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ENVIRONMENTAL PROTECTION AGENCY

Treasury Department

CFR Citation: 40 CFR Part 63

OAR ID: [OAR2003-0014--FRL-7461-9]

RIN ID: RIN 2060-AG98

NOTICE: Part II

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles

DATES: May 29, 2003. The incorporation by reference of certain publications listed in today's final rule is approved by the Director of the Federal Register as of May 29, 2003.

DOCUMENT SUMMARY: This action promulgates national emission standards for hazardous air pollutants (NESHAP) for existing and new fabric and other textile coating, printing, slashing, dyeing, and finishing operations. The final standards implement section 112(d) of the Clean Air Act (CAA) by requiring all major sources to meet the hazardous air pollutants (HAP) emission standards reflecting the application of the maximum achievable control technology (MACT).

The EPA has estimated that there are approximately 135 major source facilities in the printing, coating, and dyeing of fabrics and other textiles source category. The principal HAP emitted by these sources include toluene, methyl ethyl ketone (MEK), methanol, xylenes, methyl isobutyl ketone (MIBK), methylene chloride, trichloroethylene, n hexane, glycol ethers (ethylene glycol), and formaldehyde. The final rule will reduce nationwide organic HAP emissions from major sources by approximately 4,100 tons per year or about 60 percent from baseline emissions.

Exposure to these substances has been demonstrated to cause adverse health effects such as irritation of the eye, lung, and mucous membranes, effects on the central nervous system, and damage to the liver. The EPA has classified two of the HAP, methylene chloride and trichloroethylene, as probable or possible human carcinogens. We do not have the type of current detailed data on each of the facilities covered by the final rule and the people living around the facilities that would be necessary to conduct an analysis to determine the actual population exposures to the HAP emitted from these facilities and potential for resultant health effects. Therefore, we do not know the extent to which the adverse health effects described above occur in the populations surrounding these facilities. However, to the extent the adverse effects do occur, the final rule will reduce emissions and subsequent exposures.

SUMMARY: Environmental Protection Agency,

SUPPLEMENTAL INFORMATION

Regulated Entities. The source category definition includes sources that engage in the coating, printing, slashing, dyeing, or finishing of any fabric or other textile. In general, such sources are covered under the North American Industrial Classification System (NAICS) codes. However, sources classified under other NAICS codes may be subject to the final standards if they meet the applicability criteria. Not all sources classified under the NAICS codes in the following table are subject to the final rule because some of the classifications cover products outside the scope of the NESHAP for printing, coating, and dyeing of fabrics and other textiles.

Categories and entities potentially regulated by this action include:
Examples of regulated Category NAICS code entities Industry....................... 31321 Broadwoven fabric mills.
31322 Narrow fabric mills and Schiffli machine embroidery. 313241 Weft knit fabric mills. 313311 Broadwoven fabric finishing mills. 313312 Textile and fabric finishing (except broadwoven fabric) mills.
313320 Fabric coating mills. 314110 Carpet and rug mills. 326220 Rubber and plastics hoses and belting and manufacturing. 339991 Gasket, packing, and sealing device manufacturing. Federal government............. .............. Not affected. State/local/tribal government.. .............. Not affected.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. To determine whether your operation is regulated by this action, you should examine the applicability criteria in Sec. 63.4281 of the final rule. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

Docket. The EPA has established an official public docket for this action under Docket ID No. OAR20030014 (formerly Docket No. A9751). The official public docket consists of the documents specifically referenced in
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this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the EPA Docket Center, EPA West, Room B102, 1301 Constitution Avenue, NW., Washington, DC 20460. The Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is (202) 566 1744, and the telephone number for the Docket is (202) 5661742. A reasonable fee may be charged for copying docket materials.

Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at http://www.epa.gov/edocket/.

An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified above. Once in the system, select ``search,'' then key in the appropriate docket identification number.

Worldwide Web (WWW). In addition to being available in the docket, an electronic copy of the final rule will also be available on the WWW through EPA's Technology Transfer Network (TTN). Following signature by the EPA Administrator, a copy of the final rule will be posted on the TTN's policy and guidance page for newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. The TTN provides information and technology exchange in various areas of air pollution control. If more information regarding the TTN is needed, call the TTN HELP line at (919) 5415384.

Judicial Review. This action constitutes final administrative action on the proposed NESHAP for printing, coating, and dyeing of fabrics and other textiles (67 FR 45054, July 11, 2002). Under CAA section 307(b)(1), judicial review of the final rule is available only by filing a petition for review in the United States Court of Appeals for the District of Columbia Circuit by July 28, 2003. Only those objections to the final rule which were raised with reasonable specificity during the period for public comment may be raised during judicial review. Under CAA section 307(b)(2), the requirements established by today's final rule may not be challenged later in civil or criminal proceedings brought by EPA to enforce the requirements.

Outline. The information presented in this preamble is organized as follows:

I. Background

A. What Is the Source of Authority for Development of NESHAP?

B. What Criteria Are Used in the Development of NESHAP? II. What Changes and Clarifications Have we Made to the Proposed Standards?

A. Applicability

B. Overlap With Other Rules

C. Affected Source

D. Emission Limits and Options

E. General Compliance Requirements

F. Requirements for Compliance Options

III. Summary of the Final Rule

A. What Source Categories and Subcategories Are Affected by the Final Rule?

B. What Is the Affected Source?

C. What Are the Emission Limits, Operating Limits, and Other Standards?

D. What Are the Testing and Initial Compliance Requirements?

E. What Are the Continuous Compliance Provisions?

F. What Are the Notification, Recordkeeping, and Reporting Requirements?
IV. Summary of Environmental, Energy, and Economic Impacts

A. What Are the Air Impacts?

B. What Are the Cost Impacts?

C. What Are the Economic Impacts?

D. What Are the NonAir Health, Environmental, and Energy Impacts?

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

B. Paperwork Reduction Act

C. Regulatory Flexibility Act

D. Unfunded Mandates Reform Act

E. Executive Order 13132: Federalism

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

G. Executive Order 13045: Protection of Children from Environmental Health & Safety Risks

H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use

I. National Technology Transfer Advancement Act

J. Congressional Review Act
I. Background
A. What Is the Source of Authority for Development of NESHAP?

Section 112 of the CAA requires us to list categories and subcategories of major sources and area sources of HAP and to establish NESHAP for the listed source categories and subcategories. The Printing, Coating, and Dyeing of Fabrics source category was listed on July 16, 1992 (57 FR 31576) under the Surface Coating Processes industry group. We proposed standards for and revised the title of this source category to Printing, Coating, and Dyeing of Fabrics and Other Textiles on July 11, 2002 (67 FR 45054). The title was revised to clarify the applicability of the standards to organic HAPemitting operations performed on textile substrates including, but not limited to, fabric.

A major source of HAP is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit considering controls, in the aggregate, 10 tons per year (tpy) or more of any one HAP or 25 tpy of any combination of HAP. An area source is any stationary source of HAP that is not a major source.

B. What Criteria Are Used in the Development of NESHAP?

Section 112 of the CAA requires that we establish NESHAP for the control of HAP from both new and existing major sources. The CAA requires the NESHAP to reflect the maximum degree of reduction in emissions of HAP that is achievable. This level of control is commonly referred to as the MACT, for maximum achievable control technology.

The MACT floor is the minimum control level allowed for NESHAP and is defined under section 112(d)(3) of the CAA. In essence, the MACT floor ensures that the standard is set at a level that assures that all major sources achieve the level of control already achieved by the bettercontrolled and loweremitting sources in each source category or subcategory. For new sources, the MACT standards cannot be less stringent than the emission control that is achieved in practice by the bestcontrolled similar source. The MACT standards for existing sources can be less stringent than standards for new sources, but they cannot be less stringent than the average emission limitation achieved by the bestperforming 12 percent of existing sources in the category or subcategory (or the bestperforming five sources for categories or subcategories with fewer than 30 sources).

In developing MACT, we also consider control options that are more stringent than the floor. We may establish standards more stringent than the floor based on the consideration of the cost of achieving the emissions reductions, any nonair health and environmental impacts, and energy requirements.
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II. What Changes and Clarifications Have We Made to the Proposed Standards?

In response to public comments received on the proposed standards, we made several changes in developing the final rule. The substantive comments and our responses and rule changes are summarized in the following sections. A more detailed summary of comments and responses can be found in the BID for the final rule which is available from several sources (see ADDRESSES).

A. Applicability

We have made several changes to clarify the applicability of the final rule to certain coating, printing, slashing, dyeing, and finishing operations. We have also made changes to clarify which other web surface coating operations are not subject to the requirements of this final rule.

One commenter requested that we clarify the intent of proposed exemptions for research and development facilities from the rule requirements. The commenter believes the word facility and the definition of research or laboratory facility could be read to mean that the research or laboratory facility must be a facility separate from any facility that is doing commercial coating, dyeing, etc., in order to be exempt from subpart OOOO applicability. Typically in this source category, research and development activities are conducted on web coating and printing lines or dyeing and finishing operations located within a manufacturing plant. These research and development operations are colocated with manufacturing lines in order to test the product at the same manufacturing variables (e.g., temperature and humidity) as those of the products currently being used. Therefore, the final rule language has been written to reflect this. The use of the terms research or laboratory operations, rather than facilities, will also make this language consistent with the affected source description in the final rule. A corresponding change has also been made to the definition of research or laboratory facility to reflect this change.

One commenter observed that the proposal preamble described exemptions to the proposed rule for certain tape and tire manufacturing activities covered by the NESHAP for Paper and Other Web Coating and the NESHAP for Tire Manufacturing MACT, respectively. The commenter pointed out that the proposed rule text failed to mention any of these exemptions. These explicit exemptions were inadvertently omitted from the proposed rule language. The final rule has been written to include the appropriate exemptions.

Three commenters expressed concern that, as proposed, the final rule could be interpreted to apply to synthetic fiber manufacturing operations. We have written the final rule to clarify that coating, slashing, dyeing, and finishing operations that are part of a synthetic fiber manufacturing process, and are part of the affected source of another NESHAP, such as the Group IV Polymers and Resins NESHAP (40 CFR 63, subpart JJJ) are not subject to the requirements of the final rule. For example, finishes that are applied in an affected source to which subpart JJJ applies are not subject to the requirements of the final rule.

One commenter noted the preamble to the proposed rule stated that coating and printing operations conducted at ambient temperatures and not involving drying or curing equipment are not subject to the provisions of the rule. The commenter requested that this language be included in the applicability section of the final regulation. In order to clarify the applicability of the final rule to web coating and printing operations conducted at ambient temperatures, the final rule has been written to exclude web coating or printing operations that do not involve drying or curing equipment such as ovens, tenter frames, steam cans, or dryers from the requirements of the final rule. Web coating and printing operations that dry at ambient temperatures are not representative of the coating and printing operations in the database used to determine the MACT floor for the coating and printing subcategory. These lowproduction rate operations make up only a small segment of the overall coating and printing industry. It was also determined that the emission capture and control technologies applicable to these operations would be considerably different (because of temperature, concentration, and flow rate differences) than those operations involving drying and curing equipment which are the basis of the MACT floor determination.

B. Overlap With Other Rules

Two commenters pointed out that the preamble text of the proposed rule created duplicate applicability for some sources, i.e., web coating lines that coat paper and other web substrates as well as fabric and other textile substrates. The commenters requested clarification on which NESHAP would apply to web coating lines that coat both types of substrate. The Paper and Other Web Coating NESHAP applies to web coating lines engaged in the coating of fabric for use in flexible packaging, pressure sensitive tapes and abrasive materials. The final rule has been written to clarify that web coating lines where both fabric and other webs are coated for use in flexible packaging, pressure sensitive tapes or abrasive materials or where fabric is being laminated to a paper and other web substrate are subject to 40 CFR 63, subpart JJJJ, and not today's final rule.

For other web coating lines engaged in the coating of fabric and other webs on the same web coating line, we have written in a provision to the final rule whereby a source can determine which MACT standard they must comply with based on the predominant surface coating activity conducted on the web coating line. Predominant activity has been determined to be 90 percent or more of the mass of substrate coated. For example, a web coating line that coats 90 percent paper and 10 percent fabric substrates would have to comply with the Paper and Other Web NESHAP (40 CFR 63, subpart JJJJ).

C. Affected Source

Seven commenters stated that the proposed rule was inconsistent with regard to its applicability to cleaning materials and preparation activities. The commenters requested revisions to the proposed rule related to its applicability to cleaning materials and preparation activities. We agree with the commenters that the final rule should not regulate cleaning materials and preparation materials in the slashing or the dyeing and finishing subcategories. Slashing and dyeing and finishing operations are aqueous processes, and, therefore, the cleaning materials and preparation activities used in these operations do not contain organic HAP. The most common cleaning material used in these operations is water. The final rule has been written to clarify that cleaning and preparation materials used in the slashing and the dyeing and finishing subcategories are not regulated materials. D. Emission Limits and Options

Seven commenters requested that an addon control compliance option be included in the final rule for the dyeing and finishing subcategory. The commenters pointed out that as the industry moves from mass base goods production to specialized niche production, and as new products and technologies are developed and implemented, flexibility in the production process will be the key to the survival of this industry. We agree
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with the commenters, and, therefore, in order to provide more compliance flexibility with the emission limits, the final rule has been written to include an emission rate with addon control device compliance option for the dyeing and finishing subcategory.

Numerous comments were received concerning high molecular weight, high boiling point, and highly watersoluble organic HAP from dyeing and finishing sources that are not emitted in the dyeing and finishing process but are discharged to the wastewater. This class of organic HAP has a low emission potential (i.e., low Henry's Law constant) and also are typically readily biodegraded; as a result they are not emitted to the atmosphere in wastewater collection and treatment operations. The commenters requested that the final rule should allow sources to take into account in their compliance demonstrations organic HAP that are discharged to the wastewater and not emitted to the atmosphere. The final rule has been written to allow a dyeing and finishing affected source to account for organic HAP that are discharged to wastewater. An equivalent emission rate compliance option has been written in the final rule, and a procedure has been added to account for the mass of organic HAP contained in wastewater discharged to a publically owned treatment works (POTW) or onsite secondary wastewater treatment.

In order to be able to use the equivalent emission rate compliance option, a source must make an initial compliance demonstration that at least 90 percent of the mass of organic HAP contained in dyeing and finishing materials applied in the affected source is discharged to the wastewater; and that the total organic HAP emissions from the dyeing and finishing affected source are less than 10 tpy. The source must also document that the affected wastewater streams are discharged to a POTW or treated onsite in a treatment system that includes at least secondary treatment with biological treatment processes.

E. Requirements for Compliance Options

Several commenters asserted that the proposed rule did not include a compliance option for the web coating and printing subcategory which takes into account processes that use reactive materials that are not emitted to the atmosphere. The final rule has been written to allow the use of EPA Method 24 of 40 CFR part 60 Appendix A, for multicomponent coatings with reactive materials to determine the mass fraction of non aqueous volatile matter. This empirical value can be used as a substitute for the mass fraction of organic HAP calculated from the sum of organic HAP in each coating component. Also, you may submit an alternative technique for approval by the Administrator, e.g., stack testing with an enclosure to quantify the organic HAP actually emitted from the web coating process.

Several commenters requested that the compliance period for affected sources using the emission rate compliance option be changed to a 12month rolling average period. Four of the commenters also submitted plant specific data demonstrating the extreme variability within both the coating and printing and the dyeing and finishing subcategories over time. The commenters asserted that a 12month rolling average would take into account the seasonal variations in this industry and would better reflect the data used to set the MACT floor. Upon review of the data submitted by the commenters, the final rule has been written to allow a 12month rolling average compliance period for sources using the emission rate compliance option. This would allow for the monthtomonth variability in organic HAP content of coating, dyeing, and finishing materials.

Several commenters stated that the proposed rule was unclear as to how the compliance averaging calculations for dyeing materials are to be performed. The final rule language has been written to clarify that these compliance averaging calculations for dyeing materials should include only regulated materials as received from the manufacturer or supplier, and prior to any onsite alteration of the material (e.g., mixing with solvent); and, that water added in a mixing operation is not a regulated material and should not be included in the determination of the total mass of dyeing and finishing materials applied during the compliance period. This would be consistent with how the MACT floors for this subcategory were calculated.
III. Summary of the Final Rule
A. What Source Categories and Subcategories Are Affected by the Final Rule?

The final rule applies to you if you own or operate a fabric or other textile coating, printing, slashing, dyeing, or finishing operation or group of such operations that is a major source, or is located at a major source, or is part of a major source of HAP emissions, whether or not you manufacture the substrate. The coating, printing, slashing, dyeing, or finishing operations themselves are not required to be major sources of HAP emissions in order for them to be covered by the final rule. As long as some part of the facility where the operations are located (e.g., a process boiler or manufacturing operation associated with production of the final product) causes it to be a major source, the coating, printing, slashing, dyeing, and finishing operations are subject to the standards.

Any major HAPemitting facility that performs coating, printing, slashing, dyeing, or finishing of fabric or other textiles is in this source category. As defined in the final rule, fabric or other textiles includes, but is not limited to, yarn, fiber, cord, thread, fabric and textile products, tents, roofing, soft baggage, marine fabric, drapery linings, flexible hoses, hotair balloons, and awnings. The source category includes three subcategories (web coating and printing, slashing, and dyeing and finishing) as described in the following paragraphs.

The web coating and printing subcategory encompasses coating activities and equipment used to apply semiliquid coating material to one or both sides of a textile web substrate. Once the coating is dried (and cured, if necessary) it bonds with the substrate to form a continuous solid film for decorative, protective, or functional purposes. Similarly, the web coating and printing subcategory includes printing activities and equipment used to apply color and patterns to textile substrates, usually in the form of a paste. After application of the printing material, the substrate is treated with steam, heat, or chemicals to fix the color.

The slashing subcategory includes the yarn preparation process performed on warp yarn prior to weaving. Slashing is the application of a chemical solution (known as sizing) to a yarn in a water solution followed by squeezing (dewatering) and drying.

The dyeing and finishing subcategory includes the equipment and operations involved in two separate but related processes that are both performed at some sources, while only one or the other is performed at other sources. Dyes and finishes are applied to yarn, fiber, cord, thread, or fabric in aqueous solutions and then dried. Dyeing is the application of color to the whole body of a textile substrate. Finishing is a process performed after dyeing that improves the appearance and/or usefulness of a textile substrate.

You are not subject to the final rule if your coating, printing, slashing, dyeing, or finishing operation is located at an area source. An area source of HAP
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is any facility that has the potential to emit HAP but is not a major source. You may establish area source status by limiting the source's potential to emit HAP through appropriate mechanisms available through your permitting authority.

Exclusions from the source category include coating, printing, slashing, dyeing or finishing at a source using only coating, printing, slashing, dyeing, finishing, thinning, and cleaning materials that contain no organic HAP as defined in the final rule; coating, printing, slashing, dyeing, or finishing that occurs in a research or laboratory operation or that is part of a janitorial, building, and facility maintenance operation; coating, printing, slashing, dyeing, or finishing used by a facility and not for commerce, unless organic HAP emissions from these operations equal or exceed the facility major source HAP emissions threshold; a web coating line that applies coatings to both paper and fabric and other textile substrates used in flexible packaging, pressure sensitive tape or abrasive materials or where fabric is being laminated to a paper; a web coating line that applies coatings to tire cord and that also sometimes applies coatings to textile cord used in the production of belts and hoses; a coating, slashing, dyeing, or finishing operation that is conducted during a synthetic fiber manufacturing process included in the affected source of a NESHAP under 40 CFR 63; and a web coating or printing operation conducted at ambient temperatures and that does not involve drying or curing equipment such as, ovens, tenter frames, steam cans, or dryers; and coating, printing, slashing, dyeing, or finishing operations performed onsite at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any State).

Web coating lines engaged in the coating of fabric and other webs on the same web coating line, must comply with the NESHAP applicable to the web coating line based on predominant surface coating activity conducted on the web coating line. Predominant activity has been determined to be 90 percent or more of the mass of substrate coated. For example, a web coating line that coats 90 percent paper and 10 percent fabric substrates would have to comply with the Paper and Other Web NESHAP (40 CFR 63, subpart JJJJ).

B. What Is the Affected Source?

An affected source is a stationary source, a group of stationary sources, or part of a stationary source to which a specific emission standard applies. The final rule defines the affected source for each subcategory respectively, as the collection of all equipment associated with the web coating and printing, the slashing, or the dyeing and finishing performed on a textile substrate. For the purpose of defining the affected source, the textile substrate includes staple fibers and filaments suitable for conversion to or use as yarns, or for the preparation of woven, knit, or nonwoven fabrics; yarns made from natural or manufactured fibers; fabrics and other manufactured products made from staple fibers and filaments and from yarn; and garments and other articles fabricated from fibers, yarns, or fabrics. Also for each subcategory, the specific regulated materials are defined. Regulated materials are the organic HAPcontaining materials that are the source of organic HAP emissions limited by the requirements of the NESHAP.

The affected source for the web coating and printing subcategory includes: All web coating and printing equipment used to apply cleaning materials to a substrate on the coating or printing line to prepare it for coating or printing material application, to apply coating or printing materials to a substrate and to dry or cure the coating or printing materials after application by exposure to heat or radiation (coating or printing material drying or curing); equipment used to clean web coating/printing operation equipment; all containers used for storage and vessels used for mixing coating, printing, thinning, or cleaning materials; all equipment and containers used for conveying coating, printing, thinning, or cleaning materials; all containers used for storage and all equipment and containers used for conveying waste materials generated by a web coating or printing operation; and all equipment, structures, and devices used to convey, treat, or dispose of wastewater streams or residuals generated by a web coating or printing operation. The regulated materials for the coating and printing subcategory are the coating, printing, thinning and cleaning materials used in the affected source.

The affected source for the slashing subcategory includes: All slashing equipment used to apply and dry size on warp yarn; all containers used for storage and vessels used for mixing slashing materials; all equipment and containers used for conveying slashing materials; all containers used for storage and all equipment and containers used for conveying waste materials generated by a slashing operation; and all equipment, structures, and devices used to convey, treat, or dispose of wastewater streams or residuals generated by a slashing operation. The regulated materials for the slashing subcategory are the slashing materials used in the affected source.

The affected source for the dyeing and finishing subcategory includes: All dyeing and finishing equipment used to apply dyeing or finishing materials, to fix dyeing materials to the substrate, to rinse the textile substrate, or to dry or cure the dyeing or finishing materials; all containers used for storage and vessels used for mixing dyeing or finishing materials; all equipment and containers used for conveying dyeing or finishing materials; all containers used for storage and all equipment and containers used for conveying waste materials generated by a dyeing or finishing operation; and all equipment, structures, and devices used to convey, treat, or dispose of wastewater streams or residuals generated by a dyeing or finishing operation. The regulated materials for the dyeing and finishing subcategory are the dyeing and finishing materials used in the affected source.
C. What Are the Emission Limits, Operating Limits, and Other Standards?

Today's final rule limits organic HAP emissions from coating, printing, slashing, dyeing, and finishing operations. The final rule includes emission limits, operating limits, and work practice standards. Emission limits are established for the web coating and printing, slashing, and dyeing and finishing subcategories. Operating limits and work practice standards are established for the web coating and printing, and the dyeing and finishing subcategories.

1. Emission Limits. In the web coating and printing subcategory, today's final rule provides you the option of limiting organic HAP emissions to the atmosphere from each new and reconstructed affected source to one of the following three specified levels: (1) At least a 98 percent organic HAP overall control efficiency (OCE limit); (2) no more than 0.08 kilograms (kg) organic HAP/kg of coating solids applied (0.08 pound (lb) organic HAP/lb of coating solids applied) during each 12month compliance period (emission rate limit); or (3) if you are using an oxidizer to control organic HAP emissions, operate the oxidizer such that an outlet organic HAP concentration of no greater than 20 parts per million by volume (ppmv) on a dry basis is achieved and maintain the efficiency of the capture system at 100 percent (outlet concentration limit). The organic HAP emission limits for each existing affected source in the web
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coating and printing subcategory are: (1) To achieve at least a 97 percent OCE limit; (2) an emission rate limit of no more than 0.12 kg organic HAP/kg of coating solids applied (0.12 lb organic HAP/lb of coating solids applied) in each 12month compliance period; or (3) if you are using an oxidizer to control organic HAP emissions, operate the oxidizer to achieve the outlet concentration limit of no greater than 20 ppmv on a dry basis and maintain the efficiency of the capture system at 100 percent.

You may choose from several compliance options in the final rule to achieve the web coating and printing emission limits. You can comply through a pollution prevention approach by applying regulated materials that meet the emission rate limits, either individually (compliant material option) or collectively (emission rate without addon controls option), during each compliance period. Second, you can use a capture system and addon control device to meet either the applicable organic HAP OCE limit or emission rate limit. Third, you can use a 100 percent efficient capture system and an oxidizer that reduces organic HAP emissions to no more than 20 ppmv.

In the slashing subcategory, we are requiring each new, reconstructed and existing affected source to emit no organic HAP. This is not an absolute zero organic HAP limit since the compliance procedures specify that to determine organic HAP emissions, you count only organic HAP present in the materials you use at 0.1 percent by mass or more for Occupational Safety and Health Administration (OSHA) defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1 percent or more for other organic HAP compounds. To comply with the slashing organic HAP emission limits, you must apply only materials that individually meet the standard during each compliance period.

In the dyeing and finishing subcategory, we are limiting organic HAP emissions from each new, reconstructed and existing affected source that conducts dyeing operations only or both dyeing and finishing operations to no more than 0.016 kg organic HAP per kg of dyeing material used (0.016 lb organic HAP per lb of dyeing material used) for each 12month compliance period. You can comply with the dyeing and finishing organic HAP emission rate by applying materials that meet the emission rate, either individually or collectively, during each 12 month compliance period. Each new, reconstructed and existing affected source that conducts only finishing operations is required to emit no more than 0.0003 kg of organic HAP per kg of finishing materials.

We are also including an equivalent emission rate option in the dyeing and finishing subcategory. In order to be able to use the equivalent emission rate compliance option, you must demonstrate that at least 90 percent of the mass of organic HAP contained in dyeing and finishing materials applied in the dyeing and finishing affected source are discharged to a wastewater treatment system and not emitted to the atmosphere; and that the total organic HAP emissions from the dyeing and finishing affected source must be less than 10 tons per year. To demonstrate continuous compliance you must document that your dyeing/ finishing affected source operates within the operating scenarios used to demonstrate initial compliance and that affected wastewater streams are discharged to a POTW or treated onsite in a wastewater treatment system with biological treatment. You also must maintain purchase records showing that organic HAP emissions do not exceed 10 tons for each 12month compliance period.

2. Operating Limits. If you reduce emissions from web coating and printing or dyeing and finishing operations by using a capture system and addon control device (other than a solvent recovery system for which you conduct a liquidliquid material balance), the operating limits apply to you. These limits are sitespecific parameter limits that you determine during the initial performance test of the emission control system. For capture systems, you must develop a capture system monitoring plan. The monitoring plan must identify the operating parameter to be monitored, explain why this parameter is appropriate for demonstrating ongoing compliance, and identify the specific monitoring procedures. In the plan, you must specify operating limits for the capture system operating parameter that demonstrate compliance with the applicable emission standard in the final rule. The monitoring plan must be available for inspection by your permitting authority upon request.

For thermal oxidizers, you must monitor the temperature in the firebox. For catalytic oxidizers, you either monitor the temperature at the inlet to the catalyst bed and the temperature difference across the catalyst bed, or you monitor the temperature at the inlet to the catalyst bed and prepare and implement an inspection and maintenance plan that includes periodic catalyst activity checks. For a control device other than an oxidizer or if you wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of an alternative monitoring method.

The sitespecific parameter limits that you establish must reflect operation of the capture system and addon control devices during a performance test that demonstrates achievement of the emission limits during representative operating conditions.

3. Work Practice Standards. If you use an emission capture system and addon control device for compliance, you are required to develop and implement a work practice plan to minimize organic HAP emissions from mixing operations, storage tanks and other containers, and handling operations for regulated materials and waste materials.

4. Operations During Startup, Shutdown, or Malfunction. If you use a capture system and addon control device for compliance, you are required to develop and operate according to a startup, shutdown, and malfunction plan (SSMP) during periods of startup, shutdown, or malfunction of the capture system and addon control device.

5. General Provisions. The General Provisions (40 CFR part 63, subpart A) also apply to you as indicated in the final rule. The General Provisions codify certain procedures and criteria for all 40 CFR part 63 NESHAP. The General Provisions contain administrative procedures, preconstruction review procedures for new sources, and procedures for conducting compliancerelated activities such as notifications, reporting and recordkeeping, performance testing, and monitoring. The final rule refers to individual sections of the General Provisions to emphasize key sections that are relevant. However, unless specifically overridden in the final rule, all of the applicable General Provisions requirements apply to you.
D. What Are the Testing and Initial Compliance Requirements?

1. Compliance Dates. Existing affected sources will have to be in compliance with today's final rule no later than May 30, 2006. New and reconstructed affected sources will have to be in compliance upon startup of the affected source or by May 29, 2003, whichever is later.

Except for affected sources required to conduct performance tests, the initial compliance period for the compliant material option or the organic HAP overall control efficiency and oxidizer outlet organic HAP concentration options begins on the compliance date
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and ends on the last day of the first full month following the compliance date. For affected sources required to conduct performance tests, the initial compliance period ends on the last day of the first full month following the performance test if the performance test is conducted later than the compliance date (the final rule allows the test to be conducted up to 180 days later).

Except for affected sources required to conduct performance tests, the initial compliance period for the emission rate without addon controls option and the emission rate with addon controls option begins on the compliance date and ends on the last day of the 12th full month following the compliance date. For affected sources required to conduct performance tests, the initial compliance period ends on the last day of the 12th full month following the performance test if the performance test is conducted later than the compliance date (the final rule allows the test to be conducted up to 180 days later).

Being in compliance means that the owner or operator of the affected source meets the requirements to achieve the emission limitations during the initial compliance period. At the end of the initial compliance period, the owner or operator will use the data and records generated to determine whether or not the affected source is in compliance with the organic HAP emission limit and other applicable requirements for that period. If the affected source does not meet the emission limit and other applicable requirements, it is out of compliance for the entire initial compliance period.

2. Emission Limits. With the exception of the slashing emission limit, there are several options for complying with the various emission limits specified in today's rule; the testing and initial compliance requirements vary accordingly. You will be able to use different compliance options for different coating, printing, dyeing, and finishing operations in the affected source for each subcategory and also for the same operation at different times, with the exception of the equivalent emission rate option for the dyeing and finishing affected source. If you choose to apply the equivalent emission rate option to your dyeing and finishing operations, it must be applied to the entire dyeing and finishing affected source.

3. Compliance Based on Materials Applied in the Affected Source. If you demonstrate compliance with the web coating and printing emission limits based on the materials applied, you must determine the mass of organic HAP and the mass fraction of solids in all materials applied during the initial compliance period. You are required to demonstrate either that the organic HAP content of each coating and printing material meets the applicable emission limit and that you apply no organic HAPcontaining thinning or cleaning materials (compliant material option); or that the total mass of organic HAP in all coating, printing, thinning, and cleaning materials applied divided by the total mass of solids in coating and printing materials applied meets the applicable emission limit (emission rate without addon controls option).

The compliant material option is a pollution prevention option that allows you to easily demonstrate compliance by applying only low organic HAP or nonorganic HAP coating and printing materials. If you apply coating and printing materials that, based on their organic HAP content, individually meet the kg (lb) organic HAP emitted per kg (lb) solids applied levels in the applicable emission limits of the final rule and you apply only nonorganic HAP thinners and other additives and cleaning materials, this compliance option is available to you. For this option, we have minimized recordkeeping and reporting requirements. You demonstrate compliance by using readily available purchase records containing manufacturer's formulation data to determine the organic HAP content of each coating, printing, or other material and the amount of each material applied. You do not need to perform any detailed emission rate calculations.

To demonstrate compliance with the compliant material option, you must demonstrate that the organic HAP content of each coating and printing material applied meets the applicable emission limit in the final rule, and that you applied no organic HAPcontaining thinning or cleaning materials. For example, if you are using the compliant materials option for your existing source, you must demonstrate that: (1) Each coating and printing material applied has an organic HAP content no greater than 0.12 kg (0.12 lb) organic HAP per kg (lb) solids applied, (2) and that you applied no organic HAPcontaining thinning or cleaning materials. Note that no organic HAP is not intended to mean a zero concentration. Materials that contain no organic HAP as defined in the final rule mean materials that contain organic HAP levels below typical reporting levels. These typical reporting levels only count organic HAP that are present at 0.1 percent or more by mass for OSHAdefined carcinogens and at 1.0 percent or more by mass for other compounds.

To determine the mass fraction of organic HAP in coating, printing, thinning, and cleaning materials and the mass fraction of solids in coating and printing materials, you may rely on manufacturer's formulation data. You are not required to perform tests or analysis of the material if formulation data are available. Alternatively, you can use results from the test methods listed below. You may also use alternative test methods provided you get EPA approval in accordance with 40 CFR 63.7(f). However, if there is any inconsistency between the test method results (either EPA's or an approved alternative) and manufacturer's data, the test method results would prevail for compliance and enforcement purposes.
[sbull] For mass fraction of organic HAP, you use EPA Method 311 of 40 CFR part 63, appendix A;
[sbull] The final rule allows you to use nonaqueous volatile matter as a surrogate for organic HAP, which would include all organic HAP plus all other organic compounds, and excluding water. If you choose this option, you use EPA Method 24 of 40 CFR part 60, appendix A; and [sbull] For mass fraction of solids, you use EPA Method 24 of 40 CFR part 60, appendix A.

For multicomponent coatings with reactive materials, the final rule allows the use of EPA Method 24 on the coating as applied to determine the mass fraction of nonaqueous volatile matter. You may use that value as a substitute for the mass fraction of organic HAP determined from the sum of organic HAP in each coating component. Also, you may submit an alternative technique for approval by the Administrator, (e.g., stack testing with an enclosure) to quantify the organic HAP actually emitted from the coating process.

The emission rate without addon controls option is a pollution prevention option where you can demonstrate compliance based on the organic HAP contained in the mix of coating, printing, thinning, and cleaning materials you apply. This option allows you the flexibility to apply some individual coating or printing materials that do not individually meet the emission limit if you apply other loworganic HAP or nonorganic HAP coating or printing materials such that overall emissions from the affected source during the compliance period meet the emission limit.

To demonstrate initial compliance with the emission rate limit without
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addon controls option, you are required to:
[sbull] Determine the quantity of each coating, printing, thinning, and cleaning material you applied.
[sbull] Calculate the mass of organic HAP in each coating, printing, thinning, and cleaning material you applied using the same types of data and methods previously described for the compliant material option.
[sbull] Determine the mass fraction of solids for each coating and printing material you applied using the same types of data or methods described for the compliant material option.
[sbull] Calculate the total mass of organic HAP in all regulated materials applied and total mass of solids for all coating and printing materials applied. You may subtract from the total mass of organic HAP the amount contained in waste materials you send to a hazardous waste treatment, storage, and disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
[sbull] Calculate the ratio of the total mass of organic HAP to the total mass of solids for the regulated materials applied.
[sbull] Record the calculations and results and include them in your Notification of Compliance Status.

Note that if you choose to use this option for a particular web coating/printing operation or group of operations rather than for an entire affected source, you must calculate the organic HAP emission rate using just the materials applied in that operation or group. You are required to separately demonstrate compliance for all other operations in the affected source.

To demonstrate compliance with the slashing emission limits, you must use the compliant material option and demonstrate that each slashing material applied during the initial compliance period contains no organic HAP. As was noted regarding thinning or cleaning materials applied in web coating/printing operations, no organic HAP is not intended to mean a zero concentration. Materials that contain no organic HAP should be interpreted to mean materials that contain organic HAP levels below the levels defined in the final rule, which (as previously noted) are typical reporting levels.

To demonstrate compliance with the dyeing and finishing emission limits, you are required to demonstrate either that the organic HAP content of each dyeing and finishing material applied meets the applicable emission limit (compliant material option), or that the total mass of organic HAP in all dyeing and finishing materials applied divided by the total mass of dyeing and finishing materials applied meets the applicable emission limit (emission rate without addon controls option).

As previously described for web coating/printing operations, the compliant material option is a pollution prevention option that allows you to easily demonstrate compliance by applying only loworganic HAP or nonorganic HAP dyeing and finishing materials. To demonstrate compliance with the compliant material option, you must demonstrate that the organic HAP content of each dyeing and finishing material applied meets the applicable emission limit in the final rule. To determine the mass of organic HAP in dyeing and finishing materials, you must rely on manufacturer's formulation data. You are not required to perform tests or analysis of the material.

Again as previously described for web coating/printing operations, the emission rate without addon controls option is a pollution prevention option where you can demonstrate compliance based on the organic HAP contained in the mix of dyeing and finishing materials you apply. This option allows you more flexibility than the compliant material option, but requires the calculation of the emission rate each month, for that month and the preceding 11 months. To demonstrate initial compliance with the emission rate without addon controls option, you are required to:
[sbull] Determine the mass of each dyeing and finishing material you applied.
[sbull] Calculate the mass of organic HAP in each dyeing and finishing material you applied.
[sbull] Calculate the total mass of organic HAP in all regulated materials and the total mass of all regulated materials applied for the compliance period. You may subtract from the total mass of organic HAP the amount contained in waste materials you send to a hazardous waste treatment, storage, and disposal facility regulated under 40 CFR part 262, 264, 265, or 266. You also may subtract from the total mass of organic HAP the amount demonstrated to be discharged to wastewater treatment and not emitted to the atmosphere, in accordance with the final rule requirements.
[sbull] Calculate the ratio of the total mass of organic HAP in the regulated materials applied to the total mass of regulated materials applied.
[sbull] Record the calculations and results and include them in your Notification of Compliance Status.

Note that if you choose to use this option for a particular dyeing/ finishing operation or group of operations rather than for an entire affected source, you would calculate the organic HAP emission rate using just the affected materials applied in that operation or group. You would need to separately demonstrate compliance for all other operations in the affected source.

You may also choose to use the equivalent emission rate option for your dyeing/finishing affected source. If you choose to use the equivalent emission rate option, it must be applied to the entire affected source; you may not use any other compliance option provided for any dyeing/finishing operation in your dyeing/finishing affected source.

In order to be able to use the equivalent emission rate option, you must demonstrate that at least 90 percent of the mass of organic HAP contained in dyeing and finishing materials applied in the dyeing/ finishing affected source are discharged to the wastewater treatment system and not emitted to the atmosphere; and the total organic HAP emissions from the dyeing/finishing affected source must be less than 10 tons per year.

To demonstrate initial compliance with the equivalent emission rate option, you are required to:
[sbull] Determine the average organic HAP concentration of each affected wastewater stream using EPA Methods 305, 624, 625, 1624, 1625; other EPA methods; or methods other than EPA methods in accordance with specified requirements. You must consider the actual or anticipated production over the compliance period and include all wastewater streams generated by the affected dyeing/finishing operation(s) during this period. A performance test must be performed to characterize the wastewater stream generated for each operating scenario (in terms of factors affecting the fraction of organic HAP discharged to the wastewater, such as the type of substrate, the type and mass fraction of organic HAP entering the dyeing/finishing operation, and the process temperature and pressure) during the compliance period.
[sbull] Determine the mass flow rate of each wastewater stream using knowledge of the wastewater, historical records, or measurement. [sbull] Document the wastewater is either discharged to a POTW or treated onsite in a treatment system that includes at least secondary treatment with biological treatment processes.
[sbull] Determine the mass of organic HAP contained in all of the wastewater streams characterized by the performance testing. [sbull] Determine the fraction of organic HAP applied in the dyeing/finishing affected source that is discharged to the
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wastewater. At least 90 percent of the organic HAP applied must be discharged to the wastewater.
[sbull] Determine the organic HAP emissions from the dyeing/ finishing affected source. Organic HAP emissions must be less than 10 tons per year.
[sbull] Record the calculations and results and include them in your Notification of Compliance Status.

4. Compliance Based on Using a Capture System and Addon Control Device. If you use a capture system and addon control device on a web coating/printing operation, other than a solvent recovery system for which you conduct a liquidliquid material balance, you must determine the capture and control efficiencies of the equipment or the oxidizer outlet organic HAP concentration. For the organic HAP emission rate limit, you also must determine the mass fraction of organic HAP and the mass fraction of solids in all materials applied during the initial compliance period. You are required to demonstrate either that the organic HAP OCE is greater than or equal to the applicable organic HAP OCE limit, that the oxidizer outlet organic HAP concentration is no greater than 20 ppmv on a dry basis and the efficiency of the capture system is 100 percent, or that the capture and control system reduces organic HAP emissions to a level no greater than the applicable emission rate limit in the final rule.

If you use a solvent recovery system for which you conduct a liquidliquid material balance, you are required to demonstrate either that the organic HAP OCE determined by material balance during the initial compliance period is greater than or equal to the applicable organic HAP OCE limit or that the solvent recovery system reduces organic HAP emissions to a level no greater than the applicable emission rate limit.

The testing and initial compliance requirements associated with determining the OCE of the capture system and addon control device are summarized in the following paragraphs.

If you use a capture system and addon control device, other than a solvent recovery system for which you conduct material balances, you are required to conduct an initial performance test to determine the capture and control efficiencies of the equipment (or the capture efficiency of the capture system and the oxidizer outlet organic HAP concentration) and to establish operating limits to be achieved on a continuous basis. The performance test must be completed no later than 180 days after the compliance date for affected sources. If you are demonstrating compliance with the applicable emission rate limit with addon controls, you must schedule the performance test in time to obtain the results for use in calculating your emission rate for the initial compliance period.

You must determine both the efficiency of the capture system and either the organic HAP emission reduction efficiency of the addon control device or the outlet organic HAP concentration of the oxidizer. To determine the capture efficiency, you must either verify the presence of a permanent total enclosure (PTE) using EPA Method 204 of 40 CFR part 51, appendix M (and all materials must be applied and dried or cured within the enclosure); or use one of three protocols in the final rule to measure capture efficiency. If you have a PTE and all regulated materials are applied and dried or cured within the enclosure and you route all exhaust gases from the enclosure to an addon control device, then you assume 100 percent capture. To demonstrate compliance with the oxidizer outlet organic HAP concentration limit, 100 percent capture is required.

To determine the organic HAP emission reduction efficiency of the addon control device, you must conduct measurements of the inlet and outlet gas streams. Only the outlet gas stream must be measured to determine outlet organic HAP concentration. The performance test must consist of three runs, each run lasting 1 hour, using the following EPA Methods in 40 CFR part 60, appendix A:
[sbull] Method 1 or 1A for selection of the sampling sites. [sbull] Method 2, 2A, 2C, 2D, 2F, or 2G to determine the gas volumetric flow rate.
[sbull] Method 3, 3A, or 3B for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME PTC 19.101981. [sbull] Method 4 to determine stack moisture.
[sbull] Method 25 or 25A to determine organic volatile matter concentration. You must use Method 25A to demonstrate compliance with the oxidizer outlet organic HAP concentration limit because the limit is less than 50 ppmw. Alternatively, any other test method or data that have been validated according to the applicable procedures in Method 301 of 40 CFR part 63, appendix A, and approved by the Administrator, could be used.

If you use a solvent recovery system, you may determine the OCE using a liquidliquid material balance instead of conducting an initial performance test. If you use the material balance alternative, you are required to measure the amount of all regulated materials applied during the initial compliance period and determine the total volatile matter contained in these materials. You must also measure the amount of volatile matter recovered by the solvent recovery system during the compliance period. Then you must compare the amount recovered to the amount used to determine the OCE. You must record the calculations and results and include them in your Notification of Compliance Status.

Additional testing and initial compliance requirements associated with demonstrating compliance using the emission rate with addon controls option are as follows:
[sbull] Determine the mass fraction of organic HAP in each coating, printing, thinning, and cleaning material applied and the mass fraction of solids in coating and printing materials applied during the initial compliance period, as described previously.
[sbull] Calculate the total mass of organic HAP in all regulated materials and total mass of solids for all coating and printing materials. You may subtract from the total mass of organic HAP the amount contained in waste materials you send to a hazardous waste treatment, storage, and disposal facility regulated under 40 CFR part 262, 264, 265, or 266.
[sbull] Calculate the organic HAP emissions reductions from the controlled web coating or printing operations using the capture and control efficiencies determined during the performance test or the materials balance for the compliance period and the total mass of organic HAP in regulated materials applied in controlled web coating and printing operations.
[sbull] Calculate the ratio of the total mass of organic HAP emissions to the total mass of solids for the regulated materials applied during the initial compliance period.
[sbull] Record the calculations and results and include them in your Notification of Compliance Status.
[sbull] Develop and implement a work practice plan to minimize emissions from storage, mixing, and handling of organic HAPcontaining materials.

If you choose to comply with the organic HAP emission rate limit by using a capture system and addon control device on a dyeing/finishing operation, other than a solvent recovery system for which you conduct a liquidliquid material balance, you must
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determine the capture and control efficiencies of the equipment. You also must determine the mass fraction of organic HAP and the mass of all dyeing and finishing materials applied during the initial compliance period. You are required to demonstrate that the capture and control system reduces organic HAP emissions to a level no greater than the applicable emission rate limit in the final rule.

If you use a solvent recovery system for which you conduct a liquidliquid material balance, you are required to demonstrate that the solvent recovery system reduces organic HAP emissions to a level no greater than the applicable emission rate limit.

The testing and initial compliance requirements associated with determining the OCE of the capture system and addon control device are summarized in the following paragraphs.

If you use a capture system and addon control device, other than a solvent recovery system for which you conduct material balances, you are required to conduct an initial performance test to determine the capture and control efficiencies of the equipment and to establish operating limits to be achieved on a continuous basis. The performance test must be completed no later than 180 days after the compliance date for affected sources. To demonstrate compliance with the applicable emission rate limit with addon controls, you must schedule the performance test in time to obtain the results for use in calculating your emission rate for the initial comp

FOR FURTHER INFORMATION CONTACT For information concerning applicability and rule determinations, contact your State or local air pollution control agency representative or the appropriate EPA Regional Office Representative. For information concerning the analyses performed in developing the final rule, contact Mr. Paul
Almod[oacute]var, Coatings and Consumer Products Group (C53903), Emission Standards Division, U.S. EPA, Research Triangle Park, NC 27711; telephone number (919) 5410283; facsimile number (919) 541 5689; electronic mail (email) address: almodovar.paul@epa.gov.