require facilities to submit their plans to State or local agencies, or
the EPA. The final rule requires them to keep their plans on site and
to include a statement in their initial notification or notification of
compliance that they have developed their plans and met the
requirements associated with the MeCl minimization plan. The final rule
also includes a requirement for facilities to review their plans
annually and to make changes as appropriate based on their experiences
in the previous year. Documentation of this review will also replace
the proposed rule requirement to submit annual compliance reports to
the permitting authority. While the final rule does not require
submission of the MeCl minimization plan, facilities that are required
to develop plans must still submit an initial notification and a
notification of compliance, and meet annual MeCl minimization plan
review, revision, and recordkeeping requirements.
    Comment: One commenter indicated the annual reporting time and
costs appeared to be underestimated unless simple materials are
developed to help streamline the efforts of small businesses to
complete this reporting. The commenter predicted that small businesses
would spend closer to 15 hours or more to develop something on their
own and to compile all the information alone would probably take six to
eight hours. If a small business owner tries to minimize his or her
time spent on the report, they would have to hire a consultant at $100
per hour or more. The consultant may take just six hours to complete
the work, but that total cost would be $600 instead of $219, according
to the commenter. Other commenters also indicated that the reporting
burden had been underestimated.
    Some commenters questioned whether EPA had considered the cost to
EPA, State, and local implementing agencies to perform outreach and
assist sources to comply, receive initial notifications, conduct field
inspections, and process annual certifications.
    Some commenters also said that initial notifications, compliance
status notifications, and annual compliance reports would place an
undue burden on facilities and State agencies. One commenter suggested
allowing sources to maintain records of compliance on site and make
them available upon request for local, State, or Federal inspection
without submission of annual reports. Another suggested the following
for autobody refinishing shops: Combine the initial notification with
the notification of compliance status, eliminate the annual reports,
keep file copies of training certifications for currently employed
painters, eliminate some other records including records of deviations,
and possibly the requirement to keep records for five years.
    Response: The EPA has revised the rule to reduce the notification
and reporting burden to sources and the burden to State and local
agencies receiving the notifications and reports, while still retaining
information needed to implement and enforce the rule. In particular,
the final rule does not require facilities to submit annual compliance
reports. Therefore, after the one-time initial notification and
notification of compliance status (if needed), there will be no regular
annual reporting burden to sources, and the implementing agencies will
not need to review and track thousands of annual compliance reports.
Sources will only need to submit a report if there is a change in the
information contained in the initial notification, notification of
compliance status, or a previous annual notification of changes report.
This is a reasonable approach that reduces the burden on regulated
sources, but provides EPA and delegated States with necessary
compliance information. If there are no changes in a given year, the
report would be identical to what was previously submitted, either in
an earlier annual report, in the initial notification, or in the
notification of compliance status. Therefore, EPA believes it is
appropriate to require a report only if the relevant information has
changed.
    Sources will still be required to submit an initial notification
that they are subject to the rule. The notification contains a very
brief description of the operation that is subject to the rule;
however, the type of information that should be included is minimal,
clearly explained in the rule, and should be readily available to the
owners and operators of motor vehicle and mobile equipment surface
coating shops, or miscellaneous surface coating operations.
    The initial notification is needed so that implementing agencies
will have a list of sources that are subject to the rule and will know
with which part of the

rules each source must comply (e.g., surface coating or paint
stripping). This is necessary so that implementing agencies can target
outreach, inspection, and enforcement efforts.
    In addition, sources will continue to be required to keep the
proposed records to demonstrate compliance. These records are limited
to painter certification records, documentation of spray booth filter
efficiencies (which are expected to be supplied by the manufacturer),
documentation from spray gun manufacturers (only if the source is using
a spray gun other than the types listed in the rule), records of usage
of paint strippers containing MeCl, and records of deviations from the
rule requirements. The content of the required records is clearly
explained in the rule, and the records can be kept in whatever format
is easiest for the shop (hard copies or electronic). These records are
the minimum level of information needed for an inspector to determine
if a source is complying with the rules.
    The EPA has not reduced the amount of time that records must be
retained. The records that must be retained are minimal and reducing
the time they are kept from five years to two years would not affect
the burden of storing these minimal records. In addition, the longer
record period is the minimum needed to verify compliance with the
training requirements since refresher training is needed every five
years. The longer record period is also needed to ensure that paint
stripping sources that have to complete a MeCl minimization plan are
consistently reviewing and updating the plan on an annual basis.

L. Cost and Economic Impacts

    Comment: Several commenters said that the number of area sources
that perform miscellaneous surface coating is much larger than EPA
estimated. These estimates were based on the number of miscellaneous
surface coating sources known to regulatory agencies in different
States. The commenters estimated that the total number of sources
subject to the rule could be about 200,000 nationwide, and many of
these could be small businesses. Another commenter believed that EPA
has not met the criteria needed to certify that there will not be a
``significant impact on a substantial number of small entities''
(SISNOSE) as needed under the Regulatory Flexibility Act (RFA) and has
underestimated the cost and economic impacts because the rule would
require many sources to install spray booths and obtain operator
training.
    Response: The EPA agrees that the number of sources that could have
been affected by the proposed rule, if interpreted to apply to all
miscellaneous surface coating operations, was higher than estimated at
proposal. However, the EPA has revised the final rule to clarify the
intended sources to which it would apply, and to reduce the actual
number of affected sources subject to the rule. Miscellaneous surface
coating facilities that do not spray apply coatings that contain the
target HAP will not be subject to the final rule.
    The EPA believes that these changes in the final rule will more
accurately reflect the number of sources that are potentially subject
to the rule, and for which the proposed economic impacts were based,
since only a fraction of miscellaneous surface coating sources use
coatings that contain the target HAP. Based on the datasets available
to EPA for the miscellaneous surface coating source category and
additional information submitted by several commenters, EPA estimates
that less than 10 percent of the total population of sources are spray
applying coatings that contain the target HAP. In addition, many
miscellaneous surface coating sources that are currently using coatings
that contain the target HAP may be able to avoid being subject to the
rule by either switching to coatings that do not contain the target
HAP, or switching to non-spray application technology. Based on these
changes, the EPA believes that the rule will not have an adverse impact
on those facilities.

VI. Summary of Environmental, Energy, and Economic Impacts

    The EPA estimates that about 39,000 establishments performing paint
stripping, motor vehicle and mobile equipment, or miscellaneous surface
coating operations would be subject to the final rule. We estimate that
about 3,000 of these establishments are paint stripping facilities and
36,000 establishments are surface coating operations. The majority of
these surface coating establishments (about 35,000) are involved in
motor vehicle and mobile equipment refinishing, and employ about
263,000 people, of which about one-third are painters.

A. What are the air impacts?

Paint Stripping Operations
    The baseline MeCl emissions from paint stripping operations are
estimated to be 3,800 tpy. Around 500 tpy is estimated to be emitted
from the approximately 2,000 facilities that annually use paint
stripper containing one ton of MeCl or less. The remaining 3,300 tpy is
estimated to be emitted by the approximately 1,000 paint strippers that
annually use paint strippers containing more than one ton of MeCl and
who would be required to develop a MeCl minimization plan.
Miscellaneous Coating Operations
    The baseline emissions from the surface coating operations are
estimated to be about 38,000 tpy of HAP, including 12.4 tpy of
inorganic HAP (e.g. Pb and Cr-VI compounds). In addition to the HAP,
baseline emissions of criteria pollutants are estimated to be 3,100 tpy
of particulate matter (PM) from paint overspray and 120,400 tpy of
volatile organic compounds (VOC) from coating and solvent evaporation.
    Implementation of the final standards would achieve a reduction of
6,900 tpy of HAP from surface coating operations, including about 11.4
tpy of inorganic HAP. In addition to the HAP, we estimate PM reductions
of about 2,900 tpy and VOC reductions of about 20,900 tpy. These
reductions would occur as a result of reduced use of HAP-containing
solvents and coatings, increased use of filtered spray booths to
capture overspray, increased spray painter training, and use of HVLP or
equivalent guns to improve transfer efficiency and to reduce coating
overspray and paint consumption. Additional detail on these
calculations are included in the public docket for this rulemaking.

