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CFR Citation: 40 CFR Part 63

EPA ID: [EPA-HQ-OAR-2005-0526; FRL-8466-6]

RIN ID: RIN 2060-AN21

NOTICE: Part II

DOCUMENT ACTION: Proposed rule.

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

DATES: Comments. Comments must be received on or before October 17, 2007. Under the Paperwork Reduction Act, comments on the information collection provisions must be received by the Office of Management and Budget (OMB) on or before October 17, 2007.

Public Hearing: If anyone contacts EPA requesting to speak at a public hearing concerning the proposed rule by September 27, 2007, we will hold a public hearing on October 2, 2007.

DOCUMENT SUMMARY: In this action, EPA proposes national emission standards for hazardous air pollutants (NESHAP) for area sources engaged in paint stripping and miscellaneous surface coating operations. EPA has listed ``Paint Stripping,'' ``Plastic Parts and Products (Surface Coating),'' and ``Autobody Refinishing Paint Shops'' as area sources of hazardous air pollutants (HAP) that contribute to the risk to public health in urban areas under the Integrated Urban Air Toxics Strategy. These three source categories are being combined into one set of standards for the purposes of this rulemaking. Paint stripping operations subject to the standards being proposed include the use of methylene chloride containing chemicals to remove paint and other coatings. Plastic parts and products surface coating operations include the application of coatings to miscellaneous parts and/or products made of metal or plastic, or combinations of metal and plastic. Autobody refinishing includes the application of coating to motor vehicles and mobile equipment. These proposed standards, when final, would require all methylene chloride (MeCl) containing paint stripping and miscellaneous surface coating operations at area sources to comply with equipment requirements and/or management practices that minimize specific HAP emissions. The standards would also establish training requirements for persons who spray apply coatings. These standards, when final, would apply to all area sources that perform methylene chloridecontaining paint stripping and miscellaneous surface coating activities, except when other NESHAP apply.

SUMMARY: Environmental Protection Agency,

SUPPLEMENTAL INFORMATION

A. How is this document organized?

The information presented in this preamble is organized as follows: I. General Information

A. How is this document organized?

B. Does this action apply to me?

C. What should I consider as I prepare my comments to EPA? II. Background Information for Proposed Area Source Standards

A. What is the regulatory development background for the proposed standards for paint stripping and miscellaneous surface coating operations?

B. Where in the Code of Federal Regulations (CFR) will these standards be codified?

C. What criteria are used in the development of these NESHAP?

D. What are the sources of emissions and the HAP for which these area source categories were listed?

E. What are the health effects associated with the pollutants emitted by paint stripping and miscellaneous surface coating operations?

F. How has EPA regulated major sources in the same industrial sectors (similar sources) and what has EPA learned about available control technologies and management practices from regulating these major sources?
III. Proposed NESHAP for Paint Stripping and Miscellaneous Coating Operations at Area Sources

A. What are the affected area sources?

B. What are the HAP and primary sources of emissions for which these source categories were listed?

C. Do the proposed standards apply to my source?

D. What emissions control requirements is EPA proposing?

E. What are the initial compliance requirements?

F. What are the continuous compliance requirements?

G. What are the notification, recordkeeping, and reporting requirements?

IV. Rationale for Selecting the Proposed Standards

A. What area source categories are affected by this proposal?

B. How did we select the affected source?

C. How did we determine the basis and level of the proposed standards for new and existing sources?

D. How did we select the format of the proposed standards?

E. How did we select the initial compliance and testing requirements?

F. How did we select the continuous compliance requirements?

G. How did we select the compliance date?

H. How did we decide to exempt these area source categories from the CAA title V permit requirements?
V. Impacts of the Proposed Standards

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 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. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and LowIncome Populations

