E. How Did We Select the Format of the Proposed Standards? We selected the format of the proposed standards to be an emission rate expressed in terms of the mass of organic HAP emitted per mass of coating solids used. The emission rate format would allow plastic parts and products surface coating operation owners and operators flexibility in choosing any combination of means ( including coating reformulation, use of lower HAP or non HAP materials, solvent elimination, work practices, and add on control devices) that is workable for their particular situation to comply with the emission limits. We selected mass of coating solids used as a component of the proposed format to normalize the rate of organic HAP emissions across all sizes and VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72293 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules types of facilities. We also selected kg ( lb) organic HAP emitted per kg ( lb) coating solids used because this is consistent with the data generally available in this industry through Material Safety Data Sheets and other manufacturers' formulation data. Considering the primary means of compliance is likely to be the use of low and no organic HAP coatings and other materials, this format best ensures that comparable levels of control are achieved by all affected sources. Also, this format allows sources flexibility to use a combination of emission capture and control systems, as well as low HAP content coatings and other materials. Other choices for the format of the proposed standards that we considered, but rejected, included a usage limit ( mass per unit time) and a never to beexceeded limit on the organic HAP content of each coating, solvent, or cleaning material. As it is not our intent to limit a facility's production under these proposed standards, we rejected a usage limit. We also rejected a never tobe exceeded organic HAP content limit in order to provide for averaging of HAP emissions from the materials used during the compliance period. In this decision, we considered the nature of the available data, as well as the need to allow for seasonal variations and frequent changes in some coating operations, such as job shops. Finally, we rejected a percent reduction limit as most plastic parts and products surface coating facilities are not expected to use capture systems and add on control devices for compliance. In lieu of emission standards, section 112( h) of the CAA allows work practice standards or other requirements to be established when a pollutant cannot be emitted through a conveyance or capture system, or when measurement is not practicable because of technological and economic limitations. Many plastic parts and products surface coating facilities use some type of work practice measure to reduce HAP emissions from mixing, cleaning, storage, and waste handling areas as part of their standard operating procedures. They use these measures to decrease solvent usage and minimize exposure to workers. However, we do not have data to quantify accurately the emissions reductions achievable by the work practice measures. The level of emissions depends on the type of equipment and the work practices used at the facility and would be very sitespecific For example, emissions from solvent laden rags used to clean spray booths would depend on the method used to isolate and store such rags. In addition to lacking adequate data and information to quantify an emissions level for such operations, it is not practicable to measure emissions from these operations since they often occur in large open areas not amenable to testing. Therefore, work practice standards are appropriate for such operations under section 112( h) of the CAA. Under the compliance options where emissions are reduced by using low or no HAP materials, the compliance determination procedure assumes that all the organic HAP in the materials entering the affected source are volatilized ( emitted). Therefore, emissions from operations occurring within the affected source ( e. g., mixing operations) are accounted for in the determination of total materials usage and emission rate at the affected source. This may not be true when you comply by using capture systems and add on control devices, particularly if some coating operations at your facility use capture systems and add on control devices and others do not. In this case, you might determine usage of coatings and other materials in the controlled coating operations by some method other than total solvent purchase records. It is possible that emissions from mixing and transport of the materials prior to their use in the controlled coating operation might not be included in your usage and emission rate calculations. Emissions from mixing, storage, and waste handling operations are often not routed to the control devices and would not be practicable to measure for inclusion in a determination of compliance with the emission limit. Therefore, the proposed rule would require development and implementation of an emission reduction work practice plan to assure that emissions are reduced from such operations.

F. How Did We Select the Testing and Initial Compliance Requirements? The proposed standards would allow you to choose among several options to demonstrate compliance with the proposed standards for organic HAP: compliant materials ( i. e., coatings and other materials with low or no organic HAP); emission rate without add on controls option; or emission rate with add on controls option. Compliant Materials Option. You would be required to document the organic HAP content of all coatings ( general use, TPO, headlamp, and assembled on road vehicle coatings) on an as received basis and show that each is less than the applicable emission limit. You would also have to show that each thinner, other additive, and cleaning material on an as received basis contains no organic HAP. Note that `` no organic HAP'' is not intended to mean absolute zero. Materials that contain `` no organic HAP'' should be interpreted to mean materials that contain organic HAP levels below 0.1 percent by mass for OSHA defined carcinogens and 1.0 percent by mass for other compounds. You may use manufacturer's formulation data to demonstrate the HAP content of each material and the solids content of each coating. If you choose to use test data, you would use the following procedures on each coating, thinner or other additive, and cleaning material in the condition it is in when it is received from its manufacturer or supplier and before any alteration. If you recycle or reclaim coatings, thinners, cleaning materials, or other additives at your facility, you do not need to demonstrate that these materials meet the emission limit, provided they were initially demonstrated to comply with the compliant material option. Method 311 is the method developed by EPA for determining the mass fraction of organic HAP in coatings and has been used in previous surface coating NESHAP. We have not identified any other methods that provide advantages over Method 311 for use in the proposed standards for determining organic HAP content. Method 24 is the method developed by EPA for determining the mass fraction of volatile matter for coatings and can be used if you choose to determine the nonaqueous volatile matter content as a surrogate for organic HAP. In past standards, VOC emission control measures have been implemented in coating industries, with Method 24 as the compliance method. We have not identified any other methods that provide advantages over Method 24 for use in the proposed standards. Method 24 is the method specified for determining the coating solids content of each coating. We have not identified any other methods that provide advantages over Method 24 for use in the proposed standards. Emission Rate Without Add on Controls Option. To demonstrate initial compliance using this option, you would calculate the organic HAP emission rate for one or more coating operations in each affected source, based on the mass of organic HAP in all coatings, thinners and other additives, and cleaners, and the mass of coating solids used during the compliance period. You would demonstrate that your emission rate does not exceed the VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72294 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules applicable emission limit for the affected source. You would determine the HAP content from manufacturer's formulation data or by using EPA Method 24 or 311 as discussed previously. Emission Rate With Add on Controls Option. If you use a capture system and control device other than a solvent recovery device for which you conduct a liquid liquid material balance, you would be required to conduct an initial performance test of the system to determine its overall control efficiency using EPA Method 25 or 25A depending on the type of control device and the outlet concentration. You would also need to determine the capture efficiency of the capture system using EPA Methods 204 and 204A through 204F. For a solvent recovery system for which you conduct a liquid liquid material balance, you would determine the quantity of volatile matter applied and the quantity recovered during the initial compliance period to determine its overall control efficiency. For both cases, the overall control efficiency would be combined with the monthly mass of organic HAP in the coatings and other materials used to calculate the monthly organic HAP emissions in kg ( lb) HAP emitted. The monthly amount ( kg ( lb)) of coating solids used would also be determined. These values would be combined to calculate your emission rate for the 12 month compliance period according to equations in the proposed rule. You would demonstrate that your emission rate does not exceed the applicable emission limit for the affected source. If you conduct a performance test, you would also determine parameter operating limits during the test. The proposed test methods for the performance test have been required in many NSPS for industrial surface coating sources under 40 CFR part 60 and NESHAP under 40 CFR part 63. We have not identified any other methods that provide advantages over these methods.

G. How Did We Select the Continuous Compliance Requirements? To demonstrate continuous compliance with either the compliant materials option or the emission rate without add on controls option, you would need records of the data and calculations supporting your determination of the organic HAP content and solids content of each material used. You would also need records of the quantity of coatings and other materials used. For the compliant materials option, you would demonstrate compliance for each material used. For the emission rate without add on controls option, you would demonstrate compliance with the applicable 12 month emission limit on a monthly basis using data from the previous 12 months of operation. If you use the emission rate with addon controls option, you would also be required to continuously monitor operating parameters of capture systems and control devices and maintain records of this monitoring. We selected the following requirements based on reasonable cost, ease of execution, and usefulness of the resulting data to both the owners or operators and EPA for ensuring continuous compliance with the emission limits and/ or operating limits. We are proposing that certain parameters be continuously monitored for the types of capture systems and control devices commonly used in the industry. These monitoring parameters have been used in other standards for similar industries and control devices. The values of these parameters are established during the initial or most recent performance test that demonstrates compliance. These values are your operating limits for the capture system and control device. You would be required to determine 3 hour average values for most monitored parameters for the controlled coating operations within the affected source. We selected this averaging period to reflect operating conditions during the performance test to ensure the control system is continuously operating at the same or better control level as during a performance test demonstrating compliance with the emission limits. If you conduct liquid liquid material balances, you would need records of the quantity of volatile matter used and the quantity recovered by the solvent recovery system. You would demonstrate compliance with the emission limit on a monthly basis using data from the previous 12 months of operation.

H. How Did We Select the Notification, Recordkeeping, and Reporting Requirements? You would be required to comply with the applicable requirements in the NESHAP General Provisions, subpart A of 40 CFR part 63, as described in Table 2 of the proposed subpart PPPP. We evaluated the General Provisions requirements and included those we determined to be the minimum notification, recordkeeping, and reporting necessary to ensure compliance with, and effective enforcement of, the proposed standards, modifying them as appropriate for the plastic parts and products surface coating source category.

I. How Did We Select the Compliance Date? You would be allowed 3 years to comply with the final standards for existing affected sources. This is the maximum period allowed by the CAA. We believe that 3 years for compliance is necessary to allow adequate time to accommodate the variety of compliance methods that existing sources may use. Most sources in this category would need this 3 year maximum amount of time to develop and test reformulated coatings, particularly those that may opt to comply using a different loweremitting coating technology. We want to encourage the use of these pollution prevention technologies. In addition, time would be needed to establish records management systems required for enforcement purposes. Some sources may need the time to purchase and install emission capture and control systems. In such cases, you would need to obtain permits for the use of add on controls, which will require time for approval from the permitting authority. The CAA requires that new or reconstructed affected sources comply with standards immediately upon startup or the effective date of the final rule, whichever is later.

IV. Summary of Environmental, Energy, and Economic Impacts For the purpose of assessing impacts, we assumed that all sources would convert to liquid coatings, thinners, and other additives with lower organic HAP content than those presently used and would convert to lower HAP or no HAP cleaning materials rather than using add on control devices, except for those already using add on control devices.

