Browse: Departments Dates Agencies
ENVIRONMENTAL PROTECTION AGENCY
Veterans Affairs Department
CFR Citation: 40 CFR Part 63
RIN ID: RIN 2060-AG57
OAR ID: [OAR-2002-0074; FRL-7554-4]
NOTICE: Part II
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY: National Emission Standards for Hazardous Air Pollutants: Surface Coating of Plastic Parts and Products
DATES: The final rule is effective April 19, 2004. The incorporation by reference of certain publications listed in the final rule is approved by the Director of the Federal Register as of April 19, 2004.
DOCUMENT SUMMARY: This action promulgates national emission standards for hazardous air pollutants (NESHAP) for plastic parts and products surface coating operations located at major sources of hazardous air pollutants (HAP). The final rule implements section 112(d) of the Clean Air Act (CAA) by requiring these operations to meet HAP emission standards reflecting the application of the maximum achievable control technology (MACT). The final rule will protect air quality and promote the public health by reducing emissions of HAP from facilities in the plastic parts and products surface coating source category. The organic HAP emitted by these operations include methyl ethyl ketone (MEK), methyl isobutyl ketone (MIBK), toluene, ethylene glycol monobutyl ether (EGBE) and other glycol ethers, and xylenes. Exposure to these substances has been demonstrated to cause adverse health effects such as irritation of the lung, skin, and mucous membranes, and effects on the central nervous system, liver, and heart. In general, these findings have only been shown with concentrations higher than those typically in the ambient air. The final standards are expected to reduce nationwide organic HAP emissions from major sources in this source category by approximately 80 percent.
SUMMARY: Environmental Protection Agency,
SUPPLEMENTAL INFORMATION
Regulated Entities. The source category definition includes facilities that apply coatings to plastic parts and products. In general, facilities that coat plastic parts and products are covered under the North American Industrial Classification System (NAICS) codes listed in Table 1. However, facilities classified under other NAICS codes may be subject to the final standards if they meet the applicability criteria. Not all facilities classified under the NAICS codes in the following table will be subject to the final standards because some of the classifications cover products outside the scope of the NESHAP for plastic parts and products.Table 1.Categories and Entities Potentially Regulated by the Final Rule Category NAICS Examples of potentially regulated entities Industrial............................ 337214 Office furniture, except wood. 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). 333313 Office machines. 33422 Radio and television broadcasting and communications equipment (e.g., cellular telephones). 336211 Motor Vehicle Body Manufacturing. 336399 Motor vehicle parts and accessories. 336212 Truck Trailer Manufacturing. 336213 Motor Home Manufacturing. 336214 Travel Trailer and Camper Manufacturing. 336999 Transportation equipment not elsewhere classified (e.g., snowmobile hoods, running boards, tractor body panels, personal watercraft parts). 339111, 339112 Medical equipment and supplies. 33992 Sporting and athletic goods. 33995 Signs and advertising specialties. 339999 Manufacturing industries not elsewhere classified (e.g., bezels, consoles, panels, lenses). Federal, State, and Local Governments. ....................... Government owned or operated facilities that perform plastic parts and products surface coating.
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 coating operation is regulated by this action, you should examine the applicability criteria in Sec. 63.4481 of the final rule.
Docket. The EPA has established an official public docket for this
action under Docket ID No. OAR20020074 (formerly docket No. A9912).
The official public docket consists of the documents specifically
referenced in 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 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. [[Page 20969]]
The EPA Docket Center Public Reading Room 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) 5661744, and the
telephone number for the Docket is (202) 5661742. A reasonable fee may be charged for copying docket materials.
Electronic Docket Access. You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr.
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 be available on the http://WWW. Following the Administrator's signature, a copy of the final rule will be posted at http://www.epa.gov/ttn/oarpg on EPA's Technology Transfer Network (TTN) policy and guidance page for newly proposed or promulgated rules. 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. Under section 307(b)(1) of the CAA, judicial review of the final rule is available only by the filing of a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by June 18, 2004. Under section 307(d)(7)(B) of the CAA, only an objection to the rule that was raised with reasonable specificity during the period for public comment can be raised during judicial review. Under section 307(b)(2) of the CAA, the requirements established by the final rule may not be challenged separately in any civil or criminal proceedings brought by EPA to enforce these requirements.
