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Wednesday, September 13, 2000 Part II Environmental Protection Agency 40 CFR Part 63 National Emission Standards for Hazardous Air Pollutants; Paper and Other Web Coating; Proposed Rule VerDate 11<MAY>2000 16:21 Sep 12, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\13SEP2.SGM pfrm01 PsN: 13SEP2

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Wednesday,

September 13, 2000

Part II

EnvironmentalProtection Agency40 CFR Part 63National Emission Standards forHazardous Air Pollutants; Paper andOther Web Coating; Proposed Rule

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55332 Federal Register / Vol. 65, No. 178 / Wednesday, September 13, 2000 / Proposed Rules

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 63

[FRL–6854–7]

RIN 2060–AG58

National Emission Standards forHazardous Air Pollutants: Paper andOther Web Coating

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Proposed rule.

SUMMARY: We are proposing a standardto limit hazardous air pollutant (HAP)emissions from facilities that coat paperand other web substrates and are majorsources of HAP emissions. The standardis being proposed under section 112 ofthe Clean Air Act (CAA or Act), asamended on November 15, 1990, toprotect public health and theenvironment by reducing HAPemissions from new and existingfacilities. The CAA requires thesesources to achieve the maximum degreeof reduction in emissions of HAP that isachievable. The proposed standardwould eliminate approximately 80percent of nationwide HAP emissionsfrom major sources.DATES: Comments. Comments must bereceived on or before November 13,2000.

Public Hearing. If anyone contacts usby September 27, 2000 to request tospeak at a public hearing, we will holda hearing at 10 a.m. on October 11,2000.

ADDRESSES: Comments. Send comments(in duplicate if possible) to: Air andRadiation Docket and InformationCenter (6102), Attention Docket NumberA–99–09, U.S. EnvironmentalProtection Agency, 1200 PennsylvaniaAvenue, NW., Washington, DC 20460.You may also send comments and databy electronic mail (e-mail) to: [email protected]. (SeeSUPPLEMENTARY INFORMATION, below, formore on file formats.) Be sure to includethe docket number, A–99–09, on yourcomment.

Public Hearing. If anyone contacts usrequesting a public hearing by therequired date (see DATES), a publichearing will be held at our Office ofAdministration Auditorium in ResearchTriangle Park, North Carolina. Youshould contact Ms. Janet Eck, Coatingsand Consumer Products Group,Emission Standards Division (MD–13),U.S. Environmental Protection Agency,Research Triangle Park, North Carolina27711; telephone number (919) 541–7946 to request to speak at a public

hearing or to find out if a hearing willbe held.

Docket. Docket No. A–99–09 containsinformation about the proposed rule.You can read and copy it between 8 a.m.and 5:30 p.m., Monday through Friday(except Federal holidays) at our Air andRadiation Docket and InformationCenter (6102), 401 M Street, SW.,Washington, DC 20460; telephone (202)260–7548. Go to Room M–1500,Waterside Mall (ground floor). Thedocket office may charge a reasonablefee for copying.FOR FURTHER INFORMATION CONTACT: Mr.Paul Almodovar, Coatings andConsumer Products Group, EmissionStandards Division (MD–13), U.S.Environmental Protection Agency,Research Triangle Park, North Carolina27711; telephone number (919) 541–0283; facsimile number (919) 541–5689;e-mail address:[email protected] INFORMATION:Comments. Comments and data may besubmitted by e-mail to: [email protected]. Electronic commentsmust be submitted as an ASCII file toavoid the use of special characters andencryption problems and will also beaccepted on disks in WordPerfect

version 5.1, 6.1, or Corel 8 file format.All comments and data submitted inelectronic form must note the docketnumber: A–99–09. No confidentialbusiness information (CBI) should besubmitted by e-mail. Electroniccomments may be filed online at manyFederal Depository Libraries.

Commenters wishing to submitproprietary information forconsideration must clearly distinguishsuch information from other commentsand clearly label it as CBI. Sendsubmissions containing suchproprietary information directly to thefollowing address, and not to the publicdocket, to ensure that proprietaryinformation is not inadvertently placedin the docket: Attention: Mr. PaulAlmodovar, c/o OAQPS DocumentControl Officer (Room 740B), U.S.Environmental Protection Agency, 411W. Chapel Hill Street, Durham, NC27711. The EPA will discloseinformation identified as CBI only to theextent allowed by the procedures setforth in 40 CFR part 2. If no claim ofconfidentiality accompanies asubmission when it is received by EPA,the information may be made availableto the public without further notice tothe commenter.

Public Hearing. Persons interested inpresenting oral testimony or inquiringas to whether a hearing is to be heldshould contact Ms. Janet Eck (see

ADDRESSES above) at least 2 days inadvance of the public hearing. Personsinterested in attending the publichearing should also call Ms. Eck (seeADDRESSES above) to verify the time,date, and location of the hearing. Thepublic hearing will provide interestedparties the opportunity to present data,views, or arguments concerning theseproposed emission standards.

Docket. The docket for this regulatoryaction is A–99–09. The docket is anorganized and complete file of all theinformation we consider in developingthis rule. It is a dynamic file becausematerial is added throughout therulemaking process. The docketingsystem allows you to readily identifyand find documents so you canparticipate in rulemaking. Along withthe proposed and promulgatedstandards and their preambles, contentsof the docket will serve as the record incase of judicial review (see section307(d)(7)(A) of the CAA). The regulatorytext and other materials related to thisrulemaking are available for review inthe docket or copies may be mailed onrequest from the Air Docket by calling(202) 260–7548. A reasonable fee maybe charged for copying docket materials.

World Wide Web (WWW). In additionto being available in the docket, anelectronic copy of this proposed rule isalso available on the WWW through theTechnology Transfer Network (TTN).Following signature, a copy of the rulewill be posted on the TTN’s policy andguidance page for newly proposed orpromulgated rules http://www.epa.gov/ttn/oarpg. The TTN providesinformation and technology exchange invarious areas of air pollution control. Ifmore information regarding the TTN isneeded, call the TTN HELP line at (919)541–5384.

Plain Language. In compliance withPresident Clinton’s June 1, 1998Executive Memorandum on plainlanguage in government writing, thispreamble is written using plainlanguage. Thus, the use of ‘‘we’’ and‘‘us’’ in this document refers to EPA.The use of ‘‘you’’ refers to the reader,and may include industry; State, local,and tribal governments; environmentalgroups; and other interestedindividuals.

Regulated Entities. Categories andentities potentially regulated by thisaction include those listed on thefollowing table.

This table is not intended to beexhaustive, but is just a guide to entitieslikely to be regulated by final action onthis proposal. It lists the types of entitiesthat may be regulated, but you shouldexamine the applicability criteria insection II of this preamble and in

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55333Federal Register / Vol. 65, No. 178 / Wednesday, September 13, 2000 / Proposed Rules

§ 63.3290 of the proposed rule to decidewhether your facility is likely to beregulated by final action on this

proposal. If you have any questionsabout whether your facility will besubject to the standard, call the person

listed in the preceeding FOR FURTHERINFORMATION CONTACT section.

REGULATED ENTITIES

Category SICcodes

NAICScodes Examples of potentially regulated entities

Paper and Other Web Coating .............. 26532657

a26712672

a2673a267426752679

a275427613074308130833291

a349738613955

a3996

322211322212322221322222322223322224322225322226322299323111323116325992326111326112326113

3261332619232791

332999339944

Those facilities with web coating operationsb that coat substrate used in prod-ucts including, but not limited to: corrugated and solid fiber boxes; folding pa-perboard boxes, including sanitary; flexible packaging (packing paper andplastics film, coated and laminated); pressure sensitive tape and labels, coat-ed and laminated paper, not elsewhere classified (nec); plastics, foil, andcoated paper bags; bags: uncoated paper and multiwall; die-cut paper andboard; converted paper and paperboard products, nec (gift wrap, paper wall-paper, cigarette paper); commercial printing, gravure; manifold businessforms; plastic aseptic packaging; unsupported plastics film and sheet; lami-nated plastics plate, sheet, and profile shapes; abrasive products; laminatedaluminum (metal) foil and leaf, flexible packaging; photographic equipmentand supplies; carbon paper and inked ribbons; linoleum, asphalted-felt base,and other hard surface floor coverings.

a Facilities in these SIC codes are expected to be primarily covered under the printing and publishing national emission standards for haz-ardous air pollutants (NESHAP).

b Web coating operations refer to the continuous application of a layer of material across the entire length of the usable substrate to: provide acovering, finish, or protective layer to the substrate; provide adhesion between two substrates for lamination; and where the continuous web sub-strate is flexible enough to be wound or unwound as rolls.

Background Information Document.The Background Information Document(BID) for the proposed standard may beobtained from the TTN; the paper andother web coating docket (A–99–09); theU.S. Environmental Protection AgencyLibrary (MD–35), Research TrianglePark, North Carolina 27711, telephonenumber (919) 541–2777; or the NationalTechnical Information Service, 5285Port Royal Road, Springfield, Virginia22161, telephone (703) 487–4650. Pleaserefer to ‘‘National Emission Standardsfor Hazardous Air Pollutants: Paper andOther Web Coating—BackgroundInformation for Proposed Standards’’(EPA–453/R–00–002).

Outline. The information presented inthis preamble is organized as follows:

I. What are the subject and purpose of thisproposed rule?

II. Does this proposed rule apply to me?III. What is the proposed emission standard?IV. When do I show initial compliance with

the proposed rule?V. What testing and monitoring must I do?VI. What notification, recordkeeping, and

reporting requirements must I follow?VII. What are the environmental, energy, and

economic impacts of this proposed rule?VIII. What is the basis for selecting the level

of the proposed standards?IX. What is the basis for selecting the format

of the proposed standards?X. Administrative requirements

I. What Are the Subject and Purpose ofThis Proposed Rule?

The CAA requires us to establishstandards to control HAP emissionsfrom source categories identified undersection 112(c) of the CAA. An initialsource category list was published inthe Federal Register on July 16, 1992(57 FR 31576). The source category listidentifies ‘‘Paper and Other WebCoating (Surface Coating)’’ as a sourcecategory because it contains majorsources. Under the CAA, a major sourceis defined as ‘‘* * * any stationarysource or group of stationary sourceslocated within a contiguous area andunder common control that emits or hasthe potential to emit, consideringcontrols, in the aggregate, 10 tons peryear (tpy) or more of any one HAP or25 tpy or more of any combination ofHAP.’’ We have estimated that there areover 400 existing paper and other webcoating facilities, with approximately210 estimated to be major sources.

The purpose of the proposed rule isto reduce emissions of HAP from paperand other web coating major sources.The source category is for major sourcesonly. Area sources are not included inthis source category and therefore arenot subject to the proposed standards.We estimate that annual baselineorganic HAP emissions from this sourcecategory are approximately 35,000

megagrams per year (Mg/yr) (39,000tpy). The proposed rule would eliminateapproximately 29,000 Mg/yr (32,000tpy) of these organic HAP emissions(about an 80 percent reduction).

The organic HAP emitted from thepaper and other web coating processinclude toluene, methanol, methyl ethylketone, xylenes, phenol, methylenechloride, ethylene glycol, glycol ethers,hexane, methyl isobutyl ketone, cresolsand cresylic acid, dimethylformamide,vinyl acetate, formaldehyde, and ethylbenzene. These pollutants can causereversible or irreversible toxic effectsfollowing sufficient exposure. Thepotential toxic effects include eye, nose,throat, and skin irritation, and bloodcell, heart, liver, and kidney damage.

The degree of adverse effects tohuman health from exposure to HAPcan range from mild to severe. Theextent and degree to which the humanhealth effects may be experienced aredependent upon (1) The ambientconcentration observed in the area (asinfluenced by emission rates,meteorological conditions, and terrain);(2) the frequency and duration ofexposures; (3) characteristics of exposedindividuals (genetics, age, preexistinghealth conditions, and lifestyle), whichvary significantly with the population;and (4) pollutant-specific characteristics

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55334 Federal Register / Vol. 65, No. 178 / Wednesday, September 13, 2000 / Proposed Rules

(toxicity, half-life in the environment,bioaccumulation, and persistence).

II. Does This Proposed Rule Apply toMe?

A. What Facilities are subject to ThisProposed Rule?

The paper and other web coatingsource category includes any facilitylocated at a major source and engagedin the coating of paper, plastic film,metallic foil, and other web surfaces.The source category does not includeprinting operations covered under theprinting and publishing nationalemission standards for hazardous airpollutants (NESHAP) (40 CFR part 63,subpart KK). The source category doesnot include coil coating, i.e., theapplication of an organic coating to thesurface of any metal strip at least 0.15millimeter (0.006 inch) thick that ispackaged in a roll or coil, which is beingregulated as a separate source category.Fabric coating is also being regulated asa separate source category. However, weidentified facilities in the paper andother web coating source category thatalso apply coatings to fabric, sometimeson the same coating lines. We areproposing that such coating lines be partof the paper and other web coatingsource category and not subject to thefuture fabric coating NESHAP. Paperand other web coating may be simplyreferred to as ‘‘web coating’’ since paperis one of several web substrates in thepaper and other web coating sourcecategory.

The proposed rule applies to you ifyou own or operate any web coatinglines at a facility that is a major sourceof HAP emissions. This means that thecoating lines at a major source would besubject to the proposed standardwithout regard to the relative proportionof HAP emissions from the web coatinglines to total HAP emissions at thesource.

If your facility is a nonmajor (area)source, i.e., actual and potential annualemissions are less than 10 tons of anysingle HAP and less than 25 tons of allHAP combined, you would not besubject to this proposed rule.

If your facility is a major source, youwould be required to meet the proposedemission limits for all the web coatinglines at your facility. We have defineda web to be a continuous substrate (e.g.,paper, plastic film, foil) that is capableof being rolled at any point during thecoating process. We have defined a webcoating line to be any number of workstations, of which one or more appliesa layer of coating material along thelength of a continuous web substrate,and any associated drying equipment

between an unwind (or feed station) anda rewind (or cutting station). Printingpresses subject to the printing andpublishing NESHAP are not web coatinglines.

B. What Is the Affected Source?We define an affected source as a

stationary source, group of stationarysources, or part of a stationary source towhich a specific NESHAP applies.Within a source category, we select thespecific emission sources (emissionpoints or groupings of emission points)that will make up the affected source forthat category. To select these emissionsources, we mainly consider theconstituent HAP and quantity emittedfrom individual or groups of emissionpoints.

For the paper and other web coatingNESHAP, the affected source isproposed to be the collection of all theweb coating lines at a facility. We arenot proposing requirements foroperations related to coating line andparts cleaning, coating mixing andstorage, film formation, and wastewater.

Coating lines and equipment that arenot in the source category, and thus, notin the affected source, include those thatperform both coating and printing andcomply with the national emissionstandards for the printing andpublishing industry; those that coat coil,even if only part of the time, andtherefore, are in the coil coating sourcecategory; and those that coat only fabricand are in the fabric coating, printing,and dyeing source category (but if bothfabric and other web coating isperformed on a coating line, the line isincluded in the paper and other webcoating affected source).

Many industrial facilities performboth coating and printing operations.Within the printing industry, theproduct and packaging rotogravure andwide-web flexographic industrysegment (that includes the flexiblepackaging industry as a major subsector)does the most coating, with material usedistributed almost equally between inksand other types of coatings. Printingoperations are covered under theNESHAP for the printing and publishingindustry. The printing and publishingNESHAP also includes an option forfacilities that perform both printing andcoating to include certain coatingoperations. Therefore, many facilitiesthat could potentially be subject to theproposed NESHAP for the paper andother web coating industry may havecoating lines already subject to theprinting and publishing NESHAP. Suchweb coating lines included incompliance demonstrations under theprinting and publishing NESHAP are

not subject to this standard. A detaileddiscussion of the printing andpublishing industry is included in theBID for that industry (Docket No. A–92–42, National Emission Standards forHazardous Air Pollutants: Printing andPublishing Industry—BackgroundInformation for Proposed Standards(EPA–453/R–95–002a)).

III. What Is the Proposed EmissionStandard?

A. Proposed Limits

In the proposed rule, you would beable to choose any one of three optionsto limit organic HAP emissions atexisting and new sources and meet theallowable level. The HAP emissionlimits are based on emission captureand control technology that can reducetotal organic HAP emissions by 95percent at existing sources and 98percent at new sources. The emissionlimits reflect this level of control bylimiting organic HAP emissions to nomore than 5 percent and 2 percent of theorganic HAP applied each month atexisting and new sources, respectively;and by limiting emissions based on theweight of the solids part of your coatingor the weight of your total coating. Asdiscussed in section VIII of thispreamble, we believe expressingemission limits in this way isappropriately based on the maximumachievable control technology (MACT)level of control and offers flexibility toreduce emissions through the use ofcontrol technology, pollutionprevention, or a combination of the two.

The three HAP emission limitsproposed for existing sources are: (1)Limit emissions to no more than 5percent of the organic HAP applied forthe month; (2) limit the total amount oforganic HAP in your coatings, or thetotal amount of organic HAP emitted, tono more than 20 weight percent of thetotal solids applied to web substrates ina month; or (3) limit the total amount oforganic HAP in your coatings, or thetotal amount of organic HAP emitted, tono more than 4 weight percent of thetotal mass of coating material applied tothe web substrate in a month.

The three HAP emission limitsproposed for new sources are: (1) Limitemissions to no more than 2 percent ofthe organic HAP applied for the month;(2) limit the total amount of organicHAP in your coatings, or the totalamount of organic HAP emitted, to nomore than 8 weight percent of the totalsolids applied to web substrates in amonth; or (3) limit the total amount oforganic HAP in your coatings, or thetotal amount of organic HAP emitted, tono more than 1.6 weight percent of the

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55335Federal Register / Vol. 65, No. 178 / Wednesday, September 13, 2000 / Proposed Rules

total mass of coating material applied tothe web substrate in a month.

In submitting comments, pleasespecify whether the comment pertainsto one or all of the emission limitationoptions of the proposed standard. Wewill further evaluate the proposedstandard based on our review of publiccomments and other information wemay receive. The final rule may reflectany one of the proposed options to limitorganic HAP emissions, a combinationof the proposed options, or all threeoptions.