B. What are the cost impacts?

Paint Stripping Operations
    We estimate that the final standards for paint stripping operations
will result in an initial cost of around $1,500,000 and a net savings
in annual costs. This includes an estimated initial cost of $490,000
and annual costs of $80,000 for the nearly 2,000 paint strippers who
annually use paint stripper containing one ton of MeCl or less. Initial
costs for the approximately 1,000 paint strippers who annually use
paint strippers containing more than one ton of MeCl, who would be
required to develop MeCl minimization plans, are estimated to be just
over $1 million. The annual costs for those plants are estimated to be
a net savings of $910,000.
    For the nearly 2,000 paint strippers who annually use paint
strippers containing one ton of MeCl or less, switching to alternative
non-MeCl paint stripping methods comprise most of the costs.
    The costs for the approximately 1,000 paint strippers who are
required to develop MeCl minimization plans are attributable to the
development and implementation of the MeCl

minimization plan. Annual costs will include an estimated $400,000 for
the development and implementation of the MeCl minimization plan and an
estimated $450,000 associated with switching paint stripping
technologies. Annual savings resulting from the implementation of the
MeCl minimization plan include an estimated $420,000 from the
elimination of unnecessary stripping operations and $1,320,000 in
management practice savings from the reduced use of MeCl-containing
strippers. Additional detail on these calculations are included in the
public docket for this rulemaking.
Miscellaneous Coating Operations
    We estimate that the final standards for surface coating operations
will have no net annual cost to surface coating operations. The initial
cost of complying with the final standards would be off-set and
recovered over time by cost savings as a result of more efficient use
of labor and materials by surface coating operations. The initial costs
for surface coating operations are for purchasing improved spray booth
filters, HVLP or equivalent spray guns, and painter training, if needed
to comply with the final standards.
    Spray finishing operations are already required by OSHA standards
to perform spray painting in a spray booth or similar enclosure.
However, the final standards specify that certain types of filters have
to be used on the spray booth exhaust to minimize HAP emissions, and
these filters are not addressed by OSHA standards. Some surface coating
sources may need to replace their current filters for ones with higher
paint overspray capture efficiency, but the higher efficiency filters
are readily available and will not result in an additional cost.
    The estimated cost for training is $1,000 per painter, which covers
tuition cost and labor cost for 16 hours of training time. Based on the
United States census data collected to estimate new sources for this
source category the number of refinishing shops in the United States
remain constant (i.e., for every new shop, a shop closes) and it is
expected that this trend will continue in the future. This reflects on
the number of new painters that would need training. We assumed that
training certification would be valid for five years, so about one-
fifth of painters (20 percent) would receive training every year. We
estimate that about 18,000 painters would be trained per year at an
annual cost of $18 million per year.
    However, EPA believes that these training costs could be over-
stated for at least two reasons. First, many facilities already send
their painters to training sponsored by paint companies and trade
organizations. Paint companies sponsor painter training so that the
paint company can reduce warranty claims on their paint products. These
training courses already cover much of the same material required by
the final rule. Therefore, the rule would not impose new training costs
on these facilities that already participate in training.
    Second, the estimated training cost could be offset by reduced
coating costs if the training results in reduced coating consumption.
Data from the STAR[reg] training programs indicate that painters who
complete this training can decrease the amount of coating sprayed by
about 20 percent per job. We estimate that if a typical facility
reduced their coating consumption and costs by about four percent per
year, the cost savings would equalize the increased cost of training
after one year, and there would be no net cost in training. To recover
the cost of training over five years, a typical facility would need to
reduce their coating consumption by slightly less than one percent.
    In summary, EPA estimates that the final requirements for surface
coating operations would not result in any net increase in annual costs
from the control requirements for surface coating operations. We
estimated that the annual cost for recordkeeping and reporting for
surface coating operations would be $7.8 million for about 36,000
surface coating operations, or an average of about $220 per facility.
Cost estimates are based on the information available to the
Administrator and presented in the economic analysis of this rule.
Additional detail is included in the public docket for this rulemaking.

C. What are the economic impacts?

    The economic impact analysis focuses on changes in market prices
and output levels. A more detailed discussion of the economic impacts
is presented in the economic impact analysis memorandum that is
included in the docket.
    Both the magnitude of control costs needed to comply with the rule
and the distribution of these costs among affected facilities can have
a role in determining how the market prices and quantities will change
in response to the rule. In this case, we have so many facilities that
model facilities must be used in the cost analysis. The cost analysis
estimates that there will be no net increase in annual costs from the
control requirements from the final regulation for surface coating
operations. The record keeping and reporting costs are estimated to
range from $76 to $95 per facility per year.
    These costs are too small to have any significant market impact.
Whether the costs are absorbed by the affected facilities or passed on
to the purchaser in the form of higher prices, the impacts would be
quite small.
    The cost analysis estimates that there will be a net cost savings
from the control requirements, recordkeeping, and reporting from the
final regulation for paint stripping for all but the smallest model
plant. The cost for the smallest model plant is estimated to be $11 a
year.
    Again, these costs are too small to have any significant market
impact. Whether the costs are absorbed by the affected facilities or
passed on to the purchaser in the form of higher prices, the impacts
would be quite small.
    While most of these facilities are small, the very small costs are
not expected to be even a tenth of a percent of revenues. Thus a
significant impact is not expected for a substantial number of small
entities.

D. What are the non-air health, environmental, and energy impacts?

Paint Stripping Operations
    We estimate that there will be a reduction in non-air health and
environmental impacts resulting from the paint stripping area source
NESHAP. Reduced usage of MeCl-containing chemical strippers will result
in reduction in waste water generated from rinsing chemically stripped
pieces. Additionally, reduced chemical stripping activity will result
in a reduction in the generation of hazardous wastes composed of rags
and other chemical stripper applicators and removal equipment.
    EPA expects some increase in the need for energy resulting from
switching away from MeCl-containing chemical strippers to other paint
stripping methods. There would be a slight increase in energy usage
associated with switching to other chemical strippers that do not
contain MeCl because they often need to be heated above room
temperature to be most effective. There is also some increase in energy
usage associated with non-manual mechanical stripping and blasting with
both dry and wet media.
    The energy usage increase would be somewhat more for thermal
decomposition or cryogenic paint stripping technologies. Thermal
decomposition basically uses natural gas heated ovens to bake the paint
off the substrate. Cryogenic paint stripping methods have increased
electricity demands associated with the production

of liquid nitrogen or liquid carbon dioxide.
Surface Coating Operations
    We estimated that about 5,000 surface coating operations, primarily
motor vehicle refinishing operations, would need to install spray
booths to comply with the final standards. Spray booths would need
electricity to run fans and natural gas to heat make-up air to maintain
facility temperatures in colder weather. We estimate that this would
lead to an increased electricity consumption of 9.8 million kilowatt
hours per year and increased natural gas consumption of 724 million
cubic feet per year. However, spray booths are already required for
spray finishing operations to comply with OSHA standards, so these
impacts would not be assigned to these final standards.
    Facilities that install spray booths would also need to dispose of
used spray booth filters. These are often placed in a sealed drum to
prevent spontaneous combustion and disposed of as hazardous waste. We
estimate that 5,000 new spray booths could generate used filters equal
to about 8,000 drums per year.
    We expect no increase in generation of wastewater or other water
quality impacts. None of the control measures considered for this rule
generates a wastewater stream.
    The installation of spray booths and increased worker training in
the proper use and handling of coating materials should reduce worker
exposure to harmful chemicals in the workplace. This should have a
positive benefit on worker health, but this benefit cannot be
quantified in the scope of this rulemaking.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been
submitted for approval to the OMB under the Paperwork Reduction Act, 44
U.S.C. 3501 et seq. The information collection requirements are not
enforceable until OMB approves them.
    The information 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 CAA section
114 (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 standards would require sources to submit an initial
notification that they are subject to the standards, submit a
notification of whether or not the source is in compliance (the
notification of compliance status) and keep records needed to
demonstrate compliance. These requirements would be the minimum needed
to ensure that sources were complying with the requirements of the
rule.
    EPA estimates that about 40,000 existing area sources would be
subject to the standards. EPA also estimates that about 1,600 new
facilities would open per year in the three years following
promulgation of the standards, but that the total number of facilities
would remain constant as new facilities replace facilities that have
closed.
    New and existing sources would have no capital costs associated
with the information collection requirements in the standards.
    The estimated recordkeeping and reporting burden in the third year
after the effective date of the promulgated rule is estimated to be
62,877 labor hours at a cost of $2.2 million. This estimate includes,
depending on the type of source, the cost of keeping records of paint
stripping solvent consumption, painter training, spray booth filter
efficiency, and spray gun transfer efficiency. The average hours and
cost per facility would be 6.4 hours and $219.
    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 in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment to 40
CFR part 9 in the Federal Register to display the OMB control number
for the approved information collection requirements contained in this
final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule would not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small not-for-profit enterprises, and small governmental jurisdictions.
    For the purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business that meets
the Small Business Administration size standards for small businesses
found at 13 CFR 121.201; (2) a small governmental jurisdiction that is
a government of a city, county, town, school district, or special
district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. The small
entities directly regulated by this final rule are small businesses,
small governmental jurisdictions and small non-profits. There will not
be significant adverse impacts on existing area sources in any of the
three source categories because the rule creates minimal burden for
existing sources associated primarily with notification and reporting
requirements, as the best management or equipment practices are
designed to recover initial cost. EPA has determined that the cost of
these requirements (estimated at less than $100 per year per facility)
would not result in a significant adverse economic

impact on any facility, large or small (i.e., the cost is less than one
percent of total revenues, even for small businesses).
    Although this final rule will not have a significant economic
impact on a substantial number of small entities, EPA nonetheless, has
tried to reduce the impact of this rule on small entities. The
standards represent practices and controls that are common throughout
the sources engaged in paint stripping and surface coating. The
standards also require minimal amount of recordkeeping and reporting
needed to demonstrate and verify compliance. These standards were
developed in consultation with numerous individual small businesses and
their representative trade associations.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, established 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 the proposed and final rule with ``Federal mandates''
that may result in expenditures to State, local, and tribal
governments, in the aggregate, or to the private sector, of $100
million or more in any one year. Before promulgating a rule for which a
written statement is needed, section 205 of the UMRA generally requires
EPA to identify and consider a reasonable number of regulatory
alternatives and adopt the least costly, most cost-effective or least
burdensome alternative that achieves the objectives of the rule. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Moreover, section 205 allows EPA to adopt an
alternative other than the least costly, most cost-effective or least
burdensome alternative if the Administrator publishes with the final
rule an explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal 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.
    EPA has determined that this 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 one year. This decision is based on discussions with
State, local, and tribal governments during site visits. Thus, this
rule is not subject to the requirements of sections 202 and 205 of the
UMRA.
    EPA has determined that this rule contains no regulatory
requirements that might significantly or uniquely affect small
governments. Some State, local, or tribal governments have paint
stripping and/or surface coating operations (e.g., municipal fleet
vehicle maintenance garages) that may be subject to the requirements of
this rule. However, EPA does not believe that any of them are operated
by small government entities. Small government entities are expected to
contract for vehicle refinishing services when these services are
needed, rather than doing this work in-house. In addition, total
expenditures for all entities to comply with the rule are estimated to
be less than $100 million in any year.