B. Does this action apply to me?

Categories and entities potentially affected by the proposed rule are MeClcontaining paint stripping operations and miscellaneous surface coating operations located at area sources. An area source is defined in CAA section 112(a) as any stationary source of HAP that is not a major source, and a major source is defined as 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) of any single HAP or 25 tpy of any combination of HAP. For the purposes of this proposal, paint stripping operations are those that involve the use of MeCl for the partial or complete removal of surface coatings from wood, metal or plastic substrates at area sources as either (1) an independent activity where paint stripping is the principle activity at the source or (2) an activity incidental to the principle activity (e.g., surface coating, inspection, maintenance, etc.) at the source. We consider paint stripping activities that use less than 150 gallons per year to be incidental to the principle activity and those using 150 gallons or more to be performing paint stripping as a principle activity. Miscellaneous surface coating operations are those that involve the application of coatings at area sources to (1) miscellaneous parts and/or products made of metal or plastic, or combinations of metal and plastic; or (2) motor vehicles and mobile equipment (e.g., heavy dutytrucks, buses, construction equipment, selfpropelled vehicles and equipment that may be drawn and/or driven on a roadway), hereinafter referred to as autobody refinishing. In general, the facilities and entities potentially affected by the proposed rule are covered under the North American Industrial Classification System (NAICS) Codes listed in the following table. However, facilities classified under other NAICS codes may be subject to the proposed standards if they meet the applicability criteria. Examples of potentially Category NAICS regulated entities Aerospace Equipment............ 336413 Aircraft engines, aircraft 336414 parts, aerospace ground 336415 equipment.
54171
[[Page 52960]]
Automobiles and Automobile 335312 Engine parts, vehicle parts Parts. 336111 and accessories, brakes, 336211 axles, etc. Motor vehicle 336312 body manufacturing and 33632 automobile assembly plants. 33633 New and used car dealers. 33634 Automotive body, paint, and 33637 interior repair and 336399 maintenance.
441110
441120
811121
Chemical Manufacturing and 325110 Petrochemicals, Industrial Product Preparation. 325120 Gases, Inorganic Dyes and 325131 Pigments, Basic Inorganic 325188 and Organic Chemicals, 325192 Cyclic Crude and 325193 Intermediates, Ethyl 325199 Alcohol, Miscellaneous 325998 Chemical Production and Preparation.
Extruded Aluminum.............. 331316 Extruded aluminum, 331524 architectural components, 332321 coils, rod, and tubes. 332323
Government..................... N/A Government entities, besides Department of Defense, that maintain vehicles, such as school buses, police and emergency vehicles, transit buses, or highway maintenance vehicles. Heavy Equipment................ 33312 Tractors, earth moving 333611 machinery.
333618
Job Shops...................... 332312 Manufacturing industries not 332722 elsewhere classified (e.g., 332813 bezels, consoles, panels, 332991 lenses).
332999
334119
336413
339999
Large Trucks and Buses......... 33612 Large trucks and buses. 336211
Metal Buildings................ 332311 Prefabricated metal buildings, carports, docks, dwellings, greenhouses, panels for buildings. Metal Containers............... 33242 Drums, kegs, pails, shipping 81131 containers.
322214
331513
332439
Metal Pipe and Foundry......... 331111 Plate, tube, rods, nails, 331513 etc.
33121
331221
331511
Rail Transportation............ 33651 Brakes, engines, freight 336611 cars, locomotives. 482111
Recreational Vehicles and Other 321991 Mobile Homes. Motorcycles, Transportation Equipment. 3369 motor homes, semi trailers, 331316 truck trailers. 336991 Miscellaneous
336211 transportation related 336112 equipment and parts. Travel 336212 trailer and camper 336213 manufacturing. 336214
336399
336999
33635
56121
8111
56211
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RubbertoMetal Products....... 326291 Engine mounts, rubberized 326299 tank tread, harmonic balancers.
Structural Steel............... 332311 Joists, railway bridge 332312 sections, highway bridge sections.
Waste Treatment, Disposal, and 562211 Hazardous Waste Treatment Materials Recovery. 562212 and Disposal, Solid Waste 562213 Landfill, Solid Waste 562219 Combustors and 562920 Incinerators, Other Nonhazardous Waste Treatment and Disposal, Materials Recovery. Other Industrial and Commercial 211112 Natural Gas Liquid Extraction.
311942 Spices and Extracts. 331311 Alumina Refining. 337214 Office furniture, except 811420 wood.
Reupholstery and Furniture Repair.
325211 Plastics Material Synthetic Resins, and Nonvulcanizable Elastomers.
325510 Paint and Coating Manufacturing. 32614, Plastic foam products (e.g., 32615 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).
339111, Medical equipment and 339112 supplies.
33992 Sporting and athletic goods. 33995 Signs and advertising specialties.
336612 Boat building.
713930 Marinas, including boat repair yards.

This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by the proposed rule. Many types of entities that perform stripping and/or coating that are not listed in this table would be potentially affected by the proposed rule. To determine whether your facility, company, business, organization, etc., is subject to this action, you should examine the applicability criteria in section 63.11170 of the proposed 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.