The General Provisions (40 CFR part63, subpart A) would also apply to you.The General Provisions codifyprocedures and criteria we use to carryout all part 63 NESHAP promulgatedunder the CAA. The General Provisionscontain administrative procedures,preconstruction review procedures, andprocedures for conducting compliance-related activities such as notifications,recordkeeping and reporting,performance testing, and monitoring.The proposed rule refers to individualsections of the General Provisions thatwe believe will be of particular interestto you. However, unless specificallyoverridden in table 1 of the proposedrule, all of the General Provisionsrequirements would apply to you.

B. Interaction With Other RegulationsYou may be subject to both the paper

and other web coating NESHAP andother future or existing rules, such asnew source performance standards(NSPS) and State rules requiringreasonably available control technologylimits on volatile organic compounds(VOC) emissions. You must complywith all rules. Duplicativerecordkeeping and reportingrequirements and differences inemission limitations may be resolvedthrough your title V permit.

C. What Pollutants Are Limited by ThisProposal?

Today’s proposed rule would limittotal organic HAP emissions fromcoating lines. We did not identifyinorganic HAP as pollutants emitted bythis source category.

IV. When Do I Show Initial ComplianceWith the Proposed Rule?

Existing sources would have tocomply with the final rule no later than3 years after the effective date of thefinal rule. The effective date is the dateof publication of the final rule in theFederal Register. New or reconstructedsources would have to comply uponstart-up of the affected source or theeffective date of the final rule,whichever is later. Details of

compliance requirements can be foundin the General Provisions, as outlined intable 1 of the proposed rule.

Before your initial compliancedemonstration, you would choose oneof the three emission limit options foryour affected source. In your initialcompliance certification, you wouldnotify the Administrator of your choice,and after that you would monitor andreport compliance results accordingly. Ifyou decide to change to anotheremission limitation option, you are alsorequired to notify the Administrator, aswith other changes at the facility,discussed in section VI.

V. What Testing and Monitoring MustI Do?

In addition to the specific testing andmonitoring requirements specifiedbelow for the affected source, theproposed rule adopts the testingrequirements specified in § 63.7 andspecifies that performance tests atexisting sources must be conducted bythe compliance date.

A. Test Methods and ProceduresYou may comply with the proposed

standards by applying materials meetingthe organic HAP emission rate limits, byusing capture and control equipment toreduce organic HAP emissions by 95percent at existing sources and by 98percent at new sources, or by using acombination of low organic HAPmaterials and capture and controlequipment to meet the organic HAPemission rate limits.

If you demonstrate compliance basedon the coating materials applied on yourcoating lines, you must determine theorganic HAP content of materialsapplied. To make this determination,you may either use EPA Method 311 ofappendix A of 40 CFR part 63, use analternative method for determining theorganic HAP content (but only afterobtaining EPA approval), or use thevolatile organic content of the coatingmaterials applied as the value for theorganic HAP content. The volatileorganic content must be determined byEPA Method 24 of appendix A of 40CFR part 60 (or an approved alternativemethod). If you are demonstratingcompliance by applying coatingmaterials that meet the emission limitbased on coating solids applied, thesolids content of the materials must bedetermined using EPA Method 24. Youmay rely on manufacturer’s data todetermine the organic HAP content orvolatile matter and solids content whenthese data are equivalent to thoseobtained from Method 311 (or anapproved alternative method) andMethod 24 (or an approved alternative

method), respectively. You must alsodetermine the mass of each coatingmaterial applied using companyrecords. You must calculate the organicHAP content and mass of all coatingmaterials applied on the coating linesfor each monthly period. However, onlychanges in a material formulation wouldrequire a redetermination of totalorganic HAP weight fraction for thatmaterial. To demonstrate compliance,you must calculate the average mass oforganic HAP in coating materialsapplied and show that it is less than theorganic HAP emission limits specified.

If you use an emission capture andcontrol system to comply with theproposed standard, you mustdemonstrate that the overall controlefficiency reduces total organicemissions by at least 95 percent atexisting sources and 98 percent at newsources. Alternatively, you may usecapture and control equipment incombination with low organic HAPmaterials and demonstrate you meet theorganic HAP emission limit specified.To comply using the combinedapproach, you must determine theoverall control efficiency of theequipment and the organic HAP andsolids content of the materials applied.These values must be determined foreach monthly period.

The overall control efficiency for acapture and control system would bedemonstrated based on emissioncapture and reduction efficiency. Todetermine the capture efficiency, youwould either verify the presence of apermanent total enclosure using EPAMethod 204 of 40 CFR part 51, appendixM, in which case you could assume 100percent capture; or use EPA Method204A through F, or Appendix A of 40CFR part 63, Subpart KK, to measurecapture efficiency.

You must determine the emissionreduction efficiency of a control deviceby conducting a performance test orusing a continuous emission monitoringsystem (CEMS). If you use CEMS, youmust determine the inlet and outletconcentration to calculate the controlefficiency. The CEMS must comply withperformance specification 8 or 9 in 40CFR part 60, appendix B.

If you conduct a performance test, weare proposing that the removalefficiency of a control device bedetermined based on three runs, eachrun lasting 1 hour. Method 1 or 1A of40 CFR part 60, appendix A, must beused for selection of the sampling sites.Method 2, 2A, 2C, 2D, 2F, or 2G of 40CFR part 60, appendix A, must be usedto determine the gas volumetric flowrate. Method 3, 3A or 3B, of 40 CFR part60, appendix A, must be used for gas

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analysis to determine dry molecularweight. Method 4 of 40 CFR part 60,appendix A, must be used to determinestack moisture. Method 25 or 25A of 40CFR part 60, appendix A, must be usedto determine organic volatile matterconcentration. Alternatively, any othertest method or data that have beenvalidated according to the applicableprocedures in Method 301 of 40 CFRpart 63, appendix A, may be used ifapproved by the Administrator.

If you use a solvent recovery system,you may alternatively determine theoverall control efficiency using a liquid-liquid material balance. If youdemonstrate compliance with thematerial balance, you must measure theamount of all materials applied duringeach month and determine the volatilematter content of these materials. Youmust also measure the amount ofvolatile matter recovered by the solventrecovery system during the month andcalculate the overall solvent recoveryefficiency.

The test methods we propose torequire, as discussed above, are existingEPA methods that are familiar to theindustry, readily available, andappropriate to the device or theparameter being measured. The testsselected are expected to establishadequately whether the facility iscomplying with the standard.

B. Monitoring RequirementsAccording to paragraph (a)(3) of

section 114 of the CAA, monitoring ofstationary sources is required todetermine the compliance status of thesources, and whether compliance iscontinuous or intermittent. For affectedsources complying with the proposedstandard with capture and controlsystems, initial compliance isdetermined through an initialperformance test and ongoingcompliance through continuousmonitoring. We are proposing theparameters to be monitored for certaintypes of control devices now used in theindustry. You must set the values ofthese parameters that correspond tocompliance with the proposed standardduring your initial performance test.These values are your ‘‘operatinglimits.’’ If future monitoring shows thatcapture and control equipment isoperating outside the range of valuesestablished during the initialperformance test, then you are deviatingfrom the operating limits.

If you use a capture and controlsystem to meet the proposed standard,you are required to submit a planidentifying the operating limit andmonitoring procedures for the capturesystem. You must monitor in

accordance with your plan unless werequire an alternate monitoringprocedure.

If you use a thermal or catalyticoxidizer, you must monitor temperatureusing a continuous parametermonitoring system. If you use a thermaloxidizer, you must establish the averagecombustion temperature recordedduring the performance test as theoperating limit. If you use a catalyticoxidizer, you must establish as theoperating limits the average gastemperatures recorded during theperformance test both upstream anddownstream of the catalyst bed. Thetime-weighted average of the valuesrecorded during the performance testshall be computed to establish theparameter value(s). For catalyticoxidizers, temperature monitors areplaced immediately before and after thecatalyst bed. For thermal oxidizers, thetemperature monitor is placed in thefirebox or in the duct immediatelydownstream of the firebox before anysubstantial heat exchange occurs.

If you use a solvent recovery system,you must conduct monthly massbalances or operate continuous emissionmonitors as described in theperformance test section.

If you use a combination of captureand control devices and low-HAPmaterials, you are required to monitorthe parameters of the capture andcontrol devices as indicated above. Inaddition, you must record data on theHAP and solids content of the materialsapplied to determine the HAP emissionrate as described in the performance testsection.

The proposed rule specifies the typesof parameters that must be monitoredfor common types of control devices:temperature monitoring for oxidizersand either continuous emission monitorsystems or mass balance measurementsfor solvent recovery. These parameterswere selected because they are goodindicators of control deviceperformance, and because continuousparameter monitoring instrumentationis available at a reasonable cost. Youmust install, calibrate, maintain, andoperate all monitoring equipment asspecified in the proposed rule. If youuse control devices other than thoseidentified in the proposed standard, youmust submit the operating parameters tobe monitored to the Administrator forapproval. You could be approved, on acase-by-case basis, to monitorparameters not specifically listed in theproposed standards. The authority toapprove the parameters to be monitoredis retained by the Administrator and isnot delegated.

VI. What Notification, Recordkeeping,and Reporting Requirements Must IFollow?

The proposed rule requires you tocomply with notification,recordkeeping, and reportingrequirements, generally as described inthe General Provisions (see table 1 of theproposed rule) and specifically asdesigned to support demonstration ofcompliance with this proposed rule. Webelieve that these requirements arenecessary and sufficient to ensure thatyou comply with the requirements inthe proposed subpart JJJJ.

A. Initial NotificationIf the NESHAP apply to you, you

must send an initial notification to theEPA Regional Office in the region whereyour facility is located and to your Stateagency. If you have an existing source,you must submit the initial notificationno later than 1 year before the requiredcompliance date for the standard. If youhave a new or reconstructed source, youmust submit the notification no laterthan 120 days after either the date ofinitial start-up or the effective date ofthe final rule, whichever is later.

The Initial Notification Report notifiesus and your State agency that you havean existing facility that is subject to theproposed standard or that you haveconstructed a new facility. Thus, itallows you and the Federal or Stateenforcement agency to plan forcompliance activities. The GeneralProvisions for NESHAP specifies theinformation you must include in theinitial notification and other reportingrequirements for new or reconstructedsources.

B. Notification of Performance TestsIf the NESHAP apply to you, you will

have several options for demonstratingcompliance. If you demonstratecompliance by using a capture andcontrol system to reduce emissions ofHAP, you must conduct a performancetest as described above. Prior toconducting the performance test, youmust notify us or the delegated State orlocal agency at least 60 calendar daysbefore the performance test is scheduledto begin, as indicated in the GeneralProvisions for NESHAP.

C. Notification of Compliance StatusYou are required to send a notice of

compliance status within 180 days afterthe compliance date as specified in theGeneral Provisions for NESHAP. Thisreport must include your compliancecertification, the results of anyperformance tests and monitoring, and adescription of how you willdemonstrate continuing compliance.

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The notification of compliance statusmust specifically identify whether low-HAP materials, emission capture andcontrol systems, or a combination oflow-HAP materials and capture andcontrol systems were used to complywith this regulation. For capture andcontrol systems, it must also identify theoperating limits established during theperformance test. Specific reportingrequirements are dependent upon howyou choose to comply with theproposed rule.

D. Recordkeeping Requirements

To comply with the proposedstandard based on organic HAP contentor organic HAP emissions on a weightbasis, records must be maintained of theorganic HAP, volatile organic contentand solids content of each coatingapplied, and the amount of each coatingapplied on paper and other web coatinglines each month.

If capture and control technology isused, you are required to keep recordsof the equipment monitoring parametermeasurements specified in the proposedrule that are discussed in section Vabove. You must also develop a start-up,shutdown, and malfunction plan. Youwould have to make the plan availablefor inspection if the Administratorrequests to see it. It would stay in yourrecords for the life of the affected sourceor until the source no longer must meetthe standard in the proposed rule.

E. Periodic Reports

Each reporting year is divided intotwo semiannual reporting periods. If nodeviations occur during a semiannualreporting period, you would submit asemiannual compliance report statingthat the affected source has been incompliance. A deviation is any instancein which you fail to meet anyrequirement or obligation of theproposed standard or any term orcondition adopted to meet the proposedstandard. The following semiannualcompliance reports would be requiredunder this proposal when deviationsoccur:

• If you are complying by usingoxidizers, report all deviations from theoxidizer operating parameters.

• If you are complying by usingsolvent recovery systems and liquid-liquid mass balance, report massbalance calculations for all monthswhen the material balances deviatedfrom the emission limit.

• If you are complying by usingoxidizers or solvent recovery systemswith continuous emission monitors,report all deviations from the operatingparameter values established for the

capture system and all deviations of theemission limit.

• If you are complying by using low-HAP coating materials, report alldeviations from the emission limit.

• If you are complying by using acombination of capture and controlsystems with low-HAP coatingmaterials, report all deviations from theemission limit and all deviations fromoperating parameters described above.

You would also have to send usreports for each semiannual reportingperiod in which the following occur:

• A change occurs at your facility orwithin your process that might affect itscompliance status.

• A change from what was reportedin the initial notice occurs at yourfacility or within your process.

• You decide to change to anotheremission limitation option.

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

We developed model plant facilitiesto represent the industry based on thedata we collected. We estimatedenvironmental, energy, and economicimpacts based upon what these facilitiesmust do to meet the proposed rule.There are several options fordemonstrating compliance with thesestandards, and each facility hasflexibility to adopt the complianceoption which has the least economicimpact for their individual situation.Most of the existing major sourcefacilities in this industry apply solvent-based coatings and utilize thermaloxidation to reduce emissions.Therefore, in estimating the impactsassociated with the proposed rule, weassumed that most facilities wouldinstall a permanent total enclosure andeither install a new thermal oxidizer orimprove an existing one. If a facilitycomplies with the proposed rule byapplying coatings that meet theproposed emission limitation, thecapital and operating costs and otherimpacts would be lower than estimated.Hence, the estimates presented belowmay overestimate the costs and otherimpacts as some facilities may complywith the proposed rule by applying low-HAP coatings.

A. Emission Reductions

For existing affected sources in thepaper and other web coating industry(approximately 210 major sources), thenationwide baseline organic HAPemissions are estimated to be 35,000Mg/yr (39,000 tpy). We estimate thatimplementation of the final rule wouldreduce emissions from major sources by

approximately 29,000 Mg/yr (32,000tpy), or approximately 80 percent.

We have projected the growth of thepaper and other web coating industryand anticipate 32 new affected sourceswill be constructed over the next 5years. These sources will need tocomply with NSPS in 40 CFR part 60 forVOC and, therefore, we estimatedbaseline emissions using a 90 percentreduction of organic HAP as the existinglevel of control. We estimated thatnationwide organic HAP baselineemissions from new sources will beabout 2,875 Mg/yr (3,170 tpy). Weestimate that implementation of thefinal rule would reduce emissions fromnew affected sources by about 2,300 Mg/yr (2,535 tpy), or approximately 80percent.

B. Secondary Environmental ImpactsSecondary environmental impacts are

considered to be any air, water, or solidwaste impacts, positive or negative,associated with the implementation ofthe final standard. These impacts areexclusive of the direct organic HAP airemissions reductions discussed in theprevious section.

We estimate that more than 99percent of the organic HAP emissionsfrom paper and other web coating areVOC. Therefore, the capture and controlof organic HAP that are presentlyemitted will result in a decrease in VOCemissions. Consequently, we estimatethe current nationwide VOC emissionsfrom the paper and other web coatingsource category to be at least 35,000 Mg/yr (39,000 tpy), the nationwide organicHAP estimate. The proposed emissioncontrols for organic HAP will reducenon-HAP VOC emissions as well.Emissions of VOC have been associatedwith a variety of health and welfareimpacts. The VOC emissions, togetherwith nitrogen oxides, are precursors tothe formation of ground-level ozone, orsmog. Exposure to ambient ozone isresponsible for a series of public healthimpacts, such as alterations in lungcapacity and aggravation of existingrespiratory disease. Ozone exposure canalso damage forests and crops.

The use of newly installed orupgraded control devices to meet theproposed standard would result ingreater electricity consumption (seesection VII of this preamble). Increasesin emissions of nitrogen oxides, sulfurdioxide, carbon monoxide, and carbondioxide, as well as certain HAP, fromelectric utilities could result. Theoperation of newly installed orupgraded control devices would alsorequire combustion of supplementalfuel, typically natural gas (see sectionVII of this preamble), resulting in

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additional emissions of nitrogen oxides,carbon monoxide, and carbon dioxide.

It is expected that some paper andother web coating facilities will complywith the proposed standard bysubstituting non-HAP materials fororganic HAP presently in use. In somecases, the non-HAP materials may beVOC, however, in other cases, non-VOCmaterials (e.g., water) may be used.Facilities converting to waterbornematerials as a means or partial means ofcompliance may have reduced ResourceConservation and Recovery Acthazardous waste disposal if the status ofthe waste material changes fromhazardous to nonhazardous. An increasein wastewater discharge may then occurif this waste material and waterbornewash up materials are discharged topublicly owned treatment works.However, we do not expect anysignificant increases in wastewaterdischarge to result from the proposedrule.

New and upgraded catalytic oxidizerswill require catalysts. Catalyst life isestimated to be more than 10 years.Spent catalysts will represent a smallamount of solid waste, and sometimesthe spent catalyst will be regenerated bythe manufacturer for reuse. Activatedcarbon used in solvent recovery systemsis returned to the manufacturer at theend of its useful life and converted toother salable products. Little solid wasteimpact is expected from this source.

C. Energy ImpactsThe operation of new and upgraded

control devices will require additionalenergy. Capture of previouslyuncontrolled solvent-laden air willrequire fan horsepower. Operation ofoxidizers, particularly thermaloxidizers, may require supplementalfuel (typically natural gas) to increasethe combustion temperature andimprove destruction efficiency.

The total additional electrical energyrequired to meet the proposed standardis estimated to be 313 million kilowatt-hours per year. Fuel requirements total3.7 billion British thermal units peryear. These fuel impacts are based on a‘‘worst-case’’ scenario, that is the use ofthermal oxidizers at all facilities, whichis the control scenario expected to resultin the highest energy impacts.