E. Executive Order 13132: Federalism

    Executive Order (EO) 13132, entitled ``Federalism'' (64 FR 43255,
August 10, 1999), requires EPA to develop an accountable process to
ensure ``meaningful and timely input by State and local officials in
the development of regulatory policies that have Federalism
implications''. ``Policies that have Federalism implications'' is
defined in the EO 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.''
    This 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 EO 13132. The EPA is required by CAA section 112, to
establish the standards in the rule. The rule primarily affects private
industry, and does not impose significant economic costs on State or
local governments. In the spirit of Executive Order 13132, and
consistent with EPA policy to promote communications between EPA and
State and local governments, EPA specifically solicited comment on the
proposed rule from State and local officials.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order (EO) 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), requires EPA to develop an accountable process to ensure
``meaningful and timely input by tribal officials in the development of
regulatory policies that have tribal implications.'' This final rule
does not have tribal implications, as specified in EO 13175. 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 EO 13175. Thus, EO 13175
does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    Executive Order (EO) 13045: ``Protection of Children From
Environmental Health and Safety Risks'' (62 FR 19885, April 23, 1997)
applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under EO 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency 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.
    EPA interprets EO 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 Order has the potential to
influence the regulation. This rule is not subject to EO 13045 because
it is based on technology performance and not on health or safety
risks.

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

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, (May 22, 2001)) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of

energy. Some of the affected sources would be expected to install and
operate spray booths to comply with the rule and these would require
electricity and natural gas to operate. However the increased use of
energy by these sources would not have a significant effect on the
supply, distribution, or use of energy.

I. National Technology Transfer Advancement Act

    As noted in the proposed rule, section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (NTTAA) (Pub. L. 104-
113, 12(d), (15 U.S.C. 272 note) directs EPA to use voluntary consensus
standards (VCS) in its regulatory activities, unless to do so would be
inconsistent with applicable law or otherwise impractical. The VCS are
technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
    This rulemaking involves technical standards. Therefore the EPA
conducted searches to identify potential voluntary consensus standards.
However, we identified no such standards and none were brought to our
attention in comments. The search and review results are in the docket
for this rule. Therefore EPA has decided to use the following:
    (1) the American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) Method 52.1, ``Gravimetric and Dust-
Spot Procedures for Testing Air-Cleaning Devices Used in General
Ventilation for Removing Particulate Matter, June 4, 1992,'' to measure
paint booth filter efficiency to measure the capture efficiency of
paint overspray arrestors with spray-applied coatings
    (2) California South Coast Air Quality Management District's
(SCAQMD) methods: ``Spray Equipment Transfer Efficiency Test Procedure
For Equipment User, May 24, 1989'' and ``Guidelines for Demonstrating
Equivalency with District Approved Transfer Efficient Spray Guns,
September 26, 2002'' as methods to demonstrate the equivalency of spray
gun transfer efficiency for spray guns that do not meet the definition
of HVLP or electrostatic spray.
    Under Sec.  63.7(f) and Sec.  63.8(f) of subpart A of the General
Provisions, a source may apply to EPA for permission to use alternative
test methods or alternative monitoring requirements in place of any
required testing methods, performance specifications, or procedures.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. The rule establishes national standards for air
quality that apply equally to all affected sources, whether or not they
are located in or near minority or low-income populations. Hence there
are no requirements in this rule that would disproportionately affect
these populations.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this final rule and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the final rule in the Federal
Register. A major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2). This final rule will be effective on
January 9, 2008.

List of Subjects in 40 CFR Part 63

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

    Dated: December 14, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I of the Code
of Federal Regulations is amended as follows:

PART 63--[AMENDED]

0
1. The authority citation for part 63 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 63.14 is amended by revising paragraph (d) introductory text
and adding new paragraphs (d)(7) and (d)(8) and (l)(1) to read as
follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (d) State and Local Requirements. The materials listed below are
available at the Air and Radiation Docket and Information Center, U.S.
EPA, 401 M St., SW., Washington, DC. Additionally, the California South
Coast Air Quality Management District materials are available at http://www.aqmd.gov/permit/spraytransferefficiency.html
.

* * * * *
    (7) California South Coast Air Quality Management District's
``Spray Equipment Transfer Efficiency Test Procedure for Equipment
User, May 24, 1989'', IBR approved for Sec.  63.11173(e)(3).
    (8) California South Coast Air Quality Management District's
``Guidelines for Demonstrating Equivalency with District Approved
Transfer Efficient Spray Guns, September 26, 2002'', IBR approved for
Sec.  63.11173(e)(3).
* * * * *
    (l) The following materials are available for purchase from the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers at 1791 Tullie Circle, NE., Atlanta, GA 30329 or by
electronic mail at<EMAIL_ADDRESS>    (1) American Society of Heating, Refrigerating, and Air-
Conditioning Engineers Method 52.1, ``Gravimetric and Dust-Spot
Procedures for Testing Air-Cleaning Devices Used in General Ventilation
for Removing Particulate Matter, June 4, 1992'', IBR approved for Sec.
63.11173(e)(2)(i).
* * * * *
0
3. Part 63 is amended by adding subpart HHHHHH consisting of Sec. Sec.
63.11169 through 63.11180 and table 1 to read as follows:

Subpart HHHHHH National Emission Standards for Hazardous Air
Pollutants: Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources

What This Subpart Covers

Sec.
63.11169 What is the purpose of this subpart?
63.11170 Am I subject to this subpart?
63.11171 How do I know if my source is considered a new source or an
existing source?

General Compliance Requirements

63.11172 When do I have to comply with this subpart?
63.11173 What are my general requirements for complying with this
subpart?
63.11174 What parts of the General Provisions apply to me?

Notifications, Reports, and Records

63.11175 What notifications must I submit?
63.11176 What reports must I submit?
63.11177 What records must I keep?
63.11178 In what form and for how long must I keep my records?

Other Requirements and Information

63.11179 Who implements and enforces this subpart?
63.11180 What definitions do I need to know?

Table to Subpart HHHHHH of Part 63

Table 1 to Subpart HHHHHH of Part 63--Applicability of General
Provisions to Subpart HHHHHH of Part 63

Subpart HHHHHH--National Emission Standards for Hazardous Air
Pollutants: Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources

What This Subpart Covers

Sec.  63.11169  What is the purpose of this subpart?

    Except as provided in paragraph (d) of this section, this subpart
establishes national emission standards for hazardous air pollutants
(HAP) for area sources involved in any of the activities in paragraphs
(a) through (c) of this section. This subpart also establishes
requirements to demonstrate initial and continuous compliance with the
emission standards contained herein.
    (a) Paint stripping operations that involve the use of chemical
strippers that contain methylene chloride (MeCl), Chemical Abstract
Service number 75092, in paint removal processes;
    (b) Autobody refinishing operations that encompass motor vehicle
and mobile equipment spray-applied surface coating operations;
    (c) Spray application of coatings containing compounds of chromium
(Cr), lead (Pb), manganese (Mn), nickel (Ni), or cadmium (Cd),
collectively referred to as the target HAP to any part or product made
of metal or plastic, or combinations of metal and plastic that are not
motor vehicles or mobile equipment.
    (d) This subpart does not apply to any of the activities described
in paragraph (d)(1) through (6) of this section.
    (1) Surface coating or paint stripping performed on site at
installations owned or operated by the Armed Forces of the United
States (including the Coast Guard and the National Guard of any such
State), the National Aeronautics and Space Administration, or the
National Nuclear Security Administration.
    (2) Surface coating or paint stripping of military munitions, as
defined in Sec.  63.11180, manufactured by or for the Armed Forces of
the United States (including the Coast Guard and the National Guard of
any such State) or equipment directly and exclusively used for the
purposes of transporting military munitions.
    (3) Surface coating or paint stripping performed by individuals on
their personal vehicles, possessions, or property, either as a hobby or
for maintenance of their personal vehicles, possessions, or property.
This subpart also does not apply when these operations are performed by
individuals for others without compensation. An individual who spray
applies surface coating to more than two motor vehicles or pieces of
mobile equipment per year is subject to the requirements in this
subpart that pertain to motor vehicle and mobile equipment surface
coating regardless of whether compensation is received.
    (4) Surface coating or paint stripping that meets the definition of
``research and laboratory activities'' in Sec.  63.11180.
    (5) Surface coating or paint stripping that meets the definition of
``quality control activities'' in Sec.  63.11180.
    (6) Surface coating or paint stripping activities that are covered
under another area source NESHAP.

