediately
before and after the catalyst bed or you must monitor the temperature
at the inlet to the catalyst bed and implement a site-specific
inspection and maintenance plan for the catalytic oxidizer. For carbon
adsorbers for which you do not conduct a liquid-liquid material
balance, you must monitor the carbon bed temperature and the amount of
steam or nitrogen used to desorb the bed. For condensers, you must
monitor the outlet gas temperature from the condenser. For
concentrators, you must monitor the temperature of the desorption
concentrate stream and the
[[Page 64436]]
pressure drop of the dilute stream across the concentrator.
All site-specific parameter limits that you establish must reflect
operation of the capture system and control devices during a
performance test that demonstrates achievement of the emission limits
during representative operating conditions.
Work Practice Standards. In lieu of emission standards, section
112(h) of the CAA allows work practice standards or other requirements
to be established when a pollutant cannot be emitted through a
conveyance or capture system or when measurement is not practicable
because of technological and economic limitations. Many metal can
surface coating facilities use work practice measures to reduce HAP
emissions from mixing, cleaning, storage, and waste handling areas as
part of their standard operating procedures. They use those measures to
decrease solvent usage and minimize exposure to workers. However, we do
not have data to accurately quantify the emissions reductions
achievable by the work practice measures, and it is not feasible to
measure emissions or enforce a numerical standard for emissions from
those operations.
Based on information received from the metal can industry during
the development of the NESHAP and information available from several
similar coating industries for which NESHAP have already been
promulgated, we identified a variety of work practice measures for
cleaning, storage, mixing, and waste handling. If you use a capture
system and add-on control device to reduce emissions, you are required
to develop and implement a work practice plan that specifies practices
and procedures to ensure that, at a minimum, all organic-HAP-containing
liquids and waste materials are stored in closed containers; spills of
all organic-HAP-containing materials are minimized; closed containers
or pipes are used to transport all organic-HAP-containing materials;
mixing vessels for organic-HAP-containing materials are kept closed
except when adding to, removing, or mixing the contents; and organic
HAP emissions are minimized during all cleaning operations.
If your affected source has an existing, documented plan that
incorporates steps taken to minimize emissions from the aforementioned
sources, then your existing plan may be used to satisfy the requirement
for a work practice plan.
Operations during Startup, Shutdown, or Malfunction. If you use a
capture system and add-on control device for compliance, you are
required to develop and operate according to a startup, shutdown, and
malfunction plan (SSMP) during periods of startup, shutdown, or
malfunction (SSM) of the capture system and add-on control device.
The NESHAP General Provisions at 40 CFR part 63, subpart A, codify
certain procedures and criteria for all 40 CFR part 63 NESHAP and apply
to you as indicated in the final rule. The General Provisions contain
administrative procedures, preconstruction review procedures for new
sources, and procedures for conducting compliance-related activities,
such as notifications, recordkeeping and reporting, performance
testing, and monitoring. The final rule refers to individual sections
of the General Provisions to emphasize key sections that are relevant.
However, unless specifically overridden in the final rule, all of the
applicable General Provisions requirements apply to you.
D. What Are the Testing and Initial Compliance Requirements?
Existing affected sources must be in compliance with the final rule
no later than November 13, 2006. New and reconstructed affected sources
must be in compliance upon initial startup of the affected source or by
November 13, 2003, whichever is later. However, affected sources are
not required to demonstrate compliance until the end of the initial
compliance period when they will have accumulated the necessary records
to document the rolling 12-month organic HAP emission rate.
Compliance with the emission limits is based on a rolling 12-month
organic HAP emission rate determined each month. Each 12-month period
is a compliance period. The initial compliance period, therefore, is
the 12-month period beginning on the compliance date. If the compliance
date occurs on any day other than the first day of a month, then the
initial compliance period begins on the compliance date and extends
through the end of that month plus the following 12 months. In other
words, the initial compliance period could be almost 13 months long,
but all subsequent compliance periods will be 12 months long. We have
defined ``month'' as a calendar month or a pre-specified period of 28
to 35 days to allow for flexibility at sources where data are based on
a business accounting period.
Being ``in compliance'' means that the owner or operator of the
affected source meets the requirements to achieve the final emission
limitations during the initial compliance period. However, the owner or
operator will not have accumulated the records for the rolling 12-month
organic HAP emission rate until the end of the initial compliance
period. At the end of the initial compliance period, the owner or
operator uses the data and records generated to determine whether or
not the affected source is in compliance with the organic HAP emission
limit and other applicable requirements for that period. If the
affected source does not meet the applicable limit and other
requirements, it is out of compliance for the entire compliance period.
Emission Limits. There are four options for complying with the
emission limits, and the testing and initial compliance requirements
vary accordingly.
Option 1: Compliance Based on the Compliant Material Option. If you
demonstrate compliance based on the compliant material option, you must
determine the mass of organic HAP in all coatings and thinners used
each month during the initial compliance period and the volume fraction
of coating solids in all coatings used each month during the initial
compliance period. To determine the mass of organic HAP in coatings and
thinners and the volume fraction of coating solids, you may use either
manufacturer's data or test results using the test methods listed
below. You may use alternative test methods provided that you get EPA
approval in accordance with 40 CFR 63.7(f). However, if there is any
inconsistency between the test method results (either EPA's or an
approved alternative) and manufacturer's data, the test method results
will prevail for compliance and enforcement purposes unless, after
consultation, you can demonstrate to the satisfaction of the
enforcement agency that the formulation data are correct.
[sbull] For organic HAP content, use Method 311 of 40 CFR part 63,
appendix A.
[sbull] The final rule allows you to use nonaqueous volatile matter
as a surrogate for organic HAP. If you choose that option, then use
Method 24 of 40 CFR part 60, appendix A, to determine nonaqueous
volatile matter.
[sbull] For volume fraction of coating solids, use either
information from the supplier or manufacturer of the material, American
Society of Testing and Materials (ASTM) Method D2697-86(1998), or ASTM
Method D6093-97.
To demonstrate initial compliance based on the compliant materials
option, you are required to demonstrate that the organic HAP content of
each coating meets the applicable emission
[[Page 64437]]
limits and that you use no organic-HAP-containing thinners.
Option 2: Compliance Based on the Emission Rate without Add-on
Controls Option. If you demonstrate compliance based on the emission
rate without add-on controls option, you must determine the mass of
organic HAP in all coatings and thinners used in each coating type
segment each month during the initial compliance period, and the volume
fraction of coating solids in all coatings in each coating type segment
used each month during the initial compliance period.
To determine the mass of organic HAP in coatings and thinners and
the volume fraction of coating solids, you may use either
manufacturer's data or test results using the test methods listed
below. You may use alternative test methods provided that you get EPA
approval in accordance with 40 CFR 63.7(f). However, if there is any
inconsistency between the test method results (either EPA's or an
approved alternative) and manufacturer's data, the test method results
will prevail for compliance and enforcement purposes unless, after
consultation, you can demonstrate to the satisfaction of the
enforcement agency that the formulation data are correct.
[sbull] For organic HAP content, use Method 311 in 40 CFR part 63,
appendix A.
[sbull] The final rule allows you to use nonaqueous volatile matter
as a surrogate for organic HAP. If you choose that option, use Method
24 in 40 CFR part 60, appendix A to determine nonaqueous volatile
matter.
[sbull] For volume fraction of coating solids, use either
information from the supplier or manufacturer of the material, ASTM
Method D2697-86 (Reapproved 1998), or ASTM Method D6093-97.
To demonstrate initial compliance based on the emission rate
without add-on controls option, you are required to demonstrate that
the total mass of organic HAP in all coatings and thinners in each
coating type segment divided by the total volume of coating solids in
that coating type segment meets the applicable emission limit. For the
emission rate without add-on controls option, you are required to
perform the following:
[sbull] Determine the quantity of each coating and thinner used in
each coating type segment.
[sbull] Determine the mass of organic HAP in each coating and
thinner in each coating type segment.
[sbull] Determine the volume fraction of coating solids for each
coating in each coating type segment.
[sbull] Calculate the total mass of organic HAP in all materials in
each coating type segment and total volume of coating solids in each
coating type segment for each month of the initial compliance period.
You may subtract from the total mass of organic HAP the amount
contained in waste materials you send to a hazardous waste treatment,
storage, and disposal facility regulated under 40 CFR part 262, 264,
265, or 266.
[sbull] Calculate the ratio of the total mass of organic HAP for
the materials used in each coating type segment to the total volume of
coating solids used in the segment.
[sbull] Record the calculations and results and include them in
your Notification of Compliance Status.
Alternatively, if you apply coatings in more than one coating type
segment within a subcategory, you may calculate an overall HAP emission
limit for the subcategory and demonstrate compliance by including all
coatings and thinners in all coating type segments in the subcategory
in calculating the ratio of total mass of organic HAP to total volume
of coating solids. If you use this approach, you must use the
subcategory limit throughout the 12-month initial compliance period and
may not switch between compliance with limits for individual coating
type segments and an overall limit. Also, if you follow this approach,
you may not include coatings in different subcategories in determining
your overall HAP limit.
Option 3: Compliance Based on the Emission Rate with Add-on
Controls Option. If you use a capture system and add-on control device
other than a solvent recovery system for which you conduct a liquid-
liquid material balance, your testing and initial compliance
requirements are as follows:
[sbull] Conduct an initial performance test to determine the
capture and control efficiencies of the equipment and to establish
operating limits to be achieved on a continuous basis.
[sbull] Determine the mass of organic HAP in each material and the
volume fraction of coating solids for each coating used each month of
the initial compliance period.
[sbull] Calculate the organic HAP emissions from the controlled
coating operations using the capture and control efficiencies
determined during the performance test and the total mass of organic
HAP in materials used in controlled coating operations.
[sbull] Calculate the ratio of the total mass of organic HAP
emissions to the total volume of coating solids used each month of the
initial compliance period.
[sbull] Record the calculations and results and include them in the
Notification of Compliance Status.
If you use a capture system and add-on control device other than a
solvent recovery system for which you conduct liquid-liquid material
balances, you must determine both the efficiency of the capture system
and the emissions reduction efficiency of the control device. To
determine the capture efficiency, you must either verify the presence
of a PTE using EPA Method 204 of 40 CFR part 51, appendix M, or use one
of the protocols in Sec. 63.3544 of the final rule to measure capture
efficiency. If you have a PTE, apply and dry all the materials within
the PTE, and route all exhaust gases from the PTE to a control device,
then you may assume 100 percent capture.
To determine the emissions reduction efficiency of the control
device, you must conduct measurements of the inlet and outlet gas
streams. The test must consist of three runs, each run lasting at least
1 hour, using the following EPA Methods in 40 CFR part 60, appendix A:
[sbull] Method 1 or 1A for selection of the sampling sites.
[sbull] Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas
volumetric flow rate.
[sbull] Method 3, 3A, or 3B for gas analysis to determine dry
molecular weight. You may also use as an alternative to Method 3B, the
manual method for measuring the oxygen, carbon dioxide, and carbon
monoxide content of exhaust gas in ANSI/ASME PTC 19.10-1981.
[sbull] Method 4 to determine stack moisture.
[sbull] Method 25 or 25A to determine organic volatile matter
concentration.
Alternatively, any other test method or data that have been
validated according to the applicable procedures in Method 301 of 40
CFR part 63, appendix A, and approved by the Administrator could be
used.
If you use a solvent recovery system, you may 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 are required to measure the amount of all materials
used in the affected source during each month of the initial compliance
period and determine the volatile matter contained in these materials.
You must also measure the amount of volatile matter recovered by the
solvent recovery system each month of the compliance period. Then, you
must compare the amount recovered to the amount used to determine the
overall control efficiency and apply this efficiency to the ratio of
organic HAP to coating solids for the materials used. You must record
the
[[Page 64438]]
calculations and results and include them in your Notification of
Compliance Status.
Alternatively, if you apply coatings in more than one coating type
segment within a subcategory, you may calculate an overall HAP emission
limit for the subcategory and demonstrate compliance by including all
coatings and thinners in all coating type segments in the subcategory
in calculating the ratio of total mass of organic HAP to total volume
of coating solids. If you use this approach, you must use the
subcategory limit throughout the compliance period and may not switch
between compliance with limits for individual coating type segments and
an overall limit. Also, if you follow this approach, you may not
include coatings in different subcategories in determining your overall
HAP limit.
Operating Limits. As mentioned above, you must establish operating
limits as part of the initial performance test of an emission capture
and control system. The operating limits are the values of certain
parameters measured for capture systems and control devices during the
most recent performance test that demonstrated compliance with the
emission limits. The final rule specifies the parameters to monitor for
the types of emission control systems commonly used in the industry.
Table 4 to the final rule summarizes the monitoring requirements for
each type of control device.
You are required to install, calibrate, maintain, and continuously
operate all monitoring equipment according to the manufacturer's
specifications and ensure that the continuous parameter monitoring
systems (CPMS) meet the requirements in Sec. 63.3547 of the final
rule. If you use control devices other than those identified in the
final rule, you must submit the operating parameters to be monitored to
the Administrator for approval. The authority to approve the parameters
to be monitored is retained by EPA and is not delegated to States.
Work Practice Standards. If you use a capture system and control
device for compliance, you are required to develop and implement on an
ongoing basis a work practice plan for minimizing organic HAP emissions
from storage, mixing, material handling, and waste handling operations.
That plan must include a description of all steps taken to minimize
emissions from those sources (e.g., using closed storage containers,
implementing practices to minimize emissions during filling and
transfer of contents from containers, using spill minimization
techniques, etc.). You must make the plan available for inspection if
the Administrator requests to see it.
Operations during Startup, Shutdown, or Malfunction. If you use a
capture system and control device for compliance, you are required to
develop and operate according to an SSMP during periods of SSM of the
capture system and control device.
Option 4: Compliance Based on the Control Efficiency/Outlet
Concentration Option. If you use a capture system and add-on control
device other than a solvent recovery system for which you conduct a
liquid-liquid material balance, you may meet either of the applicable
alternative limits summarized in Table 4 of this preamble instead of
the organic HAP emission rate limits summarized in Tables 2 and 3 of
this preamble. Prior to the initial performance test, you are required
to install control device parameter monitoring equipment to be used to
demonstrate compliance with the capture and control efficiencies (or
the capture efficiency of the capture system and the oxidizer outlet
concentration) and to establish operating limits to be achieved on a
continuous basis. During the initial compliance test, you must use the
control device parameter monitoring equipment to establish parameter
values that represent your operating requirements for the control
systems. You must record the initial performance test results and
include them in the Notification of Compliance Status.
If you use a capture system and add-on control device other than a
solvent recovery system for which you conduct liquid-liquid material
balances, you must verify that the efficiency of the capture system is
100 percent and determine the emissions reduction efficiency of the
control device. To verify the capture efficiency, you must either
verify the presence of a PTE using EPA Method 204 of 40 CFR part 51,
appendix M, or use one of the protocols in Sec. 63.3544 of the final
rule to measure capture efficiency. If you have a PTE, apply and dry
all the materials within the PTE and route all exhaust gases from the
enclosure to a control device, then you may assume 100 percent capture.
To determine the emissions reduction efficiency of the control
device, you must conduct measurements of the inlet and outlet gas
streams. The test must consist of three runs, each run lasting at least
1 hour, using the following EPA Methods in 40 CFR part 60, appendix A:
[sbull] Method 1 or 1A for selection of the sampling sites.
[sbull] Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas
volumetric flow rate.
[sbull] Method 3, 3A, or 3B for gas analysis to determine dry
molecular weight. You may also use as an alternative to Method 3B, the
manual method for measuring the oxygen, carbon dioxide, and carbon
monoxide content of exhaust gas in ANSI/ASME PTC 19.10-1981.
[sbull] Method 4 to determine stack moisture.
[sbull] Method 25 or 25A to determine organic volatile matter
concentration.
Alternatively, any other test method or data that have been validated
according to the applicable procedures in Method 301 of 40 CFR part 63,
appendix A, and approved by the Administrator could be used.
If you use a solvent recovery system, you may 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 are required to measure the amount of all materials
used in the affected source during each month of the initial compliance
period and determine the volatile matter contained in these materials.
You must also measure the amount of volatile matter recovered by the
solvent recovery system each month of the initial compliance period.
Then, you must compare the amount recovered to the amount used to
determine the overall control efficiency and apply this efficiency to
the ratio of organic HAP to coating solids for the materials used. You
must record the calculations and results and include them in your
Notification of Compliance Status.
Operating Limits. As mentioned above, you must establish operating
limits as part of the initial performance test of an emission capture
and control system. The operating limits are the values of certain
parameters measured for capture systems and control devices during the
most recent performance test that demonstrated compliance with the
emission limits. The final rule specifies the parameters to monitor for
the types of emission control systems commonly used in the industry.
Table 4 to the final rule summarizes the monitoring requirements for
each type of control device.
You are required to install, calibrate, maintain, and continuously
operate all monitoring equipment according to the manufacturer's
specifications and ensure that the CPMS meet the requirements in Sec.
63.3547 of the final rule. If you use control devices other than those
identified in the final rule, you must submit the operating parameters
to be monitored to the Administrator for approval. The authority to
approve the parameters to
[[Page 64439]]
be monitored is retained by EPA and is not delegated to States.
Work Practice Standards. If you use a capture system and control
device for compliance, you are required to develop and implement on an
ongoing basis a work practice plan for minimizing organic HAP emissions
from storage, mixing, material handling, and waste handling operations.
That plan must include a description of all steps taken to minimize
emissions from those sources (e.g., using closed storage containers,
implementing practices to minimize emissions during filling and
transfer of contents from containers, using spill minimization
techniques, etc.). You must make the plan available for inspection if
the Administrator requests to see it.
Operations during Startup, Shutdown, or Malfunction. You are
required to develop and operate your capture system and control device
according to an SSMP during periods of SSM of the capture system and
control device.
E. What Are the Continuous Compliance Provisions?
Emission Limits. Option 1: Compliance Based on the Compliant
Material Option. If you demonstrate compliance with the final emission
limits based on the compliant material option, you will demonstrate
continuous compliance if, for each 12-month compliance period, the
organic HAP content of each coating used does not exceed the applicable
emission limit and you use no thinner that contains organic HAP.
Option 2: Compliance Based on the Emission Rate without Add-on
Controls Option. If you demonstrate compliance with the final emission
limits based on the emission rate without add-on controls option, you
will demonstrate continuous compliance if, for each rolling 12-month
compliance period, the ratio of organic HAP in all coatings and
thinners in each coating type segment to coating solids in that coating
type segment is less than or equal to the applicable emission limit.
You follow the same procedures for calculating the organic HAP to
coating solids ratio that you used for the initial compliance period.
If you use an alternative calculated overall HAP emission limit for all
coating type segments within a subcategory, you use the same procedures
that you used for the initial compliance period. Whichever approach you
use must be used consistently throughout each 12-month compliance
period.
Option 3: Compliance Based on the Emission Rate with Add-on
Controls Option. For each coating operation on which you use a capture
system and control device other than a solvent recovery system for
which you conduct a liquid-liquid material balance, you must use the
continuous parameter monitoring results for the month in determining
the mass of organic HAP emissions. If the monitoring results indicate
no deviations from the operating limits and there were no bypasses of
the control device, you would assume the capture system and control
device are achieving the same percent emissions reduction efficiency as
they did during the most recent performance test in which compliance
was demonstrated. You would then apply that percent reduction to the
total mass of organic HAP in materials used in controlled coating
operations to determine the monthly emission rate from those
operations. If there were any deviations from the operating limits
during the month or any bypasses of the control device, you must
account for them in the calculation of the monthly emission rate by
assuming the capture system and control device were achieving zero
emissions reduction during the periods of deviation, unless you have
other data indicating the actual efficiency of the emission capture
system and add-on control device, and the use of these data is approved
by the Administrator. Then, you would determine the annual average
emission rate by calculating the ratio for the most recent 12-month
period.
For each coating operation on which you use a solvent recovery
system and conduct a liquid-liquid material balance each month, you
will use the liquid-liquid material balance to determine control
efficiency. To determine the overall control efficiency, you must
measure the amount of all materials used during each month and
determine the volatile matter content of these materials. You must also
measure the amount of volatile matter recovered by the solvent recovery
system during the month, calculate the overall control efficiency, and
apply it to the total mass of organic HAP in the materials used to
determine total organic HAP emissions. Then, you would determine the
annual average emission rate by taking the average of the monthly
ratios for the most recent 12-month period.
Operating Limits. If you use a capture system and control device,
the final rule requires you to achieve on a continuous basis the
operating limits you establish during the performance test. If the
continuous monitoring shows that the capture system and control device
are operating outside the range of values established during the
performance test, you have deviated from the established operating
limits.
If you operate a capture system and control device that allow
emissions to bypass the control device, you must monitor for potential
bypass of the control device to demonstrate that organic HAP emissions
from each emission point within the affected source are being routed to
the control device. You may choose from the following four monitoring
procedures:
[sbull] Flow control position indicator to provide a record of
whether the exhaust stream is directed to the control device.
[sbull] Car-seal or lock-and-key valve closures to secure the
bypass line valve in the closed position when the control device is
operating.
[sbull] Valve closure continuous monitoring to ensure that any
bypass line valve or damper is closed when the control device is
operating.
[sbull] Automatic shutdown system to stop the coating operation
when flow is diverted from the control device.
If the bypass monitoring procedures indicate that emissions are not
routed to the control device, you have deviated from your monitoring
plan.
Work Practice Standards. If you use an emission capture system and
control device for compliance, you are required to implement on an
ongoing basis the work practice plan you developed during the initial
compliance period. If you did not develop a plan for reducing organic
HAP emissions or you do not implement the plan, this would be a
deviation from the work practice standards.
Operations during Startup, Shutdown, or Malfunction. If you use a
capture system and control device for compliance, you are required to
develop and operate according to an SSMP during periods of SSM of the
capture system and control device.
Option 4: Compliance Based on the Control Efficiency/Outlet
Concentration Option. If you use a capture system and add-on control
device other than a solvent recovery system for which you conduct a
liquid-liquid material balance, your testing and continuous compliance
requirements are the same as those in option 3. For add-on control
systems, you are required to install control device parameter
monitoring equipment to be used to demonstrate compliance with the
operating requirements for add-on control systems in the final rule. If
you operate a CPMS, it has to collect data at least every 15 minutes,
and you must have at least three data points per hour to have a valid
hour of data. You must operate the CPMS at all times that the surface
coating operation and control systems
[[Page 64440]]
are operating. You also must conduct proper maintenance of the CPMS and
maintain an inventory of necessary parts for routine repairs of the
CPMS. Using the data collected with the CPMS, you must calculate and
record the average values of each operating parameter according to the
specified averaging times.
F. What Are the Notification, Recordkeeping, and Reporting
Requirements?
You are required to comply with the applicable requirements in the
NESHAP General Provisions, subpart A of 40 CFR part 63, as described in
the final rule. The General Provisions notification requirements
include initial notifications, notification of performance test if you
are complying using a capture system and control device, notification
of compliance status, and additional notifications required for
affected sources with continuous monitoring systems. The General
Provisions also require certain records and periodic reports.
Initial Notification. If the final standards apply to you as a new
or reconstructed affected source, you must send a notification to the
EPA Regional Office in the Region where your facility is located and to
your State agency within 120 days after the date of initial startup or
120 days after publication of the final rule, whichever is later.
Existing affected sources must send the Initial Notification within 1
year after publication of the final rule. The report notifies us and
your State agency that you have constructed a new facility,
reconstructed an existing facility, or have an existing facility that
is subject to the final rule. Thus, it allows you and the permitting
authority to plan for compliance activities. You also need to send a
notification of planned construction or reconstruction of a source that
would be subject to the final rule and apply for approval to construct
or reconstruct.
Notification of Performance Test. If you demonstrate compliance by
using a capture system and control device for which you do not conduct
a liquid-liquid material balance, you must conduct a performance test.
For a new or reconstructed affected source, the performance test must
take place no later than 180 days after initial startup or 180 days
after publication of the final rule, whichever is later. For an
existing source, you must conduct the performance test no later than
the compliance date. You must notify us (or the delegated State or
local agency) at least 60 calendar days before the performance test is
scheduled to begin, as indicated in the General Provisions for the
NESHAP.
Notification of Compliance Status. Your compliance procedures
depend on which compliance option you choose. For each compliance
option, you must send us a Notification of Compliance Status within 30
days of the end of the initial compliance period. In the notification,
you must certify whether the affected source has complied with the
final standards, identify the option(s) you used to demonstrate initial
compliance, summarize the data and calculations supporting the
compliance demonstration, and describe how you will determine
continuous compliance.
If you elect to comply by using a capture system and control device
for which you conduct performance tests, you must provide the results
of the tests. Your notification must also include the measured range of
each monitored parameter, the operating limits established during the
performance test, and information showing whether the affected source
complied with its operating limits during the initial compliance
period.
Recordkeeping Requirements. You are required to keep for 5 years
records of reported information and all other information necessary to
document compliance with the final rule. As required under the General
Provisions, records for the 2 most recent years must be kept onsite;
records for the other 3 years may be kept offsite. Records pertaining
to the design and operation of control and monitoring equipment must be
kept for the life of the equipment.
Depending on the compliance option that you choose, you must keep
records of the following:
[sbull] Organic HAP content, volatile matter content, coating
solids content, and quantity of the coatings and other materials
applied.
[sbull] All documentation supporting Initial Notifications and
Notifications of Compliance Status.
If you demonstrate compliance by using a capture system and control
device, you also need to keep records of the following:
[sbull] The occurrence and duration of each SSM of the emission
capture system and control device.
[sbull] All maintenance performed on the capture system and control
device.
[sbull] Actions taken during SSM that are different from the
procedures specified in the affected source's SSMP.
[sbull] All information necessary to demonstrate conformance with
the affected source's SSMP when the plan procedures are followed.
[sbull] All information necessary to demonstrate conformance with
the affected source's plan for minimizing emissions from mixing,
storage, and waste handling operations.
[sbull] Each period during which a CPMS is malfunctioning or
inoperative (including out-of-control periods).
[sbull] All required measurements needed to demonstrate compliance
with the standards.
[sbull] All results of performance tests.
The final rule requires you to collect and keep records according
to your monitoring plan. Failure to collect and keep the specified
minimum data is a deviation that is separate from deviations from
emission limits, operating limits, or work practice standards.
Deviations, as determined from those records, must be recorded and
also reported. A deviation is any instance when any requirement or
obligation established by the final rule including, but not limited to,
the emission limits, operating limits, and work practice standards, is
not met.
If you use a capture system and control device to reduce organic
HAP emissions, you must make your SSMP available for inspection if the
Administrator requests to see it. The plan must stay in your records
for the life of the affected source or until the affected source is no
longer subject to the final standards. If you revise the plan, you need
to keep the previous superceded versions on record for 5 years
following the revision.
Periodic Reports. Each year is divided into two semiannual
reporting periods. If no deviations occur during a semiannual reporting
period, you must submit a semiannual report stating that the affected
source has been in continuous compliance. If deviations occur, you must
include them in the report as follows:
[sbull] Report each deviation from the emission limit.
[sbull] If you use an emission capture system and control device,
report each deviation from the work practice standards.
[sbull] If you use an emission capture system and control device,
report each deviation from an operating limit and report each time a
bypass line diverts emissions from the control device to the
atmosphere.
[sbull] Report other specific information on the periods of time
and details of deviations that occurred.
You must also include an explanation in each semiannual report if a
change occurs that might affect the compliance status of the affected
source or if you
[[Page 64441]]
change to another option for meeting the applicable emission limit.