D. Cost ImpactsThe total nationwide capital and

annualized costs (1998 dollars)attributable to compliance with theproposed standard have been estimatedfor existing and new sources. Costs arebased on the use of permanent totalenclosures, thermal oxidizers, andmonitoring equipment. The capital costs

with other methods of control (e.g.,applying low-HAP coatings) areexpected to be significantly lower.

It is expected that any new facilityusing solvent-based coatings will installcontrol systems to comply withapplicable State and Federal regulationsfor reducing VOC emissions from thevarious sectors of this source category(e.g., the standards of performance fornew stationary sources in 40 CFR part60). The data we gathered on thisindustry indicate that thermal oxidationis the most common control technologyinstalled to meet the requirements of theexisting regulations. Thermal oxidationis capable of achieving a 98 percentreduction of HAP emissions. Therefore,the additional costs to a new facilityresulting from this proposed standardwere estimated based on the costs ofconstructing a permanent totalenclosure to deliver all HAP emissionsto the existing thermal oxidizer.

Capital costs would be incurred byinstalling capture and control systems atexisting facilities presently withoutcapture and control systems, andupgrading capture and control systemsat existing facilities that do not meet theproposed standard. Additionally, weestimated the cost for the purchase ofmonitoring equipment needed as acapital investment to meet themonitoring, recordkeeping, andreporting requirements of the proposedrule. Total nationwide capital costs areestimated to be $210 million with thecost for existing sources and newsources estimated to be $198 millionand $12 million, respectively.

Total nationwide annual costs of theproposed standard have been estimatedat $68 million with the annual cost forexisting and new sources estimated tobe $63 million and $5 million,respectively. These costs include capitalrecovery over a 10-year period,operating costs for the newly installedand upgraded capture and controlsystems, and costs for monitoring,recordkeeping, and reporting. These arenet costs after taking into account thecosts presently being incurred for thebaseline control level.

E. Economic ImpactsThe economic impact analysis (EIA)

shows that the expected price increasesfor affected output would range fromonly 0.1 to 1.1 percent as a result of theproposed standard. The expectedchange in production of affected outputis a reduction of 0.1 to 1.1 percent as aresult of the proposed standard. Thereare three plant closures predicted out of169 facilities included in the economicmodel. Although any facility closure iscause for concern, it should be noted

that the baseline economic condition ofthe facilities predicted to close affectsthe closure estimate provided by theeconomic model. Facilities which arealready experiencing adverse economicconditions for reasons unconnected tothis rule are more vulnerable to theimpact of any new costs than those thatare not. The facilities predicted to closeappear to have low profitability levelscurrently. While the rule may adverselyimpact the three facilities predicted toclose, we do not predict an adverseeconomic impact to the industry as awhole.

VIII. What Is the Basis for Selecting theLevel of the Proposed Standards?

A. Source of Authority for StandardsDevelopment

Section 112(c) of the CAA directs usto develop a list of all categories ofmajor sources and appropriate areasources that emit one or more of the 188HAP listed under section 112(b) of theCAA. Paper and other web coating is alisted source category because of itsorganic HAP emissions that include, butare not limited to, toluene, methanol,methyl ethyl ketone, xylenes, phenol,methylene chloride, ethylene glycol andglycol ethers, hexane, methyl isobutylketone, cresols and cresylic acid,dimethylformamide, vinyl acetate,formaldehyde, and ethyl benzene.Section 112(d) of the CAA then directsus to promulgate regulationsestablishing standards for each categoryor subcategory of major and area sourcesof HAP listed pursuant to section 112(c).Those emission standards are to reflectthe application of MACT.

B. What Is the Basis for Defining theAffected Source?

In selecting the affected source(s) forMACT standards, our primary goal is toensure that MACT is applied to all theHAP-emitting equipment within thesource category or subcategory beingregulated. The affected source alsodefines where new source MACTapplies under a particular standard.Specifically, the General Provisionsdefine the terms ‘‘construction’’ and‘‘reconstruction’’ with reference to theterm ‘‘affected source’’ (§ 60.2) andprovide that new source MACT applieswhen construction and reconstructionoccur (§ 60.5). The collection ofequipment evaluated in determiningMACT (including the MACT floor) isusually the collection of equipmentused in defining the affected source.

In defining the affected source for thepaper and other web coating proposedNESHAP, we considered availableinformation on HAP emissions, control

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configurations, industry practices,products produced, and the impacts ofother standards. In general, paper andother web coating facilities are coveredby the SIC codes listed in the RegulatedEntities table. However, facilitiesclassified under other SIC codes may besubject to the proposed standard if thefacility meets the definition of a majorsource and conducts paper and otherweb coating (see section II of thispreamble).

Although the industry manufacturesan extensive list of products, the coatingprocesses used by the different segmentsof the industry are very similar.Typically, the web substrate is put on aweb coating line where it is unwound,coated, rewound and/or cut to size, andpackaged. Alternatively, a web may beunwound, coated, and combined withanother material by lamination (eitherbefore or instead of being rewound). Theweb coating line may include one workstation or multiple work stations whichapply the coating to the web. Each workstation typically uses a single type ofcoating applicator (e.g., reverse roll,knife roll, gravure cylinder, dip, andsqueeze). When there are multiple workstations on a single web coating line,each station may use a different type ofapplicator depending on the needs of aspecific product. Typically, a dryingoven immediately follows each workstation.

The primary organic HAP emissionsource in web coating is the solventused in the coatings. The solvent acts asa vehicle for the material that is used tocoat the web. Once the coating is on theweb, the solvent is usually evaporatedin dryers or otherwise converted toanother material some time during thecoating process.

In the various segments of the paperand other web coating industry, thesame primary organic HAP emissionsources can be found. Dryer organicHAP emissions can represent more than90 percent of the total organic HAPemissions from coating operations.Some emitted organic HAP are notcaptured in the dryer exhaust. Thisuncaptured or fugitive organic HAPinclude that which evaporate from thecoatings into the coating room duringapplication, and that which evaporatefrom the web in the dryers but are thenswept out of the dryer as the web travelstoward the succeeding work station.Most, if not all, of the solvent emittedcan be collected if capture equipment isinstalled to collect fugitive solventvapors.

Dryer exhaust and fugitive emissionscan be vented to control devices such asoxidizers or solvent recovery systems.Organic HAP may escape destruction or

recovery by the control system, as theymay be retained in the coated web.Organic HAP that remains in the webafter removal from the coating line mayleave the facility in the coated webproduct or may evaporate duringadditional processing (e.g., slitting,folding, stitching, etc.).

Coating application and drying/curingare the largest emission sources oforganic HAP emissions for all segmentsof the paper and other web coatingindustry. Because these emission pointsare on the web coating lines, the webcoating lines are the largest emissionsource. Therefore, the proposed affectedsource is broadly defined as thecollection of all web coating lines at afacility (see section II of this preamble).This broad definition was selected toprovide sources with flexibility forcompliance demonstrations, i.e.,averaging emissions from all webcoating lines rather than demonstratingcompliance for each individual line.

C. What Is the MACT Floor That Is theBasis for the Proposed Standard?

Data were obtained from 268 paperand other web coating facilities. Facilitydata were obtained through surveyinstruments, facility visits, and datareported to EPA’s AerometricInformation Retrieval System.

Of the 268 facilities, 210 wereestimated to have the potential to bemajor sources. These 210 facilities wereanalyzed to identify the top performingfacilities in terms of emissionlimitations from coating lines. The bestcontrolled facilities used capture andcontrol systems to reduce HAPemissions. Capture technology includedwork station hoods and total enclosuresaround the coating lines. Controltechnology included catalytic andthermal oxidation, as well as solventrecovery systems using carbonadsorption or condensation units.

In many cases, existing controldevices were originally designed andoperated to control VOC emissions. Weassumed that the performance of thesecontrol devices with respect to VOC andorganic HAP is equivalent because theorganic HAP commonly used in thisindustry are also VOC.

Of the 210 facilities in the MACTfloor database, 119 used capture andcontrol systems. The same types ofcapture and control systems were usedby these facilities even though the typesof coatings, web-substrates and productsvaried widely. All of the facilities wereranked by the percent overall emissionsreductions achieved for the collection ofall the coating lines at each facility. Theaverage reduction achieved by the bestcontrolled 12 percent of the facilities

was 95 percent. Consequently, weidentified 95 percent overall control oforganic HAP emissions as the MACTfloor for existing sources.

We also determined that new sourcesemploying permanent total enclosureswith new destruction or recoverysystems can be designed to achieve 98percent overall control of organic HAPemissions. This is the anticipated levelof control for new sources using theemission capture and controltechnologies used by the best controlledsources in the category. Although somefacilities reported more than 98 percentoverall control of organic HAPemissions, this higher level of controlmay not be achievable on a continuousbasis under all normal operatingconditions applicable to new sources.Consequently, 98 percent overall controlof organic HAP emissions is the MACTfloor for new sources.

D. What Are the Control OptionsBeyond the MACT Floor?

We did not identify any controlequipment capable of achievingemissions reductions beyond the MACTfloor for new sources. We identified andconsidered one control level morestringent than the MACT floor forexisting sources. The more stringentlevel for existing sources would require98 percent overall control of organicHAP emissions from coating lines. Inevaluating this control option to selectthe most appropriate MACT level, wecalculated the additional costs andemissions reductions associated withrequiring existing sources to achievethis more stringent level of control.While many existing sources canimprove upon existing capture andcontrol systems to achieve a 98 percentoverall control of organic HAPemissions from coating lines, we believethat most of these same facilities wouldneed to fully replace existing captureand control systems to achieve the morestringent level of control.

We calculated the cost effectiveness(i.e., cost for each ton of HAP reduced)for reducing HAP emissions at existingsources meeting the MACT floor and themore stringent level of control.Requiring existing sources to meet theMACT floor level results in estimatedemissions reductions of 28,700 Mg/yr(31,600 tpy) at an estimated cost of $63million per year or $1,990 per ton ofHAP reduced. We determined that theincremental cost for the more stringentlevel of control ($84.5 million)compared to the incremental emissionsreductions (3,766 tpy) (an incrementalcost effectiveness of $22,433 per ton ofHAP reduced) did not warrant goingbeyond the MACT floor. Therefore, we

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did not select the more stringent controloption as the basis for the standard.

E. What Is the Proposed MACTStandard?

For reasons discussed above, weselected the MACT floors for existingand new paper and other web coatinglines as the appropriate level of controlfor this source category. The proposedlevel of control for existing sources is 95percent overall control of organic HAPemissions from coating lines,alternatively stated as limitingemissions to no more than 5 percent ofthe organic HAP applied. The proposedlevel of control for new sources is 98percent overall control of organic HAPemissions from coating lines,alternatively stated as limitingemissions to no more than 2 percent ofthe organic HAP applied.

Paper and other web coating facilitiesmay be able to reduce the HAP contentof the coatings applied on their coatinglines. We consider such HAP reductionsas pollution prevention and believepollution prevention is a desirableoutcome. To encourage further pollutionprevention, we are also proposingemission limitations in two formats thatreflect the MACT level of control, butwould not require sources to use add-oncontrols to achieve that level.

Coating formulations and organicHAP content vary depending on thecoating characteristics required for theproducts being produced. We evaluatedthe coating data available to us toestablish a baseline organic HAPcontent for the coatings currently usedin this source category. For existingsources, we reduced the baselineorganic HAP content of coatings by 95percent to establish the emissionlimitations of 0.20 kilograms (kg) ofHAP emitted per kg of coating solidsapplied and 0.04 kg of HAP emitted perkg of coating applied. Similarly, for newsources, we reduced the baselineorganic HAP content by 98 percent toestablish the emission limitations of0.08 kg HAP emitted per kg of coatingsolids applied and 0.016 kg of HAPemitted per kg of coating applied.

We believe these emission limitations,expressed in the proposed standard asboth a HAP content limit and a HAPemission limit, are appropriately basedon the MACT level of control.Compliance with the HAP contentlimits and equivalent HAP emissionlimits must be determined using themonthly average HAP applied on a masssolids or mass coating basis. Sourcesoperating capture and control systemscan comply with these emissionlimitations by determining the organicHAP content of the coatings applied on

all their coating lines and factoring inthe capture and control efficiency suchthat the monthly average controlledorganic HAP emissions from theaffected source meet these limits.

IX. What Is the Basis for Selecting theFormat of the Proposed Standards?

The proposed format for the emissionstandard is an overall percent reductionof emissions, taking into account bothcapture and control system efficiencies.Data available to us regarding theefficiency of capture and controlsystems used in this industry indicatethat overall efficiency is typicallydetermined by a performance test forcapture systems and oxidizers andliquid-liquid material balance forsolvent recovery systems. The proposedstandard allows for determining overallcontrol efficiency through a variety ofmechanisms to be consistent withindustry practices. We selected thisformat because it reflects MACT at allfacilities and allows flexibility in themethod selected for achieving thepercent reduction limit.

The use of an allowable concentrationof emissions in the exhaust gasesdischarged to the atmosphere was alsoconsidered. The major disadvantage ofthis format is its inability to identify theoverall control efficiency of the captureand control system, and thus, theoverall percent reduction of organicHAP emissions. The concentration ofemissions in exhaust gases could bedecreased by increasing dilution airthrough the capture and control system.Thus, we do not believe an exhaust gasconcentration limit is appropriate fordemonstrating the overall percentreduction of emissions.

To encourage the use of low- and no-HAP materials, two additional formatsare proposed. These formats limitemissions to either mass of HAP permass of coating solids applied, or massof HAP per mass of coating materialapplied (both solids and liquid).Affected sources can use either low- orno-HAP coating materials to meet theselimits or capture and control systems, ora combination of the two. These formatsdo not establish any certain percentreduction requirement for capture andcontrol systems but do accurately reflectapplication of MACT. Thus, they canprovide flexibility for a source tocombine add-on control with use oflow-HAP materials to achieve theemissions reductions.

X. Administrative Requirements

A. Executive Order 12866, RegulatoryPlanning and Review

Under Executive Order 12866 (58 FR51735, October 4, 1993), EPA mustdetermine whether the regulatory actionis ‘‘significant’’ and therefore subject toreview by the Office of Management andBudget (OMB) and the requirements ofthe Executive Order. The ExecutiveOrder defines ‘‘significant regulatoryaction’’ as one that is likely to result ina rule that may:

(1) Have an annual effect on theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or tribal governments orcommunities;

(2) Create a serious inconsistency orotherwise interfere with an action takenor planned by another agency;

(3) Materially alter the budgetaryimpact of entitlements, grants, user fees,or loan programs, or the rights andobligation of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in the Executive Order.

Pursuant to the terms of ExecutiveOrder 12866, it has been determinedthat this rule is not a ‘‘significantregulatory action’’ because none of thelisted criteria apply to this action.Consequently, this action was notsubmitted to OMB for review underExecutive Order 12866.

B. Executive Order 13132, Federalism

Executive Order 13132, entitled‘‘Federalism’’ (64 FR 43255, August 10,1999), requires EPA to develop anaccountable process to ensure‘‘meaningful and timely input by Stateand local officials in the development ofregulatory policies that have federalismimplications.’’ ‘‘Policies that havefederalism implications’’ is defined inthe Executive Order to includeregulations that have ‘‘substantial directeffects on the States, on the relationshipbetween the national government andthe States, or on the distribution ofpower and responsibilities among thevarious levels of government.’’

Under section 6 of Executive Order13132, EPA may not issue a regulationthat has federalism implications, thatimposes substantial direct compliancecosts, and that is not required by statute,unless the Federal government providesthe funds necessary to pay the directcompliance costs incurred by State andlocal governments, or EPA consults withState and local officials early in the

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process of developing the proposedregulation. The EPA also may not issuea regulation that has federalismimplications and that preempts Statelaw, unless the Agency consults withState and local officials early in theprocess of developing the proposedregulation.

This proposed rule does not havefederalism implications. It will not havesubstantial direct effects on the States,on the relationship between the nationalgovernment and the States, or on thedistribution of power andresponsibilities among the variouslevels of government, as specified inExecutive Order 13132. Thus, therequirements of section 6 of theExecutive Order do not apply to thisproposed rule. Although section 6 ofExecutive Order 13132 does not applyto this proposed rule, EPA did consultwith State and local officials to enablethem to provide timely input in thedevelopment of this proposed rule.

C. Executive Order 13084, Consultationand Coordination With Indian TribalGovernments

Under Executive Order 13084, EPAmay not issue a regulation that is notrequired by statute, that significantly oruniquely affects the communities ofIndian tribal governments, and thatimposes substantial direct compliancecosts on those communities, unless theFederal government provides the fundsnecessary to pay the direct compliancecosts incurred by the tribalgovernments, or EPA consults withthose governments. If EPA complies byconsulting, Executive Order 13084requires EPA to provide to the OMB, ina separately identified section of thepreamble to the rule, a description ofthe extent of EPA’s prior consultationwith representatives of affected tribalgovernments, a summary of the natureof their concerns, and a statementsupporting the need to issue theregulation. In addition, Executive Order13084 requires EPA to develop aneffective process permitting electedofficials and other representatives ofIndian tribal governments ‘‘to providemeaningful and timely input in thedevelopment of regulatory policies onmatters that significantly or uniquelyaffect their communities.’’

Today’s proposed rule does notsignificantly or uniquely affect thecommunities of Indian tribalgovernments. No tribal governmentsown or operate paper and other webcoating lines. Accordingly, therequirements of section 3(b) ofExecutive Order 13084 do not apply tothis action.

D. Executive Order 13045, Protection ofChildren from Environmental HealthRisks and Safety Risks

Executive Order 13045 (62 FR 19885,April 23, 1997) applies to any rule that:(1) Is determined to be ‘‘economicallysignificant’’ as defined under ExecutiveOrder 12866, and (2) concerns anenvironmental health or safety risk thatEPA has reason to believe may have adisproportionate effect on children. Ifthe regulatory action meets both criteria,the EPA must evaluate theenvironmental health or safety effects ofthe planned rule on children, andexplain why the planned regulation ispreferable to other potentially effectiveand reasonably feasible alternativesconsidered by the Agency.