A. What Are the Air Impacts? The 1997 nationwide baseline organic HAP emissions for the 202 major source plastic parts and products surface coating facilities of which EPA is aware are estimated to be 9,820 tpy. Implementation of the emission limitations as proposed would reduce these emissions by approximately 80 percent to 2,260 tpy. In addition, the proposed emission limitations will not result in any significant secondary air impacts. We expect that the majority of facilities will switch to low or noorganic HAP containing materials to comply with the standards rather than installing add on control devices. Thus, increases in electricity consumption ( which could lead to increases in emissions of nitrogen oxides, sulfur dioxide, carbon monoxide, and carbon VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72295 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules dioxide from electric utilities) will be minimal.

B. What Are the Cost Impacts? The total capital cost ( including monitoring costs) for existing sources is estimated to be approximately $ 803,830. The nationwide annual cost ( including monitoring, recordkeeping, and reporting costs) for existing sources is approximately $ 10.7 million per year. Costs for new sources were based on an estimate of six new sources being constructed within 5 years after promulgation of the final standards. The total capital cost ( including monitoring costs) for new sources is $ 28,000. The total annual cost ( including monitoring, recordkeeping, and reporting costs) for new sources is estimated to be approximately $ 194,000 per year. Cost estimates are based on information available to the Administrator and presented in the economic analysis of this rule. The costs are calculated assuming that the majority of sources would comply by using lower HAP containing or non HAP coatings and cleaning materials because such materials are generally available, and add on controls would not be technically feasible for typical facilities. Waterborne coatings are a type of potentially lower HAP coating which could be used by facilities and may contribute to higher costs due to increased drying times or temperatures that may be needed for waterborne coatings. However, the data available in the plastic parts ICR database did not indicate any definite relationship between coating types and drying times or curing temperatures. We also assumed that facilities presently equipped with add on controls would continue to operate those control devices and capture systems and would perform the required performance tests and parameter monitoring. During development of the proposed emission limitations, limited information was available on the costs associated with the switch to low HAP or non HAP coatings and cleaning materials. Thus, we request comment on the assumptions and methodology used to determine these costs. Any comments should provide detailed information that includes identification of the coatings or cleaning materials ( and associated costs) currently being used and the coatings or cleaning materials ( and associated costs) that would be used to comply with the proposed emission limitations, as well as the basis for the cost information. You may refer to the Determination of Baseline Emissions and Costs and Emissions Impacts for New and Existing Sources in the Plastic Parts and Products Surface Coating Source Category memorandum in the docket for additional details.

C. What Are the Economic Impacts? We prepared an economic impacts analysis ( EIA) to evaluate the impacts the proposed rule would have on the plastic parts and products surface coating industry, consumers, and society. Economic impacts were calculated on a facility specific basis, as well as on a market segment basis ( e. g., automobile manufacturing, sporting goods, electronics equipment, etc.). Economic impact indicators examined included price, output, and employment impacts. The EIA shows that the expected price increase for affected plastic parts and products would be less than 0.1 percent as a result of the proposed standards. Therefore, we do not expect any adverse impact to occur for those industries that produce or consume plastic parts and products such as home appliances, computer hardware producers, motor vehicle manufacturers, and recreational vehicle manufacturers. The distribution of costs across plastic parts and products production facilities is slanted toward the lower impact levels with many facilities incurring costs related only to annually recurring monitoring, reporting, and recordkeeping activities. The EIA indicates that these regulatory costs are expected to represent only 0.25 percent of the value of coating services, which should not cause producers to cease or alter their current operations. Hence, no firms or facilities are at risk of closures because of the proposed standards.

D. What Are the Non air Health, Environmental, and Energy Impacts? Based on information from the industry survey responses, we found no indication that the use of low organic HAP content coatings, thinners and other additives, and cleaning materials at affected sources would result in any increase or decrease in non air health, environmental, and energy impacts. There would be no change in the utility requirements associated with the use of these materials, so there would be no change in the amount of energy consumed as a result of the material conversion. We estimate that the proposed emission limitations will have a minimal impact on water quality because only a few facilities are expected to comply by making process modifications or by using add on control devices that would generate wastewater. However, because many low HAP and no HAP materials are waterborne, an increase in wastewater generation from cleaning activities may result. Although additional wastewater may be generated by facilities switching to waterborne coatings, the amount of wastewater generated by these facilities is not expected to increase significantly. We also estimate that the proposed emission limitations will result in a decrease in the amount of both solid and hazardous waste from facilities, as the majority of facilities will be using lower organic HAP containing materials which will result in a decrease in the amount of waste materials that would have to be disposed of as hazardous. In addition, we expect that the majority of facilities will comply by using low HAP or no organic HAP containing materials rather than add on control devices. Thus, there will be little or no increase in energy usage caused by the operation of add on controls.

V. Administrative Requirements A. Executive Order 12866, Regulatory Planning and Review Under Executive Order 12866 ( 58 FR 51735, October 4, 1993), EPA must determine whether the regulatory action is `` significant'' and therefore subject to review by the Office of Management and Budget ( OMB) and the requirements of the Executive Order. The Executive Order defines `` significant regulatory action'' as one that is likely to result in a rule that may: ( 1) Have an annual effect on the economy of $ 100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; ( 2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; ( 3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligation of recipients thereof; or ( 4) raise novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Pursuant to the terms of Executive Order 12866, OMB has notified EPA that it considers this a `` significant regulatory action'' within the meaning of the Executive Order. The EPA has submitted this action to OMB for review. Changes made in response to OMB suggestions or recommendations will be documented in the public record.

B. Executive Order 13132, Federalism Executive Order 13132, entitled `` Federalism'' ( 64 FR 43255, August 10,

VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72296 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules 1999), requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' Under section 6 of Executive Order 13132, EPA may not issue a regulation that has federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, or EPA consults with State and local officials early in the process of developing the proposed regulation. The EPA also may not issue a regulation that has federalism implications and that preempts State law, unless the Agency consults with State and local officials early in the process of developing the proposed regulation. This proposed rule does not have federalism implications. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. Pursuant to the terms of Executive Order 13132, it has been determined that this proposed rule does not have `` federalism implications'' because it does not meet the necessary criteria. Thus, the requirements of section 6 of the Executive Order do not apply to this proposed rule.

C. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments Executive Order 13175, entitled `` Consultation and Coordination with Indian Tribal Governments'' ( 65 FR 67249, November 6, 2000), requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' This proposed rule does not have tribal implications. It will not have substantial direct effects on tribal governments, or the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. No tribal governments own or operate plastic parts and products surface coating facilities. Thus, Executive Order 13175 does not apply to this proposed rule. EPA specifically solicits additional comment on this proposed rule from tribal officials.

D. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks Executive Order 13045, `` Protection of Children from Environmental Health Risks and Safety Risks'' ( 62 FR 19885, April 23, 1997) applies to any rule that: ( 1) Is determined to be `` economically significant'' as defined under Executive Order 12866, and ( 2) concerns an environmental health or safety risk that EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, EPA must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5   501 of the Executive Order has the potential to influence the regulation. This proposed rule is not subject to Executive Order 13045 because it does not establish environmental standards based on an assessment of health or safety risks. No children's risk analysis was performed because no alternative technologies exist that would provide greater stringency at a reasonable cost. Furthermore, this proposed rule has been determined not to be `` economically significant'' as defined under Executive Order 12866.

E. Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not a `` significant energy action'' as defined in Executive Order 13211, `` Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use'' ( 66 FR 28355, May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Further, we have concluded that this proposed rule is not likely to have any adverse energy effects. Affected sources are expected to comply with the proposed rule through pollution prevention rather than end of pipe controls, and therefore, there would be no increase in energy usage.

F. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA), Public Law 104   4, establishes requirements for Federal agencies to assess the effects of their regulatory actions on State, local, and tribal governments and the private sector. Under section 202 of the UMRA, EPA generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with `` Federal mandates'' that may result in expenditures to State, local, and tribal governments, in aggregate, or to the private sector, of $ 100 million or more in any 1 year. Before promulgating an EPA rule for which a written statement is needed, section 205 of the UMRA generally requires EPA to identify and consider a reasonable number of regulatory alternatives and adopt the least costly, most costeffective or least burdensome alternative that achieves the objectives of the rule. The provisions of section 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows EPA to adopt an alternative other than the leastcostly most cost effective, or leastburdensome alternative if the Administrator publishes with the final rule an explanation why that alternative was not adopted. Before EPA establishes any regulatory requirements that may significantly or uniquely affect small governments, including tribal governments, it must have developed under section 203 of the UMRA a small government agency plan. The plan must provide for notifying potentially affected small governments, enabling officials of affected small governments to have meaningful and timely input in the development of EPA regulatory proposals with significant Federal intergovernmental mandates, and informing, educating, and advising small governments on compliance with the regulatory requirements. The EPA has determined that this proposed rule does not contain a Federal mandate that may result in expenditures of $ 100 million or more for State, local, and tribal governments, in the aggregate, or the private sector in any 1 year. The maximum total annual cost of this proposed rule for any 1 year has been estimated to be slightly less than $ 11 million. Thus, today's proposed rule is not subject to the requirements of sections 202 and 205 of the UMRA. In addition, EPA has determined that this proposed rule contains no regulatory requirements that VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72297 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules might significantly or uniquely affect small governments because it contains no requirements that apply to such governments or impose obligations upon them. Therefore, today's proposed rule is not subject to the requirements of section 203 of the UMRA.