Other Reports. You are required to submit reports for periods of
SSM of the capture system and control device. If the procedures you
follow during any SSM are inconsistent with your plan, you must report
those procedures in immediate reports required by the General
Provisions in Sec. 63.10(d)(5)(ii) and in your semiannual reports.
III. What Are the Significant Comments and Changes Since Proposal?
Refer to the BID (``National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Metal Cans Background Information for
Final Standards--Summary of Public Comments and Responses,'' August
2003, EPA-453/R-03-009), for EPA's responses to each public comment;
available in Docket No. OAR-2003-0005 (formerly Docket No. A-98-41).
A. End Coatings--Repair Spray Coatings
Comment: Two commenters stated that post-coat repair spray for
easy-open ends was not covered by the proposed rule. The commenters
stated that the proper classification of repair spray under the
proposed NESHAP could be complicated by the various ways in which it is
regulated under current State standards for reducing volatile organic
compounds. The commenters recommended that EPA establish a specific
emission limit for this type of coating, which has the potential for
more use in the future because of increasing customer demand for easy-
open ends.
Response: Using the coatings data and information provided by the
commenters, we have added a separate emission limit for repair spray
coatings under the end coating subcategory (formerly called end lining)
in the final rule. As indicated by the name, repair spray coatings are
used to cover breaks in the coating that are caused during the
formation of the score in easy-open ends or to provide, after the
manufacturing process, an additional protective layer for corrosion
resistance. The emission limit in the final rule for repair spray
coatings is 2.06 kilograms (kg) HAP/liter solids (17.17 lb HAP/gal
solids) for existing affected sources and 0.64 kg HAP/liter solids
(5.34 lb HAP/gal solids) for new affected sources. We also included a
definition for ``repair spray'' in the definitions section of the final
rule.
B. Affected Source Clarification
Comment: Some commenters expressed confusion regarding how we
defined ``affected source'' and ``new affected source'' in the proposed
rule.
Response: In Sec. 63.3482(b) of the final rule, an affected source
is defined as the collection of all coating operations used for surface
coating of metal cans or ends (including decorative tins) or metal
crowns or closures. Section 63.3482(c) also states that an affected
source is a new affected source if you commenced its construction after
January 15, 2003 (proposal date) and the construction is of a
completely new metal can surface coating source where previously no
metal can surface coating source had existed. Based on the definition
of ``reconstruction,'' adding capacity to an existing source with a new
coating line would not trigger reconstruction, but replacing an old
line with a new line could trigger reconstruction if the cost criteria
for replacing equipment are met (meeting or exceeding the cost criteria
is more likely for smaller sources). The General Provisions define
``reconstruction'' in terms of a ``comparable new source.'' If the
existing facility has multiple coating lines as part of its affected
source, it is unlikely that adding a single coating line to replace an
old one would cost more than 50 percent of the fixed capital cost that
would be required to construct a comparable new source.
We have also clarified that the final rule applies to affected
sources that use at least 5,700 liters (1,500 gal) of coatings per
year. This means that the coating usage limit applies to the entire
source rather than to each subcategory.
C. Monitoring, Recordkeeping, and Reporting Costs
Comment: The main industry trade association disagreed with the
estimated costs of the proposed rule. The association estimated that
the initial years 1 to 3 industrywide monitoring, recordkeeping, and
reporting (MRR) compliance costs would total $7,068,854, which is
$5,431,678 more than the EPA estimate. Also, it estimated that the
average annualized industrywide MRR costs per year for year 4 and
beyond would be $10,674,080, which is $3,190,207 per year more than
EPA's estimate.
Response: We have changed the information collection request (ICR)
cost estimates for each facility to include recalculated estimates for
the amount of time associated with reading, interpreting, and
summarizing regulations; rereading the regulation on a continuing basis
as questions of interpretation arise during the time facilities are
planning and preparing for compliance; securing outside legal and
consultant services related to regulatory review and interpretation;
and covering recurrent labor costs for reviewing the regulation.
We have increased the cost estimates for computer equipment and
software to include upgrades for larger facilities, as well as initial
computer purchases for smaller facilities. The initial estimates
included a cost of $2,000 for the initial purchase for smaller
facilities. The final rule includes a cost of computer equipment and
software of $3,500 (per facility) for all facilities.
We have adjusted our monitoring equipment costs for add-on control
devices to include installation costs, equipment costs for PTE, and
costs for monitoring software. We have updated our monitoring cost
estimates to include a total of $19,500 per facility instead of $4,000
per facility.
We have included regenerative thermal oxidizer (RTO) operation and
maintenance costs because they were inadvertently excluded from the
previous calculations. Assuming that operating time will require 30
minutes per shift and equipment maintenance will require 1 hour per
week, the overall RTO capital equipment costs increase by $1.38
million.
The cost estimate as proposed used 1999 labor rates, and the
current analysis uses 2001 labor rates for the metal can industry. The
costs for labor requirements, computer equipment, monitoring equipment
for add-on control devices, installation for the monitoring equipment,
and operation and maintenance of recordkeeping and reporting are
$6,823,709 for years 1 through 3 and $8,367,800 per year for year 4 and
beyond.
D. Performance Test Costs
Comment: One commenter stated that the costs of performance tests
were not properly accounted for in the ICR because EPA assumed the
costs for performance testing would be amortized over 5 years. The
commenter stated the costs of performance tests are more likely to be,
on average, $25,000 per facility which would result in a total industry
cost of $3,050,000, incurred and expended in year 3, compared with
EPA's annualized cost estimate for performance tests of $1,147,000.
Response: We estimated the initial cost of performance testing on a
control device basis. Therefore, a typical metal can surface coating
facility would incur costs of $38,400 ($19,200 x 2) because there are
an average of two control devices per facility in the database. Our
estimated costs remain valid. However, we agree with the commenter that
the initial performance testing is most likely to be conducted in the
third year after
[[Page 64442]]
promulgation to ensure compliance with the final rule requirements, and
we adjusted the appropriate cost estimated in the ICR to reflect this.
E. Calculation of Organic HAP Emission Reduction
As part of a compliance demonstration, an owner or operator of an
affected source has to calculate the organic HAP emission reduction for
operations with add-on capture and control systems. The equation used
to calculate the emission reduction achieved with such systems in the
proposed rule decreased the overall control efficiency to account for
time periods when there were deviations. Using time periods alone to
account for periods of deviations assumes essentially steady-state
operations over the compliance period, with little variation in the
quantity of coating materials used or their HAP content. While steady-
state conditions may occur at some operations, others may use different
quantities of coating materials or materials with different HAP
content. To allow flexibility for operations that could vary over time,
we have revised the equation to determine overall control efficiency.
The terms associated with the total time period of deviations
(Tdev) and coating operations (Top) that were in
the proposed Equation 1 do not appear in Equation 1 of Sec. 63.3541 of
the final rule. Instead, Equation 1 of the final rule includes a term
Hunc to represent the total mass (kg) of organic HAP in the
coatings, thinners, and cleaning materials used during periods of
deviations. In addition, the final rule allows a source to demonstrate
that some level of control efficiency may be achieved during periods of
deviations (i.e., the efficiency of emission reduction is not
necessarily zero during malfunctions) by showing sufficient supporting
information. Two additional equations related to Equation 1 have been
included to calculate total mass of organic HAP in cleaning materials
and total mass of organic HAP used during periods of deviations.
IV. Summary of Environmental, Energy, and Economic Impacts
The final rule will affect 142 existing major source metal can
surface coating facilities. The impacts are presented relative to a
baseline reflecting the level of control prior to the final rule.
Because of consolidation in the metal can surface coating industry, we
do not expect there to be any net growth within the industry in the
next 5 years. Therefore, the estimate of the impacts of the final rule
is presented for existing facilities only. For a facility that would
already be in compliance with the emission limits in the final rule,
only MRR cost impacts were estimated. For more information on how
impacts were estimated, see the BID for the final rule (EPA-453/R-03-
009).
A. What Are the Air Impacts?
We estimated that compliance with the emission limits in the final
rule will reduce nationwide organic HAP emissions from existing major
affected sources by approximately 6,160 Mg/yr (6,800 tpy). That
represents a reduction of 70 percent from the baseline organic HAP
emissions of 8,700 Mg/yr (9,600 tpy). Table 5 of this preamble gives a
summary of the primary air impacts for major coating segment groupings
associated with implementation of the final rule.
Table 5.--Summary of Primary Air Impacts by Subcategory or Coating Segment for Existing Sources
----------------------------------------------------------------------------------------------------------------
Emissions before Emissions after Emissions reduction, Percent
Subcategory or coating segment NESHAP, Mg/yr (tpy) NESHAP, Mg/yr (tpy) Mg/yr (tpy) reduction
----------------------------------------------------------------------------------------------------------------
Two-piece D&I beverage can body 4,468 (4,922)....... 1,644 (1,811)....... 2,824 (3,111)....... 63
coating.
Two-piece D&I food can body 765 (843)........... 139 (153)........... 626 (690)........... 82
coating.
One-piece D&I aerosol can body 16 (18)............. 16 (18)............. 0 (0)............... 0
coating.
Sheetcoating...................... 2,289 (2,522)....... 404 (445)........... 1,885 (2,077)....... 82
Three-piece food can assembly 370 (408)........... 285 (314)........... 85 (94)............. 23
coating.
Three-piece nonfood can assembly 45 (50)............. 38 (42)............. 6 (7)............... 14
coating.
End coating....................... 763 (841)........... 34 (38)............. 729 (803)........... 95
-----------------------
Total....................... 8,718 (9,603)....... 2,560 (2,820)....... 6,158 (6,783)....... 70
----------------------------------------------------------------------------------------------------------------
B. What Are the Cost Impacts?
Cost impacts include the costs of recordkeeping and reporting,
capital equipment costs, performance testing costs, monitoring
equipment costs, and material costs as facilities comply with the final
rule. Recordkeeping and reporting include all labor hours related to
the tracking of coating usage, the cost of purchasing computer
equipment, the labor hours required to write and submit reports, and
the labor hours required to train personnel. Capital equipment costs
for the facilities that choose to use capture equipment and add-on
control devices to comply with the final rule include costs for the
purchase, installation, and operation of the equipment. Performance
testing costs for the facilities that choose to use add-on control
devices to comply with the final standards include the labor hours
required for a contractor to conduct performance testing on each
control device used, and to develop the associated reports for
recordkeeping and reporting purposes. Monitoring equipment costs
include the purchase of thermocouples, pressure sensors, and data
loggers and the installation of equipment.
Material costs include the cost of switching to low- or no-HAP
coatings. For facilities that choose to use low- or no-HAP coatings to
comply with the final standards, coatings with lower-HAP content are
assumed to be more expensive than coatings with higher-HAP content.
According to information received from industry, we assumed the
incremental cost increase to be $2.00 per gal for inside sprays and
$5.00 per gal for side seam stripes, which are used in three-piece food
can assembly and three-piece nonfood can assembly subcategories; and
$2.00 per gal for nonaseptic end seal compounds, which are used in the
end coating subcategory. These incremental costs are the estimated
additional costs that each
[[Page 64443]]
facility would incur, rather than the total material investment.
We estimate the total annualized costs for compliance with the
final rule to be $58.7 million. Those estimates include $8.4 million
for MRR requirements, $4.1 million for coating material costs, and
$46.2 million for capital equipment.
C. What Are the Economic Impacts?
We prepared an economic impact analysis (EIA) to provide an
estimate of the facility and market impacts of the final rule, as well
as the social costs. The goal of the EIA was to estimate the market
response of the metal can coating and production facilities to the
final rule and to determine the economic impacts. Compliance costs are
associated with chemical substitution during the coating process, the
installation of pollution control equipment, and recordkeeping and
reporting activities. We estimate the total annualized compliance costs
to be $58.7 million per year divided across 142 major source facilities
(owned by 30 companies).
In terms of industry impacts, metal can producers could experience
a total projected decrease of $16.4 million in pretax earnings, which
reflects the compliance costs associated with the production of metal
cans and the resulting reductions in revenues due to the increase in
the prices of the directly affected product markets and reduced
quantities purchased. Through the market impacts described above, the
final rule is expected to create both gainers and losers within the
metal can industry. Approximately one-third of the modeled facilities
may experience an increase in pretax earnings as a result of price
increases that exceed their compliance costs per unit. In contrast, the
remaining two-thirds of metal can facilities may experience losses in
pretax earnings. In addition, the EIA indicates that none of the
facilities within the metal can market are at risk of closure because
of the final rule. We project overall employment to decrease by 242
employees, or 1.0 percent, as a result of the final rule.
Based on the market analysis, we project the total social cost of
the final rule to be $55.7 million. The estimated social costs differ
slightly from the projected engineering costs because social costs
account for producer and consumer behavior. Consumers are projected to
bear $34.6 million or 60 percent of the total social costs of the final
rule. Producers could bear $21.6 million, or 40 percent of the total
social costs. For more information, consult the EIA report supporting
the final rule.
D. What Are the Non-Air Health, Environmental, and Energy Impacts?
Based on information from the industry survey responses, we found
no indication that the use of low- or no-organic-HAP content coatings
and thinners at existing sources would result in any increase or
decrease in non-air health, environmental, and energy impacts. There
will be no change in utility requirements associated with the use of
these materials, so there will be no change in the amount of energy
consumed as a result of the material conversion. Also, there will be no
significant change in the amount of materials used or the amount of
waste produced.
Many facilities in the draw and iron (D&I) can body coating and
sheetcoating subcategories currently use add-on emission control
devices to meet existing requirements; consequently, we anticipate that
facilities in those subcategories will use add-on controls to comply
with the final rule. Secondary air and energy impacts will result from
fuel combustion needed to operate these control devices, which are
expected to be RTO.
The RTO require electricity and the combustion of natural gas to
operate and maintain operating temperatures. The electricity costs of
using RTO are included in the capital expenditures. By-products of fuel
combustion required to generate electricity and maintain RTO operating
temperature include emission of carbon monoxide, nitrogen oxides,
sulfur dioxide, and particulate matter less than 10 microns in
diameter. Assuming the electricity required for RTO operation is
generated at coal-fired plants built since 1978 and using air pollution
emissions factors, we estimate that generation of electricity required
to operate RTO at all affected D&I can body coating and sheetcoating
facilities will result in increases in the following air pollutants:
carbon monoxide, 35 tpy; nitrogen oxides, 156 tpy; sulfur dioxide, 775
tpy; and particulate matter, 70 tpy.
Energy impacts include the consumption of electricity and natural
gas needed to operate RTO. We estimate that electricity consumption
from the operation of RTO at all D&I can body coating and sheetcoating
facilities will increase by 34,500,000 kilowatt hours per year, and
fuel energy consumption resulting from burning natural gas will
increase by 672,300 million British thermal units per year. We estimate
that no significant secondary water or solid waste impacts will result
from the operation of emission control devices.
E. Potential Changes to the Impacts
The outcome of two delisting petitions that have been submitted to
EPA could significantly affect the estimated impacts of the final rule.
These petitions are the petition to delist EGBE from the HAP list and
the petition to delist the two-piece beverage can segment from the
source category list. Both petitions are being reviewed by EPA. If
granted, the delisting of either EGBE or the two-piece beverage can
segment could significantly decrease the number of sources affected by
the final rule and could affect the final emission limits. Thus, the
estimated impacts could change. Once decisions on the petitions are
made, we will expeditiously determine whether changes to the final rule
are warranted. If changes are appropriate, EPA will take prompt action
to issue such changes and to ensure that facilities do not incur
unnecessary compliance expenses. The EPA will also work with affected
facilities to ensure that they are not subject to inappropriate
sanctions.
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), EPA
must determine whether the regulatory action is ``significant'' and,
therefore subject to Office of Management and Budget (OMB) review and
the requirements of the Executive Order. The Executive Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligation of recipients
thereof; or
(4) raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
It has been determined that the final rule is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is,
therefore, not subject to OMB review.
[[Page 64444]]
B. Paperwork Reduction Act
The information collection requirements in the final rule have been
submitted for approval to OMB under the Paperwork Reduction Act, 44
U.S.C. 3501, et seq. The information collection requirements are not
enforceable until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A) which are mandatory for all
operators subject to national emission standards. Those recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to EPA pursuant
to the recordkeeping and reporting requirements for which a claim of
confidentiality is made is safeguarded according to EPA policies set
forth in 40 CFR part 2, subpart B.
The final rule requires maintaining records of all coating and
thinning materials data and calculations used to determine compliance.
This information includes the amount (kg) used during each 12-month
compliance period, mass fraction organic HAP, and, for coating
materials only, mass fraction of solids.
If an add-on control device is used, records must be kept of the
capture efficiency of the capture system, destruction or removal
efficiency of the add-on control device, and the monitored operating
parameters. In addition, records must be kept of each calculation of
the affected sourcewide emissions for each monthly and rolling 12-month
compliance period and all data, calculations, test results, and other
supporting information used to determine this value. The recordkeeping
requirements are only for the specific information needed to determine
compliance.
The MRR burden for this collection (averaged over the first 3 years
after the effective date of the promulgated rule) is estimated to be
approximately 7,815 labor hours per year at a total annual cost of
$2.27 million. That estimate includes reviewing the regulation,
conducting a one-time performance test (with repeat tests where
needed), and submitting the report(s); one-time submission of a SSMP
with semiannual reports for any event when the procedures in the plan
were not followed; semiannual compliance status reports; and
recordkeeping.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
rules are listed in 40 CFR part 9. When this ICR is approved by OMB,
the EPA will publish a technical amendment to 40 CFR part 9 in the
Federal Register to display the OMB control number for the approved
information collection requirements contained in the final rule.
C. Regulatory Flexibility Act
The EPA has determined that it is not necessary to prepare a
regulatory flexibility analysis in connection with the final rule. The
EPA has also determined that the final rule will not have a significant
economic impact on a substantial number of small entities. For the
purposes of assessing the impacts of today's final rule on small
entities, small entity is defined as: (1) A small business according to
the Small Business Administration (SBA) size standards by NAICS code
ranging from 500 to 1,000 employees; (2) a small governmental
jurisdiction that is a government of a city, county, town, school
district or special district with a population of less than 50,000; and
(3) a small organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impact of today's final rule on
small entities, EPA has concluded that the final rule will not have a
significant economic impact on a substantial number of small entities.
Based on SBA NAICS-based size definitions and reported sales and
employment data, we identified 13 small business, or 43.3 percent of
the metal can companies. Small businesses are expected to incur 2
percent of the total industry annualized compliance costs of $58.7
million. We estimate that 10 of the 13 small businesses may experience
an impact below 1 percent of total company sales, two small firms may
experience impacts between 1 and 3 percent, and one firm may experience
an impact above 3 percent of sales. For more information, consult the
EIA report entitled ``Economic Impact Analysis for the Final Metal Can
NESHAP'' in Docket No. OAR-2003-0005 (formerly Docket No. A-98-41).
Although the final rule will not have a significant economic impact
on a substantial number of small entities, EPA nonetheless has tried to
reduce the impact of the final rule on small entities. Small entities
will be afforded extensive flexibility in demonstrating compliance
through pollution prevention rather than the use of add-on control
technology. We included compliance options that give small entities
flexibility in choosing the most cost effective and least burdensome
alternative for their operation. For example, a facility could purchase
and use low-HAP coatings and other materials (i.e., pollution
prevention) that meet the final standards instead of using add-on
capture and control systems. This method of compliance can be
demonstrated with minimum burden by using purchase and usage records.
No testing of materials would be required as facility owners could show
that their coatings and other materials meet the emission limits by
providing formulation data supplied by the manufacturer.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under Section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
aggregate, or to the private sector, of $100 million or more in any 1
year. Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final
[[Page 64445]]
rule an explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
The EPA has determined that the final rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annualized cost of the
final rule for any year has been estimated to be less than $58.7
million. Thus, today's final rule is not subject to the requirements of
sections 202 and 205 of the UMRA. In addition, the EPA has determined
that the final rule contains no regulatory requirements that might
significantly or uniquely affect small governments because it contains
no requirements that apply to such governments or impose obligations
upon them. Therefore, today's final rule is not subject to the
requirements of section 203 of UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132 (64 FR 43255, August 10, 1999) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have federalism implications.'' ``Policies that have
federalism implications'' is defined in the Executive Order to include
rules that have ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.''
The final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. The final rule does not have a
significant Federal intergovernmental mandate within the meaning of
section 202 of UMRA, and it will not result in costs to small
governments that are equal to, or greater than, 1 percent of revenue.
Thus, Executive Order 13132 does not apply to the final rule.
In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicited comments on the proposed rule
from State and local officials. A summary of the comments received from
two State agencies and EPA's responses to those comments is provided in
sections 2.1, 2.5, 2.6, 2.7, and 2.10 of the promulgation BID (EPA-453/
R-03-009).
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175 (65 FR 67249, November 9, 2000) requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' The final rule does not have tribal
implications, as specified in Executive Order 13175. No tribal
governments own or operate metal can surface coating operations. Thus,
Executive Order 13175 does not apply to the final rule.
G. Executive Order 13045: Protection of Children from Environmental
Health & Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the Agency.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. The final rule is not
subject to Executive Order 13045 because it is not economically
significant, and it is based on technology performance and not on
health or safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
The final rule is not subject to Executive Order 13211 (66 FR
28355, May 22, 2001) because it is not a significant regulatory action
under Executive Order 12866.
I. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (NTTAA) of
1995 (Public Law No. 104-113, Sec. 12(d) (15 U.S.C. 272 note) directs
the EPA to use voluntary consensus standards (VCS) in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. The VCS are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by VCS bodies. The NTTAA
directs EPA to provide Congress, through OMB, explanations when the
Agency decides not to use available and applicable VCS.
The final rule includes the following standards: EPA Methods 1, 1A,
2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A through F,
and 311. Consistent with the NTTAA, EPA conducted searches to identify
VCS in addition to these EPA methods/performance specifications. No
applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204,
204A through 204F, and 311. The search and review results have been
documented and are placed in the docket (Docket No. OAR-2003-0005,
formerly Docket No. A-98-41) of the final rule.
Three VCS described below were identified as acceptable
alternatives to EPA test methods for the purposes of the final rule.
The VCS ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses
[Part 10, Instruments and Apparatus],'' is cited in the final rule for
its manual method for measuring the oxygen, carbon dioxide, and carbon
monoxide content of exhaust gas. That part of ANSI/ASME PTC 19.10-1981,
Part 10, is an acceptable alternative to Method 3B.
The two VCS, ASTM D2697-86 (Reapproved 1998), ``Standard Test
Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings,''
and ASTM D6093-97, ``Standard Test Method for Percent Volume
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas
Pycnometer,'' are cited in the final rule as acceptable alternatives to
EPA Method 24 to determine the volume fraction of
[[Page 64446]]
coating solids. Currently, EPA Method 24 does not have a procedure for
determining the volume of solids in coatings. Those VCS augment the
procedures in Method 24, which currently states that volume solids
content be calculated from the coating manufacturer's formulation.
Six VCS: ASTM D1475-90, ASTM D2369-95, ASTM D3792-91, ASTM D4017-
96a, ASTM D4457-85 (Reapproved 91), and ASTM D5403-93 are already
incorporated by reference (IBR) in EPA Method 24. Five VCS: ASTM D1979-
91, ASTM D3432-89, ASTM D4747-87, ASTM D4827-93, and ASTM PS9-94 are
IBR in EPA Method 311.
In addition to the VCS the EPA uses in the final rule, the search
for emissions measurement procedures identified 14 other VCS. The EPA
determined that 11 of the 14 VCS identified for measuring emissions of
the HAP or surrogates subject to emission standards in the final rule
were impractical alternatives to EPA test methods for the purposes of
the final rule. Therefore, EPA does not intend to adopt those VCS for
that purpose. (See Docket No. OAR-2003-0005, formerly Docket No. A-98-
41, for further information on the methods.)
Three of the 14 VCS identified in the search were not available at
the time the review was conducted for the purposes of the final rule
because they are under development by a VCS body: ASME/BSR MFC 13M,
``Flow Measurement by Velocity Traverse,'' for EPA Method 2 (and
possibly 1); ASME/BSR MFC 12M, ``Flow in Closed Conduits Using
Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2; and
ISO/CD 17895, ``Paints and Varnishes--Determination of the Volatile
Organic Compound Content of Water-based Emulsion Paints,'' for EPA
Method 24.
Listed in Sec. Sec. 63.3521, 63.3531, 63.3541, 63.3543, 63.3544,
63.3545, 63.3551, 63.3553, 63.3554, and 63.3555 of the final rule are
the EPA testing methods. Under 40 CFR 63.7(f) and 63.8(f) of subpart A
of the General Provisions, a source may apply to EPA for permission to
use alternative test methods or alternative monitoring requirements in
place of any of the EPA testing methods, performance specifications, or
procedures.
J. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
the final rule and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the final rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. Sec. 804(2). The final rule will be effective
November 13, 2003.
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Dated: August 14, 2003.
Marianne Lamont Horinko,
Acting Administrator.
0
For the reasons stated in the preamble, title 40, chapter I, part 63 of
the Code of Federal Regulations is amended as follows:
PART 63--[AMENDED]
0
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
0
2. Section 63.14 is amended by revising paragraphs (b)(24) and (25) and
(i)(3) to read as follows:
Sec. 63.14 Incorporations by reference.
* * * * *
(b) * * *
(24) ASTM D2697-86 (Reapproved 1998), ``Standard Test Method for
Volume Nonvolatile Matter in Clear or Pigmented Coatings,'' IBR
approved for Sec. Sec. 63.3521(b)(1), 63.4141(b)(1), 63.4741(b)(1),
63.4941(b)(1), and 63.5160(c).
(25) ASTM D6093-97, ``Standard Test Method for Percent Volume
Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas
Pycnometer,'' IBR approved for Sec. Sec. 63.3521(b)(1), 63.4141(b)(1),
63.4741(b)(1), 63.4941(b)(1), and 63.5160(c).
* * * * *
(i) * * *
(3) ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas Analyses [Part
10, Instruments and Apparatus],'' IBR approved for Sec. Sec.
63.865(b), 63.3360(e)(1)(iii), 63.3545(a)(3), 63.3555(a)(3),
63.4166(a)(3), 63.4362(a)(3), 63.4766(a)(3), 63.4965(a)(3),
63.5160(d)(1)(iii), 63.9307(c)(2), and 69.9323(a)(3).
* * * * *
0
3. Part 63 is amended by adding subpart KKKK to read as follows:
Subpart KKKK--National Emission Standards for Hazardous Air Pollutants:
Surface Coating of Metal Cans
What This Subpart Covers
Sec.
63.3480 What is the purpose of this subpart?
63.3481 Am I subject to this subpart?
63.3482 What parts of my plant does this subpart cover?
63.3483 When do I have to comply with this subpart?
Emission Limitations
63.3490 What emission limits must I meet?
63.3491 What are my options for meeting the emission limits?
63.3492 What operating limits must I meet?
63.3493 What work practice standards must I meet?
General Compliance Requirements
63.3500 What are my general requirements for complying with this
subpart?
63.3501 What parts of the General Provisions apply to me?
Notifications, Reports, and Records
63.3510 What notifications must I submit?
63.3511 What reports must I submit?
63.3512 What records must I keep?
63.3513 In what form and for how long must I keep my records?
Compliance Requirements for the Compliant Material Option
63.3520 By what date must I conduct the initial compliance
demonstration?
63.3521 How do I demonstrate initial compliance with the emission
limitations?
63.3522 How do I demonstrate continuous compliance with the emission
limitations?
Compliance Requirements for the Emission Rate Without Add-On Controls
Option
63.3530 By what date must I conduct the initial compliance
demonstration?
63.3531 How do I demonstrate initial compliance with the emission
limitations?