The EPA interprets Executive Order13045 as applying only to thoseregulatory actions that are based onhealth or safety risks, such that theanalysis required under section 5–501 ofthe Executive Order has the potential toinfluence the regulation. This proposedrule is not subject to Executive Order13045 because it is based on technologyperformance and not on an assessmentof health or safety risks. Furthermore,this rule has been determined not to be‘‘economically significant’’ as definedunder Executive Order 12866.

E. Unfunded Mandates Reform Act of1995

Title II of the Unfunded MandatesReform Act of 1995 (UMRA), Pub. L.104–4, establishes requirements forFederal agencies to assess the effects oftheir regulatory actions on State, local,and tribal governments and the privatesector. Under section 202 of the UMRA,EPA generally must prepare a writtenstatement, including a cost-benefitanalysis, for proposed and final ruleswith ‘‘Federal mandates’’ that mayresult in expenditures by State, local,and tribal governments, in the aggregate,or by the private sector, of $100 millionor more in any 1 year. Beforepromulgating an EPA rule for which awritten statement is needed, section 205of the UMRA generally requires EPA toidentify and consider a reasonablenumber of regulatory alternatives andadopt the least-costly, most cost-effective, or least-burdensomealternative that achieves the objectivesof the rule. The provisions of section205 do not apply when they areinconsistent with applicable law.Moreover, section 205 allows EPA toadopt an alternative other than the least-costly, most cost-effective, or least-burdensome alternative if theAdministrator publishes with the finalrule an explanation why that alternative

was not adopted. Before EPA establishesany regulatory requirements that maysignificantly or uniquely affect smallgovernments, including tribalgovernments, it must have developedunder section 203 of the UMRA a smallgovernment agency plan. The plan mustprovide for notifying potentiallyaffected small governments, enablingofficials of affected small governmentsto have meaningful and timely input inthe development of EPA regulatoryproposals with significant Federalintergovernmental mandates, andinforming, educating, and advisingsmall governments on compliance withthe regulatory requirements.

The EPA has determined that thisproposed rule does not contain aFederal mandate that may result inexpenditures of $100 million or morefor State, local, and tribal governments,in the aggregate, or the private sector inany 1 year. The maximum total annualcost of this proposed rule for any yearhas been estimated to be about $68million. Thus, today’s proposed rule isnot subject to the requirements ofsections 202 and 205 of the UMRA. Inaddition, the EPA has determined thatthis proposed rule contains noregulatory requirements that mightsignificantly or uniquely affect smallgovernments because it contains norequirements that apply to suchgovernments or impose obligationsupon them. Therefore, today’s proposedrule is not subject to the requirementsof section 203 of the UMRA.

F. Regulatory Flexibility Act (RFA), asAmended by the Small BusinessRegulatory Enforcement Fairness Act of1966 (SBREFA), 5 U.S.C. 601, et seq.

The RFA generally requires an agencyto prepare a regulatory flexibilityanalysis of any rule subject to noticeand comment rulemaking requirementsunder the Administrative Procedure Actor any other statute unless the agencycertifies that the rule will not have asignificant economic impact on asubstantial number of small entities.Small entities include small businesses,small organizations, and smallgovernmental jurisdictions.

For purposes of assessing the impactsof today’s proposed rule on smallentities, small entity is defined as: (1) Asmall business ranging from 500 to 750employees; (2) a small governmentaljurisdiction that is a government of acity, county, town, school district, orspecial district with a population of lessthan 50,000; and (3) a smallorganization that is any not-for-profitenterprise which is independentlyowned and operated and is notdominant in its field.

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After considering the economicimpacts of today’s proposed rule onsmall entities, I certify that this actionwill not have a significant impact on asubstantial number of small entities. Inaccordance with the RFA, EPAconducted an assessment of theproposed standard on small businesseswithin the paper and other web coatingindustry. Based on SBA size definitionsfor the affected industries and reportedsales and employment data, EPAidentified 50 of the 103 companiesowning affected facilities as smallbusinesses. Although small businessesrepresent 49 percent of the companieswithin the source category, they areexpected to incur only 25 percent of thetotal industry compliance costs of $63million. There are only six small firmswith compliance costs equal to orgreater than 3 percent of their sales. Inaddition, there are only four small firmswith cost-to-sales ratios between 1 and3 percent.

The EPA performed an EIA toestimate the changes in product priceand production quantities for the firmsaffected by this proposed rule. Theanalysis shows that of the 54 facilitiesowned by affected small firms, only onewould be expected to shut down ratherthan incur the cost of compliance withthe proposed rule. Although any facilityclosure is cause for concern, it shouldbe noted that the baseline economiccondition of the facility predicted toclose affects the closure estimateprovided by the economic model.Facilities which are alreadyexperiencing adverse economicconditions for reasons unconnected tothis rule are more vulnerable to theimpact of any new costs than those thatare not. The facility predicted to closeappears to have low profitability levelscurrently. The EPA also notes that,while economies of scale will requireindividual small firms to pay asomewhat higher proportion of revenuesthan large firms for compliance, theburden on most small firms is quite lownevertheless. The median compliancecost is well below 1 percent of sales forboth small and large firms affected bythe proposed standard (0.16 and 0.03percent of sales for small and largefirms, respectively).

In summary, this analysis supportstoday’s certification under the RFAbecause, while a few small firms mayexperience significant impacts, therewill not be a substantial numberincurring such a burden. For moreinformation, consult the docket for thisproject.

Although this proposed rule will nothave a significant economic impact ona substantial number of small entities,

EPA has nonetheless workedaggressively to minimize the impact ofthis rule on small entities, consistentwith our obligations under the CAA. Wesolicited input from small entitiesduring the data-gathering phase of theproposed rulemaking. Section VIII ofthis preamble further describes theinformation we obtained. Many smallentities, like other affected paper andother web coating sources, currentlycomply with regulations limitingemissions of VOC. These facilitiescurrently limit VOC emissions usingadd-on control equipment or pollutionprevention coatings (coatings with littleVOC content). Some small entitiesraised concerns regarding potentialoverlap between VOC regulations andthe NESHAP. To address these concernsand be consistent with the current VOCcontrol techniques, our proposedcompliance options, test methods, andrecordkeeping and reportingrequirements would allow small entitiesto comply with the proposed regulationusing most of their existing VOCcompliance procedures. We believe thiswill significantly reduce the complianceburden for small entities, therebymitigating potential impacts andpreventing any duplication of effort. Inaddition, we are proposing complianceoptions which give small entitiesflexibility in choosing the most cost-effective and least-burdensomealternative for their operation. Forexample, a facility could purchase anduse low-HAP coatings (i.e., pollutionprevention) that meet the proposedstandard instead of using add-oncapture and control systems. Thismethod of compliance can bedemonstrated with minimum burden byusing already-maintained purchase andusage records. No testing of materialswould be required, as the facility ownercould show that their coatings meet theemission limits by providingformulation data supplied by themanufacturer. We are also proposingthat compliance demonstrations beconducted monthly, rather than on adaily basis. We believe this will reducethe amount of records needed todemonstrate compliance with the rule.Furthermore, we are proposing theminimum monitoring, recordkeeping,and reporting requirements specified inthe general provisions (40 CFR part 63,subpart A). We continue to be interestedin the potential impacts of the proposedrule on small entities and welcomecomments on issues related to suchimpacts.

G. Paperwork Reduction ActThe information collection

requirements in this proposed rule have

been submitted for approval to OMBunder the Paperwork Reduction Act, 44U.S.C. 3501, et seq. An InformationCollection Request (ICR) document hasbeen prepared by the EPA (ICR No.1951) and a copy may be obtained fromSandy Farmer by mail at the Office ofEnvironmental Information, CollectionStrategies Division (2822), U.S.Environmental Protection Agency, 1200Pennsylvania Avenue, NW, Washington,DC 20460, by e-mail [email protected], or by calling(202) 260–2740. A copy may also bedownloaded off the internet at http://www.epa.gov/icr. The informationrequirements are not effective untilOMB approves them.

The information requirements arebased on notification, recordkeeping,and reporting requirements in theNESHAP General Provisions (40 CFRpart 63, subpart A), which aremandatory for all operators subject tonational emission standards. Theserecordkeeping and reportingrequirements are specifically authorizedby section 114 of the CAA (42 U.S.C.7414). All information submitted to EPApursuant to the recordkeeping andreporting requirements for which aclaim of confidentiality is made issafeguarded according to Agencypolicies set forth in 40 CFR part 2,subpart B.

The annual monitoring,recordkeeping, and reporting burden forthis collection (averaged over the first 3years after the effective date of the rule)for existing web coating facilities isestimated to be 155 labor hours perfacility at a total annual cost of $14,414per facility. This estimate includes aone-time submission of a start-up,shutdown, and malfunction plan withsemiannual reports for any event whenthe procedures in the plan were notfollowed; semiannual excess emissionreports; notifications; andrecordkeeping. The total capital/start-upcost component (including purchase ofservices component) annualized over itsexpected useful life is $121,000. Theoperation and maintenance costscomponent is $35,000 per year.

Burden means the total time, effort, orfinancial resources expended by personsto generate, maintain, retain, or discloseor provide information to or for aFederal agency. This includes the timeneeded to review instructions; develop,acquire, install, and utilize technologyand systems for the purposes ofcollecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information; adjust theexisting ways to comply with anypreviously applicable instructions and

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requirements; train personnel to be ableto respond to a collection ofinformation; search data sources;complete and review the collection ofinformation; and transmit or otherwisedisclose the information.

An agency may not conduct orsponsor, and a person is not required torespond to, a collection of informationunless it displays a currently valid OMBcontrol number. The OMB controlnumbers for EPA’s regulations are listedin 40 CFR part 9 and 48 CFR chapter 15.

Comments are requested on EPA’sneed for this information, the accuracyof the provided burden estimates, andany suggested methods for minimizingrespondent burden, including throughthe use of automated collectiontechniques. Send comments on the ICRto the Director, Collection StrategiesDivision (2822), U.S. EnvironmentalProtection Agency, 1200 PennsylvaniaAve., NW, Washington, DC 20460, andto the Office of Information andRegulatory Affairs, Office ofManagement and Budget, 725 17thStreet, NW, Washington, DC 20503marked ‘‘Attention: Desk Officer forEPA.’’ Include the ICR number in anycorrespondence. Since OMB is requiredto make a decision concerning the ICRbetween 30 and 60 days after September13, 2000, a comment to OMB is bestassured of having its full effect if OMBreceives it by October 13, 2000. Thefinal rule will respond to any OMB orpublic comments on the informationcollection requirements contained inthis proposal.

H. National Technology Transfer andAdvancement Act

Section 12(d) of the NationalTechnology Transfer and AdvancementAct of 1995 (NTTAA), Pub. L. No. 104–113, section 12(d) (15 U.S.C. 272 note),directs all Federal agencies to usevoluntary consensus standards (VCS)instead of government-unique standardsin their regulatory activities unless to doso would be inconsistent withapplicable law or otherwise impractical.The VCS are technical standards (e.g.,material specifications, test methods,sampling and analytical procedures,business practices, etc.) that aredeveloped or adopted by one or moreVCS bodies. Examples of organizationsgenerally regarded as VCS bodiesinclude the American Society forTesting and Materials, the National FireProtection Association, and the Societyof Automotive Engineers. The NTTAArequires Federal agencies like EPA toprovide Congress, through OMB, withexplanations when an agency decidesnot to use available and applicable VCS.

This proposed rulemaking involvestechnical standards. Therefore, duringthe proposed rulemaking process, EPAsearched for VCS that might beapplicable. The search for emissionsmonitoring procedures identified 18VCS that appeared to have possible usein lieu of EPA standard referencemethods. However, after reviewing theavailable standards, EPA determinedthat ten of the candidate consensusstandards (ASME C00031 or PTC 19–10–1981), ASTM D3154–91, ASTM3271–87, ASTM D3464–96, ASTMD3796–90, ASTM E337–84, and EN1093–4:1996, EN 12619:1999, ISO9096:1992, and ISO 10780:1994)identified for measuring emissions ofHAP or surrogates subject to emissionstandards in the proposed rule wouldnot be practical due to lack ofequivalency, documentation, andvalidation data. Seven of the remainingcandidate consensus standards (ASME/BSR MFC 12m, ASME/BSR MFC 13m,ASTM Z6871Z, ISO PWI 17895, ISO/DIS 11890–1, ISO/DIS 11890–2 andISO/FDIS 14965) are underdevelopment or under EPA review. TheEPA plans to follow, review andconsider adopting these standards aftertheir development and further review byEPA are completed.

The ASTM 3960–98 is practical foruse in measuring the VOC content ofsurface coatings for this proposal. Thisstandard uses the same techniques,equipment, and procedures as Method24. Since this proposal allows themeasurement of VOC content as asurrogate for HAP using Method 24, thisis an acceptable method alternative toEPA Method 24 for VOC. Therefore,ASTM 3960–98 will be incorporated byreference into 40 CFR 63.14 by the EPA.

Six consensus standards: ASTMD1475–90, ASTM D2369–95, ASTMD3792–91, ASTM D4017–96a, ASTMD4457–85 (Reapproved 91), and ASTMD5403–93 are already incorporated byreference in EPA Method 24 and fiveconsensus standards: ASTM D1979–91,ASTM D3432–89, ASTM D4747–87,ASTM D4827–93, and ASTM PS 9–94are incorporated by reference in EPAMethod 311.

The EPA takes comment on proposedcompliance demonstration requirementsproposed in this rulemaking andspecifically invites the public to identifypotentially-applicable voluntaryconsensus standards. Commentorsshould also explain why this proposedrule should adopt these VCS in lieu ofEPA’s standards. Emission test methodsand performance specificationssubmitted for evaluation should beaccompanied with a basis for therecommendation, including method

validation data and the procedure usedto validate the candidate method (ifmethod other than Method 301, 40 CFRpart 63, appendix A was used).

Section 63.3360 of the proposedstandard lists the EPA’s testing methodsand performance standards included inthe proposed rule. Most of the standardshave been used by States and industryfor more than 10 years. Nevertheless,§ 63.3360 allows for any State or sourceto apply to EPA for permission to usean alternative method in place of any ofthe EPA testing methods or performancestandards listed in § 63.3360.

List of Subjects in 40 CFR Part 63

Environmental protection, Airpollution control, Hazardoussubstances, Intergovernmental relations,Reporting and recordkeepingrequirements.

Dated: August 14, 2000.Carol M. Browner,Administrator.

For reasons set out in the preamble,title 40, chapter I, part 63 of the Codeof Federal Regulations is proposed to beamended as follows:

PART 63—[AMENDED]

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

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

2. Part 63 is amended by adding asubpart JJJJ to read as follows:

Subpart JJJJ—National EmissionStandards for Hazardous AirPollutants: Paper and Other WebCoating

Sec.

What This Subpart Covers

63.3280 What is in this subpart?63.3290 Does this subpart apply to me?63.3300 Which of my emission sources are

affected?63.3310 What definitions are used in this

subpart?

Emission Standards and Compliance Dates

63.3320 What emission standards must Imeet?

63.3330 When must I comply?

General Requirements for Compliance withthe Emission Standards and for Monitoringand Performance Tests

63.3340 What general requirements must Imeet?

63.3350 If I have a control device, whatmonitoring must I do?

63.3360 What performance test methodsmust I conduct?

Requirements for Showing Compliance

63.3370 How do I demonstrate compliancewith the emission standards?

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Reports and Records63.3400 What reports must I submit?63.3410 What records must I keep?

Delegation of Authority63.3420 What authorities may be delegated

to the States?63.3420—63.3479 [Reserved]

TablesTable 1 to Subpart JJJJ—Applicability of 40

CFR Part 63 General Provisions toSubpart JJJJ

What This Subpart Covers

§ 63.3280 What is in this subpart?This subpart describes the actions you

must take to reduce emissions ofhazardous air pollutants (HAP) frompaper and other web coating. Paper isone of several web substrates to whichcoatings are applied using a web coatingline. This subpart establishes emissionstandards for web coating lines andspecifies what you must do to complyif you own or operate a facility with webcoating lines that is a major source ofHAP. Certain requirements apply to allwho must follow the subpart; othersdepend on the means you use to complywith an emission standard.

§ 63.3290 Does this subpart apply to me?The provisions of this subpart apply

to each new and existing facility that isa major source of HAP, as defined in§ 63.2, at which web coating lines areoperated.

§ 63.3300 Which of my emission sourcesare affected?

(a) The affected source subject to thissubpart is the collection of all webcoating lines at your facility, except:

(1) Web coating lines that are stand-alone coating equipment under 40 CFRpart 63, subpart KK, and the owner oroperator includes such coating lines inits compliance demonstration undersubpart KK.

(2) Web coating lines which are usedfor coating coil.

(3) Web coating lines which areresearch or laboratory equipment asdefined in § 63.3310.

(b) [Reserved]

§ 63.3310 What definitions are used in thissubpart?

(a) All terms used in this subpart thatare not defined below have the meaninggiven to them in the Clean Air Act (CAAor Act) and in subpart A of this part.

Always-controlled work station meansa work station associated with a dryerfrom which the exhaust is delivered toa control device with no provision forthe dryer exhaust to bypass the controldevice. Sampling lines for analyzers andrelief valves needed for safety purposesare not considered bypass lines.

As-applied means the condition of acoating at the time of application to asubstrate, including any added solvent.

As-purchased means the condition ofa coating as delivered to the user.

Capture efficiency means the fractionof all organic HAP emissions generatedby a process that is introduced to acontrol device, expressed as apercentage.

Capture system means a hood,enclosed room, or other means ofcollecting organic HAP emissions into aclosed-vent system that exhausts to acontrol device.

Car-seal means a seal that is placed ona device that is used to change theposition of a valve or damper (e.g., fromopen to closed) in such a way that theposition of the valve or damper cannotbe changed without breaking the seal.

Coating materials means all inks,varnishes, adhesives, primers, solvents,reducers, and other solids-containingmaterials applied to a substrate via aweb coating line. Materials used to forma substrate are not considered coatingmaterials.

Coil means a continuous metalsubstrate where the metal is greater than0.006 inch thick.

Control device means a device such asa solvent recovery device or oxidizerwhich reduces the organic HAP in anexhaust gas by recovery or bydestruction.