G. Regulatory Flexibility Act ( RFA), as Amended by the Small Business Regulatory Enforcement Fairness Act of 1996 ( SBREFA), 5 U. S. C. 601, et seq. The RFA generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedures Act or any other statute unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental jurisdictions. For purposes of assessing the impacts of today's proposed rule on small entities, small entity is defined as: ( 1) A small business whose parent company has fewer than 500 or 1,000 employees, depending on the size definition for the affected NAICS Code; ( 2) a small governmental jurisdiction that is a government of a city, county, town, school district or special district with a population of less than 50,000; and ( 3) a small organization that is any not forprofit enterprise that is independently owned and operated and is not dominant in its field. It should be noted that companies in 32 NAICS codes are affected by this proposed rule, and the small business definition applied to each industry by NAICS code is that listed in the Small Business Administration size standards ( 13 CFR part 121). After considering the economic impacts of today's proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. We have determined that 67 of the 130 firms, or 51 percent of the total, affected by this proposed rule may be small entities. While the number of small firms appears to be a large proportion of the total number of affected firms, the small firms only experience 21 percent of the total national compliance cost of $ 11 million ( 1997 $). Of the 67 affected small firms, only three firms are estimated to have compliance costs that exceed 1 percent of their revenues. The maximum impact on any affected small entity is a compliance cost of 1.8 percent of its sales. Finally, while there is a difference between the median compliance cost tosales estimates for the affected small and large firms ( 0.08 percent compared to 0.01 percent for the large firms, and 0.03 percent across all affected firms), no adverse economic impacts are expected for either small or large firms affected by the proposed rule. Therefore, the affected small firms are not disproportionately affected by this proposed rule as compared to the affected large firms. Although this proposed rule will not have a significant economic impact on a substantial number of small entities, EPA nonetheless has tried to reduce the impact of this proposed rule on small entities. The Agency has also reached out to small entities as part of our outreach to affected industries. Representatives of small entities have participated in stakeholder meetings held during the last 3 years as well as site visits conducted by the EPA for data gathering purposes. Small entities will be afforded extensive flexibility in demonstrating compliance through pollution prevention rather than the use of add on control technology. We are proposing compliance options which give small entities flexibility in choosing the most cost effective and least burdensome alternative for their operation. For example, a facility could purchase and use low HAP coatings and other materials ( i. e., pollution prevention) that meet the proposed standards instead of using add on capture and control systems. This method of compliance can be demonstrated with minimum burden by using purchase and usage records. No testing of materials would be required, as the facility owner could show that their coatings and other materials meet the emission limits by providing formulation data supplied by the manufacturer. We continue to be interested in the potential impacts of the proposed standards on small entities and welcome comments on issues related to such impacts.

H. Paperwork Reduction Act The information collection requirements in this proposed rule have been submitted for approval to OMB under the Paperwork Reduction Act, 44 U. S. C. 3501, et seq. An Information Collection Request ( ICR) document has been prepared by EPA ( ICR No. 2044.01) and a copy may be obtained from Susan Auby by mail at U. S. EPA, Office of Environmental Information, Collection Strategies Division ( 2822T), 1200 Pennsylvania Avenue, NW., Washington DC 20460, by e mail at auby. susan@ epa. gov, or by calling ( 202) 566   1672. A copy may also be downloaded off the Internet at http:// www. epa. gov/ icr. The information collection requirements are not effective until OMB approves them. The information collection requirements are based on notification, recordkeeping, and reporting requirements in the NESHAP General Provisions ( 40 CFR part 63, subpart A), which are mandatory for all operators subject to national emission standards. These recordkeeping and reporting requirements are specifically authorized by section 114 of the CAA ( 42 U. S. C. 7414). All information submitted to EPA pursuant to the recordkeeping and reporting requirements for which a claim of confidentiality is made is safeguarded according to Agency policies set forth in 40 CFR part 2, subpart B. The proposed standards would require maintaining records of all coatings, thinners and other additives, and cleaning materials data and calculations used to determine compliance. This information includes the volume used during each compliance period, mass fraction of organic HAP, density, and mass fraction of coating solids. If an add on control device is used, records must be kept of the capture efficiency of the capture system, destruction or removal efficiency of the add on control device, and the monitored operating parameters. In addition, records must be kept of each calculation of the affected source's emissions for each 12 month compliance period and all data, calculations, test results, and other supporting information used to determine this value. The monitoring, recordkeeping, and reporting burden in the 3rd year after the effective date of the promulgated rule is estimated to be 118,835 labor hours at a cost of $ 5.4 million for new and existing sources. This estimate includes the cost of determining and recording organic HAP content, solids content, and density, as needed, of the regulated materials, and developing a system for determining and recording the amount of each material used and performing the calculations needed for demonstrating compliance. For those affected sources using an add on control device to comply, the costs also include a one time performance test and report ( with repeat tests where needed) of the add on control device, one time purchase and installation of CPMS, one time submission of a SSMP, and any required startup, shutdown, and malfunction reports. Total capital/ startup costs associated with the monitoring requirements over the 3 year period of VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72298 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules the ICR are estimated at $ 133,000, with operation and maintenance costs of $ 655 per year. Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. Comments are requested on the EPA's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including through the use of automated collection techniques. By U. S. Postal Service, send comments on the ICR to the Director, Collection Strategies Division, U. S. EPA ( 2822T), 1200 Pennsylvania Avenue, NW., Washington DC 20460; or by courier, send comments on the ICR to the Director, Collection Strategies Division, U. S. EPA ( 2822T), 1301 Constitution Avenue, NW., Room 6143, Washington DC 20460 ( 202 566   1700); and to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th St., NW., Washington, DC 20503, marked `` Attention: Desk Officer for EPA.'' Include the ICR number in any correspondence. Since OMB is required to make a decision concerning the ICR between 30 and 60 days after December 4, 2002, a comment to OMB is best assured of having its full effect if OMB receives it by January 3, 2003. The final rule will respond to any OMB or public comments on the information collection requirements contained in this proposal.

I. National Technology Transfer and Advancement Act Section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Public Law 104   113, section 12( d) ( 15 U. S. C. 272 note) directs EPA to use voluntary consensus standards ( VCS) in its regulatory and procurement activities unless to do so would be inconsistent with applicable law or otherwise impractical. The VCS are technical standards ( e. g., materials specifications, test methods, sampling procedures, and business practices) developed or adopted by one or more voluntary consensus bodies. The NTTAA directs EPA to provide Congress, through annual reports to OMB, with explanations when the Agency does not use available and applicable VCS. This proposed rulemaking involves technical standards. The EPA proposes in this rule to use EPA Methods 1, 1A, 2, 2A, 2C, 2D, 2F, 2G, 3, 3A, 3B, 4, 24, 25, 25A, 204, 204A   F, and 311. Consistent with the NTTAA, EPA conducted searches to identify VCS in addition to these EPA methods. No applicable VCS were identified for EPA Methods 1A, 2A, 2D, 2F, 2G, 204, 204A   F, and 311. The search and review results have been documented and are placed in the docket ( Docket No. A   99   12) for this proposed rule. Six VCS: ASTM D1475   90, ASTM D2369   95, ASTM D3792   91, ASTM D4017   96a, ASTM D4457   85 ( Reapproved 91), and ASTM D5403   93 are already incorporated by reference in EPA Method 24. In addition, we are separately specifying the use of ASTM D1475   98, `` Standard Test Method for Density of Liquid Coatings, Inks, and Related Products,'' for measuring the density of individual coating components, such as organic solvents. Five VCS: ASTM D1979   91, ASTM D3432   89, ASTM D4747   87, ASTM D4827   93, and ASTM PS9   94 are incorporated by reference in EPA Method 311. The VCS ASTM D4457   85 ( Reapproved 1996), `` Standard Test Method for Determination of Dichloromethane ( Methylene chloride) and 1,1,1 Trichloroethane ( Methyl chloroform) in Paints and Coatings by Direct Injection into a Gas Chromatograph,'' is not a complete alternative to EPA Method 311, but is an acceptable alternative to EPA Method 311 for the following two HAP: ( 1) Dichloromethane ( methylene chloride) and ( 2) 1,1,1 Trichlorethane ( methyl chloroform). Therefore, EPA will incorporate by reference ASTM D4457 into 40 CFR 63.14 in the future. In addition to the VCS EPA proposes to use in this proposed rule, the search for emission measurement procedures identified 17 other VCS. The EPA determined that 13 of these 17 standards were impractical alternatives to EPA test methods for the purposes of this proposed rulemaking. Therefore, EPA does not propose to adopt these standards today. ( See docket A   99   12 for further information on the methods.) The following four of the 17 VCS identified in this search were not available at the time the review was conducted for the purposes of this proposed rulemaking because they are under development by a voluntary consensus body: ASME/ BSR MFC 13M, `` Flow Measurement by Velocity Traverse,'' for EPA Method 2 ( and possibly 1); ASME/ BSR MFC 12M, `` Flow in Closed Conduits Using Multiport Averaging Pitot Primary Flowmeters,'' for EPA Method 2; ISO/ DIS 12039, `` Stationary Source Emissions   Determination of Carbon Monoxide, Carbon Dioxide, and Oxygen   Automated Methods,'' for EPA Method 3A; and ISO/ PWI 17895, `` Paints and Varnishes   Determination of the Volatile Organic Compound Content of Water based Emulsion Paints,'' for EPA Method 24. While we are not proposing to include these four VCS in today's proposal, the EPA will consider the VCS when finalized. The EPA takes comment on the compliance demonstration requirements in this proposed rulemaking and specifically invites the public to identify potentially applicable VCS. Commentors should also explain why this proposed rule should adopt these VCS in lieu of or in addition to EPA's method. Emission test methods submitted for evaluation should be accompanied by a basis for the recommendation, including method validation data and the procedure used to validate the candidate method ( if a method other than Method 301, 40 CFR part 63, appendix A, was used). Sections 63.4541, 63.4551, 63.4561, 63.4565, and 63.4566 of the proposed standards list the EPA testing methods included in the proposed standards. Under 40 CFR 63.7( f) of the General Provisions, a source may apply to EPA for permission to use alternative test methods in place of any of the EPA testing methods.

List of Subjects in 40 CFR Part 63 Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.

Dated: November 8, 2002. Christine Todd Whitman, Administrator.

For the reasons stated in the preamble, title 40, chapter I, part 63 of the Code of Federal Regulations is proposed to be amended as follows:

VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72299 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules PART 63   [ AMENDED]

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

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

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

Subpart PPPP   National Emission Standards for Hazardous Air Pollutants: Surface Coating of Plastic Parts and Products What This Subpart Covers Sec. 63.4480 What is the purpose of this subpart? 63.4481 Am I subject to this subpart? 63.4482 What parts of my plant does this subpart cover? 63.4483 When do I have to comply with this subpart?