Outline: The following outline is provided to aid in reading the preamble to the final rule:
I. Background
A. What is the Source of Authority for Development of NESHAP?
B. What Criteria are Used in the Development of NESHAP?
C. What are the Primary Sources of Emissions and what are the Emissions?
D. What are the Health Effects Associated with Organic HAP Emissions from the Surface Coating of Plastic Parts and Products? II. Summary of the Final Rule
A. What Source Categories and Subcategories are Affected by the Final Rule?
B. What is the Relationship to Other Rules?
C. What is the Affected Source?
D. What are the Emission Limits, Operating Limits, and Other Standards?
E. What are the Testing and Initial Compliance Requirements?
F. What are the Continuous Compliance Provisions?
G. What are the Notification, Recordkeeping, and Reporting Requirements?
III. What are the Significant Changes Since Proposal?
A. Applicability
B. Scope of Category
C. Emission Limits
D. Method for Determining HAP Content
E. Deviations from Operating Parameters
F. New Alternatives to Facilitate Compliance with Multiple Coating NESHAP and Multiple Emission Limits
IV. What are the Responses to Significant Comments?
A. Applicability and Scope of Source Category
B. Overlap with Rules for Other Source Categories
C. The MACT Floor Approach and Database
D. Compliance Options for Meeting the Emission Limits
E. Methods for Determining HAP Content of Coatings
F. Notification Requirements
G. Compliance Requirements for Sources with Addon Controls V. 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?
VI. 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 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
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 Plastic Parts and Products (Surface Coating) category of major sources was listed on July 16, 1992 (57 FR 31576), under the Surface Coating Processes industry group. Major sources of HAP are those that emit or have the potential to emit considering controls equal to or greater than 9.1 megagrams per year (Mg/yr) (10 tons per year (tpy)) of any one HAP or 22.7 Mg/yr (25 tpy) of any combination of HAP.
B. What Criteria Are Used in the Development of NESHAP?
Section 112(c)(2) of the CAA requires that we establish NESHAP for the control of HAP from both new and existing major sources, based upon the criteria set out in section 112(d). The CAA requires the NESHAP to reflect the maximum degree of reduction in emissions of HAP that is achievable, taking into consideration the cost of achieving the emission reduction, any nonair quality health and environmental impacts, and energy requirements. This level of control is commonly referred to as MACT.
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 at least as stringent as that already achieved by the bettercontrolled and loweremitting sources in each source category or subcategory. For new sources, the MACT floor 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 the final NESHAP, we considered control options that
are more stringent than the MACT floor, taking into account
consideration of the cost of achieving the emission reduction, any [[Page 20970]]
nonair quality health and environmental impacts, and energy
requirements. In the final rule, EPA is promulgating standards for both
existing and new sources consistent with these statutory requirements.
C. What Are the Primary Sources of Emissions and What Are the Emissions?
The final NESHAP regulate emissions of organic HAP. Available emission data collected during the development of the final NESHAP show that the primary organic HAP emitted from the surface coating of plastic parts and products operations include MEK, MIBK, toluene, and xylenes. These compounds account for over 85 percent of this category's nationwide organic HAP emissions. Other organic HAP emissions identified include EGBE and other glycol ethers.
The majority of organic HAP emissions from a facility engaged in plastic parts and products surface coating operations can be attributed to the application, drying, and curing of coatings. The remaining emissions are primarily from cleaning operations. In most cases, organic HAP emissions from mixing, storage, and waste handling are relatively small.
The organic HAP emissions associated with coatings (the term ``coatings'' includes protective and decorative coatings as well as adhesives) occur at several points. Coatings are most often applied either by using a spray gun in a spray booth or by dipping the substrate in a tank containing the coating. In a spray booth, volatile components evaporate from the coating as it is applied to the part and from the overspray. The coated part then passes through an open (flash off) area where additional volatiles evaporate from the coating. Finally, the coated part passes through a drying/curing oven, or is allowed to air dry, where the remaining volatiles are evaporated.
Organic HAP emissions also occur from the activities undertaken during cleaning operations where solvent is used to remove coating residue or other unwanted materials. Cleaning in this industry includes cleaning of spray guns and transfer lines (e.g., tubing or piping), tanks, and the interior of spray booths. Cleaning also includes applying solvents to manufactured parts prior to coating application and to equipment (e.g., cleaning rollers, pumps, conveyors, etc.).
Mixing and storage are other sources of emissions. Organic HAP emissions can occur from displacement of organic vaporladen air in containers used to store organic HAP solvents or to mix coatings containing organic HAP solvents. The displacement of vaporladen air can occur during the filling of containers and can be caused by changes in temperature or barometric pressure, or by agitation during mixing. D. What Are the Health Effects Associated With Organic HAP Emissions From the Surface Coating of Plastic Parts and Products?
The HAP to be controlled with the final rule are associated with a variety of adverse health effects. These adverse health effects include chronic health disorders (e.g., birth defects and effects on the central nervous system, liver, and heart), and acute health disorders (e.g., irritation of the lung, skin, and mucous membranes, and effects on the central nervous system).