Control device efficiency means theratio of organic HAP emissionsrecovered or destroyed by a controldevice to the total organic HAPemissions that are introduced into thecontrol device, expressed as apercentage.

Day means a 24-consecutive-hourperiod.

Deviation means any instance inwhich an affected source, subject to thissubpart, or an owner or operator of sucha source:

(1) Fails to meet any requirement orobligation established by this subpartincluding, but not limited to, anyemission limitation (including anyoperating limit) or work practicestandard;

(2) Fails to meet any term or conditionthat is adopted to implement anapplicable requirement in this subpartand that is included in the operatingpermit for any affected source requiredto obtain such a permit; or

(3) Fails to meet any emissionlimitation (including any operatinglimit) or work practice standard in thissubpart during start-up, shutdown, ormalfunction, regardless of whether ornot such failure is permitted by thissubpart.

Fabric means any of the substratesknotted, woven and nonwoven yarn,thread, and textiles; fiberglass; cord; andcarpet.

Facility means all contiguous oradjoining property that is undercommon ownership or control,including properties that are separatedonly by a road or other public right-of-way.

Formulation data means data on theorganic HAP weight fraction, volatilematter weight fraction, or solids weightfraction of a material that is generatedby the manufacturer or means otherthan a test method specified in thissubpart or an approved alternativemethod.

HAP means hazardous air pollutants.HAP applied means the organic HAP

content of all coating materials appliedto a substrate by a coating line affectedsource.

Intermittently-controllable workstation means a work station associatedwith a dryer with provisions for thedryer exhaust to be delivered to ordiverted from a control devicedepending on the position of a valve ordamper. Sampling lines for analyzersand relief valves needed for safetypurposes are not considered bypasslines.

Month means a calendar month or apre-specified period of 28 days to 35days to allow for flexibility inrecordkeeping when data are based ona business accounting period.

Never-controlled work station means awork station which is not equippedwith provisions by which anyemissions, including those in theexhaust from any associated dryer, maybe delivered to a control device.

New source means any affected sourcethe construction or reconstruction ofwhich is commenced after September13, 2000.

Overall organic HAP controlefficiency means the total efficiency ofa capture and control system.

Research or laboratory equipmentmeans any equipment for which theprimary purpose is to conduct researchand development into new processesand products, where such equipment isoperated under the close supervision oftechnically trained personnel and is notengaged in the manufacture of productsfor commercial sale in commerce,except in a de minimis manner.

Uncontrolled coating line means acoating line consisting of only nevercontrolled work stations.

Unwind or feed station means a unitfrom which substrate is fed to a webcoating line.

Web means a continuous substrate(e.g., paper, film, foil) which is flexible

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enough to be wound or unwound asrolls. Fabric and coil are not consideredweb substrates for purposes of thissubpart.

Web coating line means any numberof work stations, of which one or moreapplies a layer of coating material alongthe length of a continuous websubstrate, and any associated dryingequipment between an unwind or feedstation and a rewind or cutting station.Printing presses subject to subpart KK ofthis part are not web coating lines.

Work station means a unit on a webcoating line where material is depositedonto a web substrate.

(b) The symbols used in equations inthis subpart are defined as follows:

(1) Cahi = the monthly average, as-applied, organic HAP content of coatingmaterial, i, expressed as a weightfraction, kilogram (kg)/kg.

(2) Casi = the monthly average, as-applied, solids content, of coatingmaterial, i, expressed as a weightfraction, kg/kg.

(3) Cavi = the monthly average, as-applied, volatile organic content ofcoating material, i, expressed as aweight fraction, kg/kg.

(4) Cc = the concentration of organiccompounds as carbon, parts per millionby volume (ppmv).

(5) Chi = the organic HAP content ofcoating material, i, as-purchased,expressed as a weight fraction, kg/kg.

(6) Chij = the organic HAP content ofmaterial, j, added to as-purchasedcoating material, i, expressed as aweight fraction, kg/kg.

(7) Csi = the solids content of coatingmaterial, i, expressed as a weightfraction, kg/kg.

(8) Csij = the solids content ofmaterial, j, added to as-purchasedcoating material, i, expressed as aweight fraction, kg/kg.

(9) Cvi = the volatile organic contentof coating material, i, expressed as aweight fraction, kg/kg.

(10) Cvij = the volatile organic contentof material, j, added to as-purchasedcoating material, i, expressed as aweight fraction, kg/kg.

(11) E = the organic volatile mattercontrol efficiency of the control device,percent.

(12) CE = the organic volatile mattercapture efficiency of the capture system,percent.

(13) Gi = the mass fraction of eachcoating material, i, which was applied at20 weight percent or greater solidscontent, on an as-applied basis, kg/kg.

(14) Ha = the monthly allowableorganic HAP emissions, kg.

(15) He = the total monthly organicHAP emitted, kg.

(16) HL = the monthly average, as-applied, organic HAP content of all

coating materials applied, expressed askg organic HAP per kg of coatingmaterial applied, kg/kg.

(17) Hm = the total monthly organicHAP applied, kg.

(18) Hs = the monthly average, as-applied, organic HAP to solids ratio, kgorganic HAP/kg solids applied.

(19) Hsi = the as-applied, organic HAPto solids ratio of coating material, i.

(20) L = the mass organic HAPemitted per mass of solids applied, kg/kg.

(21) MBi = the sum of the mass ofcoating material, i, as-applied onintermittently-controllable work stationsoperating in bypass mode and the massof coating material, i, as-applied onnever-controlled work stations, in amonth, kg.

(22) Mci = the sum of the mass ofcoating material, i, as-applied onintermittently-controllable work stationsoperating in controlled mode and themass of coating material, i, as-appliedon always-controlled work stations, in amonth, kg.

(23) Mf = the total organic volatilematter mass flow rate, kg/hour (h).

(24) Mfi = the organic volatile mattermass flow rate at the inlet to the controldevice, kg/h.

(25) Mfo = the organic volatile mattermass flow rate at the outlet of thecontrol device, kg/h.

(26) Mi = the mass of as-purchasedcoating material, i, applied in a month,kg.

(27) Mij = the mass of material, j,added to as-purchased coating material,i, in a month, kg.

(28) MLj = the mass of non-solids-containing coating material, j, added tosolids-containing coating materialswhich were applied at less than 20weight percent solids content, on an as-applied basis, in a month, kg.

(29) Mvr = the mass of volatile matterrecovered in a month, kg.

(30) n = the number of organiccompounds in the vent gas.

(31) p = the number of differentcoating materials applied in a month.

(32) q = the number of differentmaterials added to the coating material.

(33) Qsd = the volumetric flow rate ofgases entering or exiting the controldevice, as determined by Method 2, 2A,2C, 2D, 2F, or 2G, dry standard cubicmeters/hour (dscm)/h.

(34) R = the overall organic HAPcontrol efficiency, percent.

(35) Rv = the organic volatile mattercollection and recovery efficiency,percent.

(36) S = the mass organic HAPemitted per mass of material applied,kg/kg.

(37) 0.0416 = conversion factor formolar volume, kg-moles per cubic meter

(mol/m3) (@ 293 Kelvin (K) and 760millimeters of mercury (mmHg)).

(38) 12.0 = the molecular weight ofcarbon.

Emission Standards and ComplianceDates

§ 63.3320 What emission standards must Imeet?

(a) If you own or operate any paperand other web coating affected sourcethat is subject to the requirements ofthis subpart, you must comply withthese requirements on and after thecompliance dates as specified in§ 63.3330.

(b) You must limit emissions to:(1) No more than 5 percent of the

organic HAP applied for the month atexisting sources, and no more than 2percent of the organic HAP applied forthe month at new sources; or

(2) No more than 4 percent of themass of coating materials applied for themonth at existing sources, and no morethan 1.6 percent of the mass of coatingmaterials applied for the month at newsources; or

(3) No more than 20 percent of themass of solids applied for the month atexisting sources, and no more than 8percent of the solids applied for themonth at new sources.

(c) You must demonstrate compliancewith this standard by following one ofthe procedures in § 63.3370.

§ 63.3330 When must I comply?(a) If you own or operate an existing

affected source subject to the provisionsof this subpart, you must comply by thecompliance date. The compliance dateis [3 years after publication of the finalrule in the Federal Register]. You mustcomplete any performance test requiredin § 63.3360 prior to the compliancedate.

(b) If you own or operate a newaffected source subject to the provisionsof this subpart, you must complyimmediately upon start-up of theaffected source, or after [the date ofpublication of the final rule in theFederal Register], whichever is later.

(c) If you own or operate areconstructed affected source subject tothe provisions of this subpart, you mustcomply immediately upon start-up ofthe affected source, or after [the date ofpublication of the final rule in theFederal Register], whichever is later.Affected sources which have undergonereconstruction as defined in § 63.2 aresubject to the requirements for newaffected sources. The costs associatedwith the purchase and installation of airpollution control equipment are notconsidered in determining whether theaffected source has been reconstructed.

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Additionally, the costs of retrofittingand replacing of equipment that isinstalled specifically to comply withthis subpart are not consideredreconstruction costs.

General Requirements for ComplianceWith the Emission Standards and forMonitoring and Performance Tests

§ 63.3340 What general requirements mustI meet?

Table 1 of this subpart specifies theprovisions of subpart A of this part that

apply to you if you are subject to thissubpart.

§ 63.3350 If I have a control device, whatmonitoring must I do?

(a) A summary of monitoring youmust do follows:

If you operate a web coating line, andhave the following: Then you must:

(1) Intermittently-controlled work sta-tions.

Record parameters related to possible exhaust flow bypass of control device andcoating use (paragraph (c) of this section).

(2) Solvent recovery unit .......................... Operate continuous emission monitoring system (CEMS) and perform quarterlyaudits or measure volatile matter recovered and conduct a liquid-liquid mate-rial balance (paragraph (d) of this section).

(3) Oxidizer ............................................... Operate continuous parameter monitoring system (CPMS) (paragraph (e) of thissection).

(4) Capture system .................................... Monitor capture system operating parameter (paragraph (f) of this section).

(b) Following the date on which theinitial performance test of a controldevice is completed, to demonstratecontinuing compliance with thestandard, you must monitor and inspecteach capture system and each controldevice used to comply with § 63.3320.You must install and operate themonitoring equipment as specified inparagraphs (c) through (f) of this section.

(c) Bypass and coating usemonitoring. If you own or operatecoating lines with intermittently-controlled work stations, you mustmonitor bypasses of the control deviceand the mass of each coating materialapplied at the work station during anysuch bypass. You must demonstrate thatany coating material applied on anuncontrolled-work station or anintermittently-controlled work stationoperated in bypass mode is allowed inyour compliance demonstrationaccording to § 63.3370(n) through (o).The bypass monitoring must beconducted using at least one of theprocedures in paragraphs (c)(1) through(4) of this section for each work stationand associated dryer.

(1) Flow control position indicator.Install, calibrate, maintain, and operateaccording to the manufacturer’sspecifications a flow control positionindicator that provides a recordindicating whether the exhaust streamfrom the dryer was directed to thecontrol device or was diverted from thecontrol device. The time and flowcontrol position must be recorded atleast once per hour, as well as everytime the flow direction is changed. Aflow control position indicator must beinstalled at the entrance to any bypass

line that could divert the exhaust streamaway from the control device to theatmosphere.

(2) Car-seal or lock-and-key valveclosures. Secure any bypass line valvein the closed position with a car-seal ora lock-and-key type configuration; avisual inspection of the seal or closuremechanism must be performed at leastonce every month to ensure that thevalve or damper is maintained in theclosed position, and the exhaust streamis not diverted through the bypass line.

(3) Valve closure continuousmonitoring. Ensure that any bypass linevalve or damper is in the closedposition through continuous monitoringof valve position when the controldevice is in operation. The monitoringsystem must be inspected at least onceevery month to verify that the monitorwill indicate valve position.

(4) Automatic shutdown system. Usean automatic shutdown system in whichthe coating line is stopped when flow isdiverted away from the control device toany bypass line when the control deviceis in operation. The automatic systemmust be inspected at least once everymonth to verify that it will detectdiversions of flow and will shut downoperations.

(d) Solvent recovery unit. If you ownor operate a solvent recovery unit tocomply with § 63.3320, you must meetthe requirements in either paragraph(d)(1) or (2) of this section depending onhow control efficiency is determined.

(1) Continuous emission monitoringsystem (CEMS). If you are demonstratingcompliance with the standard in§ 63.3320 through continuous emissionmonitoring of a control device, youmust install, calibrate, operate, and

maintain CEMS to measure the totalorganic volatile matter concentration atboth the control device inlet and theoutlet such that the reduction efficiencycan be determined. Each continuousemission monitor must comply withperformance specification 8 or 9 of 40CFR part 60, appendix B, as appropriate.The requirements of procedure 1,appendix F, of 40 CFR part 60 must alsobe followed. In conducting the quarterlyaudits of the monitors as required byprocedure 1, appendix F, you must usecompounds representative of thegaseous emission stream beingcontrolled.

(2) Liquid-liquid material balance. Ifyou are demonstrating compliance withthe standard in § 63.3320 throughliquid-liquid material balance, you mustinstall, calibrate, maintain, and operateaccording to the manufacturer’sspecifications a device that indicates thecumulative amount of volatile matterrecovered by the solvent recoverydevice on a monthly basis. The devicemust be certified by the manufacturer tobe accurate to within ± 2.0 percent bymass.

(e) Continuous parameter monitoringsystem (CPMS). If you are using anoxidizer to comply with the standard in§ 63.3320, you must install and operateCPMS according to paragraphs (e)(1)through (6)(vii) of this section:

(1) Each CPMS must complete aminimum of one cycle of operation foreach successive 15-minute period. Youmust have a minimum of foursuccessive cycles of operation to have avalid hour of data.

(2) You must have valid data from atleast 90 percent of the hours duringwhich the process operated.

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(3) You must determine the hourlyaverage of all recorded readings.Provided all of the recorded readingsclearly demonstrate continuouscompliance with the standard thatapplies to you, then you are notrequired to determine the hourlyaverage of all recorded readings.

(4) You must determine the rolling 3-hour average of all recorded readings foreach operating period.

(5) You must record the results ofeach inspection, calibration, andvalidation check.

(6) For each temperature monitoringdevice, you must also:

(i) Locate the temperature sensor asspecified in § 63.3360(e)(3).

(ii) Use a temperature sensor with aminimum tolerance of 2.2 degreesCelsius or 0.75 percent of thetemperature value, whichever is larger.

(iii) Shield the temperature sensorsystem from electromagneticinterference and chemicalcontaminants.

(iv) If a chart recorder is used, it musthave a sensitivity in the minor divisionof at least 20 degrees Fahrenheit.

(v) Perform an electronic calibrationat least semiannually according to the

procedures in the manufacturer’sowners manual. Following theelectronic calibration, you must conducta temperature sensor validation check inwhich a second or redundanttemperature sensor placed nearby theprocess temperature sensor must yield areading within 16.7 degrees Celsius ofthe process temperature sensor’sreading.

(vi) Conduct calibration andvalidation checks any time the sensorexceeds the manufacturer’s specifiedmaximum operating temperature rangeor install a new temperature sensor.

(vii) At least monthly, inspect allcomponents for integrity and allelectrical connections for continuity,oxidation, and galvanic corrosion.

(f) Capture system monitoring. If youare complying with the standard in§ 63.3320 through the use of a capturesystem and control device, you mustsubmit a monitoring plan containing theinformation specified in paragraphs(f)(1) and (2) of this section. You mustmonitor the capture system inaccordance with paragraph (f)(3) of thissection. You must submit themonitoring plan to the Administrator

with the compliance status reportrequired by § 63.9(h).

(1) The monitoring plan must:(i) Identify the operating parameter to

be monitored to ensure that the captureefficiency measured during the initialcompliance test is maintained; and

(ii) Discuss why this parameter isappropriate for demonstrating ongoingcompliance; and

(iii) Identify the specific monitoringprocedures.

(2) The monitoring plan must specifythe operating parameter value, or rangeof values, that demonstrate compliancewith the standards in § 63.3320. Thespecified operating parameter, or rangeof values, must represent the conditionspresent when the capture system isbeing properly operated andmaintained.

(3) You must conduct monitoring inaccordance with the plan submitted tothe Administrator unless commentsreceived from the Administrator requirean alternate monitoring scheme.

§ 63.3360 What performance test methodsmust I conduct?

(a) The performance test methods youmust conduct are as follows:

If you control organic HAP on your webcoating lines by: You must:

(1) Limiting organic HAP or volatilematter content of coatings.

Determine the organic HAP or volatile matter and weight solids content of coat-ing materials according to procedures in paragraphs (c) and (d) of this section.

(2) Using a capture and control system. Conduct performance tests to determine: (i) the destruction efficiency ofoxidizers according to paragraph (e) of this section; and (ii) the capture effi-ciency of capture systems according to paragraph (f) of this section.

(b) If you are using a control deviceto comply with the requirements of§ 63.3320, you are not required toconduct a performance test todemonstrate compliance if one or moreof the criteria in paragraphs (b)(1)through (3) of this section are met.

(1) The control device is equippedwith continuous emission monitors fordetermining inlet and outlet totalorganic volatile matter concentration,and capture efficiency has beendetermined in accordance with therequirements of this subpart, such thatan overall organic HAP controlefficiency can be calculated, and thecontinuous emission monitors are usedto demonstrate continuous compliancein accordance with § 63.3350; or

(2) You have met the requirements of§ 63.7(h) (for waiver of performancetesting); or

(3) The control device is a solventrecovery system, and you comply by

means of a monthly liquid-liquidmaterial balance.

(c) Organic HAP content. If you ownor operate a paper and other webcoating facility, you must determine theorganic HAP weight fraction of eachcoating material ‘‘as-purchased,’’ Chi, byfollowing one of the procedures inparagraphs (c)(1) through (3) of thissection, and determine the organic HAPweight fraction of each coating material‘‘as-applied,’’ Cahi, by following theprocedures in paragraph (c)(4) of thissection.

