[Federal Register Volume 87, Number 217 (Thursday, November 10, 2022)]
[Rules and Regulations]
[Pages 67791-67807]
[FR Doc No: 2022-24129]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[EPA-HQ-OAR-2021-0016; FRL-8339-02-OAR]
RIN 2060-AV34

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This action finalizes the technology review conducted for the
paint stripping and miscellaneous surface coating operations area
source categories regulated under national emission standards for
hazardous air pollutants (NESHAP). These final amendments also address
provisions regarding electronic reporting; make miscellaneous
clarifying and technical corrections; simplify the petition for
exemption process; and clarify requirements for emissions during
periods of startup, shutdown, and malfunction (SSM). We are making no
revisions to the numerical emission limits based on the technology
review.

DATES: This final rule is effective on November 10, 2022. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of November 10,
2022.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2021-0016. All documents in the docket are listed on the https://www.regulations.gov/ website. Although listed, some information is not
publicly available, e.g., Confidential Business Information or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through
https://www.regulations.gov/, or in hard copy at the EPA Docket Center,
WJC West Building, Room Number 3334, 1301 Constitution Ave. NW,
Washington, DC. The Public Reading Room hours of operation are 8:30
a.m. to 4:30 p.m. Eastern Standard Time (EST), Monday through Friday.
The telephone number for the Public Reading Room is<PHONE_NUMBER>, and
the telephone number for the EPA Docket Center is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For questions about this final action,
contact Lisa Sutton, Sector Policies and Programs Division (D243-04),
Office of Air Quality Planning and Standards, U.S. Environmental
Protection Agency, Research Triangle Park, North Carolina 27711;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; and email
address: [email protected].

SUPPLEMENTARY INFORMATION:
    Preamble acronyms and abbreviations. Throughout this document the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We
use multiple acronyms and terms in this preamble. While this list may
not be exhaustive, to ease the reading of this preamble and for
reference purposes, the EPA defines the following terms and acronyms
here:

ASHRAE American Society of Heating, Refrigerating, and Air-
Conditioning Engineers
CAA Clean Air Act
CDX Central Data Exchange
CEDRI Compliance and Emissions Data Reporting Interface
CFR Code of Federal Regulations

EPA Environmental Protection Agency
FR Federal Register
GACT generally available control technology
HAP hazardous air pollutant(s)
HVLP high-volume, low-pressure
IBR incorporation by reference
km kilometer
MACT maximum achievable control technology
MeCl methylene chloride
NESHAP national emission standards for hazardous air pollutants
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
OSHA Occupational Safety and Health Administration
PDF portable document format
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SSM startup, shutdown, and malfunction
the court United States Court of Appeals for the District of
Columbia Circuit
UMRA Unfunded Mandates Reform Act
U.S.C. United States Code

    Background information. On November 19, 2021, the EPA proposed
revisions to the Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources NESHAP based on our technology review (86 FR
66130). In this action, we are finalizing decisions and revisions for
the rule. We summarize some of the more significant comments we timely
received regarding the proposed rule and provide our responses in this
preamble. A summary of all other public comments on the proposal and
the EPA's responses to those comments is available in Summary of Public
Comments and Responses for the Final Area Source Surface Coating and
Paint Stripping Rule, Docket ID No. EPA-HQ-OAR-2021-0016. A ``track
changes'' version of the regulatory language that incorporates the
changes in this action is available in the docket.
    Organization of this document. The information in this preamble is
organized as follows:

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority for this action?
    B. What are the Paint Stripping and Miscellaneous Surface
Coating Operations at Area Sources source categories and how does
the NESHAP regulate HAP emissions from the source categories?
    C. What changes did we propose for the Paint Stripping and
Miscellaneous Surface Coating Operations at Area Sources source
categories in our November 19, 2021, technology review?
III. What is included in this final rule?
    A. What are the final rule amendments based on the technology
review for the Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources source categories?
    B. What are the final rule amendments addressing emissions
during periods of startup, shutdown, and malfunction?
    C. What other changes have been made to the NESHAP?
    D. What are the effective and compliance dates of the standards?
IV. What is the rationale for our final decisions and amendments for
the Paint Stripping and Miscellaneous Surface Coating Operations at
Area Sources source categories?
    A. Technology Review for the Paint Stripping and Miscellaneous
Surface Coating Operations at Area Sources Source Categories
    B. Electronic Reporting
    C. SSM Provisions
    D. Petition for Exemption
V. Summary of Cost, Environmental, and Economic Impacts and
Additional Analyses Conducted
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
    F. What analysis of environmental justice did we conduct?
    G. What analysis of children's environmental health did we
conduct?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
    J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Regulated entities. Categories and entities potentially regulated
by this action are shown in Table 1 of this preamble.

                Table 1--NESHAP, Industrial, and Government Sources Affected by This Final Action
----------------------------------------------------------------------------------------------------------------
         NESHAP-regulated category                   NAICS code                   Regulated entities \a\
----------------------------------------------------------------------------------------------------------------
Aerospace Equipment.......................                        336413  Aircraft engines, aircraft parts,
                                                                  336414   aerospace ground equipment.
                                                                  336415
                                                                   54171
Automobiles and Automobile Parts..........                        335312  Engine parts, vehicle parts and
                                                                  336111   accessories, brakes, axles, etc.
                                                                  336211   Motor vehicle body manufacturing and
                                                                  336310   automobile assembly plants. New and
                                                                   33632   used car dealers. Automotive body,
                                                                   33633   paint, and interior repair and
                                                                           maintenance.
                                                                   33634
                                                                   33637
                                                                  336390
                                                                  441110
                                                                  441120
                                                                  811121
Chemical Manufacturing and Product                                325110  Petrochemicals, Industrial Gases,
 Preparation.                                                     325120   Inorganic Dyes and Pigments, Basic
                                                                  325130   Inorganic and Organic Chemicals,
                                                                  325180   Cyclic Crude and Intermediates, Ethyl
                                                                  325192   Alcohol, Miscellaneous Chemical
                                                                           Production and Preparation.

                                                                  325193
                                                                  325199
                                                                  325998
Extruded Aluminum.........................                        331318  Extruded aluminum, architectural
                                                                  331524   components, coils, rod, and tubes.
                                                                  332321
                                                                  332323
Government................................                Not Applicable  Government entities, besides
                                                                           Department of Defense, that maintain
                                                                           vehicles, such as school buses,
                                                                           police and emergency vehicles,
                                                                           transit buses, or highway maintenance
                                                                           vehicles.
Heavy Equipment...........................                         33312  Tractors, earth moving machinery.
                                                                  333611
                                                                  333618
Job Shops.................................                        332312  Manufacturing industries not elsewhere
                                                                  332722   classified (e.g., bezels, consoles,
                                                                  332813   panels, lenses).
                                                                  332991
                                                                  332999
                                                                  334118
                                                                  336413
                                                                  339999
Large Trucks and Buses....................                         33612  Large trucks and buses.
                                                                  336211
Metal Buildings...........................                        332311  Prefabricated metal buildings,
                                                                           carports, docks, dwellings,
                                                                           greenhouses, panels for buildings.
Metal Containers..........................                         33242  Drums, kegs, pails, shipping
                                                                   81131   containers.
                                                                  322219
                                                                  331513
                                                                  332439
Metal Pipe and Foundry....................                        331110  Plate, tube, rods, nails, etc.
                                                                  331513
                                                                   33121
                                                                  331221
                                                                  331511
Rail Transportation.......................                         33651  Brakes, engines, freight cars,
                                                                  482111   locomotives.
Recreational Vehicles and Other                                   321991  Mobile Homes. Motorcycles, motor
 Transportation Equipment.                                          3369   homes, semi-trailers, truck trailers.
                                                                  331318   Miscellaneous transportation related
                                                                  336991   equipment and parts. Travel trailer
                                                                  336211   and camper manufacturing.
                                                                  336112
                                                                  336212
                                                                  336213
                                                                  336214
                                                                  336390
                                                                  336999
                                                                   33635
                                                                   56121
                                                                    8111
                                                                   56211
Rubber-to- Metal Products.................                        326291  Engine mounts, rubberized tank tread,
                                                                  326299   harmonic balancers.
Structural Steel..........................                        332311  Joists, railway bridge sections,
                                                                  332312   highway bridge sections.
Waste Treatment, Disposal, and Materials                          562211  Hazardous Waste Treatment and
 Recovery.                                                        562212   Disposal, Solid Waste Landfill, Solid
                                                                  562213   Waste Combustors and Incinerators,
                                                                  562219   Other Nonhazardous Waste Treatment
                                                                  562920   and Disposal, Materials Recovery.
Other Industrial and Commercial...........                        211130  Natural Gas Liquid Extraction.
                                                                  311942  Spices and Extracts.
                                                                  331313  Alumina Refining.
                                                                  337214  Office furniture, except wood.
                                                                  811420   Reupholstery and Furniture Repair.
                                                                  325211  Plastics Material Synthetic Resins,
                                                                           and Nonvulcanizable Elastomers.
                                                                  325510  Paint and Coating Manufacturing.
                                                            32614, 32615  Plastic foam products (e.g., pool
                                                                           floats, wrestling mats, life
                                                                           jackets).