63.3532 How do I demonstrate continuous compliance with the emission
limitations?
Compliance Requirements for the Emission Rate With Add-On Controls
Option
63.3540 By what date must I conduct performance tests and other
initial compliance demonstrations?
63.3541 How do I demonstrate initial compliance?
63.3542 How do I demonstrate continuous compliance with the emission
limitations?
63.3543 What are the general requirements for performance tests?
63.3544 How do I determine the emission capture system efficiency?
[[Page 64447]]
63.3545 How do I determine the add-on control device emission
destruction or removal efficiency?
63.3546 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
63.3547 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?
Compliance Requirements for the Control Efficiency/Outlet Concentration
Option
63.3550 By what date must I conduct performance tests and other
initial compliance demonstrations?
63.3551 How do I demonstrate initial compliance?
63.3552 How do I demonstrate continuous compliance with the emission
limitations?
63.3553 What are the general requirements for performance tests?
63.3554 How do I determine the emission capture system efficiency?
63.3555 How do I determine the outlet THC emissions and add-on
control device emission destruction or removal efficiency?
63.3556 How do I establish the emission capture system and add-on
control device operating limits during the performance test?
63.3557 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?
Other Requirements and Information
63.3560 Who implements and enforces this subpart?
63.3561 What definitions apply to this subpart?
Tables to Subpart KKKK of Part 63
Table 1 to Subpart KKKK of Part 63--Emission Limits for New or
Reconstructed Affected Sources
Table 2 to Subpart KKKK of Part 63-- Emission Limits for Existing
Affected Sources
Table 3 to Subpart KKKK of Part 63-- Emission Limits for Affected
Sources Using the Control Efficiency/Outlet Concentration Compliance
Option
Table 4 to Subpart KKKK of Part 63-- Operating Limits if Using the
Emission Rate with Add-on Controls Option or the Control Efficiency/
Outlet Concentration Compliance Option
Table 5 to Subpart KKKK of Part 63-- Applicability of General
Provisions to Subpart KKKK
Table 6 to Subpart KKKK of Part 63-- Default Organic HAP Mass
Fraction for Solvents and Solvent Blends
Table 7 to Subpart KKKK of Part 63-- Default Organic HAP Mass
Fraction for Petroleum Solvent Groups
Subpart KKKK--National Emission Standards for Hazardous Air
Pollutants: Surface Coating of Metal Cans
What This Subpart Covers
Sec. 63.3480 What is the purpose of this subpart?
This subpart establishes national emission standards for hazardous
air pollutants (NESHAP) for metal can surface coating facilities. This
subpart also establishes requirements to demonstrate initial and
continuous compliance with the emission limitations.
Sec. 63.3481 Am I subject to this subpart?
(a) Except as provided in paragraph (c) of this section, the source
category to which this subpart applies is surface coating of metal cans
and ends (including decorative tins) and metal crowns and closures. It
includes the subcategories listed in paragraphs (a)(1) through (4) of
this section. Surface coating is the application of coatings to a
substrate using, for example, spray guns or dip tanks.
(1) One- and two-piece draw and iron can body coating. The one- and
two-piece draw and iron can body coating subcategory includes all
coating processes involved in the manufacture of can bodies by the draw
and iron process. This subcategory includes three distinct coating type
segments reflecting the coatings appropriate for cans with different
end uses. Those are two-piece beverage can body coatings, two-piece
food can body coatings, and one-piece aerosol can body coatings.
(2) Sheetcoating. The sheetcoating subcategory includes all of the
flat metal sheetcoating operations associated with the manufacture of
three-piece cans, decorative tins, crowns, and closures.
(3) Three-piece can body assembly coating. The three-piece can body
assembly coating subcategory includes all of the coating processes
involved in the assembly of three-piece metal can bodies. The
subcategory includes five distinct coating type segments reflecting the
coatings appropriate for cans with different end uses. Those are inside
spray on food cans, aseptic side seam stripes on food cans, nonaseptic
side seam stripes on food cans, side seam stripes on general line
nonfood cans, and side seam stripes on aerosol nonfood cans.
(4) End coating. The end coating subcategory includes the
application of end seal compounds and repair spray coatings to metal
can ends. This subcategory includes three distinct coating type
segments reflecting the end seal compounds and repair sprays
appropriate for can ends with different end uses. Those are aseptic end
seal compounds, nonaseptic end seal compounds, and repair spray
coatings.
(b) You are subject to this subpart if you own or operate a new,
reconstructed, or existing affected source, as defined in Sec.
63.3482, that uses 5,700 liters (1,500 gallons (gal)) per year, or
more, of coatings in the source category defined in paragraph (a) of
this section and that is a major source, is located at a major source,
or is part of a major source of emissions of hazardous air pollutants
(HAP). A major source of HAP emissions is any stationary source or
group of stationary sources located within a contiguous area and under
common control that emits or has the potential to emit any single HAP
at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any
combination of HAP at a rate of 22.68 Mg (25 tons) or more per year.
(c) This subpart does not apply to surface coating that meets the
criteria of paragraphs (c)(1) through (5) of this section.
(1) Surface coating conducted at a source that uses only coatings,
thinners, and cleaning materials that contain no organic HAP, as
determined according to Sec. 63.3521(a).
(2) Surface coating subject to any other NESHAP in this part as of
November 13, 2003.
(3) Surface coating and cleaning activities that use research or
laboratory equipment or that are part of janitorial, building, and
facility maintenance operations.
(4) Surface coating of continuous metal coil that may subsequently
be used in manufacturing cans. Subpart SSSS of this part covers surface
coating performed on a continuous metal coil substrate.
(5) Surface coating of metal pails, buckets, and drums. Future
subpart MMMM of this part will cover surface coating of all
miscellaneous metal parts and products not explicitly covered by
another subpart.
63.3482 What parts of my plant does this subpart cover?
(a) This subpart applies to each new, reconstructed, and existing
affected source.
(b) The affected source is the collection of all of the items
listed in paragraphs (b)(1) through (4) of this section that are used
for surface coating of metal cans and ends (including decorative tins),
or metal crowns or closures:
(1) All coating operations as defined in Sec. 63.3561;
[[Page 64448]]
(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 January 15, 2003 by installing new coating
equipment. New coating equipment is equipment used to perform metal can
surface coating at a facility where no metal can surface coating was
previously performed and the construction is of a completely new metal
can surface coating source where previously no metal can surface
coating source 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. 63.3483 When do I have to comply with this subpart?
The date by which you must comply with this subpart is called the
compliance date. The compliance date for each type of affected source
is specified in paragraphs (a) through (c) of this section. The
compliance date begins the initial compliance period during which you
conduct the initial compliance demonstration described in Sec. Sec.
63.3520, 63.3530, 63.3540, and 63.3550.
(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 November 13, 2003, the compliance date is November 13,
2003.
(2) If the initial startup of your new or reconstructed affected
source occurs after November 13, 2003, the compliance date is the date
of initial startup of your affected source.
(b) For an existing affected source, the compliance date is
November 13, 2006.
(c) For an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP emissions,
the compliance date is specified in paragraphs (c)(1) and (2) of this
section.
(1) For any portion of the source that becomes a new or
reconstructed affected source subject to this subpart, the compliance
date is the date of initial startup of the affected source or November
13, 2003 whichever is later.
(2) For any portion of the source that becomes an existing affected
source subject to this subpart, the compliance date is the date 1 year
after the area source becomes a major source or November 13, 2006,
whichever is later.
(d) You must meet the notification requirements in Sec. 63.3510
according to the dates specified in that section and in subpart A of
this part. Some of the notifications must be submitted before the
compliance dates described in paragraphs (a) through (c) of this
section.
Emission Limitations
Sec. 63.3490 What emission limits must I meet?
(a) For a new or reconstructed affected source, you must limit
organic HAP emissions to the atmosphere to no more than the emission
limit(s) in Table 1 to this subpart that apply to you during each 12-
month compliance period, determined according to the requirements in
Sec. 63.3521, Sec. 63.3531, or Sec. 63.3541; or if you control
emissions with an emissions control system using the control
efficiency/outlet concentration option as specified in Sec.
63.3491(d), you must reduce organic HAP emissions to the atmosphere to
no more than the limit(s) in Table 3 to this subpart, determined
according to the requirements of Sec. 63.3551. If you perform surface
coating in more than one subcategory or utilize more than one coating
type within a subcategory, then you must meet the individual emission
limit(s) for each subcategory and coating type included.
(b) For an existing affected source, you must limit organic HAP
emissions to the atmosphere to no more than the emission limit(s) in
Table 2 to this subpart that apply to you during each 12-month
compliance period, determined according to the requirements in Sec.
63.3521, Sec. 63.3531, or Sec. 63.3541; or if you control emissions
with an emissions control system using the control efficiency/outlet
concentration option as specified in Sec. 63.3491(d), you must reduce
organic HAP emissions to the atmosphere to no more than the limit(s) in
Table 3 to this subpart, determined according to the requirements of
Sec. 63.3551. If you perform surface coating in more than one
subcategory or utilize more than one coating type within a subcategory,
then you must meet the individual emission limit(s) for each
subcategory and coating type included.
(c) If you perform surface coating in different subcategories as
described in Sec. 63.3481(a)(1) through (4), then the coating
operations in each subcategory constitute a separate affected source,
and you must conduct separate compliance demonstrations for each
applicable subcategory and coating type emission limit in paragraphs
(a) and (b) of this section and reflect those separate determinations
in notifications, reports, and records required by Sec. Sec. 63.3510,
63.3511, and 63.3512, respectively.
Sec. 63.3491 What are my options for meeting the emission limits?
You must include all coatings and thinners used in all surface
coating operations within a subcategory or coating type segment when
determining whether the organic HAP emission rate is equal to or less
than the applicable emission limit in Sec. 63.3490. To make that
determination, you must use at least one of the four compliance options
listed in paragraphs (a) through (d) of this section. You may apply any
of the compliance options to an individual coating operation or to
multiple coating operations within a subcategory or coating type
segment as a group. You may use different compliance options for
different coating operations or at different times on the same coating
operation. However, you may not use different compliance options at the
same time on the same coating operation. If you switch between
compliance options for any coating operation or group of coating
operations, you must document that switch as required by Sec.
63.3512(c), and you must report it in the next semiannual compliance
report required in Sec. 63.3511.
(a) Compliant material option. Demonstrate that the organic HAP
content of each coating used in the coating operation(s) is less than
or equal to the applicable emission limit in Sec. 63.3490, and that
each thinner used contains no organic HAP. You must meet all the
requirements of Sec. Sec. 63.3520, 63.3521, and 63.3522 to demonstrate
compliance with the emission limit using this option.
(b) Emission rate without add-on controls option. Demonstrate that,
based on the coatings and thinners used in the coating operation(s),
the organic HAP emission rate for the coating operation(s) is less than
or equal to the applicable emission limit in Sec. 63.3490, calculated
as a rolling 12-month emission rate and determined on a monthly basis.
You must meet all the requirements of Sec. Sec. 63.3530, 63.3531, and
63.3532 to demonstrate compliance with the emission limit using this
option.
(c) Emission rate with add-on controls option. Demonstrate that,
based on the coatings and thinners used in the
[[Page 64449]]
coating operation(s) and the emission reductions achieved by emission
capture systems and add-on controls, the organic HAP emission rate for
the coating operation(s) is less than or equal to the applicable
emission limit in Sec. 63.3490, calculated as a rolling 12-month
emission rate and determined on a monthly basis. If you use this
compliance option, you must also demonstrate that all emission capture
systems and add-on control devices for the coating operation(s) used
for purposes of complying with this subpart meet the operating limits
required in Sec. 63.3492, except for solvent recovery systems for
which you conduct liquid-liquid material balances according to Sec.
63.3541(i), and that you meet the work practice standards required in
Sec. 63.3493. You must meet all the requirements of Sec. Sec. 63.3540
through 63.3547 to demonstrate compliance with the emission limits,
operating limits, and work practice standards using this option.
(d) Control efficiency/outlet concentration option. Demonstrate
that, based on the emission reductions achieved by emission capture
systems and add-on controls, total HAP emissions measured as total
hydrocarbon (THC) are reduced by 95 percent or greater for existing
sources, or 97 percent or greater for new or reconstructed sources, or
that outlet THC emissions are less than or equal to 20 parts per
million by volume, dry basis (ppmvd). If you use this compliance
option, you must have a capture device that meets EPA Method 204 of 40
CFR part 51, Appendix M criteria for a permanent total enclosure (PTE).
You must also demonstrate that all emission capture systems and add-on
control devices for the coating operation(s) used for purposes of
complying with this subpart meet the operating limits required in Sec.
63.3492, and that you meet the work practice standards required in
Sec. 63.3493. You must meet all the requirements of Sec. Sec. 63.3550
through 63.3557 to demonstrate compliance with the emission limits,
operating limits, and work practice standards using this option.
Sec. 63.3492 What operating limits must I meet?
(a) For any coating operation(s) on which you use the compliant
material option or the emission rate without add-on controls option,
you are not required to meet any operating limits.
(b) For any controlled coating operation(s) on which you use the
emission rate with add-on controls option or the control efficiency/
outlet concentration option, except those for which you use a solvent
recovery system and conduct a liquid-liquid material balance according
to Sec. 63.3541(i), you must meet the operating limits specified in
Table 4 to this subpart. Those operating limits apply to the emission
capture and control systems for the coating operation(s) used for
purposes of complying with this subpart. You must establish the
operating limits during the performance test according to the
requirements in Sec. 63.3546 or Sec. 63.3556, and you must meet the
operating limits at all times after you establish them.
(c) If you use an add-on control device other than those listed in
Table 4 to this subpart or wish to monitor an alternative parameter and
comply with a different operating limit, you must apply to the
Administrator for approval of alternative monitoring under Sec.
63.8(f).
Sec. 63.3493 What work practice standards must I meet?
(a) For any coating operation(s) for which you use the compliant
material option or the emission rate without add-on controls option,
you are not required to meet any work practice standards.
(b) If you use the emission rate with add-on controls option or the
control efficiency/outlet concentration option to comply with the
emission limitations, you must develop and implement a work practice
plan to minimize organic HAP emissions from the storage, mixing, and
conveying of coatings, thinners, and cleaning materials used in, and
waste materials generated by, the coating operation(s) for which you
use those options; or you must meet an alternative standard as provided
in paragraph (c) of this section. The plan must specify practices and
procedures to ensure that, at a minimum, the elements specified in
paragraphs (b)(1) through (5) of this section are implemented.
(1) All organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be stored in closed containers.
(2) Spills of organic-HAP-containing coatings, thinners, cleaning
materials, and waste materials must be minimized.
(3) Organic-HAP-containing coatings, thinners, cleaning materials,
and waste materials must be conveyed from one location to another in
closed containers or pipes.
(4) Mixing vessels which contain organic-HAP-containing coatings
and other materials must be closed except when adding to, removing, or
mixing the contents.
(5) Emissions of organic HAP must be minimized during cleaning of
storage, mixing, and conveying equipment.
(c) As provided in Sec. 63.6(g), we, the U.S. Environmental
Protection Agency (U.S. EPA), may choose to grant you permission to use
an alternative to the work practice standards in this section.
General Compliance Requirements
Sec. 63.3500 What are my general requirements for complying with this
subpart?
(a) You must be in compliance with the emission limitations in this
subpart as specified in paragraphs (a)(1) and (2) of this section.
(1) Any coating operation(s) for which you use the compliant
material option or the emission rate without add-on controls option, as
specified in Sec. 63.3491(a) and (b), must be in compliance with the
applicable emission limit in Sec. 63.3490.
(2) Any coating operation(s) for which you use the emission rate
with add-on controls option, as specified in Sec. 63.3491(c), or the
control efficiency/outlet concentration option, as specified in Sec.
63.3491(d), must be in compliance with the emission limitations as
specified in paragraphs (a)(2)(i) through (iii) of this section.
(i) The coating operation(s) must be in compliance with the
applicable emission limit in Sec. 63.3490 at all times.
(ii) The coating operation(s) must be in compliance with the
operating limits for emission capture systems and add-on control
devices required by Sec. 63.3492 at all times, except for those for
which you use a solvent recovery system and conduct liquid-liquid
material balances according to Sec. 63.3541(i). The operating limits
apply only to capture systems and control devices used for purposes of
complying with this subpart.
(iii) The coating operation(s) must be in compliance with the work
practice standards in Sec. 63.3493 at all times.
(b) You must always operate and maintain your affected source,
including all air pollution control and monitoring equipment you use
for purposes of complying with this subpart, according to the
provisions in Sec. 63.6(e)(1)(i).
(c) If your affected source uses an emission capture system and
add-on control device for purposes of complying with this subpart, you
must develop and implement a written startup, shutdown, and malfunction
plan (SSMP) according to the provisions in Sec. 63.6(e)(3). The plan
must address startup, shutdown, and corrective actions in the event of
a malfunction of the emission capture system or the add-on control
device. The plan must also address any coating operation
[[Page 64450]]
equipment that may cause increased emissions or that would affect
capture efficiency if the process equipment malfunctions, such as
conveyors that move parts among enclosures.
Sec. 63.3501 What parts of the General Provisions apply to me?
Table 5 to this subpart shows which parts of the General Provisions
in Sec. Sec. 63.1 through 63.15 apply to you.
Notifications, Reports, and Records
Sec. 63.3510 What notifications must I submit?
(a) General. You must submit the notifications in Sec. Sec.
63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply
to you by the dates specified in those sections, except as provided in
paragraphs (b) and (c) of this section.
(b) Initial notification. You must submit the Initial Notification
required by Sec. 63.9(b) for a new or reconstructed affected source no
later than 120 days after initial startup or 120 days after November
13, 2003, whichever is later. For an existing affected source, you must
submit the Initial Notification no later than November 13, 2004.
(c) Notification of compliance status. You must submit the
Notification of Compliance Status required by Sec. 63.9(h) no later
than 30 calendar days following the end of the initial compliance
period described in Sec. 63.3520, Sec. 63.3530, Sec. 63.3540, or
Sec. 63.3550 that applies to your affected source. The Notification of
Compliance Status must contain the information specified in paragraphs
(c)(1) through (9) of this section and in Sec. 63.9(h).
(1) Company name and address.
(2) Statement by a responsible official with that official's name,
title, and signature certifying the truth, accuracy, and completeness
of the content of the report.
(3) Date of the report and beginning and ending dates of the
reporting period. The reporting period is the initial compliance period
described in Sec. 63.3520, Sec. 63.3530, Sec. 63.3540, or Sec.
63.3550 that applies to your affected source.
(4) Identification of the compliance option or options specified in
Sec. 63.3491 that you used on each coating operation in the affected
source during the initial compliance period.
(5) Statement of whether or not the affected source achieved the
emission limitations for the initial compliance period.
(6) If you had a deviation, include the information in paragraphs
(c)(6)(i) and (ii) of this section.
(i) A description and statement of the cause of the deviation.
(ii) If you failed to meet the applicable emission limit in Sec.
63.3490, include all the calculations you used to determine the
kilogram (kg) organic HAP emitted per liter of coating solids used. You
do not need to submit information provided by the materials suppliers
or manufacturers or test reports.
(7) For each of the data items listed in paragraphs (c)(7)(i)
through (iv) of this section that is required by the compliance
option(s) you used to demonstrate compliance with the emission limit,
include an example of how you determined the value, including
calculations and supporting data. Supporting data can include a copy of
the information provided by the supplier or manufacturer of the example
coating or material or a summary of the results of testing conducted
according to Sec. 63.3521(a), (b), or (c). You do not need to submit
copies of any test reports.
(i) Mass fraction of organic HAP for one coating and for one
thinner.
(ii) Volume fraction of coating solids for one coating.
(iii) Density for one coating and one thinner, except that if you
use the compliant material option, only the example coating density is
required.
(iv) The amount of waste materials and the mass of organic HAP
contained in the waste materials for which you are claiming an
allowance in Equation 1 of Sec. 63.3531.
(8) The calculation of kg organic HAP emitted per liter of coating
solids used for the compliance option(s) you used, as specified in
paragraphs (c)(8)(i) through (iii) of this section.
(i) For the compliant material option, provide an example
calculation of the organic HAP content for one coating, using Equation
1 of Sec. 63.3521.
(ii) For the emission rate without add-on controls option, provide
the calculation of the total mass of organic HAP emissions for each
month, the calculation of the total volume of coating solids used each
month, and the calculation of the 12-month organic HAP emission rate,
using Equations 1, 1A through 1C, 2, and 3, respectively, of Sec.
63.3531.
(iii) For the emission rate with add-on controls option, provide
the calculation of the total mass of organic HAP emissions for the
coatings and thinners used each month, using Equations 1 and 1A through
1C of Sec. 63.3531; the calculation of the total volume of coating
solids used each month, using Equation 2 of Sec. 63.3531; the
calculation of the mass of organic HAP emission reduction each month by
emission capture systems and add-on control devices, using Equations 1
and 1A through 1D of Sec. 63.3541, and Equations 2, 3, and 3A through
3C of Sec. 63.3541, as applicable; the calculation of the total mass
of organic HAP emissions each month, using Equation 4 of Sec. 63.3541,
as applicable; and the calculation of the 12-month organic HAP emission
rate, using Equation 5 of Sec. 63.3541.
(9) For the emission rate with add-on controls option or the
control efficiency/outlet concentration option, you must include the
information specified in paragraphs (c)(9)(i) through (iv) of this
section. The requirements in paragraphs (c)(9)(i) through (iii) of this
section do not apply to solvent recovery systems for which you conduct
liquid-liquid material balances according to Sec. 63.3541(i).
(i) For each emission capture system, a summary of the data and
copies of the calculations supporting the determination that the
emission capture system is a PTE or a measurement of the emission
capture system efficiency. Include a description of the protocol
followed for measuring capture efficiency, summaries of any capture
efficiency tests conducted, and any calculations supporting the capture
efficiency determination. If you use the data quality objective (DQO)
or lower confidence limit (LCL) approach, you must also include the
statistical calculations to show you meet the DQO or LCL criteria in
appendix A to subpart KK of this part. You do not need to submit
complete test reports.
(ii) A summary of the results of each add-on control device
performance test. You do not need to submit complete test reports.
(iii) A list of each emission capture system's and add-on control
device's operating limits and a summary of the data used to calculate
those limits.
(iv) A statement of whether or not you developed and implemented
the work practice plan required by Sec. 63.3493.
Sec. 63.3511 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
[[Page 64451]]
section. Note that the information reported for each of the months in
the reporting period will be based on the last 12 months of data prior
to the date of each monthly calculation.
(i) The first semiannual compliance report must cover the first
semiannual reporting period which begins the day after the end of the
initial compliance period described in Sec. 63.3520, Sec. 63.3530,
Sec. 63.3540, or Sec. 63.3550 that applies to your affected source
and ends on June 30 or December 31, whichever occurs first following
the end of the initial compliance period.
(ii) Each subsequent semiannual compliance report must cover the
subsequent semiannual reporting period from January 1 through June 30
or the semiannual reporting period from July 1 through December 31.
(iii) Each semiannual compliance report must be postmarked or
delivered no later than July 31 or January 31, whichever date is the
first date following the end of the semiannual reporting period.
(iv) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the
permitting authority has established dates for submitting semiannual
reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR
71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance
reports according to the dates the permitting authority has established
instead of the date specified in paragraph (a)(1)(iii) of this section.
(2) Inclusion with title V report. Each affected source that has
obtained a title V operating permit pursuant to 40 CFR part 70 or 40
CFR part 71 must report all deviations as defined in this subpart in
the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A)
or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a
semiannual compliance report pursuant to this section along with, or as
part of, the semiannual monitoring report required by 40 CFR
70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual
compliance report includes all required information concerning
deviations from any emission limitation in this subpart, its submission
will be deemed to satisfy any obligation to report the same deviations
in the semiannual monitoring report. However, submission of a
semiannual compliance report shall not otherwise affect any obligation
the affected source may have to report deviations from permit
requirements to the permitting authority.
(3) General requirements. The semiannual compliance report must
contain the information specified in paragraphs (a)(3)(i) through (v)
of this section and the information specified in paragraphs (a)(4)
through (7) and (c)(1) of this section that is applicable to your
affected source.
(i) Company name and address.
(ii) Statement by a responsible official with that official's name,
title, and signature, certifying the truth, accuracy, and completeness
of the content of the report.
(iii) Date of report and beginning and ending dates of the
reporting period. The reporting period is the 6-month period ending on
June 30 or December 31. Note that the information reported for each of
the 6 months in the reporting period will be based on the last 12
months of data prior to the date of each monthly calculation.
(iv) Identification of the compliance option or options specified
in Sec. 63.3491 that you used on each coating operation during the
reporting period. If you switched between compliance options during the
reporting period, you must report the beginning and ending dates you
used each option.
(v) If you used the emission rate without add-on controls or the
emission rate with add-on controls compliance option (Sec. 63.3491(b)
or (c)), the calculation results for each rolling 12-month organic HAP
emission rate during the 6-month reporting period.
(4) No deviations. If there were no deviations from the emission
limitations, operating limits, or work practice standards in Sec. Sec.
63.3490, 63.3492, and 63.3493 that apply to you, the semiannual
compliance report must include a statement that there were no
deviations from the emission limitations during the reporting period.
If you used the emission rate with add-on controls option or the
control efficiency/outlet concentration option and there were no
periods during which the continuous parameter monitoring systems (CPMS)
were out of control as specified in Sec. 63.8(c)(7), the semiannual
compliance report must include a statement that there were no periods
during which the CPMS were out of control during the reporting period.
(5) Deviations: compliant material option. If you used the
compliant material option and there was a deviation from the applicable
emission limit in Sec. 63.3490, the semiannual compliance report must
contain the information in paragraphs (a)(5)(i) through (iv) of this
section.
(i) Identification of each coating used that deviated from the
emission limit, each thinner used that contained organic HAP, and the
dates and time periods each was used.
(ii) The calculation of the organic HAP content (using Equation 1
of Sec. 63.3521) for each coating identified in paragraph (a)(5)(i) of
this section. You do not need to submit background data supporting this
calculation (e.g., information provided by coating suppliers or
manufacturers, or test reports).
(iii) The determination of mass fraction of organic HAP for each
coating and thinner identified in paragraph (a)(5)(i) of this section.
You do not need to submit background data supporting this calculation
(e.g., information provided by material suppliers or manufacturers, or
test reports).
(iv) A statement of the cause of each deviation.
(6) Deviations: emission rate without add-on controls option. If
you used the emission rate without add-on controls option and there was
a deviation from the applicable emission limit in Sec. 63.3490, the
semiannual compliance report must contain the information in paragraphs
(a)(6)(i) through (iii) of this section.
(i) The beginning and ending dates of each compliance period during
which the 12-month organic HAP emission rate exceeded the applicable
emission limit in Sec. 63.3490.
(ii) The calculations used to determine the 12-month organic HAP
emission rate for the compliance period in which the deviation
occurred. You must provide the calculations for Equations 1, 1A through
1C, 2, and 3 in Sec. 63.3531; and if applicable, the calculation used
to determine mass of organic HAP in waste materials according to Sec.
63.3531(e)(3). You do not need to submit background data supporting
these calculations (e.g., information provided by materials suppliers
or manufacturers, or test reports).
(iii) A statement of the cause of each deviation.
(7) Deviations: emission rate with add-on controls option. If you
used the emission rate with add-on controls option and there was a
deviation from an emission limitation (including any periods when
emissions bypassed the add-on control device and were diverted to the
atmosphere), the semiannual compliance report must contain the
information in paragraphs (a)(7)(i) through (xiv) of this section. That
includes periods of startup, shutdown, and malfunction during which
deviations occurred.