We do not have the type of current detailed data on each of the
facilities covered by these emission standards for this source
category, and the people living around the facilities, that would be
necessary to conduct an analysis to determine the actual population
exposures to the organic 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.
II. 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 plastic parts and products surface coating facility that is a major source, or is located at a major source, or is part of a major source of HAP emissions. We define a plastic parts and products surface coating facility as any facility engaged in the surface coating of any plastic part or product. If application of coating to a substrate occurs, then surface coating also includes associated activities, such as surface preparation, cleaning, mixing, and storage. However, these associated activities do not comprise surface coating if the application of coating does not occur. Coating application with handheld, non refillable aerosol containers, touchup markers, marking pens, or the application of paper film or plastic film which may be precoated with an adhesive by the manufacturer is not a coating operation for the purposes of the final rule.
You will not be subject to the final rule if your plastic parts and products surface coating facility is located at an area source. An area source of HAP 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.
The final rule does not apply to surface coating or a coating operation that meets any of the criteria listed below:
[[Page 20971]]
Coating NESHAP (40 CFR part 63, subpart QQQQ; 68 FR 31746, May 28, 2003).
If you perform surface coating of plastic parts or products that meet the applicability criteria for both the Automobiles and LightDuty Trucks NESHAP (40 CFR part 63, subpart IIII (under development)) and these NESHAP, then you may comply with the requirements of the Automobiles and LightDuty Trucks NESHAP for the surface coating of all your plastic parts used in automobile or lightduty truck manufacturing in lieu of complying with each subpart separately.
The final rule contains four subcategories: general use coating, thermoplastic olefin (TPO) coating, automotive lamp coating, and assembled onroad vehicle coating. The general use subcategory includes all surface coating operations in the plastic parts and products source category that are not included in the other four subcategories. This includes operations that coat a wide variety of substrates, surfaces, and types of plastic parts, as well as more specialized coating scenarios. The TPO subcategory encompasses all materials used in the surface coating of TPO substrates for automotive applications. The TPO subcategory requires the use of solvents to facilitate proper adhesion of coatings. The automotive lamp subcategory addresses the unique requirements for surface coating of exterior automotive lamps (e.g., headlamps, tail lamps, etc.). Automotive lamps are subject to regulatory requirements established by the National Highway Traffic Safety Administration resulting in the use of specific coatings to achieve required performance specifications. The assembled onroad vehicle subcategory addresses surface coating of fullyassembled vehicles that are physically larger than the other plastic parts and products coated in this source category and that may contain heat sensitive parts. The large size and presence of heatsensitive parts make certain lowerHAP technologies, such as heatcured waterborne coatings, infeasible for assembled onroad vehicles. The assembled on road vehicle subcategory will affect primarily recreational vehicle manufacture and automobile body refinishing.
Each subcategory consists of all coating operations, including associated surface preparation, equipment cleaning, mixing, storage, and waste handling.
B. What Is the Relationship to Other Rules?
The new source performance standards (NSPS) that could potentially apply to sources also subject to the final rule are the Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines (40 CFR part 60, subpart TTT). The NSPS apply to facilities that apply coatings to plastic parts for use in business machines if the facility began construction, reconstruction, or modification after January 8, 1986. The pollutants regulated are volatile organic compounds. Because of the differences between the NSPS and the NESHAP, compliance with either rule cannot be deemed compliance with the other. A plastic parts and products surface coating operation that meets the applicability requirements of both the NSPS and the NESHAP must comply with both.
Affected sources that meet the applicability criteria in the final plastic parts and products rule may also meet the applicability criteria of other coating NESHAP. For example, some facilities that coat plastic and metal parts using the same or different coatings, coating application processes, and conveyance equipment, either simultaneously or at alternative times could be subject to both the Plastic Parts and Products Surface Coating NESHAP and the Miscellaneous Metal Parts and Products Surface Coating NESHAP (40 CFR part 63, subpart MMMM).
In the final rule, we have minimized the burden of complying with multiple surface coating emission limits by offering two alternatives to complying separately with each applicable emission limit. The first alternative allows a facility to have all applicable surface coating operations comply with the emission limit that represents the predominant type of coating activity at that facility. Predominant activity means the coating activity that represents 90 percent or more of the surface coating activities at a facility. For example, if a facility is subject to both the Plastic Parts and Miscellaneous Metal Parts NESHAP and the activities subject to the Miscellaneous Metal Parts NESHAP account for 90 percent or more of the surface coating activity at the facility, then the facility may comply with the emission limitations for miscellaneous metal parts and products for both types of surface coating operations.
The predominant activity alternative may be applied if 90 percent or more of the surface coating is in the general use or TPO coating subcategory; however, this alternative is not available where assembled onroad vehicle, or automotive lamp coating represents the predominant activity. The emission limits for those two subcategories reflect specialized performance requirements and the need for higherHAP containing materials. It would not be appropriate to apply emission limits specifically developed for unique performance characteristics to other types of coatings.