                                                                  326199  Plastic products not elsewhere
                                                                           classified (e.g., name plates, coin
                                                                           holders, storage boxes, license plate
                                                                           housings, cosmetic caps, cup
                                                                           holders).
                                                                  333316  Office machines.
                                                                   33422  Radio and television broadcasting and
                                                                           communications equipment (e.g.,
                                                                           cellular telephones).
                                                 339112, 339113, 339114,  Medical equipment and supplies.
                                                          339115, 339116
                                                                   33992  Sporting and athletic goods.
                                                                   33995  Signs and advertising specialties.
                                                          336611, 336612  Boat and ship building.
                                                                  713930  Marinas, including boat repair yards.
----------------------------------------------------------------------------------------------------------------
\a\ Regulated entities means area source facilities that use methylene chloride (MeCl)-containing paint
  strippers to strip paint from, or that apply surface coatings to, these parts or products.

    Table 1 of this preamble is not intended to be exhaustive, but
rather to provide a guide for readers regarding entities likely to be
affected by the final action for the source categories listed. To
determine whether your facility is affected, you should examine the
applicability criteria in the appropriate NESHAP. If you have any
questions regarding the applicability of any aspect of this NESHAP,
please contact the appropriate person listed in the preceding FOR
FURTHER INFORMATION CONTACT section of this preamble.

B. Where can I get a copy of this document and other related
information?

    In addition to being available in the docket, an electronic copy of
this final action will also be available on the internet. Following
signature by the EPA Administrator, the EPA will post a copy of this
final action at: https://www.epa.gov/stationary-sources-air-pollution/paint-stripping-and-miscellaneous-surface-coating-operations. Following
publication in the Federal Register, the EPA will post the Federal
Register version and key technical documents at this same website.

C. Judicial Review and Administrative Reconsideration

    Under Clean Air Act (CAA) section 307(b)(1), judicial review of
this final action is available only by filing a petition for review in
the United States Court of Appeals for the District of Columbia Circuit
(the court) by January 9, 2023. Under CAA section 307(b)(2), the
requirements established by this final rule may not be challenged
separately in any civil or criminal proceedings brought by the EPA to
enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review. This section also
provides a mechanism for the EPA to reconsider the rule if the person
raising an objection can demonstrate to the Administrator that it was
impracticable to raise such objection within the period for public
comment or if the grounds for such objection arose after the period for
public comment (but within the time specified for judicial review) and
if such objection is of central relevance to the outcome of the rule.
Any person seeking to make such a demonstration should submit a
Petition for Reconsideration to the Office of the Administrator, U.S.
EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, with a copy to both the person(s) listed in the
preceding FOR FURTHER INFORMATION CONTACT section, and the Associate
General Counsel for the Air and Radiation Law Office, Office of General
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW,
Washington, DC 20460.

II. Background

A. What is the statutory authority for this action?

    The statutory authority for this action is provided by sections 112
and 301 of the CAA, as amended (42 U.S.C. 7401 et seq.). Section
112(d)(6) requires the EPA to review standards promulgated under CAA
section 112(d) and revise them ``as necessary (taking into account
developments in practices, processes, and control technologies)'' no
less often than every 8 years following promulgation of those
standards. This is referred to as a ``technology review'' and is
required for all standards established under CAA section 112(d),
including generally available control technology (GACT) standards that
apply to area sources. This action constitutes the CAA section
112(d)(6) technology review for the Paint Stripping and Miscellaneous
Surface Coating Operations at Area Sources NESHAP.
    Several additional CAA sections are relevant to this action as they
specifically address regulation of hazardous air pollutant emissions
from area sources. Collectively, CAA sections 112(c)(3), (d)(5), and
(k)(3) are the basis of the Area Source Program under the Urban Air
Toxics Strategy, which provides the framework for regulation of area
sources under CAA section 112.
    Section 112(k)(3)(B) of the CAA required the EPA to identify at
least 30 HAP that posed the greatest potential health threat in urban
areas with a primary goal of achieving a 75 percent reduction in cancer
incidence attributable to HAP emitted from stationary sources. As
discussed in the Integrated Urban Air Toxics Strategy (64 FR 38706,
38715, July 19, 1999), the EPA identified 30 HAP emitted from area
sources that pose the greatest potential health threat in urban areas,
and these HAP are commonly referred to as the ``30 urban HAP.''
    Section 112(c)(3), in turn, required the EPA to list sufficient
categories or subcategories of area sources to ensure that area sources
representing 90 percent of the emissions of the 30 urban HAP were
subject to regulation. The EPA implemented these requirements through
the Integrated Urban Air Toxics Strategy by identifying and setting
standards for categories of area sources including the Paint Stripping
and Miscellaneous Surface Coating Operations at Area Sources source
categories that are addressed in this action.
    CAA section 112(d)(5) provides that, for area source categories, in
lieu of setting maximum achievable control technology (MACT) standards
(which are generally required for major source

categories), the EPA may elect to promulgate standards or requirements
for area sources ``which provide for the use of generally available
control technologies or management practices [GACT] by such sources to
reduce emissions of hazardous air pollutants.'' In developing such
standards, the EPA evaluates the control technologies and management
practices that reduce HAP emissions that are generally available for
each area source category. Consistent with the legislative history, we
can consider costs and economic impacts in determining what constitutes
GACT.
    GACT standards were set for the Paint Stripping and Miscellaneous
Surface Coating Operations at Area Sources source categories in 2008.
As noted earlier in this document, this final action presents the
required CAA 112(d)(6) technology review for those source categories.

B. What are the Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources source categories and how does the NESHAP
regulate HAP emissions from the source categories?

    The EPA promulgated the Paint Stripping and Miscellaneous Surface
Coating Operations at Area Sources NESHAP on January 9, 2008 (73 FR
1738). The standards are codified at 40 CFR part 63, subpart HHHHHH.
Technical corrections were promulgated on February 13, 2008 (73 FR
8408). The paint stripping and miscellaneous surface coating industry
consists of facilities engaged in paint stripping using MeCl, and/or
engaged in coating of miscellaneous parts and/or products made of metal
or plastic, or combinations of metal and plastic, or motor vehicle or
mobile equipment refinishing. The NESHAP's title refers to a single set
of emission standards that addresses three source categories: (1) Paint
Stripping; (2) Miscellaneous Surface Coating; and (3) Motor Vehicle and
Mobile Equipment Surface Coating. All facilities in this source
category are area sources. The source categories covered by the GACT
standards currently include approximately 40,000 facilities.
    The NESHAP defines a ``coating'' as 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. (40 CFR 63.11180.)
    The NESHAP does not apply to paint stripping or surface coating
operations that are specifically covered under another area source
NESHAP and does not apply to paint stripping or surface coating
operations that meet any of the following:
     Paint stripping or surface coating 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.
     Paint stripping or surface coating of military munitions
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.
     Paint stripping or surface coating performed by
individuals on their personal vehicles, possessions, or property,
either as a hobby or for maintenance of their personal vehicles,
possessions, or property. The NESHAP also does not apply when these
operations are performed by individuals for others without
compensation. However, 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.
     Paint stripping or surface coating for research and
laboratory activities, for quality control activities, or for
activities that are covered under another area source NESHAP.
    The primary HAP emitted from paint stripping operations is the MeCl
contained in paint stripper formulations. The primary source of the
MeCl emissions in the paint stripping source category comes from
evaporative losses during the use and storage of MeCl-containing paint
strippers.
    All sources conducting paint stripping involving the use of MeCl
must implement management practice standards that reduce emissions of
MeCl by minimizing evaporative losses of MeCl. In addition to the
management practices, sources that use more than one ton of MeCl per
year must develop and implement a MeCl minimization plan consisting of
a written plan with the criteria to evaluate the necessity of MeCl in
the stripping operations and management techniques to minimize MeCl
emissions when it is needed in the paint stripping operation.
    The MeCl minimization plan evaluation criteria specify only using a
MeCl-containing paint stripper when an alternative on-site stripping
method or material is incapable of accomplishing the work as determined
by the operator. Alternative methods to reduce MeCl usage may include:
(1) non- or low-MeCl-containing chemical strippers; (2) mechanical
stripping; (3) abrasive blasting (including dry or wet media); or (4)
thermal and cryogenic decomposition.
    The management practices required to be contained in the plan
include optimizing stripper application conditions, reducing exposure
of stripper to the air, and practicing proper storage and disposal of
materials containing MeCl. Sources are required to submit the plan to
the appropriate air authority, keep a written copy of the plan on site,
and post a placard or sign outlining the evaluation criteria and
management techniques in each area where MeCl-containing paint
stripping operations occur. They are also required to review the plan
annually and update it based on the experiences of the previous year or
the availability of new methods of stripping, and to keep a record of
the review and changes made to the plan on file. Sources must maintain
copies of the specified records for a period of at least 5 years after
the date of each record.
    The primary HAP emitted from surface coating operations are
compounds of cadmium, chromium, lead, manganese, and nickel from heavy
metals contained in coatings. The target HAP compounds are emitted as
the coatings are atomized during spray application. A substantial
fraction of coating that is atomized does not reach the part and
becomes what is termed ``overspray.'' The fraction that becomes
overspray depends on many variables, but two of the most important are
the type of spray equipment being used and the skill of the painter.
Some overspray lands on surfaces of the spray booth and the masking
paper that is usually placed around the surface being sprayed, but the
rest of the overspray is drawn into the spray booth exhaust system. If
the spray booth has filters, most of the overspray is captured by the
filters; otherwise, it is exhausted to the atmosphere.
    All motor vehicle and mobile equipment surface coating operations

and those miscellaneous surface coating operations that spray-apply
coatings containing the target HAP must apply the coatings with a high-
volume, low-pressure (HVLP) spray gun, electrostatic spray gun, airless
spray gun, air-assisted airless spray gun, or a spray gun demonstrated
to be equal in transfer efficiency to an HVLP spray gun. All spray-
applied coatings must be applied in a prep station or spray booth. For
motor vehicle and mobile equipment surface coating, prep stations and
spray booths that are large enough to hold a complete vehicle must have
four complete side walls or curtains and a complete roof. For motor
vehicle and mobile equipment subassemblies and for miscellaneous
surface coating, coatings must be spray-applied in a booth with a full
roof and at least three walls or side curtains. Openings are allowed in
the sidewalls and roof of booths used for miscellaneous surface coating
to allow for parts conveyors, if needed. The exhaust from the prep
station or spray booth must be fitted with filters demonstrated to
achieve at least 98 percent capture efficiency of paint overspray.
    Additionally, sources are required to demonstrate that (1) all
painters that spray-apply coatings are certified as having completed
operator training to improve coating transfer efficiency and minimize
overspray and (2) no spray gun cleaning is performed by spraying
solvent through the gun creating an atomized mist (i.e., spray guns
must be cleaned in an enclosed spray gun cleaner or by cleaning the
disassembled gun parts by hand). Each painter must be certified as
having completed classroom and hands-on training in the proper
selection, mixing, and application of coatings, and must complete
refresher training at least once every 5 years. The initial and
refresher training must address the following topics:
     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.
     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.
     Routine spray booth and filter maintenance, including
filter selection and installation.
     Environmental compliance with the requirements of this
subpart.
    Additional detail on the paint stripping and miscellaneous surface
coating operations at area sources source categories and NESHAP
requirements are provided in the proposal preamble (86 FR 66130,
November 19, 2021).

C. What changes did we propose for the Paint Stripping and
Miscellaneous Surface Coating Operations at Area Sources source
categories in our November 19, 2021, technology review?

    On November 19, 2021, the EPA published a proposed rule in the
Federal Register for the Paint Stripping and Miscellaneous Surface
Coating Operations at Area Sources NESHAP, 40 CFR part 63, subpart
HHHHHH, that took into consideration the technology review analyses.
Based on our technology review, we did not identify any cost-effective
developments in practices, processes, or control technologies for the
three source categories addressed by the NESHAP. We proposed to amend
electronic reporting provisions, simplify the petition for exemption
process, clarify requirements addressing emissions during periods of
SSM, and make miscellaneous clarifying and technical corrections.

III. What is included in this final rule?

    This action finalizes the EPA's determinations pursuant to the
technology review provisions of CAA section 112 for the three source
categories addressed by the Paint Stripping and Miscellaneous Surface
Coating Operations at Area Sources NESHAP. This action finalizes other
changes to the NESHAP, by adding electronic reporting provisions,
simplifying the petition for exemption process, clarifying requirements
for addressing emissions during periods of SSM, and making
miscellaneous clarifying and technical corrections.

A. What are the final rule amendments based on the technology review
for the Paint Stripping and Miscellaneous Surface Coating Operations at
Area Sources source categories?

    We determined that there are no developments in practices,
processes, and control technologies that warrant revisions to the GACT
standards for these source categories. Therefore, we are not amending
any emission standards pursuant to our review under CAA section
112(d)(6). We are, however, amending other provisions of the NESHAP, to
add requirements for electronic submission of reports, simplify the
petition for exemption process, clarify requirements addressing SSM,
and make miscellaneous clarifying and technical corrections.

B. What are the final rule amendments addressing emissions during
periods of startup, shutdown, and malfunction?

    We are finalizing the proposed amendments to the Area Source Paint
Stripping and Miscellaneous Surface Coating NESHAP to remove and revise
provisions related to SSM. In its 2008 decision in Sierra Club v. EPA,
551 F.3d 1019 (D.C. Cir. 2008), the United States Court of Appeals for
the District of Columbia Circuit vacated portions of two provisions in
the EPA's CAA section 112 regulations governing the emissions of HAP
during periods of SSM. Specifically, the court vacated the SSM
exemption contained in 40 CFR 63.6(f)(1) and 40 CFR 63.6(h)(1), holding
that under section 302(k) of the CAA, emissions standards or
limitations must be continuous in nature and that the SSM exemption
violates the CAA's requirement that some section 112 standards apply
continuously. With the issuance of the mandate in Sierra Club v. EPA,
40 CFR 63.6(f)(1) and (h)(1) are null and void. The EPA amended 40 CFR
63.6(f)(1) and (h)(1)) on March 11, 2021, to reflect the court order
and correct the CFR to remove the SSM exemption. We are eliminating any
cross-references to the vacated provisions in the regulatory language,
including Table 1 to subpart HHHHHH of part 63 (General Provisions
applicability table). We have also revised Table 1 to subpart HHHHHH of
part 63 in several respects as is explained in more detail here. For
example, we have eliminated the incorporation of the General
Provisions' requirement that a source develop an SSM plan. We have also
revised certain recordkeeping and reporting that is related to the SSM
exemption as described in detail in the proposed rule and summarized
again here. As detailed in section III.B.3 of the November 19, 2021,
proposal preamble, we are adding general duty regulatory text at 40 CFR
63.11173(h) that reflects the general duty to minimize emissions
without differentiating between normal operations, startup and
shutdown, and malfunction events in describing the general duty. We are
also revising 40 CFR 63.11173(h) to require that the standards apply at
all times, consistent with the court decision in Sierra Club v. EPA.
    In establishing the standards in this rule, the EPA has taken into
account startup and shutdown periods and, for the reasons explained
here, has not

established alternate standards for those periods. Startups and
shutdowns are part of normal operations for the paint stripping and
surface coating operations at area sources. Paint stripping and surface
coating operations inherently involve frequent startup and shutdown
while carrying out normal duties, and the emission standards were
developed to control emissions in these situations. We have no data
indicating that emissions are different during startup or shutdown than
during other normal operations. We have determined that facilities in
these source categories can meet the applicable emission standards in
this NESHAP at all times, including periods of startup and shutdown.
The legal rationale and detailed changes for SSM periods that we are
finalizing here are set forth in the November 19, 2021, preamble to the
proposed rule. See 86 FR 66141-42.
    Further, the EPA is not finalizing standards for malfunctions.
Periods of startup, normal operations, and shutdown are all predictable
and routine aspects of a source's operations. Malfunctions, in
contrast, are neither predictable nor routine. Instead, they are, by
definition, sudden, infrequent, and not reasonably preventable failures
of emissions control, process, or monitoring equipment. (40 CFR 63.2)
(Definition of malfunction). As discussed in section III.B.3 of the
November 19, 2021, proposal preamble, the EPA interprets CAA section
112 as not requiring emissions that occur during periods of malfunction
to be factored into development of CAA section 112 standards. This
reading has been upheld as reasonable by the court in U.S. Sugar Corp.
v. EPA, 830 F.3d 579, 606-610 (2016). For these source categories, it
is unlikely that a malfunction would result in a violation of the
standards, and no comments were submitted that would suggest otherwise.
Refer to section III.B.3 of the November 19, 2021, proposal preamble
for further discussion of the EPA's rationale for the decision not to
set standards for malfunctions, as well as a discussion of the actions
a facility could take in the unlikely event that a facility fails to
comply with the standards as a result of a malfunction event.

C. What other changes have been made to the NESHAP?

    These rules also finalize, as proposed, revisions to several other
NESHAP requirements. We describe the revisions that apply to all the
affected source categories in the following paragraphs.
1. Electronic Reporting Requirements
    The EPA is finalizing the proposal that owners and operators of
paint stripping and surface coating facilities submit electronic copies
of initial notifications required in 40 CFR 63.9(b) and 63.11175(a),
notifications of compliance status required in 40 CFR 63.9(h) and
63.11175(b), the annual notification of changes report required in 40
CFR 63.11176(a), and the report required in 40 CFR 63.11176(b) through
the EPA's Central Data Exchange (CDX) using the Compliance and
Emissions Data Reporting Interface (CEDRI). For further information
regarding the electronic data submission process, please refer to the
memorandum titled Electronic Reporting for New Source Performance
Standards (NSPS) and National Emission Standards for Hazardous Air
Pollutants (NESHAP) Rules, available in the docket for this action. No
specific form is necessary for the initial notifications required in 40
CFR 63.9(b) and 63.11175(a), notifications of compliance status
required in 40 CFR 63.9(h) and 63.11175(b), the annual notification of
changes report required in 40 CFR 63.11176(a), or the report required
in 40 CFR 63.11176(b). The notifications will be required to be
submitted via CEDRI in portable document format (PDF) files. More
information is available in the November 19, 2021, proposal preamble
(86 FR 66130).
2. Rule Clarifications and Other Changes
    We are making plain language clarifications and revisions to better
reflect regulatory intent. We also are making other changes, including
updating references to equivalent test methods, making technical and
editorial revisions, incorporation by reference (IBR) of alternative
test methods, and simplifying the petition for exemption process. Our
analyses and changes related to these issues are discussed in the
following sections.
a. Submarines and Tanks Applicability
    The EPA is clarifying in this preamble that the surface coating and
paint stripping occurring at area sources of certain types of military
equipment, such as military submarines (as opposed to those used for
scientific research, for example) and military tanks is potentially
subject to 40 CFR part 63, subpart HHHHHH, unless the surface coating
or paint stripping is 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. Surface coating of this type of military equipment at
original equipment manufacturers or offsite at a contractor's facility
is not covered by the provisions in 40 CFR 63.11169(d)(1) and is
subject to the requirements of 40 CFR part 63, subpart HHHHHH.
b. Coating HAP Content Definition
    The EPA is amending the definition of ``target HAP containing
coating'' in 40 CFR 63.11180 to clarify that compliance with the
definition is based on the HAP content of the coating as applied, not
on the HAP content of the coating components as purchased from the
coating supplier.
c. Spray Gun Cup Liners
    The EPA is amending the definition of ``spray-applied coating
operations'' in 40 CFR 63.11180 to clarify that the allowance to use
spray guns outside of a spray booth is based on the volume of the spray
gun paint cup liner and not the volume of the paint cup, in those spray
guns that use a disposable cup liner.
d. Circumvention of Paint Cup Capacity Intent
    The EPA is also amending the definition of ``spray-applied coating
operations'' in 40 CFR 63.11180 to clarify that repeatedly refilling
and reusing a 3.0 fluid ounce cup or cup liner or using multiple 3.0
fluid ounce cup liners to complete a single spray-applied coating
operation as a means of avoiding rule applicability will be considered
an attempt to circumvent the requirements of subpart HHHHHH. The EPA
accordingly reserves the right to bring enforcement actions against any
person whose action equates to rule circumvention.
e. OSHA Carcinogenic Content
    The EPA is removing references to Occupational Safety and Health
Administration (OSHA)-defined carcinogens as specified in 29 CFR
1910.1200(d)(4) because 29 CFR 1910.1200(d)(4) has been amended and no
longer defines which compounds are carcinogens. We are replacing these
references to 29 CFR 1910.1200(d)(4) with a list of those target HAP
that must be counted if they are present at 0.1 percent by mass or
greater in the definition of ``target HAP containing coating'' in 40
CFR 63.11180. All other target HAP must be counted if they are present
at 1.0 percent or greater by mass.

f. Non-HAP Solvent Language
    The EPA is removing the definition of ``non-HAP solvent'' from 40
CFR 63.11180 because there are no requirements to use non-HAP solvents
and the definition has no other use in the rule.
g. Filter Test Method
    The EPA is updating the spray booth filter test method in 40 CFR
63.11173, which was previously incorporated by reference, to the most
recent American Society of Heating, Refrigerating, and Air-Conditioning
Engineers (ASHRAE) method. Section 63.11173 referenced 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.'' This method was retired in January 2009 and replaced by
ANSI/ASHRAE Standard 52.2-2017 Method of Testing General Ventilation
Air-Cleaning Devices for Removal Efficiency by Particle Size. The EPA
is also adding a reference to EPA Method 319--Determination of
Filtration Efficiency for Paint Overspray Arrestors (Appendix A to 40
CFR part 63) to 40 CFR 63.11173 as an alternative to ANSI/ASHRAE
Standard 52.2-2017. This is the same method referenced in the NESHAP
for Aerospace Manufacturing and Rework (40 CFR part 63, subpart GG) to
test paint spray booth filters used to meet the requirements to limit
hexavalent chromium emissions.
h. Petition for Exemption Process
    The EPA is amending 40 CFR 63.11170 to introduce a simplified
petition for exemption process for motor vehicle or mobile equipment
surface coating operations that do not spray-apply any coatings that
contain the target HAP. Previously, all such sources were subject to
the NESHAP, unless they demonstrated to the satisfaction of the
Administrator that they do not spray-apply any coatings that contain
the target HAP. The rule is being revised to allow sources to submit
notification to the Administrator, as a simplified alternative to the
petition for exemption process, that they do not spray-apply any
coatings that contain the target HAP. Such sources will still be
required to retain records that describe the coatings that are spray-
applied in order to support the notification, but that information does
not need to be reported to the Administrator. The Administrator
maintains the authority to verify records retained on site, including
whether the notification of exemption was sufficiently demonstrated.
Sources may still petition for exemption using the existing process if
they want confirmation of exemption.

D. What are the effective and compliance dates of the standards?

    The amendments to the NESHAP being promulgated in this action are
effective on November 10, 2022. For affected sources, the compliance
date for the amendments being promulgated in this action is May 9,
2023. All affected facilities will continue to meet the current
requirements of 40 CFR part 63, subpart HHHHHH, until the applicable
compliance date of the amended rule. The EPA selected these compliance
dates based on experience with similar industries, and the EPA's
detailed justification for the selected compliance dates is included in
the preamble to the proposed rule (86 FR 66142).

IV. What is the rationale for our final decisions and amendments for
the Paint Stripping and Miscellaneous Surface Coating Operations at
Area Sources source categories?

    For each issue, this section provides a description of what we
proposed and what we are finalizing for the issue, the EPA's rationale
for the final decisions and amendments, and a summary of key comments
and responses. For all comments not discussed in this preamble, comment
summaries and the EPA's responses can be found in the comment summary
and response document available in the docket.

A. Technology Review for the Paint Stripping and Miscellaneous Surface
Coating Operations at Area Sources Source Categories

1. What did we propose pursuant to CAA section 112(d)(6) for the Paint
Stripping and Miscellaneous Surface Coating Operations at Area Sources
source categories?
    In performing a technology review of paint stripping and
miscellaneous surface coating operations, the EPA consulted sources of
data that included: the EPA's ECHO database; the EPA's RACT/BACT/LAER
Clearinghouse; publicly available state air permit databases;
regulatory actions promulgated subsequent to the Paint Stripping and
Miscellaneous Surface Coating at Area Sources NESHAP; regional and
state regulations and operating permits; site visit reports; and
industry information. The EPA's review is described in a memorandum
(``technology review memorandum'') titled Technology Review for Paint
Stripping and Miscellaneous Surface Coating Operations at Area Sources,
available in the docket for this action. Based on our review, we did
not identify any developments in practices, processes, or control
technologies for the paint stripping and miscellaneous surface coating
operations at area sources source categories, and, therefore, we did
not propose any changes to the emission standards under CAA section
112(d)(6). A summary of the EPA's findings in conducting the technology
review of paint stripping and miscellaneous surface coating operations
was included in the preamble to the proposed action (86 FR 66137).
2. How did the technology review change for the Paint Stripping and
Miscellaneous Surface Coating Operations at Area Sources source
categories?
    We are making no changes to the conclusions of the technology
review and are finalizing the results of the technology review for the
paint stripping and miscellaneous surface coating operations at area
sources source categories as proposed.
3. What key comments did we receive on the technology review, and what
are our responses?
    We received three comments objecting to our decision not to
strengthen GACT standards based on a conclusion that there have been no
technology developments.
    Comment: One commenter stated that the EPA's proposed decision to
not strengthen the GACT standards by requiring the use of only coatings
that do not contain the target HAP conflicts with the EPA's own
recognition that surface coating manufacturers have modified their
products to produce new formulas that are free of target HAP. The
commenter claimed that the EPA has failed to rationally explain why it
does not require widespread use of these nontoxic formulas.
    Response: The EPA notes that the current rule requirements have
been very successful in moving this source category to HAP-free
coatings and achieving significant reductions of metal HAP emissions.
In many cases industry has succeeded in its goal of identifying HAP-
free alternatives, but there are also many cases where that goal was
not achievable. For example, hexavalent chromium-containing primers are
particularly important to the U.S. aerospace industry. Interior
surfaces and parts of the aircraft must be protected from corrosion for
the life of the aircraft because they cannot be accessed once the
aircraft is assembled. For this reason, the aerospace industry

is moving very slowly to replace hexavalent chromium-containing
primers. Our current approach of requiring controls and work practices
has been and will continue to be successful in reducing emissions,
while still allowing this industry to produce coated products that meet
the required specifications.
    Comment: One commenter asserted that the EPA's proposed decision to
not strengthen the GACT standards by requiring the use of only coatings
that do not contain the target HAP is arbitrary because it invokes
widespread technological improvement as a reason not to strengthen the
standards. The commenters said that the EPA is obligated to require the
use of GACT under 42 U.S.C. 7412(d)(5) and MACT under 42 U.S.C.
7412(d)(2). Under both provisions, the commenter stated, the EPA is
required to adopt technologies in use by industry to reduce emissions
as emission standards and cannot leave it up to the industry to decide
whether to employ these proven technologies.
    Response: The EPA affirmed in the original NESHAP that
reformulation to HAP-free alternatives was a viable approach to
emissions reduction. Coatings manufacturers have found many viable
substitutions, but this is not universally true for all of the source
categories subject to the NESHAP. The data the EPA has referenced
indicating widespread reductions in the use of target HAP is specific
to manufacturers of automotive surface coatings and does not cover the
other source categories that are subject to the NESHAP. While the
automotive industry has seen considerable improvements in surface
coating technologies that avoid use of the target HAP in original
equipment manufacture, automotive refinishers must sometimes use
coatings that contain target HAP. In addition, other industries such as
aerospace are still reliant on certain performance characteristics that
can currently only be met through use of target HAP-containing
coatings. Though viable alternatives are actively being researched
through programs such as the Department of Defense's ASETSDefense
program, suitable alternatives have not been found for many
applications that rely on target HAP (e.g., formulations that include
hexavalent chromium compounds for corrosion resistance). The EPA is not
required to set MACT standards for area sources, as under 112(d)(5) the
EPA may elect to provide GACT standards instead for area sources, which
it has done.
    Comment: One commenter declared that the EPA's proposed decision to
not strengthen the GACT standards by requiring the use of only coatings
that do not contain the target HAP is arbitrary because the EPA
dismisses the experience of states that have required stronger
protections to feasibly reduce emissions. The commenter stated that
while the EPA appears to assert that these protections would not reduce
emissions, logic and the states' experience contradict that claim. The
commenter also said that the EPA appears to claim that it should not
adopt these stronger protections because it already considered them,
but 42 U.S.C. 7412(d)(6) broadly requires the EPA to consider
developments, and the EPA must explain why these developments should
not be adopted. The commenter pointed out that in the 2007 rulemaking
on which the EPA relies, the EPA speculated that a requirement to use
formulas without hexavalent chromium or cadmium ``could'' lead to
business closures due to a lack of alternative formulas with sufficient
corrosion protection, but those requirements have now been in place for
over a decade, and the EPA itself acknowledges that target-HAP free
formulas are now more readily available. The commenter asserted that it
is irrational and arbitrary for the EPA to continue to rely on
speculation that alternative formulas could be inadequate, particularly
given that there is zero record evidence that target HAP-free formulas
are not widely available or perform worse than toxic formulas. The
commenter contended that the EPA must rationally evaluate whether
stronger protections should now be adopted in light of these
developments and more than a decade of experience after California's
ban on the use of the most toxic formulas.
    Response: It was the EPA's determination in 2008 that such a ban
was not reasonable, feasible, or cost-effective to be widely applied.
HAP-free alternatives were available during development of the initial
NESHAP, and there has been a continuing trend of further developing
such HAP-free alternatives. However, not all coating manufacturers have
eliminated coatings that contain the target HAP. Some manufacturers
provide the same coating in both a target HAP-free version and one
containing the target HAP for certain applications. Additionally, the
data on coating manufacturers the EPA has referenced is specific to
manufacturers of automotive surface coatings and does not cover the
other source categories that are subject to the NESHAP. While the
automotive industry has seen considerable improvements in surface
coating technologies that avoid use of the target HAP in original
equipment manufacture, automotive refinishers must sometimes use
coatings that contain target HAP. In addition, other industries such as
aerospace are still reliant on target HAP-containing coatings due to a
lack of suitable alternatives that meet certain performance
characteristics, such as corrosion resistance properties, which in many
cases can still only be met with hexavalent chromium-containing
coatings. Viable alternatives are actively being researched through
programs such as the Department of Defense's Advanced Surface
Engineering Technologies for a Sustainable Defense (ASETSDefense)
program, and less hazardous alternatives have been authorized where
possible, but alternatives have still not been found for many
applications.
    The commenter also claims that the EPA has dismissed the
experiences of states that have required stronger protections to
feasibly reduce emissions. However, the only state the commenter has
specifically offered as an example is California. We assume that
California's ban to which the commenter refers is the 2001 Air Borne
Toxic Control Measure for Emissions of Hexavalent Chromium and Cadmium
from Motor Vehicle and Mobile Equipment Coatings (ATCM). The ATCM only
addresses motor vehicle and mobile equipment surface coatings; it does
not cover any of the other source categories subject to the NESHAP. The
commenter's statement fails to address other surface coating
applications where substitution of non-HAP coatings is not always
feasible. Additionally, the ATCM only eliminates the use of cadmium and
chromium and does not apply to the other target HAP covered by the
NESHAP.
4. What is the rationale for our final approach for the technology
review?
    For the reasons explained in the preamble to the proposed rules (86
FR 66130, November 19, 2021), and in our analysis of public comments
explained above in section IV.A.3 of this preamble, we are making no
changes to subpart HHHHHH to require additional controls pursuant to
CAA section 112(d)(6) and are finalizing the results of the technology
review as proposed.

B. Electronic Reporting

1. What did we propose?
    We proposed that owners and operators of paint stripping and
surface coating facilities submit electronic copies of initial
notifications required in 40 CFR 63.9(b) and 63.11175(a),

notifications of compliance status required in 40 CFR 63.9(h) and
63.11175(b), the annual notification of changes report required in 40
CFR 63.11176(a), and the report required in 40 CFR 63.11176(b) through
the EPA's Central Data Exchange (CDX) using the Compliance and
Emissions Data Reporting Interface (CEDRI). More detailed information
on these changes can be found in the November 19, 2021, proposal
preamble (86 FR 66140).
2. What changed since proposal?
    We are finalizing the electronic reporting provisions as proposed
with no changes (86 FR 66140, November 19, 2021).
3. What key comments did we receive and what are our responses?
    Comment: One commenter suggested that the EPA minimize the
requirements for electronic reporting to the extent possible, allow
flexibility in the format, and allow hard copy reporting as needed to
reduce the burden on small businesses.
    Another commenter argued that the data obtained through electronic
reporting will be highly incomplete due to the lack of internet access
among small businesses and because of how complicated CEDRI is. The
commenter claimed that making electronic reporting a requirement would
create high rates of noncompliance with no real benefit to the
environment.
    Response: The EPA recognizes that there will be a slight burden to
gain initial familiarity with the CEDRI system. However, after the
initial process, the EPA believes electronic reporting will lessen
burden for all involved parties. The EPA does allow flexibility in the
format of the reports, and there is no template or prescriptive data
entry process unlike for many other rules. The required documents, each
of which involves fairly minimal information requirements, may be
submitted in a standard PDF format. Allowing hard copy reporting would
reduce the effectiveness of this program, as the intent is to create an
electronic record that lessens the burden on all involved, and a hybrid
mixture of new documents in both electronic and paper formats would be
unwieldy.
    Comment: One commenter stated that the small business community
lacks the resources that larger businesses have to accomplish
electronic reporting and that many shops do not have internet access or
computers. According to the commenter, many shops that would regularly
utilize internet access at public libraries have not been able to do so
during the COVID-19 pandemic.
    Response: It is the EPA's position that internet access is easily
obtained, and temporary disruptions due to a pandemic are not
indicative of, or used to determine, standards that would typically
apply.
4. What is the rationale for our final approach for the electronic
reporting provisions?
    For the reasons explained in the preamble to the proposed rules (86
FR 66130, November 19, 2021), and in the comment responses above in
section IV.B.3 of this preamble, we are finalizing the electronic
reporting provisions for 40 CFR part 63, subpart HHHHHH, as proposed.

C. SSM Provisions

1. What did we propose?
    In the November 19, 2021, action, we proposed amendments to the
Paint Stripping and Miscellaneous Surface Coating Operations at Area
Sources NESHAP to remove and revise provisions related to SSM that are
not consistent with the statutory requirement that the standards apply
at all times. More information concerning the elimination of SSM
provisions is in the preamble to the proposed rule (86 FR 66141).
2. What changed since proposal?
    We are finalizing the SSM provisions as proposed with no changes
(86 FR 66130, November 19, 2021).
3. What key comments did we receive and what are our responses?
    No comments were received on our proposed changes to the SSM
provisions.
4. What is the rationale for our final approach for the SSM provisions?
    For the reasons explained in the preamble to the proposed rule (86
FR 66130, November 19, 2021), we are finalizing the SSM provisions for
40 CFR part 63, subpart HHHHHH, as proposed.

D. Petition for Exemption

1. What did we propose?
    In the November 19, 2021, action, we proposed a simplified petition
for exemption process for motor vehicle or mobile equipment surface
coating operations that do not spray-apply any coatings that contain
the target HAP. More information concerning the simplified petition for
exemption process is in the preamble to the proposed rules (86 FR
66141).
2. What changed since proposal?
    We are finalizing the simplified alternative to the petition for
exemption process as proposed with no changes (86 FR 66130, November
19, 2021).
3. What key comments did we receive and what are our responses?
    We received three comments concerning the petition for exemption
process for motor vehicle or mobile equipment surface coating
operations.
    Comment: One commenter urged the EPA to delete the petition for
exemption process for motor vehicle or mobile equipment surface coating
operations. The commenter asserted that the EPA is incorrect in its
conclusion that autobody shops are often unaware of the HAP content of
the coatings they apply. The commenter stated that manufacturers
provide information to their customers such that automotive refinishing
operations know the HAP composition of the products that they use. In
addition, many automotive refinishing operations have state and local
air permits that require the disclosure of a considerable amount of
information on these operations and their emissions. The commenter
argued that automatically subjecting automotive refinishing operations
to the rule also places an excessive burden on the smallest of the
sources affected by the rule. For consistency and to reduce burden
(especially for small business operations), the commenter recommended
that the EPA revise the rule so that miscellaneous metal parts, plastic
parts, and automotive refinishing operations are not subject to the
rule unless they use coatings containing the target HAPs of concern.
    Response: The EPA notes that sources that perform surface coating
of miscellaneous metal parts and plastic parts are only subject to the
NESHAP standards if they spray-apply target HAP-containing coatings.
That is because it is easier for them (and the EPA/delegated
authorities) to know and track the HAP content of these coatings. In
contrast, because automotive refinishing operations are relatively
numerous, as well as less consistent in facility operation and in the
coatings that they may purchase or use at any given time, the EPA has
concerns that changing the general applicability would make it even
more difficult to support compliance with the standards.
    In addition, the target HAP that are the subject of this rule are
not a priority for state and local air agencies, except for a few
cases--such as California's 2001 ban on cadmium and chromium--and are
not addressed in or limited by

state and local air quality permits. Therefore, the information that is
collected from automotive refinishers under this rule would not
otherwise be readily available. The EPA has, however, reduced the
burden on automotive refinishing facilities by allowing them to submit
a notification to the EPA that they are not subject rather than having
to petition the EPA for a determination that they are not subject.
    The EPA's assessment in the original 2008 rule was that most
sources were already in compliance with these standards and that, for
those that were not, achieving compliance would not be overly
burdensome. Because target HAP-free coatings have become even more
available in recent years, achieving compliance is arguably even less
burdensome than before the rule.
    Comment: One commenter argued that the requirement that autobody
shops must file a petition to have EPA approve their exempt status
singles them out from all other businesses that spray paint on metal
and plastic substrates. The commenter stated that the requirement to
file a petition for exemption adds a substantial burden on these very
small businesses that others do not have. Due to the extra burden of
filing a petition, the commenter said that it is likely that tens of
thousands of shops are out of compliance with a rule when they
technically should not be subject to it at all.
    Response: The EPA maintains that autobody shops operate differently
from the other miscellaneous surface coating operations and that
distinguishing them is merited due to these differences. However, we
have no evidence that the burden of electronically submitting a PDF is
onerous, and we note that there is a benefit for all involved parties
to have readily accessible documentation of basic facts about subject
sources and their compliance with the NESHAP requirements. The
commenter's claim that the burden of filing a petition for exemption is
a cause of source noncompliance is unsubstantiated. In fact, the EPA's
proposed simplified alternative to the petition for exemption process
reduces possible burden.
    Comment: One commenter recommended that if the EPA chooses to
retain the petition for exemption requirements on autobody shops, it is
essential to fix 40 CFR 63.11170(a)(2) to exempt shops from only the
coatings portion of the subpart and not the paint stripping portion.
Likewise, the commenter urged the EPA to clarify that using MeCl
stripper does not preclude a shop from petitioning for exemption from
the coatings portion. Finally, the commenter requested that the EPA
clarify that a petition for exemption does not require that an initial
notification be filed at the same time since a granted petition
obviates the need for an initial notification.
    Response: The EPA maintains it is already clear that the exemption
only applies to activities under 40 CFR 63.11170(a)(2), and that is
made explicit in the example petition for exemption document that can
be found on the EPA's Collision Repair Campaign Documents web page
(https://www.epa.gov/collision-repair-campaign/collision-repair-campaign-documents). However, to improve clarity, the EPA is revising
the second sentence of 40 CFR 63.11170(a)(2) such that the rule
language no longer refers to ``an exemption from this subpart,'' and
instead refers to ``an exemption from the surface coating provisions of
this subpart.'' The NESHAP does require that each facility provide an
initial notification, to include information specified in 40 CFR
63.11175(a), regardless of whether or when the facility chooses to
additionally submit a petition for exemption, or the simplified
alternative notification that they do not spray-apply coating
containing the target HAP.
4. What is the rationale for our final approach for the simplified
alternative to the petition for exemption?
    For the reasons explained in the preamble to the proposed rules (86
FR 66130, November 19, 2021), and in the comment responses above in
section IV.D.3 of this preamble, we are finalizing the provisions for a
simplified alternative to the petition for exemption process for 40 CFR
part 63, subpart HHHHHH, as proposed.

V. Summary of Cost, Environmental, and Economic Impacts and Additional
Analyses Conducted

A. What are the affected facilities?

    Currently, we estimate 39,812 area source facilities are subject to
the Paint Stripping and Miscellaneous Surface Coating Operations at
Area Sources NESHAP and operating in the United States. The affected
source under the NESHAP is the collection of any and all of the items
listed in (1) through (6) of this section V.A of the preamble. Not all
affected sources will have all of the items listed in (1) through (6)
of this section V.A of the preamble.
    (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.

B. What are the air quality impacts?

    Estimated emissions of target HAP and MeCl from the facilities in
the Paint Stripping and Surface Coating source categories are not
expected to change in any significant way due to this review or its
associated amendments to the NESHAP.
    These amendments acknowledge that all area sources in the source
categories must comply with the relevant emission standards at all
times, including periods of SSM. We were unable to quantify the
emissions that occur during periods of SSM or the specific emissions
reductions that will occur as a result of this action. However,
eliminating the SSM exemption has the potential to reduce emissions by
requiring facilities to meet the applicable standard during SSM
periods.
    Indirect or secondary air emissions impacts are impacts that would
result from the increased electricity usage associated with the
operation of control devices (e.g., increased secondary emissions of
criteria pollutants from power plants). Energy impacts consist of the
electricity and steam needed to operate control devices and other
equipment. These amendments would have no effect on the energy needs of
the affected paint stripping and surface coating facilities and would,
therefore, have no indirect or secondary air emissions impacts.

C. What are the cost impacts?

    We estimate that each facility in the source categories will
experience one-time costs of approximately $400. These costs are a
combination of the estimated reporting and recordkeeping costs (2
technical hours), and the time to read and understand the rule
amendments (2 technical hours).\1\ Costs associated with adoption of
electronic reporting were estimated as part of the reporting and
recordkeeping costs and include time for sources to familiarize
themselves with electronic record systems.
---------------------------------------------------------------------------

    \1\ The labor costs were calculated using the applicable labor
rates from the latest version of the Bureau of Labor Statistics
(BLS) survey titled National Occupational Employment and Wage
Estimates United States located at: https://www.bls.gov/oes/current/oes_nat.htm#00-0000.
---------------------------------------------------------------------------

    For further information on the potential costs, see the memorandum
titled Proposal Economic Impact Analysis for the National Emissions

Standards of Hazardous Air Pollutants: Paint Stripping and
Miscellaneous Surface Coating Operations at Area Sources, available in
the docket for this action.

D. What are the economic impacts?

    The economic impact analysis is designed to inform decision makers
about the potential economic consequences of the compliance costs
outlined in section V.C. of this preamble. To assess the maximum
potential impact, the largest cost expected to be experienced in any
one year is compared to the total sales for the ultimate owner of the
affected facilities to estimate the total burden for each facility.
    For the final revisions to the Paint Stripping and Miscellaneous
Surface Coating Operations at Area Sources NESHAP, the total cost is
estimated to be approximately $400 per facility in the first year of
the rule. These costs are not expected to result in a significant
market impact, regardless of whether they are passed on to the
purchaser or absorbed by the firms.
    The EPA also prepared a small business screening assessment to
determine whether any of the identified affected entities are small
entities, as defined by the U.S. Small Business Administration. Of the
facilities potentially affected by the final revisions to the Paint
Stripping and Miscellaneous Surface Coating Operations at Area Sources
NESHAP, we estimate that the vast majority are small entities. However,
the annualized costs associated with the final requirement is from 0.0
to 0.2 percent of annual sales revenue for the ultimate owner of those
facilities, well below the 1 percent threshold. Therefore, there are no
significant economic impacts on a substantial number of small entities
from these amendments.

E. What are the benefits?

    As stated in section V.B. of the November 19, 2021, proposal
preamble (86 FR 66130), we were unable to quantify the specific
emissions reductions associated with eliminating the SSM exemption,
although this change has the potential to reduce emissions of the
target HAP and MeCl.
    Because these amendments are not considered economically
significant, as defined by Executive Order 12866, we did not monetize
the benefits of reducing these emissions. This does not mean that there
are no benefits associated with the potential reduction in target HAP
and MeCl from this rule.

F. What analysis of environmental justice did we conduct?

    Executive Order 12898 directs the EPA to identify the populations
of concern who are most likely to experience unequal burdens from
environmental harms; specifically, minority populations, low-income
populations, and indigenous peoples (59 FR 7629, February 16, 1994).
Additionally, Executive Order 13985 was signed to advance racial equity
and support underserved communities through Federal government actions
(86 FR 7009, January 20, 2021). The EPA defines environmental justice
(EJ) as the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to
the development, implementation, and enforcement of environmental laws,
regulations, and policies. The EPA further defines the term fair
treatment to mean that ``no group of people should bear a
disproportionate burden of environmental harms and risks, including
those resulting from the negative environmental consequences of
industrial, governmental, and commercial operations or programs and
policies'' (https://www.epa.gov/environmentaljustice). In recognizing
that minority and low-income populations often bear an unequal burden
of environmental harms and risks, the EPA continues to consider ways of
protecting them from adverse public health and environmental effects of
air pollution. To examine the potential for any EJ issues that might be
associated with the source categories, we performed a demographic
analysis, which is an assessment of individual demographic groups of
the populations living within 5 kilometers (km) and within 50 km of the
facilities. The EPA then compared the data from this analysis to the
national average for the demographic indicators.
    In the analysis, we evaluated the proximity of minority and low-
income groups within the populations that live near facilities. Data
limitations preclude a complete analysis. This NESHAP applies to
sources in many different industries, often operating as small
facilities, and limited location data of subject facilities was
available. As described in the technology review memorandum, available
in the docket for this action, and section II.C of this preamble, we
did conduct searches for available information. However, the results do
not account for emission or risk impacts from sources and may not be
fully representative of the full distribution of facilities across all
locations and populations. This analysis is intended to function as a
guide to possible proximity disparities.
    Based upon the number of facilities in this analysis and their
proximity to urban centers, the category minority demographics are
higher than the national average while individual facilities for a
large number of sites will significantly exceed the national average
demographics for every group due to being in urban locations. The
results of the demographic analysis for populations within 5 km of the
facilities within the source categories indicate that the minority
population (being the total population minus the white population) is
higher when compared to the national percentage (49 percent versus 40
percent). These comparisons also hold true for other demographic groups
(African American, Other and Multiracial Groups, Hispanics, and people
living in linguistic isolation). The African American demographic group
shows the highest difference when compared to the national average (17
percent vs 12 percent). The remaining demographics identified above
were above the national average by 2 percent. The methodology and the
results of the demographic analysis are presented in a technical
report, Technology Review-- Analysis of Demographic Factors for
Populations Living Near the Paint Stripping and Miscellaneous Surface
Coating Operations at Area Sources Source Categories, available in this
docket for this action. While demographic analysis shows some
population categories that are above the national average, this action
is not likely to change levels of emissions near facilities. Based on
our technology review, we did not identify any add-on control
technologies, process equipment, work practices or procedures that were
not previously considered during development of the 2008 Paint
Stripping and Miscellaneous Surface Coating at Area Sources NESHAP, and
we did not identify developments in practices, processes, or control
technologies that would result in additional emission reductions.

G. What analysis of children's environmental health did we conduct?

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this final rule have been
submitted for approval to OMB under the PRA.
    The Information Collection Request (ICR) document that the EPA
prepared has been assigned EPA ICR number 2268.08. You can find a copy
of the ICR in the docket for this action (Docket ID No. EPA-HQ-OAR-
2021-0016), and it is briefly summarized here.
    As part of the technology review for the NESHAP, the EPA is not
revising the emission limit requirements. The EPA is revising the SSM
provisions that previously applied to the NESHAP and is proposing the
use of electronic data reporting for future notifications and reports.
This information is being collected to assure compliance with 40 CFR
part 63, subpart HHHHHH.
    Respondents/affected entities: Facilities performing paint
stripping and surface coating operations at area sources.
    Respondent's obligation to respond: Mandatory (40 CFR part 63,
subpart HHHHHH).
    Estimated number of respondents: In the 3 years after the final
rulemaking, 38,194 respondents per year would be subject to the NESHAP
and no additional respondents are expected to become subject to the
NESHAP during that period.
    Frequency of response: The total number of responses in year 1 is
76,388. Years 2 and 3 would have no responses.
    Total estimated burden: The average annual burden to the paint
stripping and surface coating operations at area source facilities over
the 3 years is estimated to be 43,900 hours (per year). The average
annual burden to the Agency over the 3 years is estimated to be 0 hours
(per year). Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: The average annual cost to the facilities is
$5,200,000 in labor costs for the first 3 years. The average annual
capital and operation and maintenance (O&M) cost savings is $27,100,
because photocopying and postage will no longer be necessary in
submitting notifications and reports. The total average annual Agency
cost over the first 3 years is estimated to be $0.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
economic impact associated with the proposed requirements in this
action for the affected small entities is described in section V.D.
above.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. The action imposes
no enforceable duty on any state, local, or tribal governments or the
private sector.

E. Executive Order 13132: Federalism

    This action 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.

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

    This action does not have tribal implications as specified in
Executive Order 13175. No tribal facilities are known to be engaged in
any of the industries that would be affected by this action. Thus,
Executive Order 13175 does not apply to this action. Nevertheless,
consistent with the EPA Policy on Consultation and Coordination with
Indian Tribes, EPA sent out consultation letters to 574 federally
recognized tribes offering tribal officials the opportunity to
meaningfully engage on a government-to-government basis. We did not
receive any requests for consultation. In addition, on June 24, 2021,
EPA provided an overview of the proposed action on the monthly National
Tribal Air Association (NTAA) air policy call to provide tribal
environmental professionals an opportunity to ask questions.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.

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

    This action is not subject to Executive Order 13211 because it is
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This rulemaking involves technical standards. We are amending the
Paint Stripping and Miscellaneous Surface Coating Operations at Area
Source NESHAP in this action to update references to 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,'' with ANSI/ASHRAE Standard 52.2-2017 ``Method of Testing
General Ventilation Air-Cleaning Devices for Removal Efficiency by
Particle Size.'' Both methods measure paint booth filter efficiency to
measure the capture efficiency of paint overspray arrestors with spray-
applied coatings. The EPA is also amending the NESHAP to include EPA
Method 319--Determination of Filtration Efficiency for Paint Overspray
Arrestors (Appendix A to 40 CFR part 63), as an alternative to ANSI/
ASHRAE Standard 52.2-2017.
    The ANSI/ASHRAE standard is available from the American Society of
Heating, Refrigerating and Air-Conditioning Engineers, 1791 Tullie
Circle NE, Atlanta, GA 30329. See https://www.ashrae.org.
    Under 40 CFR 63.7(f) and 40 CFR 63.8(f) of subpart A of the General
Provisions, a source may apply to the EPA for permission to use
alternative test methods or alternative monitoring requirements in
place of any required testing methods, performance specifications, or
procedures in the final rule or any amendments.

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

    The EPA believes that this action does not have disproportionately
high and adverse human health or environmental effects on minority
populations, low-income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The
methodology and the results of the demographic analysis are presented
in a technical report, Technology Review -- Analysis of Demographic
Factors for Populations Living Near the Paint Stripping and
Miscellaneous Surface Coating Operations at Area Sources Source
Categories, available in this docket for this action.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

List of Subjects in 40 CFR Part 63

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

Michael S. Regan,
Administrator.

    For the reasons stated in the preamble, the Environmental
Protection Agency is amending part 63 of title 40, chapter I, of the
Code of Federal Regulations as follows:

PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
FOR SOURCE CATEGORIES

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

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

Subpart A--General Provisions

0
2. Section 63.14 is amended by:
0
a. Revising paragraph (d)(1); and
0
b. Adding paragraph (d)(2).
    The revision and addition read as follows:

Sec.  63.14  Incorporations by reference.

* * * * *
    (d) * * *
    (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.
63.11516(d).
    (2) ANSI/ASHRAE Standard 52.2-2017, Method of Testing General
Ventilation Air-Cleaning Devices for Removal Efficiency by Particle
Size, copyright 2017; IBR approved for Sec.  63.11173(e).
* * * * *

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

0
3. Amend Sec.  63.11170 by revising paragraph (a)(2) to read as
follows:

Sec.  63.11170  Am I subject to this subpart?

    (a) * * *
    (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 the
surface coating provisions of 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 Sec.  63.11175 and comply with the
requirements of this subpart. On and after May 9, 2023, you may submit
a notification to the Administrator that you do not spray apply any
target HAP containing coatings, as defined in Sec.  63.11180, in place
of a petition. You are still required to retain records that describe
the coatings that are spray applied, but that information does not need
to be reported to the Administrator. The Administrator maintains the
authority to verify records retained on site, including whether the
notification of exemption was sufficiently demonstrated. Alternatively,
if you are the owner or operator of a motor vehicle or mobile equipment
surface coating operation and you wish for a formal determination, you
may still petition the Administrator for an exemption from this
subpart.
* * * * *

0
4. Amend Sec.  63.11173 by revising paragraph (e)(2)(i) and adding
paragraph (h) to read as follows:

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

* * * * *
    (e) * * *
    (2) * * *
    (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 ANSI/
ASHRAE Standard 52.2-2017 (incorporated by reference, see Sec.  63.14).
The filter efficiency shall be based on the difference between the
quantity of dust injected and the quantity captured on the final filter
with no test device in place. The filter will be challenged with 100
grams of loading dust and the final filter weight will be to the
nearest 0.1 gram. EPA Method 319 of Appendix A to 40 CFR part 63 may be
used as an alternative to ANSI/ASHRAE Standard 52.2-2017. 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 water wash spray booths that are operated and
maintained according to the manufacturer's specifications.
* * * * *
    (h) You must be in compliance with the requirements in this subpart
at all times. At all times, you must operate and maintain any affected
source, including associated air pollution control equipment and
monitoring equipment, in a manner consistent with safety and good air
pollution control practices for minimizing emissions. The general duty
to minimize emissions does not require you to make any further efforts
to reduce emissions if levels required by the applicable standard have
been achieved. Determination of whether a source is operating in
compliance with operation and maintenance requirements will be based on
information available to the Administrator which may include, but is
not limited to, monitoring results, review of operation and maintenance
procedures, review of operation and maintenance records, and inspection
of the source.

0
5. Amend Sec.  63.11175 by adding paragraph (c) to read as follows:

Sec.  63.11175  What notifications must I submit?

* * * * *
    (c) On and after May 9, 2023, the owner or operator shall submit
the initial notifications required in Sec.  63.9(b) and paragraph (a)
of this section and the notification of compliance status required in
Sec.  63.9(h) and paragraph (b) of this section to the EPA via the
Compliance and Emissions Data Reporting Interface (CEDRI) (CEDRI can be
accessed through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov)). The owner or operator must upload to CEDRI an electronic
copy of each applicable notification in portable document format (PDF).
The applicable notification must be submitted by the deadline specified
in this subpart, regardless of the method in which the reports are
submitted. Owners or operators who claim that some of the information
required to be submitted via CEDRI is confidential business information
(CBI) shall submit a complete notification, including information
claimed to be CBI, on a compact disc, flash drive, or other commonly
used electronic storage medium to the EPA. The electronic medium shall
be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office,
Attention: Paint Stripping and Miscellaneous Surface Coating Operations
Sector Lead, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same
file with the CBI omitted shall be submitted to the EPA via the EPA's
CDX as described earlier in this paragraph.

0
6. Amend Sec.  63.11176 by adding paragraphs (c) through (e) to read as
follows:

Sec.  63.11176  What reports must I submit?

* * * * *
    (c) On and after May 9, 2023, the owner or operator shall submit
the Annual Notification of Changes Report required in paragraph (a) of
this section and the MeCl report required in paragraph (b) of this
section to the EPA via CEDRI (CEDRI can be accessed through the EPA's
CDX (https://cdx.epa.gov)). The owner or operator must upload to CEDRI
an electronic copy of each applicable report in PDF. The applicable
report must be submitted by the deadline specified in this subpart,
regardless of the method in which the reports are submitted. Owners or
operators who claim that some of the information required to be
submitted via CEDRI is CBI shall submit a complete report, including
information claimed to be CBI, on a compact disc, flash drive, or other
commonly used electronic storage medium to the EPA. The electronic
medium shall be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE
CBI Office, Attention: Paint Stripping and Miscellaneous Surface
Coating Operations Sector Lead, MD C404-02, 4930 Old Page Rd., Durham,
NC 27703. The same file with the CBI omitted shall be submitted to the
EPA via the EPA's CDX as described earlier in this paragraph.
    (d) If you are required to electronically submit a report through
the CEDRI in the EPA's CDX, and due to a planned or actual outage of
either the EPA's CEDRI or CDX systems within the period of time
beginning 5 business days prior to the date that the submission is due,
you will be or are precluded from accessing CEDRI or CDX and submitting
a required report within the time prescribed, you may assert a claim of
EPA system outage for failure to timely comply with the reporting
requirement. You must submit notification to the Administrator in
writing as soon as possible following the date you first knew, or
through due diligence should have known, that the event may cause or
caused a delay in reporting. You must provide to the Administrator a
written description identifying the date, time and length of the
outage; provide to the Administrator a rationale for attributing the
delay in reporting beyond the regulatory deadline to the EPA system
outage; describe the measures taken or to be taken to minimize the
delay in reporting; and identify a date by which you propose to report,
or if you have already met the reporting requirement at the time of the
notification, the date you reported. In any circumstance, the report
must be submitted electronically as soon as possible after the outage
is resolved. The decision to accept the claim of EPA system outage and
allow an extension to the reporting deadline is solely within the
discretion of the Administrator.
    (e) If you are required to electronically submit a report through
CEDRI in the EPA's CDX and a force majeure event is about to occur,
occurs, or has occurred or there are lingering effects from such an
event within the period of time beginning 5 business days prior to the
date the submission is due, the owner or operator may assert a claim of
force majeure for failure to timely comply with the reporting
requirement. For the purposes of this section, a force majeure event is
defined as an event that will be or has been caused by circumstances
beyond the control of the affected facility, its contractors, or any
entity controlled by the affected facility that prevents you from
complying with the requirement to submit a report electronically within
the time period prescribed. Examples of such events are acts of nature
(e.g., hurricanes, earthquakes, or floods), acts of war or terrorism,
or equipment failure or safety hazard beyond the control of the
affected facility (e.g., large scale power outage). If you intend to
assert a claim of force majeure, you must submit notification to the
Administrator in writing as soon as possible following the date you
first knew, or through due diligence should have known, that the event
may cause or caused a delay in reporting. You must provide to the
Administrator a written description of the force majeure event and a
rationale for attributing the delay in reporting beyond the regulatory
deadline to the force majeure event; describe the measures taken or to
be taken to minimize the delay in reporting; and identify a date by
which you propose to report, or if you have already met the reporting
requirement at the time of the notification, the date you reported. In
any circumstance, the reporting must occur as soon as possible after
the force majeure event occurs. The decision to accept the claim of
force majeure and allow an extension to the reporting deadline is
solely within the discretion of the Administrator.

0
7. Amend Sec.  63.11180 by:
0
a. Revising the definition of ``Materials that contain HAP or HAP-
containing materials'';
0
b. Removing the definition of ``Non-HAP solvent''; and
0
c. Revising the definitions of ``Spray-applied coating operations'' and
``Target HAP containing coating''.
    The revisions read as follows:

Sec.  63.11180  What definitions do I need to know?

* * * * *
    Materials that contain HAP or HAP-containing materials mean, for
the purposes of this subpart, materials that contain any individual
target HAP that is a carcinogen at a concentration greater than 0.1
percent by mass, or greater than 1.0 percent by mass for any other
individual target HAP.
* * * * *
    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) for devices that do not use a paint cup liner, or with a
paint cup liner capacity that is equal to or less than 3.0 fluid ounces
(89 cubic centimeters) for devices that use a paint cup liner.
Repeatedly refilling and reusing a 3.0 fluid ounce cup or cup liner or
using multiple 3.0 fluid ounce cup liners to complete a single spray
applied coating operation as a means of avoiding rule applicability
will be considered an attempt to circumvent the requirements of this
subpart.
    (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.
* * * * *
    Target HAP containing coating means a spray-applied coating that
contains any individual target HAP that is a carcinogen 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
target HAP, this corresponds to coatings that contain cadmium,
chromium, lead, or nickel in amounts greater than or equal to 0.1
percent by mass (of the metal), and materials that contain manganese in
amounts greater than or equal to 1.0 percent by mass (of the metal).
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 carcinogens
and at 1.0 percent by mass or more for other target HAP compounds. The
target HAP content of coatings is based on the HAP content of the
coating as applied, not on the HAP content of the coating components as
purchased from the coating supplier. However, coatings that do not
contain the target HAP based on the HAP content as purchased will also
meet the definition based on the HAP content as applied.
* * * * *

0
8. Revise table 1 to subpart HHHHHH to read as follows:

                    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........................  Sec.   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.........................  Sec.   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           No.........................  See Sec.   63.11173(h)
                                      Maintenance                                          for general duty
                                      Requirements.                                        requirement.
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 with         No.........................
                                      Nonopacity Emission
                                      Standards--Applicabil
                                      ity.
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.   63.9(k).....................  Electronic reporting    Yes........................  Only as specified in
                                      procedures.                                          Sec.   63.9(j).
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.
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[FR Doc. 2022-24129 Filed 11-9-22; 8:45 am]
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