Sec.  63.11170  Am I subject to this subpart?

    (a) You are subject to this subpart if you operate an area source
of HAP as defined in paragraph (b) of this section, including sources
that are part of a tribal, local, State, or Federal facility and you
perform one or more of the activities in paragraphs (a)(1) through (3)
of this section:
    (1) Perform paint stripping using MeCl for the removal of dried
paint (including, but not limited to, paint, enamel, varnish, shellac,
and lacquer) from wood, metal, plastic, and other substrates.
    (2) Perform spray application of coatings, as defined in Sec.
63.11180, to motor vehicles and mobile equipment including operations
that are located in stationary structures at fixed locations, and
mobile repair and refinishing operations that travel to the customer's
location, except spray coating applications that meet the definition of
facility maintenance in Sec.  63.11180. However, if you are the owner
or operator of a motor vehicle or mobile equipment surface coating
operation, you may petition the Administrator for an exemption from
this subpart if you can demonstrate, to the satisfaction of the
Administrator, that you spray apply no coatings that contain the target
HAP, as defined in Sec.  63.11180. Petitions must include a description
of the coatings that you spray apply and your certification that you do
not spray apply any coatings containing the target HAP. If
circumstances change such that you intend to spray apply coatings
containing the target HAP, you must submit the initial notification
required by 63.11175 and comply with the requirements of this subpart.
    (3) Perform spray application of coatings that contain the target
HAP, as defined in Sec.  63.11180, to a plastic and/or metal substrate
on a part or product, except spray coating applications that meet the
definition of facility maintenance or space vehicle in Sec.  63.11180.
    (b) An area source of HAP is a source of HAP that is not a major
source of HAP, is not located at a major source, and is not part of a
major source of HAP emissions. 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 emit any combination of HAP at a rate of
22.68 Mg (25 tons) or more per year.

Sec.  63.11171  How do I know if my source is considered a new source
or an existing source?

    (a) This subpart applies to each new and existing affected area
source engaged in the activities listed in Sec.  63.11170, with the
exception of those activities listed in Sec.  63.11169(d) of this
subpart.
    (b) The affected source is the collection of all of the items
listed in paragraphs (b)(1) through (6) of this section. Not all
affected sources will have all of the items listed in paragraphs (b)(1)
through (6) of this section.
    (1) Mixing rooms and equipment;

    (2) Spray booths, ventilated prep stations, curing ovens, and
associated equipment;
    (3) Spray guns and associated equipment;
    (4) Spray gun cleaning equipment;
    (5) Equipment used for storage, handling, recovery, or recycling of
cleaning solvent or waste paint; and
    (6) Equipment used for paint stripping at paint stripping
facilities using paint strippers containing MeCl.
    (c) An affected source is a new source if it meets the criteria in
paragraphs (c)(1) and (c)(2) of this section.
    (1) You commenced the construction of the source after September
17, 2007 by installing new paint stripping or surface coating
equipment. If you purchase and install spray booths, enclosed spray gun
cleaners, paint stripping equipment to reduce MeCl emissions, or
purchase new spray guns to comply with this subpart at an existing
source, these actions would not make your existing source a new source.
    (2) The new paint stripping or surface coating equipment is used at
a source that was not actively engaged in paint stripping and/or
miscellaneous surface coating prior to September 17, 2007.
    (d) An affected source is reconstructed if it meets the definition
of reconstruction in Sec.  63.2.
    (e) An affected source is an existing source if it is not a new
source or a reconstructed source.

General Compliance Requirements

Sec.  63.11172  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) and (b) of this section.
    (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 after September 17, 2007, the compliance date is January 9,
2008.
    (2) If the initial startup of your new or reconstructed affected
source occurs after January 9, 2008, the compliance date is the date of
initial startup of your affected source.
    (b) For an existing affected source, the compliance date is January
10, 2011.

Sec.  63.11173  What are my general requirements for complying with
this subpart?

    (a) Each paint stripping operation that is an affected area source
must implement management practices to minimize the evaporative
emissions of MeCl. The management practices must address, at a minimum,
the practices in paragraphs (a)(1) through (5) of this section, as
applicable, for your operations.
    (1) Evaluate each application to ensure there is a need for paint
stripping (e.g., evaluate whether it is possible to re-coat the piece
without removing the existing coating).
    (2) Evaluate each application where a paint stripper containing
MeCl is used to ensure that there is no alternative paint stripping
technology that can be used.
    (3) Reduce exposure of all paint strippers containing MeCl to the
air.
    (4) Optimize application conditions when using paint strippers
containing MeCl to reduce MeCl evaporation (e.g., if the stripper must
be heated, make sure that the temperature is kept as low as possible to
reduce evaporation).
    (5) Practice proper storage and disposal of paint strippers
containing MeCl (e.g., store stripper in closed, air-tight containers).
    (b) Each paint stripping operation that has annual usage of more
than one ton of MeCl must develop and implement a written MeCl
minimization plan to minimize the use and emissions of MeCl. The MeCl
minimization plan must address, at a minimum, the management practices
specified in paragraphs (a)(1) through (5) of this section, as
applicable, for your operations. Each operation must post a placard or
sign outlining the MeCl minimization plan in each area where paint
stripping operations subject to this subpart occur. Paint stripping
operations with annual usage of more than one ton of MeCl, must comply
with the management practices in paragraphs (a)(1) through (5) of this
section, as applicable, but are not required to develop and implement a
written MeCl minimization plan.
    (c) Each paint stripping operation must maintain copies of annual
usage of paint strippers containing MeCl on site at all times.
    (d) Each paint stripping operation with annual usage of more than
one ton of MeCl must maintain a copy of their current MeCl minimization
plan on site at all times.
    (e) Each motor vehicle and mobile equipment surface coating
operation and each miscellaneous surface coating operation must meet
the requirements in paragraphs (e)(1) through (e)(5) of this section.
    (1) All painters must be certified that they have completed
training in the proper spray application of surface coatings and the
proper setup and maintenance of spray equipment. The minimum
requirements for training and certification are described in paragraph
(f) of this section. The spray application of surface coatings is
prohibited by persons who are not certified as having completed the
training described in paragraph (f) of this section. The requirements
of this paragraph do not apply to the students of an accredited surface
coating training program who are under the direct supervision of an
instructor who meets the requirements of this paragraph.
    (2) All spray-applied coatings must be applied in a spray booth,
preparation station, or mobile enclosure that meets the requirements of
paragraph (e)(2)(i) of this section and either paragraph (e)(2)(ii),
(e)(2)(iii), or (e)(2)(iv) of this section.
    (i) All spray booths, preparation stations, and mobile enclosures
must be fitted with a type of filter technology that is demonstrated to
achieve at least 98-percent capture of paint overspray. The procedure
used to demonstrate filter efficiency must be consistent with the
American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) Method 52.1, ``Gravimetric and Dust-Spot Procedures
for Testing Air-Cleaning Devices Used in General Ventilation for
Removing Particulate Matter, June 4, 1992'' (incorporated by reference,
see Sec.  63.14 of subpart A of this part). The test coating for
measuring filter efficiency shall be a high solids bake enamel
delivered at a rate of at least 135 grams per minute from a
conventional (non-HVLP) air-atomized spray gun operating at 40 pounds
per square inch (psi) air pressure; the air flow rate across the filter
shall be 150 feet per minute. Owners and operators may use published
filter efficiency data provided by filter vendors to demonstrate
compliance with this requirement and are not required to perform this
measurement. The requirements of this paragraph do not apply to
waterwash spray booths that are operated and maintained according to
the manufacturer's specifications.
    (ii) Spray booths and preparation stations used to refinish
complete motor vehicles or mobile equipment must be fully enclosed with
a full roof, and four complete walls or complete side curtains, and
must be ventilated at negative pressure so that air is drawn into any
openings in the booth walls or preparation station curtains. However,
if a spray booth is fully enclosed and has seals on all doors and other
openings and has an automatic pressure balancing system, it may be
operated at up to, but