Emission Limitations 63.4490 What emission limits must I meet? 63.4491 What are my options for meeting the emission limits? 63.4492 What operating limits must I meet? 63.4493 What work practice standards must I meet?

General Compliance Requirements 63.4500 What are my general requirements for complying with this subpart? 63.4501 What parts of the General Provisions apply to me?

Notifications, Reports, and Records 63.4510 What notifications must I submit? 63.4520 What reports must I submit? 63.4530 What records must I keep? 63.4531 In what form and for how long must I keep my records?

Compliance Requirements for the Compliant Material Option 63.4540 By what date must I conduct the initial compliance demonstration? 63.4541 How do I demonstrate initial compliance with the emission limitations? 63.4542 How do I demonstrate continuous compliance with the emission limitations?

Compliance Requirements for the Emission Rate Without Add On Controls Option 63.4550 By what date must I conduct the initial compliance demonstration? 63.4551 How do I demonstrate initial compliance with the emission limitations? 63.4552 How do I demonstrate continuous compliance with the emission limitations?

Compliance Requirements for the Emission Rate With Add On Controls Option 63.4560 By what date must I conduct performance tests and other initial compliance demonstrations? 63.4561 How do I demonstrate initial compliance? 63.4562 [ Reserved] 63.4563 How do I demonstrate continuous compliance with the emission limitations? 63.4564 What are the general requirements for performance tests? 63.4565 How do I determine the emission capture system efficiency? 63.4566 How do I determine the add on control device emission destruction or removal efficiency? 63.4567 How do I establish the emission capture system and add on control device operating limits during the performance test? 63.4568 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance?

Other Requirements and Information 63.4580 Who implements and enforces this subpart? 63.4581 What definitions apply to this subpart?

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

Subpart PPPP   National Emission Standards for Hazardous Air Pollutants: Surface Coating of Plastic Parts and Products What This Subpart Covers § 63.4480 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants ( NESHAP) for plastic parts and products surface coating facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations.

§ 63.4481 Am I subject to this subpart? ( a) Plastic parts and products include, but are not limited to, plastic components of the following types of products as well as the products themselves: motor vehicle parts and accessories for automobiles, trucks, recreational vehicles; sporting and recreational goods; toys; business machines; laboratory and medical equipment; and household and other consumer products. Except as provided in paragraph ( c) of this section, the source category to which this subpart applies is the surface coating of any plastic part or product, as described in paragraph ( a)( 1) of this section, and it includes the subcategories listed in paragraphs ( a)( 2) through ( 5) of this section. ( 1) Surface coating is the application of coating to a substrate using, for example, spray guns or dip tanks, and associated activities, such as surface preparation, cleaning, mixing, and storage, etc. ( 2) The general use coating subcategory includes all coating operations that are not headlamp coating operations, thermoplastic olefin ( TPO) coating operations, or assembled on road vehicle coating operations. ( 3) The headlamp coating subcategory includes the surface coating of plastic components of the body of an automotive headlamp; typical coatings used are reflective argent coatings and clear topcoats. ( 4) The TPO coating subcategory includes the surface coating of TPO substrates; typical coatings used are adhesion promoters, primers, color coatings, clear coatings and topcoats. The coating of TPO substrates on fully assembled on road vehicles is not included in the TPO coating subcategory. ( 5) The assembled on road vehicle coating subcategory includes the surface coating of plastic parts on fully assembled motor vehicles and trailers intended for on road use, including, but not limited to, plastic parts on: automobiles and light trucks that have been repaired after a collision or otherwise repainted, fleet delivery trucks, and motor homes and other recreational vehicles ( including camping trailers and fifth wheels). The assembled on road vehicle coating subcategory does not include the surface coating of plastic parts prior to their attachment to an on road vehicle on an original equipment manufacturer's ( OEM) assembly line. The assembled on road vehicle coating subcategory also does not include the use of adhesives, sealants, and caulks used in assembling on road vehicles. ( b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.4482, that uses 100 gallons per year, or more, of coatings in the surface coating of plastic parts and products defined in paragraph ( a) of this section; and that is a major source, is located at a major source, or is part of a major source of emissions of hazardous air pollutants ( HAP). A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams ( Mg) ( 10 tons) or more per year or any VerDate 0ct< 31> 2002 21: 41 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72300 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules 1 Proposed at 67 FR 20206, April 24, 2002. 2 Proposed at 67 FR 42400, June 21, 2002. 3 Proposed at 66 FR 40323, August 2, 2001. 4 Proposed at 67 FR 62780, August 13, 2002. 5 Proposed at 67 FR 52780, August 13, 2002. 6 Proposed at 67 FR 52780, August 13, 2002. combination of HAP at a rate of 22.68 Mg ( 25 tons) or more per year. ( c) This subpart does not apply to surface coating that meets the criteria of paragraphs ( c)( 1) through ( 12) of this section. ( 1) Surface coating conducted at a source that uses only coatings, thinners and other additives, and cleaning materials that contain no organic HAP, as determined according to § 63.4541( a). ( 2) Surface coating of plastic subject to the NESHAP for aerospace manufacturing and rework facilities ( subpart GG of this part). ( 3) Surface coating of plastic and wood subject to the NESHAP for wood furniture manufacturing facilities ( subpart JJ of this part). ( 4) Surface coating of plastic and metal subject to the NESHAP for large appliance surface coating ( subpart NNNN of this part). ( 5) Surface coating of plastic and metal subject to the NESHAP for metal furniture surface coating. 1 ( 6) Surface coating of plastic and wood subject to the NESHAP for wood building products surface coating. 2 ( 7) In mold coating operations or gel coating operations in the manufacture of reinforced plastic composite parts subject to the NESHAP for reinforced plastics composites production. 3 ( 8) Surface coating of parts that are pre assembled from plastic and metal components, where greater than 50 percent of the coatings ( by volume, determined on a rolling 12 month basis) are applied to the metal surfaces, and where the source is subject to the NESHAP for miscellaneous metal parts surface coating. 4 If your source is subject to the NESHAP for miscellaneous metal parts surface coating 5 and you can demonstrate that more than 50 percent of coatings are applied to metal surfaces, then compliance with the NESHAP for miscellaneous metal parts surface coating 6 constitutes compliance with subpart PPPP. You must maintain records ( such as coating usage or surface area) to document that more than 50 percent of coatings are applied to metal surfaces. ( 9) Surface coating that occurs at research or laboratory facilities or is part of janitorial, building, and facility maintenance operations, or hobby shops that are operated for personal rather than commercial purposes. ( 10) Surface coating of magnet wire. ( 11) Surface coating of fiberglass boats or parts of fiberglass boats where the facility is subject to the requirements for fiberglass boat manufacturing facilities in the NESHAP for boat manufacturing ( subpart VVVV of this part), except where the surface coating of the boat is a post mold coating operation performed on personal watercraft or parts of personal watercraft. This subpart applies to post mold coating operations performed on personal watercraft or parts of personal watercraft. For the purposes of this subpart, a personal watercraft is defined as a vessel ( boat) which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person or persons sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. ( 12) Operations where plastic is extruded onto the plastic part or product to form a coating. ( d) If you own or operate an affected source that is subject to this subpart and at the same affected source you also perform surface coating subject to any other NESHAP in this part, you may choose to be subject to the requirements of the more stringent of the subparts for the entire surface coating facility. If you choose to be subject to the requirements of another subpart and demonstrate that, by doing so, your facility wide HAP emissions in kilograms ( kg) per year ( tons per year) from surface coating operations will be less than or equal to the emissions achieved by complying separately with all applicable subparts, compliance with the more stringent NESHAP will constitute compliance with this subpart.

§ 63.4482 What parts of my plant does this subpart cover? ( a) This subpart applies to each new, reconstructed, and existing affected source within each of the four subcategories listed in § 63.4481( a). ( b) The affected source is the collection of all of the items listed in paragraphs ( b)( 1) through ( 4) of this section that are used for surface coating of plastic parts and products within each subcategory: ( 1) All coating operations as defined in § 63.4581; ( 2) All storage containers and mixing vessels in which coatings, thinners and other additives, and cleaning materials are stored or mixed; ( 3) All manual and automated equipment and containers used for conveying coatings, thinners and other additives, and cleaning materials; and ( 4) All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. ( c) An affected source is a new source if it meets the criteria in paragraph ( c)( 1) of this section and the criteria in either paragraph ( c)( 2) or ( 3) of this section. ( 1) You commenced the construction of the source after December 4, 2002, by installing new coating equipment. ( 2) The new coating equipment is used to coat plastic parts and products at a source where no plastic parts surface coating was previously performed. ( 3) The new coating equipment is used to perform plastic parts and products coating in a subcategory that was not previously performed. ( d) An affected source is reconstructed if you meet the criteria as defined in § 63.2. ( e) An affected source is existing if it is not new or reconstructed.

§ 63.4483 When do I have to comply with this subpart?

The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs ( a) through ( c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in § § 63.4540, 63.4550, and 63.4560. ( a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph ( a)( 1) or ( 2) of this section: ( 1) If the initial startup of your new or reconstructed affected source is before [ DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], the compliance date is [ DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register]. ( 2) If the initial startup of your new or reconstructed affected source occurs after [ DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], the compliance date is the date of initial startup of your affected source. ( b) For an existing affected source, the compliance date is the date 3 years after [ DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register]. ( c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs ( c)( 1) and ( 2) of this section. ( 1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72301 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules compliance date is the date of initial startup of the affected source or [ DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], whichever is later. ( 2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or 3 years after [ DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], whichever is later. ( d) You must meet the notification requirements in § 63.4510 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs ( a) through ( c) of this section.

Emission Limitations § 63.4490 What emission limits must I meet?