You must include all surface coating activities that meet the applicability criteria of a subcategory in a surface coating NESHAP and constitute more than 1 percent of total coating activities. Coating activities that meet the applicability criteria of a subcategory in a surface coating NESHAP but comprise less than 1 percent of total coating activities need not be included in the determination of predominant activity but they must be included in the compliance calculations.
The second alternative allows a facility to calculate and comply
with a facilityspecific emission limit for each 12month rolling
average compliance period. The facility would use the relative amount
of coating activity subject to each emission limit in each NESHAP to
calculate a weighted, or composite, emission limit for that facility.
Compliance with that facilityspecific emission limit for all surface coating activities included in the
[[Page 20972]]
facilityspecific emission limit constitutes compliance with the
emission limits in the Plastic Parts NESHAP, as well as other applicable NESHAP.
As with the predominant activity alternative, you must include all surface coating activities that meet the applicability criteria of a subcategory in a surface coating NESHAP and constitute more than 1 percent of total coating activities. Coating activities that meet the applicability criteria of a subcategory in a surface coating NESHAP but comprise less than 1 percent of total coating activities need not be included in the facilityspecific emission limit calculation, but they must be included in the compliance calculations.
C. What Is the Affected Source?
We define an affected source as 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 as the collection of all operations associated with the surface coating of plastic parts and products within each of the four subcategories (TPO, automotive lamps, assembled onroad vehicle, and general use). If application to a substrate occurs, these operations include preparation of a coating for application (e.g., mixing with thinners and/or other additives); surface preparation of the plastic parts and products (including the use of a cleaning material to remove dried coating); coating application and flashoff; drying and/or curing of applied coatings; cleaning of equipment used in surface coating; storage of coatings, thinners and/or other additives, and cleaning materials; and handling and conveyance of waste materials from the surface coating operations. The coating operation does not include the application of coatings using handheld nonrefillable aerosol containers, touchup markers, marking pens, or the application of paper film or plastic film that may be precoated with an adhesive by the manufacturer. D. What Are the Emission Limits, Operating Limits, and Other Standards?
Emission Limits. We are limiting organic HAP emissions from each
existing affected source using the emission limits in Table 2 of this
preamble. For each new or reconstructed affected source, the final
emission limits are given in Table 3 of this preamble. For each of the
subcategories, the emission limit is expressed as the mass of organic
HAP emissions per mass of coating solids used during each 12month compliance period.
Table 2.Emission Limits for Existing Affected Sources
The organic HAP
emission limit you must
meet, in kilograms (kg)
For any affected source applying coating to . . organic HAP emitted/kg
. coating solids used.
(Same number applies to
lb organic HAP emitted/
lb coating solids used)
TPO substrates................................. 0.26
Automotive lamps............................... 0.45
Assembled onroad vehicles..................... 1.34
Other (general use) plastic parts and products. 0.16
Table 3.Emission Limits for New or Reconstructed Affected Sources
The organic HAP
emission limit you must
meet, in kg organic HAP
For any affected source applying coating to . . emitted/kg coating
. solids used (Same
number applies to lb
organic HAP emitted/lb
coating solids used)
TPO substrates................................. 0.22
Automotive lamps............................... 0.26
Assembled onroad vehicles..................... 1.34
Other (general use) plastic parts and products. 0.16
You may choose from several compliance options in the final rule to achieve the emission limits. You could comply by applying materials (coatings, thinners and/or other additives, and cleaning materials) that meet the emission limits, either individually or collectively, during each compliance period. You could also use a capture system and addon control device to meet the emission limits. You could also comply by using a combination of both approaches.
Operating Limits. If you reduce emissions 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 system. For capture systems that are not permanent total enclosures, you establish average volumetric flow rates or duct static pressure limits for each capture device (or enclosure) in each capture system. For capture systems that are permanent total enclosures, you establish limits on average facial velocity or pressure drop across openings in the enclosure.
For thermal oxidizers, you monitor the combustion temperature. For
catalytic oxidizers, you monitor the temperature immediately before and
after the catalyst bed, or you monitor the temperature before or after the catalyst bed and implement a sitespecific
[[Page 20973]]
inspection and maintenance plan for the catalytic oxidizer. For
regenerative carbon adsorbers for which you do not conduct a liquid
liquid material balance, you monitor the carbon bed temperature and the
amount of steam or nitrogen used to desorb the bed. For condensers, you
monitor the outlet gas temperature from the condenser. For
concentrators, you monitor the temperature of the desorption gas stream and the pressure drop across the concentrator.