(1) Method 311. You may test thecoating material in accordance withMethod 311 of appendix A of part 63.The Method 311 determination may beperformed by the manufacturer of thecoating material and the resultsprovided to the owner or operator. Theorganic HAP content must be calculatedaccording to the criteria and proceduresin paragraphs (c)(1)(i) through (iii) ofthis section. If the HAP content values

are not determined using Method 311,the owner or operator must submit analternative test method for determiningtheir values for approval by theAdministrator. The recovery efficiencyof the test method must be determinedfor all of the target organic HAP and acorrection factor, if necessary, must bedetermined and applied.

(i) Count each organic HAP measuredto be present at greater than or equal to0.1 weight percent for carcinogens andgreater than or equal to 1.0 weightpercent for noncarcinogens.

(ii) The weight fraction of eachorganic HAP shall be expressed as avalue truncated four places after thedecimal point.

(iii) Calculate the weight fraction oforganic HAP in the tested material bysumming the counted individualorganic HAP weight fractions. The totalHAP content shall be expressed as avalue truncated three places after thedecimal point.

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(2) Method 24. The owner or operatormay determine the volatile organiccontent (i.e., the weight fraction ofnonaqueous volatile matter) of thecoating material in accordance with§ 63.3360(d)(1) and use this value forthe organic HAP content for allcompliance purposes.

(3) Formulation data. The owner oroperator may use formulation data tocalculate the organic HAP weightfraction of a coating material.Formulation data may be provided tothe owner or operator by themanufacturer of the material. In theevent of an inconsistency betweenMethod 311 of appendix A of part 63test data and a facility’s formulationdata and the Method 311 test value ishigher, the Method 311 data willgovern. Formulation data may be usedprovided that the information representsall organic HAP present at a level equalto or greater than 0.1 percent forcarcinogens and equal to or greater than1.0 percent for noncarcinogens in anyraw material used, weighted by the massfraction of each raw material used in thecoating material’s formulation.

(4) As-applied organic HAP weightfraction, Cahi. If the as-purchased coatingmaterial is applied to the web withoutany solvent or other material added,then the as-applied organic HAP weightfraction, Cahi, is equal to the as-purchased organic HAP weight fraction,Chi. Otherwise, the as-applied organicHAP weight fraction, Cahi, must becalculated using Equation 3a of§ 63.3370.

(d) Volatile organic and solidscontent. If you own or operate a paperand other web coating facility, you mustdetermine the as-purchased volatileorganic content, Cvi, and solids content,Csi, of each coating material applied byfollowing the procedures in paragraph(d)(1) or (2) of this section, and the as-applied volatile organic content, Cavi,and solids content, Casi, of each coatingmaterial by following the procedures inparagraph (d)(3) of this section.

(1) Method 24. You must determinethe volatile organic and solids weightfraction of each coating material appliedusing Method 24 of 40 CFR part 60,appendix A. The Method 24determination may be performed by themanufacturer of the material and the

results provided to the owner oroperator. If these values cannot bedetermined using Method 24, the owneror operator must submit an alternativetechnique for determining their valuesfor approval by the Administrator.

(2) Formulation data. You maydetermine the volatile organic content ofmaterials based on formulation data andmay rely on volatile organic contentdata provided by material suppliers. Inthe event of any inconsistency betweenthe formulation data and the results ofTest Method 24 of 40 CFR part 60,appendix A, the results of Test Method24 will govern.

(3) As-applied volatile organiccontent, Cavi, and solids content, Casi. Ifthe as-purchased coating material isapplied to the web without any solventor other material added, then the as-applied volatile organic content, Cavi, isequal to the as-purchased volatilecontent, Cvi, and the as-applied solidscontent, Casi, is equal to the as-purchased solids content, Csi.Otherwise, the as-applied volatileorganic content, Cavi, must be calculatedusing Equation 3b of § 63.3370 and theas-applied solids content, Casi, must becalculated using Equation 4 of§ 63.3370.

(e) Destruction efficiency of oxidizer.If you are using an oxidizer to complywith the standard in § 63.3320, youmust conduct a performance test toestablish the destruction efficiency ofthe oxidizer according to the methodsand procedures in paragraphs (e)(1) and(2) of this section. You must establishthe associated combustion zonetemperature for a thermal oxidizer andthe associated catalyst bed inlet andoutlet temperatures for a catalyticoxidizer according to the procedures inparagraph (e)(3) of this section.

(1) An initial performance test toestablish the destruction efficiency of anoxidizer must be conducted such thatoxidizer inlet and outlet testing isconducted simultaneously, and the dataare reduced in accordance with thereference methods and procedures inparagraphs (e)(1)(i) through (ix):

(i) Method 1 or 1A of 40 CFR part 60,appendix A, must be used for sampleand velocity traverses to determinesampling locations.

(ii) Method 2, 2A, 2C, 2D, 2F, or 2Gof 40 CFR part 60, appendix A, must beused to determine gas volumetric flowrate.

(iii) Method 3, 3A, or 3B of 40 CFRpart 60, appendix A, must be used forgas analysis to determine dry molecularweight.

(iv) Method 4 of 40 CFR part 60,appendix A, must be used to determinestack gas moisture.

(v) The gas volumetric flow rate, drymolecular weight, and stack gasmoisture must be determined for eachrun specified in paragraph (e)(1)(vii) ofthis section.

(vi) Method 25 of 40 CFR part 60,appendix A, must be used to determinevolatile organic compoundconcentration, except as provided inparagraphs (e)(1)(vi)(A) through (C) ofthis section. You must submit notice ofthe intended test method to theAdministrator for approval along withnotice of the performance test requiredunder § 63.7(c). You may use Method25A of 40 CFR part 60, appendix A; if

(A) An exhaust gas volatile organiccompound concentration of 50 ppmv orless is required to comply with thestandards of § 63.3320; or

(B) The volatile organic compoundconcentration at the inlet to the controlsystem and the required level of controlare such that result in exhaust gasvolatile organic compoundconcentrations of 50 ppmv or less; or

(C) Because of the high efficiency ofthe control device, the anticipatedvolatile organic compoundconcentration at the control deviceexhaust is 50 ppmv or less, regardless ofinlet concentration.

(vii) Except as provided in§ 63.7(e)(3), each performance test mustconsist of three separate runs; each runconducted for at least 1 hour under theconditions that exist when the affectedsource is operating under normaloperating conditions. For the purpose ofdetermining volatile organic compoundconcentrations and mass flow rates, theaverage of the results of all the runs willapply.

(viii) Organic volatile matter massflow rates must be determined for eachrun specified in paragraph (e)(1)(vii) ofthis section using Equation 1:

(ix) Emission control device efficiency must be determined using Equation 2:

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(2) You must record such processinformation as may be necessary todetermine the conditions in existence atthe time of the performance test.Operations during periods of start-up,shutdown, and malfunction will notconstitute representative conditions forthe purpose of a performance test.

(3) For the purpose of determining thevalue of the oxidizer operatingparameter that must demonstratecontinuing compliance, the average ofthe values recorded during theperformance test must be computedaccording to the procedures in thisparagraph (e)(3). For an oxidizer otherthan catalytic oxidizer, the owner oroperator must establish as the operatingparameter the minimum combustiontemperature in the combustion chamber.This must be accomplished by locatingthe temperature sensor in thecombustion zone. For a catalyticoxidizer, the owner or operator mustestablish as the operating parameters theminimum gas temperature at the inlet

and the temperature rise across thecatalyst bed. This must be accomplishedby locating temperature sensors at boththe inlet and outlet of the catalyst bed.You must collect temperature data every15 minutes during the entire period ofthe 3-hour performance test anddetermine the average temperature overthe 3-hour performance test bycomputing the average of all of the 15-minute readings.

(f) Capture efficiency. If you are usingan oxidizer to comply with the standardin § 63.3320, you must determinecapture efficiency of the capture systemusing the procedures in paragraph(f)(1),(2), or (3) of this section, asapplicable.

(1) You may assume your captureefficiency, CE, equals 100 percent ifyour capture system is a permanent totalenclosure. You must confirm that yourcapture system is a permanent totalenclosure by demonstrating that it meetsthe requirements of section 6 of EPAMethod 204 of 40 CFR part 51, appendixM, and that all exhaust gases from the

enclosure are delivered to a controldevice.

(2) You may determine captureefficiency, CE, according to theprotocols for testing temporary totalenclosures that are specified in Methods204 and 204A through F of 40 CFR part51, appendix M. You may excludenever-controlled work stations fromsuch capture efficiency determinations.

(3) You may use any captureefficiency protocol and test methodsthat satisfy the criteria of either the DataQuality Objective or the LowerConfidence Limit approach as describedin appendix A of subpart KK of thispart. The owner or operator mayexclude never-controlled work stationsfrom such capture efficiencydeterminations.

Requirements for Showing Compliance

§ 63.3370 How do I demonstratecompliance with the emission standards?

(a) A summary of how you mustdemonstrate compliance follows:

If you choose to demonstrate complianceby: Then you must demonstrate that:

(1) Use of ‘‘as-purchased’’ compliantcoating materials.

(i) Each coating material used at an existing source does not exceed 0.04 kg or-ganic HAP per kg coating material (i.e., 4 weight percent) and each coatingmaterial used at a new source does not exceed 0.016 kg organic HAP per kgcoating material (i.e., 1.6 weight percent) as-purchased (paragraph (b) of thissection); or

(ii) Each coating material used at an existing source does not exceed 0.2 kg or-ganic HAP per kg solids (i.e., 20 weight percent solids) and each coating mate-rial used at a new source does not exceed 0.08 kg organic HAP per kg solids(i.e., 8 weight-percent solids) as-purchased (paragraph (b) of this section).

(2) Use of ‘‘as-applied’’ compliant coat-ing materials.

(i) Each coating material used at an existing source does not exceed 0.04 kg or-ganic HAP per kg coating material (i.e., 4 weight percent) and each coatingmaterial used at a new source does not exceed 0.016 kg organic HAP per kgcoating material (i.e., 1.6 weight percent) as-applied on a monthly averagebasis (paragraph (c)(1) of this section); or

(ii) Each coating material used at an existing source does not exceed 0.2 kg or-ganic HAP per kg solids (i.e., 20 weight-percent solids) and each coating mate-rial used at a new source does not exceed 0.08 kg organic HAP per kg solids(i.e., 8 weight percent) as-applied on a monthly average basis (paragraph (c)(2)of this section); or

(iii) Monthly average of all materials used at an existing source does not exceed0.04 kg organic HAP per kg coating material (i.e., 4 weight percent) andmonthly average of all materials used at a new source does not exceed 0.016kg organic HAP per kg coating material (i.e., 1.6 weight percent) as-applied ona monthly average basis (paragraph (c)(3) of this section); or

(iv) Monthly average of all coating material used at an existing source does notexceed 0.2 kg organic HAP per kg solids and monthly average of all coatingmaterials used at a new source does not exceed 0.08 kg organic HAP per kgsolids as-applied on a monthly average basis (paragraph (c)(4) of this section).

(3) Tracking total monthly HAP applied Total monthly organic HAP applied does not exceed the calculated limit basedon emission limitations (paragraph (d) of this section).

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If you choose to demonstrate complianceby: Then you must demonstrate that:

(4) Use of a control device ....................... Overall organic HAP control efficiency is equal to 95 percent at an existingsource and 98 percent at a new source, on a monthly basis (paragraph (e) ofthis section).

(5) Use of a combination of compliantcoatings and control devices, andmaintain an acceptable equivalentemission rate.

(i) Average equivalent emission rate does not exceed 0.2 kg organic HAP per kgsolids at an existing source and 0.08 kg organic HAP per kg solids at a newsource on a monthly average as-applied basis (paragraph (f) of this section); or

(ii) Average equivalent emission rate does not exceed 0.04 kg organic HAP perkg coating material at an existing source and 0.016 kg organic HAP per coatingmaterial at a new source on a monthly average as-applied basis (paragraph (g)of this section); or

(iii) Average equivalent emission rate does not exceed the calculated limit basedon emission limitations (paragraph (h) of this section).

(b) As-purchased ‘‘compliant’’ coatingmaterials. (1) If you comply by usingcoatings that individually meet thelimits in § 63.3320(b)(2) or (3), you mustdemonstrate that each coating materialapplied during the month at an existingsource contains no more than 0.04weight fraction organic HAP or 0.2 kgorganic HAP per kg solids, and that eachcoating material applied during themonth at a new source contains no morethan 0.016 weight fraction organic HAPor 0.08 kg organic HAP per kg solids, onan as-purchased basis, as determined inaccordance with § 63.3360(c).

(2) You are in compliance withemission limits in § 63.3320(b)(2) and(3) if each coating material applied at anexisting source is applied as-purchasedand contains no more than 0.04 kgorganic HAP per kg coating material or

0.2 kg organic HAP per kg solids, andeach coating material applied at a newsource is applied as-purchased andcontains no more than 0.016 kg organicHAP per kg coating material or 0.08 kgorganic HAP per kg solids.

(c) As-applied ‘‘compliant’’ coatingmaterials. If you comply by usingcoatings that meet the limits in§ 63.3320(b)(2) or (3) as-applied, youmust demonstrate compliance byfollowing one of the procedures inparagraph (c)(1) through (4) of thissection. Compliance is determined inaccordance with paragraph (c)(5) of thissection.

(1) Each coating material as-appliedmeets the weight fraction of coatingstandard (§ 63.3320(b)(2)). You mustdemonstrate that each coating materialapplied at an existing source during the

month contains no more than 0.04 kgorganic HAP per kg coating materialapplied, and each coating materialapplied at a new source contains nomore than 0.016 kg organic HAP per kgcoating material applied on a monthlyaverage as-applied basis as determinedin accordance with paragraphs (c)(1)(i)through (ii) of this section. You mustcalculate the as-applied organic HAPcontent of as-purchased materials whichare reduced, thinned, or diluted prior toapplication.

(i) Determine the organic HAP contentor volatile organic content of eachcoating material applied on an as-purchased basis in accordance with§ 63.3360(c).

(ii) Calculate the monthly average as-applied organic HAP content, Cahi, ofeach coating material using Equation 3a:

or calculate the monthly average as-applied volatile organic content, Cavi, of each coating material using Equation3b:

(2) Each coating material as-appliedmeets the weight fraction of solidsstandard (§ 63.3320(b)(3)). You must

demonstrate that each coating materialapplied at an existing source containsno more than 0.20 kg of organic HAP

per kg of solids applied, and eachcoating material applied at a new sourcecontains no more than 0.08 kg of organic

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HAP per kg of solids applied on amonthly average as-applied basis. Youmust demonstrate compliance inaccordance with paragraphs (c)(2)(i) and(ii) of this section.

(i) Determine the as-applied solidscontent of each coating materialfollowing the procedure in § 63.3360(d).You must calculate the monthly averageas-applied solids content of materials

which are reduced, thinned, or dilutedprior to application, using Equation 4:

(ii) Calculate the as-applied organic HAP to solids ratio, Hsi, using Equation 5:

(3) Monthly average organic HAPcontent of all coating materials as-applied is less than weight percent limit(§ 63.3320(b)(2)). Demonstrate that the

monthly average as-applied organicHAP content, HL, of all coating materialsapplied at an existing source is less than0.04 kg organic HAP per kg of material

applied, and all coating materialsapplied at a new source are less than0.016 kg organic HAP per kg of materialapplied, as determined by Equation 6:

(4) Monthly average HAP content ofall coating materials, as-applied, is lessthan weight fraction of solids limit(§ 63.3320(b)(3)). Demonstrate that themonthly average as-applied organic

HAP content on the basis of solidsapplied, HS, of all coating materialsapplied at an existing source is less than0.20 kg organic HAP per kg solidsapplied, and all coating materials

applied at a new source are less than0.08 kg organic HAP per kg solidsapplied, as determined by Equation 7:

(5) The affected source is incompliance with emission limits in§ 63.3320(b)(2) and (3) if:

(i) The organic HAP content of eachcoating material as-applied at anexisting source is no more than 0.04 kgorganic HAP per kg coating material or0.2 kg organic HAP per kg solids, andthe organic HAP content of each coatingmaterial as-applied at a new sourcecontains no more than 0.016 kg organic

HAP per kg coating material or 0.08 kgorganic HAP per kg solids; or

(ii) The monthly average organic HAPcontent of all as-applied coatingmaterials at an existing source are nomore than 0.04 kg organic HAP per kgcoating material or 0.2 kg organic HAPper kg solids, and the monthly averageorganic HAP content of all as-appliedcoating materials at a new source are nomore than 0.016 kg organic HAP per kg

coating material or 0.08 kg organic HAPper kg solids.

(d) Monthly allowable HAP mass.Demonstrate that the total monthlyorganic HAP applied, Hm, as determinedby Equation 8, is less than thecalculated equivalent allowable organicHAP, Ha, as determined by paragraph (l)of this section:

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(e) Capture and control to reduceemissions to no more than allowablelimit (§ 63.3320(b)(1)). Operate a capturesystem and control device anddemonstrate an overall organic HAPcontrol efficiency of at least 95 percentat an existing source and at least 98percent at a new source for each month.Unless either of the cases described inparagraph (e)(1) or (2) of this sectionapplies to the affected facility, you mustdemonstrate compliance in accordancewith the procedure in paragraph (i) ofthis section when emissions from theaffected source are controlled by asolvent recovery device, or theprocedure in paragraph (k) of thissection when emissions are controlledby an oxidizer.

(1) If the affected source has onlyalways-controlled work stations andoperates more than one capture systemor more than one control device, youmust demonstrate compliance inaccordance with the provisions of eitherparagraph (n) or (p) of this section.

(2) If the affected source operates oneor more never-controlled work stationsor one or more intermittently-controllable work stations, you mustdemonstrate compliance in accordancewith the provisions of paragraph (n) ofthis section.

(f) Capture and control to achieveweight fraction of solids applied limit(§ 63.3320(b)(3)). Operate a capturesystem and control device and limit theorganic HAP emission rate from anexisting source to no more than 0.20 kgorganic HAP emitted per kg solidsapplied, and from a new source to nomore than 0.08 kg organic HAP emittedper kg solids applied as determined ona monthly average as-applied basis. Ifthe affected source operates more thanone capture system, more than onecontrol device, one or more never-controlled work stations, or one or moreintermittently-controllable workstations, then you must demonstratecompliance in accordance with theprovisions of paragraph (n) of thissection. Otherwise, you mustdemonstrate compliance following theprocedure in paragraph (i) of thissection when emissions from the

affected source are controlled by asolvent recovery device, or theprocedure in paragraph (k) of thissection when emissions are controlledby an oxidizer.