( a) For a new or reconstructed affected source, you must limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in paragraphs ( a)( 1) through ( 4) of this section, determined according to the requirements in § 63.4541, § 63.4551, or § 63.4561. ( 1) For each new general use coating affected source, limit organic HAP emissions to no more than 0.16 kg ( 0.16 pound ( lb)) of organic HAP emitted per kg ( lb) coating solids used during each 12 month compliance period. ( 2) For each new headlamp coating affected source, limit organic HAP emissions to no more than 0.26 kg ( 0.26 lb) of organic HAP emitted per kg ( lb) coating solids used during each 12 month compliance period. ( 3) For each new TPO coating affected source, limit organic HAP emissions to no more than 0.17 kg ( 0.17 lb) of organic HAP emitted per kg ( lb) coating solids used during each 12 month compliance period. ( 4) For each new assembled on road vehicle coating affected source, limit organic HAP emissions to no more than 1.34 kg ( 1.34 lb) of organic HAP emitted per kg ( lb) of coating solids used during each 12 month compliance period. ( b) For an existing affected source, you must limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in paragraphs ( b)( 1) through ( 4) of this section, determined according to the requirements in § 63.4541, § 63.4551, or § 63.4561. ( 1) For each existing general use coating affected source, limit organic HAP emissions to no more than 0.16 kg ( 0.16 lb) of organic HAP emitted per kg ( lb) coating solids used during each 12 month compliance period. ( 2) For each existing headlamp coating affected source, limit organic HAP emissions to no more than 0.45 kg ( 0.45 lb) of organic HAP emitted per kg ( lb) coating solids used during each 12 month compliance period. ( 3) For each existing TPO coating affected source, limit organic HAP emissions to no more than 0.23 kg ( 0.23 lb) of organic HAP emitted per kg ( lb) coating solids used during each 12 month compliance period. ( 4) For each existing assembled onroad vehicle coating affected source, limit organic HAP emissions to no more than 1.34 kg ( 1.34 lb) of organic HAP emitted per kg ( lb) of coating solids used during each 12 month compliance period.

§ 63.4491 What are my options for meeting the emission limits? You must include all coatings ( as defined in § 63.4581), thinners and other additives, and cleaning materials used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in § 63.4490. To make this determination, you must use at least one of the three compliance options listed in paragraphs ( a) through ( c) of this section. You may apply any of the compliance options to an individual coating operation, or to multiple coating operations as a group, or to the entire affected source. You may use different compliance options for different coating operations, or at different times on the same coating operation. However, you may not use different compliance options at the same time on the same coating operation. If you switch between compliance options for any coating operation or group of coating operations, you must document this switch as required by § 63.4530( c), and you must report it in the next semiannual compliance report required in § 63.4520. ( a) Compliant material option. Demonstrate that the organic HAP content of each coating used in the coating operation( s) is less than or equal to the applicable emission limit in § 63.4490, and that each thinner, other additive, and cleaning material used contains no organic HAP. You must meet all the requirements of § § 63.4540, 63.4541, and 63.4542 to demonstrate compliance with the applicable emission limit using this option. ( b) Emission rate without add on controls option. Demonstrate that, based on the coatings, thinners and other additives, and cleaning materials used in the coating operation( s), the organic HAP emission rate for the coating operation( s) is less than or equal to the applicable emission limit in § 63.4490, calculated as a rolling 12 month emission rate and determined on a monthly basis. You must meet all the requirements of § § 63.4550, 63.4551, and 63.4552 to demonstrate compliance with the emission limit using this option. ( c) Emission rate with add on controls option. Demonstrate that, based on the coatings, thinners and other additives, cleaning materials used in the coating operation( s), and the emissions reductions achieved by emission capture systems and add on controls, the organic HAP emission rate for the coating operation( s) is less than or equal to the applicable emission limit in § 63.4490, calculated as a rolling 12 month emission rate and determined on a monthly basis. If you use this compliance option, you must also demonstrate that all emission capture systems and add on control devices for the coating operation( s) meet the operating limits required in § 63.4492, except for solvent recovery systems for which you conduct liquid liquid material balances according to § 63.4561( j), and that you meet the work practice standards required in § 63.4493. You must meet all the requirements of § § 63.4560 through 63.4568 to demonstrate compliance with the emission limits, operating limits, and work practice standards using this option.

§ 63.4492 What operating limits must I meet? ( a) For any coating operation( s) on which you use the compliant material option or the emission rate without addon controls option, you are not required to meet any operating limits. ( b) For any controlled coating operation( s) on which you use the emission rate with add on controls option, except those for which you use a solvent recovery system and conduct a liquid liquid material balance according to § 63.4561( j), you must meet the operating limits specified in table 1 of this subpart. These operating limits apply to the emission capture and control systems on the coating operation( s) for which you use this option, and you must establish the operating limits during the performance test according to the requirements in § 63.4567. You must meet the operating limits at all times after you establish them. ( c) If you use an add on control device other than those listed in table 1 of this VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72302 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8( f).

§ 63.4493 What work practice standards must I meet? ( a) For any coating operation( s) on which you use the compliant material option or the emission rate without addon controls option, you are not required to meet any work practice standards. ( b) If you use the emission rate with add on controls option, you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners and other additives, and cleaning materials used in, and waste materials generated by, the controlled coating operation( s) for which you use this option; or you must meet an alternative standard as provided in paragraph ( c) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs ( b)( 1) through ( 5) of this section are implemented. ( 1) All organic HAP containing coatings, thinners and other additives, cleaning materials, and waste materials must be stored in closed containers. ( 2) Spills of organic HAP containing coatings, thinners and other additives, cleaning materials, and waste materials must be minimized. ( 3) Organic HAP containing coatings, thinners and other additives, cleaning materials, and waste materials must be conveyed from one location to another in closed containers or pipes. ( 4) Mixing vessels which contain organic HAP containing coatings and other materials must be closed except when adding to, removing, or mixing the contents. ( 5) Emissions of organic HAP must be minimized during cleaning of storage, mixing, and conveying equipment. ( c) As provided in § 63.6( g), we, the U. S. Environmental Protection Agency ( EPA), may choose to grant you permission to use an alternative to the work practice standards in this section.

General Compliance Requirements § 63.4500 What are my general requirements for complying with this subpart? ( a) You must be in compliance with the emission limitations in this subpart as specified in paragraphs ( a)( 1) and ( 2) of this section. ( 1) Any coating operation( s) for which you use the compliant material option or the emission rate without add on controls option, as specified in § 63.4491( a) and ( b), must be in compliance with the applicable emission limit in § 63.4490 at all times. ( 2) Any coating operation( s) for which you use the emission rate with add on controls option, as specified in § 63.4491( c), must be in compliance with the emission limitations as specified in paragraphs ( a)( 2)( i) through ( iii) of this section. ( i) The coating operation( s) must be in compliance with the applicable emission limit in § 63.4490 at all times except during periods of startup, shutdown, and malfunction. ( ii) The coating operation( s) must be in compliance with the operating limits for emission capture systems and addon control devices required by § 63.4492 at all times except during periods of startup, shutdown, and malfunction, and except for solvent recovery systems for which you conduct liquid liquid material balances according to § 63.4561( j). ( iii) The coating operation( s) must be in compliance with the work practice standards in § 63.4493 at all times. ( b) You must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6( e)( 1)( i). ( c) If your affected source uses an emission capture system and add on control device, you must develop and implement a written startup, shutdown, and malfunction plan according to the provisions in § 63.6( e)( 3). The plan must address the startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add on control device. The plan must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures.

§ 63.4501 What parts of the General Provisions apply to me?

Table 2 of this subpart shows which parts of the General Provisions in § § 63.1 through 63.15 apply to you.

Notifications, Reports, and Records § 63.4510 What notifications must I submit?

( a) General. You must submit the notifications in § § 63.7( b) and ( c), 63.8( f)( 4), and 63.9( b) through ( e) and ( h) that apply to you by the dates specified in those sections, except as provided in paragraphs ( b) and ( c) of this section. ( b) Initial notification. You must submit the Initial Notification required by § 63.9( b) for a new or reconstructed affected source no later than 120 days after initial startup or 120 days after [ DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register], whichever is later. For an existing affected source, you must submit the Initial Notification no later than 1 year after [ DATE OF PUBLICATION OF FINAL RULE IN THE Federal Register]. ( c) Notification of compliance status. You must submit the Notification of Compliance Status required by § 63.9( h) no later than 30 calendar days following the end of the initial compliance period described in § 63.4540, § 63.4550, or § 63.4560 that applies to your affected source. The Notification of Compliance Status must contain the information specified in paragraphs ( c)( 1) through ( 9) of this section and in § 63.9( h). ( 1) Company name and address. ( 2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. ( 3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.4540, § 63.4550, or § 63.4560 that applies to your affected source. ( 4) Identification of the compliance option or options specified in § 63.4491 that you used on each coating operation in the affected source during the initial compliance period. ( 5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. ( 6) If you had a deviation, include the information in paragraphs ( c)( 6)( i) and ( ii) of this section. ( i) A description and statement of the cause of the deviation. ( ii) If you failed to meet the applicable emission limit in § 63.4490, include all the calculations you used to determine the kg ( lb) of organic HAP emitted per kg ( lb) coating solids used. You do not need to submit information provided by the materials suppliers or manufacturers, or test reports. ( 7) For each of the data items listed in paragraphs ( c)( 7)( i) through ( iv) of this section that is required by the compliance option( s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data can include a copy of the information provided by the supplier or manufacturer of the example coating or material, or a summary of the VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72303 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules results of testing conducted according to § 63.4541( a), ( b), or ( c). You do not need to submit copies of any test reports. ( i) Mass fraction of organic HAP for one coating, for one thinner or other additive, and for one cleaning material. ( ii) Mass fraction of coating solids for one coating. ( iii) Density for one coating, one thinner or other additive, and one cleaning material, except that if you use the compliant material option, only the example coating density is required. ( iv) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 of § 63.4551. ( 8) The calculation of kg ( lb) of organic HAP emitted per kg ( lb) coating solids used for the compliance option( s) you used, as specified in paragraphs ( c)( 8)( i) through ( iii) of this section. ( i) For the compliant material option, provide an example calculation of the organic HAP content for one coating, using Equation 1 of § 63.4541. ( ii) For the emission rate without addon controls option, provide the calculation of the total mass of organic HAP emissions for each month; the calculation of the total mass of coating solids used each month; and the calculation of the 12 month organic HAP emission rate, using Equations 1 and 1A through 1C, 2, and 3, respectively, of § 63.4551. ( iii) For the emission rate with add on controls option, provide the calculation of the total mass of organic HAP emissions for the coatings, thinners and other additives, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4551; the calculation of the total mass of coating solids used each month using Equation 2 of § 63.4551; the mass of organic HAP emission reduction each month by emission capture systems and add on control devices, using Equations 1 and 1A through 1D of § 63.4561 and Equations 2, 3, and 3A through 3C of § 63.4561, as applicable; the calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.4561; and the calculation of the 12 month organic HAP emission rate, using Equation 5 of § 63.4561. ( 9) For the emission rate with add on controls option, you must include the information specified in paragraphs ( c)( 9)( i) through ( iv) of this section, except that the requirements in paragraphs ( c)( 9)( i) through ( iii) of this section do not apply to solvent recovery systems for which you conduct liquidliquid material balances according to § 63.4561( j). ( i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure ( PTE) or a measurement of the emission capture system efficiency. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective ( DQO) or lower confidence limit ( LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. ( ii) A summary of the results of each add on control device performance test. You do not need to submit complete test reports. ( iii) A list of each emission capture system's and add on control device's operating limits and a summary of the data used to calculate those limits. ( iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.4493.