not more than, 0.05 inches water gauge positive pressure.
    (iii) Spray booths and preparation stations that are used to coat
miscellaneous parts and products or vehicle subassemblies must have a
full roof, at least three complete walls or complete side curtains, and
must be ventilated so that air is drawn into the booth. The walls and
roof of a booth may have openings, if needed, to allow for conveyors
and parts to pass through the booth during the coating process.
    (iv) Mobile ventilated enclosures that are used to perform spot
repairs must enclose and, if necessary, seal against the surface around
the area being coated such that paint overspray is retained within the
enclosure and directed to a filter to capture paint overspray.
    (3) All spray-applied coatings must be applied with a high volume,
low pressure (HVLP) spray gun, electrostatic application, airless spray
gun, air-assisted airless spray gun, or an equivalent technology that
is demonstrated by the spray gun manufacturer to achieve transfer
efficiency comparable to one of the spray gun technologies listed above
for a comparable operation, and for which written approval has been
obtained from the Administrator. The procedure used to demonstrate that
spray gun transfer efficiency is equivalent to that of an HVLP spray
gun must be equivalent to the California South Coast Air Quality
Management District's ``Spray Equipment Transfer Efficiency Test
Procedure for Equipment User, May 24, 1989'' and ``Guidelines for
Demonstrating Equivalency with District Approved Transfer Efficient
Spray Guns, September 26, 2002'' (incorporated by reference, see Sec.
63.14 of subpart A of this part). The requirements of this paragraph do
not apply to painting performed by students and instructors at paint
training centers. The requirements of this paragraph do not apply to
the surface coating of aerospace vehicles that involves the coating of
components that normally require the use of an airbrush or an extension
on the spray gun to properly reach limited access spaces; to the
application of coatings on aerospace vehicles that contain fillers that
adversely affect atomization with HVLP spray guns; or to the
application of coatings on aerospace vehicles that normally have a
dried film thickness of less than 0.0013 centimeter (0.0005 in.).
    (4) All paint spray gun cleaning must be done so that an atomized
mist or spray of gun cleaning solvent and paint residue is not created
outside of a container that collects used gun cleaning solvent. Spray
gun cleaning may be done with, for example, hand cleaning of parts of
the disassembled gun in a container of solvent, by flushing solvent
through the gun without atomizing the solvent and paint residue, or by
using a fully enclosed spray gun washer. A combination of non-atomizing
methods may also be used.
    (5) As provided in Sec.  63.6(g), we, the U.S. Environmental
Protection Agency, may choose to grant you permission to use an
alternative to the emission standards in this section after you have
requested approval to do so according to Sec.  63.6(g)(2).
    (f) Each owner or operator of an affected miscellaneous surface
coating source must ensure and certify that all new and existing
personnel, including contract personnel, who spray apply surface
coatings, as defined in Sec.  63.11180, are trained in the proper
application of surface coatings as required by paragraph (e)(1) of this
section. The training program must include, at a minimum, the items
listed in paragraphs (f)(1) through (f)(3) of this section.
    (1) A list of all current personnel by name and job description who
are required to be trained;
    (2) Hands-on and classroom instruction that addresses, at a
minimum, initial and refresher training in the topics listed in
paragraphs (f)(2)(i) through (2)(iv) of this section.
    (i) Spray gun equipment selection, set up, and operation, including
measuring coating viscosity, selecting the proper fluid tip or nozzle,
and achieving the proper spray pattern, air pressure and volume, and
fluid delivery rate.
    (ii) Spray technique for different types of coatings to improve
transfer efficiency and minimize coating usage and overspray, including
maintaining the correct spray gun distance and angle to the part, using
proper banding and overlap, and reducing lead and lag spraying at the
beginning and end of each stroke.
    (iii) Routine spray booth and filter maintenance, including filter
selection and installation.
    (iv) Environmental compliance with the requirements of this
subpart.
    (3) A description of the methods to be used at the completion of
initial or refresher training to demonstrate, document, and provide
certification of successful completion of the required training. Owners
and operators who can show by documentation or certification that a
painter's work experience and/or training has resulted in training
equivalent to the training required in paragraph (f)(2) of this section
are not required to provide the initial training required by that
paragraph to these painters.
    (g) As required by paragraph (e)(1) of this section, all new and
existing personnel at an affected motor vehicle and mobile equipment or
miscellaneous surface coating source, including contract personnel, who
spray apply surface coatings, as defined in Sec.  63.11180, must be
trained by the dates specified in paragraphs (g)(1) and (2) of this
section. Employees who transfer within a company to a position as a
painter are subject to the same requirements as a new hire.
    (1) If your source is a new source, all personnel must be trained
and certified no later than 180 days after hiring or no later than July
7, 2008, whichever is later. Painter training that was completed within
five years prior to the date training is required, and that meets the
requirements specified in paragraph (f)(2) of this section satisfies
this requirement and is valid for a period not to exceed five years
after the date the training is completed.
    (2) If your source is an existing source, all personnel must be
trained and certified no later than 180 days after hiring or no later
than January 10, 2011, whichever is later. Painter training that was
completed within five years prior to the date training is required, and
that meets the requirements specified in paragraph (f)(2) of this
section satisfies this requirement and is valid for a period not to
exceed five years after the date the training is completed.
    (3) Training and certification will be valid for a period not to
exceed five years after the date the training is completed, and all
personnel must receive refresher training that meets the requirements
of this section and be re-certified every five years.

Sec.  63.11174  What parts of the General Provisions apply to me?

    (a) Table 1 of this subpart shows which parts of the General
Provisions in subpart A apply to you.
    (b) If you are an owner or operator of an area source subject to
this subpart, you are exempt from the obligation to obtain a permit
under 40 CFR part 70 or 71, provided you are not required to obtain a
permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your
status as an area source under this subpart. Notwithstanding the
previous sentence, you must continue to comply with the provisions of
this subpart applicable to area sources.

Notifications, Reports, and Records

Sec.  63.11175  What notifications must I submit?

    (a) Initial Notification. If you are the owner or operator of a
paint stripping operation using paint strippers containing MeCl and/or
a surface coating operation subject to this subpart, you must submit
the initial notification required by Sec.  63.9(b). For a new affected
source, you must submit the Initial Notification no later than 180 days
after initial startup or July 7, 2008, whichever is later. For an
existing affected source, you must submit the initial notification no
later than January 11, 2010. The initial notification must provide the
information specified in paragraphs (a)(1) through (8) of this section.
    (1) The company name, if applicable.
    (2) The name, title, street address, telephone number, e-mail
address (if available), and signature of the owner and operator, or
other certifying company official;
    (3) The street address (physical location) of the affected source
and the street address where compliance records are maintained, if
different. If the source is a motor vehicle or mobile equipment surface
coating operation that repairs vehicles at the customer's location,
rather than at a fixed location, such as a collision repair shop, the
notification should state this and indicate the physical location where
records are kept to demonstrate compliance;
    (4) An identification of the relevant standard (i.e., this subpart,
40 CFR part 63, subpart HHHHHH);
    (5) A brief description of the type of operation as specified in
paragraph (a)(5)(i) or (ii) of this section.
    (i) For all surface coating operations, indicate whether the source
is a motor vehicle and mobile equipment surface coating operation or a
miscellaneous surface coating operation, and include the number of
spray booths and preparation stations, and the number of painters
usually employed at the operation.
    (ii) For paint stripping operations, identify the method(s) of
paint stripping employed (e.g., chemical, mechanical) and the
substrates stripped (e.g., wood, plastic, metal).
    (6) Each paint stripping operation must indicate whether they plan
to annually use more than one ton of MeCl after the compliance date.
    (7) A statement of whether the source is already in compliance with
each of the relevant requirements of this subpart, or whether the
source will be brought into compliance by the compliance date. For
paint stripping operations, the relevant requirements that you must
evaluate in making this determination are specified in Sec.
63.11173(a) through (d) of this subpart. For surface coating
operations, the relevant requirements are specified in Sec.
63.11173(e) through (g) of this subpart.
    (8) If your source is a new source, you must certify in the initial
notification whether the source is in compliance with each of the
requirements of this subpart. If your source is an existing source, you
may certify in the initial notification that the source is already in
compliance. If you are certifying in the initial notification that the
source is in compliance with the relevant requirements of this subpart,
then include also a statement by a responsible official with that
official's name, title, phone number, e-mail address (if available) and
signature, certifying the truth, accuracy, and completeness of the
notification, a statement that the source has complied with all the
relevant standards of this subpart, and that this initial notification
also serves as the notification of compliance status.
    (b) Notification of Compliance Status. If you are the owner or
operator of a new source, you are not required to submit a separate
notification of compliance status in addition to the initial
notification specified in paragraph (a) of this subpart provided you
were able to certify compliance on the date of the initial
notification, as part of the initial notification, and your compliance
status has not since changed. If you are the owner or operator of any
existing source and did not certify in the initial notification that
your source is already in compliance as specified in paragraph (a) of
this section, then you must submit a notification of compliance status.
You must submit a Notification of Compliance Status on or before March
11, 2011. You are required to submit the information specified in
paragraphs (b)(1) through (4) of this section with your Notification of
Compliance Status:
    (1) Your company's name and the street address (physical location)
of the affected source and the street address where compliance records
are maintained, if different.
    (2) The name, title, address, telephone, e-mail address (if
available) and signature of the owner and operator, or other certifying
company official, certifying the truth, accuracy, and completeness of
the notification and a statement of whether the source has complied
with all the relevant standards and other requirements of this subpart
or an explanation of any noncompliance and a description of corrective
actions being taken to achieve compliance. For paint stripping
operations, the relevant requirements that you must evaluate in making
this determination are specified in Sec.  63.11173(a) through (d). For
surface coating operations, the relevant requirements are specified in
Sec.  63.11173(e) through (g).
    (3) The date of the Notification of Compliance Status.
    (4) If you are the owner or operator of an existing affected paint
stripping source that annually uses more than one ton of MeCl, you must
submit a statement certifying that you have developed and are
implementing a written MeCl minimization plan in accordance with Sec.
63.11173(b).