(g) Capture and control to achieveweight fraction limit (§ 63.3320(b)(2)).Operate a capture system and controldevice and limit the organic HAPemission rate to no more than 0.04 kgorganic HAP emitted per kg coatingmaterial applied at an existing source,and no more than 0.016 kg organic HAPemitted per kg coating material appliedat new sources as determined on amonthly average as-applied basis. If theaffected source operates more than onecapture system, more than one controldevice, one or more never-controlledwork stations, or one or moreintermittently-controllable workstations, then you must demonstratecompliance in accordance with theprovisions of paragraph (n) of thissection. Otherwise, you mustdemonstrate compliance following theprocedure in paragraph (i) of thissection when emissions from theaffected source are controlled by asolvent recovery device, or theprocedure in paragraph (k) of thissection when emissions are controlledby an oxidizer.

(h) Capture and control to achieveallowable emission rate, Ha. Operate acapture system and control device andlimit the monthly organic HAPemissions to less than the allowableemissions as calculated in accordancewith paragraph (l) of this section. If theaffected source operates more than onecapture system, more than one controldevice, one or more never-controlledwork stations, or one or moreintermittently-controllable workstations, then you must demonstratecompliance in accordance with theprovisions of paragraph (n) of thissection. Otherwise, the owner oroperator must demonstrate compliancefollowing the procedure in paragraph (i)of this section when emissions from theaffected source are controlled by asolvent recovery device, or theprocedure in paragraph (k) of this

section when emissions are controlledby an oxidizer.

(i) Solvent recovery devicecompliance demonstration. If you use asolvent recovery device to controlemissions, you must show complianceby following the procedures in eitherparagraph (i)(1) or (2) of this section:

(1) Liquid-liquid material balance.Perform a liquid-liquid material balancefor each and every month as specifiedin paragraphs (i)(1)(i) through (v) of thissection and use the applicable equationsin paragraphs (i)(1)(vi) through (ix) ofthis section to convert the data to unitsof the selected compliance option inparagraphs (e) through (h) of thissection. Compliance is determined inaccordance with paragraph (i)(1)(x) ofthis section.

(i) Measure the mass of each coatingmaterial applied on the coating line orgroup of coating lines controlled by acommon solvent recovery device duringthe month.

(ii) If demonstrating compliance onthe basis of organic HAP emission ratebased on solids applied, organic HAPemission rate based on material applied,or emission of less than the calculatedallowable organic HAP, determine theorganic HAP content of each coatingmaterial as-applied, Cahi, during themonth following the procedure in§ 63.3360(c).

(iii) Determine the volatile organiccontent, Cavi, of each coating materialas-applied during the month followingthe procedure in § 63.3360(d).

(iv) If demonstrating compliance onthe basis of organic HAP emission ratebased on solids applied or emission ofless than the calculated allowableorganic HAP, determine the solidscontent of each coating material appliedduring the month following theprocedure in § 63.3360(d).

(v) Measure and monitor the amountof volatile organic matter recovered forthe month according to the proceduresin § 63.3350(d)(2).

(vi) Recovery efficiency, Rv. Calculatethe volatile organic matter collectionand recovery efficiency, Rv, usingEquation 9:

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(vii) Organic HAP emitted, He. Calculate the organic HAP emitted during the month, He, using Equation 10:

(viii) Organic HAP emission rate based on solids applied, L. Calculate the organic HAP emission rate based onsolids applied, L, using Equation 11:

(ix) Organic HAP based on materials applied, S. Calculate the organic HAP emission rate based on material applied,S, using Equation 12:

(x) You are in compliance with theemission limitations in § 63.3320(b) if:

(A) The volatile organic mattercollection and recovery efficiency, Rv, is95 percent or greater at an existingsource and 98 percent or greater at anew source; or

(B) The organic HAP emission ratebased on solids applied, L, is no morethan 0.20 kg organic HAP per kg solidsapplied at an existing source and nomore than 0.08 kg organic HAP per kgsolids applied at a new source; or

(C) The organic HAP emission ratebased on material applied, S, is no morethan 0.04 kg organic HAP per kgmaterial applied at an existing sourceand no more than 0.016 kg organic HAPper kg material applied at a new source;or

(D) The organic HAP emitted duringthe month, He, is less than thecalculated allowable organic HAP, Ha,as determined using paragraph (l) of thissection.

(2) Continuous emission monitoring ofcapture system and control deviceperformance. Demonstrate initialcompliance through a performance teston capture efficiency and continuingcompliance through continuousemission monitors and continuousmonitoring of capture system operatingparameters following the procedures inparagraphs (i)(2)(i) through (vii) of thissection. Use the applicable equationsspecified in paragraphs (i)(2)(viii)through (x) of this section to convert themonitoring and other data into units ofthe selected compliance option inparagraphs (e) through (h) of thissection. Compliance is determined inaccordance with paragraph (i)(2)(xi) ofthis section.

(i) Recovery efficiency, E.Continuously monitor the gas streamentering and exiting the control deviceto determine the total organic volatilematter mass flow rate (e.g., by

determining the concentration of thevent gas in grams per cubic meter, andthe volumetric flow rate in cubic metersper second, such that the total organicvolatile matter mass flow rate in gramsper second can be calculated), such thatthe percent control efficiency, E, of thecontrol device can be calculated foreach month using Equation 2 of§ 63.3360.

(ii) Capture efficiency monitoring.Whenever a coating line is operated,continuously monitor the operatingparameter established in accordancewith § 63.3350(f) to ensure captureefficiency.

(iii) Determine the percent captureefficiency, CE, in accordance with§ 63.3360(f).

(iv) Control efficiency, R. Calculatethe overall organic HAP controlefficiency, R, achieved for each monthusing Equation 13:

(v) If demonstrating compliance onthe basis of organic HAP emission ratebased on solids applied, organic HAP

emission rate based on materialsapplied, or emission of less than thecalculated allowable organic HAP,

measure the mass of each coatingmaterial applied on the coating line orgroup of coating lines controlled by a

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common control device during themonth.

(vi) If demonstrating compliance onthe basis of organic HAP emission ratebased on solids applied, organic HAPemission rate based on material appliedor emission of less than the calculatedallowable organic HAP, determine the

organic HAP content of each coatingmaterial as-applied, Cahi, during themonth following the procedure in§ 63.3360(c).

(vii) If demonstrating compliance onthe basis of organic HAP emission ratebased on solids applied or emission ofless than the calculated allowable

organic HAP, determine the solidscontent of each coating material as-applied, Casi, during the monthfollowing the procedure in § 63.3360(d).

(viii) Organic HAP emitted, He.Calculate the organic HAP emittedduring the month, He, for each monthusing Equation 14:

(ix) Organic HAP emission rate basedon solids applied, L. Calculate theorganic HAP emission rate based onsolids applied, L, using Equation 11 ofthis section.

(x) Organic HAP based on materialsapplied, S. Calculate the organic HAPemission rate based on material applied,S, using Equation 12 of this section.

(xi) Compare actual performance toperformance required by complianceoption. The affected source is incompliance with the emissionlimitations in § 63.3320(b) if the capturesystem operating parameter is operatedat an average value greater than or lessthan (as appropriate) the operatingparameter value established inaccordance with § 63.3350(f); and

(A) The organic volatile mattercollection and recovery efficiency, Rv, is95 percent or greater at an existingsource and 98 percent or greater at anew source; or

(B) The organic HAP emission ratebased on solids applied, L, is no morethan 0.20 kg organic HAP per kg solidsapplied at an existing source and nomore than 0.08 kg organic HAP per kgsolids applied at a new source; or

(C) The organic HAP emission ratebased on material applied, S, is no morethan 0.04 kg organic HAP per kgmaterial applied at an existing sourceand no more than 0.016 kg organic HAPper kg material applied at a new source;or

(D) The organic HAP emitted duringthe month, He, is less than thecalculated allowable organic HAP, Ha,as determined using paragraph (l) of thissection.

(j) [Reserved](k) Oxidizer compliance

demonstration procedures. If you use anoxidizer to control emissions, you mustshow compliance by following theprocedures in paragraph (k)(1) of thissection. Use the applicable equationsspecified in paragraph (k)(2) of thissection to convert the monitoring andother data into units of the selectedcompliance option in paragraph (e)

through (h) of this section. Complianceis determined in accordance withparagraph (k)(3) of this section.

(1) Demonstrate initial compliancethrough performance tests of captureefficiency and control device efficiencyand continuing compliance throughcontinuous monitoring of capturesystem and control device operatingparameters as specified in paragraphs(k)(1)(i) through (vi) of this section:

(i) Determine the oxidizer destructionefficiency, E, using the procedure in§ 63.3360(e).

(ii) Determine the capture systemcapture efficiency, CE, in accordancewith § 63.3360(f).

(iii) Capture and control efficiencymonitoring. Whenever a coating line isoperated, continuously monitor theoperating parameters established inaccordance with § 63.3350(e) and (f) toensure capture and control efficiency.

(iv) If demonstrating compliance onthe basis of organic HAP emission ratebased on solids applied, organic HAPemission rate based on materialsapplied, or emission of less than thecalculated allowable organic HAP,measure the mass of each coatingmaterial applied on the coating line orgroup of coating lines controlled by acommon oxidizer during the month.

(v) If demonstrating compliance onthe basis of organic HAP emission ratebased on solids applied, organic HAPemission rate based on material applied,or emission of less than the calculatedallowable organic HAP, determine theorganic HAP content of each coatingmaterial as-applied, Casi, during themonth following the procedure in§ 63.3360(c).

(vi) If demonstrating compliance onthe basis of organic HAP emission ratebased on solids applied or emission ofless than the calculated allowableorganic HAP, determine the solidscontent of each coating material appliedduring the month following theprocedure in § 63.3360(d).

(2) Convert the information obtainedunder paragraph (k)(1) of this section

into the units of the selected complianceoption using the calculation proceduresspecified in paragraphs (k)(2)(i) through(iv) of this section.

(i) Control efficiency, R. Calculate theoverall organic HAP control efficiency,R, achieved using Equation 13 of thissection.

(ii) Organic HAP emitted, He.

Calculate the organic HAP emittedduring the month, He, using Equation 14of this section.

(iii) Organic HAP emission rate basedon solids applied, L. Calculate theorganic HAP emission rate based onsolids applied, L, for each month usingEquation 11 of this section.

(iv) Organic HAP based on materialsapplied, S. Calculate the organic HAPemission rate based on material applied,S, using Equation 12 of this section.

(3) You are in compliance with theemission limitations in § 63.3320(b) ifthe oxidizer is operated such that theaverage operating parameter value isgreater than the operating parametervalue established in accordance with§ 63.3360(e) for each 3-hour period, andthe capture system operating parameteris operated at an average value greaterthan or less than (as appropriate) theoperating parameter value established inaccordance with § 63.3350(f); and

(i) The overall organic HAP controlefficiency, R, is 95 percent or greater atan existing source and 98 percent orgreater at a new source; or

(ii) The organic HAP emission ratebased on solids applied, L, is no morethan 0.20 kg organic HAP per kg solidsapplied at an existing source and nomore than 0.08 kg organic HAP per kgsolids applied at a new source; or

(iii) The organic HAP emission ratebased on material applied, S, is no morethan 0.04 kg organic HAP per kgmaterial applied at an existing sourceand no more than 0.016 kg organic HAPper kg material applied at a new source;or

(iv) The organic HAP emitted duringthe month, He, is less than thecalculated allowable organic HAP, Ha,

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as determined using paragraph (l) of thissection.

(l) Monthly allowable HAP emissions.This paragraph (l) provides theprocedures and calculations fordetermining monthly allowable organicHAP emissions, Ha, for use indemonstrating compliance inaccordance with paragraph (d), (h),(i)(1)(xi)(D), (i)(2)(xi)(D), or (k)(1)(xi)(D)of this section. You will need todetermine the amount of materialapplied at ≥20 weight percent solids andthe amount of material applied at <20weight percent solids. The allowableorganic HAP limit is then calculated

based on material applied at ≥20 weightpercent solids complying with 0.2 kgorganic HAP per kg solids at existingsources or 0.08 kg organic HAP per kgsolids at new sources, and materialapplied at <20 weight percent solidscomplying with 4 weight percentorganic HAP at existing sources and 1.6weight-percent organic HAP at newsources, as follows:

(1) Determine the as-purchased massof each coating material applied eachmonth, Mi.

(2) Determine the as-purchased solidscontent of each coating material applied

each month, in accordance with§ 63.3360(d)(1), Csi.

(3) Determine the as-purchased massfraction of each coating material whichwas applied at 20 weight percent orgreater solids content, on an as-appliedbasis, Gi.

(4) Determine the total mass of eachsolvent, diluent, thinner, or reduceradded to coating materials which wereapplied at less than 20 weight percentsolids content on an as-applied basiseach month, Mij.

(5) Calculate the monthly allowableorganic HAP emissions, Ha, usingEquation 15a for existing sources:

or Equation 15b for new sources:

(m) [Reserved](n) Combinations of capture and

control. If you operate more than onecapture system, more than one controldevice, one or more never-controlledwork stations, or one or moreintermittently-controllable workstations, you must calculate HAPemissions according to the proceduresin paragraphs (n)(1) through (4) of thissection, and use the calculationprocedures specified in paragraph (n)(5)of this section to convert the monitoringand other data into units of the selectedcontrol option in paragraphs (e) through(h) of this section. Use the proceduresspecified in paragraph (n)(7) of thissection to demonstrate compliance.

(1) Solvent recovery system usingliquid-liquid balance compliancedemonstration. If you choose to complyby means of a liquid-liquid massbalance for each solvent recoverysystem used to control one or morecoating lines, you must determine theorganic HAP emissions for those coatinglines controlled by that solvent recoverysystem either:

(i) In accordance with paragraphs(i)(1)(i) through (iii) and (v) through (vii)of this section if the coating linescontrolled by that solvent recoverysystem have only always-controlledwork stations; or

(ii) In accordance with paragraphs(i)(1)(ii) and (iii), (v) and (vi), and (o) ofthis section if the coating lines

controlled by that solvent recoverysystem have one or more never-controlled or intermittently-controllablework stations.

(2) Solvent recovery system usingperformance test compliancedemonstration and CEMS. Todemonstrate compliance through aninitial test of capture efficiency,continuous monitoring of a capturesystem operating parameter, and aCEMS on each solvent recovery systemused to control one or more coatinglines, you must:

(i) For each capture system deliveringemissions to that solvent recoverysystem, monitor the operating parameterestablished in accordance with§ 63.3350(f) to ensure capture systemefficiency; and

(ii) Determine the organic HAPemissions for those coating lines servedby each capture system deliveringemissions to that solvent recoverysystem either:

(A) In accordance with paragraphs(i)(2)(i) through (iii), (v) and (vi), and(viii) of this section if the coating linesserved by that capture and controlsystem have only always-controlledwork stations; or

(B) In accordance with paragraphs(i)(2)(i) through (iii), (vi), and (o) of thissection if the coating lines served bythat capture and control system haveone or more never-controlled or

intermittently-controllable workstations.

(3) Oxidizer. To demonstratecompliance through performance testsof capture efficiency and control deviceefficiency, continuous monitoring ofcapture system, and CPMS for controldevice operating parameters for eachoxidizer used to control emissions fromone or more coating lines, you must:

(i) Monitor the operating parameterestablished in accordance with§ 63.3350(e) to ensure control deviceefficiency; and

(ii) For each capture system deliveringemissions to that oxidizer, monitor theoperating parameter established inaccordance with § 63.3350(f) to ensurecapture efficiency; and

(iii) Determine the organic HAPemissions for those coating lines servedby each capture system deliveringemissions to that oxidizer either:

(A) In accordance with paragraphs(k)(1)(i) through (v) and (vii) of thissection if the coating lines served bythat capture and control system haveonly always-controlled work stations; or

(B) In accordance with paragraphs(k)(1)(i) through (iii), (v), and (o) of thissection if the coating lines served bythat capture and control system haveone or more never-controlled orintermittently-controllable workstations.

(4) Uncontrolled coating lines. If youown or operate one or more

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uncontrolled coating lines, you mustdetermine the organic HAP applied onthose coating lines using Equation 8 ofthis section. The organic HAP emittedfrom an uncontrolled coating line isequal to the organic HAP applied onthat coating line.

(5) Convert the information obtainedunder paragraphs (n)(1) through (4) ofthis section into the units of the selectedcompliance option using the calculationprocedures specified in paragraphs(n)(5)(i) through (iv) of this section.

(i) Organic HAP emitted, He. Calculatethe organic HAP emissions for theaffected source for the month bysumming all organic HAP emissionscalculated according to paragraphs(n)(1), (2)(ii), (3)(iii), and (4) of thissection.

(ii) Solids applied, Casi. Ifdemonstrating compliance on the basisof organic HAP emission rate based onsolids applied or emission of less thanthe calculated allowable organic HAP,the owner or operator must determinethe solids content of each coatingmaterial applied during the monthfollowing the procedure in § 63.3360(d).

(iii) Organic HAP emission rate basedon solids applied, L. Calculate theorganic HAP emission rate based onsolids applied, L, for each month usingEquation 11 of this section.

(iv) Organic HAP based on materialsapplied, S. Calculate the organic HAP

emission rate based on material applied,S, using Equation 12 of this section.

(6) Compliance. The affected source isin compliance with the emissionlimitations in § 63.3320(b) for the monthif all operating parameters required tobe monitored under paragraphs (n)(1)through (3) of this section weremaintained at the values establishedunder §§ 63.3350 and 63.3360; and

(i) The total mass of organic HAPemitted by the affected source based onsolids applied, L, is no more than 0.20kg organic HAP per kg solids applied atan existing source, and no more than0.08 kg organic HAP per kg solidsapplied at a new source; or

(ii) The total mass of organic HAPemitted by the affected source based onmaterial applied, S, is no more than 0.04kg organic HAP per kg material appliedat an existing source, and no more than0.016 kg organic HAP per kg materialapplied at a new source; or

(iii) The total mass of organic HAPemitted by the affected source duringthe month, He, is less than thecalculated allowable organic HAP, Ha,as determined using paragraph (l) of thissection; or

(iv) The total mass of organic HAPemitted by the affected source was notmore than 5 percent of the total mass oforganic HAP applied for the month at anexisting source, and no more than 2percent of the total mass of organic HAPapplied for the month at a new source.

The total mass of organic HAP appliedby the affected source in the monthmust be determined by the owner oroperator using Equation 8 of thissection.

(o) Intermittently-controllable andnever-controlled work stations. If youhave been expressly referenced to thisparagraph by paragraphs (n)(1)(ii),(n)(2)(ii)(B), or (n)(3)(iii)(B) of thissection for calculation procedures todetermine organic HAP emissions foryour intermittently-controllable andnever-controlled work stations youmust:

(1) Determine the sum of the mass ofall coating materials as-applied onintermittently-controllable work stationsoperating in bypass mode and the massof all coating materials as-applied onnever-controlled work stations duringthe month, MBi.

(2) Determine the sum of the mass ofall coating materials as-applied onintermittently-controllable work stationsoperating in a controlled mode and themass of all coating materials applied onalways-controlled work stations duringthe month, MCi.

(3) Liquid-liquid compliancedemonstration. For each coating line orgroup of coating lines for which you usethe provisions of paragraph (n)(1)(ii) ofthis section, you must calculate theorganic HAP emitted during the monthusing Equation 16:

(4) Performance test to determinecapture efficiency and control deviceefficiency. For each coating line or

group of coating lines for which you usethe provisions of paragraph (n)(2)(ii)(B)or (n)(3)(iii)(B) of this section, you must

calculate the organic HAP emittedduring the month, He, using Equation17:

(p) Always-controlled work stationswith more than one capture and controlsystem. If you operate more than onecapture system or more than one controldevice, and only have always-controlledwork stations, then you are incompliance with the emission limitationin § 63.3320(b)(1) for the month if foreach coating line or group of coatinglines controlled by a common controldevice:

(1) The volatile matter collection andrecovery efficiency, Rv, as determinedby paragraphs (i)(1)(i), (iii), (v), and (vi)

of this section, is at least 95 percent atan existing source and at least 98percent at a new source; or

(2) The overall organic HAP controlefficiency as determined by paragraphs(i)(2)(i) through (v) of this section foreach coating line or group of coatinglines served by that control device anda common capture system is at least 95percent at an existing source and at least98 percent at a new source; or

(3) The overall organic HAP controlefficiency as determined by paragraphs(k)(1)(i) through (iii) and (k)(2)(i) of this

section for each coating line or group ofcoating lines served by that controldevice and a common capture system isat least 95 percent at an existing sourceand at least 98 percent at a new source.

Reports and Records

§ 63.3400 What reports must I submit?

(a) Each owner or operator of anaffected source subject to this subpartmust submit the reports specified inparagraphs (b) through (h) of thissection to the Administrator:

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(b) You must submit an initialnotification as required by § 63.9(b).

(1) Initial notification for existingsources must be submitted no later than1 year before the compliance datespecified in § 63.3330(a).

(2) Initial notification for new andreconstructed sources must besubmitted as required by § 63.9(b).

(3) For the purpose of this rule, a titleV or part 70 permit application may beused in lieu of the initial notificationrequired under § 63.9(b), provided thesame information is contained in thepermit application as required by§ 63.9(b), and the State to which thepermit application has been submittedhas an approved operating permitprogram under part 70 of this chapterand has received delegation of authorityfrom EPA to implement and enforce thissubpart.

(4) If you are using a permitapplication in lieu of an initialnotification in accordance withparagraph (b)(3) of this section, thepermit application must be submittedby the same due date specified for theinitial notification.

(c) You must submit a semi-annualcompliance report according toparagraphs (c)(1) and (2) of this section.

(1) Compliance report dates.(i) The first compliance report must

cover the period beginning on thecompliance date that is specified foryour affected source in § 63.3330(a) andending on June 30 or December 31,whichever date is the first datefollowing the end of the calendar halfimmediately following the compliancedate that is specified for your source in§ 63.3330(a).

(ii) The first compliance report mustbe postmarked or delivered no later thanJuly 31 or January 31, whichever datefollows the end of the calendar halfimmediately following the compliancedate that is specified for your affectedsource in § 63.3330(a).

(iii) Each subsequent compliancereport must cover the semiannualreporting period from January 1 throughJune 30 or the semiannual reportingperiod from July 1 through December31.

(iv) Each subsequent compliancereport must be postmarked or deliveredno later than July 31 or January 31,whichever date is the first datefollowing the end of the semiannualreporting period.

(v) For each affected source that issubject to permitting regulationspursuant to 40 CFR part 70 or 71, andthe permitting authority has establisheddates for submitting semiannual reportspursuant to § 70.6(a)(3)(iii)(A) or§ 71.6(a)(3)(iii)(A), you may submit the

first and subsequent compliance reportsaccording to the dates the permittingauthority has established instead ofaccording to the dates in paragraphs(c)(1)(i) through (iv) of this section.

(2) The compliance report mustcontain the following information inparagraphs (c)(2)(i) through (vi) of thissection:

(i) Company name and address.(ii) Statement by a responsible official

with that official’s name, title, andsignature, certifying the accuracy of thecontent of the report.

(iii) Date of report and beginning andending dates of the reporting period.

(iv) If there are no deviations from anyemission limitations (emission limit oroperating limit) that apply to you, astatement that there were no deviationsfrom the emission limitations during thereporting period, and that nocontinuous monitoring system (CMS)was inoperative, inactive,malfunctioning, out-of-control, repaired,or adjusted.

(v) For each deviation from anemission limitation (emission limit oroperating limit) that applies to you thatoccurs at an affected source where youare not using a CEMS to comply withthe emission limitations in this subpart,the compliance report must contain theinformation in paragraphs (c)(2)(i)through (iii) of this section, and:

(A) The total operating time of eachaffected source during the reportingperiod.

(B) Information on the number,duration, and cause of deviations(including unknown cause), ifapplicable, and the corrective actiontaken.

(C) Information on the number,duration, and cause for CPMS downtimeincidents, if applicable, other thandowntime associated with zero andspan and other daily calibration checks.

(vi) For each deviation from anemission limit occurring at an affectedsource where you are using a CEMS tocomply with the emission limit in thissubpart, you must include theinformation in paragraphs (c)(2)(i)through (iii) and (vi)(A) through (J) ofthis section.

(A) The date and time that eachmalfunction started and stopped.

(B) The date and time that each CEMSand CPMS, if applicable, wasinoperative, except for zero (low-level)and high-level checks.

(C) The date and time that each CEMSand CPMS, if applicable, was out-of-control, including the information in§ 63.8(c)(8).

(D) The date and time that eachdeviation started and stopped, andwhether each deviation occurred during

a period of start-up, shutdown, ormalfunction or during another period.

(E) A summary of the total duration(in hours) of the deviation during thereporting period, and the total durationas a percent of the total source operatingtime during that reporting period.

(F) A breakdown of the total durationof the deviations during the reportingperiod into those that are due to start-up, shutdown, control equipmentproblems, process problems, otherknown causes, and other unknowncauses.

(G) A summary of the total duration(in hours) of CEMS and CPMSdowntime during the reporting period,and the total duration of CEMS andCPMS downtime as a percent of thetotal source operating time during thatreporting period.

(H) A breakdown of the total durationof CEMS and CPMS downtime duringthe reporting period into periods thatare due to monitoring equipmentmalfunctions, nonmonitoringequipment malfunctions, qualityassurance/quality control calibrations,other known causes, and otherunknown causes.

(I) The date of the latest CEMS andCPMS certification or audit.

(J) A description of any changes inCEMS, CPMS, or controls since the lastreporting period.

(d) You must submit a Notification ofPerformance Tests as specified in§§ 63.7 and 63.9(e) if you are complyingwith the emission standard using acontrol device and you are required toconduct a performance test. Thisnotification, and the site-specific testplan required under § 63.7(c)(2), mustidentify the operating parameters to bemonitored to ensure that the captureefficiency of the capture system and thecontrol efficiency of the control devicemeasured during the performance test ismaintained. Unless EPA objects to theparameter or requests changes, you mayconsider the parameter approved.

(e) You must submit a Notification ofCompliance Status as specified in§ 63.9(h).

(f) You must submit performance testreports as specified in § 63.10(d)(2) ifyou are using a control device to complywith the emission standard, and youhave not obtained a waiver from theperformance test requirement or you arenot exempted from this requirement by§ 63.3360(b). The performance test mustbe submitted as part of the notificationof compliance status required in§ 63.3400(i).

(g) You must submit start-up,shutdown, and malfunction reports asspecified in § 63.10(d)(5), except thatthe provisions in subpart A of this part

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pertaining to start-ups, shutdowns, andmalfunctions do not apply unless acontrol device is used to comply withthis subpart.

(1) If actions taken by an owner oroperator during a start-up, shutdown, ormalfunction of an affected source(including actions taken to correct amalfunction) are not completelyconsistent with the procedures specifiedin the source’s start-up, shutdown, andmalfunction plan required by§ 63.6(e)(3), the owner or operator muststate such information in the report. Thestart-up, shutdown, or malfunctionreport must consist of a letter containingthe name, title, and signature of theresponsible official who is certifying itsaccuracy and must be submitted to theAdministrator.

(2) Separate start-up, shutdown, ormalfunction reports are not required ifthe information is included in the reportspecified in paragraph (c)(2)(vi) of thissection.

§ 63.3410 What records must I keep?

(a) Each owner or operator of anaffected source subject to this subpartmust maintain the records specified inparagraphs (a)(1) through (3) of thissection on a monthly basis in

accordance with the requirements of§ 63.10(b)(1):

(1) Records specified in § 63.10(b)(2)of all measurements needed todemonstrate compliance with thisstandard, including:

(i) Continuous emission monitor datain accordance with the requirements of§ 63.3350(d);

(ii) Control device and capture systemoperating parameter data in accordancewith the requirements of § 63.3350(c),(e), and (f);

(iii) Organic HAP content data for thepurpose of demonstrating compliance inaccordance with the requirements of§ 63.3360(c);

(iv) Volatile matter and solids contentdata for the purpose of demonstratingcompliance in accordance with therequirements of § 63.3360(d);

(v) Overall control efficiencydetermination using capture efficiencytest and oxidizer destruction efficiencytest in accordance with therequirements of § 63.3360(e) and (f); and

(vi) Material usage, HAP usage,volatile matter usage, and solids usageand compliance demonstrations usingthese data in accordance with therequirements of § 63.3370(b), (c), and(e).

(2) Records specified in § 63.10(c) foreach continuous monitoring system

operated by the owner or operator inaccordance with the requirements of§ 63.3350(b).

(b) Each owner or operator of anaffected source subject to this subpartmust maintain records of all liquid-liquid material balances performed inaccordance with the requirements of§ 63.3370. The records must bemaintained in accordance with therequirements of § 63.10(b).

Delegation of Authority

§ 63.3420 What authorities may bedelegated to the States?

(a) In delegating implementation andenforcement authority to a State under40 CFR part 63, subpart E, theauthorities contained in paragraph (b) ofthis section must be retained by theAdministrator and not transferred to aState.

(b) Authority which will not bedelegated to States: § 63.3360(c),approval of alternate test method fororganic HAP content determination;§ 63.3360(d), approval of alternate testmethod for volatile matterdetermination.

§§ 63.3421–63.3479 [Reserved]

Tables

TABLE 1 TO SUBPART JJJJ.—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART JJJJ

General provisions reference Applicable tosubpart JJJJ Explanation

§ 63.1(a)(1)–(4) .......................................................................... Yes.§ 63.1(a)(5) ................................................................................ No ..................... Reserved.§ 63.1(a)(6)–(8) .......................................................................... Yes.§ 63.1(a)(9) ................................................................................ No ..................... Reserved.§ 63.1(a)(10)–(14) ...................................................................... Yes.§ 63.1(b)(1) ................................................................................ No ..................... Subpart JJJJ specifies applicability.§ 63.1(b)(2)–(3) .......................................................................... Yes.§ 63.1(c)(1) ................................................................................. Yes.§ 63.1(c)(2) ................................................................................. No ..................... Area sources are not subject to emission standards of sub-

part JJJJ.§ 63.1(c)(3) ................................................................................. No ..................... Reserved.§ 63.1(c)(4) ................................................................................. Yes.§ 63.1(c)(5) ................................................................................. Yes.§ 63.1(d) ..................................................................................... No ..................... Reserved.§ 63.1(e) ..................................................................................... Yes.§ 63.2 ......................................................................................... Yes ................... Additional definitions in subpart JJJJ.§ 63.3(a)–(c) ............................................................................... Yes.§ 63.4(a)(1)–(3) .......................................................................... Yes.§ 63.4(a)(4) ................................................................................ No ..................... Reserved.§ 63.4(a)(5) ................................................................................ Yes.§ 63.4(b)–(c) ............................................................................... Yes.§ 63.5(a)(1)–(2) .......................................................................... Yes.§ 63.5(b)(1) ................................................................................ Yes.§ 63.5(b)(2) ................................................................................ No ..................... Reserved.§ 63.5(b)(3)–(6) .......................................................................... Yes.§ 63.5(c) ..................................................................................... No ..................... Reserved.§ 63.5(d) ..................................................................................... Yes.§ 63.5(e) ..................................................................................... Yes.§ 63.5(f) ...................................................................................... Yes.§ 63.6(a) ..................................................................................... Yes ................... Applies only when capture and control system is used to

comply with the standard.§ 63.6(b)(1)–(5) .......................................................................... Yes.§ 63.6(b)(6) ................................................................................ No ..................... Reserved.

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TABLE 1 TO SUBPART JJJJ.—APPLICABILITY OF 40 CFR PART 63 GENERAL PROVISIONS TO SUBPART JJJJ—Continued

General provisions reference Applicable tosubpart JJJJ Explanation

§ 63.6(b)(7) ................................................................................ Yes.§ 63.6(c)(1)–(2) .......................................................................... Yes.§ 63.6(c)(3)–(4) .......................................................................... No ..................... Reserved.§ 63.6(c)(5) ................................................................................. Yes.§ 63.6(d) ..................................................................................... No ..................... Reserved.§ 63.6(e) ..................................................................................... Yes ................... Provisions pertaining to start-ups, shutdowns, malfunctions,

and CMS do not apply unless an add-on control system isused.

§ 63.6(f) ...................................................................................... Yes.§ 63.6(g) ..................................................................................... Yes.§ 63.6(h) ..................................................................................... No ..................... Subpart JJJJ does not require continuous opacity monitoring

systems (COMS).§ 63.6(i)(1)–(14) ......................................................................... Yes.§ 63.6(i)(15) ................................................................................ No ..................... Reserved.§ 63.6(i)(16) ................................................................................ Yes.§ 63.6(j) ...................................................................................... Yes.§ 63.7 ......................................................................................... Yes ................... Except § 63.3330 specifies that performance tests at existing

sources must be conducted by the compliance date.§ 63.8(a)(1)–(2) .......................................................................... Yes.§ 63.8(a)(3) ................................................................................ No ..................... Reserved.§ 63.8(a)(4) ................................................................................ Yes.§ 63.8(b) ..................................................................................... Yes.§ 63.8(c)(1)–(3) .......................................................................... Yes ................... § 63.8(c)(1)(i) & (ii) only apply if you use capture and control

systems and are required to have a start-up, shutdown,and malfunction plan.

§ 63.8(c)(4) ................................................................................. Yes.§ 63.8(c)(5) ................................................................................. No ..................... Subpart JJJJ does Not require COMS.§ 63.8(c)(6)–(c)(8) ...................................................................... Yes ................... Provisions for COMS are Not applicable.§ 63.8(d)–(f) ............................................................................... Yes ................... § 63.8(f)(6) only applies if you use CEMS.§ 63.8(g) ..................................................................................... Yes ................... Only applies if you use CEMS.§ 63.9(a) ..................................................................................... Yes.§ 63.9(b)(1) ................................................................................ Yes.§ 63.9(b)(2) ................................................................................ Yes ................... Except § 63.3400(b)(1)(i) requires submittal of initial notifica-

tion for existing sources no later than 1 year before compli-ance date.

§ 63.9(b)(3)–(5) .......................................................................... Yes.§ 63.9(c)–(e) ............................................................................... Yes.§ 63.9(f) ...................................................................................... No ..................... Subpart JJJJ does not require opacity and visible emissions

observations.§ 63.9(g) ..................................................................................... Yes ................... Provisions for COMS are not applicable.§ 63.9(h)(1)–(3) .......................................................................... Yes.§ 63.9(h)(4) ................................................................................ No ..................... Reserved.§ 63.9(h)(5)–(6) .......................................................................... Yes.§ 63.9(i) ...................................................................................... Yes.§ 63.9(j) ...................................................................................... Yes.§ 63.10(a) ................................................................................... Yes.§ 63.10(b)(1)–(3) ........................................................................ Yes ................... § 63.10(b)(2)(i) through (v) only apply if you use a capture

and control system.§ 63.10(c)(1) ............................................................................... Yes.§ 63.10(c)(2)–(4) ........................................................................ No ..................... Reserved.§ 63.10(c)(5)–(8) ........................................................................ Yes.§ 63.10(c)(9) ............................................................................... No ..................... Reserved.§ 63.10(c)(10)–(15) .................................................................... Yes.§ 63.10(d)(1)–(2) ........................................................................ Yes.§ 63.10(d)(3) .............................................................................. No ..................... Subpart JJJJ does not require opacity and visible emissions

observations.§ 63.10(d)(4)–(5) ........................................................................ Yes.§ 63.10(e)(1)–(2) ........................................................................ Yes ................... Provisions for COMS are not applicable.§ 63.10(e)(3) .............................................................................. No.§ 63.10(f) .................................................................................... Yes.§ 63.11 ....................................................................................... Yes.§ 63.12 ....................................................................................... Yes.§ 63.13 ....................................................................................... Yes.§ 63.14 ....................................................................................... Yes.§ 63.15 ....................................................................................... Yes.

[FR Doc. 00–22653 Filed 9–12–00; 8:45 am]BILLING CODE 6560–50–P

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