§ 63.4520 What reports must I submit? ( a) Semiannual compliance reports. You must submit semiannual compliance reports for each affected source according to the requirements of paragraphs ( a)( 1) through ( 7) of this section. The semiannual compliance reporting requirements may be satisfied by reports required under other parts of the Clean Air Act ( CAA), as specified in paragraph ( a)( 2) of this section. ( 1) Dates. Unless the Administrator has approved a different schedule for submission of reports under § 63.10( a), you must prepare and submit each semiannual compliance report according to the dates specified in paragraphs ( a)( 1)( i) through ( iv) of this section. Note that the information reported for each of the months in the reporting period will be based on the last 12 months of data prior to the date of each monthly calculation. ( i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.4540, § 63.4550, or § 63.4560 that applies to your affected source and ends on June 30 or December 31, whichever occurs first following the end of the initial compliance period. ( ii) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. ( iii) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. ( iv) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the date specified in paragraph ( a)( 1)( iii) of this section. ( 2) Inclusion with title V report. Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A). If an affected source submits a semiannual compliance report pursuant to this section along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6( a)( 3)( iii)( A) or 40 CFR 71.6( a)( 3)( iii)( A), and the semiannual compliance report includes all required information concerning deviations from any emission limitation in this subpart, its submission will be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a semiannual compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permitting authority. ( 3) General requirements. The semiannual compliance report must contain the information specified in paragraphs ( a)( 3)( i) through ( v) of this section, and the information specified in paragraphs ( a)( 4) through ( 7) and ( c)( 1) of this section that is applicable to your affected source. ( i) Company name and address. ( ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. ( iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6 month period ending on June 30 or December 31. Note that the information reported for each of the 6 months in the reporting period will be based on the last 12 VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72304 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules months of data prior to the date of each monthly calculation. ( iv) Identification of the compliance option or options specified in § 63.4491 that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning and ending dates you used each option. ( v) If you used the emission rate without add on controls or the emission rate with add on controls compliance option ( § 63.4491( b) or ( c)), the calculation results for each rolling 12 month organic HAP emission rate during the 6 month reporting period. ( 4) No deviations. If there were no deviations from the emission limitations in § § 63.4490, 63.4492, and 63.4493 that apply to you, the semiannual compliance report must include a statement that there were no deviations from the emission limitations during the reporting period. If you used the emission rate with add on controls option and there were no periods during which the continuous parameter monitoring systems ( CPMS) were out ofcontrol as specified in § 63.8( c)( 7), the semiannual compliance report must include a statement that there were no periods during which the CPMS were out of control during the reporting period. ( 5) Deviations: Compliant material option. If you used the compliant material option and there was a deviation from the applicable HAP content requirements in § 63.4490, the semiannual compliance report must contain the information in paragraphs ( a)( 5)( i) through ( iv) of this section. ( i) Identification of each coating used that deviated from the applicable emission limit, and each thinner, other additive, and cleaning material used that contained organic HAP, and the dates and time periods each was used. ( ii) The calculation of the organic HAP content ( using Equation 1 of § 63.4541) for each coating identified in paragraph ( a)( 5)( i) of this section. You do not need to submit background data supporting this calculation ( e. g., information provided by coating suppliers or manufacturers, or test reports). ( iii) The determination of mass fraction of organic HAP for each thinner, other additive, and cleaning material identified in paragraph ( a)( 5)( i) of this section. You do not need to submit background data supporting this calculation ( e. g., information provided by material suppliers or manufacturers, or test reports). ( iv) A statement of the cause of each deviation. ( 6) Deviations: Emission rate without add on controls option. If you used the emission rate without add on controls option and there was a deviation from the applicable emission limit in § 63.4490, the semiannual compliance report must contain the information in paragraphs ( a)( 6)( i) through ( iii) of this section. ( i) The beginning and ending dates of each compliance period during which the 12 month organic HAP emission rate exceeded the applicable emission limit in § 63.4490. ( ii) The calculations used to determine the 12 month organic HAP emission rate for the compliance period in which the deviation occurred. You must submit the calculations for Equations 1, 1A through 1C, 2, and 3 of § 63.4551; and if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4551( e)( 4). You do not need to submit background data supporting these calculations ( e. g., information provided by materials suppliers or manufacturers, or test reports). ( iii) A statement of the cause of each deviation. ( 7) Deviations: Emission rate with add on controls option. If you used the emission rate with add on controls option and there was a deviation from an emission limitation ( including any periods when emissions bypassed the add on control device and were diverted to the atmosphere), the semiannual compliance report must contain the information in paragraphs ( a)( 7)( i) through ( xiv) of this section. This includes periods of startup, shutdown, and malfunction during which deviations occurred. ( i) The beginning and ending dates of each compliance period during which the 12 month organic HAP emission rate exceeded the applicable emission limit in § 63.4490. ( ii) The calculations used to determine the 12 month organic HAP emission rate for each compliance period in which a deviation occurred. You must provide the calculation of the total mass of organic HAP emissions for the coatings, thinners and other additives, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4551; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4551( e)( 4); the calculation of the total mass of coating solids used each month, using Equation 2 of § 63.4551; the calculation of the mass of organic HAP emission reduction each month by emission capture systems and add on control devices, using Equations 1 and 1A through 1D of § 63.4561, and Equations 2, 3, and 3A through 3C of § 63.4561, as applicable; the calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.4561; and the calculation of the 12 month organic HAP emission rate, using Equation 5 of § 63.4561. You do not need to submit the background data supporting these calculations ( e. g., information provided by materials suppliers or manufacturers, or test reports). ( iii) The date and time that each malfunction started and stopped. ( iv) A brief description of the CPMS. ( v) The date of the latest CPMS certification or audit. ( vi) The date and time that each CPMS was inoperative, except for zero ( low level) and high level checks. ( vii) The date, time, and duration that each CPMS was out of control, including the information in § 63.8( c)( 8). ( viii) The date and time period of each deviation from an operating limit in Table 1 of this subpart; date and time period of any bypass of the add on control device; and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. ( ix) A summary of the total duration of each deviation from an operating limit in Table 1 of this subpart and each bypass of the add on control device during the semiannual reporting period, and the total duration as a percent of the total source operating time during that semiannual reporting period. ( x) A breakdown of the total duration of the deviations from the operating limits in Table 1 of this subpart and bypasses of the add on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. ( xi) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. ( xii) A description of any changes in the CPMS, coating operation, emission capture system, or add on control device since the last semiannual reporting period. ( xiii) For each deviation from the work practice standards, a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation.

VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72305 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules ( xiv) A statement of the cause of each deviation. ( b) Performance test reports. If you use the emission rate with add on controls option, you must submit reports of performance test results for emission capture systems and add on control devices no later than 60 days after completing the tests as specified in § 63.10( d)( 2). ( c) Startup, shutdown, malfunction reports. If you used the emission rate with add on controls option and you had a startup, shutdown, or malfunction during the semiannual reporting period, you must submit the reports specified in paragraphs ( c)( 1) and ( 2) of this section. ( 1) If your actions were consistent with your startup, shutdown, and malfunction plan, you must include the information specified in § 63.10( d) in the semiannual compliance report required by paragraph ( a) of this section. ( 2) If your actions were not consistent with your startup, shutdown, and malfunction plan, you must submit an immediate startup, shutdown, and malfunction report as described in paragraph ( c)( 2)( i) and ( ii) of this section. ( i) You must describe the actions taken during the event in a report delivered by facsimile, telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the plan. ( ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10( d)( 5)( ii). The letter must contain the information specified in § 63.10( d)( 5)( ii).

§ 63.4530 What records must I keep? You must collect and keep records of the data and information specified in this section. Failure to collect and keep these records is a deviation from the applicable standard. ( a) A copy of each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report. ( b) A current copy of information provided by materials suppliers or manufacturers, such as manufacturer's formulation data, or test data used to determine the mass fraction of organic HAP and density for each coating, thinner or other additive and cleaning material, and the mass fraction of coating solids for each coating. If you conducted testing to determine mass fraction of organic HAP, density, or mass fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. ( c) For each compliance period, the records specified in paragraphs ( c)( 1) through ( 4) of this section. ( 1) A record of the coating operations on which you used each compliance option and the time periods ( beginning and ending dates and times) you used each option. ( 2) For the compliant material option, a record of the calculation of the organic HAP content for each coating, using Equation 1 of § 63.4541. ( 3) For the emission rate without addon controls option, a record of the calculation of the total mass of organic HAP emissions for the coatings, thinners and other additives, and cleaning materials used each month, using Equations 1, 1A through 1C, and 2 of § 63.4551 and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4551( e)( 4); the calculation of the total mass of coating solids used each month using Equation 2 of § 63.4551; and the calculation of each 12 month organic HAP emission rate, using Equation 3 of § 63.4551. ( 4) For the emission rate with add on controls option, records of the calculations specified in paragraphs ( c)( 4)( i) through ( v) of this section. ( i) The calculation of the total mass of organic HAP emissions for the coatings, thinners and other additives, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4551; and if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4551( e)( 4); ( ii) The calculation of the total mass of coating solids used each month, using Equation 2 of § 63.4551; ( iii) The calculation of the mass of organic HAP emission reduction by emission capture systems and add on control devices, using Equations 1 and 1A through 1D of § 63.4561 and Equations 2, 3, and 3A through 3C of § 63.4561, as applicable; ( iv) The calculation of each month's organic HAP emission rate, using Equation 4 of § 63.4561; and ( v) The calculation of each 12 month organic HAP emission rate, using Equation 5 of § 63.4561. ( d) A record of the name and volume of each coating, thinner or other additive, and cleaning material used during each compliance period. If you are using the compliant material option for all coatings at the source, you may maintain purchase records for each material used rather than a record of the volume used. ( e) A record of the mass fraction of organic HAP for each coating, thinner or other additive, and cleaning material used during each compliance period. ( f) A record of the mass fraction of coating solids for each coating used during each compliance period. ( g) If you use either the emission rate without add on controls or the emission rate with add on controls compliance option, the density for each coating, thinner or other additive, and cleaning material used during each compliance period. ( h) If you use an allowance in Equation 1 of § 63.4551 for organic HAP contained in waste materials sent to or designated for shipment to a treatment, storage, and disposal facility ( TSDF) according to § 63.4551( e)( 4), you must keep records of the information specified in paragraphs ( h)( 1) through ( 3) of this section. ( 1) The name and address of each TSDF to which you sent waste materials for which you use an allowance in Equation 1 of § 63.4551, a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility, and the date of each shipment. ( 2) Identification of the coating operations producing waste materials included in each shipment and the month or months in which you used the allowance for these materials in Equation 1 of § 63.4551. ( 3) The methodology used in accordance with § 63.4551( e)( 4) to determine the total amount of waste materials sent to or the amount collected, stored, and designated for transport to a TSDF each month; and the methodology to determine the mass of organic HAP contained in these waste materials. This must include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment. ( i) [ Reserved] ( j) You must keep records of the date, time, and duration of each deviation. ( k) If you use the emission rate with add on controls option, you must keep the records specified in paragraphs ( k)( 1) through ( 8) of this section. ( 1) For each deviation, a record of whether the deviation occurred during a period of startup, shutdown, or malfunction.

VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72306 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules ( 2) The records in § 63.6( e)( 3)( iii) through ( v) related to startup, shutdown, and malfunction. ( 3) The records required to show continuous compliance with each operating limit specified in Table 1 of this subpart that applies to you. ( 4) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.4565( a). ( 5) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in § § 63.4564 and 63.4565( b) through ( e), including the records specified in paragraphs ( k)( 5)( i) through ( iii) of this section that apply to you. ( i) Records for a liquid to uncaptured gas protocol using a temporary total enclosure or building enclosure. Records of the mass of total volatile hydrocarbon ( TVH) as measured by Method 204A or F of appendix M to 40 CFR part 51 for each material used in the coating operation, and the total TVH for all materials used during each capture efficiency test run, including a copy of the test report. Records of the mass of TVH emissions not captured by the capture system that exited the temporary total enclosure or building enclosure during each capture efficiency test run, as measured by Method 204D or E of appendix M to 40 CFR part 51, including a copy of the test report. Records documenting that the enclosure used for the capture efficiency test met the criteria in Method 204 of appendix M to 40 CFR part 51 for either a temporary total enclosure or a building enclosure. ( ii) Records for a gas to gas protocol using a temporary total enclosure or a building enclosure. Records of the mass of TVH emissions captured by the emission capture system as measured by Method 204B or C of appendix M to 40 CFR part 51 at the inlet to the add on control device, including a copy of the test report. Records of the mass of TVH emissions not captured by the capture system that exited the temporary total enclosure or building enclosure during each capture efficiency test run as measured by Method 204D or E of appendix M to 40 CFR part 51, including a copy of the test report. Records documenting that the enclosure used for the capture efficiency test met the criteria in Method 204 of appendix M to 40 CFR part 51 for either a temporary total enclosure or a building enclosure. ( iii) Records for an alternative protocol. Records needed to document a capture efficiency determination using an alternative method or protocol as specified in § 63.4565( e), if applicable. ( 6) The records specified in paragraphs ( k)( 6)( i) and ( ii) of this section for each add on control device organic HAP destruction or removal efficiency determination as specified in § 63.4566. ( i) Records of each add on control device performance test conducted according to § § 63.4564 and 63.4566. ( ii) Records of the coating operation conditions during the add on control device performance test showing that the performance test was conducted under representative operating conditions. ( 7) Records of the data and calculations you used to establish the emission capture and add on control device operating limits as specified in § 63.4567 and to document compliance with the operating limits as specified in Table 1 of this subpart. ( 8) A record of the work practice plan required by § 63.4493 and documentation that you are implementing the plan on a continuous basis.

§ 63.4531 In what form and for how long must I keep my records? ( a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10( b)( 1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. ( b) As specified in § 63.10( b)( 1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. ( c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10( b)( 1). You may keep the records off site for the remaining 3 years.

Compliance Requirements for the Compliant Material Option § 63.4540 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements in § 63.4541. The initial compliance period begins on the applicable compliance date specified in § 63.4483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through that month plus the next 12 months. The initial compliance demonstration includes the calculations according to § 63.4541 and supporting documentation showing that during the initial compliance period, you used no coating with an organic HAP content that exceeded the applicable emission limit in § 63.4490, and that you used no thinners, other additives, or cleaning materials that contained organic HAP as determined according to § 63.4541( a).

§ 63.4541 How do I demonstrate initial compliance with the emission limitations? You may use the compliant material option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the emission rate without add on controls option or the emission rate with add on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the compliant material option, the coating operation or group of coating operations must use no coating with an organic HAP content that exceeds the applicable emission limit in § 63.4490 and must use no thinner or other additive, or cleaning material that contains organic HAP as determined according to this section. Any coating operation for which you use the compliant material option is not required to meet the operating limits or work practice standards required in § § 63.4492 and 63.4493, respectively. You must conduct a separate initial compliance demonstration for each general use coating, TPO coating, headlamp coating, and assembled onroad vehicle coating affected source. You must meet all the requirements of this section. Use the procedures in this section on each coating, thinner or other additive, and cleaning material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the HAP content of coatings, thinners and other additives, and cleaning materials that are reclaimed onsite and reused in the coating operation for which you use the compliant material option, provided these materials in their condition as received were demonstrated to comply with the compliant material option. ( a) Determine the mass fraction of organic HAP for each material used. You must determine the mass fraction of organic HAP for each coating, thinner or other additive, and cleaning material used during the compliance period by VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 72307 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules using one of the options in paragraphs ( a)( 1) through ( 5) of this section. ( 1) Method 311 ( appendix A to 40 CFR part 63). You may use Method 311 for determining the mass fraction of organic HAP. Use the procedures specified in paragraphs ( a)( 1)( i) and ( ii) of this section when performing a Method 311 test. ( i) Count each organic HAP that is measured to be present at 0.1 percent by mass or more for Occupational Safety and Health Administration ( OSHA) defined carcinogens as specified in 29 CFR 1910.1200( d)( 4) and at 1.0 percent by mass or more for other compounds. For example, if toluene ( not an OSHA carcinogen) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point ( e. g., 0.3791). ( ii) Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to three places after the decimal point ( e. g., 0.763). ( 2) Method 24 ( appendix A to 40 CFR part 60). For coatings, you may use Method 24 to determine the mass fraction of nonaqueous volatile matter and use that value as a substitute for mass fraction of organic HAP. ( 3) Alternative method. You may use an alternative test method for determining the mass fraction of organic HAP once the Administrator has approved it. You must follow the procedure in § 63.7( f) to submit an alternative test method for approval. ( 4) Information from the supplier or manufacturer of the material. You may rely on information other than that generated by the test methods specified in paragraphs ( a)( 1) through ( 3) of this section, such as manufacturer's formulation data, if it represents each organic HAP that is present at 0.1 percent by mass or more for OSHAdefined carcinogens as specified in 29 CFR 1910.1200( d)( 4) and at 1.0 percent by mass or more for other compounds. For example, if toluene ( not an OSHA carcinogen) is 0.5 percent of the material by mass, you do not have to count it. If there is a disagreement between such information and results of a test conducted according to paragraphs ( a)( 1) through ( 3) of this section, then the test method results will take precedence. ( 5) Solvent blends. Solvent blends may be listed as single components for some materials in data provided by manufacturers or suppliers. Solvent blends may contain organic HAP which must be counted toward the total organic HAP mass fraction of the materials. When test data and manufacturer's data for solvent blends are not available, you may use the default values for the mass fraction of organic HAP in these solvent blends listed in Table 3 or 4 of this subpart. If you use the tables, you must use the values in Table 3 for all solvent blends that match Table 3 entries, and you may only use Table 4 if the solvent blends in the materials you use do not match any of the solvent blends in Table 3 and you only know whether the blend is aliphatic or aromatic. However, if the results of a Method 311 test indicate higher values than those listed on Table 3 or 4 of this subpart, the Method 311 results will take precedence. ( b) Determine the mass fraction of coating solids for each coating. You must determine the mass fraction of coating solids ( pounds of coating solids per pound of coating) for each coating used during the compliance period by a test or by information provided by the supplier or the manufacturer of the material, as specified in paragraphs ( b)( 1) through ( 3) of this section. If test results obtained according to paragraph ( b)( 1) or ( 2) of this section do not agree with the information obtained under paragraph ( b)( 3) of this section, the test results will take precedence. ( 1) Method 24 ( appendix A to 40 CFR part 60). You may use Method 24 for determining the mass fraction of solids of coatings. ( 2) Alternative method. You may use an alternative test method for determining the solids content of each coating once the Administrator has approved it. You must follow the procedure in § 63.7( f) to submit an alternative test method for approval. ( 3) Information from the supplier or manufacturer of the material. You may obtain the mass fraction of coating solids for each coating from the supplier or manufacturer. If there is disagreement between such information and the test method results, then the test method results will take precedence. ( c) Calculate the organic HAP content of each coating. Calculate the organic HAP content, kg ( lb) of organic HAP emitted per kg ( lb) coating solids used, of each coating used during the compliance period, using Equation 1 of this section:

H W S Eq c c c = ( . 1)

Where: Hc = organic HAP content of the coating, kg ( lb) of organic HAP emitted per kg ( lb) coating solids used. Wc = mass fraction of organic HAP in the coating, lb organic HAP per lb coating, determined according to paragraph ( a) of this section. Sc = mass fraction of coating solids, lb coating solids per lb coating, determined according to paragraph ( b) of this section. ( d) Compliance demonstration. The calculated organic HAP content for each coating used during the initial compliance period must be less than or equal to the applicable emission limit in § 63.4490; and each thinner or other additive, and cleaning material used during the initial compliance period must contain no organic HAP, determined according to paragraph ( a) of this section. You must keep all records required by § § 63.4530 and 63.4531. As part of the Notification of Compliance Status required in § 63.4510, you must identify the coating operation( s) for which you used the compliant material option and submit a statement that the coating operation( s) was ( were) in compliance with the emission limitations during the initial compliance period because you used no coatings for which the organic HAP content exceeded the applicable emission limit in § 63.4490, and you used no thinners, other additives, or cleaning materials that contained organic HAP, determined according to the procedures in paragraph ( a) of this section.

§ 63.4542 How do I demonstrate continuous compliance with the emission limitations? ( a) For each compliance period to demonstrate continuous compliance, you must use no coating for which the organic HAP content ( determined using Equation 1 of § 63.4541) exceeds the applicable emission limit in § 63.4490, and use no thinner or other additive, or cleaning material that contains organic HAP, determined according to § 63.4541( a). A compliance period consists of 12 months. Each month, after the end of the initial compliance period described in § 63.4540, is the end of a compliance period consisting of that month and the preceding 11 months. ( b) If you choose to comply with the emission limitations by using the compliant material option, the use of any coating, thinner or other additive, or cleaning material that does not meet the criteria specified in paragraph ( a) of this section is a deviation from the emission limitations that must be reported as specified in § § 63.4510( c)( 6) and 63.4520( a)( 5). ( c) As part of each semiannual compliance report required by § 63.4520, you must identify the coating VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 EP04DE02.001</ MATH> 72308 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules operation( s) for which you used the compliant material option. If there were no deviations from the applicable emission limit in § 63.4490, submit a statement that the coating operation( s) was ( were) in compliance with the emission limitations during the reporting period because you used no coatings for which the organic HAP content exceeded the applicable emission limit in § 63.4490, and you used no thinner or other additive, or cleaning material that contained organic HAP, determined according to § 63.4541( a). ( d) You must maintain records as specified in § § 63.4530 and 63.4531.

Compliance Requirements for the Emission Rate Without Add On Controls Option § 63.4550 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4551. The initial compliance period begins on the applicable compliance date specified in § 63.4483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and mass of coating solids used each month and then calculate a 12 month organic HAP emission rate at the end of the initial 12 month compliance period. The initial compliance demonstration includes the calculations according to § 63.4551 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.4490.

§ 63.4551 How do I demonstrate initial compliance with the emission limitations? You may use the emission rate without add on controls option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the compliant material option or the emission rate with add on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add on controls option, the coating operation or group of coating operations must meet the applicable emission limit in § 63.4490, but is not required to meet the operating limits or work practice standards in § § 63.4492 and 63.4493, respectively. You must conduct a separate initial compliance demonstration for each general use coating, TPO coating, headlamp coating, and assembled on road vehicle coating affected source. You must meet all the requirements of this section. When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners or other additives, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate with add on controls option or coating operations in a different affected source in a different subcategory. You do not need to redetermine the mass of organic HAP in coatings, thinners and other additives, or cleaning materials that have been reclaimed onsite and reused in the coating operation for which you use the emission rate without add on controls option. ( a) Determine the mass fraction of organic HAP for each material. Determine the mass fraction of organic HAP for each coating, thinner or other additive, and cleaning material used during each month according to the requirements in § 63.4541( a). ( b) Determine the mass fraction of coating solids. Determine the mass fraction of coating solids ( pounds of solids per pound of coating) for each coating used during each month according to the requirements in § 63.4541( b). ( c) Determine the density of each material. Determine the density of each coating, thinner or other additive, and cleaning material used during each month from test results using ASTM Method D1475   98, information from the supplier or manufacturer of the material, or reference sources providing density or specific gravity data for pure materials. If there is disagreement between ASTM Method D1475   98 test results and other such information sources, the test results will take precedence. ( d) Determine the volume of each material used. Determine the volume ( gallons) of each coating, thinner or other additive, and cleaning material used during each month by measurement or usage records. ( e) Calculate the mass of organic HAP emissions. The mass of organic HAP emissions is the combined mass of organic HAP contained in all coatings, thinners and other additives, and cleaning materials used during each month minus the organic HAP in certain waste materials. Calculate the mass of organic HAP emissions using Equation 1 of this section.

H A B C R Eq e w = + +   ( . 1)

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

A Vol D W Eq c i i m c i c i = ( )( )( )

=   , , , ( .

1 1A)

Where:

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

( 2) Calculate the lb of organic HAP in the thinners and other additives used VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 EP04DE02.002</ MATH> EP04DE02.003</ MATH> 72309 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules during the month using Equation 1B of this section:

B Vol D W Eq t j j n t j t j = ( )( )( )

=   , , , ( .

1 1B)

Where: B = total mass of organic HAP in the thinners and other additives used during the month, lb. Volt, j = total volume of thinner or other additive, j, used during the month, gallons. Dt, j = density of thinner or other additive, j, lb per gallon. Wt, j = mass fraction of organic HAP in thinner or other additive, j, lb organic HAP per lb thinner. n = number of different thinners or other additives used during the month. ( 3) Calculate the lb organic HAP in the cleaning materials used during the month using Equation 1C of this section:

C Vol D W Eq s k k p s k s k = ( )( )( )

=   , , , ( .

1 1C)

Where: C = total mass of organic HAP in the cleaning materials used during the month, lb. Vols, k = total volume of cleaning material, k, used during the month, gallons. Ds, k = density of cleaning material, k, lb per gallon. Ws, k = mass fraction of organic HAP in cleaning material, k, lb organic HAP per lb material. p = number of different cleaning materials used during the month. ( 4) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 1 of this section, then you must determine it according to paragraphs ( e)( 4)( i) through ( iv) of this section. ( i) You may include in the determination only waste materials that are generated by coating operations in the affected source for which you use Equation 1 of this section and that will be treated or disposed of by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off site or on site. You may not include organic HAP contained in wastewater. ( ii) You must determine either the amount of the waste materials sent to a TSDF during the month or the amount collected and stored during the month and designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a month if you have already included them in the amount collected and stored during that month or a previous month. ( iii) Determine the total mass of organic HAP contained in the waste materials specified in paragraph ( e)( 4)( ii) of this section. ( iv) You must document the methodology you use to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.4530( h). To the extent that waste manifests include this, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. ( f) Calculate the total mass of coating solids used. Determine the total mass of coating solids used, lb, which is the combined mass of coating solids for all coatings used during each month using Equation 2 of this section:

M Vol D M Eq st c i i m c i s i = ( )( )( )

=   , , , ( .

1 2)

Where: Mst = total mass of coating solids used during the month, lb. Volc, i = total volume of coating, i, used during the month, gallons. Dc, i = density of coating, i, lbs per gallon coating, determined according to 63.4551( c). Ms, i = mass fraction of coating solids for coating, i, lbs solids per lb coating, determined according to § 63.4541( b). m = number of coatings used during the month. ( g) Calculate the organic HAP emission rate for the 12 month compliance period, kg ( lb) of organic HAP emitted per kg ( lb) coating solids used, using Equation 3 of this section:

H H M Eq yr e y st y = =

=

  1 12 1 12 ( . 3)

Where: Hyr = average organic HAP emission rate for the 12 month compliance period, kg ( lb) of organic HAP emitted per kg ( lb) coating solids used. He = total mass of organic HAP emissions from all materials used during month, y, lb, as calculated by Equation 1 of this section. Mst = total mass of coating solids used during month, y, lb, as calculated by Equation 2 of this section. y = identifier for months.

( h) Compliance demonstration. The organic HAP emission rate for the initial 12 month compliance period must be less than or equal to the applicable emission limit in § 63.4490. You must keep all records as required by § § 63.4530 and 63.4531. As part of the Notification of Compliance Status required by § 63.4510, you must identify the coating operation( s) for which you used the emission rate without add on controls option and submit a statement that the coating operation( s) was ( were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than or equal to the applicable emission limit in § 63.4490, determined according to the procedures in this section.

§ 63.4552 How do I demonstrate continuous compliance with the emission limitations?

( a) To demonstrate continuous compliance, the organic HAP emission rate for each compliance period, determined according to § 63.4551( a) through ( g), must be less than or equal to the applicable emission limit in § 63.4490. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.4550 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.4551( a) through ( g) on a monthly basis using data from the previous 12 months of operation. ( b) If the organic HAP emission rate for any 12 month compliance period exceeded the applicable emission limit in § 63.4490, this is a deviation from the emission limitation for that compliance period and must be reported as specified in § § 63.4510( c)( 6) and 63.4520( a)( 6).

VerDate 0ct< 31> 2002 20: 54 Dec 03, 2002 Jkt 200001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\ FR\ FM\ 04DEP2. SGM 04DEP2 EP04DE02.004</ MATH> EP04DE02.005</ MATH> EP04DE02.006</ MATH> EP04DE02.007</ MATH> 72310 Federal Register / Vol. 67, No. 233 / Wednesday, December 4, 2002 / Proposed Rules ( c) As part of each semiannual compliance report required by § 63.4520, you must identify the coating operation( s) for which you used the emission rate without add on controls option. If there were no deviations from the emission limitations, you must submit a statement that the coating operation( s) was ( were) in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4490, determined according to § 63.4551( a) through ( g). ( d) You must maintain records as specified in § § 63.4530 and 63.4531.