Sec.  63.11176  What reports must I submit?

    (a) Annual Notification of Changes Report. If you are the owner or
operator of a paint stripping, motor vehicle or mobile equipment, or
miscellaneous surface coating affected source, you are required to
submit a report in each calendar year in which information previously
submitted in either the initial notification required by Sec.
63.11175(a), Notification of Compliance, or a previous annual
notification of changes report submitted under this paragraph, has
changed. Deviations from the relevant requirements in Sec.  63.11173(a)
through (d) or Sec.  63.11173(e) through (g) on the date of the report
will be deemed to be a change. This includes notification when paint
stripping affected sources that have not developed and implemented a
written MeCl minimization plan in accordance with Sec.  63.11173(b)
used more than one ton of MeCl in the previous calendar year. The
annual notification of changes report must be submitted prior to March
1 of each calendar year when reportable changes have occurred and must
include the information specified in paragraphs (a)(1) through (2) of
this section.
    (1) Your company's name and the street address (physical location)
of the affected source and the street address where compliance records
are maintained, if different.
    (2) The name, title, address, telephone, e-mail address (if
available) and signature of the owner and operator, or other certifying
company official, certifying the truth, accuracy, and completeness of
the notification and a statement of whether the source has complied
with all the relevant standards and other requirements of this subpart
or an explanation of any noncompliance and a description of corrective
actions being taken to achieve compliance.
    (b) If you are the owner or operator of a paint stripping affected
source that has

not developed and implemented a written MeCl minimization plan in
accordance with Sec.  63.11173(b) of this subpart, you must submit a
report for any calendar year in which you use more than one ton of
MeCl. This report must be submitted no later than March 1 of the
following calendar year. You must also develop and implement a written
MeCl minimization plan in accordance with Sec.  63.11173(b) no later
than December 31. You must then submit a Notification of Compliance
Status report containing the information specified in Sec.  63.11175(b)
by March 1 of the following year and comply with the requirements for
paint stripping operations that annually use more than one ton of MeCl
in Sec. Sec.  63.11173(d) and 63.11177(f).

Sec.  63.11177  What records must I keep?

    If you are the owner or operator of a surface coating operation,
you must keep the records specified in paragraphs (a) through (d) and
(g) of this section. If you are the owner or operator of a paint
stripping operation, you must keep the records specified in paragraphs
(e) through (g) of this section, as applicable.
    (a) Certification that each painter has completed the training
specified in Sec.  63.11173(f) with the date the initial training and
the most recent refresher training was completed.
    (b) Documentation of the filter efficiency of any spray booth
exhaust filter material, according to the procedure in Sec.
63.11173(e)(3)(i).
    (c) Documentation from the spray gun manufacturer that each spray
gun with a cup capacity equal to or greater than 3.0 fluid ounces (89
cc) that does not meet the definition of an HVLP spray gun,
electrostatic application, airless spray gun, or air assisted airless
spray gun, has been determined by the Administrator to achieve a
transfer efficiency equivalent to that of an HVLP spray gun, according
to the procedure in Sec.  63.11173(e)(4).
    (d) Copies of any notification submitted as required by Sec.
63.11175 and copies of any report submitted as required by Sec.
63.11176.
    (e) Records of paint strippers containing MeCl used for paint
stripping operations, including the MeCl content of the paint stripper
used. Documentation needs to be sufficient to verify annual usage of
paint strippers containing MeCl (e.g., material safety data sheets or
other documentation provided by the manufacturer or supplier of the
paint stripper, purchase receipts, records of paint stripper usage,
engineering calculations).
    (f) If you are a paint stripping source that annually uses more
than one ton of MeCl you are required to maintain a record of your
current MeCl minimization plan on site for the duration of your paint
stripping operations. You must also keep records of your annual review
of, and updates to, your MeCl minimization plan.
    (g) Records of any deviation from the requirements in Sec. Sec.
63.11173, 63.11174, 63.11175, or 63.11176. These records must include
the date and time period of the deviation, and a description of the
nature of the deviation and the actions taken to correct the deviation.
    (h) Records of any assessments of source compliance performed in
support of the initial notification, notification of compliance status,
or annual notification of changes report.

Sec.  63.11178  In what form and for how long must I keep my records?

    (a) If you are the owner or operator of an affected source, you
must maintain copies of the records specified in Sec.  63.11177 for a
period of at least five years after the date of each record. Copies of
records must be kept on site and in a printed or electronic form that
is readily accessible for inspection for at least the first two years
after their date, and may be kept off-site after that two year period.

Other Requirements and Information

Sec.  63.11179  Who implements and enforces this subpart?

    (a) This subpart can be implemented and enforced by us, the U.S.
Environmental Protection Agency (EPA), or a delegated authority such as
your State, local, or tribal agency. If the Administrator has delegated
authority to your State, local, or tribal agency, then that agency (as
well as the EPA) has the authority to implement and enforce this
subpart. You should contact your EPA Regional Office to find out if
implementation and enforcement of this subpart is delegated to your
State, local, or tribal agency.
    (b) In delegating implementation and enforcement authority of this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator and are not transferred to the State,
local, or tribal agency.
    (c) The authority in Sec.  63.11173(e)(5) will not be delegated to
State, local, or tribal agencies.

Sec.  63.11180  What definitions do I need to know?

    Terms used in this subpart are defined in the Clean Air Act, in 40
CFR 63.2, and in this section as follows:
    Additive means a material that is added to a coating after purchase
from a supplier (e.g., catalysts, activators, accelerators).
    Administrator means, for the purposes of this rulemaking, the
Administrator of the U.S. Environmental Protection Agency or the State
or local agency that is granted delegation for implementation of this
subpart.
    Aerospace vehicle or component means any fabricated part, processed
part, assembly of parts, or completed unit, with the exception of
electronic components, of any aircraft including but not limited to
airplanes, helicopters, missiles, rockets, and space vehicles.
    Airless and air-assisted airless spray mean any paint spray
technology that relies solely on the fluid pressure of the paint to
create an atomized paint spray pattern and does not apply any atomizing
compressed air to the paint before it leaves the paint nozzle. Air-
assisted airless spray uses compressed air to shape and distribute the
fan of atomized paint, but still uses fluid pressure to create the
atomized paint.
    Appurtenance means any accessory to a stationary structure coated
at the site of installation, whether installed or detached, including
but not limited to: bathroom and kitchen fixtures; cabinets; concrete
forms; doors; elevators; fences; hand railings; heating equipment, air
conditioning equipment, and other fixed mechanical equipment or
stationary tools; lamp posts; partitions; pipes and piping systems;
rain gutters and downspouts; stairways, fixed ladders, catwalks, and
fire escapes; and window screens.
    Architectural coating means a coating to be applied to stationary
structures or their appurtenances at the site of installation, to
portable buildings at the site of installation, to pavements, or to
curbs.
    Cleaning material means a solvent used to remove contaminants and
other materials, such as dirt, grease, or oil, from a substrate before
or after coating application or from equipment associated with a
coating operation, such as spray booths, spray guns, racks, tanks, and
hangers. Thus, it includes any cleaning material used on substrates or
equipment or both.
    Coating means, for the purposes of this subpart, a material spray-
applied to a substrate for decorative, protective, or functional
purposes. For the purposes of this subpart, coating does not include
the following materials:
    (1) Decorative, protective, or functional materials that consist
only of protective oils for metal, acids, bases, or any combination of
these substances.

    (2) Paper film or plastic film that may be pre-coated with an
adhesive by the film manufacturer.
    (3) Adhesives, sealants, maskants, or caulking materials.
    (4) Temporary protective coatings, lubricants, or surface
preparation materials.
    (5) In-mold coatings that are spray-applied in the manufacture of
reinforced plastic composite parts.
    Compliance date means the date by which you must comply with this
subpart.
    Deviation means any instance in which an affected source, subject
to this subpart, or an owner or operator of such a source fails to meet
any requirement or obligation established by this subpart.
    Dry media blasting means abrasive blasting using dry media. Dry
media blasting relies on impact and abrasion to remove paint from a
substrate. Typically, a compressed air stream is used to propel the
media against the coated surface.
    Electrostatic application means any method of coating application
where an electrostatic attraction is created between the part to be
coated and the atomized paint particles.
    Equipment cleaning means the use of an organic solvent to remove
coating residue from the surfaces of paint spray guns and other
painting related equipment, including, but not limited to stir sticks,
paint cups, brushes, and spray booths.
    Facility maintenance means, for the purposes of this subpart,
surface coating performed as part of the routine repair or renovation
of the tools, equipment, machinery, and structures that comprise the
infrastructure of the affected facility and that are necessary for the
facility to function in its intended capacity. Facility maintenance
also includes surface coating associated with the installation of new
equipment or structures, and the application of any surface coating as
part of janitorial activities. Facility maintenance includes the
application of coatings to stationary structures or their appurtenances
at the site of installation, to portable buildings at the site of
installation, to pavements, or to curbs. Facility maintenance also
includes the refinishing of mobile equipment in the field or at the
site where they are used in service and at which they are intended to
remain indefinitely after refinishing. Such mobile equipment includes,
but is not limited to, farm equipment and mining equipment for which it
is not practical or feasible to move to a dedicated mobile equipment
refinishing facility. Such mobile equipment also includes items, such
as fork trucks, that are used in a manufacturing facility and which are
refinished in that same facility. Facility maintenance does not include
surface coating of motor vehicles, mobile equipment, or items that
routinely leave and return to the facility, such as delivery trucks,
rental equipment, or containers used to transport, deliver, distribute,
or dispense commercial products to customers, such as compressed gas
canisters.
    High-volume, low-pressure (HVLP) spray equipment means spray
equipment that is permanently labeled as such and used to apply any
coating by means of a spray gun which is designed and operated between
0.1 and 10 pounds per square inch gauge (psig) air atomizing pressure
measured dynamically at the center of the air cap and at the air horns.
    Initial startup means the first time equipment is brought online in
a paint stripping or surface coating operation, and paint stripping or
surface coating is first performed.
    Materials that contain HAP or HAP-containing materials mean, for
the purposes of this subpart, materials that contain 0.1 percent or
more by mass of any individual HAP that is an OSHA-defined carcinogen
as specified in 29 CFR 1910.1200(d)(4), or 1.0 percent or more by mass
for any other individual HAP.
    Military munitions means all ammunition products and components
produced or used by or for the U.S. Department of Defense (DoD) or for
the U.S. Armed Services for national defense and security, including
military munitions under the control of the Department of Defense, the
U.S. Coast Guard, the National Nuclear Security Administration (NNSA),
U.S. Department of Energy (DOE), and National Guard personnel. The term
military munitions includes: confined gaseous, liquid, and solid
propellants, explosives, pyrotechnics, chemical and riot control
agents, smokes, and incendiaries used by DoD components, including bulk
explosives and chemical warfare agents, chemical munitions, biological
weapons, rockets, guided and ballistic missiles, bombs, warheads,
mortar rounds, artillery ammunition, small arms ammunition, grenades,
mines, torpedoes, depth charges, cluster munitions and dispensers,
demolition charges, nonnuclear components of nuclear weapons, wholly
inert ammunition products, and all devices and components of any items
listed in this definition.
    Miscellaneous parts and/or products means any part or product made
of metal or plastic, or combinations of metal and plastic.
Miscellaneous parts and/or products include, but are not limited to,
metal and plastic components of the following types of products as well
as the products themselves: motor vehicle parts and accessories for
automobiles, trucks, recreational vehicles; automobiles and light duty
trucks at automobile and light duty truck assembly plants; boats;
sporting and recreational goods; toys; business machines; laboratory
and medical equipment; and household and other consumer products.
    Miscellaneous surface coating operation means the collection of
equipment used to apply surface coating to miscellaneous parts and/or
products made of metal or plastic, including applying cleaning solvents
to prepare the surface before coating application, mixing coatings
before application, applying coating to a surface, drying or curing the
coating after application, and cleaning coating application equipment,
but not plating. A single surface coating operation may include any
combination of these types of equipment, but always includes at least
the point at which a coating material is applied to a given part. A
surface coating operation includes all other steps (such as surface
preparation with solvent and equipment cleaning) in the affected source
where HAP are emitted from the coating of a part. The use of solvent to
clean parts (for example, to remove grease during a mechanical repair)
does not constitute a miscellaneous surface coating operation if no
coatings are applied. A single affected source may have multiple
surface coating operations. Surface coatings applied to wood, leather,
rubber, ceramics, stone, masonry, or substrates other than metal and
plastic are not considered miscellaneous surface coating operations for
the purposes of this subpart.
    Mobile equipment means any device that may be drawn and/or driven
on a roadway including, but not limited to, heavy-duty trucks, truck
trailers, fleet delivery trucks, buses, mobile cranes, bulldozers,
street cleaners, agriculture equipment, motor homes, and other
recreational vehicles (including camping trailers and fifth wheels).
    Motor vehicle means any self-propelled vehicle, including, but not
limited to, automobiles, light duty trucks, golf carts, vans, and
motorcycles.
    Motor vehicle and mobile equipment surface coating means the spray
application of coatings to assembled motor vehicles or mobile
equipment. For the purposes of this subpart, it does not include the
surface coating of motor vehicle or mobile equipment parts or

subassemblies at a vehicle assembly plant or parts manufacturing plant.
    Non-HAP solvent means, for the purposes of this subpart, a solvent
(including thinners and cleaning solvents) that contains less than 0.1
percent by mass of any individual HAP that is an OSHA-defined
carcinogen as specified in 29 CFR 1910.1200(d)(4) and less than 1.0
percent by mass for any other individual HAP.
    Paint stripping and/or miscellaneous surface coating source or
facility means any shop, business, location, or parcel of land where
paint stripping or miscellaneous surface coating operations are
conducted.
    Paint stripping means the removal of dried coatings from wood,
metal, plastic, and other substrates. A single affected source may have
multiple paint stripping operations.
    Painter means any person who spray applies coating.
    Plastic refers to substrates containing one or more resins and may
be solid, porous, flexible, or rigid. Plastics include fiber reinforced
plastic composites.
    Protective oil means organic material that is applied to metal for
the purpose of providing lubrication or protection from corrosion
without forming a solid film. This definition of protective oil
includes, but is not limited to, lubricating oils, evaporative oils
(including those that evaporate completely), and extrusion oils.
    Quality control activities means surface coating or paint stripping
activities that meet all of the following criteria:
    (1) The activities associated with a surface coating or paint
stripping operation are intended to detect and correct defects in the
final product by selecting a limited number of samples from the
operation, and comparing the samples against specific performance
criteria.
    (2) The activities do not include the production of an intermediate
or final product for sale or exchange for commercial profit; for
example, parts that are surface coated or stripped are not sold and do
not leave the facility.
    (3) The activities are not a normal part of the surface coating or
paint stripping operation; for example, they do not include color
matching activities performed during a motor vehicle collision repair.
    (4) The activities do not involve surface coating or stripping of
the tools, equipment, machinery, and structures that comprise the
infrastructure of the affected facility and that are necessary for the
facility to function in its intended capacity; that is, the activities
are not facility maintenance.
    Research and laboratory activities means surface coating or paint
stripping activities that meet one of the following criteria:
    (1) Conducted at a laboratory to analyze air, soil, water, waste,
or product samples for contaminants, or environmental impact.
    (2) Activities conducted to test more efficient production
processes, including alternative paint stripping or surface coating
materials or application methods, or methods for preventing or reducing
adverse environmental impacts, provided that the activities do not
include the production of an intermediate or final product for sale or
exchange for commercial profit.
    (3) Activities conducted at a research or laboratory facility that
is operated under the close supervision of technically trained
personnel, the primary purpose of which is to conduct research and
development into new processes and products and that is not engaged in
the manufacture of products for sale or exchange for commercial profit.
    Solvent means a fluid containing organic compounds used to perform
paint stripping, surface prep, or cleaning of surface coating
equipment.
    Space Vehicle means vehicles designed to travel beyond the limit of
the earth's atmosphere, including but not limited to satellites, space
stations, and the Space Shuttle System (including orbiter, external
tanks, and solid rocket boosters).
    Spray-applied coating operations means coatings that are applied
using a hand-held device that creates an atomized mist of coating and
deposits the coating on a substrate. For the purposes of this subpart,
spray-applied coatings do not include the following materials or
activities:
    (1) Coatings applied from a hand-held device with a paint cup
capacity that is equal to or less than 3.0 fluid ounces (89 cubic
centimeters).
    (2) Surface coating application using powder coating, hand-held,
non-refillable aerosol containers, or non-atomizing application
technology, including, but not limited to, paint brushes, rollers, hand
wiping, flow coating, dip coating, electrodeposition coating, web
coating, coil coating, touch-up markers, or marking pens.
    (3) Thermal spray operations (also known as metallizing, flame
spray, plasma arc spray, and electric arc spray, among other names) in
which solid metallic or non-metallic material is heated to a molten or
semi-molten state and propelled to the work piece or substrate by
compressed air or other gas, where a bond is produced upon impact.
    Surface preparation or Surface prep means use of a cleaning
material on a portion of or all of a substrate prior to the application
of a coating.
    Target HAP are compounds of chromium (Cr), lead (Pb), manganese
(Mn), nickel (Ni), or cadmium (Cd).
    Target HAP containing coating means a spray-applied coating that
contains any individual target HAP that is an Occupational Safety and
Health Administration (OSHA)-defined carcinogen as specified in 29 CFR
1910.1200(d)(4) at a concentration greater than 0.1 percent by mass, or
greater than 1.0 percent by mass for any other individual target HAP
compound. For the purpose of determining whether materials you use
contain the target HAP compounds, you may rely on formulation data
provided by the manufacturer or supplier, such as the material safety
data sheet (MSDS), as long as it represents each target HAP compound in
the material that is present at 0.1 percent by mass or more for OSHA-
defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0
percent by mass or more for other target HAP compounds.
    Transfer efficiency means the amount of coating solids adhering to
the object being coated divided by the total amount of coating solids
sprayed, expressed as a percentage. Coating solids means the
nonvolatile portion of the coating that makes up the dry film.
    Truck bed liner coating means any coating, excluding color coats,
labeled and formulated for application to a truck bed to protect it
from surface abrasion.