C. What should I consider as I prepare my comments to EPA?

Do not submit information containing CBI to EPA through http://www.regulations.gov, or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2.

When submitting comments, remember to:

1. Identify the rulemaking by docket number and other identifying information (e.g., subject heading, Federal Register proposal publication date and reference page number(s)).

2. Follow directionsEPA may ask you to respond to specific questions.

3. Explain why you agree or disagree; suggest alternatives and provide substitute language for your requested changes.

4. Describe any assumptions and provide any technical information and/or data that you used.

5. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced.

6. Provide specific examples to illustrate your concerns, and suggest alternatives.

7. Explain your views as clearly as possible, avoiding the use of profanity or personal threats.

8. Make sure to submit your comments by the specified comment period deadline.
II. Background Information for Proposed Area Source Standards A. What is the regulatory development background for the proposed standards for paint stripping and miscellaneous surface coating operations?

Section 112 of the Clean Air Act (CAA) requires EPA to develop NESHAP for both major and area sources that are listed for regulation under CAA section 112(c). As stated earlier, a major source is defined in CAA section 112(a) as 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) of any single HAP or 25 tpy of any combination of HAP. An area source is any stationary source that is not a major source. Thus, area sources are those sources of HAP that do not emit nor have the potential to emit HAP at or above the 10 or 25 tpy thresholds.

CAA section 112(k)(3)(B) requires EPA to develop a list of at least 30 HAP which, as a result of area source emissions, pose the greatest threat to public health in the largest number of urban areas. We refer to these HAP as the ``urban HAP.'' Section 112(c)(3) of the CAA directs EPA to identify source categories or subcategories of area
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sources that represent 90 percent of the emissions of the urban HAP.

On July 19, 1999, EPA published its Integrated Urban Air Toxics Strategy, which included both the list of urban HAP and the initial list of area source categories (64 FR 38706). The initial list of area source categories included ``Paint Stripping Operations''. On June 26, 2002 and November 22, 2002, EPA added ``Autobody Refinishing Paint Shops (67 FR 43112)'' and ``Plastic Parts and Products (Surface Coating) (67 FR 70427)'', respectively, to the list of area source categories. A primary goal of the Integrated Urban Air Toxics Strategy is to achieve a 75 percent reduction in cancer incidence attributable to HAP emitted from stationary sources in urban areas.

Sierra Club sued EPA, alleging a failure to complete standards for the area source categories listed pursuant to CAA section 112(c)(3)and (k)(3)(B) within the timeframe specified by the statute. See Sierra Club v. Johnson, No. 011537, (D.D.C.). On March 31, 2006, the court issued an order requiring EPA to promulgate standards under CAA section 112(d) for those area source categories listed pursuant to CAA section 112(c)(3) and (k)(3)(B). Among other things, the order requires that, by December 15, 2007, EPA complete standards for certain area source categories.

In this action, EPA is proposing standards for the following area source categories: Paint stripping, plastic parts and products (surface coating), and autobody refinishing. In developing this proposed rule, we fully analyzed these three listed source categories and found that it is both reasonable and technically feasible to regulate emissions from these three source categories by a single set of emission standards. The processes, emission points, emission characteristics, and emission controls for plastic parts and products surface coating and autobody refinishing are very similar. Additionally, paint stripping is often performed as part of the surface preparation for both plastic parts and autobody refinishing which, by regulating within the scope of a single set of standards, reduces the burden of complying with multiple standards on the sources performing both the paint stripping and subsequent coating. This single set of emission standards that addresses all three categories also minimizes the cost of developing, permitting, and enforcing the standards. For purposes of this preamble and proposed rule, the term ``paint stripping and miscellaneous surface coating'' is used to indicate that the three area source categories of paint stripping, plastic parts and products (surface coating), and autobody refinishing have been treated as a single source category for purposes of developing this rule.

Early in the development of standards to implement EPA's Integrated Urban Strategy, the States expressed concern over the burden and resources that would be required for the States to take delegation for the implementation of the area source rules listed as part of the strategy. Specifically, States were concerned that implementing Federal requirements, in lieu of established State programs, would be overly burdensome with little or no additional emission reductions for certain source categories. In these discussions, the States acknowledged the provisions in CAA section 112(l) as a route for providing them this reduction of burden and flexibility in accepting delegation of some of the area source standards. Guidance on the provisions of CAA section 112(l) are presented in 40 CFR 63 Subpart E which provides certain administrative (i.e., monitoring, recordkeeping, and reporting) criteria for an alternative program to be considered equivalent. This guidance provides States with information regarding the necessary components for their program to be considered equivalent. EPA believes some States may have programs that address the emissions from the surface coating of motor vehicles and mobile equipment that are at least as effective as the proposed standards and encourages States to consider utilizing these provisions in lieu of implementing the proposed standards.