The sitespecific parameter limits that you establish must reflect operation of the capture system and control devices during a performance test that demonstrates achievement of the emission limits during representative operating conditions.
Work Practice Standards. If you use an emission capture system and control device for compliance, you must develop and implement a work practice plan to minimize organic HAP emissions from mixing operations; storage tanks and other containers; and handling operations for coatings, thinners and/or other additives, cleaning materials, and waste materials. If your affected source has an existing documented plan that incorporates steps taken to minimize emissions from the aforementioned sources, you may be able to use your existing plan to satisfy the requirement for a work practice plan.
If you use a capture system and 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 control device.
The NESHAP General Provisions (40 CFR part 63, subpart A) codify
certain procedures and criteria for all 40 CFR part 63 NESHAP and apply
to you as indicated in the final rule. 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.
E. What Are the Testing and Initial Compliance Requirements?
Existing affected sources must be in compliance with the final rule no later than April 19, 2007. New and reconstructed sources must be in compliance upon initial startup of the affected source or by April 19, 2004, whichever is later. However, affected sources are not required to demonstrate compliance until the end of the initial compliance period when they will have accumulated the necessary records to document the rolling 12month organic HAP emission rate.
Compliance with the emission limits is based on a rolling 12month organic HAP emission rate determined each month. Each 12month period is a compliance period. The initial compliance period, therefore, is the 12month period beginning on the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period begins on the compliance date and extends through the end of that month plus the following 12 months. In other words, the initial compliance period could be almost 13 months long, but all subsequent compliance periods will be 12 months long. We have defined ``month'' as a calendar month or a prespecified period of 28 to 35 days to allow for flexibility at sources where data are based on a business accounting period.
Being ``in compliance'' means that the owner or operator of the affected source meets the requirements to achieve the final emission limitations during the initial compliance period. However, they will not have accumulated the records for the rolling 12month organic HAP emission rate until the end of the initial compliance period. At the end of the initial compliance period, the owner or operator uses 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 applicable limit and other requirements, it is out of compliance for the entire compliance period.
Emission Limits. There are three options for complying with the final emission limits, and the testing and initial compliance requirements vary accordingly. You may choose to use one compliance option for the entire affected source, or you may use different compliance options for different coating operations within the affected source. You may also use different compliance options for the same coating operation at different times, different compliance options when different coatings are applied to the same part, or when the same coating is applied to different parts. However, you may not use different compliance options at the same time on the same coating operation.
Option 1: Compliant materials. This option is a pollution prevention option that allows you to easily demonstrate compliance by using lowHAP or nonHAP coatings and other materials. If you use coatings that, based on their organic HAP content, individually meet the kilogram (kg) (lb) organic HAP emitted per kg (lb) coating solids used levels in the applicable emission limits and you use nonHAP 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 may demonstrate compliance by using manufacturer's formulation data and readily available purchase records to determine the organic HAP content of each coating or other material and the amount of each material used. You do not need to perform any detailed emission rate calculations.
If you demonstrate compliance based on the coatings and other
materials used, you demonstrate that the organic HAP content of each
coating meets the emission limits for the appropriate subcategory as
shown in Tables 2 and 3 of this preamble, and that you used no organic
HAPcontaining thinners and/or other additives, or cleaning materials.
For example, if you are using the compliant materials option and your
existing source has TPO coating operations, automotive lamp coating
operations, assembled onroad vehicle coating operations, and general
use coating operations, you demonstrate that: (1) Each coating used in
the TPO coating operation has an organic HAP content no greater than
0.26 kg (0.26 lb) organic HAP emitted per kg (lb) coating solids used;
(2) each coating used in the automotive lamp coating operations has an
organic HAP content no greater than 0.45 kg (0.45 lb) organic HAP
emitted per kg (lb) coating solids used; (3) each coating used in the
assembled onroad vehicle coating operations has an organic HAP content
no greater than 1.34 kg (1.34 lb) organic HAP emitted per kg (lb)
coating solids used; (4) each general use coating has an organic HAP
content no greater than 0.16 kg (0.16 lb) organic HAP emitted per kg
(lb) coating solids used; and (5) that you used no organic HAP
containing thinners and/or other additives, or cleaning materials. Note
that ``no organic HAP'' is not intended to mean absolute zero.
Materials that contain ``no organic HAP'' means materials that contain
organic HAP levels below the levels specified in Sec. 63.4541(a) of
the final rule, which are typical Occupational Safety and Health [[Page 20974]]
Administration (OSHA) reporting levels for material safety data sheets.
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 of organic HAP in coatings, thinners and/or other additives, and cleaning materials and the mass fraction of coating solids, 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 could use results from the test methods listed below. You may also use alternative test methods provided you get EPA approval in accordance with the NESHAP General Provisions, 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 prevail for compliance and enforcement purposes, unless, after consultation you demonstrate to the satisfaction of the enforcement agency that the formulation data are correct.
The following test methods are used to determine HAP content. For organic HAP content, use Method 311 of 40 CFR part 63, appendix A. You may also use nonaqueous volatile matter as a surrogate for organic HAP, which includes all organic HAP plus all other organic compounds, excluding water. If you choose this option, use Method 24 of 40 CFR part 60, appendix A. If you are determining HAP content for reactive adhesives (that is, adhesives in which some of the HAP react to form solids and are not emitted to the atmosphere), you may use the alternative to Method 24 that is included in appendix A of the final rule. For determining mass fraction of coating solids, use Method 24.
Option 2: Compliance based on the emission rate without addon controls. This option is a pollution prevention option that allows you to demonstrate compliance based on the organic HAP contained in the mix of coatings, thinners and/or other additives, and cleaning materials you use. This option offers the flexibility to use some individual coatings that do not, by themselves, meet the kg (lb) organic HAP emitted per kg (lb) coating solids used levels in the applicable emission limits if you use other lowHAP or nonHAP coatings such that overall emissions from the affected source over a 12month period meet the emission limits. You must use this option if you use HAPcontaining thinners and/or other additives, and cleaning materials and do not have addon controls. You keep track of the mass of organic HAP in each coating, thinner or other additive, and cleaning material, and the amount of each material you use in your affected source each month of the compliance period. You use this information to determine the total mass of organic HAP in all coatings, thinners and/or other additives, and cleaning materials divided by the total mass of coating solids used during the compliance period. You demonstrate that your emission rate (in kg (lb) organic HAP emitted per kg (lb) coating solids used) meets the applicable emission limit. You may use readily available purchase records and manufacturer's formulation data to determine the amount of each coating or other material you used and the organic HAP in each material. The final rule contains equations that show you how to perform the calculations to demonstrate compliance.
If you demonstrate compliance using Option 2, you are required to:
Note that if you choose to use this option for a particular coating operation rather than for all coating operations at the source, you calculate the organic HAP emission rate using just the materials used in that operation. Similarly, if your facility has multiple coating operations using this option (e.g., a TPO coating operation, an automotive lamp coating operation, an assembled onroad vehicle coating operation, and a general use coating operation), you do a separate calculation for each coating operation to show that each coating operation meets its emission limit. If you are complying with a facilityspecific emission limit, you include all coating operations that are subject to the facilityspecific emission limit in the compliance calculations.
Option 3: Compliance based on using a capture system and addon controls device. This option allows sources to use a capture system and an addon pollution control device, such as a combustion device or a recovery device, to meet the emission limits. While we believe that, based on typical emission characteristics, most sources will not use control devices, we are providing this option for sources that use control devices. Fewer than 10 percent of the existing sources for which we have data use control devices. Under this option, testing is required to demonstrate the capture system and control device efficiencies. Alternatively, you may conduct a liquidliquid material balance to demonstrate the amount of organic HAP collected by your recovery device. The final rule provides equations showing you how to use records of materials usage, organic HAP contents of each material, capture and control efficiencies, and coating solids content to calculate your emission rate during the compliance period.
If you demonstrate compliance based on this option, you demonstrate
that your emission rate considering controls (in kg (lb) organic HAP
emitted per kg (lb) of coating solids used) is less than the applicable
emission limit. For a capture system and addon control device, other
than a solvent recovery system for which you conduct a liquidliquid
material balance, your testing and initial compliance requirements are as follows:
[[Page 20975]]
compliance date for existing sources and 180 days after the compliance date for new and reconstructed sources.
Note that if you choose to use this option for a particular coating operation rather than for the entire affected source, you calculate the organic HAP emission rate using just the materials used in that operation. Similarly, if your facility has multiple coating operations using this option (e.g., a TPO coating operation, an automotive lamp coating operation, an assembled onroad vehicle coating operation, and a general use coating operation), you do a separate calculation for each coating operation to show that each coating operation meets its emission limit. If you are complying with a facilityspecific emission limit, you would include all coating operations that are subject to the facilityspecific emission limit in the compliance calculations.
If you use a capture system and addon control device, other than a solvent recovery system for which you conduct liquidliquid material balances, you use specified test methods to determine both the efficiency of the capture system and the emission reduction efficiency of the control device. To determine the capture efficiency, you would either verify the presence of a permanent total enclosure using EPA Method 204 of 40 CFR part 51, appendix M (and all materials must be applied and dried within the enclosure); or use one of three protocols in Sec. 63.4565 of the final rule to measure capture efficiency. If you have a permanent total enclosure and all materials are applied and dried within the enclosure and you route all exhaust gases from the enclosure to a control device, you assume 100 percent capture.
To determine the emission reduction efficiency of the control
device, you conduct measurements of the inlet and outlet gas streams.
The test consists of three runs, each run lasting 1 hour, using the following EPA Methods in 40 CFR part 60, appendix A:
If you use a solvent recovery system, you could choose to determine the overall control efficiency 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 materials used in the controlled coating operations served by the solvent recovery system during each month of the initial compliance period, and to determine the total volatile matter contained in these materials. You also measure the amount of volatile matter recovered by the solvent recovery system during each month of the initial compliance period. Then you compare the amount recovered to the amount used to determine the overall control efficiency each month and apply this efficiency to the total mass of organic HAP in the materials used to determine total organic HAP emissions for the month. You total these 12 monthly organic HAP emission values and divide by the total of the 12 monthly values for coating solids used to calculate the emission rate for the 12month initial compliance period. You record the calculations and results and include them in your Notification of Compliance Status.
Operating Limits. As mentioned above, you establish operating limits as part of the initial performance test of a capture system and control device, other than a solvent recovery system for which you conduct liquidliquid material balances. The operating limits are the minimum or maximum (as applicable) values achieved for capture systems and control devices during the most recent performance test, conducted under representative conditions, that demonstrated compliance with the emission limits.
The final rule specifies the parameters to monitor for the types of emission control systems commonly used in the industry. You are required to install, calibrate, maintain, and continuously operate all monitoring equipment according to manufacturer's specifications and ensure that the continuous parameter monitoring systems (CPMS) meet the requirements in Sec. 63.4568 of the final rule. If you use control devices other than those identified in the final rule, you submit the operating parameters to be monitored to the Administrator for approval. The authority to approve the parameters to be monitored is retained by EPA and is not delegated to States.
If you use a thermal or catalytic oxidizer, you continuously
monitor the appropriate temperature and record it at least every 15
minutes. For thermal oxidizers, the temperature monitor is placed in
the firebox or in the duct immediately downstream of the firebox before
any substantial heat exchange occurs. The operating limit is the
average temperature measured during the performance test and for each
consecutive 3hour period; the average temperature has to be at or
above this limit. For catalytic oxidizers, temperature monitors are
placed immediately before and after the catalyst bed. The operating
limits are the average temperature just before the catalyst bed and the
average temperature difference across the catalyst bed during the
performance test. For each 3hour period, the average temperature and
the average temperature difference must be at or above these limits.
Alternatively, if you develop and implement an inspection and
maintenance plan for the catalytic oxidizer, then you are allowed to
monitor only the temperature before the catalyst bed and meet only the temperature operating limit before the
[[Page 20976]]
catalyst bed and are not required to monitor the difference across the bed.
If you use a regenerative carbon adsorber and do not conduct liquidliquid material balances to demonstrate compliance, you monitor the carbon bed temperature after each regeneration and the total amount of steam or nitrogen used to desorb the bed for each regeneration. The operating limits are the carbon bed temperature at the time the carbon bed is returned to service (not to be exceeded) and the amount of steam or nitrogen used for desorption (to be met as a minimum).
If you use a condenser and do not conduct liquidliquid material balances to demonstrate compliance, you monitor the outlet gas temperature to ensure that the air stream is being cooled to a low enough temperature. The operating limit is the average condenser outlet gas temperature measured during the performance test and for each consecutive 3hour period, the average temperature must be at or below this limit.
If you use a concentrator, you monitor the temperature of the desorption concentrate stream and the pressure drop across the concentrator. These values must be recorded at least once every 15 minutes. The operating limits must be the 3hour average temperature (to be met as a minimum) and the 3hour average pressure drop (to be met as a minimum) measured during the performance test.
For each capture system that is not a permanent total enclosure, you establish operating limits for gas volumetric flow rate or duct static pressure for each enclosure or capture device. The operating limit is the average volumetric flow rate or duct static pressure during the performance test, to be met as a minimum. For each capture system that is a permanent total enclosure, the operating limit requires the average facial velocity of air through all natural draft openings to be at least 200 feet per minute or the pressure drop across the enclosure to be at least 0.007 inches water.
Work Practices. If you use a capture system and control device for compliance, you are required to develop and implement on an ongoing basis a work practice plan for minimizing organic HAP emissions from storage, mixing, material handling, and waste handling operations. This plan must include a description of all steps taken to minimize emissions from these sources (e.g., using closed storage containers, practices to minimize emissions during filling and transfer of contents from containers, using spill minimization techniques, placing solvent laden cloths in closed containers immediately after use, etc.). You must make the plan available for inspection if the Administrator requests to see it.
If you use a capture system and control device for compliance, you are required to develop and operate according to a SSMP during periods of startup, shutdown, or malfunction of the capture system and control device.