     Table 1 to Subpart HHHHHH of Part 63.--Applicability of General Provisions to Subpart HHHHHH of Part 63
----------------------------------------------------------------------------------------------------------------
                                                                Applicable to subpart
              Citation                       Subject                    HHHHHH                  Explanation
----------------------------------------------------------------------------------------------------------------
Sec.   63.1(a)(1)-(12).............  General Applicability.  Yes........................
Sec.   63.1(b)(1)-(3)..............  Initial Applicability   Yes........................  Applicability of
                                      Determination.                                       subpart HHHHHH is
                                                                                also specified in
                                                                                Sec.   63.11170.
Sec.   63.1(c)(1)..................  Applicability After     Yes........................
                                      Standard Established.
Sec.   63.1(c)(2)..................  Applicability of        Yes........................  (63.11174(b) of
                                      Permit Program for                                   Subpart HHHHHH
                                      Area Sources.                                        exempts area sources
                                                                                from the obligation
                                                                                to obtain Title V
                                                                                operating permits.
Sec.   63.1(c)(5)..................  Notifications.........  Yes........................
Sec.   63.1(e).....................  Applicability of        No.........................  (63.11174(b) of
                                      Permit Program to                                    Subpart HHHHHH
                                      Major Sources Before                                 exempts area sources
                                      Relevant Standard is                                 from the obligation
                                      Set.                                                 to obtain Title V
                                                                                operating permits.
Sec.   63.2........................  Definitions...........  Yes........................  Additional definitions
                                                                                are specified in Sec.
                                                                                63.11180.
Sec.   63.3(a)-(c).................  Units and               Yes........................
                                      Abbreviations.
Sec.   63.4(a)(1)-(5)..............  Prohibited Activities.  Yes........................
Sec.   63.4(b)-(c).................  Circumvention/          Yes........................
                                      Fragmentation.
Sec.   63.5........................  Construction/           No.........................  Subpart HHHHHH applies
                                      Reconstruction of                                    only to area sources.
                                      major sources.
Sec.   63.6(a).....................  Compliance With         Yes........................
                                      Standards and
                                      Maintenance
                                      Requirements--Applica
                                      bility.
Sec.   63.6(b)(1)-(7)..............  Compliance Dates for    Yes........................  Sec.   63.11172
                                      New and Reconstructed                                specifies the
                                      Sources.                                             compliance dates.
Sec.   63.6(c)(1)-(5)..............  Compliance Dates for    Yes........................  Sec.   63.11172
                                      Existing Sources.                                    specifies the
                                                                                compliance dates.
Sec.   63.6(e)(1)-(2)..............  Operation and           Yes........................
                                      Maintenance.
Sec.   63.6(e)(3)..................  Startup, Shutdown, and  No.........................  No startup, shutdown,
                                      Malfunction Plan.                                    and malfunction plan
                                                                                is required by
                                                                                subpart HHHHHH.
Sec.   63.6(f)(1)..................  Compliance Except       Yes........................
                                      During Startup,
                                      Shutdown, and
                                      Malfunction.
Sec.   63.6(f)(2)-(3)..............  Methods for             Yes........................
                                      Determining
                                      Compliance.
Sec.   63.6(g)(1)-(3)..............  Use of an Alternative   Yes........................
                                      Standard.
Sec.   63.6(h).....................  Compliance With         No.........................  Subpart HHHHHH does
                                      Opacity/Visible                                      not establish opacity
                                      Emission Standards.                                  or visible emission
                                                                                standards.
Sec.   63.6(i)(1)-(16).............  Extension of            Yes........................
                                      Compliance.
Sec.   63.6(j).....................  Presidential            Yes........................
                                      Compliance Exemption.
Sec.   63.7........................  Performance Testing     No.........................  No performance testing
                                      Requirements.                                        is required by
                                                                                subpart HHHHHH.
Sec.   63.8........................  Monitoring              No.........................  Subpart HHHHHH does
                                      Requirements.                                        not require the use
                                                                                of continuous
                                                                                monitoring systems.
Sec.   63.9(a)-(d).................  Notification            Yes........................  Sec.   63.11175
                                      Requirements.                                        specifies
                                                                                notification
                                                                                requirements.
Sec.   63.9(e).....................  Notification of         No.........................  Subpart HHHHHH does
                                      Performance Test.                                    not require
                                                                                performance tests.
Sec.   63.9(f).....................  Notification of         No.........................  Subpart HHHHHH does
                                      Visible Emissions/                                   not have opacity or
                                      Opacity Test.                                        visible emission
                                                                                standards.
Sec.   63.9(g).....................  Additional              No.........................  Subpart HHHHHH does
                                      Notifications When                                   not require the use
                                      Using CMS.                                           of continuous
                                                                                monitoring systems.
Sec.   63.9(h).....................  Notification of         No.........................  Sec.   63.11175
                                      Compliance Status.                                   specifies the dates
                                                                                and required content
                                                                                for submitting the
                                                                                notification of
                                                                                compliance status.
Sec.   63.9(i).....................  Adjustment of           Yes........................
                                      Submittal Deadlines.
Sec.   63.9(j).....................  Change in Previous      Yes........................  Sec.   63.11176(a)
                                      Information.                                         specifies the dates
                                                                                for submitting the
                                                                                notification of
                                                                                changes report.
Sec.   63.10(a)....................  Recordkeeping/          Yes........................
                                      Reporting--Applicabil
                                      ity and General
                                      Information.
Sec.   63.10(b)(1).................  General Recordkeeping   Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                specified in Sec.
                                                                                63.11177.
Sec.   63.10(b)(2)(i)-(xi).........  Recordkeeping Relevant  No.........................  Subpart HHHHHH does
                                      to Startup, Shutdown,                                not require startup,
                                      and Malfunction                                      shutdown, and
                                      Periods and CMS.                                     malfunction plans, or
                                                                                CMS.
Sec.   63.10(b)(2)(xii)............  Waiver of               Yes........................
                                      recordkeeping
                                      requirements.
Sec.   63.10(b)(2)(xiii)...........  Alternatives to the     No.........................  Subpart HHHHHH does
                                      relative accuracy                                    not require the use
                                      test.                                                of CEMS.
Sec.   63.10(b)(2)(xiv)............  Records supporting      Yes........................
                                      notifications.

Sec.   63.10(b)(3).................  Recordkeeping           Yes........................  ......................
                                      Requirements for
                                      Applicability
                                      Determinations.
Sec.   63.10(c)....................  Additional              No.........................  Subpart HHHHHH does
                                      Recordkeeping                                        not require the use
                                      Requirements for                                     of CMS.
                                      Sources with CMS.
Sec.   63.10(d)(1).................  General Reporting       Yes........................  Additional
                                      Requirements.                                        requirements are
                                                                                specified in Sec.
                                                                                63.11176.
Sec.   63.10(d)(2)-(3).............  Report of Performance   No.........................  Subpart HHHHHH does
                                      Test Results, and                                    not require
                                      Opacity or Visible                                   performance tests, or
                                      Emissions                                            opacity or visible
                                      Observations.                                        emissions
                                                                                observations.
Sec.   63.10(d)(4).................  Progress Reports for    Yes........................
                                      Sources With
                                      Compliance Extensions.
Sec.   63.10(d)(5).................  Startup, Shutdown, and  No.........................  Subpart HHHHHH does
                                      Malfunction Reports.                                 not require startup,
                                                                                shutdown, and
                                                                                malfunction reports.
Sec.   63.10(e)....................  Additional Reporting    No.........................  Subpart HHHHHH does
                                      requirements for                                     not require the use
                                      Sources with CMS.                                    of CMS.
Sec.   63.10(f)....................  Recordkeeping/          Yes........................
                                      Reporting Waiver.
Sec.   63.11.......................  Control Device          No.........................  Subpart HHHHHH does
                                      Requirements/Flares.                                 not require the use
                                                                                of flares.
Sec.   63.12.......................  State Authority and     Yes........................
                                      Delegations.
Sec.   63.13.......................  Addresses of State Air  Yes........................
                                      Pollution Control
                                      Agencies and EPA
                                      Regional Offices.
Sec.   63.14.......................  Incorporation by        Yes........................  Test methods for
                                      Reference.                                           measuring paint booth
                                                                                filter efficiency and
                                                                                spray gun transfer
                                                                                efficiency in Sec.
                                                                                63.11173(e)(2) and
                                                                                (3) are incorporated
                                                                                and included in Sec.
                                                                                63.14.
Sec.   63.15.......................  Availability of         Yes........................
                                      Information/
                                      Confidentiality.
Sec.   63.16(a)....................  Performance Track       Yes........................
                                      Provisions--reduced
                                      reporting.
Sec.   63.16(b)-(c)................  Performance Track       No.........................  Subpart HHHHHH does
                                      Provisions--reduced                                  not establish
                                      reporting.                                           numerical emission
                                                                                limits.
----------------------------------------------------------------------------------------------------------------

[FR Doc. E7-24718 Filed 1-8-08; 8:45 am]

BILLING CODE 6560-50-P