The EPA is seeking comment on (1) whether or not the States are interested in utilizing the Section 112(l) alternative program approach, and (2) what technical assistance the States may need to develop equivalency determinations.
B. Where in the Code of Federal Regulations (CFR) will these standards be codified?

The CFR is a codification of the general and permanent rules published in the Federal Register by the Executive departments and agencies of the Federal Government. The code is divided into 50 titles that represent broad areas subject to Federal Regulation. When final, these proposed standards will be published in Title 40, Protection of the Environment, part 63, subpart HHHHHH: National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations.
C. What criteria are used in the development of these NESHAP?

CAA section 112(d)(5) authorizes EPA to issue alternative emission standards for area sources in lieu of the authorities provided in CAA sections 112(d)(2) and 112(f). Specifically, section 112(d)(5), which is entitled ``Alternative Standard for Area Sources,'' provides:

With respect only to categories and subcategories of area sources listed pursuant to subsection (c) of this section, the Administrator may, in lieu of the authorities provided in paragraph (2) and subsection (f) of this section, elect to promulgate standards or requirements applicable to sources in such categories or subcategories which provide for the use of generally available control technologies or management practices by such sources to reduce emissions of hazardous air pollutants.

Thus, CAA section 112(d)(5) authorizes EPA to promulgate standards under section 112(d)(5) that provide for the use of generally available control technologies or management practices (GACT), instead of issuing maximum achievable control technology (MACT) standards pursuant to CAA section 112(d)(2) and (d)(3). The statute does not set any condition precedent for issuing standards under CAA section 112(d)(5) other than that the area source category or subcategory at issue must be one that EPA listed pursuant to CAA section 112(c)(3), which is the case in this proposal.

When setting a GACT standard for an area source category as opposed to a MACT standard, EPA must ensure that the GACT standard is consistent with the requirements of CAA section 112(d)(5) and have a reasonable basis for its GACT determination. Thus, in developing standards for area sources of HAP emissions, EPA evaluates the control technologies and management practices that reduce HAP emissions that are generally available for each area source category, and, in determining GACT, may establish standards on either (or both) generally available control technologies or (and) management practices that reduce the emission of HAP. EPA's analysis supporting the proposed GACT requirements is discussed in detail in section IV of this preamble. D. What are the sources of emissions and the HAP for which these area source categories were listed?

EPA listed the area source paint stripping category pursuant to CAA section 112(c)(3) based on emissions of MeCl contained in paint stripper formulations. The emissions of MeCl comes from evaporative losses during the use or storage of MeCl. EPA listed
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the area source miscellaneous coating operations category pursuant to section 112(c)(3) based on emissions of cadmium, chromium, lead compounds (lead), manganese and nickel compounds that are in the coatings, as part of the pigment in topcoats or for the corrosion protection in primers. For purposes of this proposal we will refer to these HAP as the ``target HAP.''

The anticipated national impacts of these proposed standards is summarized in section V of this preamble.
E. What are the health effects associated with the pollutants emitted by paint stripping and miscellaneous surface coating operations?

Emissions data collected in the development of this proposed rule shows that HAP emitted from paint stripping and miscellaneous surface coating operations are associated with a variety of adverse health effects. These adverse health effects include chronic health disorders (e.g., central nervous system effects, blood disorders, cancer) and acute health disorders (e.g., irritation of eyes, nose and throat, with longterm impairment of lung function possible at high acute exposures). The proposed rule protects air quality and promotes the public health by reducing the emissions of the HAP for which the three source categories at issue in this proposed rule were listed. F. How has EPA regulated major sources in the same industrial sectors (similar sources) and what has EPA learned about available control technologies and management practices from regulating these major sources?

Major sources performing paint stripping and surface coating of miscellaneous parts and/or products made of metal or plastic, or combinations of metal and plastic; or motor vehicles and mobile equipment (e.g., heavy dutytrucks, buses, construction equipment, selfpropelled vehicles and equipment that may be drawn and/or driven on a roadway), were addressed in different surface coating NESHAP requiring MACT level of control, of which the last NESHAP was promulgated in 2004. Major sources must currently be in compliance with those surface coating NESHAP.