(i) The beginning and ending dates of each compliance period during
which the 12-month organic HAP emission rate exceeded the applicable
emission limit in Sec. 63.3490.
[[Page 64452]]
(ii) The calculations used to determine the 12-month organic HAP
emission rate for each compliance period in which a deviation occurred.
You must provide the calculation of the total mass of organic HAP
emissions for the coatings and thinners used each month, using
Equations 1 and 1A through 1C of Sec. 63.3531 and, if applicable, the
calculation used to determine mass of organic HAP in waste materials
according to Sec. 63.3531(e)(3); the calculation of the total volume
of coating solids used each month, using Equation 2 of Sec. 63.3531;
the calculation of the mass of organic HAP emission reduction each
month by emission capture systems and add-on control devices, using
Equations 1 and 1A through 1D of Sec. 63.3541, and Equations 2, 3, and
3A through 3C of Sec. 63.3541, as applicable; the calculation of the
total mass of organic HAP emissions each month, using Equation 4 of
Sec. 63.3541; and the calculation of the 12-month organic HAP emission
rate, using Equation 5 of Sec. 63.3541. You do not need to submit the
background data supporting these calculations (e.g., information
provided by materials suppliers or manufacturers, or test reports).
(iii) The date and time that each malfunction started and stopped.
(iv) A brief description of the CPMS.
(v) The date of the latest CPMS certification or audit.
(vi) The date and time that each CPMS was inoperative, except for
zero (low-level) and high-level checks.
(vii) The date, time, and duration that each CPMS was out of
control, including the information in Sec. 63.8(c)(8).
(viii) The date and time period of each deviation from an operating
limit in Table 4 to this subpart; date and time period of any bypass of
the add-on control device; and whether each deviation occurred during a
period of startup, shutdown, or malfunction or during another period.
(ix) A summary of the total duration of each deviation from an
operating limit in Table 4 to this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total
duration as a percent of the total source operating time during that
semiannual reporting period.
(x) A breakdown of the total duration of the deviations from the
operating limits in Table 4 to this subpart and bypasses of the add-on
control device during the semiannual reporting period into those that
were due to startup, shutdown, control equipment problems, process
problems, other known causes, and other unknown causes.
(xi) A summary of the total duration of CPMS downtime during the
semiannual reporting period and the total duration of CPMS downtime as
a percent of the total source operating time during that semiannual
reporting period.
(xii) A description of any changes in the CPMS, coating operation,
emission capture system, or add-on control device since the last
semiannual reporting period.
(xiii) For each deviation from the work practice standards, a
description of the deviation; the date and time period of the
deviation; and the actions you took to correct the deviation.
(xiv) A statement of the cause of each deviation.
(8) Deviations: control efficiency/outlet concentration option. If
you used the control efficiency/outlet concentration option, and there
was a deviation from an emission limitation (including any periods when
emissions bypassed the add-on control device and were diverted to the
atmosphere), the semiannual compliance report must contain the
information in paragraphs (a)(8)(i) through (xii) of this section. This
includes periods of startup, shutdown, and malfunction during which
deviations occurred.
(i) The date and time that each malfunction started and stopped.
(ii) A brief description of the CPMS.
(iii) The date of the latest certification or audit of the CPMS.
(iv) The date and time that each CPMS was inoperative, except for
zero (low-level) and high-level checks.
(v) The date, time, and duration that each CPMS was out-of-control,
including the information in Sec. 63.8(c)(8).
(vi) The date and time period of each deviation from an operating
limit in Table 4 to this subpart; date and time of any bypass of the
add-on control device; and whether each deviation occurred during a
period of startup, shutdown, or malfunction or during another period.
(vii) A summary of the total duration of each deviation from an
operating limit in Table 4 to this subpart and each bypass of the add-
on control device during the semiannual reporting period and the total
duration as a percent of the total source operating time during that
semiannual reporting period.
(viii) A breakdown of the total duration of the deviations from the
operating limits in Table 4 to this subpart and bypasses of the add-on
control device during the semiannual reporting period into those that
were due to startup, shutdown, control equipment problems, process
problems, other known causes, and other unknown causes.
(ix) A summary of the total duration of CPMS downtime during the
semiannual reporting period and the total duration of CPMS downtime as
a percent of the total source operating time during that semiannual
reporting period.
(x) A description of any changes in the CPMS, coating operation,
emission capture system, or add-on control device since the last
semiannual reporting period.
(xi) For each deviation from the work practice standards, a
description of the deviation; the date and time period of the
deviation; and the actions you took to correct the deviation.
(xii) A statement of the cause of each deviation.
(b) Performance test reports. If you use the emission rate with
add-on controls option or the control efficiency/outlet concentration
option, you must submit reports of performance test results for
emission capture systems and add-on control devices no later than 60
days after completing the tests as specified in Sec. 63.10(d)(2).
(c) Startup, shutdown, malfunction reports. If you used the
emission rate with add-on controls option or the control efficiency/
outlet concentration option and you had a startup, shutdown, or
malfunction during the semiannual reporting period, you must submit the
reports specified in paragraphs (c)(1) and (2) of this section.
(1) If your actions were consistent with your SSMP, you must
include the information specified in Sec. 63.10(d) in the semiannual
compliance report required by paragraph (a) of this section.
(2) If your actions were not consistent with your SSMP, you must
submit an immediate startup, shutdown, and malfunction report as
described in paragraphs (c)(2)(i) and (ii) of this section.
(i) You must describe the actions taken during the event in a
report delivered by facsimile, telephone, or other means to the
Administrator within 2 working days after starting actions that are
inconsistent with the SSMP.
(ii) You must submit a letter to the Administrator within 7 working
days after the end of the event, unless you have made alternative
arrangements with the Administrator as specified in Sec.
63.10(d)(5)(ii). The letter must contain the information specified in
Sec. 63.10(d)(5)(ii).
Sec. 63.3512 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
[[Page 64453]]
the records is a deviation from the applicable standard.
(a) A copy of each notification and report that you submitted to
comply with this subpart and the documentation supporting each
notification and report.
(b) A current copy of information provided by materials suppliers
or manufacturers, such as manufacturer's formulation data, or test data
used to determine the mass fraction of organic HAP and density for each
coating and thinner and the volume fraction of coating solids for each
coating. If you conducted testing to determine mass fraction of organic
HAP, density, or volume fraction of coating solids, you must keep a
copy of the complete test report. If you use information provided to
you by the manufacturer or supplier of the material that was based on
testing, you must keep the summary sheet of results provided to you by
the manufacturer or supplier. You are not required to obtain the test
report or other supporting documentation from the manufacturer or
supplier.
(c) For each compliance period, the records specified in paragraphs
(c)(1) through (4) of this section.
(1) A record of the coating operations at which you used each
compliance option and the time periods (beginning and ending dates and
times) you used each option.
(2) For the compliant material option, a record of the calculation
of the organic HAP content for each coating, using Equation 1 of Sec.
63.3521.
(3) For the emission rate without add-on controls option, a record
of the calculation of the total mass of organic HAP emissions for the
coatings and thinners used each month, using Equations 1, 1A through
1C, and 2 of Sec. 63.3531 and, if applicable, the calculation used to
determine mass of organic HAP in waste materials according to Sec.
63.3531(e)(3); the calculation of the total volume of coating solids
used each month, using Equation 2 of Sec. 63.3531; and the calculation
of each 12-month organic HAP emission rate, using Equation 3 of Sec.
63.3531.
(4) For the emission rate with add-on controls option, records of
the calculations specified in paragraphs (c)(4)(i) through (v) of this
section.
(i) The calculation of the total mass of organic HAP emissions for
the coatings and thinners used each month, using Equations 1 and 1A
through 1C of Sec. 63.3531 and, if applicable, the calculation used to
determine mass of organic HAP in waste materials according to Sec.
63.3531(e)(3).
(ii) The calculation of the total volume of coating solids used
each month, using Equation 2 of Sec. 63.3531.
(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. 63.3541, and Equations 2, 3, and 3A
through 3C of Sec. 63.3541, as applicable.
(iv) The calculation of the total mass of organic HAP emissions
each month, using Equation 4 of Sec. 63.3541.
(v) The calculation of each 12-month organic HAP emission rate,
using Equation 5 of Sec. 63.3541.
(5) For the control efficiency/outlet concentration option, records
of the measurements made by the CPMS used to demonstrate compliance.
For any coating operation(s) for which you use this option, you do not
have to keep the records specified in paragraphs (d) through (g) of
this section.
(d) A record of the name and volume of each coating and thinner
used during each compliance period.
(e) A record of the mass fraction of organic HAP for each coating
and thinner used during each compliance period.
(f) A record of the volume fraction of coating solids for each
coating used during each compliance period.
(g) A record of the density for each coating used during each
compliance period; and, if you use either the emission rate without
add-on controls or the emission rate with add-on controls compliance
option, the density for each thinner used during each compliance
period.
(h) If you use an allowance in Equation 1 of Sec. 63.3531 for
organic HAP contained in waste materials sent to or designated for
shipment to a treatment, storage, and disposal facility (TSDF)
according to Sec. 63.3531(e)(3) or otherwise managed in accordance
with applicable Federal and State waste management regulations, 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 or other applicable waste
management location to which you sent waste materials for which you use
an allowance in Equation 1 of Sec. 63.3531, 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.
63.3531.
(3) The methodology used in accordance with Sec. 63.3531(e)(3) to
determine the total amount of waste materials sent to or the amount
collected, stored, and designated for transport to a TSDF or other
applicable waste management location each month and the methodology to
determine the mass of organic HAP contained in these waste materials.
That must include the sources for all data used in the determination,
methods used to generate the data, frequency of testing or monitoring,
and supporting calculations and documentation, including the waste
manifest for each shipment.
(i) You must keep records of the date, time, and duration of each
deviation.
(j) If you use the emission rate with add-on controls option or the
control efficiency/outlet concentration option, you must keep the
records specified in paragraphs (j)(1) through (8) of this section.
(1) For each deviation, a record of whether the deviation occurred
during a period of startup, shutdown, or malfunction.
(2) The records in Sec. 63.6(e)(3)(iii) through (v) related to
startup, shutdown, and malfunction.
(3) The records required to show continuous compliance with each
operating limit specified in Table 4 to this subpart that applies to
you.
(4) For each capture system that is a PTE, the data and
documentation you used to support a determination that the capture
system meets the criteria in Method 204 of appendix M to 40 CFR part 51
for a PTE and has a capture efficiency of 100 percent, as specified in
Sec. 63.3544(a).
(5) For each capture system that is not a PTE, the data and
documentation you used to determine capture efficiency according to the
requirements specified in Sec. Sec. 63.3543 and 63.3544(b) through (e)
including the records specified in paragraphs (j)(5)(i) through (iii)
of this section that apply to you.
(i) Records for a liquid-to-uncaptured-gas protocol using a
temporary total enclosure or building enclosure. Records of the mass of
total volatile hydrocarbon (TVH) as measured by Method 204A or F of
appendix M to 40 CFR part 51 for each material used in the coating
operation and the total TVH for all materials used during each capture
efficiency test run including a copy of the test report. Records of the
mass of TVH emissions not captured by the capture system that exited
the temporary total enclosure (TTE) or building enclosure during each
capture efficiency test run, as measured by Method 204D or E of
appendix M to 40 CFR part 51, including a copy of the test
[[Page 64454]]
report. Records documenting that the enclosure used for the capture
efficiency test met the criteria in Method 204 of appendix M to 40 CFR
part 51 for either a TTE or a building enclosure.
(ii) Records for a gas-to-gas protocol using a temporary total
enclosure or a building enclosure. Records of the mass of TVH emissions
captured by the emission capture system as measured by Method 204B or C
of appendix M to 40 CFR part 51 at the inlet to the add-on control
device including a copy of the test report. Records of the mass of TVH
emissions not captured by the capture system that exited the TTE or
building enclosure during each capture efficiency test run as measured
by Method 204D or E of appendix M to 40 CFR part 51 including a copy of
the test report. Records documenting that the enclosure used for the
capture efficiency test met the criteria in Method 204 of appendix M to
40 CFR part 51 for either a TTE or a building enclosure.
(iii) Records for an alternative protocol. Records needed to
document a capture efficiency determination using an alternative method
or protocol as specified in Sec. 63.3544(e) if applicable.
(6) The records specified in paragraphs (j)(6)(i) and (ii) of this
section for each add-on control device organic HAP destruction or
removal efficiency determination as specified in Sec. 63.3545 or Sec.
63.3555.
(i) Records of each add-on control device performance test
conducted according to Sec. 63.3543 or Sec. 63.3553 and Sec. 63.3545
or Sec. 63.3555.
(ii) Records of the coating operation conditions during the add-on
control device performance test showing that the performance test was
conducted under representative operating conditions.
(7) Records of the data and calculations you used to establish the
emission capture and add-on control device operating limits as
specified in Sec. 63.3546 or Sec. 63.3556 and to document compliance
with the operating limits as specified in Table 4 to this subpart.
(8) A record of the work practice plan required by Sec. 63.3493
and documentation that you are implementing the plan on a continuous
basis.
Sec. 63.3513 In what form and for how long must I keep my records?
(a) Your records must be kept in a form suitable and readily
available for expeditious review, according to Sec. 63.10(b)(1). Where
appropriate, the records may be maintained as electronic spreadsheets
or as a database.
(b) As specified in Sec. 63.10(b)(1), you must keep each record
for 5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
(c) You must keep each record on site for at least 2 years after
the date of each occurrence, measurement, maintenance, corrective
action, report, or record, according to Sec. 63.10(b)(1). You may keep
the records off site for the remaining 3 years.
Compliance Requirements for the Compliant Material Option
Sec. 63.3520 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.
63.3521. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3483 and ends on the last day of
the 12th month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. The initial compliance demonstration includes the
calculations according to Sec. 63.3521 and supporting documentation
showing that, during the initial compliance period, you used no coating
with an organic HAP content that exceeded the applicable emission limit
in Sec. 63.3490 and you used no thinners that contained organic HAP.
Sec. 63.3521 How do I demonstrate initial compliance with the
emission limitations?
You may use the compliant material option for any individual
coating operation, for any group of coating operations within a
subcategory or coating type segment, or for all the coating operations
within a subcategory or coating type segment. You must use either the
emission rate without add-on controls option, the emission rate with
add-on controls option, or the control efficiency/outlet concentration
option for any coating operation in the affected source for which you
do not use that option. To demonstrate initial compliance using the
compliant material option, the coating operation or group of coating
operations must use no coating with an organic HAP content that exceeds
the applicable emission limit in Sec. 63.3490 and must use no thinner
that contains organic HAP as determined according to this section. Any
coating operation for which you use the compliant material option is
not required to meet the operating limits or work practice standards
required in Sec. Sec. 63.3492 and 63.3493, respectively. You must
conduct a separate initial compliance demonstration for each one and
two-piece draw and iron can body coating, sheetcoating, three-piece can
body assembly coating, and end coating affected source. You must meet
all the requirements of this section for the coating operation or group
of coating operations using this option. Use the procedures in this
section on each coating and thinner in the condition it is in when it
is received from its manufacturer or supplier and prior to any
alteration (e.g., mixing or thinning). Do not include any coatings or
thinners used on coating operations for which you use the emission rate
without add-on controls option, the emission rate with add-on controls
option, or the control efficiency/outlet concentration option. You do
not need to redetermine the HAP content of coatings or thinners that
have been reclaimed onsite and reused in the coating operation(s) for
which you use the compliant material option, provided these materials
in their condition as received were demonstrated to comply with the
compliant material option.
(a) Determine the mass fraction of organic HAP for each material
used. You must determine the mass fraction of organic HAP for each
coating and thinner used during the compliance period by using one of
the options in paragraphs (a)(1) through (5) of this section.
(1) Method 311 (appendix A to 40 CFR part 63). You may use Method
311 for determining the mass fraction of 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 (e.g., 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 (e.g.,
0.763).
(2) Method 24 (appendix A to 40 CFR part 60). For coatings, you may
use Method 24 to determine the mass fraction of nonaqueous volatile
matter and use that value as a substitute for mass fraction of organic
HAP.
[[Page 64455]]
(3) Alternative method. You may use an alternative test method for
determining the mass fraction of organic HAP once the Administrator has
approved it. You must follow the procedure in Sec. 63.7(f) to submit
an alternative test method for approval.
(4) Information from the supplier or manufacturer of the material.
You may rely on information other than that generated by the test
methods specified in paragraphs (a)(1) through (3) of this section,
such as manufacturer's formulation data, if it represents each organic
HAP that is present at 0.1 percent by mass or more for OSHA-defined
carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent
by mass or more for other compounds. For example, if toluene (not an
OSHA carcinogen) is 0.5 percent of the material by mass, you do not
have to count it. If there is a disagreement between such information
and results of a test conducted according to paragraphs (a)(1) through
(3) of this section, then the test method results will take precedence
unless, after consultation, a regulated source can demonstrate to the
satisfaction of the enforcement agency that the formulation data are
correct.
(5) Solvent blends. Solvent blends may be listed as single
components for some materials in data provided by manufacturers or
suppliers. Solvent blends may contain organic HAP which must be counted
toward the total organic HAP mass fraction of the materials. When test
data and manufacturer's data for solvent blends are not available, you
may use the default values for the mass fraction of organic HAP in
those solvent blends listed in Table 6 or 7 to this subpart. If you use
the tables, you must use the values in Table 6 to this subpart for all
solvent blends that match Table 6 entries, and you may only use Table 7
to this subpart if the solvent blends in the materials you use do not
match any of the solvent blends in Table 6 and you only know whether
the blend is aliphatic or aromatic. However, if the results of a Method
311 (40 CFR part 63, appendix A) test indicate higher values than those
listed on Table 6 or 7 to this subpart, the Method 311 results will
take precedence.
(b) Determine the volume fraction of coating solids for each
coating. You must determine the volume fraction of coating solids
(liters of coating solids per liter of coating) for each coating used
during the compliance period by a test or by information provided by
the supplier or the manufacturer of the material as specified in
paragraphs (b)(1) and (2) of this section. If test results obtained
according to paragraph (b)(1) of this section do not agree with the
information obtained under paragraph (b)(2) of this section, the test
results will take precedence.
(1) ASTM Method D2697-86 (Reapproved 1998) or D6093-97. You may use
ASTM Method D2697-86 (Reapproved 1998), ``Standard Test Method for
Volume Nonvolatile Matter in Clear or Pigmented Coatings''
(incorporated by reference, see Sec. 63.14), or D6093-97, ``Standard
Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented
Coatings Using a Helium Gas Pycnometer'' (incorporated by reference,
see Sec. 63.14), to determine the volume fraction of coating solids
for each coating. Divide the nonvolatile volume percent obtained with
the methods by 100 to calculate volume fraction of coating solids. If
these values cannot be determined using these methods, the owner/
operator may submit an alternative technique for determining the values
for approval by the Administrator.
(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 D1475-90 or information from the supplier or manufacturer
of the material. If there is disagreement between ASTM Method D1475-90
test results and the supplier's or manufacturer's information, the test
results will take precedence.
(d) Calculate the organic HAP content of each coating. Calculate
the organic HAP content, kg organic HAP per liter coating solids, of
each coating used during the compliance period, using Equation 1 of
this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.000
Where:
Hc = Organic HAP content of the coating, kg organic HAP per
liter coating solids.
Dc = Density of coating, kg coating per liter coating,
determined according to paragraph (c) of this section.
Wc = mass fraction of organic HAP in the coating, kg organic
HAP per kg coating, determined according to paragraph (a) of this
section.
Vs = Volume fraction of coating solids, liter coating solids
per liter coating, determined according to paragraph (b) of this
section.
(e) Compliance demonstration. The organic HAP content for each
coating used during the initial compliance period, determined using
Equation 1 of this section, must be less than or equal to the
applicable emission limit in Sec. 63.3490 and each thinner used during
the initial compliance period must contain no organic HAP, determined
according to paragraph (a) of this section. You must keep all records
required by Sec. Sec. 63.3512 and 63.3513. As part of the Notification
of Compliance Status required in Sec. 63.3510, you must identify the
coating operation(s) for which you used the compliant material option
and submit a statement that the coating operation(s) was (were) in
compliance with the emission limitations during the initial compliance
period because you used no coatings for which the organic HAP content
exceeded the applicable emission limit in Sec. 63.3490, and you used
no thinners that contained organic HAP, determined according to
paragraph (a) of this section.
Sec. 63.3522 How do I demonstrate continuous compliance with the
emission limitations?
(a) For each compliance period, to demonstrate continuous
compliance, you must use no coating for which the organic HAP content,
determined using Equation 1 of Sec. 63.3521, exceeds the applicable
emission limit in Sec. 63.3490 and use no thinner that contains
organic HAP, determined according to Sec. 63.3521(a). A compliance
period consists of 12 months. Each month after the end of the initial
compliance period described in Sec. 63.3520 is the end of a compliance
period consisting of that month and the preceding 11 months.
(b) If you choose to comply with the emission limitations by using
the compliant material option, the use of any coating or thinner that
does not meet the criteria specified in paragraph (a) of this section
is a deviation from the emission limitations that must be reported as
specified in Sec. Sec. 63.3510(b)(6) and 63.3511(a)(5).
(c) As part of each semiannual compliance report required by Sec.
63.3511, you must identify the coating operation(s) for which you used
the compliant material option. If there were no deviations from the
emission limitations in Sec. 63.3490, submit a statement that the
coating operation(s) was (were) in compliance with the emission
limitations during the reporting period because you used no coating for
which the organic HAP content exceeded the applicable
[[Page 64456]]
emission limit in Sec. 63.3490, and you used no thinner or cleaning
material that contained organic HAP, determined according to Sec.
63.3521(a).
(d) You must maintain records as specified in Sec. Sec. 63.3512
and 63.3513.
Compliance Requirements for the Emission Rate Without Add-On Controls
Option
Sec. 63.3530 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.
63.3531. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3483 and ends on the last day of
the 12th month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. You must determine the mass of organic HAP emissions and
volume of coating solids used each month and then calculate a 12-month
organic HAP emission rate at the end of the initial 12-month compliance
period. The initial compliance demonstration includes the calculations
according to Sec. 63.3531 and supporting documentation showing that,
during the initial compliance period, the organic HAP emission rate was
equal to or less than the applicable emission limit in Sec. 63.3490.
Sec. 63.3531 How do I demonstrate initial compliance with the
emission limitations?
You may use the emission rate without add-on controls option for
any coating operation, for any group of coating operations within a
subcategory or coating type segment, or for all of the coating
operations within a subcategory or coating type segment. You must use
either the compliant material option, the emission rate with add-on
controls option, or the control efficiency/outlet concentration option
for any coating operation in the affected source for which you do not
use this option. If you use the alternative overall emission limit for
a subcategory according to paragraph (i) of this section to demonstrate
compliance, however, you must include all coating operations in all
coating type segments in the subcategory to determine compliance with
the overall limit. To demonstrate initial compliance using the emission
rate without add-on controls option, the coating operation or group of
coating operations must meet the applicable emission limit in Sec.
63.3490, but is not required to meet the operating limits or work
practice standards in Sec. Sec. 63.3492 and 63.3493, respectively. You
must conduct a separate initial compliance demonstration for each one
and two-piece draw and iron can body coating, sheetcoating, three-piece
can body assembly coating, and end coating affected source. You must
meet all the requirements of this section to demonstrate initial
compliance with the applicable emission limit in Sec. 63.3490 for the
coating operation(s). When calculating the organic HAP emission rate
according to this section, do not include any coatings or thinners used
on coating operations for which you use the compliant material option,
the emission rate with add-on controls option, or the control
efficiency/outlet concentration option or coating operations in a
different affected source in a different subcategory. Use the
procedures in this section on each coating and thinner in the condition
it is in when it is received from its manufacturer or supplier and
prior to any alteration (e.g., mixing or thinning). You do not need to
redetermine the mass of organic HAP in coatings or thinners that have
been reclaimed onsite and reused in the coating operation(s) for which
you use the emission rate without add-on controls option.
(a) Determine the mass fraction of organic HAP for each material.
Determine the mass fraction of organic HAP for each coating and thinner
used during each month according to the requirements in Sec.
63.3521(a).
(b) Determine the volume fraction of coating solids for each
coating. Determine the volume fraction of coating solids for each
coating used during each month according to the requirements in Sec.
63.3521(b).
(c) Determine the density of each material. Determine the density
of each coating and thinner used during each month from test results
using ASTM Method D1475-90, information from the supplier or
manufacturer of the material, or reference sources providing density or
specific gravity data for pure materials. If there is disagreement
between ASTM Method D1475-90 test results and such other information
sources, the test results will take precedence.
(d) Determine the volume of each material used. Determine the
volume (liters) of each coating and thinner used during each month by
measurement or usage records.
(e) Calculate the mass of organic HAP emissions. The mass of
organic HAP emissions is the combined mass of organic HAP contained in
all coatings and thinners used during each month minus the organic HAP
in certain waste materials. Calculate it using Equation 1 of this
section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.001
Where:
He = Total mass of organic HAP emissions during the month,
kg.
A = Total mass of organic HAP in the coatings used during the month,
kg, as calculated in Equation 1A of this section.
B = Total mass of organic HAP in the thinners used during the month,
kg, as calculated in Equation 1B of this section.
Rw = Total mass of organic HAP in waste materials sent or
designated for shipment to a hazardous waste TSDF or other applicable
waste management location for treatment or disposal during the month,
kg, determined according to paragraph (e)(3) of this section. (You may
assign a value of zero to Rw if you do not wish to use this
allowance.)
(1) Calculate the mass of organic HAP in the coatings used during
the month using Equation 1A of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.002
Where:
A = Total mass of organic HAP in the coatings used during the month,
kg.
Volc,i = Total volume of coating, i, used during the month,
liters.
Dc,i = Density of coating, i, kg coating per liter coating.
Wc,i = Mass fraction of organic HAP in coating, i, kg
organic HAP per kg coating.
m = Number of different coatings used during the month.
(2) Calculate the mass of organic HAP in the thinners used during
the month using Equation 1B of this section.
[[Page 64457]]
[GRAPHIC] [TIFF OMITTED] TR47AD03.003
Where:
B = Total mass of organic HAP in the thinners used during the month,
kg.
Volt,j = Total volume of thinner, j, used during the month,
liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg
organic HAP per kg thinner.
n = Number of different thinners used during the month.
(3) If you choose to account for the mass of organic HAP contained
in waste materials sent or designated for shipment to a hazardous waste
TSDF or other applicable waste management location in Equation 1 of
this section, then you must determine it according to paragraphs
(e)(3)(i) through (iv) of this section.
(i) You may include in the determination only waste materials that
are generated by coating operations for which you use Equation 1 of
this section and that will be treated or disposed of by a facility
regulated as a TSDF under 40 CFR part 262, 264, 265, or 266 or
otherwise managed in accordance with applicable Federal and State waste
management regulations. The TSDF or other applicable waste management
location may be either offsite or onsite. You may not include organic
HAP contained in wastewater.
(ii) You must determine either the amount of the waste materials
sent to a TSDF, or other applicable waste management location, during
the month, or the amount collected and stored during the month and
designated for future transport to a TSDF or other applicable waste
management location. Do not include in your determination any waste
materials sent to a TSDF or other applicable waste management location
during a month if you have already included them in the amount
collected and stored during that month or a previous month.
(iii) Determine the total mass of organic HAP contained in the
waste materials specified in paragraph (e)(3)(ii) of this section.
(iv) You must document the methodology you used to determine the
amount of waste materials and the total mass of organic HAP they
contain as required in Sec. 63.3512(h). To the extent that waste
manifests include this information, they may be used as part of the
documentation of the amount of waste materials and mass of organic HAP
contained in them.
(f) Calculate the total volume of coating solids used. Determine
the total volume of coating solids used which is the combined volume of
coating solids for all the coatings used during each month using
Equation 2 of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.004
Where:
Vst = Total volume of coating solids used during the month,
liters.
Volc,i = Total volume of coating, i, used during the month,
liters.
Vs,i = Volume fraction of coating solids for coating, i,
liter solids per liter coating, determined according to Sec.
63.3521(b).
m = Number of coatings used during the month.
(g) Calculate the organic HAP emission rate. Calculate the organic
HAP emission rate for the 12-month compliance period, kg organic HAP
per liter coating solids used, using Equation 3 of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.005
Where:
Hyr = Organic HAP emission rate for the 12-month compliance
period, kg organic HAP per liter coating solids.
He = Total mass of organic HAP emissions, kg, from all
materials used during month, y, as calculated by Equation 1 of this
section.
Vst = Total volume of coating solids, liters, used during
month, y, as calculated by Equation 2 of this section.
y = Identifier for months.
(h) Compliance demonstration. The organic HAP emission rate for the
initial 12-month compliance period, Hyr, must be less than
or equal to the applicable emission limit in Sec. 63.3490. You must
keep all records as required by Sec. Sec. 63.3512 and 63.3513. As part
of the Notification of Compliance Status required by Sec. 63.3510, you
must identify the coating operation(s) for which you used the emission
rate without add-on controls option and submit a statement that the
coating operation(s) was (were) in compliance with the emission
limitations during the initial compliance period because the organic
HAP emission rate was less than or equal to the applicable emission
limit in Sec. 63.3490, determined according to this section.
(i) Alternative calculation of overall subcategory emission limit
(OSEL). Alternatively, if your affected source applies coatings in more
than one coating type segment within a subcategory, you may calculate
an overall HAP emission limit for the subcategory using Equation 4 of
this section. If you use this approach, you must limit organic HAP
emissions to the atmosphere to the OSEL specified by Equation 4 of this
section during each 12-month compliance period.
[GRAPHIC] [TIFF OMITTED] TR47AD03.006
Where:
OSEL = Total allowable organic HAP in kg HAP/liter coating solids
(pound (lb) HAP/gal solids) that can be emitted to the atmosphere from
all coating type segments in the subcategory.
Li = HAP emission limit for coating type segment i from
Table 1 for a new or reconstructed source or Table 2 for an existing
source, kg HAP/liter coating solids (lb HAP/gal solids).
Vi = Total volume of coating solids in liters (gal) for all
coatings in coating type segment i used during the 12-month compliance
period.
n = Number of coating type segments within one subcategory being used
at the affected source.
You must use the OSEL determined by Equation 4 of this section
throughout the 12-month compliance period and may not switch between
compliance with individual coating type limits and an OSEL. You may not
include coatings in different subcategories in determining your OSEL by
this approach. You must keep all records as required by Sec. Sec.
63.3512 and 63.3513. As part of the Notification of Compliance Status
required by Sec. 63.3510, you must identify the subcategory for which
you used a calculated OSEL and submit a statement that the coating
operation(s) was (were) in compliance with the emission limitations
during the initial compliance period because the organic HAP emission
rate for the subcategory
[[Page 64458]]
was less than or equal to the OSEL determined according to this
section.
Sec. 63.3532 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.
63.3531(a) through (g), must be less than or equal to the applicable
emission limit in Sec. 63.3490. Alternatively, if you calculate an
OSEL for all coating type segments within a subcategory according to
Sec. 63.3531(i), the organic HAP emission rate for the subcategory for
each compliance period must be less than or equal to the calculated
OSEL. You must use the calculated OSEL throughout each compliance
period. A compliance period consists of 12 months. Each month after the
end of the initial compliance period described in Sec. 63.3530 is the
end of a compliance period consisting of that month and the preceding
11 months. You must perform the calculations in Sec. 63.3531(a)
through (g) on a monthly basis using data from the previous 12 months
of operation.
(b) If the organic HAP emission rate for any 12-month compliance
period exceeded the applicable emission limit in Sec. 63.3490 or the
OSEL calculated according to Sec. 63.3531(i), this is a deviation from
the emission limitations for that compliance period and must be
reported as specified in Sec. Sec. 63.3510(c)(6) and 63.3511(a)(6).
(c) As part of each semiannual compliance report required by Sec.
63.3511, you must identify the coating operation(s) for which you used
the emission rate without add-on controls option. If there were no
deviations from the emission limitations, you must submit a statement
that the coating operation(s) was (were) in compliance with the
emission limitations during the reporting period because the organic
HAP emission rate for each compliance period was less than or equal to
the applicable emission limit in Sec. 63.3490 determined according to
Sec. 63.3531(a) through (g), or using the OSEL calculated according to
Sec. 63.3531(i).
(d) You must maintain records as specified in Sec. Sec. 63.3512
and 63.3513.
Compliance Requirements for the Emission Rate With Add-On Controls
Option
Sec. 63.3540 By what date must I conduct performance tests and other
initial compliance demonstrations?
(a) New and reconstructed affected sources. For a new or
reconstructed affected source, you must meet the requirements of
paragraphs (a)(1) through (4) of this section.
(1) All emission capture systems, add-on control devices, and CPMS
must be installed and operating no later than the applicable compliance
date specified in Sec. 63.3483. Except for solvent recovery systems
for which you conduct liquid-liquid material balances according to
Sec. 63.3541(i), you must conduct a performance test of each capture
system and add-on control device according to Sec. Sec. 63.3543,
63.3544, and 63.3545 and establish the operating limits required by
Sec. 63.3492 no later than 180 days after the applicable compliance
date specified in Sec. 63.3483. For a solvent recovery system for
which you conduct liquid-liquid material balances according to Sec.
63.3541(i), you must initiate the first material balance no later than
the applicable compliance date specified in Sec. 63.3483.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.3493 no later than the compliance date specified
in Sec. 63.3483.
(3) You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of Sec.
63.3541. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3483 and ends on the last day of
the 12th month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. You must determine the mass of organic HAP emissions and
volume of coating solids used each month and then calculate a 12-month
organic HAP emission rate at the end of the initial 12-month compliance
period. The initial compliance demonstration includes the results of
emission capture system and add-on control device performance tests
conducted according to Sec. Sec. 63.3543, 63.3544, and 63.3545;
results of liquid-liquid material balances conducted according to Sec.
63.3541(i); calculations according to Sec. 63.3541 and supporting
documentation showing that, during the initial compliance period, the
organic HAP emission rate was equal to or less than the emission limit
in Sec. 63.3490(a); the operating limits established during the
performance tests and the results of the continuous parameter
monitoring required by Sec. 63.3547; and documentation of whether you
developed and implemented the work practice plan required by Sec.
63.3493.
(4) You do not need to comply with the operating limits for the
emission capture system and add-on control device required by Sec.
63.3492 until after you have completed the performance tests specified
in paragraph (a)(1) of this section. Instead, you must maintain a log
detailing the operation and maintenance of the emission capture system,
add-on control device, and continuous parameter monitors during the
period between the compliance date and the performance test. You must
begin complying with the operating limits for your affected source on
the date you complete the performance tests specified in paragraph
(a)(1) of this section. The requirements in this paragraph (a)(4) do
not apply to solvent recovery systems for which you conduct liquid-
liquid material balances according to the requirements in Sec.
63.3541(i).
(b) Existing affected sources. For an existing affected source, you
must meet the requirements of paragraphs (b)(1) through (3) of this
section.
(1) All emission capture systems, add-on control devices, and CPMS
must be installed and operating no later than the applicable compliance
date specified in Sec. 63.3483. Except for solvent recovery systems
for which you conduct liquid-liquid material balances according to
Sec. 63.3541(i), you must conduct a performance test of each capture
system and add-on control device according to the procedures in
Sec. Sec. 63.3543, 63.3544, and 63.3545 and establish the operating
limits required by Sec. 63.3492 no later than the compliance date
specified in Sec. 63.3483. For a solvent recovery system for which you
conduct liquid-liquid material balances according to Sec. 63.3541(i),
you must initiate the first material balance no later than the
compliance date specified in Sec. 63.3483.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.3493 no later than the compliance date specified
in Sec. 63.3483.
(3) You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of Sec.
63.3541. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3483 and ends on the last day of
the 12th month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. You must determine the mass of organic HAP emissions and
volume of coating solids used each month and then calculate a 12-month
organic HAP emission rate at the end of the initial 12-month compliance
period. The initial compliance demonstration includes the results of
emission capture system and add-on control device performance tests
[[Page 64459]]
conducted according to Sec. Sec. 63.3543, 63.3544, and 63.3545;
results of liquid-liquid material balances conducted according to Sec.
63.3541(i); calculations according to Sec. 63.3541 and supporting
documentation showing that during the initial compliance period the
organic HAP emission rate was equal to or less than the emission limit
in Sec. 63.3490(b); the operating limits established during the
performance tests and the results of the continuous parameter
monitoring required by Sec. 63.3547; and documentation of whether you
developed and implemented the work practice plan required by Sec.
63.3493.
Sec. 63.3541 How do I demonstrate initial compliance?
(a) You may use the emission rate with add-on controls option for
any coating operation, for any group of coating operations within a
subcategory or coating type segment, or for all of the coating
operations within a subcategory or coating type segment. You may
include both controlled and uncontrolled coating operations in a group
for which you use this option. You must use either the compliant
material option, the emission rate without add-on controls option, or
the control efficiency/outlet concentration option for any coating
operation in the affected source for which you do not use the emission
rate with add-on controls option. To demonstrate initial compliance,
the coating operation(s) for which you use the emission rate with add-
on controls option must meet the applicable emission limitations in
Sec. 63.3490. You must conduct a separate initial compliance
demonstration for each one and two-piece draw and iron can body
coating, sheetcoating, three-piece can body assembly coating, and end
coating affected source. You must meet all the requirements of this
section to demonstrate initial compliance with the emission
limitations. When calculating the organic HAP emission rate according
to this section, do not include any coatings or thinners used on
coating operations for which you use the compliant material option, the
emission rate without add-on controls option, or the control
efficiency/outlet concentration option. You do not need to redetermine
the mass of organic HAP in coatings or thinners that have been
reclaimed onsite and reused in the coating operation(s) for which you
use the emission rate with add-on controls option.
(b) Compliance with operating limits. Except as provided in Sec.
63.3540(a)(4) and except for solvent recovery systems for which you
conduct liquid-liquid material balances according to the requirements
of Sec. 63.3541(i), you must establish and demonstrate continuous
compliance during the initial compliance period with the operating
limits required by Sec. 63.3492 using the procedures specified in
Sec. Sec. 63.3546 and 63.3547.
(c) Compliance with work practice requirements. You must develop,
implement, and document your implementation of the work practice plan
required by Sec. 63.3493 during the initial compliance period, as
specified in Sec. 63.3512.
(d) Compliance with emission limits. You must follow the procedures
in paragraphs (e) through (n) of this section to demonstrate compliance
with the applicable emission limit in Sec. 63.3490.
(e) Determine the mass fraction of organic HAP, density, volume
used, and volume fraction of coating solids. Follow the procedures
specified in Sec. 63.3531(a) through (d) to determine the mass
fraction of organic HAP, density, and volume of each coating and
thinner used during each month and the volume fraction of coating
solids for each coating used during each month.
(f) Calculate the total mass of organic HAP emissions before add-on
controls. Using Equation 1 of Sec. 63.3531, calculate the total mass
of organic HAP emissions before add-on controls from all coatings and
thinners used during each month in the coating operation or group of
coating operations for which you use the emission rate with add-on
controls option.
(g) Calculate the organic HAP emission reduction for each
controlled coating operation. Determine the mass of organic HAP
emissions reduced for each controlled coating operation during each
month. The emission reduction determination quantifies the total
organic HAP emissions that pass through the emission capture system and
are destroyed or removed by the add-on control device. Use the
procedures in paragraph (h) of this section to calculate the mass of
organic HAP emission reduction for each controlled coating operation
using an emission capture system and add-on control device other than a
solvent recovery system for which you conduct liquid-liquid material
balances. For each controlled coating operation using a solvent
recovery system for which you conduct a liquid-liquid material balance,
use the procedures in paragraph (j) of this section to calculate the
organic HAP emission reduction.
(h) Calculate the organic HAP emission reduction for each
controlled coating operation not using liquid-liquid material balances.
For each controlled coating operation using an emission capture system
and add-on control device, other than a solvent recovery system for
which you conduct liquid-liquid material balances, calculate the
organic HAP emission reduction, using Equation 1 of this section. The
calculation applies the emission capture system efficiency and add-on
control device efficiency to the mass of organic HAP contained in the
coatings, thinners, and cleaning materials that are used in the coating
operation served by the emission capture system and add-on control
device during each month. For any period of time a deviation specified
in Sec. 63.3542(c) or (d) occurs in the controlled coating operation,
including a deviation during a period of SSM, you must assume zero
efficiency for the emission capture system and add-on control device,
unless you have other data indicating the actual efficiency of the
emission capture system and add-on control device, and the use of these
data has been approved by the Administrator. 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] TR47AD03.007
Where:
Hc = Mass of organic HAP emission reduction for the
controlled coating operation during the month, kg.
Ac = Total mass of organic HAP in the coatings used in the
controlled coating operation during the month, kg, as calculated in
Equation 1A of this section.
Bc = Total mass of organic HAP in the thinners used in the
controlled coating operation during the month, kg, as calculated in
Equation 1B of this section.
[[Page 64460]]
Hunc = Total mass of organic HAP in the coatings, thinners,
and cleaning materials used during all deviations specified in Sec.
63.3542(c) and (d) that occurred during the month in the controlled
coating operation, kg, as calculated in Equation 1D of this section.
CE = Capture efficiency of the emission capture system vented to the
add-on control device, percent. Use the test methods and procedures
specified in Sec. Sec. 63.3543 and 63.3544 to measure and record
capture efficiency.
DRE = Organic HAP destruction or removal efficiency of the add-on
control device, percent. Use the test methods and procedures in
Sec. Sec. 63.3543 and 63.3545 to measure and record the organic HAP
destruction or removal efficiency.
(1) Calculate the mass of organic HAP in the coatings used in the
controlled coating operation, kg, using Equation 1A of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.008
Where:
Ac = Total mass of organic HAP in the coatings used in the
controlled coating operation during the month, kg.
Volc,i = Total volume of coating, i, used during the month,
liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per
kg.
m = Number of different coatings used.
(2) Calculate the mass of organic HAP in the thinners used in the
controlled coating operation, kg, using Equation 1B of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.009
Where:
Bc = Total mass of organic HAP in the thinners used in the
controlled coating operation during the month, kg.
Volt,j = Total volume of thinner, j, used during the month,
liters.
Dt,j = Density of thinner, j, kg per liter thinner.
Wt,j = Mass fraction of organic HAP in thinner, j, kg
organic HAP per kg thinner.
n = Number of different thinners used.
(3) Calculate the mass of organic HAP in the cleaning materials
used in the controlled coating operation during the month, kg, using
Equation 1C of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.010
Where:
Cc = Total mass of organic HAP in the cleaning materials
used in the controlled coating operation during the month, kg.
Vols,k = Total volume of cleaning material, k, used during
the month, liters.
Ds,k = Density of cleaning material, k, kg per liter.
Ws,k = Mass fraction of organic HAP in cleaning material, k,
kg per kg.
p = Number of different cleaning materials used.
(4) Calculate the mass of organic HAP in the coatings, thinners,
and cleaning materials used in the controlled coating operation during
deviations specified in Sec. 63.3542(c) and (d), using Equation 1D of
this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.011
Where:
Hunc = Total mass of organic HAP in the coatings, thinners,
and cleaning materials used during all deviations specified in Sec.
63.3542(c) and (d) that occurred during the month in the controlled
coating operation, kg.
Volh = Total volume of coating, thinner, or cleaning
material, h, used in the controlled coating operation during
deviations, liters.
Dh = Density of coating, thinner, or cleaning material, h,
kg per liter.
Wh = Mass fraction of organic HAP in coating, thinner, or
cleaning material, h, kg organic HAP per kg coating.
q = Number of different coatings, thinners, or cleaning materials.
(i) Calculate the organic HAP emission reduction for each
controlled coating operation using liquid-liquid material balances. For
each controlled coating operation using a solvent recovery system for
which you conduct liquid-liquid material balances, calculate the
organic HAP emission reduction by applying the volatile organic matter
collection and recovery efficiency to the mass of organic HAP contained
in the coatings and thinners that are used in the coating operation
controlled by the solvent recovery system during each month. Perform a
liquid-liquid material balance for each
[[Page 64461]]
month as specified in paragraphs (i)(1) through (6) of this section.
Calculate the mass of organic HAP emission reduction by the solvent
recovery system as specified in paragraph (i)(7) of this section.
(1) For each solvent recovery system, install, calibrate, maintain,
and operate according to the manufacturer's specifications, a device
that indicates the cumulative amount of volatile organic matter
recovered by the solvent recovery system each month.
(2) For each solvent recovery system, determine the mass of
volatile organic matter recovered for the month, kg, based on
measurement with the device required in paragraph (i)(1) of this
section.
(3) Determine the mass fraction of volatile organic matter for each
coating and thinner used in the coating operation controlled by the
solvent recovery system during the month, kg volatile organic matter
per kg coating. You may determine the volatile organic matter mass
fraction using Method 24 of 40 CFR part 60, appendix A, or an EPA
approved alternative method, or you may use information provided by the
manufacturer or supplier of the coating. In the event of any
inconsistency between information provided by the manufacturer or
supplier and the results of Method 24 of 40 CFR part 60, appendix A, or
an approved alternative method, the test method results will take
precedence unless, after consultation, a regulated source can
demonstrate to the satisfaction of the enforcement agency that the
formulation data are correct.
(4) Determine the density of each coating and thinner used in the
coating operation controlled by the solvent recovery system during the
month, kg per liter, according to Sec. 63.3531(c).
(5) Measure the volume of each coating, thinner, and cleaning
material used in the coating operation controlled by the solvent
recovery system during the month, liters.
(6) Each month, calculate the solvent recovery system's volatile
organic matter collection and recovery efficiency, using Equation 2 of
this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.012
Where:
RV = Volatile organic matter collection and recovery
efficiency of the solvent recovery system during the month, percent.
MVR = Mass of volatile organic matter recovered by the
solvent recovery system during the month, kg.
Voli = Volume of coating, i, used in the coating operation
controlled by the solvent recovery system during the month, liters.
Di = Density of coating, i, kg per liter.
WVc,i = Mass fraction of volatile organic matter for
coating, i, kg volatile organic matter per kg coating.
Volj = Volume of thinner, j, used in the coating operation
controlled by the solvent recovery system during the month, liters.
Dj = Density of thinner, j, kg per liter.
WVt, j = Mass fraction of volatile organic matter for
thinner, j, kg volatile organic matter per kg thinner.
m = Number of different coatings used in the coating operation
controlled by the solvent recovery system during the month.
n = Number of different thinners used in the coating operation
controlled by the solvent recovery system during the month.
(7) Calculate the mass of organic HAP emission reduction for the
coating operation controlled by the solvent recovery system during the
month using Equation 3 of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.013
Where:
HCSR = Mass of organic HAP emission reduction for the
coating operation controlled by the solvent recovery system using a
liquid-liquid material balance during the month, kg.
ACSR = Total mass of organic HAP in the coatings used in the
coating operation controlled by the solvent recovery system, kg,
calculated using Equation 3A of this section.
BCSR = Total mass of organic HAP in the thinners used in the
coating operation controlled by the solvent recovery system, kg,
calculated using Equation 3B of this section.
RV = Volatile organic matter collection and recovery
efficiency of the solvent recovery system, percent, from Equation 2 of
this section.
(i) Calculate the mass of organic HAP in the coatings used in the
coating operation controlled by the solvent recovery system, kg, using
Equation 3A of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.014
Where:
ACSR = Total mass of organic HAP in the coatings used in the
coating operation controlled by the solvent recovery system during the
month, kg.
Volc,i = Total volume of coating, i, used during the month
in the coating operation controlled by the solvent recovery system,
liters.
Dc,i = Density of coating, i, kg per liter.
Wc,i = Mass fraction of organic HAP in coating, i, kg per
kg.
m = Number of different coatings used.
(ii) Calculate the mass of organic HAP in the thinners used in the
coating operation controlled by the solvent
[[Page 64462]]
recovery system using Equation 3B of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.015
Where:
BCSR = Total mass of organic HAP in the thinners used in the
coating operation controlled by the solvent recovery system during the
month, kg.
Volt,j = Total volume of thinner, j, used during the month
in the coating operation controlled by the solvent recovery system,
liters.
Dt,j = Density of thinner, j, kg per liter.
Wt,j = Mass fraction of organic HAP in thinner, j, kg per
kg.
n = Number of different thinners used.
(j) Calculate the total volume of coating solids used. Determine
the total volume of coating solids used, which is the combined volume
of coating solids for all the coatings used during each month in the
coating operation or group of coating operations for which you use the
emission rate with add-on controls option, using Equation 2 of Sec.
63.3531.
(k) Calculate the mass of organic HAP emissions for each month.
Determine the mass of organic HAP emissions during each month using
Equation 4 of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.016
Where:
HHAP = Total mass of organic HAP emissions for the month,
kg.
He = Total mass of organic HAP emissions before add-on
controls from all the coatings and thinners used during the month, kg,
determined according to paragraph (f) of this section.
HC,i = Total mass of organic HAP emission reduction for
controlled coating operation, i, not using a liquid-liquid material
balance, during the month, kg, from Equation 1 of this section.
HCSR,j = Total mass of organic HAP emission reduction for
coating operation, j, controlled by a solvent recovery system using a
liquid-liquid material balance, during the month, kg, from Equation 3
of this section.
q = Number of controlled coating operations not using a liquid-liquid
material balance.
r = Number of coating operations controlled by a solvent recovery
system using a liquid-liquid material balance.
(l) Calculate the organic HAP emission rate for the 12-month
compliance period. Determine the organic HAP emission rate for the 12-
month compliance period, kg organic HAP per liter coating solids used,
using Equation 5 of this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.017
Where:
Hannual = Organic HAP emission rate for the 12-month
compliance period, kg organic HAP per liter coating solids.
HHAP,y = Organic HAP emission rate for month, y, determined
according to Equation 4 of this section.
Vst,y = Total volume of coating solids used during month, y,
liters, from Equation 2 of Sec. 63.3531.
y = Identifier for months.
(m) Compliance demonstration. To demonstrate initial compliance
with the emission limit, the organic HAP emission rate, calculated
using Equation 5 of this section, must be less than or equal to the
applicable emission limit in Sec. 63.3490. You must keep all records
as required by Sec. Sec. 63.3512 and 63.3513. As part of the
Notification of Compliance Status required by Sec. 63.3510, you must
identify the coating operation(s) for which you used the emission rate
with add-on controls option and submit a statement that the coating
operation(s) was in compliance with the emission limitations during the
initial compliance period because the organic HAP emission rate was
less than or equal to the applicable emission limit in Sec. 63.3490,
and you achieved the operating limits required by Sec. 63.3492 and the
work practice standards required by Sec. 63.3493.
(n) Alternative calculation of overall subcategory emission limit.
Alternatively, if your affected source applies coatings in more than
one coating type segment within a subcategory, you may calculate an
overall HAP emission limit for the subcategory using Equation 4 of
Sec. 63.3531. If you use this approach, you must limit organic HAP
emissions to the atmosphere to the OSEL specified by Equation 4 of
Sec. 63.3531 during each 12-month compliance period. You must use the
OSEL determined by Equation 4 of Sec. 63.3531 throughout the 12-month
compliance period and may not switch between compliance with individual
coating type limits and an OSEL. If you follow this approach, you may
not include coatings in different subcategories in determining your
OSEL. You must keep all records as required by Sec. Sec. 63.3512 and
63.3513. As part of the Notification of Compliance Status required by
Sec. 63.3510, you must identify the subcategory for which you used a
calculated OSEL and submit a statement that the coating operation(s)
was in compliance with the emission limitations during the initial
compliance period because the organic HAP emission rate for the
subcategory was less than or equal to the OSEL determined according to
this section.
Sec. 63.3542 How do I demonstrate continuous compliance with the
emission limitations?
(a) To demonstrate continuous compliance with the applicable
emission limit in Sec. 63.3490, the organic HAP emission rate for each
compliance period, determined according to the procedures in Sec.
63.3541, must be equal to or less than the applicable emission
[[Page 64463]]
limit in Sec. 63.3490. Alternatively, if you calculate an OSEL for all
coating type segments within a subcategory according to Sec.
63.3531(i), the organic HAP emission rate for the subcategory for each
compliance period must be less than or equal to the calculated OSEL.
You must use the calculated OSEL throughout each compliance period. A
compliance period consists of 12 months. Each month after the end of
the initial compliance period described in Sec. 63.3540 is the end of
a compliance period consisting of that month and the preceding 11
months. You must perform the calculations in Sec. 63.3541 on a monthly
basis using data from the previous 12 months of operation.
(b) If the organic HAP emission rate for any 12-month compliance
period exceeded the applicable emission limit in Sec. 63.3490, that is
a deviation from the emission limitation for that compliance period and
must be reported as specified in Sec. Sec. 63.3510(b)(6) and
63.3511(a)(7).
(c) You must demonstrate continuous compliance with each operating
limit required by Sec. 63.3492 that applies to you as specified in
Table 4 to this subpart.
(1) If an operating parameter is out of the allowed range specified
in Table 4 to this subpart, this is a deviation from the operating
limit that must be reported as specified in Sec. Sec. 63.3510(b)(6)
and 63.3511(a)(7).
(2) If an operating parameter deviates from the operating limit
specified in Table 4 to this subpart, then you must assume that the
emission capture system and add-on control device were achieving zero
efficiency during the time period of the deviation, unless you have
other data indicating the actual efficiency of the emission capture
system and add-on control device, and the use of these data has been
approved by the Administrator. For the purposes of completing the
compliance calculations specified in Sec. 63.3541(h), you must treat
the materials used during a deviation on a controlled coating operation
as if they were used on an uncontrolled coating operation for the time
period of the deviation as indicated in Equation 1 of Sec. 63.3541.
(d) You must meet the requirements for bypass lines in Sec.
63.3547(b) for controlled coating operations for which you do not
conduct liquid-liquid material balances. If any bypass line is opened
and emissions are diverted to the atmosphere when the coating operation
is running, this is a deviation that must be reported as specified in
Sec. Sec. 63.3510(b)(6) and 63.3511(a)(7). For the purposes of
completing the compliance calculations specified in Sec. 63.3541(h),
you must treat the materials used during a deviation on a controlled
coating operation as if they were used on an uncontrolled coating
operation for the time period of the deviation as indicated in Equation
1 of Sec. 63.3541.
(e) You must demonstrate continuous compliance with the work
practice standards in Sec. 63.3493. If you did not develop a work
practice plan or you did not implement the plan or you did not keep the
records required by Sec. 63.3512(j)(8), that is a deviation from the
work practice standards that must be reported as specified in
Sec. Sec. 63.3510(b)(6) and 63.3511(a)(7).
(f) As part of each semiannual compliance report required in Sec.
63.3511, you must identify the coating operation(s) for which you used
the emission rate with add-on controls option. If there were no
deviations from the emission limitations, submit a statement that you
were in compliance with the emission limitations during the reporting
period because the organic HAP emission rate for each compliance period
was less than or equal to the applicable emission limit in Sec.
63.3490, and you achieved the operating limits required by Sec.
63.3492 and the work practice standards required by Sec. 63.3493
during each compliance period.
(g) During periods of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency, you must
operate in accordance with the SSMP required by Sec. 63.3500(c).
(h) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with the SSMP. The Administrator will
determine whether deviations that occur during a period you identify as
a startup, shutdown, or malfunction are violations according to the
provisions in Sec. 63.6(e).
(i) You must maintain records as specified in Sec. Sec. 63.3512
and 63.3513.
Sec. 63.3543 What are the general requirements for performance tests?
(a) You must conduct each performance test required by Sec.
63.3540 according to the requirements in Sec. 63.7(e)(1) and under the
conditions in this section unless you obtain a waiver of the
performance test according to the provisions in Sec. 63.7(h).
(1) Representative coating operation operating conditions. You must
conduct the performance test under representative operating conditions
for the coating operation. Operations during periods of startup,
shutdown, or malfunction and during periods of nonoperation do not
constitute representative conditions. You must record the process
information that is necessary to document operating conditions during
the test and explain why the conditions represent normal operation.
(2) Representative emission capture system and add-on control
device operating conditions. You must conduct the performance test when
the emission capture system and add-on control device are operating at
a representative flow rate and the add-on control device is operating
at a representative inlet concentration. You must record information
that is necessary to document emission capture system and add-on
control device operating conditions during the test and explain why the
conditions represent normal operation.
(b) You must conduct each performance test of an emission capture
system according to the requirements in Sec. 63.3544. You must conduct
each performance test of an add-on control device according to the
requirements in Sec. 63.3545.
Sec. 63.3544 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. 63.3540.
(a) Assuming 100 percent capture efficiency. You may assume the
capture system efficiency is 100 percent if both of the conditions in
paragraphs (a)(1) and (2) of this section are met:
(1) The capture system meets the criteria in Method 204 of appendix
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from
the enclosure to an add-on control device.
(2) All coatings and thinners used in the coating operation are
applied within the capture system, and coating solvent flash-off,
curing, and drying occurs within the capture system. For example, the
criterion is not met if parts enter the open shop environment when
being moved between a spray booth and a curing oven.
(b) Measuring capture efficiency. If the capture system does not
meet both of the criteria in paragraphs (a)(1) and (2) of this section,
then you must use one of the three protocols described in
[[Page 64464]]
paragraphs (c), (d), and (e) of this section to measure capture
efficiency. The capture efficiency measurements use TVH capture
efficiency as a surrogate for organic HAP capture efficiency. For the
protocols in paragraphs (c) and (d) of this section, the capture
efficiency measurement must consist of three test runs. Each test run
must be at least 3 hours duration or the length of a production run,
whichever is longer, up to 8 hours. For the purposes of this test, a
production run means the time required for a single part to go from the
beginning to the end of production, which includes surface preparation
activities and drying or curing time.
(c) Liquid-to-uncaptured-gas protocol using a temporary total
enclosure or building enclosure. The liquid-to-uncaptured-gas protocol
compares the mass of liquid TVH in materials used in the coating
operation to the mass of TVH emissions not captured by the emission
capture system. Use a TTE or a building enclosure and the procedures in
paragraphs (c)(1) through (6) of this section to measure emission
capture system efficiency using the liquid-to-uncaptured-gas protocol.
(1) Either use a building enclosure or construct an enclosure
around the coating operation where coatings and thinners are applied
and all areas where emissions from these applied coatings and materials
subsequently occur, such as flash-off, curing, and drying areas. The
areas of the coating operation where capture devices collect emissions
for routing to an add-on control device, such as the entrance and exit
areas of an oven or spray booth, must also be inside the enclosure. The
enclosure must meet the applicable definition of a TTE or building
enclosure in Method 204 of appendix M to 40 CFR part 51.
(2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to
determine the mass fraction of TVH liquid input from each coating and
thinner used in the coating operation during each capture efficiency
test run. To make the determination, substitute TVH for each occurrence
of the term volatile organic compounds (VOC) in the methods.
(3) Use Equation 1 of this section to calculate the total mass of
TVH liquid input from all the coatings and thinners used in the coating
operation during each capture efficiency test run.
[GRAPHIC] [TIFF OMITTED] TR47AD03.018
Where:
TVHused = Total mass of liquid TVH in materials used in the
coating operation during the capture efficiency test run, kg.
TVHi = Mass fraction of TVH in coating or thinner, i, that
is used in the coating operation during the capture efficiency test
run, kg TVH per kg material.
Voli = Total volume of coating or thinner, i, used in the
coating operation during the capture efficiency test run, liters.
Di = Density of coating or thinner, i, kg material per liter
material.
n = Number of different coatings and thinners used in the coating
operation during the capture efficiency test run.
(4) Use Method 204D or 204E of appendix M to 40 CFR part 51 to
measure the total mass, kg, of TVH emissions that are not captured by
the emission capture system; they are measured as they exit the TTE or
building enclosure during each capture efficiency test run. To make the
measurement, substitute TVH for each occurrence of the term VOC in the
methods.
(i) Use Method 204D of appendix M to 40 CFR part 51 if the
enclosure is a TTE.
(ii) Use Method 204E of appendix M to 40 CFR part 51 if the
enclosure is a building enclosure. During the capture efficiency
measurement, all organic compound emitting operations inside the
building enclosure other than the coating operation for which capture
efficiency is being determined must be shut down but all fans and
blowers must be operating normally.
(5) For each capture efficiency test run, determine the percent
capture efficiency of the emission capture system using Equation 2 of
this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.019
Where:
CE = Capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVHused = Total mass of liquid TVH used in the coating
operation during the capture efficiency test run, kg.
TVHuncaptured = Total mass of TVH that is not captured by
the emission capture system and that exits from the TTE or building
enclosure during the capture efficiency test run, kg, determined
according to paragraph (c)(4) of this section.
(6) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(d) Gas-to-gas protocol using a temporary total enclosure or a
building enclosure. The gas-to-gas protocol compares the mass of TVH
emissions captured by the emission capture system to the mass of TVH
emissions not captured. Use a TTE or a building enclosure and the
procedures in paragraphs (d)(1) through (5) of this section to measure
emission capture system efficiency using the gas-to-gas protocol.
(1) Either use a building enclosure or construct an enclosure
around the coating operation where coatings and thinners are applied
and all areas where emissions from these applied coatings and materials
subsequently occur, such as flash-off, curing, and drying areas. The
areas of the coating operation where capture devices collect emissions
generated by the coating operation for routing to an add-on control
device, such as the entrance and exit areas of an oven or a spray
booth, must also be inside the enclosure. The enclosure must meet the
applicable definition of a TTE or building enclosure in Method 204 of
appendix M to 40 CFR part 51.
(2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to
measure the total mass, kg, of TVH
[[Page 64465]]
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 Method 204B or 204C of appendix M to 40
CFR part 51 measurement must be upstream from the add-on control device
and must represent total emissions routed from the capture system and
entering the add-on control device.
(ii) If multiple emission streams from the capture system enter the
add-on control device without a single common duct, then the emissions
entering the add-on control device must be simultaneously measured in
each duct, and the total emissions entering the add-on control device
must be determined.
(3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to
measure the total mass, kg, of TVH emissions that are not captured by
the emission capture system; they are measured as they exit the TTE or
building enclosure during each capture efficiency test run. To make the
measurement, substitute TVH for each occurrence of the term VOC in the
methods.
(i) Use Method 204D of appendix M to 40 CFR part 51 if the
enclosure is a TTE.
(ii) Use Method 204E of appendix M to 40 CFR part 51 if the
enclosure is a building enclosure. During the capture efficiency
measurement, all organic compound emitting operations inside the
building enclosure, other than the coating operation for which capture
efficiency is being determined, must be shut down but all fans and
blowers must be operating normally.
(4) For each capture efficiency test run, determine the percent
capture efficiency of the emission capture system using Equation 3 of
this section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.020
Where:
CE = Capture efficiency of the emission capture system vented to the
add-on control device, percent.
TVHcaptured = Total mass of TVH captured by the emission
capture system as measured at the inlet to the add-on control device
during the emission capture efficiency test run, kg, determined
according to paragraph (d)(2) of this section.
TVHuncaptured = Total mass of TVH that is not captured by
the emission capture system and that exits from the TTE or building
enclosure during the capture efficiency test run, kg, determined
according to paragraph (d)(3) of this section.
(5) Determine the capture efficiency of the emission capture system
as the average of the capture efficiencies measured in the three test
runs.
(e) Alternative capture efficiency protocol. As an alternative to
the procedures specified in paragraphs (c) and (d) of this section, you
may determine capture efficiency using any other capture efficiency
protocol and test methods that satisfy the criteria of either the DQO
or LCL approach as described in appendix A to subpart KK of this part.
Sec. 63.3545 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. 63.3540.
You must conduct three test runs as specified in Sec. 63.7(e)(3) and
each test run must last at least 1 hour.
(a) For all types of add-on control devices, use the test methods
specified in paragraphs (a)(1) through (5) of this section.
(1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as
appropriate, to select sampling sites and velocity traverse points.
(2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR
part 60, as appropriate, to measure gas volumetric flow rate.
(3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as
appropriate, for gas analysis to determine dry molecular weight. You
may also use as an alternative to Method 3B the manual method for
measuring the oxygen, carbon dioxide, and carbon monoxide content of
exhaust gas in ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses [Part 10, Instruments and Apparatus]'' (incorporated by
reference, see Sec. 63.14).
(4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack
gas moisture.
(5) Methods for determining gas volumetric flow rate, dry molecular
weight, and stack gas moisture must be performed, as applicable, during
each test run.
(b) Measure total gaseous organic mass emissions as carbon at the
inlet and outlet of the add-on control device simultaneously using
either Method 25 or 25A of appendix A to 40 CFR part 60 as specified in
paragraphs (b)(1) through (5) of this section. You must use the same
method for both the inlet and outlet measurements.
(1) Use Method 25 of appendix A to 40 CFR part 60 if the add-on
control device is an oxidizer and you expect the total gaseous organic
concentration as carbon to be more than 50 ppm at the control device
outlet.
(2) Use Method 25A of appendix A to 40 CFR part 60 if the add-on
control device is an oxidizer and you expect the total gaseous organic
concentration as carbon to be 50 ppm or less at the control device
outlet.
(3) Use Method 25A of appendix A to 40 CFR part 60 if the add-
control device is not an oxidizer.
(4) You may use Method 18 of appendix A to 40 CFR part 60 to
subtract methane emissions from measured total gaseous organic mass
emissions as carbon.
(5) Alternatively, any other test method or data that have been
validated according to the applicable procedures in Method 301 of 40
CFR part 63, appendix A, and approved by the Administrator, may be
used.
(c) If two or more add-on control devices are used for the same
emission stream, then you must measure emissions at the outlet of each
device. For example, if one add-on control device is a concentrator
with an outlet for the high-volume dilute stream that has been treated
by the concentrator, and a second add-on control device is an oxidizer
with an outlet for the low-volume concentrated stream that is treated
with the oxidizer, you must measure emissions at the outlet of the
oxidizer and the high-volume dilute stream outlet of the concentrator.
(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
[[Page 64466]]
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] TR47AD03.021
Where:
Mf = Total gaseous organic emissions mass flow rate, kg per
hour (kg/h).
Cc = Concentration of organic compounds as carbon in the
vent gas, as determined by Method 25 or Method 25A, ppmvd.
Qsd = Volumetric flow rate of gases entering or exiting the
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or
2G, dry standard cubic meters/hour (dscm/h).
Note: If Mf is calculated in English units (lb/h),
the conversion factor for molar volume is 0.00256 lb-moles per cubic
foot (mol/ft\3\).
(e) For each test run, determine the add-on control device organic
emissions destruction or removal efficiency, using Equation 2 of this
section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.022
Where:
DRE = Organic emissions destruction or removal efficiency of the add-on
control device, percent.
Mfi = Total gaseous organic emissions mass flow rate at the
inlet(s) to the add-on control device, using Equation 1 of this
section, kg/h.
Mfo = Total gaseous organic emissions mass flow rate at the
outlet(s) of the add-on control device, using Equation 1 of this
section, kg/h.
(f) Determine the emission destruction or removal efficiency of the
add-on control device as the average of the efficiencies determined in
the three test runs and calculated in Equation 2 of this section.
Sec. 63.3546 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. 63.3540 and described
in Sec. Sec. 63.3543, 63.3544, and 63.3545, you must establish the
operating limits required by Sec. 63.3492 unless you have received
approval for alternative monitoring and operating limits under Sec.
63.8(f) as specified in Sec. 63.3492.
(a) Thermal oxidizers. If your add-on control device is a thermal
oxidizer, establish the operating limits according to paragraphs (a)(1)
and (2) of this section.
(1) During the performance test, you must monitor and record the
combustion temperature at least once every 15 minutes during each of
the three test runs. You must monitor the temperature in the firebox of
the thermal oxidizer or immediately downstream of the firebox before
any substantial heat exchange occurs.
(2) Use the data collected during the performance test to calculate
and record the average combustion temperature maintained during the
performance test. That average combustion temperature is the minimum
operating limit for your thermal oxidizer.
(b) Catalytic oxidizers. If your add-on control device is a
catalytic oxidizer, establish the operating limits according to either
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
(1) During the performance test, you must monitor and record the
temperature at the inlet to 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 at the inlet to the catalyst bed and
the average temperature difference across the catalyst bed maintained
during the performance test. The average temperature difference is the
minimum operating limit for your catalytic oxidizer.
(3) As an alternative to monitoring the temperature difference
across the catalyst bed, you may monitor the temperature at the inlet
to the catalyst bed and implement a site-specific inspection and
maintenance plan for your catalytic oxidizer as specified in paragraph
(b)(4) of this section. During the performance test, you must monitor
and record the temperature at the inlet to 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 at the inlet to the catalyst bed during the
performance test. That is the minimum operating limit for your
catalytic oxidizer.
(4) You must develop and implement an inspection and maintenance
plan for your catalytic oxidizer(s) for which you elect to monitor
according to paragraph (b)(3) of this section. The plan must address,
at a minimum, the elements specified in paragraphs (b)(4)(i) through
(iii) of this section.
(i) Annual sampling and analysis of the catalyst activity (i.e,
conversion efficiency) following the manufacturer's or catalyst
supplier's recommended procedures.
(ii) Monthly inspection of the oxidizer system, including the
burner assembly and fuel supply lines for problems and, as necessary,
adjust the equipment to assure proper air-to-fuel mixtures.
(iii) Annual internal and monthly external visual inspection of the
catalyst bed to check for channeling, abrasion, and settling. If
problems are found, you must take corrective action consistent with the
manufacturer's recommendations and conduct a new performance test to
determine destruction efficiency according to Sec. 63.3545.
(c) Regenerative oxidizers. If your add-on control device is a
regenerative oxidizer, establish operating limits according to
paragraphs (c)(1) and (2) of this section.
(1) You must establish all applicable operating limits according to
paragraphs (a) and (b) of this section.
(2) You must submit a valve inspection plan that documents the
steps taken to minimize the amount of leakage during the regenerative
process. This plan can include, but is not limited to, routine
inspection of key parameters of the valve operating system (e.g.,
solenoid valve operation, air pressure, hydraulic pressure); visual
inspection of the valves during internal inspections; and/or actual
testing of the emission stream for leakage.
(d) Carbon adsorbers. If your add-on control device is a carbon
adsorber, establish the operating limits according to paragraphs (d)(1)
and (2) of this section.
(1) You must monitor and record the total regeneration desorbing
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle,
and the carbon bed temperature after each carbon bed regeneration and
cooling cycle for the regeneration cycle either immediately preceding
or immediately following the performance test.
[[Page 64467]]
(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.
(e) Condensers. If your add-on control device is a condenser,
establish the operating limits according to paragraphs (e)(1) and (2)
of this section.
(1) During the performance test, 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.
(f) Concentrators. If your add-on control device includes a
concentrator, you must establish operating limits for the concentrator
according to paragraphs (f)(1) through (7) of this section.
(1) During the performance test, monitor and record the inlet
temperature to the desorption/reactivation zone of the concentrator 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/reactivation zone inlet temperature.
(3) During the performance test, monitor and record an indicator(s)
of performance for the desorption/reactivation fan operation at least
once every 15 minutes during each of the three runs of the performance
test. The indicator can be speed in revolutions per minute (rpm), power
in amps, static pressure, or flow rate.
(4) Establish a suitable range for the parameter(s) selected based
on the system design specifications, historical data, and/or data
obtained concurrent with an emissions performance test. This is the
operation limit range for the desorption/reactivation fan operation.
(5) During the performance test, monitor the rotational speed of
the concentrator at least once every 15 minutes during each of the
three runs of the performance test.
(6) Use the data collected during the performance test to calculate
and record the average rotational speed. This is the minimum operating
limit for the rotational speed of the concentrator. However, the
indicator range for the rotational speed may be changed if an
engineering evaluation is conducted and a determination made that the
change in speed will not affect compliance with the emission limit.
(7) Develop and implement an inspection and maintenance plan for
the concentrator(s) that you elect to monitor according to paragraph
(f) of this section. The plan must include, at a minimum, annual
sampling and analysis of the absorbent material (i.e., adsorbent
activity) following the manufacturer's recommended procedures.
(g) Emission capture systems. For each capture device that is not
part of a PTE that meets the criteria of Sec. 63.3544(a), establish an
operating limit for either the gas volumetric flow rate or duct static
pressure, as specified in paragraphs (g)(1) and (2) of this section.
The operating limit for a PTE is specified in Table 4 to this subpart.
(1) During the capture efficiency determination required by Sec.
63.3540 and described in Sec. Sec. 63.3543 and 63.3544, you must
monitor and record either the gas volumetric flow rate or the duct
static pressure for each separate capture device in your emission
capture system at least once every 15 minutes during each of the three
test runs at a point in the duct between the capture device and the
add-on control device inlet.
(2) Calculate and record the average gas volumetric flow rate or
duct static pressure for the three test runs for each capture device.
This average gas volumetric flow rate or duct static pressure is the
minimum operating limit for that specific capture device.
Sec. 63.3547 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?
(a) General. You must install, operate, and maintain each CPMS
specified in paragraphs (c), (e), (f), and (g) of this section
according to paragraphs (a)(1) through (6) of this section. You must
install, operate, and maintain each CPMS specified in paragraphs (b)
and (d) of this section according to paragraphs (a)(3) through (5) of
this section.
(1) The CPMS must complete a minimum of one cycle of operation for
each successive 15-minute period. You must have a minimum of four
equally spaced successive cycles of CPMS operation in 1 hour.
(2) You must determine the average of all recorded readings for
each successive 3-hour period of the emission capture system and add-on
control device operation.
(3) You must record the results of each inspection, calibration,
and validation check of the CPMS.
(4) You must maintain the CPMS at all times and have available
necessary parts for routine repairs of the monitoring equipment.
(5) You must operate the CPMS and collect emission capture system
and add-on control device parameter data at all times that a controlled
coating operation is operating, except during monitoring malfunctions,
associated repairs, and required quality assurance or control
activities (including, if applicable, calibration checks and required
zero and span adjustments).
(6) You must not use emission capture system or add-on control
device parameter data recorded during monitoring malfunctions,
associated repairs, out of control periods, or required quality
assurance or control activities when calculating data averages. You
must use all the data collected during all other periods in calculating
the data averages for determining compliance with the emission capture
system and add-on control device operating limits.
(7) A monitoring malfunction is any sudden, infrequent, not
reasonably preventable failure of the CPMS to provide valid data.
Monitoring failures that are caused in part by poor maintenance or
careless operation are not malfunctions. Any period for which the
monitoring system is out of control and data are not available for
required calculations is a deviation from the monitoring requirements.
(b) Capture system bypass line. You must meet the requirements of
paragraph (b)(1) or (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) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. The flow indicator
shall be installed at the entrance to any bypass line.
(2) Secure the bypass line valve in the nondiverting position with
a car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism shall be performed at least once every
month to ensure the valve is maintained in the nondiverting position
and the vent stream is not diverted through the bypass line.
(c) Thermal oxidizers and catalytic oxidizers. If you are using a
thermal oxidizer or catalytic oxidizer as an add-on control device
(including those used with concentrators or with carbon adsorbers to
treat desorbed concentrate streams), you must comply with the
requirements in paragraphs (c)(1) through (3) of this section.
[[Page 64468]]
(1) For a thermal oxidizer, install a gas temperature monitor in
the firebox of the thermal oxidizer or in the duct immediately
downstream of the firebox before any substantial heat exchange occurs.
(2) For a catalytic oxidizer, install a gas temperature monitor
according to paragraph (c)(2)(i) or (ii) of this section.
(i) If you establish operating limits according to Sec.
63.3546(b)(1) and (2), then you must install the gas temperature
monitors both upstream and downstream of the catalyst bed. The
temperature monitors must be in the gas stream at the inlet to and the
outlet of the catalyst bed to measure the temperature difference across
the bed.
(ii) If you establish operating limits according to Sec.
63.3546(b)(3) and (4), then you must install a gas temperature monitor
upstream of the catalyst bed. The temperature monitor must be in the
gas stream at the inlet to the catalyst bed to measure the temperature.
(3) For all thermal oxidizers and catalytic oxidizers, you must
meet the requirements in paragraphs (a) and (c)(3)(i) through (ii) 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 minimum accuracy of +/-1.2
degrees Celsius or +/-1 percent of the temperature value in degrees
Celsius, whichever is larger.
(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 an accuracy of +/-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 minimum accuracy
of +/-1.2 degrees Celsius or +/-1 percent of the temperature value in
degrees Celsius, whichever is larger, 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 minimum accuracy of +/-
1 percent of the temperature recorded in degrees Celsius or +/-1.2
degrees Celsius, whichever is greater.
(2) The temperature monitor must provide a continuous gas
temperature record.
(f) Concentrators. If you are using a concentrator such as a
zeolite wheel or rotary carbon bed concentrator, you must comply with
the requirements in paragraphs (f)(1) through (4) of this section.
(1) You must install a temperature monitor at the inlet to the
desorption/reactivation zone of the concentrator. The temperature
monitor must meet the requirements in paragraphs (a) and (c)(3) of this
section.
(2) You must select an indicator(s) of performance of the
desorption/reactivation fan operation, such as speed, power, static
pressure, or flow rate.
(3) You must monitor the rotational speed of the concentrator in
revolutions per hour.
(4) You must verify the performance of the adsorbent material by
examining representative samples and testing adsorbent activity per the
manufacturer's recommendations.
Compliance Requirements for the Control Efficiency/Outlet Concentration
Option
Sec. 63.3550 By what date must I conduct performance tests and other
initial compliance demonstrations?
(a) New and reconstructed affected sources. For a new or
reconstructed source, you must meet the requirements of paragraphs
(a)(1) through (4) of this section.
(1) All emission capture systems, add-on control devices, and CPMS
must be installed and operating no later than the applicable compliance
date specified in Sec. 63.3483. You must conduct a performance test of
each capture system and add-on control device according to Sec. Sec.
63.3553, 63.3554, and 63.3555 and establish the operating limits
required by Sec. 63.3492 no later than 180 days after the applicable
compliance date specified in Sec. 63.3483.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.3493 no later than the compliance date specified
in Sec. 63.3483.
(3) You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of Sec.
63.3551. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3483 and ends on the last day of
the 12th month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. The initial compliance demonstration includes the results of
emission capture system and add-on control device performance tests
conducted according to Sec. 63.3553, 63.3554, and 63.3555; the
operating limits established during the performance tests and the
results of the continuous parameter monitoring required by Sec.
63.3557; and documentation of whether you developed and implemented the
work practice plan required by Sec. 63.3493.
(4) You do not need to comply with the operating limits for the
emission capture system and add-on control device required by Sec.
63.3492 until after you have completed the performance tests specified
in paragraph (a)(1) of this section. Instead, you must maintain a log
detailing the operation and maintenance of the emission capture system,
add-on control device, and continuous parameter monitors during the
period between the compliance date and the performance test. You must
begin complying with the operating limits on the date you complete the
performance tests specified in paragraph (a)(1) of this section.
(b) Existing affected sources. For an existing affected source, you
must meet the requirements of paragraphs (b)(1) through (3) of this
section.
(1) All emission capture systems, add-on control devices, and CPMS
must be installed and operating no later than the applicable compliance
date specified in Sec. 63.3483.
(2) You must develop and begin implementing the work practice plan
required by Sec. 63.3493 no later than the compliance date specified
in Sec. 63.3483.
(3) You must complete the initial compliance demonstration for the
initial compliance period according to the requirements of Sec.
63.3551. The initial compliance period begins on the applicable
compliance date specified in Sec. 63.3483 and ends on the last day of
the 12th month following the compliance date. If the compliance date
occurs on any day other than the first day of a month, then the initial
compliance period extends through the end of that month plus the next
12 months. The initial compliance demonstration includes the results of
emission capture system and add-on control device performance tests
conducted according to Sec. Sec. 63.3553, 63.3554, and 63.3555; the
operating limits established during the performance tests and the
results of the continuous parameter monitoring required by Sec.
63.3557; and
[[Page 64469]]
documentation of whether you developed and implemented the work
practice plan required by Sec. 63.3493.
Sec. 63.3551 How do I demonstrate initial compliance?
(a) You may use the control efficiency/outlet concentration option
for any coating operation, for any group of coating operations within a
subcategory or coating type segment, or for all of the coating
operations within a subcategory or coating type segment. You must use
the compliant material option, the emission rate without add-on
controls option, or the emission rate with add-on controls option for
any coating operation in the affected source for which you do not use
the control efficiency/outlet concentration option. To demonstrate
initial compliance, the coating operation(s) for which you use the
control efficiency/outlet concentration option must meet the applicable
levels of emission reduction in Sec. 63.3490. You must conduct a
separate initial compliance demonstration for each one and two-piece
draw and iron can body coating, sheetcoating, three-piece can body
assembly coating, and end coating affected source. You must meet all
the requirements of this section to demonstrate initial compliance with
the emission limitations. When calculating the organic HAP emission
rate according to this section, do not include any coatings or thinners
used on coating operations for which you use the compliant material
option, the emission rate without add-on controls option, or the
emission rate with add-on controls option. You do not need to
redetermine the mass of organic HAP in coatings or thinners that have
been reclaimed onsite and reused in the coating operation(s) for which
you use the emission rate with add-on controls option.
(b) Compliance with operating limits. You must establish and
demonstrate continuous compliance during the initial compliance period
with the operating limits required by Sec. 63.3492, using the
procedures specified in Sec. Sec. 63.3556 and 63.3557.
(c) Compliance with work practice requirements. You must develop,
implement, and document your implementation of the work practice plan
required by Sec. 63.3493 during the initial compliance period as
specified in Sec. 63.3512.
(d) Compliance demonstration. To demonstrate initial compliance,
the coating operation(s) for which you use the control efficiency/
outlet concentration option must meet the applicable levels of emission
reduction in Sec. 63.3490. You must keep all records applicable to the
control efficiency/outlet concentration option as required by
Sec. Sec. 63.3512 and 63.3513. As part of the Notification of
Compliance Status required by Sec. 63.3510, you must identify the
coating operation(s) for which you used the control efficiency/outlet
concentration option and submit a statement that the coating
operation(s) was in compliance with the emission limitations during the
initial compliance period because you achieved the operating limits
required by Sec. 63.3492 and the work practice standards required by
Sec. 63.3493.
Sec. 63.3552 How do I demonstrate continuous compliance with the
emission limitations?
(a) To demonstrate continuous compliance with the emission
limitations using the control efficiency/outlet concentration option,
the organic HAP emission rate for each compliance period must be equal
to or less than 20 ppmvd or must be reduced by the amounts specified in
Sec. 63.3490. A compliance period consists of 12 months. Each month
after the end of the initial compliance period described in Sec.
63.3550 is the end of a compliance period consisting of that month and
the preceding 11 months.
(b) You must demonstrate continuous compliance with each operating
limit required by Sec. 63.3492 that applies to you, as specified in
Table 4 to this subpart. If an operating parameter is out of the
allowed range specified in Table 4 to this subpart, this is a deviation
from the operating limit that must be reported as specified in
Sec. Sec. 63.3510(b)(6) and 63.3511(a)(7).
(c) You must meet the requirements for bypass lines in Sec.
63.3557(b). If any bypass line is opened and emissions are diverted to
the atmosphere when the coating operation is running, this is a
deviation that must be reported as specified in Sec. Sec.
63.3510(b)(6) and 63.3511(a)(7). For purposes of demonstrating
compliance, 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.
(d) You must demonstrate continuous compliance with the work
practice standards in Sec. 63.3493. If you did not develop a work
practice plan or you did not implement the plan or you did not keep the
records required by Sec. 63.3512(j)(8), this is a deviation from the
work practice standards that must be reported as specified in
Sec. Sec. 63.3510(b)(6) and 63.3511(a)(7).
(e) As part of each semiannual compliance report required in Sec.
63.3511, you must identify the coating operation(s) for which you used
the control efficiency/outlet concentration option. If there were no
deviations from the operating limits or work practice standards, submit
a statement that you were in compliance with the emission limitations
during the reporting period because the organic HAP emission rate for
each compliance period was less than 20 ppmvd or was reduced by the
amount specified in Sec. 63.3490, and you achieved the operating
limits required by Sec. 63.3492 and the work practice standards
required by Sec. 63.3493 during each compliance period.
(f) During periods of startup, shutdown, or malfunctions of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency, you must
operate in accordance with the SSMP required by Sec. 63.3500(c).
(g) Consistent with Sec. Sec. 63.6(e) and 63.7(e)(1), deviations
that occur during a period of startup, shutdown, or malfunction of the
emission capture system, add-on control device, or coating operation
that may affect emission capture or control device efficiency are not
violations if you demonstrate to the Administrator's satisfaction that
you were operating in accordance with the SSMP. The Administrator will
determine whether deviations that occur during a period you identify as
a startup, shutdown, or malfunction are violations, according to the
provisions in Sec. 63.6(e).
(h) You must maintain records applicable to the control efficiency/
outlet concentration option as specified in Sec. Sec. 63.3512 and
63.3513.
Sec. 63.3553 What are the general requirements for performance tests?
(a) You must conduct each performance test required by Sec.
63.3550 according to the requirements of Sec. 63.7(e)(1) and under the
conditions in this section unless you obtain a waiver of the
performance test according to the provisions in Sec. 63.7(h).
(1) Representative coating operating conditions. You must conduct
the performance test under representative operating conditions for the
coating operation(s). Operations during periods of startup, shutdown,
or malfunction and during periods of nonoperation do not constitute
representative conditions. You must record the process information that
is necessary to document operating conditions during the test and
explain why the conditions represent normal operation.
(2) Representative emission capture system and add-on control
device
[[Page 64470]]
operating conditions. You must conduct the performance test when the
emission capture system and add-on control device are operating at a
representative flow rate, and the add-on control device is operating at
a representative inlet concentration. You must record information that
is necessary to document emission capture system and add-on control
device operating conditions during the test and explain why the
conditions represent normal operation.
(b) You must conduct each performance test of an emission capture
system according to the requirements in Sec. 63.3554. You must conduct
each performance test of an add-on control device according to the
requirements in Sec. 63.3555.
Sec. 63.3554 How do I determine the emission capture system
efficiency?
The capture efficiency of your emission capture system must be 100
percent to use the control efficiency/outlet concentration option. You
may assume the capture system efficiency is 100 percent if both of the
conditions in paragraphs (a) and (b) of this section are met.
(a) The capture system meets the criteria in Method 204 of appendix
M to 40 CFR part 51 for a PTE and directs all the exhaust gases from
the enclosure to an add-on control device.
(b) All coatings and thinners used in the coating operation are
applied within the capture system, and coating solvent flash-off,
curing, and drying occurs within the capture system. This criterion is
not met if parts enter the open shop environment when being moved
between a spray booth and a curing oven.
Sec. 63.3555 How do I determine the outlet THC emissions and add-on
control device emission destruction or removal efficiency?
You must use the procedures and test methods in this section to
determine either the outlet THC emissions or add-on control device
emission destruction or removal efficiency as part of the performance
test required by Sec. 63.3550. You must conduct three test runs as
specified in Sec. 63.7(e)(3), and each test run must last at least 1
hour.
(a) For all types of add-on control devices, use the test methods
specified in paragraphs (a)(1) through (5) of this section.
(1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as
appropriate, to select sampling sites and velocity traverse points.
(2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR
part 60, as appropriate, to measure gas volumetric flow rate.
(3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as
appropriate, for gas analysis to determine dry molecular weight. You
may also use as an alternative to Method 3B, the manual method for
measuring the oxygen, carbon dioxide, and carbon monoxide content of
exhaust gas in ANSI/ASME PTC 19.10-1981, ``Flue and Exhaust Gas
Analyses [Part 10, Instruments and Apparatus]'' (incorporated by
reference, see Sec. 63.14).
(4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack
gas moisture.
(5) Methods for determining gas volumetric flow rate, dry molecular
weight, and stack gas moisture must be performed, as applicable, during
each test run.
(b) Measure total gaseous organic mass emissions as carbon at the
inlet and outlet of the add-on control device simultaneously using
either Method 25 or 25A of appendix A to 40 CFR part 60 as specified in
paragraphs (b)(1) through (3) of this section. You must use the same
method for both the inlet and outlet measurements.
(1) Use Method 25 of appendix A to 40 CFR part 60 if the add-on
control device is an oxidizer, and you expect the total gaseous organic
concentration as carbon to be more than 50 ppm at the control device
outlet.
(2) Use Method 25A of appendix A to 40 CFR part 60 if the add-on
control device is an oxidizer, and you expect the total gaseous organic
concentration as carbon to be 50 ppm or less at the control device
outlet.
(3) Use Method 25A of appendix A to 40 CFR part 60 if the add-on
control device is not an oxidizer.
(4) You may use Method 18 of appendix A to 40 CFR part 60 to
subtract methane emissions from measured total gaseous organic mass
emissions as carbon.
(5) Alternatively, any other test method or data that have been
validated according to the applicable procedures in Method 301 of 40
CFR part 63, appendix A, and approved by the Administrator may be used.
(c) If two or more add-on control devices are used for the same
emission stream, then you must measure emissions at the outlet of each
device. For example, if one add-on control device is a concentrator
with an outlet for the high-volume dilute stream that has been treated
by the concentrator and a second add-on control device is an oxidizer
with an outlet for the low-volume, concentrated stream that is treated
with the oxidizer, you must measure emissions at the outlet of the
oxidizer and the high-volume dilute stream outlet of the concentrator.
(d) For each test run, determine the total gaseous organic
emissions mass flow rates for the inlet and outlet of the add-on
control device using Equation 1 of this section. If there is more than
one inlet or outlet to the add-on control device, you must calculate
the total gaseous organic mass flow rate using Equation 1 of this
section for each inlet and each outlet and then total all of the inlet
emissions and total all of the outlet emissions.
[GRAPHIC] [TIFF OMITTED] TR47AD03.023
Where:
Mf = Total gaseous organic emissions mass flow rate, kg/h.
Cc = The concentration of organic compounds as carbon in the
vent gas, as determined by Method 25 or Method 25A, ppmvd.
Qsd = Volumetric flow rate of gases entering or exiting the
add-on control device, as determined by Method 2, 2A, 2C, 2D, 2F, or
2G, dry standard cubic meters/hour (dscm/h).
Note: If Mf is calculated in English units (lb/h),
the conversion factor for molar volume is 0.00256 lb-moles per cubic
foot (mol/ft\3\).
(e) For each test run, determine the add-on control device organic
emissions destruction or removal efficiency using Equation 2 of this
section.
[GRAPHIC] [TIFF OMITTED] TR47AD03.024
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
[[Page 64471]]
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. 63.3556 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. 63.3550 and described
in Sec. Sec. 63.3553, 63.3554, and 63.3555, you must establish the
operating limits required by Sec. 63.3492 according to this section,
unless you have received approval for alternative monitoring and
operating limits under Sec. 63.8(f) as specified in Sec. 63.3492.
(a) Thermal oxidizers. If your add-on control device is a thermal
oxidizer, establish the operating limits according to paragraphs (a)(1)
and (2) of this section.
(1) During the performance test, you must monitor and record the
combustion temperature at least once every 15 minutes during each of
the three test runs. You must monitor the temperature in the firebox of
the thermal oxidizer or immediately downstream of the firebox before
any substantial heat exchange occurs.
(2) Use the data collected during the performance test to calculate
and record the average combustion temperature maintained during the
performance test. That average combustion temperature is the minimum
operating limit for your thermal oxidizer.
(b) Catalytic oxidizers. If your add-on control device is a
catalytic oxidizer, establish the operating limits according to either
paragraphs (b)(1) and (2) or paragraphs (b)(3) and (4) of this section.
(1) During the performance test, you must monitor and record the
temperature at the inlet to 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 at the inlet to the catalyst bed and
the average temperature difference across the catalyst bed maintained
during the performance test. The average temperature difference is the
minimum operating limit for your catalytic oxidizer.
(3) As an alternative to monitoring the temperature difference
across the catalyst bed, you may monitor the temperature at the inlet
to the catalyst bed and implement a site-specific inspection and
maintenance plan for your catalytic oxidizer as specified in paragraph
(b)(4) of this section. During the performance test, you must monitor
and record the temperature at the inlet to 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 at the inlet to the catalyst bed during the
performance test. That is the minimum operating limit for your
catalytic oxidizer.
(4) You must develop and implement an inspection and maintenance
plan for your catalytic oxidizer(s) for which you elect to monitor
according to paragraph (b)(3) of this section. The plan must address,
at a minimum, the elements specified in paragraphs (b)(4)(i) through
(iii) of this section.
(i) Annual sampling and analysis of the catalyst activity (i.e.,
conversion efficiency) following the manufacturer's or catalyst
supplier's recommended procedures.
(ii) Monthly inspection of the oxidizer system, including the
burner assembly and fuel supply lines for problems and, as necessary,
adjust the equipment to assure proper air-to-fuel mixtures.
(iii) Annual internal and monthly external visual inspection of the
catalyst bed to check for channeling, abrasion, and settling. If
problems are found, you must take corrective action consistent with the
manufacturer's recommendations and conduct a new performance test to
determine destruction efficiency according to Sec. 63.3555.
(c) Regenerative oxidizers. If your add-on control device is a
regenerative oxidizer, establish operating limits according to
paragraphs (c)(1) and (2) of this section.
(1) You must establish all applicable operating limits according to
paragraphs (a) and (b) of this section.
(2) You must submit a valve inspection plan that documents the
steps taken to minimize the amount of leakage during the regenerative
process. This plan can include, but is not limited to, routine
inspection of key parameters of the valve operating system (e.g.,
solenoid valve operation, air pressure, hydraulic pressure), visual
inspection of the valves during internal inspections, and/or actual
testing of the emission stream for leakage.
(d) Carbon adsorbers. If your add-on control device is a carbon
adsorber, establish the operating limits according to paragraphs (d)(1)
and (2) of this section.
(1) You must monitor and record the total regeneration desorbing
gas (e.g., steam or nitrogen) mass flow for each regeneration cycle,
and the carbon bed temperature after each carbon bed regeneration and
cooling cycle for the regeneration cycle either immediately preceding
or immediately following the performance test.
(2) The operating limits for your carbon adsorber are the minimum
total desorbing gas mass flow recorded during the regeneration cycle
and the maximum carbon bed temperature recorded after the cooling
cycle.
(e) Condensers. If your add-on control device is a condenser,
establish the operating limits according to paragraphs (e)(1) and (2)
of this section.
(1) During the performance test, 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.
(f) Concentrators. If your add-on control device includes a
concentrator, you must establish operating limits for the concentrator
according to paragraphs (f)(1) through (7) of this section.
(1) During the performance test, monitor and record the inlet
temperature to the desorption/reactivation zone of the concentrator 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/reactivation zone inlet temperature.
(3) During the performance test, monitor and record an indicator(s)
of performance for the desorption/reactivation fan operation at least
once every 15 minutes during each of the three runs of the performance
test. The indicator can be speed in rpm, power in amps, static
pressure, or flow rate.
(4) Establish a suitable range for the parameter(s) selected based
on the system design specifications, historical data, and/or data
obtained concurrent with an emissions performance test. This is the
operation limit range for the desorption/reactivation fan operation.
(5) During the performance test, monitor the rotational speed of
the
[[Page 64472]]
concentrator at least once every 15 minutes during each of the three
runs of the performance test.
(6) Use the data collected during the performance test to calculate
and record the average rotational speed. This is the minimum operating
limit for the rotational speed of the concentrator. However, the
indicator range for the rotational speed may be changed if an
engineering evaluation is conducted and a determination made that the
change in speed will not affect compliance with the emission limit.
(7) Develop and implement an inspection and maintenance plan for
the concentrator(s) that you elect to monitor according to paragraph
(f) of this section. The plan must include, at a minimum, annual
sampling and analysis of the absorbent material (i.e., adsorbent
activity) following the manufacturer's recommended procedures.
(g) Emission capture systems. For each capture device that is part
of a PTE that meets the criteria of Sec. 63.3554, the operating limit
for a PTE is specified in Table 4 to this subpart.
Sec. 63.3557 What are the requirements for continuous parameter
monitoring system installation, operation, and maintenance?
(a) General. You must install, operate, and maintain each CPMS
specified in paragraphs (c), (e), (f), and (g) of this section
according to paragraphs (a)(1) through (6) of this section. You must
install, operate, and maintain each CPMS specified in paragraphs (b)
and (d) of this section according to paragraphs (a)(3) through (5) of
this section.
(1) The CPMS must complete a minimum of one cycle of operation for
each successive 15-minute period. You must have a minimum of four
equally spaced successive cycles of CPMS operation in 1 hour.
(2) You must determine the average of all recorded readings for
each successive 3-hour period of the emission capture system and add-on
control device operation.
(3) You must record the results of each inspection, calibration,
and validation check of the CPMS.
(4) You must maintain the CPMS at all times and have available
necessary parts for routine repairs of the monitoring equipment.
(5) You must operate the CPMS and collect emission capture system
and add-on control device parameter data at all times that a controlled
coating operation is operating, except during monitoring malfunctions,
associated repairs, and required quality assurance or control
activities (including, if applicable, calibration checks and required
zero and span adjustments).
(6) You must not use emission capture system or add-on control
device parameter data recorded during monitoring malfunctions,
associated repairs, out of control periods, or required quality
assurance or control activities when calculating data averages. You
must use all the data collected during all other periods in calculating
the data averages for determining compliance with the emission capture
system and add-on control device operating limits.
(7) A monitoring malfunction is any sudden, infrequent, not
reasonably preventable failure of the CPMS to provide valid data.
Monitoring failures that are caused in part by poor maintenance or
careless operation are not malfunctions. Any period for which the
monitoring system is out of control and data are not available for
required calculations is a deviation from the monitoring requirements.
(b) Capture system bypass line. You must meet the requirements of
paragraph (b)(1) or (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) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. The flow indicator
shall be installed at the entrance to any bypass line.
(2) Secure the bypass line valve in the nondiverting position with
a car-seal or lock-and-key type configuration. A visual inspection of
the seal or closure mechanism shall be performed at least once every
month to ensure the valve is maintained in the nondiverting position,
and the vent stream is not diverted through the bypass line.
(c) Thermal oxidizers and catalytic oxidizers. If you are using a
thermal oxidizer or catalytic oxidizer as an add-on control device
(including those used with concentrators or with carbon adsorbers to
treat desorbed concentrate streams), you must comply with the
requirements in paragraphs (c)(1) through (3) of this section.
(1) For a thermal oxidizer, install a gas temperature monitor in
the firebox of the thermal oxidizer or in the duct immediately
downstream of the firebox before any substantial heat exchange occurs.
(2) For a catalytic oxidizer, install a gas temperature monitor
according to paragraph (c)(2)(i) or (ii) of this section.
(i) If you establish operating limits according to Sec.
63.3556(b)(1) and (2), then you must install the gas temperature
monitors both upstream and downstream of the catalyst bed. The
temperature monitors must be in the gas stream at the inlet to and the
outlet of the catalyst bed to measure the temperature difference across
the bed.
(ii) If you establish operating limits according to Sec.
63.3556(b)(3) and (4), then you must install a gas temperature monitor
upstream of the catalyst bed. The temperature monitor must be in the
gas stream at the inlet to the catalyst bed to measure the temperature.
(3) For all thermal oxidizers and catalytic oxidizers, you must
meet the requirements in paragraphs (a) and (c)(3)(i) through (ii) 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 minimum accuracy of +/-1.2
degrees Celsius or +/-1 percent of the temperature value in degrees
Celsius, whichever is larger.
(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 an accuracy of +/-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 minimum accuracy
of +/-1.2 degrees Celsius or +/-1 percent of the temperature value in
degrees Celsius, whichever is larger, 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 minimum accuracy of +/-
1.2 degrees Celsius or +/-1 percent of the temperature value in degrees
Celsius, whichever is larger.
(2) The temperature monitor must provide a continuous gas
temperature record.
(f) Concentrators. If you are using a concentrator such as a
zeolite wheel or rotary carbon bed concentrator, you must comply with
the requirements in paragraphs (f)(1) through (4) of this section.
[[Page 64473]]
(1) You must install a temperature monitor at the inlet to the
desorption/reactivation zone of the concentrator. The temperature
monitor must meet the requirements in paragraphs (a) and (c)(3) of this
section.
(2) You must select an indicator(s) of performance of the
desorption/reactivation fan operation, such as speed, power, static
pressure, or flow rate.
(3) You must monitor the rotational speed of the concentrator in
revolutions per hour.
(4) You must verify the performance of the adsorbent material by
examining representative samples and testing adsorbent activity per the
manufacturer's recommendations.
Other Requirements and Information
Sec. 63.3560 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by us, the United
States Environmental Protection Agency (U.S. EPA), or a delegated
authority such as your State, local, or tribal agency. If the
Administrator has delegated authority to your State, local, or tribal
agency, then that agency, in addition to the EPA, has the authority to
implement and enforce this subpart. You should contact your EPA
Regional Office to find out if implementation and enforcement of this
subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under 40 CFR part 63,
subpart E, the authorities contained in paragraph (c) of this section
are retained by the EPA Administrator and are not transferred to the
State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are listed in paragraphs (c)(1) through (4) of this
section.
(1) Approval of alternatives to the work practice standards in
Sec. 63.3493.
(2) Approval of major alternatives to test methods under Sec.
63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring under Sec.
63.8(f) and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f) and as defined in Sec. 63.90.
Sec. 63.3561 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA, in 40 CFR 63.2,
and in this section as follows:
Add-on control means an air pollution control device, such as a
thermal oxidizer or carbon adsorber, that reduces pollution in an air
stream by destruction or removal before discharge to the atmosphere.
Adhesive means any chemical substance that is applied for the
purpose of bonding two surfaces together.
Aerosol can means any can into which a pressurized aerosol product
is packaged.
Aseptic coating means any coating that must withstand high
temperature steam, chemicals, or a combination of both used to
sterilize food cans prior to filling.
Can body means a formed metal can, excluding the unattached end(s).
Can end means a can part manufactured from metal substrate equal to
or thinner than 0.3785 millimeters (mm) (0.0149 inch) for the purpose
of sealing the ends of can bodies including nonmetal or composite can
bodies.
Capture device means a hood, enclosure, room, floor sweep, or other
means of containing or collecting emissions and directing those
emissions into an add-on air pollution control device.
Capture efficiency or capture system efficiency means the portion
(expressed as a percentage) of the pollutants from an emission source
that is delivered to an add-on control device.
Capture system means one or more capture devices intended to
collect emissions generated by a coating operation in the use of
coatings or cleaning materials, both at the point of application and at
subsequent points where emissions from the coatings or cleaning
materials occur, such as flash-off, 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.
Fusion pastes, ink jet markings, mist solutions, and lubricants, as
well as decorative, protective, or functional materials that consist
only of protective oils for metal, acids, bases, or any combination of
these substances, are not considered coatings for the purposes of this
subpart.
Coating operation means equipment used to apply coating to a metal
can or end (including decorative tins), or metal crown or closure, and
to dry or cure the coating after application. A coating operation
always includes at least the point at which a coating is applied and
all subsequent points in the affected source where organic HAP
emissions from that coating occur. There may be multiple coating
operations in an affected source. Coating application with hand-held
nonrefillable aerosol containers, touch-up markers, or marking pens is
not a coating operation for the purposes of this subpart.
Coating solids means the nonvolatile portion of a coating that
makes up the dry film.
Continuous parameter monitoring system (CPMS) means the total
equipment that may be required to meet the data acquisition and
availability requirements of this subpart; used to sample, condition
(if applicable), analyze, and provide a record of coating operation,
capture system, or add-on control device parameters.
Controlled coating operation means a coating operation from which
some or all of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Crowns and closures means steel or aluminum coverings such as
bottle caps and jar lids for containers other than can ends.
Decorative tin means a single-walled container, designed to be
covered or uncovered that is manufactured from metal substrate equal to
or thinner than 0.3785 mm (0.0149 inch) and is normally coated on the
exterior surface with decorative coatings. Decorative tins may contain
foods but are not hermetically sealed and are not subject to food
processing steps such as retort or pasteurization. Interior coatings
are not usually applied to protect the metal and contents from chemical
interaction.
Deviation means any instance in which an affected source subject to
this subpart or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart including but not limited to any emission limit, operating
limit, or work practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emission limit, operating limit, or work
practice
[[Page 64474]]
standard in this subpart during startup, shutdown, or malfunction
regardless of whether or not such failure is permitted by this subpart.
Drum means a cylindrical metal container with walls of 29 gauge or
thicker and a capacity greater than 45.4 liters (12 gal).
Emission limitation means an emission limit, operating limit, or
work practice standard.
Enclosure means a structure that surrounds a source of emissions
and captures and directs the emissions to an add-on control device.
End coating means the application of end seal compound or repair
spray on can ends during manufacturing.
End seal compound means the coating applied onto ends of cans that
functions to seal the end(s) of a can to the can body.
Exempt compound means a specific compound that is not considered a
VOC due to negligible photochemical reactivity. The exempt compounds
are listed in 40 CFR 51.100(s).
Food can means any can manufactured to contain edible products and
designed to be hermetically sealed. Does not include decorative tins.
Fusion paste means a material used to attach nozzles and other
miscellaneous parts to general line cans.
General line can means any can manufactured to contain inedible
products. Does not include aerosol cans or decorative tins.
Ink jet marking means the ink and makeup fluid used for date code
and other identification markings on a can for the marking on a can
indicating when food in a can has completed the retort process.
Inside spray means a coating sprayed on the interior of a can body
to provide a protective film between the can and its contents.
Lubricant means an organic liquid used as a lubricating agent to
facilitate the handling and fabrication (e.g., tab making, stamping, or
necking) of can bodies or ends.
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. 63.3521. Manufacturer's formulation data may include, but are
not limited to, information on density, organic HAP content, volatile
organic matter content, and coating solids content.
Mass fraction of organic HAP means the ratio of the mass of organic
HAP to the mass of a material in which it is contained, expressed as kg
of organic HAP per kg of material.
Metal can means a single-walled container manufactured from metal
substrate equal to or thinner than 0.3785 mm (0.0149 inch).
Mist solution means a hydrocarbon or aqueous solution used as an
application aid with solvent-based or waterborne end seal compounds to
prevent compound accumulation on the lining nozzle.
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.
Nonaseptic coating means any coating that is not subjected to high
temperature steam, chemicals, or a combination of both to sterilize
food cans prior to filling.
One and two-piece draw and iron can means a steel or aluminum can
manufactured by the draw and iron process. Includes two-piece beverage
cans, two-piece food cans, and one-piece aerosol cans.
One-piece aerosol can means an aerosol can formed by the draw and
iron process to which no ends are attached and a valve is placed
directly on top.
Organic HAP content means the mass of organic HAP per volume of
coating solids for a coating, calculated using Equation 1 of Sec.
63.3521. The organic HAP content is determined for the coating in the
condition it is in when received from its manufacturer or supplier and
does not account for any alteration after receipt.
Pail means a cylindrical or rectangular metal container with walls
of 29 gauge or thicker and a capacity of 7.6 to 45.4 liters (2 to 12
gal) (for example, bucket).
Permanent total enclosure (PTE) means a permanently installed
enclosure that meets the criteria of Method 204 of appendix M, 40 CFR
part 51, for a PTE and that directs all the exhaust gases from the
enclosure to an add-on control device.
Protective oil means an organic material that is applied to metal
for the purpose of providing lubrication or protection from corrosion
without forming a solid film. This definition of protective oil
includes, but is not limited to, lubricating oils, evaporative oils
(including those that evaporate completely), and extrusion oils.
Repair spray means a spray coating for post-formed easy-open ends
to provide additional protection in the scored areas by covering breaks
at the score location or to provide an additional layer of protective
coating on the interior of the end for corrosion resistance.
Research or laboratory equipment means any equipment that is being
used to conduct research and development of new processes and products,
when such equipment is operated under the close supervision of
technically trained personnel and is not engaged in the manufacture of
final or intermediate products for commercial purposes, except in a de
minimis manner.
Responsible official means responsible official as defined in 40
CFR 70.2.
Sheetcoating means a can manufacturing coating process that
involves coating of flat metal sheets before they are formed into cans.
Side seam stripe means a coating applied to the interior and/or
exterior of the welded or soldered seam of a three-piece can body to
protect the exposed metal.
Startup, initial means the first time equipment is brought online
in a facility.
Surface preparation means use of a cleaning material on a portion
of or all of a substrate. That includes use of a cleaning material to
remove dried coating which is sometimes called ``depainting.''
Temporary total enclosure (TTE) means an enclosure constructed for
the purpose of measuring the capture efficiency of pollutants emitted
from a given source as defined in Method 204 of appendix M, 40 CFR part
51.
Thinner means an organic solvent that is added to a coating after
the coating is received from the supplier.
Three-piece aerosol can means a steel aerosol can formed by the
three-piece can assembly process manufactured to contain food or
nonfood products.
Three-piece can assembly means the process of forming a flat metal
sheet into a shaped can body which may include the processes of
necking, flanging, beading, and seaming and application of a side seam
stripe and/or an inside spray coating.
Three-piece food can means a steel can formed by the three-piece
can assembly process manufactured to contain edible products and
designed to be hermetically sealed.
Total volatile hydrocarbon (TVH) means the total amount of
nonaqueous volatile organic matter determined according to Methods 204
and 204A through 204F of appendix M to 40 CFR part 51 and substituting
the term TVH each place in the methods where the term VOC is used. The
TVH includes both VOC and non-VOC.
Two-piece beverage can means a two-piece draw and iron can
manufactured
[[Page 64475]]
to contain drinkable liquids such as beer, soft drinks, or fruit
juices.
Two-piece food can means a steel or aluminum can manufactured by
the draw and iron process and designed to contain edible products other
than beverages and to be hermetically sealed.
Uncontrolled coating operation means a coating operation from which
none of the organic HAP emissions are routed through an emission
capture system and add-on control device.
Volatile organic compound (VOC) means any compound defined as VOC
in 40 CFR 51.100(s).
Volume fraction of coating solids means the ratio of the volume of
coating solids (also known as volume of nonvolatiles) to the volume of
coating; liters of coating solids per liter of coating.
Wastewater means water that is generated in a coating operation and
is collected, stored, or treated prior to being discarded or
discharged.
Tables to Subpart KKKK of Part 63
Table 1 to Subpart KKKK of Part 63.--Emission Limits for New or
Reconstructed Affected Sources
[You must comply with the emission limits that apply to your affected
source in the following table as required by Sec. 63.3490(a) through
(c)]
------------------------------------------------------------------------
You must meet the
If you apply surface following organic
coatings to metal cans or Then for all HAP emission limit
metal can parts in this coatings of this in kg HAP/liter
subcategory . . . type . . . solids (lbs HAP/gal
solids): a, b
------------------------------------------------------------------------
1. One and two-piece draw a. Two-piece 0.04 (0.31).
and iron can body coating. beverage cans--all 0.06 (0.50).
coatings. 0.08 (0.65).
b. Two-piece food
cans--all coatings.
c. One-piece aerosol
cans--all coatings.
2. Sheetcoating............. Sheetcoating........ 0.02 (0.17).
3. Three-piece can assembly. a. Inside spray..... 0.12 (1.03).
b. Aseptic side seam 1.48 (12.37).
stripes on food
cans.
c. Nonaseptic side 0.72 (5.96).
seam stripes on
food cans.
d. Side seam stripes 1.18 (9.84).
on general line
nonfood cans.
e. Side seam stripes 1.46 (12.14).
on aerosol cans.
4. End coating.............. a. Aseptic end seal 0.06 (0.54).
compounds.
b. Nonaseptic end 0.00 (0.00).
seal compounds.
c. Repair spray 0.64 (5.34).
coatings.
------------------------------------------------------------------------
a If you apply surface coatings of more than one type within any one
subcategory you may calculate an OSEL according to Sec. 63.3531(i).
b Rounding differences in specific emission limits are attributable to
unit conversions.
Table 2 to Subpart KKKK of Part 63.--Emission Limits for Existing
Affected Sources
[You must comply with the emission limits that apply to your affected
source in the following table as required by Sec. 63.3490(a) through
(c)]
------------------------------------------------------------------------
You must meet the
If you apply surface following organic
coatings to metal cans or Then for all HAP emission limit
metal can parts in this coatings of this in kg HAP/liter
subcategory . . . type . . . solids (lbs HAP/gal
solids): a, b
------------------------------------------------------------------------
1. One and two-piece draw a. Two-piece 0.07 (0.59).
and iron can body coating. beverage cans--all 0.06 (0.51).
coatings. 0.12 (0.99).
b. Two-piece food
cans--all coatings.
c. One-piece aerosol
cans--all coatings.
2. Sheetcoating............. Sheetcoating........ 0.03 (0.26).
3. Three-piece can assembly. a. Inside spray..... 0.29 (2.43).
b. Aseptic side seam 1.94 (16.16).
stripes on food
cans.
c. Nonaseptic side 0.79 (6.57).
seam stripes on
food cans.
d. Side seam stripes 1.18 (9.84).
on general line
nonfood cans.
e. Side seam stripes 1.46 (12.14).
on aerosol cans.
4. End coating.............. a. Aseptic end seal 0.06 (0.54).
compounds.
b. Nonaseptic end 0.00 (0.00).
seal compounds.
c. Repair spray 2.06 (17.17).
coatings.
------------------------------------------------------------------------
a If you apply surface coatings of more than one type within any one
subcategory you may calculate an OSEL according to Sec. 63.3531(i).
b Rounding differences in specific emission limits are attributable to
unit conversions.
Table 3 to Subpart KKKK of Part 63.--Emission Limits for Affected
Sources Using the Control Efficiency/Outlet Concentration Compliance
Option
[You must comply with the emission limits that apply to your affected
source in the following table as required by Sec. 63.3490(d)]
------------------------------------------------------------------------
If you use the control efficiency/ Then you must comply with one
outlet concentration option to comply of the following by using an
with the emission limitations for any emissions control system to . .
coating operation(s) . . . .
------------------------------------------------------------------------
1. in a new or reconstructed affected a. reduce emissions of total
source. HAP, measured as THC (as
carbon),a by 97 percent; or
b. limit emissions of total
HAP, measured as THC (as
carbon),a to 20 ppmvd at the
control device outlet and use
a PTE.
2. in an existing affected source...... a. reduce emissions of total
HAP, measured as THC (as
carbon),a by 95 percent; or
b. limit emissions of total
HAP, measured as THC (as
carbon),a to 20 ppmvd at the
control device outlet and use
a PTE.
------------------------------------------------------------------------
a You may choose to subtract methane from THC as carbon measurements.
[[Page 64476]]
Table 4 to Subpart KKKK of Part 63.--Operating Limits if Using the Emission Rate with Add-on Controls Option or
the Control Efficiency/Outlet Concentration Compliance Option
[If you are required to comply with operating limits by Sec. 63.3492, you must comply with the applicable
operating limits in the following table]
----------------------------------------------------------------------------------------------------------------
And you must demonstrate
For the following device . . . You must meet the following operating continuous compliance with
limit . . . the operating limit by . . .
----------------------------------------------------------------------------------------------------------------
1. Thermal oxidizer.................. a. The average combustion temperature in i. Collecting the combustion
each 3-hour block period must not fall temperature data according
below the combustion temperature limit to Sec. 63.3547(c) or Sec.
established according to Sec. 63.3557(c);
63.3546(a) or Sec. 63.3556(a). ii. Reducing the data to 3-
hour block averages; and
iii. Maintaining the 3-hour
block average combustion
temperature at or above the
temperature limit
established according to
Sec. 63.3546(a) or Sec.
63.3556(a).
2. Catalytic oxidizer................ a. The average temperature difference i. Collecting the temperature
across the catalyst bed in each 3-hour data according to Sec.
period does not fall below the 63.3547(c) or Sec.
temperature difference limit established 63.3578(c);
according to Sec. 63.3546(b)(2) or Sec. ii. Reducing the data to 3-
63.3556(b)(2); or hour block averages; and
iii. Maintaining the 3-hour
block average temperature
difference at or above the
temperature difference limit
established according to
Sec. 63.3546(b)(2) or Sec.
63.3556(b)(2).
b. The average temperature measured at the i. Collecting the temperature
inlet to the catalyst bed in each 3-hour data according to Sec.
block period must not fall below the 63.3547(c) or Sec.
limit established according to Sec. 63.3557(c); and
63.3546(b) or Sec. 63.3556(b); and ii. Reducing the data to 3-
hour block averages, and
iii. Maintaining the 3-hour
block average temperature at
the inlet to the catalyst
bed at or above the
temperature limit
established according to
Sec. 63.3546(b) or Sec.
63.3556(b).
c. Develop and implement an inspection and Maintaining an up-to-date
maintenance plan according to Sec. inspection plan, records of
63.3546(b)(4) or Sec. 63.3556(b)(4). annual catalyst activity
checks, records of monthly
inspections of the oxidizer
system, and records of the
annual internal inspections
of the catalyst bed. If a
problem is discovered during
a monthly or annual
inspection required by Sec.
63.3546(b)(4) or Sec.
63.3556(b)(4), you must take
corrective action as soon as
practicable consistent with
the manufacturer's
recommendations.
3. Regenerative oxidizers............ a. Develop and implement a valve Maintaining an up-to-date
inspection plan according to Sec. valve inspection plan. If a
63.3546(c) or Sec. 63.3546(c); and problem is discovered during
either an inspection required by
Sec. 63.3556(c), or Sec.
63.3556(c), you must take
corrective action as soon as
soon as practicable.
b. If you are using a regenerative thermal See all applicable items in
oxidizer, follow the operating limits 1.a of this table.
according to 1.a of this table; or
c. If you are using a regenerative See all applicable items in
catalytic oxidizer, follow the operating 2.a, 2.b, and 2.c of this
limits according to item 2.a of this table.
table.
4. Carbon adsorber................... a. The total regeneration desorbing gas i. Measuring the total
(e.g., steam or nitrogen) mass flow for regeneration desorbing gas
each carbon bed regeneration cycle must (e.g., steam or nitrogen)
not fall below the total regeneration mass flow for each
desorbing gas mass flow limit established regeneration cycle according
according to Sec. 63.3546(d) or Sec. to Sec. 63.3547(d) or Sec.
63.3556(d). 63.3557(d); and
ii. Maintaining the total
regeneration desorbing gas
mass flow at or above the
mass flow limit.
b. The temperature of the carbon bed, i. Measuring the temperature
after completing each regeneration and of the carbon bed, after
any cooling cycle, must not exceed the completing each regeneration
carbon bed temperature limit established and any cooling cycle,
according to Sec. 63.3546(d) or Sec. according to Sec.
63.3556(d). 63.3547(d) or Sec.
63.3557(d); and
ii. Operating the carbon beds
such that each carbon bed is
not returned to service
until completing each
regeneration and any cooling
cycle until the recorded
temperature of the carbon
bed is at or below the
temperature limit.
5. Condenser......................... a. The average condenser outlet (product i. Collecting the condenser
side) gas temperature in each 3-hour outlet (product side) gas
period must not exceed the temperature temperature according to
limit established according to Sec. Sec. 63.3547(e) or Sec.
63,3546(e) or Sec. 63.3556(e). 63.3557(e);
ii. Reducing the data to 3-
hour block averages; and
iii. Maintaining the 3-hour
block average gas
temperature at the outlet at
or below the temperature
limit.
[[Page 64477]]
6. Concentrators, including zeolite a. The average inlet temperature measured i. Collecting the temperature
wheels and rotary carbon absorbers. from the desorption reactivation zone in data including zeolite inlet
each 3-hour block period must not fall temperature according to
below the limit established according to Sec. 63.3547(f)
Sec. 63.3546(f) or Sec. 63.3556(f). ii. Reducing the data to 3-
hour block averages; and
iii. Maintaining the 3-hour
block average temperature at
or above the temperature
limit.
b. The indicator of performance for the i. Collecting the indicator
desorption reactivation fan operation in data according to Sec.
each 3-hour block period must not fall 63.3547(f) or Sec.
outside of the range established 63.3557(f); and
according to Sec. 63.3547(f) or Sec. ii. Maintaining the indicator
63.3556(f). data within the range
established.
c. The nominal rotational speed of the i. Collecting the rotational
concentrator in each 3-hour block period speed according to Sec.
must not fall below the speed established 63.3547(f) or Sec.
according to Sec. 63.3546(f) or Sec. 63.3557(f);
63.3556(f). ii. Reducing the speed data
to 3-hour block averages;
and
iii. Maintaining the 3-hour
block average speed at or
above the rotational speed
limit.
d. Develop and implement an inspection and Maintaining an up-to-date
maintenance plan according to Sec. inspection plan, and records
63.3546(f)(3) or Sec. 63.3556(f)(3). of annual adsorbent activity
checks. The results shall be
compared to historical
results and/or results for
new adsorbents. If a problem
is discovered during the
annual inspection required
by Sec. 63.3546(f)(3) or
Sec. 63.3556(f)(3), you
must take corrective action
as soon as practicable
consistent with the
manufacturer's
recommendations.
7. Emission capture system that is a a. The direction of the air flow at all i. Collecting the direction
PTE according to Sec. 63.3544(a) times must be into the enclosure; and of air of air flow, and
or Sec. 63.3554(a). either either the facial velocity
of air through all natural
draft openings or the
pressure drop across the
enclosure; and
ii. Maintaining the facial
velocity of air flow through
all natural draft openings
or the pressure drop at or
above the facial velocity
limit or pressure drop
limit, and maintaining the
direction of air flow into
the enclosure at all times.
b. The average facial velocity of air See items 7.a.i and ii of
through all natural draft openings in the this table.
enclosure must be at least 200 feet per
minute; or
c. The pressure drop across the enclosure See items 7.a.i and ii of
must be at least 0.007 inch H20, as this table.
established in Method 204 of appendix M
to 40 CFR part 51.
8. Emission capture system that is a. The average gas volumetric flow rate or i. Collecting the gas
not a PTE according to Sec. duct static pressure in each duct between volumetric flow rate or duct
63.3544(a). a capture device and add-on control static pressure for each
device inlet in each 3-hour period must capture device according to
not fall below the average volumetric Sec. 63.3546(g);
flow rate or duct static pressure limit ii. Reducing the data to 3-
established for that capture device hour block averages; and
according to Sec. 63.3547(g). iii. Maintaining the 3-hour
block average gas volumetric
flow rate or duct static
pressure for each capture
device at or above the gas
volumetric flow rate or duct
static pressure limit.
----------------------------------------------------------------------------------------------------------------
Table 5 to Subpart KKKK of Part 63.--Applicability of General Provisions to Subpart KKKK
[You must comply with the applicable General Provisions requirements according to the following table]
----------------------------------------------------------------------------------------------------------------
Applicable to
Citation Subject subpart KKKK Explanation
----------------------------------------------------------------------------------------------------------------
Sec. 63.1(a)(1)-(4)........... General Applicability. Yes.................
Sec. 63.1(a)(5)............... [Reserved]............ No..................
Sec. 63.1(a)(6)............... Source Category Yes.................
Listing.
Sec. 63.1(a)(7)-(9)........... [Reserved]............ No..................
Sec. 63.1(a)(10)-(12)......... Timing and Overlap Yes.................
Clarifications.
Sec. 63.1(b)(1)............... Initial Applicability Yes................. Applicability to subpart KKKK is
Determination. also specified in Sec.
63.3481.
Sec. 63.1(b)(2)............... [Reserved]............ No..................
Sec. 63.1(b)(3)............... Applicability Yes.................
Determination
Recordkeeping.
Sec. 63.1(c)(1)............... Applicability after Yes.................
Standard Established.
[[Page 64478]]
Sec. 63.1(c)(2)-(3)........... Applicability of No.................. Area sources are not subject to
Permit Program for subpart KKKK.
Area Sources.
Sec. 63.1(c)(4)-(5)........... Extensions and Yes.................
Notifications.
Sec. 63.1(e).................. Applicability of Yes.................
Permit Program before
Relevant Standard is
Set.
Sec. 63.2..................... Definitions........... Yes................. Additional definitions are
specified in Sec. 63.3561.
Sec. 63.3(a)-(c).............. Units and Yes.................
Abbreviations.
Sec. 63.4(a)(1)-(5)........... Prohibited Activities. Yes.................
Sec. 63.4(b)-(c).............. Circumvention/ Yes.................
Fragmentation.
Sec. 63.5(a).................. Construction/ Yes.................
Reconstruction.
Sec. 63.5(b)(1)-(6)........... Requirements for Yes.................
Existing, Newly
Constructed, and
Reconstructed Sources.
Sec. 63.5(d).................. Application for Yes.................
Approval of
Construction/
Reconstruction.
Sec. 63.5(e).................. Approval of Yes.................
Construction/
Reconstruction.
Sec. 63.5(f).................. Approval of Yes.................
Construction/
Reconstruction Based
on Prior State Review.
Sec. 63.6(a).................. Compliance with Yes.................
Standards and
Maintenance
Requirements--Applica
bility.
Sec. 63.6(b)(1)-(7)........... Compliance Dates for Yes................. Section 63.3483 specifies the
New and Reconstructed compliance dates.
Sources.
Sec. 63.6(c)(1)-(5)........... Compliance Dates for Yes................. Section 63.3483 specifies the
Existing Sources. compliance dates.
Sec. 63.6(e)(1)-(2)........... Operation and Yes.................
Maintenance.
Sec. 63.6(e)(3)............... SSMP.................. Yes................. Only sources using an add-on
control device to comply with
the standard must complete
SSMP.
Sec. 63.6(f)(1)............... Compliance Except Yes................. Applies only to sources using an
during Startup, add-on control device to comply
Shutdown, and with the standards.
Malfunction.
Sec. 63.6(f)(2)-(3)........... Methods for Yes.................
Determining
Compliance.
Sec. 63.6(g)(1)-(3)........... Use of an Alternative Yes.................
Standard.
Sec. 63.6(h).................. Compliance with No.................. Subpart KKKK does not establish
Opacity/Visible opacity standards and does not
Emission Standards. require continuous opacity
monitoring systems (COMS).
Sec. 63.6(i)(1)-(14).......... Extension of Yes.................
Compliance.
Sec. 63.6(i)(15).............. [Reserved]............ No..................
Sec. 63.6(i)(16).............. Compliance Extensions Yes.................
and Administrator's
Authority.
Sec. 63.6(j).................. Presidential Yes.................
Compliance Exemption.
Sec. 63.7(a)(1)............... Performance Test Yes................. Applies to all affected sources.
Requirements--Applica Additional requirements for
bility. performance testing are
specified in Sec. Sec.
63.3543, 63.3544, 63.3545,
63.3554, and 63.3555.
Sec. 63.7(a)(2)............... Performance Test Yes................. Applies only to performance
Requirements--Dates. tests for capture system and
control device efficiency at
sources using these to comply
with the standards. Sections
63.3540 and 63.3550 specify the
schedule for performance test
requirements that are earlier
than those specified in Sec.
63.7(a)(2).
Sec. 63.7(a)(3)............... Performance Tests Yes.................
Required by the
Administrator.
Sec. 63.7(b)-(e).............. Performance Test Yes................. Applies only to performance
Requirements--Notific tests for capture system and
ation, Quality add-on control device
Assurance, Facilities efficiency at sources using
Necessary for Safe these to comply with the
Testing, Conditions standards.
During Test.
Sec. 63.7(f).................. Performance Test Yes................. Applies to all test methods
Requirements--Use of except those used to determine
Alternative Test capture system efficiency.
Method.
Sec. 63.7(g)-(h).............. Performance Test Yes................. Applies only to performance
Requirements--Data tests for capture system and
Analysis, add-on control device
Recordkeeping, efficiency at sources using
Reporting, Waiver of these to comply with the
Test. standards.
Sec. 63.8(a)(1)-(3)........... Monitoring Yes................. Applies only to monitoring of
Requirements--Applica capture system and add-on
bility. control device efficiency at
sources using these to comply
with the standards. Additional
requirements for monitoring are
specified in Sec. Sec.
63.3547 and 63.3557.
Sec. 63.8(a)(4)............... Additional Monitoring No.................. Subpart KKKK does not have
Requirements. monitoring requirements for
flares.
Sec. 63.8(b).................. Conduct of Monitoring. Yes.................
Sec. 63.8(c)(1)-(3)........... Continuous Monitoring Yes................. Applies only to monitoring of
System (CMS) capture system and add-on
Operation and control device efficiency at
Maintenance. sources using these to comply
with the standards. Additional
requirements for CMS operations
and maintenance are specified
in Sec. Sec. 63.3547 and
63.3557.
[[Page 64479]]
Sec. 63.8(c)(4)............... CMS................... No.................. Sections 63.3547 and 63.3557
specify the requirements for
the operation of CMS for
capture systems and add-on
control devices at sources
using these to comply.
Sec. 63.8(c)(5)............... COMS.................. No.................. Subpart KKKK does not have
opacity or visible emission
standards.
Sec. 63.8(c)(6)............... CMS Requirements...... No.................. Sections 63.3547 and 63.3557
specify the requirements for
monitoring systems for capture
systems and add-on control
devices at sources using these
to comply.
Sec. 63.8(c)(7)............... CMS Out-of-Control Yes.................
Periods.
Sec. 63.8(c)(8)............... CMS Out-of-Control No.................. Section 63.3511 requires
Periods Reporting. reporting of CMS out of control
periods.
Sec. 63.8(d)-(e).............. Quality Control No..................
Program and CMS
Performance
Evaluation.
Sec. 63.8(f)(1)-(5)........... Use of an Alternative Yes.................
Monitoring Method.
Sec. 63.8(f)(6)............... Alternative to No..................
Relative Accuracy
Test.
Sec. 63.8(g)(1)-(5)........... Data Reduction........ No.................. Sections 63.3542, 63.3547,
63.3552 and 63.3557 specify
monitoring data reduction.
Sec. 63.9(a).................. Notification Yes.................
Applicability.
Sec. 63.9(b)(1)-(2)........... Initial Notifications. Yes.................
Sec. 63.9(b)(3)............... [Reserved]............ No..................
Sec. 63.9(b)(4)-(5)........... Application for Yes.................
Approval of
Construction or
Reconstruction.
Sec. 63.9(c).................. Request for Extension Yes.................
of Compliance.
Sec. 63.9(d).................. Special Compliance Yes.................
Requirement
Notification.
Sec. 63.9(e).................. Notification of Yes................. Applies only to capture system
Performance Test. and add-on control device
performance tests at sources
using these to comply with the
standards.
Sec. 63.9(f).................. Notification of No.................. Subpart KKKK does not have
Visible Emissions/ opacity or visible emission
Opacity Test. standards.
Sec. 63.9(g)(1)-(3)........... Additional No..................
Notifications When
Using CMS.
Sec. 63.9(h)(1)-(3)........... Notification of Yes................. Section 63.3510 specifies the
Compliance Status. dates for submitting the
notification of compliance
status.
Sec. 63.9(h)(4)............... [Reserved]............ No..................
Sec. 63.9(h)(5)-(6)........... Clarifications........ Yes.................
Sec. 63.9(i).................. Adjustment of Yes.................
Submittal Deadlines.
Sec. 63.9(j).................. Change in Previous Yes.................
Information.
Sec. 63.10(a)................. Recordkeeping/ Yes.................
Reporting--Applicabil
ity and General
Information.
Sec. 63.10(b)(1).............. General Recordkeeping Yes................. Additional requirements are
Requirements. specified in Sec. Sec.
63.3512 and 63.3513.
Sec. 63.10(b)(2) (i)-(v)...... Recordkeeping Relevant Yes................. Requirements for Startup,
to Startup, Shutdown, Shutdown, and Malfunction
and Malfunction records only apply to add-on
Periods and CMS. control devices used to comply
with the standards.
Sec. 63.10(b)(2) (vi)-(xi).... ...................... Yes.................
Sec. 63.10(b)(2) (xii)........ Records............... Yes.................
Sec. 63.10(b)(2) (xiii)....... ...................... No..................
Sec. 63.10(b)(2) (xiv)........ ...................... Yes.................
Sec. 63.10(b)(3).............. Recordkeeping Yes.................
Requirements for
Applicability
Determinations.
Sec. 63.10(c)(1).............. Additional Yes.................
Recordkeeping
Requirements for
Sources with CMS.
Sec. 63.10(c)(2)-(4).......... [Reserved]............ No..................
Sec. 63.10(c)(5)-(6).......... ...................... Yes.................
Sec. 63.10(c)(7)-(8).......... ...................... No.................. The same records are required in
Sec. 63.3511(a)(7).
Sec. 63.10(c)(9).............. [Reserved]............ No..................
Sec. 63.10(c)(10)-(15)........ ...................... Yes.................
Sec. 63.10(d)(1).............. General Reporting Yes................. Additional requirements are
Requirements. specified in Sec. 63.3511.
Sec. 63.10(d)(2).............. Report of Performance Yes................. Additional requirements are
Test Results. specified in Sec. 63.3511(b).
Sec. 63.10(d)(3).............. Reporting Opacity or No.................. Subpart KKKK does not require
Visible Emissions opacity or visible emissions
Observations. observations.
Sec. 63.10(d)(4).............. Progress Reports for Yes.................
Sources with
Compliance Extensions.
Sec. 63.10(d)(5).............. Startup, Shutdown, Yes................. Applies only to and add-on
Malfunction Reports. control devices at sources
using these to comply with the
standards.
Sec. 63.10(e)(1)-(2).......... Additional CMS Reports No..................
[[Page 64480]]
Sec. 63.10(e)(3).............. Excess Emissions/CMS No.................. Section 63.3511(b) specifies the
Performance Reports. contents of periodic compliance
reports.
Sec. 63.10(e)(4).............. COMS Data Reports..... No.................. Subpart KKKK does not specify
requirements for opacity or
COMS.
Sec. 63.10(f)................. Recordkeeping/ Yes.................
Reporting Waiver.
Sec. 63.11.................... Control Device No.................. Subpart KKKK does not specify
Requirements/Flares. use of flares for compliance.
Sec. 63.12.................... State Authority and Yes.................
Delegations.
Sec. 63.13.................... Addresses............. Yes.................
Sec. 63.14.................... Incorporation by Yes.................
Reference.
Sec. 63.15.................... Availability of Yes.................
Information/
Confidentiality.
----------------------------------------------------------------------------------------------------------------
Table 6 to Subpart KKKK of Part 63.--Default Organic HAP Mass Fraction for Solvents and Solvent Blends
[You may use the mass fraction values in the following table for solvent blends for which you do not have test
data or manufacturer's formulation data]
----------------------------------------------------------------------------------------------------------------
Average
Solvent/solvent blend CAS. No. organic HAP Typical organic HAP, percent by mass
mass fraction
----------------------------------------------------------------------------------------------------------------
1. Toluene................... 108-88-3 1.0 Toluene.
2. Xylene(s)................. 1330-20-7 1.0 Xylenes, ethylbenzene.
3. Hexane.................... 110-54-3 0.5 n-hexane.
4. n-Hexane.................. 110-54-3 1.0 n-hexane.
5. Ethylbenzene.............. 100-41-4 1.0 Ethylbenzene.
6. Aliphatic 140............. ................ 0 None.
7. Aromatic 100.............. ................ 0.02 1% Xylene, 1% cumene.
8. Aromatic 150.............. ................ 0.09 Naphthalene.
9. Aromatic naphtha.......... 64742-95-6 0.02 1% Xylene, 1% cumene.
10. Aromatic solvent......... 64742-94-5 0.1 Naphthalene.
11. Exempt mineral spirits... 8032-32-4 0 None.
12. Ligroines (VM & P)....... 8032-32-4 0 None.
13. Lactol spirits........... 64742-89-6 0.15 Toluene.
14. Low aromatic white spirit 64742-82-1 0 None.
15. Mineral spirits.......... 64742-88-7 0.01 Xylenes.
16. Hydrotreated naphtha..... 64742-48-9 0 None.
17. Hydrotreated light 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[reg] solvent...... 8052-49-3 0.01 0.5% Xylenes, 0.5% ethylbenzene.
21. VM & P naphtha........... 64742-89-8 0.06 3% Toluene, 3% xylene.
22. Petroleum distillate 68477-31-6 0.08 4% Naphthalene, 4% biphenyl.
mixture.
----------------------------------------------------------------------------------------------------------------
Table 7 to Subpart KKKK of Part 63.--Default Organic HAP Mass Fraction for Petroleum Solvent Groups a
[You may use the mass fraction values in the following table for solvent blends for which you do not have test
data or manufacturer's formulation data]
----------------------------------------------------------------------------------------------------------------
Average
organic HAP
Solvent type mass Typical organic HAP, percent by mass
fraction
----------------------------------------------------------------------------------------------------------------
Aliphatic b..................................... 0.03 1% Xylene, 1% toluene, and 1% ehylbenzene.
Aromatic c...................................... 0.06 4% Xylene, 1% toluene, and 1% ethylbenzene.
----------------------------------------------------------------------------------------------------------------
a Use this table only if the solvent blend does not match any of the solvent blends in Table 6 to this subpart
and you only know whether the blend is aliphatic or aromatic.
b E.g., Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon,
Aliphatic Naphtha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha,
Solvent Blend.
c E.g., Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic
Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.
[FR Doc. 03-21347 Filed 11-12-03; 8:45 am]
BILLING CODE 6560-50-P