F. What Are the Continuous Compliance Provisions?
Emission Limits. If you use the compliant materials option (Option 1), you demonstrate continuous compliance if each coating meets the applicable emission limit and you use no organic HAPcontaining thinners and/or other additives, or cleaning materials. If you use the emission rate without addon controls option (Option 2), you demonstrate continuous compliance if, for each 12month compliance period, the ratio of kg (lb) organic HAP emitted to kg (lb) coating solids used is less than or equal to the applicable emission limit. You follow the same procedures for calculating the organic HAP emitted to coating solids used ratio that you used for the initial compliance period.
For each coating operation on which you use a capture system and control device (Option 3), other than a solvent recovery system for which you conduct a liquidliquid material balance, you use the continuous parameter monitoring results for the month as part of the determination of the mass of organic HAP emissions. If the monitoring results indicate no deviations from the operating limits and there were no bypasses of the control device, you assume the capture system and control device are achieving the same percent emission reduction efficiency as they did during the most recent performance test in which compliance was demonstrated. You then apply this percent reduction to the total mass of organic HAP in materials used in the controlled coating operations to determine the emissions from those operations during the month. If there were any deviations from the operating limits during the month or any bypasses of the control device, you account for them in the calculation of the monthly emissions by assuming the capture system and control device were achieving zero emission reduction during the periods of deviation, unless you have other data indicating the actual efficiency of the emission capture system and addon control device, and the use of these data is approved by your permitting authority. Determine the organic HAP emission rate by dividing the total mass of organic HAP emissions for the 12month compliance period by the total mass of coating solids used during the 12month compliance period. Every month, you calculate the emission rate for the previous 12month period.
For each coating operation on which you use a solvent recovery system and conduct a liquidliquid material balance each month, you use the liquidliquid material balance to determine control efficiency. To determine the overall control efficiency, you must measure the amount of all materials used during each month and determine the volatile matter content of these materials. You must also measure the amount of volatile matter recovered by the solvent recovery system during the month, calculate the overall control efficiency, and apply it to the total mass of organic HAP in the materials used to determine total organic HAP emissions each month. Then you determine the 12month organic HAP emission rate in the same manner described above.
Operating Limits. If you use a capture system and control device, the final rule requires you to achieve on a continuous basis the operating limits you establish during the performance test. If the continuous monitoring shows that the capture system and control device are operating outside the range of values established during the performance test, you have deviated from the established operating limits.
If you operate a capture system and control device with bypass
lines that could allow emissions to bypass the control device, you
demonstrate that captured organic HAP emissions within the affected
source are being routed to the control device by monitoring for
potential bypass of the control device. You may choose from the following five monitoring procedures:
A deviation would occur for any period of time the bypass monitoring
[[Page 20977]]
indicates that emissions are not routed to the control device.
Work Practices. If you use an emission capture system and control device for compliance, you are required to implement, on an ongoing basis, the work practice plan you developed during the initial compliance period. If you did not develop a plan for reducing organic HAP emissions or you do not implement the plan, this would be a deviation from the work practice standard.
If you use a capture system and control device for compliance, you
are required to operate according to your SSMP during periods of
startup, shutdown, or malfunction of the capture system and control device.
G. What Are the Notification, Recordkeeping, and Reporting Requirements?
You are required to comply with the applicable requirements in the NESHAP General Provisions, subpart A of 40 CFR part 63, as described in the final rule. The General Provisions notification requirements include: initial notifications, notification of performance test if you are complying using a capture system and control device, notification of compliance status, and additional notifications required for affected sources with continuous monitoring systems. The General Provisions also require certain records and periodic reports.
Initial N
FOR FURTHER INFORMATION CONTACT Ms. Kim Teal, Coatings and Consumer
Products Group, Emission Standards Division (C53903), U.S. EPA,
Research Triangle Park, NC 27711; telephone number (919) 5415580;
facsimile number (919) 5415689; electronic mail address:
teal.kim@epa.gov.
Common CFR Searches
14 CFR Part 39 40 CFR Part 52 14 CFR Part 71 33 CFR Part 165 50 CFR Part 679 26 CFR Part 1 40 CFR Part 180 47 CFR Part 73 50 CFR Part 17 33 CFR Part 117 44 CFR Part 67 50 CFR Part 648 14 CFR Part 97 33 CFR Part 100 40 CFR Part 63 50 CFR Part 622 26 CFR Part 301 39 CFR Part 111 40 CFR Part 300 50 CFR Part 660 44 CFR Part 65 40 CFR Parts 52 and 81 40 CFR Part 271 47 CFR Part 64 50 CFR Part 665 47 CFR Part 76 50 CFR Part 229 14 CFR Part 23 14 CFR Part 25 21 CFR Part 522