Paint stripping was a separately listed major source category under CAA section 112 (c)(1), however, during the data gathering phase EPA determined that there were no major source paint stripping operations conducted independent of surface coating. Therefore, all paint stripping operations were covered in each surface coating NESHAP, as part of the cleaning material used for surface preparation activities. Each NESHAP assumed that the initial emission control technology would be reduction of the usage of HAP cleaners or implementation of management practices to reduce the evaporative losses from these cleaning activities.

The data gathering for the major source categories revealed that when the coatings are sprayapplied, it was common practice to perform application of the coatings within the confines of a spray booth to minimize worker exposure. This limited the dispersion of the HAP to the parts being coated as solids in the dry coating film, deposition onto the walls, floor, and grates of the spray booths in which they are applied, or some of the HAP particles would be entrained in the spray booth exhaust air. We have learned, as part of the data gathering phase of this area source proposal that although most, if not all, sources are spray applying these coatings in a spray booth, not all of the spray booths are capable of capturing and controlling the target HAP (the HAP for which the area source categories at issue here were listed pursuant to CAA section 112(c)(3).
III. Proposed NESHAP for Paint Stripping and Miscellaneous Coating Operations at Area Sources

A. What are the affected area sources?

The sources that would be affected by the proposed standards are area sources engaged in paint stripping using MeCl, and/or engaged in coating of miscellaneous parts and/or products made of metal or plastic, or combinations of metal and plastic, or autobody refinishing. The proposed standards would not apply to any of these operations that are specifically covered under another area source NESHAP (e.g., the NESHAP for Defense Land Systems and Miscellaneous Equipment currently under development). While these sources are not currently listed pursuant to CAA section 112(c)(3) or 112(k)(3)(b), we intend to list them under these provisions of the act.
B. What are the HAP and primary sources of emissions for which these source categories were listed?

Paint Stripping Operations

The primary source of emissions from paint stripping operations and the HAP for which this source category was listed pursuant to CAA section 112(c)(3) (the ``target HAP'') is the MeCl contained in paint stripper formulations. The primary source of the MeCl emissions in this source category comes from evaporative losses during the use or storage of MeCl.

Miscellaneous Coating Operations

The primary sources of emissions from miscellaneous coating operations are the metal pigments that are in the coatings and/or refinish material. The target HAP for which these source categories were listed are the heavy metals including cadmium, chromium, lead, manganese and nickel compounds. The primary source of emissions of these HAP are the spray application of the coatings and curing process.

The heavy metals are contained primarily in the coatings (e.g., primers and the pigments in topcoats) and include compounds of lead (Pb), trivalent chromium (CrIII), or hexavalent chromium (CrVI), plus compounds of other metals that are considered HAP, such as cadmium, manganese, and nickel. The metal HAP compounds are emitted as the coatings are atomized during spray application. A substantial fraction of coating that is atomized does not reach the part and becomes what is termed ``overspray.'' The fraction that becomes overspray depends on many variables, but two of the most important are the type of equipment and the skill of the painter. Some overspray lands on surfaces of the spray booth and the masking paper that is usually placed around the surface being sprayed, but the rest of the overspray is drawn into the spray booth exhaust system. If the spray booth has filters, most of the overspray is captured by the filters; otherwise, it is exhausted to the atmosphere.

After coating application, the spray gun must be cleaned to remove the remaining coating before it cures and to prepare it for the next coating job. Solvents used for equipment cleaning may contain the same HAP as the coatings they remove. Spray guns are usually cleaned in a device, commonly referred to as an enclosed spray gun washer, that consists of a solvent reservoir and a covered enclosure that dispenses solvent for gun cleaning. The enclosure may hold the gun for automated gun cleaning. During gun cleaning, HAP from the cleaning solvent and the coating may be emitted as the cleaning solvent is sprayed through the gun during cleaning from the equipment that stores and dispenses the cleaning solvent while it is opened.

C. Do the proposed standards apply to my source?

The area source requirements specified in the proposed rule would apply to your source if your source (or
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facility) is an area source that performs (1) paint stripping using MeClcontaining chemicals or (2) surface coating using spray equipment.

The area source requirements specified in the proposed rule would not apply if your paint stripping or surface coating operations meet any of the following: